1254.03 HEARINGS.

The Board shall conduct hearings and make decisions in accordance with the following requirements:

(a)   Upon the filing with the Board of an appeal, an application for a special exception, a variance from the terms of this Zoning Code or a challenge, the Board shall fix a time and place for a public hearing thereon, subject to the provisions of the Planning Code, and shall give notice thereof in accordance with Section 1254.04.

(b)   The Board may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by this Zoning Code.

(c)   The hearing shall be held within sixty days from the date of the applicant’s request, unless the applicant has agreed in writing to an extension of time.

(d)   The parties to the hearing shall be the Township and 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.

(e)   The Chairman or acting Chairman of the Board, or the hearing officer presiding, shall have power to administer oaths and issue subpoenas, and to compel the attendance of witnesses and the production of relevant documents and papers, including 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 to cross-examine adverse witnesses on all relevant issues. At the hearings, any party may appear in person, or by agent, or by attorney.

(g)   The Board or the hearing officer 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 unless the parties are afforded an oppor­tunity to contest the material so noticed; and shall not inspect the site or its surroundings with any party or his representatives unless all parties are given an opportunity to be present.

(Ord. 662. Passed 2-21-90.)

 

 

 

1254.04 NOTICE OF HEARINGS.

In any case where the Board shall hold a public hearing, the Board shall, at the minimum, give notice of such hearing as follows, which notice shall state the time and the place of the hearing and the particular nature of the matter to be considered at the hearing:

(a)   By publishing a notice thereof once each week for two successive weeks in a newspaper of general circulation in the Township, provided that the first publication shall be not more than thirty or less than seven days from the date of the hearing.

(b)   By mailing or delivering due notice thereof to the applicant and other par­ties in interest, who shall be at least those persons whose properties adjoin the property in question, or be within a 200 foot radius of the property in question.

(c)   By mailing or delivering notice thereof to the Township Commissioners, the Township Secretary, and the Code Enforcement Officer.

(d)   By conspicuously posting notice of said hearing on the affected tract of land at least one week prior to the hearing.

(Ord. 662. Passed 2-21-90.)

 

 

 

1254.05 NOTICE OF DECISIONS.

(a)   The following requirements shall be observed in the reporting of decisions of the Board:

(1)   The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five days after the last hearing before the Board or hearing officer, subject to the requirements of the Planning Code. 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 the Planning Code or fails to hold the required hearing within sixty days from the date of the applicant’s request for a hearing, 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.

((2)   A copy of the final decision, where such decision is called for, shall be delivered to the applicant personally or mailed to him not later than the day following its decision date. To all other persons who have filed their names and addresses with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

 

(b)   The decision of the Board shall include the following elements:

(1)   Findings of fact,’ including a brief summary of relevant testimony and information entered during the proceedings of the Board.

(2)   Citation by quotation or by reference to the specific sections of the local ordinances and/or the Planning Code, which are relevant to the case in question.

(3)   Conclusions of the Board, enumerating the reasons why such conclusions are deemed appropriate in light of the facts found.

(4)   Ruling of the Board, indicating in writing any stipulations or conditions attached to the ruling.

(Ord. 662. Passed 2-21-90.)