(a) The Board of Appeals shall schedule meetings and provide public notice of hearings and meetings in accordance with the Sunshine Act, 65 Pa. C.S. § 7P1-716.
(b) The Board of Appeals shall conduct hearings and make decisions in accordance with the following requirements:
(1) Hearings shall be conducted in the municipality where the property which is the subject of the appeal is located.
(2) Public notice and written notice of hearings shall be given to the applicant, the building official in the municipality where the property which is the subject of the appeal is located, other persons whose interests are affected by the application and to any person who has made timely request for the same. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Secretary of the Board of Appeals shall arrange for the giving of notice as provided herein.
(3) The governing body of each municipality shall by resolution prescribe a reasonable fee with respect to hearings before the Board of Appeals held in that municipality. Fees for said hearings may include notice and advertising costs, the cost of a court stenographer and necessary administrative overhead connected with the hearing. The fee shall be paid by the applicant to the municipality where the appeal is filed at the time the application is filed.
(4) The hearing shall be held within sixty days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
(5) The parties to the hearing shall be the applicant, the governing body of the municipality where the property which is the subject of the appeal is located, any person affected by the application who has made timely appearance of record before the Board of Appeals, and any other person permitted to appear by the Board of Appeals. The Board of Appeals shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Appeals for that purpose.
(6) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(7) Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(8) The Board of Appeals shall keep a stenographic record of the proceedings. The applicant and the Board of Appeals shall share the appearance fee for a stenographer equally. The cost of the original transcript shall be paid by the Board of Appeals if the transcript is ordered by the Board of Appeals or shall be paid by the person appealing from the decision of the Board of Appeals if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
(9) The Board of Appeals 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 written communication, reports, staff memoranda, or other written materials not presented at a hearing before the Board of Appeals, and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
(10) The solicitor of the municipality where the property which is the subject of the appeal is located shall act as counsel to the Board of Appeals for that appeal.
(11) The Board of Appeals shall render a written decision or, when no decision is called for, make written findings on the appeal within forty-five days after the last hearing before the Board of Appeals. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore.
(12) A copy of the final decision or, where no decision is called for, a copy of the findings, shall be delivered to the applicant personally or mailed to him and to all other persons who have filed their name and address with the Board of Appeals, not later than the day following its date.
(Ord. 2008-01. Passed 4-21-08.)