The public hearing shall commence within 60 days of the filing
of an administratively complete application. Public notice, as defined
herein, of the public hearing shall be advertised and posted as required
by the MPC, and, in addition thereto, the Zoning Hearing Board shall
post at least one copy of the notice on the affected property. Public
hearings shall be conducted and held in accordance with the applicable
provisions of the MPC. The Zoning Hearing Board shall comply with
all requirements of Article IX of the MPC regarding conduct of hearings.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A. Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Supervisors pursuant to Sections
609.1 and 916.1(a)(2) of the MPC.
B. 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.
C. Appeals from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
D. Applications for variances from the terms of this chapter, a flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to Section 910.2 of the MPC.
E. Applications for special exceptions under this chapter or a floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to Section 912.1 of the MPC.
F. Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
G. Appeals from the Zoning Officer's determination under Section 916.2
of the MPC.
H. 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
applications under Article V or VII of the MPC.
An application for relief from the Zoning Hearing Board shall
be filed with the Zoning Officer on a form prescribed by the Township.
The Zoning Officer shall forward the application to the Zoning Hearing
Board, which shall determine a time and place of the hearing. The
application shall not be considered to be administratively complete
until all items required by this chapter and the application form,
including the application fee and/or deposit, have been received by
the Township.
Appeals under §
27-2106 may be filed with the Zoning Hearing Board in writing by the landowner affected, by any officer or agency of the Township or any person aggrieved. Request for a variance under §
27-2108 may be filed with the Zoning Hearing Board only by a landowner or any tenant with the permission of such landowner.
Upon filing of any proceeding referred to in §
27-2106 and during its pendency before the Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing Board.