Upon filing of an appeal or application, the Board shall fix
a time and place for a hearing, and give due notice as follows:
A. Public notice. "Public notice," notice given not more than 10 days
and not less than seven days in advance of any public hearing required
by Act 247, Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq. Such notice shall be published once 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. Such notice shall also be conspicuously
posted on the affected tract of land.
B. The hearings of the Board shall be public. However, the Board may
go into executive session.
C. Adjourned hearings. Upon the day for hearing any application or appeal,
the Board may adjourn the hearing in order to permit the obtaining
of additional information or to cause such further notice as it deems
proper to be served upon such other property owners as it decides
may be substantially interested in said application or appeal. In
the case of an adjourned hearing, persons previously notified and
persons already heard need not be notified of the time of resumption
of said hearing unless the Board so decides, provided the Board publicly
states the date of hearing at the time, otherwise they shall be notified.
D. Decisions of the Board. The Board shall decide all applications and
appeals within 45 days after the final hearing thereon. Notice of
decision shall be given to all parties so requesting. The Board's
decision shall be binding on the Zoning Officer, and he shall incorporate
the terms and conditions of the same in any permit issued. If the
Board does not render its decision within 45 days of the final hearing,
it shall be deemed that the Board has decided in favor of the party
making the request.
Any persons, jointly or severally aggrieved by any decision
of the Board or any taxpayer or any officer, department, board or
bureau of the Borough of Plymouth may present to the court of common
pleas of the county a petition, duly verified, setting forth that
such decision is illegal, in whole or in part, specifying the grounds
of the illegality. Such a petition shall be presented to the court
within 30 days after the filing of the decision in the office of the
Board.