The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board:
A. Notice of hearings.
Notice of all hearings of the Board shall be given as follows:
(1) Ad. Public notice shall be published, as defined by Section 107 of the Pennsylvania Municipalities Planning Code. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
(2) Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Township staff shall post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.
(3) Persons given notice. The Township shall provide written notice to the applicant of the time and place of the hearing. The Township should also provide notice to the Chairperson of the Board of Commissioners. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. In addition, the Township should give notice to the last known address of the primary owner of record of land within 300 feet of the affected lot in each direction along the street frontage and 100 feet to the side or rear of the affected lot or that is contiguous to or directly across the street from the subject lot. All such notices should be mailed or delivered to the last known address. If a matter involves a location within 300 feet of the boundary of another municipality, notice of the hearing should also be provided to the offices of such other municipality.
B. Initiation of hearings.
A hearing required under this chapter shall be commenced within 60 days of the date of the receipt of an applicant's request for a hearing, unless the applicant has agreed, in writing, to an extension of time. Hearings shall comply with Section 908 of the Pennsylvania Municipalities Planning Code.
C. Decision/findings.
(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 45 days after the last hearing before the Board or Hearing Officer.
(2) Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(3) References shall be provided to the most pertinent section(s) of this chapter and/or the Pennsylvania Municipalities Planning Code for conclusions based upon such law, as well as why the conclusion is appropriate in light of the facts.
(4) If the hearing is conducted by a Hearing Officer [
§ 295-13A(4).] and there has been no stipulation that his/her decision or findings are final, the Board shall make his/her 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 report of the Hearing Officer.
D. Notice of decision.
A copy of the final decision shall be delivered or mailed to the applicant or his/her representative at their last known address not later than the time limit established by the Pennsylvania Municipalities Planning Code, as amended. [NOTE: As of the adoption date of this chapter, such provisions were within Section 908(9) and 908(10) of such Act,[3] including provisions regarding notice to other parties.]
E. See also Section 908 of the Pennsylvania Municipalities Planning Code.
