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Hearings & Decisions
Hearings.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:
A. Notice.
(1) The Board shall set a reasonable time and place for public hearings and shall give notice thereof as follows:
(a) By publishing a notice thereof at least seven days before the date fixed for the hearing in a newspaper of general circulation in the Township.
(b) By mailing or delivering a hearing notice at least seven days prior to the hearing to the applicant.
(c) By mailing or delivering a hearing notice at least seven days in advance thereof to the Zoning Officer, the Township Secretary, the Board of Supervisors, the Township Planning Commission and to every other person or organization who shall have registered with the Board, in writing, for the purpose of receiving such notices.
(d) By posting notice of the hearing in a conspicuous location on the affected tract of land at least seven days prior to the hearing.
(e) By mailing or delivering a hearing notice to the owner or occupier of every parcel of property/lot within 500 feet of the property in question, provided that failure to give notice as required by this subsection shall not invalidate any action taken by the Board.
(2) The notice herein required shall state the location of the lot or building and the general nature of the relief requested and/or issues to be decided by the Board.
B. Timing. The hearing(s) shall be held within the time frames set forth in the Municipalities Planning Code, as amended.
C. Parties to the hearing. The parties to the hearing shall be:
(1) The Township;
(2) Any person affected by the application who has made a timely appearance of record before the Board; and
(3) Any other person including civic or community organizations permitted to appear by the Board.
D. Powers of the Chairman. 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 the production of relevant documents and papers, including witnesses and documents requested by the parties.
E. Rights of the parties. 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.
F. Exclusion of evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
G. Record of the proceedings. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings.
H. Communications. 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 representative unless all parties are given an opportunity to be present.

Decisions.
A. 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 the time frame set forth in the Municipalities Planning Code, as amended. Each decision shall be accompanied by findings and conclusions together with the reasons for such conclusions. Conclusions based on any provisions of this chapter or of 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.
B. If the hearing is conducted by a hearing officer, and there has been no stipulation that this decision or findings are final, the Board shall make its report and recommendations available to the parties. The parties shall be entitled to make written representations to the Board prior to final decisions or entry of findings. 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 clause, the decision shall be deemed to have been rendered in favor of the applicant.
C. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or by certified mail to him not later than the day following its date. The Board shall provide by mail or otherwise a brief notice of the decision or findings and a statement of the place where the full decision may be examined to all other persons who have filed their names and addresses to the Board no later than the last day of the hearing.
D. Decisions made by the Board or the governing body are appealed to the Court of Common Pleas. However, any person aggrieved by a decision may appeal to the Board if they establish and prove that they had no notice, knowledge, or reason to believe that any action was being taken. That aggrieved party has 30 days from the date of the decision to appeal.