The purpose of conditional use regulations is to permit certain uses in particular zones or districts when the conditions described for each use have been fulfilled, as determined by the Summit Hill Borough Council upon recommendation of the Planning Commission.
Decisions for granting or denying conditional use permits shall be made by the Borough Council according to the following procedures:
A. 
Decisions.
(1) 
Decisions for granting or denying conditional use permits shall be made by the Borough Council after its receipt and review of the Planning Commissions recommendation and after it has held the required public hearing in order to hear evidence from involved parties for the purpose of better gauging the potential implications of the proposed use.
(2) 
The Borough Council shall submit the application for the proposed conditional use to the Planning Commission at least 30 days prior to the public hearing on the proposed use to provide the Planning Commission with an opportunity to submit a nonbinding recommendation.
(3) 
The Borough Council shall render a final decision on the application within 45 days after the last public hearing. Where the Borough Council fails to make its decision within the period required, the decision shall be deemed in favor of the applicant.
B. 
Effect of ordinance changes on application:
(1) 
When an application for conditional use has been filed with the Borough Council and the subject matter of such would ultimately constitute either a land development or a subdivision as defined in Article II, no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was filed.
(2) 
Provided, further, should such application be approved by the Borough Council, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or longer, or as may be approved by the Borough Council, following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before the Borough Council.
(3) 
If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of the Pennsylvania Municipalities Planning Code (Act 247, as amended), Section 508(1) through (4), and specifically to the time limitations of Section 508(4),[1] which shall commence as of the date of filing such land development or subdivision plan.
[1]
Editor's Note: See 53 P.S. § 10508.
C. 
Site plan. A plan for the proposed development of a site for a conditional use shall be submitted with the application for a conditional use permit to the Zoning Officer. Such plan shall show the location of all buildings, open space, parking areas, traffic access and circulation, landscaping and any other conditional use with the regulations for that use.
D. 
General standards. Decisions for granting all conditional uses shall be guided by the following general standards:
(1) 
The proposed use shall not jeopardize the objectives of the Comprehensive Plan.
(2) 
Public services and facilities such as streets, sewers, water, police, and fire protection shall be adequate for the proposed use.
(3) 
Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion and for providing for the safety and convenience of pedestrian and vehicular traffic.
(4) 
The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the location and size of the site relative to the proposed operation, and the nature and intensity of the operation involved.
(5) 
The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls, and fences so that property is not impaired.
(6) 
The proposed use shall not be more objectionable in its operations in terms of noise, fumes, vibrations, smoke, fly ash, or lights (such as flashing, neon, flood, spot, etc.) than would be the operations of any permitted use in the district.
(7) 
Any other reasonable conditions and safeguards, in addition to those expressed in this chapter, may be implemented by the Borough Council if it deems it necessary for implementing the purpose of the Pennsylvania Municipalities Planning Code (Act 247, as amended)[2] and this chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.