The Board shall conduct hearings and make decisions
in accordance with the following:
A. Notice of hearings. Notice of all hearings of the
Board shall be given as follows:
(1) Ad. Public notice shall be published, as defined by
Section 107 of the PA Municipalities Planning Code. The notice shall state the time and place of the hearing
and the particular nature of the matter to be considered.
(2) Posting. Notice of such hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. It is the responsibility of the applicant to ensure that
such notice is posted and remains posted until the hearing.
(3) Persons given notice. Written notice shall be given
to the applicant and the Zoning Officer. Notice should be given to
the Planning Commission, Borough Council and owners of record of property
abutting or directly across the street from the lot lines for the
subject property. 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 by a Borough representative to the last address
known to the Borough. Such notice should be intended to be received
at least two weeks prior to the hearing date.
(4) Adjacent municipalities. In any matter which relates
to a property which lies within 500 feet of the boundary of another
municipality, except boundaries separated by a perennial river, and
which the Borough staff determines may have a significant impact on
that municipality, the Borough staff should transmit to the offices
of the adjacent municipality a copy of the official notice of the
public hearing on such matter at least seven days prior to the hearing
date. Representatives of any adjacent municipality shall have the
right to appear and be heard at the public hearing.
(5) Fees. The Borough Council may, by resolution, establish
a reasonable fee schedule, based on cost, to be paid by the applicant
for any notice required by this chapter and those persons requesting
any notice not required by this chapter.
B. Parties in hearings.
(1) The parties to a hearing shall be the Borough, 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.
(2) The Board shall have power to require that all persons
who wish to be considered parties enter appearances in writing on
forms provided by the Board for that purpose.
C. Oaths and subpoenas. The chair of the Board or Hearing
Officer 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 reasonably
needed by and requested by the parties.
D. Representation by counsel. The parties shall have
the right to be represented by legal counsel and shall be afforded
the opportunity to respond and present evidence and argument and cross-examine
adverse witnesses on relevant issues.
E. Evidence and record. Formal rules of evidence shall
not apply, but irrelevant, immaterial or unduly repetitious evidence
may be excluded. The Board or the hearing officer, as applicable,
shall keep a record of the proceedings as required by state law.
F. Communications outside of hearings.
(1) The Board shall not meet with, visit the site with
or directly communicate specifically on the matter with the applicant
or any officially protesting party or their representatives in connection
with any issue involved, except if opportunity is provided for the
applicant and any officially protesting party to participate.
(2) The Board shall not take notice of any communication,
reports, staff memoranda or other materials unless the parties are
afforded an opportunity to examine and contest the material so noticed.
This restriction shall not apply to advice from the Board's solicitor.
G. Advisory reviews. The Zoning Hearing Board may request
that the Planning Commission or Borough Engineer provide an advisory
review on any matter before the Board. Such review may also be volunteered
by the Planning Commission.
H. 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. A request for a hearing by an applicant shall
not be accepted prior to submission of a duly filed application.
I. Decision; findings.
(1) The Board shall render a written decision or make
findings (when no decision is called for) on each application within
45 days after the last hearing on that application before the Board,
unless the applicant has agreed in writing to an extension of time.
(2) 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.
(3) Any conclusion based on any provision of the Pennsylvania
Municipalities Planning Code or of this chapter shall contain a reference
to the provision relied on.
J. Notice of decision. A copy of the final decision or
a copy of the findings (when no decision is called for), shall be
personally delivered or mailed to the applicant or his/her representative
at their last known address not later than the time limit established
by Section 908 of the Pennsylvania Municipalities Planning Code. 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 all other persons
who have filed their name and address with the Board not later than
the last day of the hearing.
See Section 619 of the Pennsylvania Municipalities
Code.