(1) The Board shall conduct hearings and render decisions as set forth by the Pennsylvania Municipalities Planning Code. All hearings shall be open to the public.

(2) Upon the filing with the Board of an appeal or of an application for any matter within its jurisdiction, the Board shall fix a reasonable time and place for a public hearing thereon.

(3) Notices herein required shall state the location of the building or lot and the general nature of the question involved.

(4) In addition to all notices required by the Pennsylvania Municipalities Planning Code, notices shall be sent by the Township to the owner of every parcel within 500 feet of the parcel that is the subject of the hearing, measured from the point at which the two lots are the closest to one another in linear feet. Notice will be by first-class mail only to the owner address on record with the Montgomery County Board of Assessment Appeals.
 

Burden of proof. The burden of proof shall always be on the applicant before the Board to sustain his appeal before the Board, and in any application for a special exception, the burden shall be upon the applicant to prove that approval of the application will not be detrimental to the health, safety and general welfare of the community.

Parties. The Township is a party to all zoning hearings regardless whether it attends any particular hearing. Party status to all other persons and entities shall be decided by the Board prior to the receipt of any substantive testimony, and shall be based upon whether they are "persons affected" by the application as defined in the Pennsylvania Municipalities Planning Code. Persons who received written notice from the Township of the hearing are presumptively affected. Others shall be decided on a case by case basis in accordance with then-prevailing case law.

Evidence. The Board shall consider in making its official findings or decisions only that evidence properly submitted at hearings, with the exception of legal briefs, provided that all parties are given an equal opportunity to submit legal briefs and any responses thereto, but the allowance of the submission of such legal briefs and responses thereto shall be entirely within the discretion of the Board. Information from federal, state or county agencies when submitted on official stationery shall be admitted as evidence only at public hearings, and the Board, in its sole discretion, shall determine the weight to be given to such evidence. Information from the Upper Providence Township Planning Commission or from any other Township agency, board, commission or committee shall be submitted to the Board only at public hearings as authorized by the Board of Supervisors or the Township Manager, but this shall not prevent any member of an official agency, board, commission or committee of Upper Providence Township from appearing and being heard as a private citizen.

Decisions and copies of decisions and findings.

(1) The 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 Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, other statutes or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
 

(2) Where the Board has power to render a decision and the Board 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 or on record, to an extension of time.

(3) In addition to the requirements of the Pennsylvania Municipalities Planning Code and its amendments, a copy of the decision or findings of the Zoning Hearing Board shall be mailed or delivered promptly to each of the following: the Chairman of the Board of Supervisors, the Chairman of the Upper Providence Township Planning Commission, the Township Manager, the Township Secretary and the Township Zoning Officer.
 

Fees. The fees for applications to the Zoning Hearing Board, for cost of stenographic record of the same, and for subpoenas, shall be in accordance with a schedule adopted by resolution of the Board of Supervisors.

Appeals. Appeals from the decisions of the Zoning Hearing Board shall be in accordance with the rules of procedure of the Zoning Hearing Board and the Pennsylvania Municipalities Planning Code and its amendments.