The term of office of an alternate member shall be three years.

Alternate members shall hold no other office in the municipality.

Any alternate member may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board nor receive any compensation (if such compensation exists) unless designated as a voting alternate member.

If, by reason of absence or disqualification of a Zoning Hearing Board member, a quorum is not reached, the Chair of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit on the Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Zoning Hearing Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate member was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case. Designation of an alternate member shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to §27-1112.1.B of this Chapter.

Challenges to the validity of a land use ordinance 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 Officer including, but not limited to, the granting or denial of any permit or failure to act on the application therefore, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.

Appeals from a determination by a Municipal Engineer or the Zoning Officer with reference to the administration of any floodplain provision.

Applications for variances pursuant to §27-1107 of this Chapter.

Applications for special exceptions pursuant to §27-1108 of this Chapter.

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 relate to development not involving an application for a subdivision, land development or planned residential development.

All applications for subdivisions and land developments pursuant to the Subdivision and Land Development Ordinance [Chapter 22]. Any provision in the Subdivision and Land Development Ordinance [Chapter 22] requiring that final action concerning subdivision and land development applications be taken by the Planning Commission rather than the governing body shall vest exclusive jurisdiction in the Planning Commission in lieu of the governing body for purposes of the provisions of this subsection.

Applications for conditional uses pursuant to §27-1109 of this Chapter.

Applications for curative amendments pursuant to §27-1112 of this Chapter.

All petitions for amendments to land use ordinances pursuant to Part 11 of this Chapter.

Appeals from the determination of the Zoning Officer or the Municipal Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to an application for a subdivision, land development or planned residential development.

That the granting of the variance shall be in harmony with the general purpose and intent of this Chapter, and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.

That the granting of the variance will not permit the establishment within a district of any use which is not permitted in that district.

There must be proof of unique circumstances. That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of such land or building.

There must be proof of unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must result from the application of this Chapter; it must be suffered directly by the property in question; and evidence of a variance granted under similar circumstances shall not be considered.

That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Zoning Hearing Board is the minimum variance that will accomplish this purpose. The Zoning Hearing Board may impose whatever conditions and safeguards it deems necessary to insure that any proposed development or use will secure substantially the objectives of this Chapter.

In accordance with the Quakertown Area Comprehensive Plan and §27-106 of this Chapter and consistent with the spirit, purposes, and the intent of this Chapter.

In the best interests of the municipality, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity.

Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

In conformance with all applicable requirements of this Chapter and all municipal ordinances.

Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.

In accordance with sound standards of subdivision and land development practice where applicable.

In accordance with the Quakertown Area Comprehensive Plan and §27-106 of this Chapter and consistent with the spirit, purposes and the intent of this Chapter.

In the best interests of the municipality, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity.

Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

In conformance with all applicable requirements of this Chapter and all municipal ordinances.

Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.

In accordance with sound standards of subdivision and land development practice where applicable.

Determine that the proposal provides for adequate access to public roads without creating hazardous conditions. In making this determination, the governing body may impose conditions requiring:

Examine the use and its relationship to existing land uses to insure that the proposed use does not adversely alter the character of stable neighborhoods and to protect adjoining residents from uses which are objectionable. To this end, the governing body may impose conditions requiring:

The natural resources listed in §27-511 shall be mapped and presented to provide evidence that the performance standards in §27-514 can be met. Drawings and calculations shall be provided to illustrate and indicate the percentage of intrusion for each natural resource so that each standard in §27-514 may be evaluated.

Many conditional uses are so classified because of their potential for nuisance. The following additional conditions shall apply to these uses.

The landowner shall make a written request to the governing body that it hold a hearing on the application. The request shall contain a statement reasonably informing the governing body of the matters that are in issue.

The application shall be accompanied by plans and other material describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant’s request. Information required by this Chapter shall accompany the application.

The governing body shall hold a hearing pursuant to public notice upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents in writing to an extension of time. In addition, the governing body shall render a written decision within 45 days after the last hearing.

Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as the governing body shall designate by ordinance 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 ordinance or, in the absence of ordinance provision, by rules of the Zoning Hearing Board. 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 governing body may prescribe reasonable fees by resolution with respect to hearings. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.

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

The parties to the hearing shall be the municipality, 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 Zoning Hearing Board. The Zoning Hearing Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Zoning Hearing Board for that purpose.

The Chairman or Acting Chairman of the Board shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the 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 crossexamine 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 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 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 thereof.

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

The Board shall render a written decision or, where no decision is called for, make written findings on the application within 45 days after the last hearing before the Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore. Conclusions based on the provisions of any Act of the Commonwealth or any ordinance, 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. Where the Board fails to render its decision within 45 days or fails to hold the required hearing within 60 days from the date of the applicant’s request for a hearing, 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 render a decision as herein above provided, the 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 as provided in Paragraph A of this Section. 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, 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 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.

Written notice shall be given to all properties within 500 feet of the property line of the applicant for zoning hearing board or conditional use hearing. Written notice of the properties within 500 feet shall only be required of the initial hearing. Failure by the Township to give such written notice of failure to give written notice as prescribed herein will not void, prejudice or affect any decisions that are made at the aforementioned hearings.

To the Zoning Hearing Board under §27-1106.1 of this Chapter.

To the governing body under §27-1106.2.C of this Chapter, together with a request for a curative amendment.

In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Zoning Hearing Board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment, his application to the governing body shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing herein shall preclude the landowner from first seeking a final approval before submitting his challenge.

If the submission is made by the landowner to the governing body under Subsection 1.B hereof, the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.

If the submission is made to the governing body, the not limited to, shall represent and advise it at the hearing or hearings.

The governing body may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf and to present their witnesses on its behalf.

Based upon the testimony presented at the hearing or hearings, the governing body or the Zoning Hearing Board, as the case may be, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by the governing body is found to have merit, the governing body may accept a landowner’s curative amendment, with or without revision or may adopt an alternative amendment which will cure the challenged defects. If a challenge heard by the Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board or the governing body, as the case may be, shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:

The governing body or the Zoning Hearing Board, as the case may be, shall render its decision within 45 days after the conclusion of the last hearing.

If the governing body or the Zoning Hearing Board, as the case may be, fails to act on the landowners request within the time limits referred to in Subsection 3.F, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

The Zoning Hearing Board or governing body, as the case may be, fails to commence the hearing within the time limits set forth in Subsection 4.

The governing body notifies the landowner that it will not adopt the curative amendment.

The governing body adopts another curative amendment which is unacceptable to the landowner.

The Zoning Hearing Board or governing body, as the case may be, fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and municipality.

Where, after March 29, 1999, a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to §27-1106.2.D of this Chapter, or a validity challenge is sustained by the Zoning Hearing Board pursuant to §27-1106.2.D of this Chapter, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary approval pursuant to the Subdivision and Land Development Ordinance [Chapter 22]. Within the two-year period, no subsequent change or amendment in the zoning, subdivision and land development or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Where the proposal is appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision and land development or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the Court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.