The Zoning Hearing Board, hereafter known as 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.

An appeal may be filed with the Secretary of the Board in writing by any landowner affected, any officer or agency of the Borough, or any person aggrieved.

The Board shall hear challenges to the validity of any part of this chapter or amendment thereof, unless such challenge is accompanied by a curative amendment or unless it challenges the procedure of adoption of the Zoning Ordinance or any amendment.

In the case of a challenge to the process of adoption, appeal from the action of Borough Council shall be made directly to the Westmoreland County Courts. If the challenge is accompanied by a curative amendment, appeal shall be made to Council.

In challenges of the validity of this chapter, the Board shall take evidence and make a record thereon. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the courts.

A challenge may be filed with the Board in writing by any landowner affected, any officer or agency of the Borough, or any person aggrieved.

The written request of a landowner shall include a short statement informing the Board of the matters that are at issue and the grounds for the challenge as well as a certification by the landowner that he was not aware that the Borough was considering a scheme of rezoning that would detrimentally affect a plan he proposes and that such a scheme would be inconsistent with his proposed plan. The request shall be accompanied by plans describing the proposed use.

A person aggrieved by a development on lands of another but in conformance with this chapter may challenge the Zoning Ordinance by filing a written request with the Board that it hold a hearing on the challenge. The request shall contain a short statement reasonably informing the Board of the matters that are in issue and the grounds for the challenge.

The Board may hear challenges to other Borough ordinances or regulations that apply to the same plan for which a zoning challenge has been brought, but in such a case the Board shall have no power to pass on the nonzoning issues and shall merely take evidence of such issues and include them in the record.

If the Board finds merit in the challenge, the Board's decision shall include recommended amendments to the challenged section of this chapter which will cure the defects found. If the challenge involves the use of a specific site, the Board shall consider the applicant's proposal against its impact on roads, utilities and community facilities, the suitability of the site and the proposal's impact on the physical features of the site and its surroundings and, if housing, the degree to which the proposal helps cure a deficiency in a particular type of housing in the Borough.

The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. An appeal for variance may be filed with the Board by any landowner or any tenant with the landowner's permission.

Variance from the terms of this chapter shall not be granted by the Board unless a written application for a variance is submitted to the Zoning Officer, demonstrating:

The variance, if authorized, shall present the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

If the Board finds in favor of the appellant, it may prescribe appropriate conditions and safeguards deemed necessary to implement the purposes and intent of this chapter.

Under no circumstances shall the Board grant a variance to allow a use not permissible or by implication prohibited under the terms of this chapter in the zoning district containing the property for which the variance is sought.

Before considering a variance the Board may request written recommendations from the Planning Commission supporting or discouraging the proposal.

The Board's decision approving a variance shall be voided if the appellant fails to secure a zoning permit within six months of receiving the variance.

If a developer proposes a use not listed specifically as a permitted or special exception use in any zone district and his request for a zoning permit from the Zoning Officer or for special exception use approval is denied, such developer may appeal to the Zoning Hearing Board for a hearing on his proposal.

The Board shall determine which zone district is most appropriate for the proposed use based on the permitted and special exception uses in the zone district the Board selects, even though the district may not be the one containing the property for which the developer is making the request.

In determining the appropriate zone district, the Board shall establish the proposed use as a special exception use in the zone district selected, subject to approval as for any special exception use.

The members of the Board in office at the time of adoption of this chapter shall continue until the expiration of their terms. The membership of the Board shall consist of three persons, all residents of Vandergrift Borough, who shall be appointed by the Borough Council and may be reappointed upon completion of a term.

Members of the Board shall hold no other office in the Borough, elective or appointed.

Council may appoint by resolution one but not more than three residents of the Borough to serve as alternate members of the Board for three-year terms. None shall hold any other public office in the Borough. Alternate members shall be selected in rotation by the Board Chairman to serve in the place of a regular member who is unable to sit on a particular case. The alternate shall have the full powers and duties of the replaced regular member during the case and may participate in any other proceeding or discussion of the Board but without the right to vote.

Members of the Board shall be appointed for three-year staggered terms, with one appointment each year to refill a completed term.

Appointments to fill vacancies shall be made by Council for the unexpired portion of a term only.

Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Borough Council taken after the Board member has received at least 15 days' notice such vote will be taken.

The Board member thus accused may request, by written communication to the Borough Secretary no later than seven days prior to the meeting of Council at which the vote for removal is to be taken, a hearing before Council, after which Council, at its discretion, may take a vote for removal of the Board member.

The Board shall annually elect officers from among its membership, to include a Chairman, Vice Chairman and Secretary.

The Board shall reorganize at its first meeting in each calendar year. Board members may succeed themselves in their positions.

The Chairman shall call and chair all meetings of the Board. The Vice Chairman shall act in the absence of the Chairman and shall assist the Secretary.

The Secretary shall keep the minutes of the proceedings, recording the vote of each member; shall transcribe and distribute or arrange to have transcribed and distributed all testimony given at hearings under procedures described below; shall draw up the agenda for each meeting; shall be responsible for placing of notices for public hearings; and shall handle all correspondence.

The Board may, within its annual budget provided by Borough Council, hire secretarial assistance and/or legal counsel, and purchase equipment and supplies. The Board shall not retain the same law firm that serves Council.

The Board may make, alter or rescind rules and forms for its procedure consistent with this and other ordinances of the Borough and the laws of the commonwealth.

The Board shall keep full public records of its business and shall submit an annual report of its activities to Borough Council not later than 60 days after the start of the subsequent year.

Public notice of the hearing shall be placed in a newspaper of general local circulation at least twice, the first notice not more than 30 days before the hearing and the second not less than seven days before the hearing. The notice shall state the date, time, place and purpose of the hearing.

A mailed notice shall be sent by first class mail at least 14 days prior to the hearing to the applicant, to the Secretaries of Borough Council and Planning Commission, and to other parties who have filed a timely request to receive notice. In addition, when the hearing involves a particular property or properties, notice shall be sent to the owners and tenants of property abutting and directly across an intervening street in front of, beside and/or behind the affected property or properties. The applicant shall provide the Zoning Officer with the names and addresses of such property owners.

A copy of the notice shall be posted at the Municipal Building and, in a case involving particular properties, in a conspicuous location on the affected property at least seven days prior to the hearing.

The Board or hearing officer shall render a written decision or, when no decision is required, written findings on the application within 45 days after the conclusion of the hearing before the Board or hearing officer. Decisions shall be accompanied by findings of fact and conclusions based on them, together with the reasons therefor. Conclusions based on any provisions of this chapter or any other ordinance or regulation of Vandergrift Borough or the Pennsylvania Municipalities Planning Code shall contain a reference to the provision relied on and the reasons why a conclusion is deemed appropriate in the light of the facts.

When a hearing is conducted by a hearing officer and there is no prior stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties, who shall be entitled to make written representations thereon to the Board prior to the Board's final decision and entry of findings, which shall occur not later than 30 days after the hearing officer's decision.

When the Board or hearing officer fails to render a decision where it or he has the power to do so within 45 days after hearing the application or fails to hold a hearing within 60 days of the applicant's request, the decision shall be deemed to have been rendered in favor of the applicant, and the Board shall place a public notice of the decision thus granted not later than 10 days after the expiration of the forty-five-day period in a newspaper of general local circulation. In addition the decision shall be posted on the affected property and sent by mail to all parties having an interest in the decision. Any extension of the forty-five-day period for any other reasons shall be agreeable to both the Board and the applicant and shall be for a fixed period.

Once the Zoning Officer has acted on a development proposal pursuant to the regulations of this chapter, any party may appeal the decision to the Board not later than 30 days after the Zoning Officer's action, unless the party can prove he had no knowledge of the decision within the thirty-day period. A second party succeeding in interest shall be bound by the first party's knowledge.

While an appeal is pending before the Board, any development affected by the appeal shall be halted unless the Zoning Officer certifies to the Board that suspension would cause imminent peril to life and property. In this case suspension will occur only by a restraining order granted by the Board or Westmoreland County Court. The party forced to stop shall have the right to petition the Court to require the appealing party to post a bond as a condition of continuing the appeal, the amount to be determined by the Court. The Court shall hear the petition, determine whether the appeal is frivolous and, if so, may require the posting of the bond.

Appeals from decisions of the Board or upon reports of the Board in proceedings to challenge the validity of this chapter shall be filed within 30 days of the decision or completion of the report with the Clerk of the Westmoreland County Court of Common Pleas.