(A) An application for conditional use approval shall be filed with the Zoning Officer, on forms prescribed by the borough, at least 30 days prior to the date of the regular meeting of the Planning Commission. A conditional use application shall not be considered to be complete until all items required by this chapter, including the application fee and/or deposit, have been received by the borough.
(B) Within five days of receipt of an application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to: the Borough Solicitor; the Borough Engineer; and any borough professional consultant deemed necessary by the Borough Manager.
(C) The Zoning Officer shall submit one copy of an application and any materials submitted therewith to each member of the Borough Planning Commission by no later than the Friday prior to the date of the regular meeting of the Planning Commission.
(D) The Planning Commission shall review the application and forward its recommendation to the Borough Council.
(E) The Borough Council shall hold a public hearing, pursuant to public notice, mailed notice and electronic notice within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the date of the filing of an application unless the applicant has granted an extension. Hearings shall be conducted and held in accordance with the applicable provisions of the MPC.
(F) The Borough Council shall render a written decision on the conditional use application within 45 days of the last public hearing. Where the application is contested or denied, the Borough Council decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
(G) In granting a conditional use pursuant to this chapter, the Borough Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, the borough code of ordinances, as amended, and all other ordinances of the borough, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.
(H) A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him or her not later than the day following its date.
(I) (1) All development, construction and use shall be in accordance with the approved conditional use decision and plan, unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Borough Council, and the conditions attached by the Borough Council.
(2) Any development contrary to the approved conditional use decision and plan shall constitute a violation of this chapter.
(J) Deemed decisions: where the Council fails to render the decision within 45 days after the last hearing or fails to commence, conduct or complete the required hearing as provided in the MPC, 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. The Council shall give public notice of said decision as required by the MPC.
(Ord. 1089, passed 5-19-2014)