§ 143-165. 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 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 Township, 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 Chairperson or acting Chairperson 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 record of the proceedings. 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, participate and inspect and contest materials, engage in the any of the following activities:

(1) 

Communicate, directly or indirectly, with any party or his or her representative in connection with any issue involved.

(2) 

Take notice of any communication, reports, staff memoranda or other materials, except advice from the Solicitor.

(3) 

Inspect the subject site or its surroundings after commencement of hearings with any party or his or her representative.