Notice of public hearing.
The Board shall schedule a public hearing and shall give public notice as follows:
A. By publishing a notice once a week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing, the particular nature of the matter to be considered at the hearing and the specific ordinance provisions that permit consideration by the Zoning Hearing Board. The first publication shall not be more than 30 days and the second not less than seven days from the date of the hearing.
B. By mailing or serving written notice to the record owner, applicant and applicant's representative.
C. By conspicuously posting written notice of hearing on the affected tract of land at least one week prior to the meeting.
D. By mailing or serving the notice to adjacent land owners by utilization of the envelopes provided by the applicant pursuant to §
184-38G of this chapter.
E. By mailing or serving notice thereof to the Township Supervisors, Planning Commission and Zoning Officer.
F. By mailing a notice to any and all parties in interest who have entered their appearance.
G. By mailing a notice to any person registered for that purpose.
Hearing procedures.
A. Zoning Hearing Board hearings shall be held at the call of the Chairman and at such times as the Board may determine.
B. Hearings may be conducted by the Board, which may appoint any member as a hearing officer. The decision or findings shall be made by the Board; however, the applicant or municipality may, prior to a decision, waive a decision or findings by the Board and accept the decision or findings of the hearing officer as final.
C. The parties to the hearing shall be the municipality, 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. The Board shall have the power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided for that purpose.
D. The Chairman or Acting Chairman or hearing officer may administer oaths and issue subpoenas to compel the attendance of witnesses and production of relevant documents and papers, including witnesses and documents requested by the parties.
E. 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. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
G. The Board or the hearing officer shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer, or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost.
H. The Board or hearing officer shall not, except upon notice and opportunity for all parties to be present:
(1) Participate and inspect and contest materials.
(2) Communicate, directly or indirectly, with any party or his representative in connection with any issue involved.
(3) Take notice of any communication, reports, staff memoranda or other materials, except advice from their Solicitor.
(4) Inspect the subject site or its surroundings after commencement of hearings with any party or his represent
