1. Requirements and Procedures. The Board shall conduct hearings and make decisions in accordance with the following procedures and requirements:
A. A hearing shall be held by the Zoning Hearing Board within 45 days of the time an application is received, or a decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing, to an extension of time.
B. Whenever a hearing has been scheduled, notice shall be given to the general public by means of publication once each week for 2 successive weeks in a newspaper of general circulation in the borough. Such public notice shall state the time and place of the hearing and the particular nature of the matter to be considered. The first publication shall not be more than 30 days and the second publication shall not be less than 7 days from the date of the hearing. Direct individual notice shall also be given to the applicant, the Borough Planning Commission, the Zoning Officer, the County Planning Commission, and such other persons who have made timely request for such notice. Also, notice of such hearings shall be conspicuously posted on the affected tract or parcel of land. [Ord. 2012-03]
C. The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the Board but the parties may waive decision or findings by the Board and accept the decision or findings by the hearing officer as final.
D. The parties to the hearing shall be any person who is entitled to notice under paragraph .A without special request therefore who has made timely appearance of record before the Board and any other person permitted to appear by the Board.
E. 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.
F. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and cross-examine adverse witnesses on all relevant issues.
G. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
H. The Board or hearing officer, as the case may be, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
I. 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 representative unless all parties are given an opportunity to be present.
J. Upon receipt and review of application filed with the Zoning Hearing Board, the Zoning Hearing Board shall make a determination of anticipated expenses of the Zoning Hearing Board to provide for the hearing. The Zoning Hearing Board shall estimate its anticipated need for legal counsel, engineering service, stenographic services, secretarial support, rental of facilities needed for the hearing, etc. The Zoning Hearing Board shall give notice to the applicant that the applicant shall be responsible for all above-referenced costs associated with the Board’s holding of the hearing, and shall require the applicant to deposit within 10 days a sum of money (which shall range from $75 to $500) which shall be credited against such anticipated costs, or suffer dismissal of the application. In the event during the course of the hearing the Board’s costs exceed the amount deposited by the applicant, the Board shall require the applicant to deposit immediately additional sums. In the event hearing costs are less than the amount deposited by the applicant, the Board shall promptly return the difference to the applicant after a decision has been rendered. The failure of the applicant to pay such sums of money to defray the Board’s costs shall be grounds for dismissal of the applicant’s application. [Ord. 86-1]
2. Notice of Decision.
A. 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 45 days. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore.
B. Conclusions based on any provisions of this Chapter 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 the light of the facts found. If the hearing is conducted by a hearing officer, and if there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings. Where the Board has power to render a decision and the Board or the hearing officer, as the case may be, fails to render the same within 45 days from the date of the applicant’s request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant.
C. A copy of the final decision or, where no decision is called for, the findings, shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the place at which the full decision or findings may be examined.
(Ord. 77-5, 2/28/1977, §1601; as amended by Ord. 86-1, 3/4/1986, §2; and by Ord. 2012- 03, 12/4/2012)