1.   There shall be a Zoning Hearing Board which shall consist of three members who shall be appointed by the Board of Supervisors.

   2.   Membership of the Zoning Hearing Board shall consist of residents of the Township. Their terms of office shall be three (3) years and shall be so fixed that the term of office of no more than one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in 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 a fifteen (15) day advance 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. The Board of Supervisors may appoint by resolution at least one but no more than three (3) residents of the municipality to serve as alternate members of the Board. The terms of office of an alternate member shall be three (3) years. When seated pursuant to the provisions of § 1802, an alternate 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 act and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to § 1803 unless designated as a voting alternate member pursuant to § 1802 of this Chapter.

(Ord. 7/8/1978, Art. 18; as amended by Ord. 10-10-01, 10/10/2001, § 23)

The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 2204. If, by reason of absence or disqualification of a member, a quorum is not reached, the chairman of the Board shall designate as many alternate members of the Board to sit 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. 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. The Board may make, alter, and rescind rules and forms for its procedure, consistent with Ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors upon request.

(Ord. 7/8/1978, Art. 18; as amended by Ord. 10-10-01, 10/10/2001, § 23)

   1.   The Board of Supervisors may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. 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.

   2.   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 Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors. Alternate members of the 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 § 1802. In no case shall the compensation paid to members of the Board or any alternate members exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors.

(Ord. 7/8/1978, Art. 18; as amended by Ord. 10-10-01, 10/10/2001, § 23)

The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the requirements of the Pennsylvania Municipalities Planning Code, Act of July 3, 1968, as amended and reenacted, as well as the following requirements:

   A.   Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Township Board of Supervisors 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 (1) week prior to the hearing.

   B.   All persons who wish to be considered parties to a hearing shall enter their appearance on forms provided by the Zoning Hearing Board.

   C.   Every person who requests a hearing before the Zoning Hearing Board shall submit a fully completed application to the Zoning Officer or the Zoning Hearing Board on the form prescribed by the Zoning Hearing Board. The Zoning Officer shall reject all incomplete applications. The date of an Applicant's request shall be the date when a fully completed Application accompanied by the appropriate fee is submitted to and received by the Zoning Officer.

   D.   All requests for a continuance of a scheduled hearing shall be submitted in writing with the reasons therefor and shall contain a statement that the Applicant agrees to an extension of time period, within which the Zoning Hearing Board is required to hold a hearing or to render a written decision. No more than two (2) continuances shall be permitted unless the party requesting the continuance pays the fee prescribed by the Board of Supervisors pursuant to resolution.

   E.   The Zoning Hearing 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 Zoning Hearing 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 costs.

(Ord. 7/8/1978, Art. 18; as amended by Ord. 10-10-01, 10/10/2001, § 23)

The following time requirements and conditions shall apply to approvals granted by the Zoning Hearing Board:

   A.   Permit Period.

      (1)    The applicant or appellant shall secure all necessary zoning and building permits within two (2) years after the approval date of the variance, special exception, or other action of approval by the Zoning Hearing Board.

      (2)    The Zoning Hearing Board may grant an extension of the two (2) year permit period provided that the applicant or appellant has demonstrated good cause in a written application to the Zoning Hearing Board.

      (3)   Should the applicant or appellant fail to obtain all necessary zoning permits within the time limitations of this Section, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned the appeal or application, and all provisions, variances, special exceptions and Zoning Permits granted shall be deemed automatically rescinded by the Zoning Hearing Board.

   B.   Construction Period.

      (1)    The applicant or appellant shall complete the building, alteration, or use within two (2) years after a Zoning Permit has been issued.

      (2)    The Zoning Hearing Board may grant an extension of the two (2) year construction period provided that the applicant or appellant has demonstrated good cause in a written application to the Zoning Hearing Board.

      (3)    Should the applicant or appellant fail to complete such construction, alteration, or use within the time limitations of this Section, the Zoning Hearing Board may rescind or revoke the granted variance, special exception, or Zoning Permit. The Zoning Officer shall provide the applicant or appellant with a written notice at least ten (10) days prior to such decision of the Zoning Hearing Board. The decision to rescind or revoke such approvals shall be based on one or more of the following findings of the Zoning Hearing Board:

         (a)   That there is no good cause for the failure to complete such construction, alteration, or use within the required time.

         (b)   That conditions have so changed since the approval of the Zoning Permit that revocation of the action is justified.

(Ord. 7/8/1978, Art. 18; as amended by Ord. 10-10-01, 10/10/2001, § 23)