The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board.
(A) Notice of hearings. Notice of all hearings to the Board shall be given as follows.
(1) Ad. Public notice shall be published, as defined by § 107 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10107 et seq. (Note: as of the adoption date of this chapter, PUBLIC NOTICE was defined as follows: “Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication not less than seven days from the date of the hearing.”)
(2) Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The borough staff shall post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.
(3) Persons given notice. The borough shall provide written notice to the applicant of the time and place of the hearing. The borough should also provide notice to the President of Borough Council. In addition, the borough should provide notice to the last known principal owner of record of each property that is immediately adjacent to or immediately across a street from the subject property; however, failure to provide such notice shall not be grounds for an appeal. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered to the last known address.
(B) Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant’s request for a hearing, unless the applicant has agreed in writing to an extension of time.
(C) Decision/findings.
(1) The Board shall comply with the time period established in § 908(1.2) of the Municipalities Planning Code, as amended, 53 P.S. § 10908(1.2), for the scheduling of hearings.
(2) The Board shall render a written decision on each application with 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.
(3) Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(4) References shall be provided to the most pertinent section(s) of this chapter and/or the Municipalities Planning Code, as amended, 53 P.S. §§ 10101 et seq.
(D) Notice of decision. A copy of the final decision shall be personally delivered or mailed to the applicant or his or her representative or their last known address not later than the time limit established by the Municipalities Planning Code, as amended. (Note: as of the adoption date of this chapter, such provisions were within §§ 908(9) and 908(10) of such Act, 53 P.S. §§ 10908(9) and 10908(10), including provisions regarding notice to other parties).
(E) State law. See also § 908 of the Municipalities Planning Code, 53 P.S. § 10908.
(2006 Code, § 27-112) (Ord. 12/18/2003, passed 12-18-2003, § 112)