A Zoning Hearing Board, consisting of five members appointed by the Supervisors for overlapping terms of five years each, is established for the purpose of carrying out the functions of a Zoning Hearing Board as provided by law. Members of the Board shall be residents of the Township.

The Board shall elect a Chairman from its membership, and, within the limits of funds appropriated by the Township Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.

Appeals from the Zoning Officer pursuant to § 500-164 hereof may be filed by any officer of agency of the Township or by any person aggrieved. Request for a variance under § 500-166 and for a special exception under § 500-167 hereof may be filed by any landowner or tenant with the permission of such landowner.

All action before the Board shall be initiated by a written application for hearing which shall be filed with the Zoning Officer at least two weeks prior to the meeting at which the particular matter is to be heard. All applications shall be made on forms specified by the Board, and no application form shall be accepted unless the same shall be fully and legibly completed and unless all exhibits and supplemental material required by the application shall be attached.

All appeals from the Zoning Officer and all requests for variances, and special exceptions, as provided in §§ 500-164 and 500-166 hereof, respectively, shall be filed within 30 days following the refusal of the Zoning Officer to grant a building permit.

Notice of the time and place of all hearings shall be given by mail to the applicant and to all persons who shall own real estate within 500 feet of any property which shall be the subject of the application. Notice of the hearing of any particular applications shall also be given; to any person who shall timely request the same in writing, such request to be accompanied by a fee in the sum of $5. Notice of the time and place of all hearings shall be given by publishing the same in a newspaper of general circulation within the Township. All notices required by this section shall be given at least five days prior to the date of the hearing for which notice is given.

Parties to any hearing shall be any person entitled to notice under § 500-154 without special request therefor who has given timely appearance of record before the Board and any other person permitted to appear by the Board.

The Chairman or acting Chairman of the Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including the 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 cross examine adverse witnesses on all relevant issues.

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

The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.

The Board or the hearing officer shall not communicate directly or indirectly with any party or his representative 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 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. "Board" as used herein shall include not only the members but also any secretary, clerk, legal counsel or consultant of the Board.

The Board shall render a written decision or, when no decision is called for, make written findings on an application within 45 days of the hearing thereon. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of any statute, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the Board has power to render a decision and fails to do so within the forty-five day period above prescribed, the decision shall be deemed to have been rendered in favor of the applicant.

A copy of the final decision or, when 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.

Zoning appeals may be taken to the court by any party before the Board or any officer or agency of the Township, as provided by law.

The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter or the Map.

The Board shall hear challenges to the validity of this chapter or the Map, except on alleged defect in the process of enactment or adoption of any ordinance or map. The Board shall take evidence and make a record thereon as herein prescribed. At the conclusion of the hearing, the Board shall decide all contested questions of interpretation and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

Where this chapter has provided for stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of and this chapter.

The Board shall refer all applications for relief to the Township Board of Supervisors and the Planning Commission for review. In its review of special exception applications, the Planning Commission shall determine compliance with the standards and criteria set forth in this chapter. The Board of Supervisors and the Planning Commission may report any findings and recommendations in writing to the Zoning Hearing Board.