A Zoning Hearing Board is hereby created in accordance with the provisions of the Pennsylvania Municipalities Planning Code. The members of the Zoning Hearing Board existing at the effective date of this Ordinance shall continue to serve for their appointed terms.
The Board shall have the functions and powers prescribed by law. In accordance with the provisions of Article IX of the Municipalities Planning Code, the Board:
The Board shall elect officers and shall organize and operate in accordance with the procedures prescribed by the Planning Code and by any rules adopted by the Board consistent with any Township ordinance and State law. 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 Board, but as provided for by the Planning Code, the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive decision of findings by the Board and accept the decision or findings of the hear?ing officer as final. The Board shall adopt Rules of Procedure, keep full public records of its business, and shall submit a report of its activities to the Township Council at least once a year as required by the Planning Code. The Board rules may include, but shall not be limited to, the manner of filing appeals, the manner of filing requests for Special Exceptions and variances from the terms of this Ordinance, and other rules and forms for its procedure.
The Board shall conduct hearings and make decisions in accordance with the requirements of the Municipalities Planning Code and any pertinent pro?visions of this Ordinance or the Rules of the Board. Upon the filing with the Board of an appeal or a request for a Special Exception or variance from the terms of this Ordinance, the Board shall fix a time and place for a public hearing thereon in accordance with the Municipalities Planning Code. The chairman or acting chairman of the Board, or the hearing officer presiding, shall have the power to administer oaths and issue subpoenas to compel the attendance of wit?nesses and the production of relevant documents and papers. 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 the time requirements of the Municipalities Planning Code.
In any case where the Zoning Hearing Board shall hold a public hearing, the Board shall give notice as follows, which notice shall state the time and the place of the hearing and the particular nature of the matter to be considered at the hearing:
Unless otherwise specifically extended by the Zoning Hearing Board, a Special Exception or variance shall expire at the end of one (1) year from date of authorization if the applicant fails to obtain a building permit, or put the property to the use for which said Special Exception or variance has been granted.
Zoning appeals from decisions of the Board and appeals upon report of the Board in proceedings to challenge the validity of the Zoning Ordinance and Map may be taken by any party before the Board, or any officer or agency of the Township to the Court of Common Pleas of Delaware County in accord?ance with the provisions of Article X-A of the Municipalities Planning Code. All such zoning appeals shall be filed as required by law.
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