Pursuant to Article IX of the Pennsylvania Municipalities Planning Code, the Township Supervisors do hereby create a Zoning Hearing Board and appoint three members who shall be 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 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 not be less than a majority of all the members of the Zoning Hearing Board but where two members are disqualified to act in a particular matter, the remaining member may act for the Zoning Hearing Board. The Zoning hearing Board may make, alter, and rescind rules and forms for its business and shall submit a report of its activities as requested by the Board of Supervisors. The Board of Supervisors may appoint alternate members to the Zoning Hearing Board as per Section 903(b) of the Pennsylvania Municipalities Planning Code[1] in the event of the disqualification of two or more members of the Board for any single case.
[1]
Editor's Note: See 53 P.S. § 10903(b).
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:[1]
A. 
Notice. Notice shall be given to the public, the applicant, the Zoning Officer, and to any person who has made timely request for same. Notice shall be given at such time and in such manner as shall be prescribed by the Zoning Hearing Board and shall consist of public notice in a local newspaper of general circulation in accordance with this chapter, and a posting of the affected property with a conspicuously posted sign indicating the date, time and place of the hearing, as well as a brief description of the purpose for the hearing.
B. 
Conduct of hearing. The hearing shall be conducted by the Zoning Hearing Board. The decision, or where no decision is called for, the findings shall be made by the Zoning Board, but the parties may waive decision or findings by the Zoning Hearing Board and accept the decision or findings of the hearing officer as final.
(1) 
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person including civic or community organizations permitted to appear by the Zoning Hearing Board. The Zoning Hearing 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 Zoning Hearing Board for that purpose.
(2) 
The Chairman or Acting Chairman of the Zoning Hearing Board 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.
(3) 
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.
(4) 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5) 
The Zoning Hearing Board shall keep a record of the proceedings, either stenographically or by sound recording, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
C. 
Decision. The Zoning Hearing 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 before the Zoning Hearing Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusion based thereon together with the reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provisions 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 decision or findings are final, the Zoning Hearing Board shall make his report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the decision of the hearing officer. Where the Zoning Hearing Board has power to render a decision and the Zoning Hearing Board or the hearing officer, as the case may be, fails to render the same within the period required by this clause, the decision shall be deemed to have been rendered in favor of the applicant. Unless the applicant has agreed in writing to an extension of time, nothing in this clause shall prejudice the right of any party opposing the application or urge that such decision is erroneous.
(1) 
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 not later than the day following the date of the final decision or of the findings. To all other persons who have filed their name and address with the Zoning Hearing Board not later than the last day of the hearing, the Zoning Hearing 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.
[1]
Editor's Note: See also 53 P.S. § 10908.
A. 
Appeals from the Zoning Officer. The Zoning Hearing Board shall hear and decide where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter or any valid rule or regulation governing the action of the Zoning Officer. Nothing contained herein shall be construed to deny to the appellant the right to proceed directly in court, where appropriate, pursuant to Pennsylvania R.C.P., Section 1091 to 1098, relating to mandamus.
B. 
Challenge to the validity of this chapter or map. The Zoning Hearing Board shall hear challenges to the validity of this chapter or map, pursuant to the provisions of the Pennsylvania Municipalities Code (Act 247 of 1968), as amended. In all such challenges, the Zoning Hearing Board shall take evidence and make a record thereon as provided in § 360-133B(5) of this chapter. At the conclusion of the hearing, the Board shall decide all contested questions of interpretation and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
C. 
Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may grant a variance provided 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 generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(2) 
That because of such physical circumstances or conditions, the property cannot reasonably be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the 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 neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor 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 regulation in issue. In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the Zoning Ordinance.
D. 
Special exceptions.
(1) 
Where the Township in this Zoning Ordinance has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this chapter.
(2) 
All special exception applications shall be accompanied with a sketch development plan to illustrate generally the proposed project and its relation to the standards and criteria applicable to such exception.
E. 
Unified appeals. Where the Zoning Hearing Board has jurisdiction over a zoning matter pursuant to this section, the Zoning Hearing Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development plan or development. In any such case, the Zoning Hearing Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make a record thereon as provided in § 360-133. At the conclusion of the hearing, the Zoning Hearing Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
F. 
Parties appellant before Zoning Hearing Board. Appeals and proceedings to challenge this chapter under § 360-134 may be filed with the Zoning Hearing Board in writing by any officer or agency of the Township, or any person aggrieved. Requests for a variance under § 360-134C and for special exception under § 360-134D may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
The time limitations for raising certain issues and filing certain proceedings with the Zoning Hearing Board shall be the following:
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 an appropriate Township Officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative or preliminary plan, or from an adverse decision by a zoning officer on a challenge to the validity of this chapter or map shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved, tentative or preliminary approval. All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.
Upon filing of any proceedings referred to in § 360-134F and during its pendency before the Zoning Hearing Board all land development pursuant to any challenged ordinance, 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 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 final 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. 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.