The Zoning Hearing Board shall interpret provisions
of this chapter according to this article and Act 247, the Pennsylvania
Municipalities Planning Code.
The Board shall conduct hearings and make decisions
in the following manner:
A. Notice requirements.
(1) The Board shall fix a time and place for public hearings
and shall give notice thereof as follows:
(a)
By providing notice in accordance with the definition of public notice in Article
II of this chapter. In the event that more than one hearing is required to consider any application or a hearing is continued, while in progress, to another date, announcement at the hearing to be continued of the next hearing date shall be deemed adequate notice. If the subsequent hearing is not held within 45 days or the date or time is changed following the original announcement, then public notice pursuant to Article
II of this chapter is required.
(b)
By mailing a notice thereof to the parties of
interest and all abutting owners and owners within 200 feet along
the frontage of the lot and a one-hundred-foot radius of the side
and rear lot lines.
(c)
By providing notice thereof to the Zoning Officer,
the City Secretary, each member of the City Council, each member of
the Planning Commission, the Secretary of the Chester County Planning
Commission and to every person or organization who shall have registered
with the Board for the purpose of receiving such notices.
(2) The notice herein required shall state the location
of the lot or building and the general nature of the question involved.
(3) In addition to the above requirements, notice of said
hearing shall be conspicuously posted on the affected tract of land.
B. The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed in
writing to an extension of time.
C. The decision or, where no decision is called for,
the findings shall be made by the Board, but the parties may waive
decision or findings by the Board and accept the decision or findings
of the hearing officer as final.
D. The parties to the hearing shall be the City, 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. All persons
who wish to be considered parties must enter appearances, in writing,
on forms provided by the Board for that purpose.
E. The Chairman or Acting Chairman of the Board or the
hearing officer presiding shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and documents
requested by the parties.
F. The parties 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.
G. Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
H. The Board or the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings, and a transcript
of the proceedings and copies of graphic or written material received
in evidence shall be made available to any party at cost. The appearance
fee of the stenographer shall be shared equally by the applicant and
the Zoning Hearing Board. The cost of the original transcript shall
be paid by the Zoning Hearing Board if the transcript is ordered by
said Board or Zoning Officer. In the event of an appeal, the cost
of the original transcript shall be paid by the person appealing from
the decision of the Zoning Hearing Board. The cost of additional copies
shall be paid by the person requesting such copies. In other cases,
the party requesting the original transcript shall bear the cost thereof.
I. The Board or the hearing officer shall not communicate,
directly or indirectly, with any party or their 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 material so noticed and shall not
inspect the site or its surroundings after the commencement of hearings
with any party or his or her representative unless all parties are
given an opportunity to be present.
J. The Board or the hearing officer shall render a written
decision or, when no decision is called for, make written findings
on the application within 45 days after the last hearing before the
Board or hearing officer. Each decision shall be accompanied by findings
of fact and conclusions based thereon, together with the reasons therefor.
Conclusions based on any provisions of this chapter or any act, rule
or regulation shall contain a reference to the provision relied on
and the reasons why the conclusion is deemed appropriate in the light
of the facts found. If the hearing is conducted by a hearing officer
and there has been no stipulation that his decision or findings are
final, the Board shall make his report and recommendations available
to the parties within 45 days, and the parties shall be entitled to
make written representations thereon to the Board prior to final decision
or entry of findings, and the Board's decision shall be entered no
later than 30 days after the decision of the hearing officer. Where
the Board has power to render a decision and the Board or the hearing
officer, as the case may be, fails to render the same within the period
required by this subsection, the decision shall be deemed to have
been rendered in favor of the applicant, unless the applicant has
agreed in writing to an extension of time. Nothing in this subsection
shall prejudice the right of any party opposing the application to
urge that such decision is erroneous.
K. A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him or her by certified mail not later than
the day following its date. To all other persons who have filed their
name and address with the Board, brief notice shall be provided by
mail or otherwise of the decision or findings and a statement of the
place at which the full decision or findings may be examined.
Any person, taxpayer or the City aggrieved by any decision of the Board may, within 30 days after such decision of the Board, seek review by the Court of Common Pleas of such decision in the manner provided by the laws of the Commonwealth of Pennsylvania and Article
IX or X-A of the Act, as amended.