Public notice shall be given and written notice shall be given to the applicant, the Zoning Administrator, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the ZHB. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.

The hearings shall be conducted by the ZHB. The decision or, where no decision is called for, the findings shall be made by the ZHB.

The parties to the hearing shall be the municipality, any person affected by the application who has made timely appearance of record before the ZHB, and any other person, including civic or community organizations, permitted to appear by the ZHB.

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.

The ZHB shall record the proceedings with a stenographer.

The cost of the original transcript shall be paid by the requester.

The ZHB or the 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 their Solicitor.

The ZHB 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 ZHB. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor, when required by law. Conclusions based on any provisions of law or of any ordinance, rule, or regulation are deemed appropriate in light of the facts found.

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 five days following its date.

Substantive challenges to the validity of this chapter, except those brought before the Township Board of Supervisors pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (Act 247, as amended).[1]

Validity challenges to this chapter or zoning map raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.

Appeals from the determination of the Zoning Administrator, including but not limited to the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure, or lot.

Applications for variance from the terms of this chapter.

Applications for special exceptions under this chapter.

Variances.

Special exceptions. Where the Township Board of Supervisors, in this chapter, have stated special exceptions to be granted or denied by the ZHB pursuant to expressed standards and criteria, the ZHB shall hear and decide requests for such special exceptions in accordance with such standards and criteria.

Appeals may be filed with the Zoning Administrator in the form the Township provides. Appeals may be filed by the landowner affected, any officer or agency of the Township, or any person aggrieved.

Requests for a variance and special exceptions may be filed with the Zoning Administrator in the form the Township provides. Variances may be filed by any landowner or any tenant with the permission of such landowner.

If the variance or special exception is granted, then the appellant or applicant shall secure a zoning permit and, if applicable, a building permit within said six months of date of decision.

If the appellant or applicant secured necessary permits but fails to commence proposed work within a one-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, variances, and permits granted to him shall be deemed automatically rescinded by the ZHB.

Upon filing of any proceeding and during its pendency before the ZHB, shall be stayed unless the Zoning Administrator or any other appropriate agency or body certifies to the ZHB facts indicating that such stay would cause imminent peril to life or property, in which case the official action shall not be stayed other than by a restraining order, which may be granted by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Administrator or other appropriate agency or body. When an application for an appeal has been duly approved and proceedings designed to reverse or limit the approval are filed with the ZHB by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the ZHB.

After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.

The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses, and attorney fees incurred by the petitioner.