A. 
When used hereafter in this article, the word "Board" shall mean the Zoning Hearing Board.
B. 
There shall be a Zoning Hearing Board that shall consist of three members who shall be appointed by resolution by the Board of Supervisors. The membership of the Board shall consist of residents of the Township. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Board of Supervisors of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township. Any member of the Board may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors taken after the member has received 15 days' 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.
C. 
The governing body may appoint, by resolution, at least one but no more than three residents of the municipality to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 185-110, 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. Alternates shall hold no other office in the municipality, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to § 185-111 unless designated as a voting alternate member pursuant to § 185-110 of this chapter.
The 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 a majority of all 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 § 185-112. 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 of the Board 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 section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors upon request.
Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the governing body, for the performance of their duties when designated as alternate members pursuant to § 185-110, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the governing body.
The Board shall conduct hearings and render decisions in accordance with Article IX of the Act.[1]
[1]
Editor's Note: See Art. IX, Zoning Hearing Board and other Administrative Proceedings, 53 P.S. § 10901 through 10918.
The Zoning Hearing Board shall have the exclusive jurisdiction to hear and render decisions in the following matters:
A. 
Substantive challenges to the validity of the Zoning Ordinance, except those brought before the governing body pursuant to § 185-121E of this chapter.
B. 
Challenges to the validity of the Zoning 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 the effective date of the ordinance.
C. 
Applications for special exceptions pursuant to the expressed following requirements:
(1) 
Filing requirements. In addition to the required zoning permit information (see § 185-119), each special exception application shall include the following:
(a) 
Ground floor plans and elevations of proposed structures.
(b) 
Names and address of adjoining property owners, including properties directly across a public right-of-way.
(c) 
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(d) 
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
(2) 
General criteria. Each applicant must demonstrate compliance with the following:
(a) 
The proposed use shall be consistent with the purpose and intent of Chapter 185, Zoning.
(b) 
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties;
(c) 
The proposed use will not substantially change the character of the subject property's neighborhood;
(d) 
Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.);
(e) 
For development within the Floodplain Zone, that the application complies with those requirements listed in § 185-24J of this chapter.
(f) 
The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter; and
(g) 
The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan.
(3) 
Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same Zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article VII.
(4) 
Site plan approval. Any site plan presented in support of the special exception pursuant to Subsection C(1) shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another special exception approval.
(5) 
Unless otherwise specified by the Board or by law, a special exception shall expire if the applicant fails to obtain a zoning permit within one year from the date of authorization thereof by the Board or by the court if such special exception has been granted after an appeal, or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the special exception within two years from the date of authorization by the Board or by the court if such special exception has been granted after an appeal. The Board, for reasonable cause, may extend the approval for an additional period of up to one year.
D. 
Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may, by rule, prescribe the form of application to the Zoning Officer. The Board may grant a variance, provided that the following findings are made where relevant in a given case:
(1) 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or zone in which the property is located;
(2) 
That because of such physical circumstances or conditions, there is not possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable reasonable use of the property;
(3) 
That such unnecessary hardship has not been created by the appellant;
(4) 
That the variance, if authorized, will not alter the essential character of the zone or neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare;
(5) 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue;
(6) 
That variances within the Floodplain Zone shall require compliance with those regulations contained in § 185-24H and I of this chapter;
(7) 
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. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article VII; and
(8) 
Unless otherwise specified by the Board or by law, a variance shall expire if the applicant fails to obtain a zoning permit within one year from the date of authorization thereof by the Board or by the court if such variance has been granted after an appeal, or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the variance approval within two years from the date of authorization thereof by the Board or by the court if such variance has been granted after an appeal. The Board, for reasonable cause, shall and may extend the approval for an additional period of up to one year.
E. 
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 therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
F. 
Appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any provisions contained within the Floodplain Zone.
G. 
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of Chapter 185, Zoning.
H. 
Appeals from the Zoning Officer's determination under Section 916.2 (and any subsequent amendments) of the Act.[1]
[1]
Editor's Note: See 53 P.S. § 10916.2.
I. 
Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision/land development nor a planned residential development as regulated in Articles V and VII of the Act, respectively.
A. 
Appeals under § 185-113E through I and proceedings to challenge this chapter under § 185-113A and B may be filed with the Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved.
B. 
Requests for a variance under § 185-113D and for special exception under § 185-113C may be filed with the Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
(1) 
The name and address of the appellant and applicant.
(2) 
The name and address of the landowner of the real estate to be affected.
(3) 
A brief description and location of the real estate to be affected by such proposed change, together with a plot plan drawn to scale with sufficient clarity to show the nature and character of the request.
(4) 
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
(5) 
A statement of the section of this chapter under which the request may be allowed and reasons why it should, or should not, be granted.
A. 
No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by the Zoning Officer or the agency responsible for granting such approval if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he/she had no notice or knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he/she shall be bound by the knowledge of his predecessor in interest.
B. 
The failure of anyone other than the landowner to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or the Official Zoning Map pursuant to Section 916.2 of the Act,[1] as amended, shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative preliminary approval.
[1]
Editor's Note: See 53 P.S. § 10916.2.
A. 
Upon filing of any proceeding referred to in § 185-114 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him/her if an appeal is taken from a final decision of the court. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.
B. 
If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses, and attorney's fees incurred by the petitioner.
Any person, taxpayer, or the Township aggrieved by any decision of the Board may, within 30 days after such decision of the Board, seek review by the Court of Common Pleas of such decision in the manner provided by the laws of the Commonwealth of Pennsylvania and Article X-A of the Municipalities Planning Code, as amended.