The word "Board" when used in this article shall mean the Zoning Hearing Board.

The membership of the Board shall, upon the determination of the governing body, consist of either three or five residents of the municipality appointed by the governing body. The terms of office of a three-member Board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five-member Board shall expire each year. If a three-member Board is changed to a five-member Board, the members of the existing three-member Board shall continue in office until their term of office would expire under prior law. The governing body shall appoint two additional members to the Board with terms scheduled to expire in accordance with the provisions of this section. The Board shall promptly notify the governing body of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the municipality.

Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the governing body which appointed the member, taken after the member has received 15 days' advanced notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

If by reason of absence or disqualification of a member a quorum is not reached, the Chairperson of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. An alternate so designated shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this article and as otherwise provided by law.

Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case.

Alternate members may hold no other office in the Township.

The Board shall annually elect officers from its membership.

For the conduct of any hearing and the taking of any action, a quorum shall be no less than two voting members, but the Board may appoint, from its own membership, a hearing officer to conduct any hearing on its behalf, and the parties may waive further action by the Board.

The Board may make, alter and rescind rules and forms for its procedures, consistent with ordinances of the Township and the laws of the commonwealth.

The Board shall keep public records of its business, which records shall be the property of the Township, and shall submit reports of its activities to the Township as requested by the Township Board of Supervisors.

The name and address of the applicant and of the applicant's representative(s) or agent(s), where applicable.

The name and address of the record owner of the property that is the subject of the application or appeal. Where the applicant is not the record owner of the subject property, a signed and notarized statement from the record owner, authorizing the applicant to pursue the specific appeal or application.

A copy of the deed to the subject property.

A brief description and location of the subject property, along with a survey and/or sketch of the property boundaries.

A statement of the present zoning classification of the subject property with the improvements thereon and the present use thereof.

A statement of the section of this chapter under which consideration by the Board is requested, along with a summary of reasons or arguments in support of the request.

A reasonably accurate description of the improvements or changes intended to be made under the application. In addition, there shall be attached a plot plan of the property to be affected, indicating the location and size of the lot, and the size and location of the existing and proposed improvements or changes.

A payment to the Township in accordance with a fee schedule adopted and amended from time to time by the Township Board of Supervisors, in accordance with the requirements of Article IX of the Municipalities Planning Code, as amended.[1]

Immediately upon receipt of an application, the Zoning Officer shall promptly forward the application to the Zoning Hearing Board Solicitor.

The Zoning Hearing Board Solicitor, in consultation with the Chairperson, shall fix a reasonable time and place for a public hearing on the application. Said hearing shall occur no more than 60 days after the application is made to the Township, unless the applicant has agreed, in writing, to an extension of time.

A true and correct copy of the application and all related information shall be forwarded to each member of the Zoning Hearing Board and to the Chairperson of the Township Board of Supervisors, the Township Manager and the Township Solicitor.

Written notice shall be given to:

Zoning Hearing Board hearings shall be held at the call of the Chairperson and at such times as the Board may determine.

Hearings may be conducted by the Board, which may appoint any member as a hearing officer. The decision or findings shall be made by the Board; however, the applicant may, prior to a decision, waive a decision or findings by the Board and accept the decision or findings of the hearing officer as final.

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

The Chairperson or Acting Chairperson or hearing officer may administer oaths and issue subpoenas to compel the attendance of witnesses and production of relevant documents and papers, including witnesses and documents requested by the parties.

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.

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

The Board or the hearing officer shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board 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, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost.

The Board or hearing officer shall not, except upon notice and opportunity for all parties to be present, participate and inspect and contest materials, engage in any of the following activities:

The Zoning Hearing Board or hearing officer shall render a written decision or, when no decision is called for, make written findings on the application within 45 days of the last hearing. When the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based upon findings. Conclusions based on any provision of a Township ordinance shall contain a reference to the provision.

If the hearing is conducted by a hearing officer and there has been no stipulation that his or her decision or findings are final, the Board shall make his or her report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations to the Board prior to final decision or entry of findings. 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 required period or fails to hold the required hearing within 60 days of application, 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 deemed to have been rendered in favor of the applicant because of the failure of the Board to hold a hearing or render a decision as provided, the Board shall give public notice of said deemed decision within 10 days from the last day it could have met to render a decision. 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.

A copy of the final decision or findings shall be delivered to the applicant personally or mailed to him or her not later than the day following its date. To all other persons who have filed their names and addresses with the Board not 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.

Consider the suitability of the property for the use desired. Assure itself that the proposed change is consistent with the spirit, purpose and intent of the Zoning Ordinance and Comprehensive Plan.

Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the adjacent property is adequately safeguarded.

Determine that the proposed change will serve the best interests of the Township, the convenience of the community (where applicable), and the public welfare.

Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection, and public schools.

Consider the suitability of the proposed location of use with respect to probable effects upon highway traffic, and assure adequate access arrangements in order to protect major roads from undue congestion and hazard.

Be guided in its study, review and recommendation by sound standards of subdivision and land development practice, where applicable.

Impose such conditions and safeguards in addition to those required as are necessary to assure that the intent of this chapter and the Comprehensive Plan are complied with, which conditions may include (but are not limited to) harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements, and adequate standards of parking, loading and sanitation.

The Zoning Hearing Board shall be limited to consideration of applications as they relate to ordinance provisions in effect at the time of the application. The Township Board of Supervisors shall retain the exclusive right to enact and amend ordinances.

Variance. The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided that all of the following findings are made:

Special exception. The Zoning Hearing Board shall hear and decide requests for special exceptions. The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with such standards and criteria set forth within § 310-18 of the article and any relevant conditions in this chapter. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this chapter.

Burden of proof. For variances, the burden of proof shall be on the applicant to show by substantial evidence that all of the requirements of Subsection A of this section are met. For special exceptions, the applicant shall be entitled to the special exception upon a showing of substantial evidence that the application complies with the express standards and criteria authorizing the special exception. Anyone with standing to oppose an application shall have the burden of proof to demonstrate by substantial evidence that, if approved, the application would be injurious to the public health, safety, morals or welfare or pose a threat to the community.

Time limitations on appeals.

Effect of filing. When an appeal is filed, further development or official action pursuant to the appealed determination or approval shall be stayed until issuance of a final decision or findings by the Board. If the Zoning Officer or other Township agency presents facts to the Board, indicating that such a stay would cause imminent peril to life or property, development or official action can only be stayed by restraining order granted by the Board or by a court of competent jurisdiction.

Substantive validity challenge. A landowner who desires to challenge, on substantive grounds, the validity of a map or ordinance provision which prohibits or restricts the use or development of land in which he or she has an interest may submit the challenge either to the Zoning Hearing Board or, with a request for curative amendment, to the Township Board of Supervisors.