Substantive challenges to the validity of any land use ordinance, except those brought before the Zoning Hearing Board pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, as amended.[1]

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 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 thereof, or the issuance of any cease-and-desist order.

Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazards ordinance or such provisions within a land use ordinance.

Appeals from the Zoning Officer's determination under § 350-152 of Article XIX of this chapter.

Appeals from the determination of the Zoning Officer or Township 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 development not involving subdivision and land development.

Applications for variances from the terms of this chapter and flood hazard ordinances or such provisions within a land use ordinance, pursuant to Subsection C of this section.

Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, the Board and to any person who has made timely request for the same. Written notice shall be given at such time and in such manner as shall be prescribed by rules of the Board. In addition to the written notice provided for herein, notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. 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. In the event the applicant is unwilling to agree to the scheduling of a public hearing within 120 days of the filing of the application, the application shall be considered withdrawn. Thereafter, the new application must be filed and fees paid before any further proceedings are held.

The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive 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 by the Board for that purpose.

The Chairman or Acting Chairman of the Board or the hearing officer presiding 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 cross-examine all adverse witnesses and documents requested by the parties.

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

The Board or the hearing officer, as the case may be, shall keep stenographic records and a transcript of the proceedings.

The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communications, reports, 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 or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the hearing or, if said hearing is continued, within 45 days after said continued hearing. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, as amended, or of this chapter, shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the light of the fact found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and 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 period required by this Subsection B(9), 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 hereinabove 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 Subsection B(1) of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the rights of any party opposing the application to appeal the decision to a court of competent jurisdiction.

Obtains all permits as may be required for the construction and/or use permitted by the special exception or variance (including, without limitation, a building permit and a permit required under Article XIX of this chapter); and

Commences and diligently pursues substantial construction and/or use permitted by and in accordance with the special exception or variance.

In the case the special exception or variance is granted by affirmative decision of the Board with or without conditions attached, the "special exception/variance authorization date," subject to Subsection B(3)(b), below, shall be the date of the written decision of the Board.

In the case the special exception or variance is allowed by deemed decision of the Board because of its failure to hold a hearing or render a decision as provided by the Pennsylvania Municipalities Code and this article, the "special exception/variance authorization date," subject to Subsection B(3)(b), below, shall be the date on which the decision of the Board is deemed to have been rendered in favor of the applicant.

In the cases of the following appeals to court, the "special exception/variance authorization date" shall be the date of the final court order which finally determines and concludes the appeal litigation without remand to the Board for further hearings and decision, unless such court order, or prior court order affirmed thereby, provides otherwise: