1. Where the Borough Council, in this Chapter, has stated conditional uses to be granted or denied by the Borough Council pursuant to express standards and criteria, the Borough Council shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. The hearing shall be conducted by the Board or the Board 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 the Board. However, the appellant or the apphcant, as the case may be, in addition to the Borough of Marysville, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final. In granting a conditional use, the Borough 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.
2. The Borough 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 the Borough 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 this Chapter, the Pennsylvania Municipalities Planning Code, 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.
3. Where the Borough 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 Section 908(1.2) of the Municipahties Planning Code, the decision shall be deemed to have been rendered in favor of the apphcant unless the apphcant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the apphcant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shaU give pubhc 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 Municipahties Planning Code, If the Borough Council shall fail to provide such notice, the apphcant may do so.
4. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be dehvered to the applicant personally or mailed to him no later than the day following its date.
(Ord. 462, 8/14/1995, as added by Ord. 553, 5/10/2004, §1)