[Added 11-9-1993 by Ord. No. 1102]
The uses listed in and designated by § 310-90 of this chapter as conditional uses may be permitted in the districts and subject to the requirements and conditions set forth in that section by the Council of the Borough after a public hearing conducted by the Council and after receipt of recommendations from the Borough's Planning Commission.
In the approval process for conditional uses, the Planning Commission may have the power to recommend and the Council shall have the power to enforce such conditions as are incorporated in other applicable sections of this chapter necessary to protect, preserve and promote the health, safety and welfare of the community.
A. 
Applications. A written application for conditional use approval shall be filed with the Zoning Officer, which application shall contain or be accompanied by a site plan and such other pertinent data information necessary to assure the fullest practicable presentation of all the relevant facts concerning the application, and a notarized statement by at least one of the owners of the subject property attesting to the truth and correctness of all facts and information presented with the application. A fee in an amount as established from time to time by resolution of Borough Council shall be paid upon the filing of each such application.
[Amended 5-22-2012 by Ord. No. 1247]
B. 
Planning Commission review. At the first regular meeting of the Planning Commission following receipt of a complete and properly filed application for approval of a conditional use, the Planning Commission shall forward a written recommendation to the Borough Council regarding the application.
[Amended 3-27-2007 by Ord. No. 1217A]
C. 
Action by Borough Council.
[Amended 3-27-2007 by Ord. No. 1217A]
(1) 
The Borough Council shall hold a public hearing on the application for approval of a conditional use within 60 days of the date of receipt of a complete and properly filed application. The public hearing may be continued, if warranted, to receive additional relevant testimony.
(2) 
The Borough Council shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
(3) 
In considering an application for conditional use approval, the Borough Council may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this chapter. A violation of such conditions, when made a part of the terms and conditions under which the conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of this chapter.
D. 
Additional costs. The applicant must pay any other costs incurred by the Council, including, but not limited to, solicitor's fees, engineer's fees, stenographic and reporting fees and reproduction costs.