A.
Notice of public hearing shall be published in a newspaper
of general circulation in Lancaster once a week for two consecutive
weeks. The first publication shall not be less than 14 days before
the day of the hearing. In addition, a copy of the notice shall be
posted in a conspicuous place in Town Hall for a period of not less
than 14 days before the day of the hearing. A copy of the notice shall
also be sent by mail, postage prepaid, at least 14 days before the
hearing to all parties in interest.
B.
The public hearing notice shall contain the name of
the applicant, appellant or petitioner; a description of the land
affected with street address or other means of identification of the
property affected; the date, time and place of the public hearing;
the subject matter of the hearing; and the nature of the permit or
relief requested.
All hearings shall be open to the public. No
person shall be excluded unless he or she is deemed to constitute
a hindrance to the proper performance of the duties of the Board.
An applicant may appear personally and/or with
representation by a duly authorized attorney or agent. In the event
of the unexcused absence of the applicant or his representative at
any hearing upon the matter, the Board may issue a decision upon the
matter based upon all information submitted and available to it.
A.
The Chairman shall call the hearing to order and read
the notice of hearing as published.
B.
The Chairman may request interested parties to register
their attendance on a log or attendance sheet.
C.
The applicant, appellant or petitioner shall present
its case to the Board, including the submission of documentary evidence,
oral evidence or other matters which it desires the Board to consider,
including exhibits, documents, charts, plans, models, displays, video
or photographic presentations, etc. Normally, the proponent will be
allowed to complete its presentation before the Board will entertain
public comment or evidence from other parties. The Chairman may alter
the order of presentation where the interests of clarity or circumstances
warrant.
D.
Members of the Board may direct appropriate questions
to any party, witness or speaker during the hearing.
E.
Representatives of any department, board or agency
of the Town shall be afforded an opportunity to be heard.
F.
Parties in interest shall be afforded an opportunity
to be heard.
G.
The proponent may rebut matters raised by any opponent.
H.
The Chairman shall have the right to limit the length
of oral presentations, to limit or exclude repetitive or immaterial
argument or evidence and shall require that any questions addressed
to the proponent be directed through the Chairman.
I.
All exhibits submitted for consideration shall be
retained by the Board and may be appropriately marked or numbered.
J.
Board members may request additional information and
the Board may, by majority vote, continue a hearing to a date certain
to enable a proponent or party in interest to present further evidence.
L.
The length of each session shall be determined by
the Chairman.
M.
Upon the conclusion of the presentation of evidence
and argument by the applicant and other interested parties, the hearing
shall be declared closed. The Board shall publicly deliberate and
render a decision by vote at a public meeting on or before the deadline
for such decision as required by law. If requested the Chairman shall
announce the date by which its decision must be rendered and filed
with the Town Clerk.
N.
During deliberations the Board may request additional
information or clarification of evidence from interested parties or
Town officials, including opinions from Town Counsel.
O.
The Board may individually or collectively conduct
any view or inspection of the premises, which it deems necessary or
desirable prior to rendering its decision. Views shall be conducted
in the presence of or upon agreement of the property owner if presence
on privately owned property is required for conduct of the view.
Any appeal, application or petition may be withdrawn
without prejudice at any time prior to the publication and mailing
of notice of the hearing. Thereafter, the Board may, by majority vote,
upon the proponent's request, grant leave to withdraw without prejudice
at any time prior to a final, unfavorable decision upon the matter.