The membership of the Zoning Hearing Board shall consist of
three residents of the Township appointed by the Board of Supervisors.
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 when vacancies occur.
Appointments to fill vacancies shall be only for the unexpired portion
of the term. Members of the Board shall hold no other elected or appointed
office in the Township, nor shall any member be an employee of the
Township. The membership of the Zoning Hearing Board may be increased
to five members in accordance with the provisions of 53 P.S. § 10903(a)
of the Pennsylvania Municipalities Planning Code (Act 247 of 1968,
as amended).
A public hearing shall be held on any appeal filed under §
200-1103 of this chapter within 60 days of filing of a complete application. The public hearing shall be held pursuant to public notice, as defined by this chapter. In addition to the public notice, at least one week prior to the public hearing, the Board shall post at least one copy of the notice on the affected property. At least 14 days prior to the public hearing, the Board shall mail a copy of the notice by certified mail to each property owner within 300 feet of the entire perimeter of the property, including those across a street right-of-way. The cost of mailing the certified notices shall be paid by the applicant. The Board shall comply with all requirements of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended; 53 P.S. 10101 et seq.) regarding conduct of the public hearing and rendering a decision.
Upon filing of any proceeding 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 the zoning appeals to order such persons to post bond as a condition
to continuing the proceedings before the Board. 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.
All appeals from decisions rendered by the Zoning Hearing Board
shall be taken to the Washington County Court of Common Pleas and
shall be filed within 30 days after the entry of the decision or,
in the case of a deemed decision, within 30 days after the date upon
which notice of said deemed decision is given as required by 53 P.S.
§ 10908(9) of the Pennsylvania Municipalities Planning Code
(Act 247 of 1968, as amended).