[Ord. 2227, 12-10-2013]
1.
Borough Council shall appoint five residents to serve as members
of the Zoning Hearing Board in accordance with the provisions of this
chapter and the Pennsylvania Municipalities Planning Code.
2.
The following provisions shall apply to the establishment of the
Borough Zoning Hearing Board:
A.
Newly appointed members of the Zoning Hearing Board shall serve five-year
terms and shall be so fixed that the term of office of one member
shall expire each year. Current members of the Zoning Hearing Board
shall serve their remaining term of office as established prior to
the adoption of this chapter and may be reappointed by the Borough
Council upon expiration of their term of office to a new five-year
term.
[Amended by Ord. 2235, 7/8/2014]
B.
The Zoning Hearing Board shall promptly notify the Borough Council
of any vacancies which may occur. Appointments to fill vacancies shall
be only for the unexpired portion of the term.
C.
The members of the Zoning Hearing Board shall hold no other office
within the Borough.
D.
Any member of the Zoning Hearing Board may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Borough Council taken after the member has received
15 days of advance notice of the intent to take such a vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
E.
The Borough Council may appoint one resident to serve as an alternate
member of the Zoning Hearing Board.
3.
The following provisions shall apply to the organization of the Borough
Zoning Hearing Board:
A.
The Zoning Hearing Board shall elect from its own membership its
officers, who shall serve annual terms as such and may succeed themselves.
B.
For the conduct of any hearing and the taking of any action, a quorum
shall be not less than a majority of all members of the Board.
C.
The Zoning Hearing Board may appoint a hearing officer from its own
membership to conduct any hearing on its behalf, and the parties may
waive further action by the Zoning Hearing Board, as provided within
the MPC.
D.
The Zoning Hearing Board may appoint a solicitor or attorney to oversee
the procedures of the hearing in accordance with the provisions of
the MPC.
E.
The Zoning Hearing Board may make, alter and rescind rules and forms
for its procedure consistent with the MPC and laws of the Commonwealth
of Pennsylvania.
F.
If requested by the Borough Council, the Zoning Hearing Board shall
submit an annual report of its activities to the Borough Council.
4.
The following provisions shall apply to expenditures and fees for
the Zoning Hearing Board:
A.
The members of the Zoning Hearing Board may receive compensation
for the performance of their duties and services, which shall be $50
per meeting attended.
[Amended by Ord. No. 2021-2336, 10/12/2021]
B.
Within the limits of funds appropriated by the Borough Council, the
Zoning Hearing Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical and clerical services.
C.
The applicant before the Zoning Hearing Board shall deposit with
the designated secretary or treasurer of the Borough such a sum of
money as shall be deemed sufficient by the Zoning Hearing Board and
established in a resolution to pay the cost of the expenses for the
hearing, which may include the notice and advertising costs and all
other necessary administrative overhead associated with conducting
the hearing.
D.
Funds deposited in excess of the actual cost of the requested hearing
shall be returned to the applicant upon completion of the proceedings;
and, in the event that the cost of the hearing exceeded the funds
deposited, the applicant shall pay to the designated secretary or
treasurer of the Borough the appropriate funds equal to such excess
cost.
5.
The following provisions shall apply to the general functions of
the Borough Zoning Hearing Board:
A.
The Zoning Hearing Board shall act in strict accordance with the
procedures specified within this chapter and the MPC.
B.
The Zoning Hearing Board shall consider applications for variances,
special exceptions, appeals concerning the interpretation of this
chapter by the Zoning Officer and other duties that are specified
by the Borough Code.
C.
All appeals and applications made to the Zoning Hearing Board shall
be in writing, on forms prescribed by the Borough Council or Zoning
Hearing Board.
D.
Every appeal or application shall refer to the specific provision
of this chapter involved and shall exactly set forth the interpretation
that is claimed, the grounds for any challenges to validity of this
chapter, the use for which a special exception is sought or the details
of the variance that is applied for and the grounds on which it is
claimed that the variance should be granted, as the case may be.
6.
In all cases before the Zoning Hearing Board, the Borough Council,
Planning Commission and Zoning Officer may review and comment on the
application prior to rendering a decision.
[Ord. 2227, 12-10-2013]
1.
The first hearing shall be commenced within 60 days from the date
of the applicant's request, unless the applicant has agreed, in writing,
to an extension of time. Each subsequent hearing before the Zoning
Hearing Board shall be held within 45 days of the prior hearing unless
otherwise agreed to by the applicant in writing or on the record.
An applicant shall complete the presentation of his case in chief
(the part of the hearing in which the applicant presents evidence
to support his or her claim or defense) within 100 days of the first
hearing. Upon the request of the applicant, the Zoning Hearing Board
shall assure that the applicant receives at least seven hours of hearings
within the 100 days, including the first hearing. Persons opposed
to the application shall complete the presentation of their opposition
to the application within 100 days of the first hearing, held after
the completion of the applicant's case in chief. An applicant may,
upon request, be granted additional hearings to complete his case
in chief, provided the persons opposed to the application are granted
an equal number of additional hearings. Persons opposed to the application
may, upon the written consent, on the record by the applicant and
the Borough, be granted additional hearings to complete their opposition
to the application, provided the applicant is granted an equal number
of hearings for rebuttal.
A.
The Zoning Hearing Board shall give notice of the public hearing
in accordance with the following:
(1)
By publishing a notice once each week for two successive weeks
in a newspaper of general circulation within the Borough. Such notice
shall state the time and place of the public hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall be
not less than seven days from the date of the hearing.
(2)
By mailing a notice thereof to the parties of interest at least
14 days prior to the public hearing.
(3)
By mailing or issuing a notice to the Borough Manager, Zoning
Officer, Borough Council, Planning Commission, and to every person
or organization who or which shall have registered with the Zoning
Hearing Board for the purpose of receiving such notices.
(4)
The Zoning Hearing Board or Zoning Officer may mail notice of
the hearing to the owner of every lot within 500 feet of the lot or
building in question, provided that failure to give notice, either
in part or in full, as stated by this subsection shall not invalidate
any action by the Zoning Hearing Board.
(5)
The required notices by this section shall state the location
of the lot or building that is the subject of the application, as
well as the general nature of the request(s) being made by the applicant(s).
B.
Borough Council may establish reasonable fees to be paid by the applicant
in accordance with the MPC.
2.
The Zoning Hearing Board shall conduct the hearings, or the Zoning
Hearing Board may appoint any member as a hearing officer. The decision
or, where no decision is called for, the findings shall be made by
the Board, but the parties may waive decision or findings by the Board
and accept the decision or findings of the hearing officer as final.
3.
The parties to the hearing shall be the Borough, any person affected
by the application who has made timely appearance of record before
the Zoning Hearing Board and any other person, including civic or
community organizations permitted to appear by the Zoning Hearing
Board. The Zoning Hearing Board shall have power to require that all
persons who wish to be considered parties enter appearances, in writing,
on forms provided by the Board for that purpose.
4.
The Chairman or Acting Chairman of the Zoning Hearing Board or the
hearing officer presiding shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and documents
requested by the parties.
5.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
6.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
7.
The Zoning Hearing Board or the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings, and a transcript
of the proceedings and copies of graphic or written material received
in evidence shall be made available to any party at cost.
8.
The Zoning Hearing Board or the hearing officer shall not communicate,
directly or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communications,
reports, staff memoranda or other material so noticed and shall not
inspect the site or its surroundings after the commencement of hearings
with any party or his representative unless all parties are given
an opportunity to be present.
9.
The Zoning Hearing Board or the hearing officer, as the case may
be, shall render a written decision or, when no decision is called
for, make written findings on the application within 45 days after
the last hearing before the Zoning Hearing Board or hearing officer.
Each decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons therefor. Conclusions based
on any provisions of this chapter or of any act, 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. If the hearing is conducted by a hearing officer and there
has been no stipulation that his decision or findings are final, the
Zoning Hearing Board shall make his report and recommendations available
to the parties, and the parties shall be entitled to make written
representations thereon to the Zoning Hearing Board prior to final
decision or entry of findings, and the Zoning Hearing Board's decision
shall be entered no later than 45 days after the decision of the hearing
officer. Where the Zoning Hearing Board has power to render a decision
and the Zoning Hearing Board or the hearing officer, as the case may
be, fails to commence, conduct or complete the required hearing as
required by this chapter, 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. Nothing in this
subsection shall prejudice the right of any party opposing the application
to urge that such decision is erroneous.
10.
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 by certified mail not later than the day following its
date. To all other persons who have filed their names and addresses
with the Board, the Zoning Hearing Board shall provide by mail or
otherwise brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
[Ord. 2227, 12-10-2013]
1.
The Zoning Hearing Board shall hear requests for zoning variance
applications, where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The zoning variance
application shall be considered by the Zoning Hearing Board in accordance
with the provisions specified by this chapter.
2.
In granting any variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the MPC. The Zoning Hearing Board
may, by rule, prescribe the form of application and may require a
preliminary application to be issued and reviewed by the Zoning Officer.
3.
In all cases before the Zoning Hearing Board, the Borough Council,
Planning Commission and Zoning Officer may review and comment on the
zoning variance application prior to rendering a decision.
4.
The Zoning Hearing Board may grant a variance, provided that all
the following findings are made where relevant in a given case:
A.
That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions peculiar to the particular
property, and that the unnecessary hardship is due to such condition
and not circumstances or conditions generally created by the provisions
of this chapter in the neighborhood or district in which the property
is located.
B.
That, because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
C.
That such unnecessary hardship has not been created by the appellant.
D.
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
E.
That the variance as granted by the Zoning Hearing Board is the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
5.
Where the Zoning Hearing Board has jurisdiction over other zoning
matters described under this chapter, the Zoning Hearing Board shall
also hear all appeals which an applicant may elect to bring before
it with respect to any municipal ordinance or requirement pertaining
to the same lot, parcel, property or development. In any such case,
the Zoning Hearing Board shall have no power to pass upon the non-zoning-related
issues but shall take evidence and make a record in accordance with
the procedures established by this chapter. At the conclusion of the
hearing, the Zoning Hearing Board shall make findings on all relevant
issues of fact, which shall become part of the record on appeal to
the court.
6.
The approval of a variance, if authorized by the Zoning Hearing Board,
which anticipates construction or modification of a structure, creation
of new or revised lot lines or dimensional standards for a property
or structure situated thereon, shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void unless said construction, modification, new or
revised lot lines or dimensional standards or change of use or occupancy
is initiated within said one-year term or said term is expressly extended
as part of the initial approval. In the event that the activity anticipated
by the variance should not be initiated within one year of the approval
or such additional term as may be expressed in the approval, or should
the activity which is the subject of the variance be discontinued,
the premises or structure or structure situated thereon shall not
thereafter be used except in conformity with the regulations of the
district in which it is located.
7.
For zoning variance applications where compliance with the minimum
dimensional requirements and/or maximum coverage requirements of this
chapter of the Code are considered to be "de minimis" in terms of
their impact, the Zoning Hearing Board shall consider such application
in accordance with state law.
[Ord. 2227, 12-10-2013]
1.
The Zoning Hearing Board shall hear requests for special exception
applications, as permitted under the provisions of this chapter. By
so providing, the Zoning Hearing Board recognizes that certain uses
may or may not be appropriate at every location within any specific
district and, where it appears that a use permitted by special exception
fails to comply with all of the definitional aspects thereof or would
be contrary to the public health, safety, morals and/or welfare of
the community at specific locations within a district, that the use
would not be permitted there.
2.
In granting any special exception, the Zoning Hearing Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this chapter and the MPC, as amended.
The Zoning Hearing Board may, by rule, prescribe the form of application
and may require a preliminary application to be issued and reviewed
by the Zoning Officer.
3.
The Zoning Hearing Board shall consider the comments issued by Borough
Council, Planning Commission, Engineer, Zoning Officer and/or other
agencies that could assist the Zoning Hearing Board with the special
exception application. All such comments shall be made either in writing
and presented as evidence during the hearing or as part of sworn testimony
at the public hearing.
4.
The Zoning Hearing Board shall consider the following issues prior
to rendering its decision on a special exception application:
A.
That such use is consistent with the Borough Comprehensive Plan.
B.
That such use shall be one which is specifically authorized as a
special exception use within the zoning district wherein the applicant
seeks a special exception.
C.
That such special exception shall only be granted subject to any
applicable conditions and safeguards as required by this chapter.
D.
That such use shall not adversely affect the health, safety and/or
welfare of residents or property owners within the general neighborhood.
E.
That there will be no adverse effect of the proposed special exception
upon the logical, efficient and economical extension of public facilities
and services, including public water, sanitary sewers, streets, police
and fire protection, public schools and all other similar facilities
and services that are considered appropriate by the Zoning Hearing
Board.
F.
The Board may impose such conditions, in addition to those required,
as are necessary to assure that the intent of the Zoning Chapter is
complied with, which conditions may include, but are not limited to,
harmonious design of buildings, planting and its maintenance as a
sight or sound screen, the minimizing of noxious, offensive or hazardous
elements and adequate standards of parking and sanitation.
5.
The approval of a special exception, if authorized by the Zoning
Hearing Board, which anticipates construction or modification of a
structure, creation of new or revised lot lines or dimensional standards
for a property or structure situated thereon, shall be valid and remain
in effect for a term of one year from the date of said approval and
shall thereafter expire and be void unless said construction, modification,
new or revised lot lines or dimensional standards or change of use
or occupancy is initiated within said one-year term or said term is
expressly extended as part of the initial approval or a further extension
of the term being granted by the Zoning Hearing Board prior to the
expiration of the one-year period. In the event that the activity
anticipated by the special exception should not be initiated within
one year of the approval or such additional term as may be expressed
in the approval or should the activity which is the subject of the
special exception be discontinued, the premises or structure or structure
situated thereon shall not thereafter be used except in conformity
with the regulations of the district in which it is located.
[Ord. 2227, 12-10-2013]
1.
Borough Council shall hear requests for conditional use applications,
as permitted under the provisions of this chapter. By so providing,
the Borough Council recognizes that certain uses may or may not be
appropriate at every location within any specific district and, where
it appears that a conditional use fails to comply with all of the
definitional aspects thereof or would be contrary to the public health,
safety, morals and/or welfare of the community at specific locations
within a district, that the use would not be permitted there.
2.
In granting any conditional use, the Borough Council may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the Pennsylvania Municipalities Planning
Code.
3.
Prior to the commencement of the conditional use hearing or during
the proceedings of the conditional use hearing, the Borough Council
may consider the comments of the Planning Commission, Zoning Officer,
Engineer, the appointed professional consultants and/or other agencies
that could assist Borough Council with the merits of the conditional
use application. All such comments shall be made either in writing
and presented as evidence during the hearing or as part of sworn testimony
at the conditional use hearing.
4.
All of the standards for conditional uses hereinafter set forth shall,
where relevant, apply to all conditional uses within the Borough and
are deemed definitional in character so that the failure to comply
with any standards shall be deemed a failure to bring the applicant
within that definitional aspect for which a conditional use may be
granted; or, in the discretion of the Borough Council, such failure
to comply with the standards may be deemed a basis for the imposition
of appropriate conditions to such grant. It is further the intention
of Borough Council that the standards hereinafter described shall
be deemed additional standards and shall in no way impair any other
applicable standard described elsewhere in this chapter. Where there
is a conflict between the standards set forth in this article and
other standards elsewhere established by this chapter or other applicable
ordinances, it is intended that the more stringent thereof shall apply,
and it is not the intent of this article to abrogate or impair any
other such standards or requirements.
5.
Borough Council shall consider the following general issues and site
requirements prior to rendering its decision on a conditional use
application:
A.
That such use is consistent with the Comprehensive Plan.
B.
That the property is suitable for the use desired and that the proposed
request is consistent with the goals, objectives and policies established
within this chapter.
C.
The applicant shall establish by a fair preponderance of credible
evidence that the use intended at the location intended shall not
be contrary to the public health, safety, morals and/or public welfare.
D.
The applicant shall provide evidence with supporting documentation
that the capacity of the road system providing access to the property
or lot in question has sufficient capacity to accommodate the use
and that when the incremental increase in traffic attributable to
the proposed use is superimposed upon the existing use of the road,
it shall not lower the level of service of the roads or any portions
thereof or any street intersections below an acceptable level of service.
E.
The applicant shall provide evidence with supporting documentation
that the interior traffic circulation for the proposed use at the
proposed location, including but not limited to acceleration and deceleration
lanes where required at the proposed entrances to the location, shall
be adequate to provide safe and convenient circulation for users of
the facility, visitors to the facility, employees of the facility
and all emergency vehicles that may require entrance thereon.
F.
The applicant shall provide evidence with supporting documentation
that the facility or use provides safe and convenient pedestrian access
and internal circulation within the grounds of the facility and particularly
for points of access from the facility to the parking areas.
G.
The applicant shall provide evidence with supporting documentation
that adequate screening and buffering is provided between the lands
in question and surrounding residential uses and residentially zoned
districts to screen the facility from view and preclude any glare
from lighting or noise from being ascertainable beyond the boundaries
of the property.
H.
The applicant shall provide evidence with supporting documentation
that the local fire department has the abilities to provide adequate
fire protection and emergency management services for the proposed
use.
I.
Where, in the opinion of Borough Council, the use or facility may
require supervision and protection, the applicant shall provide evidence
with supporting documentation that additional security measures will
be accounted for by the owner or site manager so the facility or use
does not create a continuous burden on the emergency management services
and providers.
J.
The applicant shall provide evidence with supporting documentation
that the existing or proposed sanitary sewage disposal facilities
have sufficient capacity for the proposed use.
K.
The applicant shall provide evidence with supporting documentation
that the existing or proposed municipal water supply facilities have
sufficient capacity for the proposed use.
L.
The applicant shall provide evidence with supporting documentation
that there will be no increase in surface water runoff and erosion
within the property or at the boundaries of the facility as a result
of the site improvements.
6.
The following provisions shall apply for the public hearing procedures
and administrative requirements for all conditional use applications
within the Borough:
A.
Borough Council shall schedule and hold a public hearing on the application
pursuant to public notice within 60 days from the date of the applicant's
request for a hearing. The request for a hearing shall be accompanied
by a completed application on the required form. The date for the
scheduling of the first hearing may be extended by the applicant on
the record or in writing addressed to Borough Council, in which event
the date agreed upon by the applicant shall be considered timely for
purposes of this subsection.
B.
The applicant shall provide written notification of the filing of
an application for conditional use to all property owners within 200
feet of the subject property as follows:
(1)
The 200 feet shall be measured at a right angle from all points
on every property line.
(2)
The names and addresses of the adjacent property owners shall
be obtained from records of the Chester County Tax Assessment Office.
(3)
The notification shall be sent by regular first-class mail,
postage prepaid, a minimum of 14 days prior to the first scheduled
public hearing of the Borough Council. At the hearing, the applicant
shall provide a copy of the actual notice mailed and a list of those
names and addresses to which the notice was sent.
(4)
At a minimum, the written notice shall contain the street address
of the parcel, a general description of what is proposed by the applicant,
the time, date and location of the hearing where the application will
be considered, and shall inform the property owner that only one notice
will be provided and that he or she is not required to attend but
may attend if interested.
C.
As part of the conditional use hearing, Borough Council may consider
those comments issued by the Planning Commission, Zoning Officer,
Engineer, the appointed professional consultants and all other agencies
providing comments, as may be authorized by the Borough Code and the
Pennsylvania Municipalities Planning Code.
D.
Borough Council shall conduct the hearing or Borough 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 Borough 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 Borough Council
and accept the decision or findings of the hearing officer as final.
All hearings must be completed no later than 100 days after the completion
of the applicant's case in chief, unless extended for good cause upon
application to the Court of Common Pleas.
E.
Any substantial revisions to the application or plan made by the
applicant subsequent to filing of the application or plan may be subject
to further review and recommendations by Borough agencies and consultants.
In such event, the Zoning Officer shall secure from the applicant
a written extension of the date within which Borough Council must
hold a public hearing pursuant to the provisions of this chapter.
If the applicant fails to execute the extension, Borough Council shall
decide the conditional use application on the basis of the plan and
application as originally filed.
F.
A stenographic record of the hearing shall be made by a certified
court reporter, whose appearance fee shall be reimbursed through the
application fee paid to the Borough as part of the initial application.
The cost of the original transcript shall be paid by the Borough or
by any party requesting an original transcript. In either case, the
cost of additional copies shall be paid by the party or person requesting
such copies.
G.
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 Borough Council. The
date of the decision may be extended by the applicant either on the
record or in writing addressed to Borough Council. Where the application
is contested or denied, each decision shall be accompanied by findings
of fact, reasons or conclusions based thereon. Any conclusions based
upon this chapter, the MPC or any 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. A copy of the
decision or, where no decision is called for, of the findings shall
be delivered to the applicant personally or mailed to him no later
than the day following its date.
H.
If, after the conclusion of the public hearing(s), the application
is amended or revised, Borough Council shall hold one or more public
hearings thereon as may be necessary and shall issue a new decision
thereon in conformance with the procedure established in this section.
In the event that Borough Council fails to commence the public hearing
within 60 days from the date of the applicant's request for a hearing
or fails to complete the hearing no later than 100 days after the
completion of the applicant's case in chief, unless extended for good
cause upon application to the Court of Common Pleas, 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 Borough Council failed to commence the hearings, complete
the hearings or render a decision as required by this section, Borough
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 section. If
Borough Council shall fail to provide such notice, the applicant may
do so. Nothing in this section shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction.
7.
Nothing in this section shall be construed to relieve the applicant
for a conditional use approval from obtaining all other required approvals
mandated by the Borough Code as well as other pertinent laws, ordinances
and regulations that have been adopted by local, state and federal
agencies. This may include the submission of a subdivision plan and/or
land development plan to be prepared by the applicant and submitted
to the Borough for review and consideration.
8.
Unless otherwise specified by Borough Council in its decision and
order, a conditional use approval shall expire if the applicant does
not secure a building permit or, if no building permit is required,
then a use and occupancy permit, within 12 months from the date of
the Council's written approval of the conditional use application,
unless the applicant makes written application to Borough Council
for an extension of time, which shall be based upon reasonable cause
shown. No formal hearing shall be required by Borough Council in the
consideration of such application. An extension of time may be granted
by Borough Council for a period of time considered appropriate by
Borough Council.
