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MapLink™ | Procedures | Hearings and Decisions

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Hearings and Decisions

The Board shall conduct hearings and make decisions in the following manner:
 
A. All hearings shall be public. The Board shall hold a hearing within 60 days of the filing of the application, unless the applicant agrees in writing to an extension.

B. Notice of hearing shall be given in the manner set forth in Part 6: UNIFORM SYSTEM OF NOTICE OF PENDING APPLICATIONS AND HEARINGS of Chapter 1: Administration and Government.

C. Hearings shall be conducted by the Board (or Hearing Officer) and the Chairperson, or in his absence, the acting Chairperson, shall administer oaths, and may issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

D. The parties to the hearing shall be the Township, any person affected by the application who has made a 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.

E. The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses.

F. The Board (or Hearing Officer) shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copy of graphic or written material received in evidence shall be made available to any party at cost.

G. The Board (or 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 after the commencement of hearings with any party or his respective counsel unless all parties are given an opportunity to be present.

H. The Board (or Hearing Officer) shall render a written decision, or when no decision is called for, make written findings on the application within the time limit established by the Municipalities Planning Code, 53 P.S. § 10101 et seq., unless waived by the applicant according to law. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.

I. 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 in accordance with the law; and, 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, brief notice of the decision or findings, and a statement of the place where the full decisions or findings may be examined.