Appointment. The membership of the Zoning Hearing Board, hereafter referred to as the "Board," shall be in accordance with Article IX of the Pennsylvania Municipalities Planning Code (53 P.S. § 10901 et seq.), as amended. The membership of the Board shall, upon the determination of the Board of Supervisors, consist of either three or five residents of the Township appointed by resolution by the Board of Supervisors. In the case of a three-member Board, each term of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five-member Board shall be five years and shall be so fixed that the term of office of one member shall expire each year. If a three-member Board is changed to a five-member Board, the members of the existing Board shall continue in office until their term of office would expire under prior law, while the Board of Supervisors shall appoint two additional members to the Board with terms scheduled to expire in accordance with the provisions for a five-member Board.

Vacancies. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the duration of the unexpired portion of the term.

Limitation of responsibilities. Members of the Zoning Hearing Board shall hold no other office in the Township.

Removal of members. 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 by the Board of Supervisors. Such vote shall not take place until which time the member has received a fifteen-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 within 15 days of receiving such notice.

Conduct of the Board. The Zoning Hearing 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 three members of the Zoning Hearing Board.

Establishment of procedures. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township of West Vincent and the laws of the commonwealth. The Zoning Hearing Board shall submit a report of its activities to the Board of Supervisors annually.

Appeals from the Zoning Officer. The Board shall hear and decide appeals where it is alleged that the Township Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map of the Township or any valid rule or regulation governing the duties of the Zoning Officer.

Special exception. The Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards or criteria set forth below. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary, as prescribed in § 390-228, to implement the purposes of the Municipalities Planning Code and this chapter. Approval of special exceptions shall be required prior to the issuance of building permits for any new use, new construction, the addition, enlargement or change in use or the increase in the level of activity or area of a previously approved special exception under the provisions of this chapter.

Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter create unnecessary hardship on an applicant when applied to a tract of land. In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards it may deem necessary as prescribed in § 390-227 to implement the purposes of the Municipalities Planning Code and this chapter.

Validity of this chapter. The Board shall hear and make findings on challenges to the validity of any provision of this chapter with respect to substantive questions as authorized by Section 910 of the Municipalities Planning Code.[1] Any challenge to the procedural validity of any provision of this chapter shall be filed with the Chester County Court of Common Pleas, pursuant to the Municipalities Planning Code.

Application. All applications to the Zoning Hearing Board shall be on forms supplied by the Township and shall be accompanied by a plot plan, showing the size and location of the proposed use; all existing and proposed buildings and accessory structures/buildings, topographic features, and natural features, including watercourses, wetlands and woodlands. In addition, the application shall be accompanied by such information in graphic and/or narrative form to demonstrate compliance with all applicable standards to be met and the reasons for Zoning Hearing Board action.

Notice. Upon filing a request for a hearing, the Board shall fix a reasonable time and place for public hearings and shall give notice thereof as follows:

Timing. A hearing shall be held within 60 days from the official application date requesting a hearing. The official application date shall be the date the application is received by the Board.

Parties to the hearing. The parties to the hearing shall be the Township, the property owner, 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.

Powers of the Chairman. The Chairman or Acting Chairman of the Board, or the hearing officer presiding, 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 witnesses and documents requested by the parties.

Rights of 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 adverse witnesses on all relevant issues.

Exclusion of evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded. It shall be the duty of the Board to issue an order in any case wherein a special exception or a variance is granted.

Record of the proceedings. The Board shall keep a stenographic record of the proceedings and a transcript of the proceedings. Copies of graphic or written material received in evidence shall be made available to any party at cost.

Communications. The Board shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice of any communication, unless the parties are afforded an opportunity to contest the material, and shall not inspect the site or its surroundings with any party or his representative unless all parties are given an opportunity to be present.

The Board 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. Each decision shall be accompanied by findings and conclusions, together with the reasons for such conclusions. 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. Where the Board fails to render the decision within the period required by this section, 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 herein above provided, the Township Secretary shall give public notice of said decision within 10 days in the same manner as provided in § 390-225B above.

A copy of the final decision or the findings, where no decision is called for, shall be delivered to the applicant personally or mailed to him by certified mail no later than the day following its date. To all other persons who have filed their name and address with the Board no 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.

Public notice of the decision may be given pursuant to § 390-219B(6) above. Additionally, if a decision has been granted in favor of the applicant, such decision and any conditions may be recorded with the property deed at the County Recorder of Deeds office. A copy of the recorded deed shall also be filed with the Township.

When a decision has been rendered in favor of the applicant, it does not relieve the applicant from having to comply with the other requirements of this chapter.

Unique or irregular conditions. Unique physical circumstances or conditions exist, including irregularity, narrowness or shallowness of the lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property. An unnecessary hardship must be created by such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the district in which the property is located.

Strict conformity. Because of the physical circumstances or conditions described in § 390-227A, there is no possibility that the property can be developed in strict conformity with the applicable provisions of this chapter, and the authorization of a variance is therefore necessary to enable the reasonable use of the property.

Liability of the applicant. Such unnecessary hardship described in § 390-227A has not been created by the applicant subsequent to the adoption of this chapter or prior ordinances, and strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land, structure or building.

Effect of variance on district. The variance, if authorized, will not alter the essential character of the applicable zoning district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, including adjacent historic resources, nor be detrimental to the public welfare.

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

Conditions. The variance, if authorized, shall be subject to such conditions as will assure that the adjustment of provisions of this chapter shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.

Financial gain. In no case shall a variance be granted solely for reasons of additional financial gain on the part of the applicant.

Relationship to the Comprehensive Plan. The size, scope, extent and character of the proposed special exception is consistent with community goals and objectives of the West Vincent Township Comprehensive Plan.

Relationship to this chapter. The proposed special exception promotes the harmonious and orderly development of the Township and is within the spirit, purpose and intent of this chapter, and will not adversely affect the public health, safety and welfare of the Township residents.

Suitability of the tract. Consideration of the suitability of the tract, including environmental conditions, highway access and availability of sewer and water facilities.

Impact on existing neighborhood character. The proposed use is consistent with the character and type of development in the area surrounding the location for which the use is proposed and will not substantially impair, alter or detract from the use of surrounding property or the character of the neighborhood in light of existing uses and zoning classification of the area; the effect on the other properties in the area, including historic resources; the number, extent and scope of nonconforming uses in the area; and the presence or the absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which the applicant seeks approval.

Impact on circulation. The proposed use is suitable, with respect to traffic patterns and volumes, access, and off-street parking, in order to protect the surrounding neighborhood and road system from undue congestion and hazards; and that major street or highway frontage will be developed so as to limit the total number of access points and encourage the frontage of buildings on marginal access roads or on interior service roads.

Community facilities. The proposed use is reasonable, in terms of the logical, efficient and economic extension of public services and facilities such as public water, sewers, police and fire protection and public schools, or assures adequate provisions for on-site water supply and sewage disposal.

Performance standards. Properties adjacent to the proposed special exception are adequately safeguarded with respect to harmonious design of buildings, aesthetics, planting screens, landscaping, hours of operation, lighting, numbers of persons involved, density, accessory activities, noise, sanitation, safety, smoke and air pollution control, noxious, offensive or hazardous elements.

Economic impact. The character and type of use proposed will not have a significantly adverse impact on the fiscal condition of the Township and will not detract from the property values of the neighborhood.