The Board shall conduct hearings and make decisions in accordance with the following requirements.
(a) Upon the filing with the Board of an appeal, an application for a special exception, a variance from the terms of this title 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 § 1254.05.
(b) The Board may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by the Zoning Code.
(c) 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.
(d) The parties to the hearing shall be the township and 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.
(e) The Chairperson or Acting Chairperson of the Board, or the hearing officer presiding, shall have power to administer oaths and issue subpoenas, and to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(f) 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.
(g) The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his or her 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 or her representatives unless all parties are given an opportunity to be present.
(Ord. 896, passed 12-21-2011)