[Res. 99-3-11, 3/11/1999, § A]
1.
The parties to any hearing before the Board of Supervisors (the "Board")
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.
2.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
3.
The Board shall keep a stenographic record of the proceedings. The
appearance fee for the stenographer shall be shared equally by the
applicant and the Board. The cost of the original transcript shall
be paid by the Board if the transcript is ordered by the Board or
shall be paid by the person appealing from the decision of the Board
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.
4.
The Board 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, except advice from its 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 representative unless all parties
are given an opportunity to be present.
5.
The Board shall render a written decision within such time periods
as required by statute. Where the application is contested or denied,
each decision shall be accompanied by findings of fact or conclusions
based thereon, together with any reason therefor. Conclusions based
on any provision 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 light of the facts found.
6.
In granting a conditional use or other approval, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of the Chapter 27, Zoning.
7.
The Board shall have the 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.
[Res. 99-3-11, 3/11/1999, § B]
2.
Admissibility of Evidence.
A.
The Board Solicitor shall rule on the admissibility of evidence and
shall otherwise control the reception of evidence to the relevant
issues raised by any party before the Board. The number of expert
witnesses to be heard on the same issue may be limited appropriately,
as may the production of further evidence upon the same issue.
B.
Offers of proof shall be made in writing to the Board Solicitor unless
permitted to be made orally at the hearing.
3.
Witnesses whose testimony is to be taken shall be sworn, or shall
affirm, before their testimony shall be deemed evidence in the proceeding
or any questions are put to them. Witnesses shall only be examined
orally.
4.
Written testimony of an expert or reports which are made by a governmental
agency in the performance of their official duties may be received,
subject to the objections of a party.
5.
Witnesses subpoenaed by the Board shall be paid the same fees and
mileage by the requesting party as are paid for like services in the
courts of common pleas. Witnesses subpoenaed at the insistence of
participants shall be paid the same fees by the participant at whose
insistence the witness is subpoenaed. The Board, before issuing any
subpoena, may require a deposit of an amount adequate to cover the
fees and mileage involved.
6.
Subpoenas.
A.
Issuance. Subpoenas for the attendance of witnesses or for the production
of documentary evidence, unless directed by the Board upon its own
motion, will issue only upon application in writing to the Board,
except that during sessions of a hearing in a proceeding, such application
may be made orally on the record before the Board, who is hereby given
authority to determine the relevancy and materiality of the evidence
sought and to issue such subpoenas in accordance with such determination.
Such written application shall specify the general relevance, materiality,
and scope of the testimony or documentary evidence sought, including,
as to documentary evidence, the specific documents desired and the
facts to be proved by them in sufficient detail to indicate the materiality
and relevance of such documents.
B.
Service and Return. If service of a subpoena is made by a Sheriff
or like officer or his deputy, such service shall be evidenced by
his return thereof. If made by another person, such person shall make
affidavit thereof, describing the manner in which service was made,
and shall return such affidavit on or with the original subpoena.
In case of failure to make service, the reasons for the failure shall
be stated on the original subpoena. In making service, a copy of the
subpoena, bearing or accompanied by the authorized return, affidavit
or statement, shall be returned forthwith to the Board.
7.
The participants in a hearing may stipulate as to a relevant matter
of fact or the authenticity of relevant documents. The stipulations
may be received in evidence at a hearing and when so received shall
be binding on the participants with respect to the matters therein
stipulated.
8.
When any portion of the record in any other proceeding before the
Board is offered in evidence and shown to be relevant and material
to the instant proceeding, a true copy of such record shall be presented
in the form of an exhibit, together with additional copies, unless:
A.
The participant offering such record agrees to supply, within a period
of time specified by the Board, such copies at his own expense, if
and when so required.
B.
The portion is specified with particularity in such a manner as to
be readily identified and upon motion is admitted in evidence by reference
to the records of other proceedings.
9.
Requests.
A.
Any party may serve a request upon the Board and on every other party
for entry upon designated property which is the subject of an application
before the Board, for the purpose of inspecting and measuring, surveying,
photographing, testing or sampling the property or any designated
object thereon; provided that such activities are relevant to an issue
before the Board. A nonapplicant party who is granted permission to
enter upon the property of the applicant shall indemnify and hold
harmless the property owner.
B.
The request shall describe with reasonable particularity the property
to be entered upon and the activities to be performed.
C.
The party upon whom the request is served shall allow the requested
entry unless the request is objected to within seven days after service
of the request, in which event the reasons for objections shall be
stated.
D.
A party may enter upon property one or more times to accomplish the
activities set forth in the request.
E.
The Board, upon a showing that the entry upon the designated property
is material to the proceedings, may enter an order granting the entry.
The order permitting the entry shall specify a reasonable time, manner
or other condition of entry and/or inspection and may furthermore
limit entry of any party if the request is deemed by the Board to
be burdensome and intrusive to the property owner.
10.
Whenever practicable, all exhibits of a documentary character received
in evidence shall be on paper of good quality and so prepared as to
be plainly legible and durable, whether printed, copied or typewritten.
11.
Except as otherwise provided in these rules, when exhibits of a documentary
character are offered in evidence, copies shall be furnished to the
Board and to the participants present at the hearing, unless the Board
otherwise directs. In addition, unless otherwise directed by the Board,
four copies of each exhibit of documentary character shall be furnished
for the use of the Board.
[Res. 99-3-11, 3/11/1999, § C]
1.
After a hearing has commenced in a proceeding, a request may be made
by motion for any procedural or interlocutory ruling or relief desired.
Motions shall set forth the ruling or relief sought and state the
grounds therefor and the statutory or other authority relied upon.
2.
Motions may be made in writing at any time, and motions made during
the hearings may be stated orally upon the record or the Board may
require that such oral motions be reduced to writing and filed separately.
3.
Any participant shall have 10 days within which to answer or object
to any motion, unless the period of time is otherwise fixed by the
Board.
