A. Appeals from determinations of the Zoning Officer and proceedings to challenge this chapter may be filed with the Zoning Hearing Board by any officer or agency of the Township or by any person aggrieved. Requests for a variance and special exception may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner. An appeal to the Zoning Hearing Board shall be taken within a reasonable time as provided by the Zoning Hearing Board's rules of procedure by filing a notice both with the Zoning Hearing Board and the Zoning Officer, and the Zoning Officer shall forthwith transmit to the Zoning Hearing Board all the papers constituting the record upon which the action appealed from was taken. The raising of issues and the filing of certain proceedings before the Zoning Hearing Board also shall be subject to the time limitations contained in § 914.1 of the MPC.
B. An appeal or request for a special exception or variance from the terms of this chapter shall be filed with the Zoning Officer and shall state:

(1) The name and address of the applicant.
(2) The name and address of the owner of the real estate to be affected by the proposed special 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.
(5) A statement of the section of this chapter under which the variance or special exception requested may be allowed and the reasons why it should be granted.
(6) A reasonably accurate description of the present improvements and the additions intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, at the discretion of the Zoning Hearing Board, there shall be attached a plot plan of the real estate to be affected, prepared by a registered engineer or land surveyor, indicating the location and size of the lot and size of the improvements now erected and proposed to be erected thereon.

C. Planning Commission review. Appeals to the Zoning Hearing Board that will involve the subdivision of land or land development pursuant to Chapter 181, Subdivision and Land Development, shall be forwarded to the Planning Commission prior to a public hearing for review. The Planning Commission shall review the application and related documents as a sketch plan and provide comments to the Zoning Hearing Board. Failure by the Planning Commission to review an application or provide comments shall not invalidate action taken by the Zoning Hearing Board.

2. Expiration of special exceptions and variances.
Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to obtain a building or occupancy permit within 12 months from the date of the decision of the Zoning Hearing Board.
3. Zoning appeals to court.
Zoning appeals from decisions of the Zoning Hearing Board and appeals upon reports of the Zoning Hearing Board in proceedings to challenge the validity of the Zoning Chapter and Map may be taken by any party before the Zoning Hearing Board or any officer or agency of the Township to the Court of Common Pleas of Chester County in accordance with the provisions of Article IX of the MPC. All such zoning appeals shall be filed not later than 30 days after issuance of the notice of decision or report of the Zoning Hearing Board.
4. Standards for review of proposed special exception or variance.

A. In any instance where the Zoning Hearing Board is required to consider a request for a special exception or variance in accordance with the provisions of this chapter, the Zoning Hearing Board shall, to the full extent permitted by law, consider the factors where appropriate:

(1) In the Trout Creek Stormwater Overlay District (TCS), and as part of a conditional use application, the applicant shall identify the specific public stormwater improvements being proposed. Plans and/or documentation shall be submitted in sufficient detail to:

(a) Present the proposed general layout for the tract, including the project-specific and public stormwater improvements, buildings, streets, landscaping or screening, vehicular and pedestrian circulation, and parking and explain the proposed land use(s), with a table listing the amount of total nonresidential square footage and/or the total number of dwelling units, and a separate table listing the incentives utilized from this article and the respective improvements required for the incentives;
(b) Demonstrate how the public stormwater improvements are consistent with the recommendations contained in the 2010 Trout Creek Watershed Study and Stormwater Best Management Practice Analysis, as amended, referenced in § 208-160: Purpose;
(c) Demonstrate how the public stormwater improvements are consistent with the purpose and meet the standards of this article, and Chapter 174: Stormwater Management;
(d) Demonstrate the applicant's ability to achieve the proposed public stormwater improvements;
(e) Present a long-term operations and maintenance plan that includes ownership, maintenance and funding responsibilities of all applicable parties for the public stormwater improvements and that is consistent with the requirements of Chapter 174: Stormwater Management;
(f) Confirm that all necessary repairs and maintenance to the public stormwater improvements are conducted within a ninety-day time frame measured from the date of written notice from the Township, or as deemed appropriate by the Township Engineer;
(g) Commit to conduct annual inspection and maintenance of the public stormwater improvements and submit an annual certification by a professional engineer whose area of expertise is stormwater management, water resources, or hydraulics and hydrology, that they continue to perform as per the approved plans to the Township;
(h) Demonstrate, where applicable, how continuous flow measurement data (rainfall, stream depth and flow) will be collected for a period sufficient to demonstrate compliance with the stormwater management provisions of this chapter; and
(i) Provide other information and supporting documentation necessary to reasonably inform the Board of Supervisors and public as to how the improvements serve the best interests of the Township and provide any other information requested by the Board of Supervisors.

B. In the case of a request for a special exception or variance, it shall be the responsibility of the applicant to present such evidence as is necessary to demonstrate that the proposed use or modification complies with the pertinent criteria or standards set forth in this section.
See Article XXVII: Zoning Hearing Board for more detailed information.
See Zoning Hearing Board for more information.
See Planning Commission for more information.