§ 450-16. Board hearings and decisions.

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) 

Advertisement. 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 Borough 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 Borough shall provide written notice to the applicant of the time and place of the hearing. The Borough should also provide notice to the President of Borough Council. In addition, the Borough should provide notice to the last known principal owner of record of each property that is immediately adjacent to or immediately across a street from the subject property; however, failure to provide such notice shall not be grounds for an appeal. 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. Any such notices shall be sent by mailed notice unless requested by the applicant to be by electronic notice. If electronic notice is requested, it shall be sent pursuant to § 450-9.

[Amended 11-14-2013 by Ord. No. 2013-06]

B. 

Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time.

C. 

Decision/findings.

(1) 

The Board shall comply with the time period established in Section 908(1.2) of the Pennsylvania Municipalities Planning Code, as amended, for the scheduling of hearings.

Editor's Note: See 53 P.S. § 10908(1.2).

(2) 

The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.

(3) 

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.

(4) 

References shall be provided to the most pertinent section(s) of this chapter and/or the Pennsylvania Municipalities Planning Code.

D. 

Notice of decision. A copy of the final decision shall be personally delivered or mailed to the applicant or his/her representative or 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 Sections 908(9) and 908(10) of such Act, including provisions regarding notice to other parties.)

Editor's Note: See 53 P.S. §§ 10908(9) and 10908(10), respectively.

E. 

State law. See also Section 908 of the Pennsylvania Municipalities Planning Code.

Editor's Note: See 53 P.S. § 10908.