A. Public hearing requirement.
Upon the filing with the Zoning Hearing Board of an application for a special exception or variance or an interpretation or appeal from the terms of this chapter and the payment of a fee in accordance with the Township's fee schedule, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing thereon and shall give public notice as defined therein. Upon the filing with the Board of Supervisors of an application for a conditional use or curative amendment or a petition for amendment to this chapter pursuant to
Article XIX: Amendments and the payment of a fee in accordance with the Township's fee schedule, the Board of Supervisors shall fix a reasonable time and place for a public hearing thereon and shall give public notice as defined herein. Public hearings shall be held within 60 days from the date the applicant's request is filed, unless the applicant has agreed in writing to an extension of time.
B. Notice requirement.
Written notice shall be given to the applicant, Zoning Officer, Township Planning Commission, Zoning Hearing Board, Board of Supervisors, and to any person who has made timely request for the same. In addition, written notice of the public hearing shall be conspicuously posted on the affected tract by the Zoning Officer at least one week prior to the hearing. Where the affected tract has more than 300 feet of frontage on a street, written notice shall be posted at intervals of not less than 200 feet. In addition, notices by regular first-class mail or hand delivery shall be sent by the applicant to the address of record as is on file at the Chester County Assessor's office to all owners of properties contiguous to and directly across the street from the affected tract. In addition, where the Zoning Officer believes, in his sole discretion, that the relief requested may affect the use and enjoyment of additional properties in proximity to the affected property, the Zoning Officer shall designate such additional property owners to receive written notice by the applicant of the public hearing.
C. Notice content.
The notice shall state the general nature of the proposed amendment and that full opportunity to be heard will be given to any citizen and all parties with legal standing interested in attending such hearing. The notice shall state the location of the building or lot and the general nature of the question involved.
D. Record of proceedings.
The Board having jurisdiction shall keep a stenographic record of the public hearing proceedings.
E. Notice of decision or findings.
The Board having jurisdiction shall make written findings on the application within 45 days after the last hearing before the Board in accordance with the Pennsylvania Municipalities Planning Code, unless the applicant agrees to extend such time limit. Where the application is authorized, such a decision and any conditions attached thereto shall be enforceable in the same manner as other provisions of this chapter. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor.
F. Appeals to court.
Any persons aggrieved by any decision of the Board of Supervisors or the Zoning Hearing Board may appeal to the Court of Common Pleas of Chester County in accordance with the Pennsylvania Municipalities Planning Code.
