A. Creation of the Zoning Hearing Board. A Zoning Hearing Board for the Township of Upper Chichester shall be appointed by the Board of Commissioners and shall be authorized to administer all procedures charged to such Boards, in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended. Hereinafter, as used in this article, the term "Board" shall refer to the Zoning Hearing Board, and the term "Planning Code" shall refer to the Pennsylvania Municipalities Planning Code, Act 247, as amended by Act 170.
B. Membership of the Board. The Board shall consist of three or five residents as shall be established by the Township Board of Commissioners. If three, terms shall be for three years, and, if five, terms shall be for five years with one term expiring each year.
C. Removal of members. Any member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority rule of Township Commissioners 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 requests it in writing.
D. Organization of the Board.

(1) 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 the majority of all members of the Board, but where a majority of members are disqualified to act in a particular matter, the remaining members may act for the Board. As provided for in 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 further action by the Board, as provided in Section 908 of the Planning Code.
(2) The Board shall adopt rules and forms for its procedure in accordance with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman or, in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
(3) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicate such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the Office of the Township Secretary and shall be a public record.
(4) The Board shall submit a report of its activities to the Township Commissioners as requested.

E. Expenditures for services. Within the limits of funds appropriated by the Township Commissioners, 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 Township Commissioners, but in no case shall it exceed the rate of compensation authorized to be paid to members of the Board of Commissioners.

Hearings

A. Requirements and procedures. The Board shall conduct hearings and make decisions in accordance with the following requirements.

(1) Upon filing with the Board of an appeal, an application for a special exception, a variance from the terms of this chapter or a challenge, the Board shall fix a time and place for a public hearing thereon, subject to the provisions of the Planning Code, and shall give notice thereof in accordance with § 600-211 of this chapter.
(2) The Commissioners may establish reasonable fees, based on cost, to be paid by the applicant with respect to hearing before the Board. However, such fees shall not include legal expenses of the Board, engineering, architectural or other technical consultant or expert witness costs.
(3) The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
(4) The parties to the hearing shall be the Township and person affected by the application that has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board.
(5) 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 the production of relevant documents and papers, including witnesses and documents requested by the parties.
(6) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and to cross-examine adverse witnesses on all relevant issues. At the hearings, any party may appear in person, or by agent, or by attorney.
(7) 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 materials unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings with any party or his representatives unless all parties are given an opportunity to be present.

Appeals before Zoning Hearing Board and to court

A. All appeals, applications, or challenges, which properly come before the Board in accordance with the requirements of the Planning Code, and all appeals to court shall be subject to the time limitations and requirements of Article X-A and any other applicable provision of said Code. The proceedings set forth in Article X-A of the Planning Code shall constitute the exclusive mode for securing review of any ordinance, decision, determination or order of the Township Commissioners, its agencies or officers. Appeals to court shall be taken to the Court of Common Pleas of Delaware County.
B. Parties appellant before Zoning Hearing Board. Appeals under Section 909.1 of the Planning Code and proceedings to challenge an ordinance under Section 909.1 may be filed with the Board in writing by the landowner affected, any office or agency of the Township or person aggrieved. Requests for a variance under Section 910.2 and for a special exception under Section 912.1 may be filed with the Board by any such landowner or any tenant with the permission of such landowner.
C. Time limitations. No persons shall be allowed to file any proceedings with the Board later than 30 days after any application for development, preliminary or final, has been approved by the 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 interest after such approval he shall be bound by the knowledge of his predecessor in interest.
D. Stay or proceedings. Upon filing of any proceeding referred to in Section 913.3 of the Planning Code and during its tendency 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 there under shall be stayed unless the Zoning Officer or any other appropriate agency or body certified 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 buy the Board or by the court having jurisdiction of zoning appeals on petition after notice of 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 persons other than the applicant, the applicant may petition the court having jurisdiction over zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court, as prescribed in Section 915.1 of the Planning Code.

Permits,forms, and applications are available for download here.
For fee information, see the most recent fee schedule here.