The Zoning Hearing Board shall consist of three members appointed by the Board of Commissioners as provided by law. The word "Board," as contained in this chapter, shall mean the Zoning Hearing Board.

(Ord. 404.  Passed 3-25-68.)

   The Zoning Hearing Board shall have the following powers:

   (a)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector or other administrative official in the enforcement of this Zoning Code.

   (b)   To hear and decide special exceptions to the terms of this Zoning Code upon which the Board is required to pass.

   (c)   To authorize, upon appeal, in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest, where, owing to special conditions a literal enforcement of the provisions of this Zoning Code will result in unnecessary hardship, and so that the spirit of this Zoning Code shall be observed and substantial justice done.

   (d)   In exercising the above mentioned powers, such Board may, in conformity with the provisions of this Zoning Code, reverse, affirm, wholly or partly, or modify the order, requirements, decision or determination as, in its opinion, ought to be made. Notice of such decision shall forthwith be given to all parties in interest.

(Ord. 404.  Passed 3-25-68.)

   The Zoning Hearing Board shall adopt rules in accordance with the provisions of this Zoning Code as to the manner of filing an appeal or an application for a special exception or variance from the terms of this Zoning Code.

(Ord. 404.  Passed 3-25-68.)

   Meetings of the Zoning Hearing Board shall be held at the call of the Chairperson and at such times as the Board may determine. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall become a public record.

(Ord. 404.  Passed 3-25-68.)

   Appeals to the Zoning Hearing Board may be taken by any person aggrieved or by any officer of the Township affected by any decision of the Administrative Officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken, and with the Board, a notice of appeal specifying the grounds thereof.

   The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(Ord. 404.  Passed 3-25-68.)

   Upon the filing with the Zoning Hearing Board of an appeal, or of an application for a special exception in cases where the terms of this Zoning Code require a public hearing, or of an application for a variance from the terms of this Zoning Hearing, the Board shall fix a reasonable time and place for a public hearing and shall, in the manner prescribed by its rules, give public notice thereof, as well as due notice to the parties in interest, who shall be at least those persons whose properties adjoin the property in question, and shall decide the same within a reasonable time. Any party may appear at a public hearing in person or by agent or by attorney.

(Ord. 404.  Passed 3-25-68.)

   Any application to the Zoning Hearing Board and/or to the Board of Commissioners for zoning relief and/or conditional uses shall be accompanied by a nonrefundable application fee, as well as a minimum escrow for costs for public notices, court stenographer's fees, compensation of Board members where allowed and Township staff expenses, as follows:

   (a)   Single-family residential dwelling and accessory building or use: one hundred dollars ($100.00) nonrefundable application fee, plus two hundred dollars ($200.00) minimum escrow for costs.

   (b)   All other applications and appeals involving any other dwelling, building, use or zoning district: five hundred dollars ($500.00) nonrefundable application fee, plus seven hundred dollars ($700.00) minimum escrow for costs.

(Res. 98-23.  Passed 10-19-98.)