§ 440-61. Procedures.

The procedure for requesting approval of a conditional use is as follows:

A. 

A written application and a preliminary site plan shall be filed with the Zoning Officer. The application shall be of a form approved by the Borough. The preliminary plan shall address itself to all applicable conditions for the particular conditional use.

B. 

The site plan and application shall be reviewed by the Zoning Officer, and a public hearing before the Planning Commission shall be set by the Commission within 45 days of the filing of the preliminary plan and application.

C. 

Notice of the Commission hearing shall be advertised in accordance with the provisions of the MPC.

D. 

The Commission shall, at the hearing, examine the preliminary plan and listen to relevant testimony from the owner of the property or his agent, the Zoning Officer and any interested citizen. The Commission shall have the right to pose necessary questions to any of the above parties.

E. 

The Commission shall, within 14 days of its hearing, forward a written recommendation to the Council along with the preliminary plan and application. This recommendation shall either recommend the approval of the conditional use request, disapproval or approval conditioned upon specified changes or conditions.

F. 

The Council shall hold a public hearing on the conditional use request in accordance with the provisions of the MPC. The hearing shall be conducted by Council or Council may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the findings shall be made by Council. However, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by Council and accept the decision or findings of the hearing officer as final. In granting a conditional use, Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, as amended.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

G. 

The Council shall, at the hearing, examine the preliminary plan and the recommendation by the Commission. The Council shall also hear relevant testimony from the owner of the property or his agent, or the Zoning Officer, if desired, and any interested citizens, and shall have the right to pose necessary questions to any of the above parties. The Council may request the submission of a final plan, if deemed necessary.

H. 

Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the chapter, the Pennsylvania Municipalities Planning Code, as amended, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. Council shall have the right to adopt, modify or reject the specific changes or conditions recommended by the Commission.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

I. 

A conditional use shall not be approved unless Council determines:

(1) 

That the proposed conditional use will not substantially injure or detract from the use of neighboring property, or from the character of the neighborhood.

(2) 

That approval of the proposed conditional use will serve the best interests of the Borough, the convenience of the community, and the public health, safety and welfare.

(3) 

That the approval of the proposed conditional use is consistent with the logical, efficient, and economic extension of public services and facilities, such as public water, sewers, police and fire protection, and public schools.

J. 

A majority vote of the Borough Council is required for approval.

K. 

Where Council fails to render the decision within the period required by the subsection or fails to commence, conduct or complete the required hearing as provided in § 440-86C(1) of this chapter [§ 908(1.2) of the Municipalities Planning Code], the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of Council to meet or render a decision as hereinabove provided, Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter and the Pennsylvania Municipalities Planning Code, as amended. If Council shall fail to provide such notice, the applicant may do so. The property owner or his agent, the Commission, and the Zoning Officer shall receive written notification of Council's decision. Any other interested party may, at the hearing, also request receipt of the written notification. In any case, the written notification shall be sent promptly following Council's decision.

Editor's Note: See 53 P.S. § 10908(1.2).

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

L. 

Appeals from the decision of the Council are governed by the applicable provisions of the Pennsylvania Municipalities Planning Code.