There shall be a Zoning Hearing Board, which shall consist of three members who shall be appointed 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, except that no more than one member of the Board may also be a citizen member of the Planning Commission. 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.
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 where two members are disqualified to act in a particular matter, the remaining member may act for the Board. 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 § 450-81. The Board may make, alter and rescind rules and forms for its procedures, consistent with ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
A. 
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.
B. 
The applicant before the Board shall deposit with the Treasurer of the Township such a sum of money as shall be deemed sufficient by the Board to pay the cost of Zoning Hearing Board expenses for the hearing. These costs may include, but are not limited to, cost of providing notice, cost of record for the Board and the applicant, and the cost of such compensation as the Zoning Hearing Board may receive. Funds deposited in excess of the actual cost of the requested hearing shall be returned to the applicant upon completion of the proceedings, and in the event the costs of the hearing exceed the funds deposited, the applicant shall pay to the Treasurer of the Township funds equal to such excess cost.
The Board shall conduct hearings and make decisions in accordance with the following requirements:
A. 
The Board shall fix a reasonable time and place for public hearings and shall give notice thereof as follows:
(1) 
By publishing a notice thereof once at least 10 days and not more than 20 days before the date fixed for the hearing in a newspaper of general circulation in the Township.
(2) 
By mailing a notice thereof to the parties in interest.
(3) 
By mailing a notice thereof to the Zoning Officer, the Township Secretary, each member of the Board of Supervisors, each member of the Planning Commission, the Secretary of the Chester County Planning Commission, and to every person or organization who shall have registered with the Board for the purpose of receiving such notices.
(4) 
The notice herein required shall state the location of the lot or building and the general nature of the question involved.
(5) 
In addition to the above requirements, notice of said hearing shall be conspicuously posted on the affected tract of land.
B. 
The hearings shall be conducted by the Board, or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
C. 
The parties to the hearing shall be the Township, 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 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.
D. 
The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and documents requested by the parties.
E. 
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.
F. 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
G. 
The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings, 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.
H. 
The Board or the hearing officer shall not communicate directly or indirectly with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
I. 
The Board or the hearing officer, as the case may be, 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 Board or hearing officer. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this chapter or any act, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the 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 Board shall make his report and recommendations available to the parties, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be rendered no later than 30 days after the decision of the hearing officer. Where the Board has power to render a decision and the Board or the hearing officer, as the case may be, fails to render the same within the period required by this subsection, 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 subsection shall prejudice the right of any party opposing the application to urge that such decision is erroneous.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him by certified mail not 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.
A. 
Appeals from the Zoning Officer. The Board shall hear and decide appeals 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 a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.
B. 
Challenge to the validity of the Zoning Ordinance or Map. The Board shall hear challenges to the validity of this chapter or the Zoning Map, except as indicated in Article X-A of the Act, as amended. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 450-81. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
C. 
Special exceptions. Where special exceptions are provided for in this chapter, the Board shall hear and decide requests for such special exceptions in accordance with stated standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purpose of this act and be sent by the Board to the Planning Commission for review and recommendation in accordance with the Comprehensive Plan. In rendering its decision, the Board shall determine that the applicant has demonstrated the following:
(1) 
The property is suitable for the use desired. The proposed request is consistent with the spirit, intent and purpose of this chapter.
(2) 
The proposed special exception will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of property adjacent to the area included in the proposed change or plan is adequately safeguarded.
(3) 
The proposed special exception will serve the best interests of the Township, convenience of the community, and the public welfare.
(4) 
There will be no adverse effect of the proposed special exception upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection, and public schools.
(5) 
The Board may impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements, adequate standards of parking and sanitation.
(6) 
Any unique circumstances for which the special exception is sought were neither created by the owner of the property nor were due to or the result of general conditions in the zoning district in which the property is located.
(7) 
The proposed location of an industrial or commercial use is suitable with respect to probable effects upon highway traffic and assure adequate access arrangements in order to protect major streets and highways from undue congestion and hazard.
(8) 
The adequacy of sanitation and public safety provisions, where applicable, and provide a certificate of adequacy of sewage and water facilities from a governmental health agency in such case required herein or deemed advisable.
(9) 
Financial hardship shall not be construed as the basis for granting special exceptions.
D. 
Variances.
(1) 
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 and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided the following findings are made where relevant in a given case:
(a) 
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 district in which the property is located;
(b) 
That because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefor necessary to enable the reasonable use of the property;
(c) 
That such unnecessary hardship has not been created by the appellant;
(d) 
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; and
(e) 
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.
(2) 
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. The Board shall require that adequate on- or off-site water and sewage disposal facilities are available for the use intended.
E. 
Unified appeals. Where the Board has jurisdiction over a zoning matter pursuant to this section, the 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 Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 450-81. At the conclusion of the hearing, the 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 Board. Appeals under Subsection A and proceedings to challenge any ordinance under Subsection B may be filed with the Board in writing by the landowner affected, officer or agency of the Township, or any person aggrieved. Request for a variance under Subsection D may be filed with the Board by any landowner or any tenant with the permission of such landowner. An appeal shall state:
(1) 
The name and address of the appellant;
(2) 
The name and address of the owner of the real estate to be affected by such proposed exception or variance;
(3) 
A brief description and location of the real estate to be affected by such proposed change;
(4) 
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof; and
(5) 
A statement of the section of this chapter under which the variance or exception requested may be allowed and reasons why it should be granted.
G. 
Time limitations.
(1) 
No person shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, has been approved by the Board of Supervisors, 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 or knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
(2) 
The failure of anyone other than the landowner to appeal from an adverse decision on a tentative or preliminary subdivision plan or from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Article X-A of the Act 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.
[Amended 9-10-2013 by Ord. No. 2013-04]
H. 
Stay of proceedings. Upon filing of any proceeding referred to in Subsection F 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. 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.
I. 
Appeal. 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 Act as amended.
[Amended 9-10-2013 by Ord. No. 2013-04]