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. The case shall be advertised at least once in a newspaper
of general circulation within the municipality in which the property
involved is located. The notice shall be advertised not less than
one week nor more than three weeks in advance of such hearing. The
applicant shall be notified by mail and the Board must notify contiguous
property owners and those within 100 feet of the property involved
as it deems necessary. The Board may require the applicant to post
the property so that the people in the area will have due notice.
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 on 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 or hearing officer. The Board or the hearing
officer, as the case may be, shall decide all applications and appeals
within 45 days after the final hearing thereon. A copy of the final
decision shall be given to the appellant and all other 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 applicant, unless the applicant has agreed,
in writing, to an extension of time.
Any person aggrieved by any decision of the Board may appeal
to the Court of Common Pleas of Luzerne County setting forth the grounds
on which the appellant relies. Such appeal must be filed not later
than 30 days after notice of the decision is issued.