(a) All notices, hearings, decisions and orders concerning conditional use applications shall be made or shall occur in conformity with the provisions of the Planning and Zoning Code and the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended. Time requirements shall be as specified in the Municipalities Planning Code.
(b) The Planning Commission shall perform a review and provide counsel to the Borough Council concerning the granting of approval or the disapproval of the proposed conditional use. A written report must be submitted to Council before final action is taken on the proposal.
(c) The Planning Commission and Council shall be responsible for providing notification to the applicant prior to any review of the application by the Planning Commission or any public hearing by Council at which testimony will be heard and/or action taken on the approval or disapproval so that the applicant may be present to present testimony.
(d) Subsequent to the receipt of a notice of review or public hearing, the applicant shall be responsible for notifying all abutting property owners of the conditional use application and the dates of the review or public hearing at which the application will be discussed. Proof of proper notification, on a form supplied by the Borough, shall be required as a precondition before any formal action may be taken on the application. Such form must be turned in to the Borough Administrative Office at least ten working days before the first scheduled meeting on the application.
(e) The Borough shall provide written notice of any review or public hearing at which the application will be discussed, to be conspicuously posted on the affected tract of land at least one week prior to the review or hearing.
(f) In the event of conditional use approval, should the applicant fail to obtain all the necessary final plan approvals and building or related permits within twelve months of notification or, having obtained the necessary approvals and permits, fails to commence work thereunder within six additional months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned the application, and all provisions, conditional uses and permits granted shall be deemed automatically rescinded by Council. If Council finds that a good reason exists for the failure to comply with the time periods specified herein, an extension may be granted.
(g) A grant of approval by Council for a conditional use shall in no way release the applicant from the obligation to comply with applicable provisions of this Planning and Zoning Code or any other applicable Borough, State and Federal regulations.
(h) Council may establish a reasonable fee for a conditional use application, to be included in the schedule of charges and fees passed annually by resolution of Council.
(Ord. 922. Passed 11-10-97.)