Creation and membership. The Board of Supervisors is elected by popular vote in accordance with provisions established by the Commonwealth of Pennsylvania.

Organization. The Board consists of a Chairperson, a Vice Chairperson, and a third member.

Function. The Board of Supervisors shall administer the affairs of the Township, including the responsibility for adopting, enacting, and enforcing the provisions of this chapter, as it may be amended.

Conditional uses. The Board of Supervisors shall hear and decide requests for conditional uses and shall observe the hearing procedures established in § 320-179, provided that references to the Zoning Hearing Board shall be replaced with appropriate references to the Board of Supervisors.

Creation and membership. The Township Planning Commission shall be continued, which shall have five appointed members who shall serve without compensation, but who may be reimbursed for necessary and reasonable expenses.

Appointment. Members of the Planning Commission shall be appointed by resolution of the Board of Supervisors. The term of each of the members of the Planning Commission shall be for four years, or until a successor is appointed and qualified.

Vacancies, increases and reductions in membership. The Chairperson of the Planning Commission shall promptly notify the Board of Supervisors concerning vacancies, and such vacancies shall be filled for the unexpired term. Should the Board of Supervisors determine to increase the number of members of the existing Planning Commission, the additional members shall be appointed as provided in this subsection. If the Board of Supervisors shall determine to reduce the number of members of the existing Planning Commission, such reduction shall be effectuated by allowing the terms to expire and by making no new appointments to fill the vacancy. Any reduction or increase in membership shall be made by ordinance.

Residency required, removal of members. Members of the Planning Commission shall be residents of the Township. At least three of the five members of the Planning Commission shall be designated as citizen members who shall not be officers or employees of the Township. Elected or appointed officials of the Township shall not, by virtue of their service on the Planning Commission, forfeit their right to exercise the powers, perform the duties or receive the compensation for the Township offices held by them during such membership. Any member of the Planning Commission, once qualified and appointed, may be removed from office for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member requests it, in writing. Any appointments to fill a vacancy created by a removal of a member shall be only for the balance of the unexpired term.

Organization. The Planning Commission shall elect its own Chairperson and Vice Chairperson and create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves.

Rules, records and reports. The Planning Commission shall maintain a full record of its business and shall annually make a written report of its activities to the Board of Supervisors. Interim reports may be made as often as necessary, or as requested by the Board of Supervisors.

Funding. The Planning Commission may, with the consent of the Board of Supervisors, accept and utilize any funds, personnel, or other assistance made available by the Township, county, the commonwealth, or the federal government or any of their agencies, or from private sources.

Required functions. The Planning Commission shall, at the request of the Board of Supervisors, have the power and shall be required to:

Creation. A Zoning Hearing Board composed of five residents of the Township is hereby created. Members shall hold no other office in the Township.

Appointment. The Zoning Hearing Board shall be appointed by resolution of the Board of Supervisors. Zoning Hearing Board members shall serve for five year terms which shall be so fixed that the term of office of no more than one member shall expire each year. The Board of Supervisors may, at its discretion, appoint by resolution between one and three alternate members to the Zoning Hearing Board. Such alternate members shall have the right to participate in all hearings of the Zoning Hearing Board but shall be entitled to vote only as provided in Article IX of the Pennsylvania Municipalities Planning Code.[1]

Vacancies. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies, and appointments to fill such vacancies shall be only for the unexpired portion of the term.

Residency required, removal of members. Members of the Zoning Hearing Board shall be residents of the Township. Any member of the Zoning Hearing Board may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors taken after the member has received 15 days' advance notice of the intent of the Board of Supervisors to take such a vote. A hearing shall be held in connection with the vote if the member shall request such hearing, in writing.

Organization. The Zoning Hearing Board shall elect from its membership its officers, who shall serve annual terms as such and may succeed themselves.

Conduct of hearings. For the conduct of any hearing and the taking of any action, a quorum shall be not less than three members. If by reason of absence or disqualification of a member a quorum is not reached, the Chairman of the Zoning Hearing Board may designate alternate members to participate and vote upon designated applications in accordance with the regulations contained in Article IX of the Pennsylvania Municipalities Planning Code. Any alternate members of the Zoning Hearing Board shall continue to serve on the Board in all proceedings, including the matter or case for which the alternate was initially appointed, until the Zoning Hearing Board has made a final determination. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

Hearing Officer. The Board may also appoint a Hearing Officer from its membership to conduct any hearing on its behalf, and the parties may waive further action by the Zoning Hearing Board as provided in Section 908 of the Pennsylvania Municipalities Planning Code.[2]

Rules, forms and records. The Zoning Hearing Board may make, alter, and rescind rules and forms for its procedure, consistent with the ordinances of the Township and the laws of the commonwealth. The Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Board of Supervisors, and shall submit a report of its activities as requested by the Board of Supervisors.

Expenditures for services. Within the limits of funds appropriated by the Board of Supervisors, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors. Alternate members of the Zoning Hearing Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to Section 906 of the Pennsylvania Municipalities Planning Code.[3]

Hear substantive challenges to the validity of any land use ordinance. The Board shall hear and render final decisions concerning substantive challenges to the validity of any land use ordinance in accordance with Article IX of the Pennsylvania Municipalities Planning Code,[1] which shall be raised by an appeal taken within 30 days after the effective date of said land use ordinance.

Hear appeals from a determination of the Zoning Officer. The Zoning Hearing Board shall hear and render final decisions concerning appeals from a determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or the failure to act on the application therefor, the issuance of any notice of violation or cease-and-desist order or the registration or refusal to register any nonconforming use, structure or lot.

Hear appeals from a determination of the Municipal Engineer or Zoning Officer regarding a flood hazard ordinance. The Zoning Hearing Board shall hear appeals from a determination by the municipal engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.

Grant appeals regarding stormwater, erosion control, and similar regulations. The Zoning Hearing Board shall hear appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relates to development not involving Article V or VII of the Pennsylvania Municipalities Planning Code.[2]

Grant special exceptions. The Board shall hear and decide requests for special exceptions in accordance with stated standards and criteria as provided for in this chapter.

Grant variances. The Board shall hear appeals for variances where it is alleged that the provisions of the ordinance inflict unnecessary hardship or practical difficulty in complying with the literal terms of the ordinance. An application for a variance shall state:

Variances: findings required. The Board may grant a variance, provided the following findings are made where relevant. (The burden of proof shall rest with the applicant. The Zoning Hearing Board may require the applicant to provide a copy of any recorded subdivision plan and deed to the property.)

Conditions imposed on variances. In granting any variance, the relevant may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. The relevant shall require that adequate on- or off-site water and sewage disposal facilities are available for the intended use.

Expiration of variances. Unless otherwise specified by the Zoning Hearing Board or by law, a variance shall expire if the applicant fails to obtain a zoning permit within six months from the date of authorization thereof by the Zoning Hearing Board or by the court if such variance has been granted after an appeal, or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the variance approval within one year from the date of authorization thereof by the Zoning Hearing Board, or by the court if such variance has been granted after an appeal. This periods shall be tolled in the event that an applicant has applied for a subdivision or land development approval and is proceeding with the application with due diligence.

Other matters. The Zoning Hearing Board shall hear and render final decisions in any other matter for which the Board shall have been granted jurisdiction by Article IX of the Pennsylvania Municipalities Planning Code[3] or this chapter.

Limits on filing appeals. No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after any application for development, preliminary or final, has been approved by an appropriate Township officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

Effect of appeals pending before the Zoning Hearing Board. An appeal to the Zoning Hearing Board shall stay all proceedings in the furtherance of the action appealed from, unless the Zoning Officer certifies to the Zoning Hearing Board that, by reason of facts stated in the appeal, a stay would cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by a court of competent jurisdiction.

Hearing place and date. The Zoning Hearing Board shall fix a reasonable time (not more than 60 days from the filing of a complete application with the Township) and place for the public hearing and shall give notice thereof stating the time and place of the hearing and the particular nature of the matter to be considered, as follows:

Hearing within 60 days. The first hearing shall be commenced within 60 days from the date of the Township's receipt of the applicant's request, unless the applicant has agreed, in writing, to an extension of time. Each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant, in writing or on the record. An applicant should complete the presentation of his case-in-chief within 100 days of the first filing. Upon the request of the applicant, the Board of the Hearing Officer shall assure that the applicant receives at least seven hours of hearing within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record of the applicant and municipality, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal. Any party aggrieved by the schedule or progress of the hearings may apply to the court of common pleas for judicial relief. The hearing shall be completed no later than 100 days after the completion of the applicant's case-in-chief, unless extended for good cause upon application to the court of common pleas.

Conduct of hearing. The Zoning Hearing Board shall conduct the hearing, or the Board may appoint any member or an independent attorney as a Hearing Officer. The decision or, where no decision is called for, the findings shall be made by the Zoning Hearing Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the Hearing Officer as final.

Parties to the hearing. The parties to the hearing shall be the applicant, the Township, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person including civic or community organizations permitted to appear by the Board. The Zoning Hearing Board shall have power to require that all persons who wish to be considered as parties to enter appearances in writing on forms provided by the Board for that purpose.

Powers of the Chairman. The Chairman or Acting Chairman of the Zoning Hearing Board or the presiding Hearing Officer shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and submission of documents requested by the parties.

Representation by counsel. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Rules of evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

Stenographic records. The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings. The applicant and the Board shall share the appearance fee for a stenographer equally. The Board shall pay the cost of the original transcript if the transcript is ordered by the Board or Hearing Officer, or shall be paid by the person appealing from the decision of the Board if such appeal is made. In either event the person requesting such copy or copies shall pay the cost of additional copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

Communication with other parties. The Zoning Hearing Board or Hearing Officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from its solicitor, unless the parties are afforded an opportunity to contest the materials so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party of his representative unless all parties are given an opportunity to be present.

Decision within 45 days. The Zoning Hearing Board or Hearing Officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or Hearing Officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provision of this chapter or of any act, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a Hearing Officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the Hearing Officer. Where the Board fails to render the decision within the period required by this subsection or fails to commence or complete the required hearing as provided in § 320-179B, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or to render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner provided in § 320-179A. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

Final decision. A copy of the final decision, or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Zoning Hearing Board no later than the last day of the hearing, the Board shall provide by mail or otherwise brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

Time limits for appeals to enforcement notices or notices of violation or denials. Appeals from the denial of an application by the Zoning Officer or from the issuance of a notice of violation and/or cease-and-desist order shall be made within 30 days of the denial of said permit or issuance of said violation and/or cease-and-desist order.

No appeal after 30 days. No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after any application for development, preliminary or final, has been approved by the Board of Supervisors or later than 30 days after a permit has been issued by the Zoning Officer if such proceeding is designed to secure reversal or limit the approval or the permit in any manner unless such person alleges and proves that he had not notice, knowledge or reason to believe that such approval has been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

Filing fee. No appeal shall be considered filed with the Board unless any applicable filing fee has been paid.

The Zoning Officer position. The provisions of this chapter shall be administered and enforced by a Zoning Officer, to be appointed by the Board of Supervisors and serve for a term of one year, who shall not hold any elected office in the Township. The Zoning Officer shall meet the qualifications as may be established by the Township, and shall demonstrate, to the satisfaction of the Township, a working knowledge of municipal zoning.

Deputy Zoning Officer. The Zoning Officer may be provided with assistance of such persons as the Board of Supervisors may direct. If designated by the Board of Supervisors, the Deputy Zoning Officer shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.

Duties of the Zoning Officer. The duties of the Zoning Officer shall include, but not be limited to, the following:

Applications. Applications for special exceptions and conditional uses shall be submitted on forms provided by the Township.

Plans. A plan to scale for the proposed development shall be submitted. The plan shall show all pertinent information necessary to determine if the proposal complies with the provisions of this chapter. The following information shall be provided for both applications for special exceptions and conditional uses:

Referral to the Planning Commission. The application for special exception or conditional use shall be referred to the Planning Commission for review, which may authorize a member to appear before the Zoning Hearing Board or Board or Supervisors to present a recommendation.

Review criteria. The applicant shall have the burden of proof to demonstrate compliance with the following:

Conditions. The Zoning Hearing Board (when approving special exceptions), and the Board of Supervisors (when approving conditional uses) may attach such reasonable conditions and safeguards, in addition to those expressed in Articles XII and XIII, as it may deem necessary to implement the purposes of this chapter. Such conditions shall be enforceable by the Township and shall be considered to be as regulations imposed by this chapter.

Use of experts. In hearing and deciding upon applications for either special exception or conditional use, the Zoning Hearing Board or the Board of Supervisors may call upon any experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.

Fees. Fees for hearing and deciding upon applications may be assessed in accordance with a fee schedule adopted by the Board of Supervisors.

Hearings. The Zoning Hearing Board shall hold a hearing on all applications for special exceptions according to the provisions of the Pennsylvania Municipalities Planning Code,[1] following the procedures in § 320-179. The Board or Supervisors shall hold a hearing on all applications for conditional uses according to the provisions of the Pennsylvania Municipalities Planning Code, following the procedures in § 320-179, notwithstanding references to the Zoning Hearing Board.

Appeal requirements. An application for a variance shall state: