The Board or appointed Hearing Officer shall conduct public hearings and make decisions in accordance with the following requirements: [Ord. 451]
1. Upon receiving an application for a Special Exception, variance, appeal from alleged error of the Zoning Officer, Challenge to the validity of this Chapter, landowner curative amendment or unified appeal, the Board shall determine a place and reasonable time not to exceed 60 days from the date of receipt of the application for the commencement of a first hearing before the Board or appointed Hearing Officer thereon.
A. After the first hearing, each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record.
B. The applicant shall complete the presentation of this Case-in-Chief within 100 days of the first hearing.
C. Upon the request of the applicant, the Board or appointed Hearing Officer shall assure the applicant receives at least 7 hours of hearings within the 100 days, including the first hearing.
D. An applicant, upon request, may be granted additional hearings to complete his case-in-chief, provided that the persons opposed to the application are granted an equal number of additional hearings.
E. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of their first hearing after completion of the applicant’s Case-in-Chief.
F. Persons opposed to the application may, upon written consent, or consent on the record, by the applicant and municipality be granted additional hearings to complete their opposition to the application, provided that the applicant is granted an equal number of additional hearings for rebuttal.
[Ord. 451]
2. Notice. Notice shall be given as follows: [Ord. 451]
A. Publish a public notice. Notice of the hearing shall also be conspicuously posted on the affected tract of land at least 1 week prior to the hearing. [Ord. 518]
B. Written notice shall be given to the applicant, the Zoning Officer and adjoining property owners including those across the street and any other person or group including civic or community organizations which has requested notice of hearing of the specific case pending before the Board. Notwithstanding the above, no person shall become a party to any zoning proceeding unless they have entered an appearance in writing at the time of the hearing or unless they are automatically a party to the zoning appeal as provided by applicable law. [Ord. 518]
C. In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Board shall transmit to the municipal clerk of this other municipality a copy of the official notice of the public hearing on such matters, not later than 1 day after publication thereof The other municipality shall have the right to appear and to be heard at the public hearing.
3. Hearings.
A. The hearings shall be open to the public and shall be held at the call of the Chairman or appointed Hearing Officer, and at such other times as the Board shall specify in its rules of procedure. The Chairman or appointed Hearing Officer, or in his absence, the Acting Chairman, shall have power to administer oaths and compel the attendance of witnesses. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board but 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 § 27-1407(6). [Ord. 451]
B. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant of this Section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates. [Ord. 489]
C. The Township Council or Zoning Hearing Board may appoint an independ ent attorney to act as a Hearing Officer. [Ord. 451]
4. All appeals and applications made to the Board shall be in writing and on a form prescribed by the Board. [Ord. 451]
5. The Board or 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, staff memoranda, or other materials, except advise from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representatives unless all parties are given an opportunity to be present. [Ord. 451]
6. The Board or Hearing Officer shall keep a stenographic record of the proceedings: a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost. In the event of an appeal from a decision of the Zoning Hearing Board, the party appealing the decision of the Board shall be solely responsible for the cost of the original transcript. [Ord. 451]
7. The Board or 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 after the last hearing before the Board or hearing officer. Each decision shall be accompanied by findings of fact, conclusion and reasons. Conclusions based on any provisions of this Chapter or other regulations shall contain a reference to the provision relied upon 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 there has been no stipulation that his decision or findings are final, the Board shall make their report and recommendations available to the parties within 45 days and the parties shall be entitled to make written recommendations thereon to the Board prior to final decision or entry of findings and the Board’s decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 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, unless the applicant has agreed in writing or on the record to an extension of time. [Ord. 451]
8. A copy of the final decision or, where no decision is called for, the findings of the Board shall be delivered to the applicant personally or mailed to him not later than the date following the entry of the Board’s written decision. The Board shall provide by mail or otherwise brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined to any other person(s) who have filed their name and address with the Board not later than the last day of the hearing and who have specifically requested a notice of the entry of decision, in which event such person shall be notified of the entry of the decision either orally at the time of hearing or thereafter in writing. [Ord. 451]
9. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as provided in § 27-1402(6), the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision. If the Board shall fail to provide such notice, the applicant may do so. [Ord. 451]
(Ord. 45, Z-§ 1402, 5/12/76; as amended by Ord. 269, 10/16/1991, §§ 6,7,8; by Ord. 451, 10/20/2004, § 6; by Ord. 489, 10/15/2008, § 2; and by Ord. 518, 6/15/2011, § 2)