The purpose of this article is to establish regulations to govern the establishment, functions, and procedures of the Zoning Hearing Board, hereinafter called "Board" in this article.

The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters based on Act 247, the Municipalities Planning Code(MPC), as amended:

There shall be a Zoning Hearing Board consisting of three adult residents of the Township who shall be appointed by resolution of the Board of Supervisors.

The term of office shall be three years and shall be fixed so that the term of office of one member shall expire each year.

The Board shall promptly notify the Board of Supervisors of any vacancy. Appointments to fill vacancies shall be only for the unexpired portion of the term.

Members of the Board shall hold no other offices in the Township.

The Board of Supervisors shall appoint by resolution at least one, but no more than three residents of the Township to serve as alternate members of the Board. The term of office of the alternate member shall be three years, and the alternate member shall hold no other office in the Township. When seated pursuant to the provisions of § 350-1702, below, 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 chapter, and as otherwise provided by law. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of said Board nor be compensated pursuant to § 350-1704 below, unless designated as a voting alternate member pursuant to § 350-1702 below.

Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by majority vote of Board of Supervisors, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing will be held in connection with the vote if the member shall request it in writing.

The Board shall elect, from its members, its officers, who shall serve annual terms as such and may succeed themselves.

For the conduct of any public hearing and the taking of any action, a quorum shall not be less than a majority of all the 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 § 350-1705.

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 to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve 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 article shall be made on a case-by-case basis in rotation to declining seniority among all alternates.

The Board may make, alter and rescind rules and forms for its procedure consistent with the provisions of this chapter and the laws of the commonwealth.

The Board shall keep full public record of its business, which records shall be property of the Township, and shall submit a report of its activities to the Board of Supervisors, as requested.

Applications for hearings before the Board shall be filed with the Board, together with the proper fee in accordance with § 350-1704 of this article.

An application for a special exception or variance from the terms of this chapter shall state:

In the event that any required information is not furnished, the application shall be refused and the fee returned to the applicant.

Within the limits of funds appropriated by Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. The Board may employ legal counsel, but the attorney cannot be the Township Solicitor.

Members of the Board, including the alternative member when designated in accordance with § 350-1702, above, may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors. In no case shall the amount of compensation exceed the rate authorized to be paid to the members of the Board of Supervisors.

The applicant before the Board shall deposit with the Township Treasurer the appropriate filing fee as set forth in the fee schedule adopted by resolution of the Board of Supervisors.

The Board of Supervisors may prescribe reasonable fees with respect to hearings, as per § 350-1705 below, before the Board. Fees for said hearings may include compensation for the secretary and members of the Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Board, expenses for engineering, architectural or other technical consultants or expert witness costs.

The Board shall fix a reasonable time and place for public hearings. Public notice of said hearing shall be provided, as set forth in § 350-1706 below.

The first hearing before the Board or Hearing Officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or Hearing Officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or Hearing Officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicants case-in-chief. An applicant may, upon request, be granted additional hearings to complete his/her case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as the 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 Chair, Acting Chair 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, to argument and to cross-examine 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 or the Hearing Officer, as the case may be, 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 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 case, the party requesting the original transcript shall bear the cost thereof.

The Board or the Hearing Officer shall not communicate, directly or indirectly, with any party or his/her representatives 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, 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 with any party or his representative after the commencement of the hearing 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 last hearing before the Board or Hearing Officer. Where the application is contested or denied, each decision shall be accompanied by findings and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter or of any act, 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. If the hearing is conducted by a Hearing Officer and there has been no stipulation that his/her decision or findings are final, the Board shall make his/her 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 decision of the Board shall be entered no later than 30 days after the report of the Hearing Officer. Except for challenges filed under Section 916.1 of Act 247, as amended, where the Board fails to render the decision within the forty-five day period required by this subsection, or fails to commence, conduct or complete the required hearing as provided in Subsection B, above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed or shall agree in writing 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 the Board could have met to render a decision, as provided in Act 247, as amended. 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/her not later than the day following the date of the decision. 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.

The public notice herein required shall state the name of the applicant, tax parcel number, the location of the lot or building, the general nature of the question involved, and the date, time and location of the hearing. In addition thereto, the public notice may note that a copy of the landowner's application, including plans and proposed amendments may be examined by the public at the Township during regular business hours.

Public notice shall be published in a newspaper of general circulation within the Township indicating the information in Subsection A, above. Such public notice shall be published once a week for two successive weeks, not less than seven days, nor more than 30 days prior to the hearing.

Written notice shall be given to the applicant, Board of Supervisors, the Township Zoning Officer, Township Secretary, Township Planning Commission, and to any person who has made a timely request for the same, or who have registered their names and addresses for this purpose with the Board.

Written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

The Board may mail written notice thereof to the owner, if the address is known, or, at the Board's discretion, to the occupant, if the address is known, of every lot on the same street within 500 feet of the lot or building in question and of every lot not on the same street within 200 feet of said lot or building, provided that failure to give this notice, either in part or in full, as stated by this section, shall not invalidate any action taken by the Board.

The Board shall hear and decide requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant. An applicant shall file an application as specified under § 350-1703. The Board may grant a variance, provided the following findings are made, where relevant, in a given case:

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

The size, scope, extent and character of the special exception request is consistent with the Comprehensive Plan, with the purpose and intent of the zoning district involved, and with Chapter 300, Subdivision and Land Development.

The proposed special exception's character and type of development constitutes an appropriate use in the area consistent with the character and type of development in the area surrounding the location for which the request is made, and will not substantially impair, alter, or detract from the use of surrounding property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.

The proposed special exception serves the health, safety, welfare, and the best interest of the Township.

Consider the effect of the proposed change on the logical, efficient, and economical extension of public services, and facilities such as public water, sewer, police and fire protection, transportation, and public schools. Ascertain the adequacy of sanitation and public safety provisions, where applicable, and require a statement of adequacy of sewage and water facilities from the Department of Health or the appropriate governmental health agency in any case required herein or deemed advisable.

Review the recommendations of the Planning Commission on a proposed development plan related to the subject use and improvements, where such plan is required. The Board shall not be bound by such recommendations nor shall the Board be bound by the action of the Board of Supervisors in relation to the proposed development plan.

Guide the development of highway frontage insofar as possible so as to limit the total number of access points, reduce the need for on-street parking, and encourage the frontage of buildings on parallel marginal roads or on roads perpendicular to the highway.

Consider the suitability of the proposed location with respect to probable effects upon traffic, and assure adequate access arrangements in order to protect highways and roads from undue congestion and hazard.

The natural and historic features and processes characterizing the proposed site and its surroundings shall not suffer unmitigated degradation, that the management of stormwater, the provision of water or sewer service, and any other alterations to the site's predevelopment condition, shall be consistent with Township goals, practices and plans in these regards, and that demand for water and energy by the proposed use shall be minimized to the optimal extent.

Require that all commercial or industrial parking, loading, access or service areas shall be adequately illuminated at night while in use, in accordance with Article XII, and that such lighting, including sign lighting, shall be arranged so as to protect the neighboring properties from discomfort or hazardous interference of any kind.

Impose such conditions, in addition to those required, as are necessary to assure that the general purpose and intent of this chapter is complied with: conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, and the minimizing of noxious, offensive, or hazardous elements.

Be guided in its study, review and recommendations by sound standards of subdivision practice where applicable.

No person shall be allowed to file any proceedings with the Board later than 30 days after an application for development, preliminary or final, has been approved by the Board of Supervisors if such proceeding is designed to secure reversal or to limit approval in any manner unless such person alleges and proves that he/she had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his/her interest after such approval, he/she shall be bound by the knowledge of his/her predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant Section 709 of Act 247, as amended, or from an adverse decision by the Township Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Section 916.2 of Act 247, as amended, shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative approval.

All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of determination is issued.

The landowner affected, any person aggrieved by any decision of the Board, or any officer of the Township may file an appeal under § 350-1700B(1), (2), (3), (6), and (7) of this article with the Board in writing specifying the grounds thereof within the time required by Act 247, as amended, or as provided by the rules of the Board.

Requests for a variance, under § 350-1707, or special exception, under § 350-1708, may be filed by any landowner, or any tenant with permission of the landowner. The appropriate fee, as established by the fee schedule adopted by resolution by the Board of Supervisors, shall be paid in advance for each appeal or application for a variance or special exception.