Township of North Newton, PA
Cumberland County
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Table of Contents
Table of Contents
This Zoning Ordinance shall apply throughout North Newton Township. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter.
A. 
The provisions of this chapter shall be enforced by an agent, to be appointed by North Newton Township, who shall be known as the Zoning Officer. The Township may designate an assistant to the Zoning Officer, who shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.
B. 
The duties of the Zoning Officer shall be to:
(1) 
Administer the Zoning Ordinance in accordance with its literal terms;
(2) 
Receive, examine and process all applications and permits as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for conditional uses or for variances after the same have been approved;
(3) 
Record and file all applications for zoning permits and accompanying plans and documents, and keep them for public record;
(4) 
Inspect properties to determine compliance with all provisions of this chapter as well as conditions attached to the approval of variances, conditional uses and curative amendments;
(5) 
Determine the date before which steps for compliance must be commenced and the date before which the steps must be completed. The Zoning Officer shall determine an appropriate duration of time for compliance of the specified activity, not to exceed 30 days. Extensions up to a total of 90 days from the date of receipt of the enforcement notice may be granted at the discretion of the Zoning Officer if applied for in writing;
(6) 
Upon the request of the governing body or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions;
(7) 
Keep this chapter and the Official Zoning Map up-to-date, including any amendments thereto;
(8) 
Revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in the Zoning Ordinance, or otherwise permitted by law;
(9) 
Review proposed subdivisions and land developments for compliance with this chapter;
(10) 
Take enforcement actions as provided by the Pennsylvania Municipalities Planning Code, as amended;[1] and
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(11) 
Make determinations based on the provisions of the Zoning Ordinance which are in accordance with the Pennsylvania Municipalities Planning Code.
A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the Zoning Officer or his/her designee. No zoning permit shall be granted by him/her for any purpose except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment.
A. 
A zoning permit is required to be issued prior to the start of any of the following activities:
(1) 
Erection, construction, movement, placement, razing, demolition, removal, alteration or expansion (vertical or horizontal) of a structure, building or sign;
(2) 
Change of the type of use or expansion of the use of a structure or area of land;
(3) 
Creation of a new use.
B. 
No zoning permit shall be required for repairs or maintenance of any structure or land, provided such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this chapter.
C. 
North Newton Township may, at its option, issue combined or separate building permits, land use permits, and zoning permits and/or may utilize a single or separate application for the permits.
A. 
A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:
(1) 
Short-term special events, provided that only a nonprofit organization or a permitted place of worship proposing a temporary use demonstrates clearly that the proposed use will primarily serve a charitable, public service or religious purpose in order to be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;
(2) 
Temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway;
(3) 
Such other activities that the applicant proves are routine, customary and temporary.
B. 
Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a six-month maximum period shall apply. A temporary permit may be renewed for just cause.
A. 
Submittal.
(1) 
All applications for a zoning permit shall be made in writing on a form provided by the municipality. Such completed application, with required fees, shall be submitted to a designated municipal employee.
(2) 
Application for a zoning permit shall be made by the landowner of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the landowner, it shall be accompanied by a written authorization of the landowner or the qualified person making the application, that the proposed work is authorized by this landowner. The full names and addresses of the landowner and of the responsible officers, if the landowner is a corporate body, shall be stated in the application.
B. 
Site plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new principal building, expansion of a principal building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:
(1) 
Locations, dimensions and uses of existing and proposed structures, parking and loading areas, sidewalks, streets, and location of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features.
(2) 
Notes showing the dimensions of all buildings from lot lines and street rights-of-way.
(3) 
Location of any watercourses and any one-hundred-year floodplain.
(4) 
Proposed lot areas, lot widths and other applicable dimensional requirements.
(5) 
Locations of existing and proposed sanitary sewer disposal facilities and water sources.
C. 
Areas subject to flooding. If the proposed development, excavation or construction is located within an area subject to regulation by Chapter 118, Building Permits; Floodplain Management, the following information is specifically required to accompany all applications, as prepared by a licensed professional:
(1) 
The accurate location and elevation of the floodplain and floodway;
(2) 
The elevation, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), of the lowest floor, including basements;
(3) 
The elevation, in relation to the NGVD, to which all structures and utilities will be floodproofed or elevated;
(4) 
Where floodproofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania, or a licensed professional architect registered by the Commonwealth of Pennsylvania certifying that the floodproofing methods used meet all applicable codes and ordinances.
D. 
Application for zoning permits for uses in the Commercial-Industrial Zone (excluding demolition permits) may include the following, as required by the Zoning Officer:
(1) 
A location plan showing the tract to be developed, zone boundaries, adjoining tracts, significant natural features, and streets for a distance of 200 feet from all tract boundaries;
(2) 
A plot plan certified by a professional surveyor or engineer of the lot showing the location of all existing and proposed buildings, driveways, parking lots showing access drives, circulation patterns, curb cut accesses, parking stalls, access from streets, screening fences and walls, waste disposal fields or other methods of sewage disposal, other construction features on the lot, and the location of all topographical features;
(3) 
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation;
(4) 
Evidence that the disposal of materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Cumberland County which have been contracted to dispose of the materials used and wastes generated on-site. The zoning permit shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future such that the materials used or wastes generated change significantly, either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section;
(5) 
Engineering plans for the handling of traffic, noise, glare, air pollution, water pollution, vibration, fire hazards, or safety hazards, smoke, or emission of any potentially harmful or obnoxious matter or radiation;
(6) 
Designation of the manner by which sanitary sewage and stormwater shall be disposed and water supply obtained;
(7) 
The proposed number of shifts to be worked and the maximum number of employees on each shift; and
(8) 
Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area, and estimated number of employees.
E. 
Uniform Construction Code. Where the proposed use is regulated under the Uniform Construction Code, the applicant shall submit an application of building and/or land use permit, as applicable, concurrently with the zoning permit. A zoning permit will not be issued until satisfactorily meeting the requirements of the Uniform Construction Code.[1]
[1]
Editor's Note: See Ch. 140, Construction Codes, Uniform.
A. 
If an application for a zoning permit does not conform to the provisions of all pertinent local laws, the Zoning Officer shall reject such application in writing, stating the reasons therefor. He shall inform the applicant of his right to appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of the Zoning Ordinance and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, he shall issue a permit therefor as soon as practical but not later than 90 days from receipt of the application.
B. 
The only determination by the Zoning Officer that shall be official shall be a written determination after the Zoning Officer receives a duly submitted written application.
C. 
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all of the above-described requirements, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied.
D. 
The Zoning Officer may call upon other municipal staff and/or municipal appointed consultants in the review of submitted materials for applications.
E. 
Where a zoning permit is required by this chapter, but the work is commenced or changed prior to obtaining such permit, and after notice by the municipality, a fee may be imposed to defray the actual cost to North Newton Township. The increased permit fee shall be required to reflect the additional expense incurred by the Township resulting from the need to inspect the property, respond to any complaints, issue any enforcement notices and/or process the application as soon as it is received. The payment of such increased permit fee shall not relieve any person from complying with all requirements of this chapter or any other applicable ordinances or from any penalties or enforcement actions authorized by this chapter.
F. 
Compliance with chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of the Zoning Ordinance, except as stipulated by the Zoning Hearing Board.
G. 
Compliance with permit and plot plan. All work or uses shall conform to the approved application and plans for which the permit has been issued as well as the approved plot plan.
H. 
Display of zoning permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance, or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its certificate of occupancy.
I. 
Inspections. Inspections of the property in question by the Zoning Officer or other duly appointed official may be required at various intervals during the construction process. By submitting an application for a zoning permit, the landowner authorizes the Township to perform such inspections as required.
J. 
At least one copy of each zoning permit application and any other zoning approvals shall be retained in the Township's files.
K. 
PennDOT permit. Where necessary for access onto a state road, the Township's approval of a zoning or building permit shall be automatically conditioned upon issuance of a PennDOT Highway Occupancy Permit.
L. 
Expiration of zoning permit. Unless the use has been established, the permit shall expire after one year from the date of issuance; provided, however, that the same may be extended one time for one additional year, upon written request by the applicant on a form provided by the Township.
M. 
Reconsideration of application. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a permit provided all deficiencies which were the basis for the prior denial of the permit have been eliminated. Additional fees may apply as set by the governing body.
The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of this chapter in the case of one or more of the following:
A. 
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.
B. 
Upon violation of any condition lawfully imposed by the Zoning Hearing Board for a variance.
C. 
Upon violation of any condition lawfully imposed by the governing body for a conditional use.
D. 
Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application.
If an application under this chapter would also be regulated by Chapter 260, Subdivision and Land Development (SALDO), then any permit or approval under this Zoning Ordinance shall automatically be conditioned upon compliance with the SALDO.
A. 
Minimum requirements. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter are in addition to any other applicable ordinance.
B. 
Uses not specifically regulated. If a use clearly is not permitted by right or conditional use by this chapter within any Zoning District, the use is prohibited, except that the Board of Supervisors may permit such use as a conditional use if the applicant specifically proves to the clear satisfaction of the Board of Supervisors that all of the following conditions would be met:
(1) 
Proposed use would be closely similar in character to uses permitted in that zoning district and would be no more intensive in external impacts and nuisances than uses that are permitted in the zoning district.
(2) 
Use is not specifically prohibited in that zoning district.
A. 
The Zoning Officer shall literally apply the wording of this chapter and the location of all zoning district boundaries to applications. In any case, the Zoning Officer may also request an advisory opinion from the Township Solicitor to aid in the Zoning Officer's determination.
B. 
If an applicant disagrees with the Zoning Officer's determination and believes that the chapter should be interpreted in the applicant's favor, the applicant may appeal to the Zoning Hearing Board.
C. 
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map:
(1) 
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, creeks, railroads and lot lines (according to official county records) as they existed at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
(2) 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
(3) 
The location of a district boundary that divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.
(4) 
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
A. 
All of the enforcement, violations and penalty provisions of the Pennsylvania Municipalities Planning Code (MPC), as amended,[1] are hereby incorporated into this chapter by reference and shall govern when the provisions of this chapter are inconsistent with the MPC.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1) 
Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, or the excavation of land to prepare for the erection, construction or alteration of any structure or portion thereof.
(2) 
Placement of false statements on or omitting relevant information from an application for a zoning permit.
(3) 
Undertaking any action in a manner which does not comply with an approved zoning permit.
(4) 
Violation of any conditions imposed by a decision of the Zoning Hearing Board in granting a variance or other approval.
(5) 
Violation of any condition imposed by a decision of the Board of Supervisors in granting a conditional use.
C. 
Enforcement; cause of action; remedies.
(1) 
Enforcement. If it appears to North Newton Township that a violation of this Zoning Ordinance has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice.
(2) 
Enforcement notice. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record. An enforcement notice shall state the following, at minimum:
(a) 
The name of the owner of record and any other person against whom the municipality intends to take action.
(b) 
The location of the property in violation.
(c) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the Zoning Ordinance.
(d) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
(f) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
(3) 
Evidence and fees. In any appeal of an enforcement notice to the Zoning Hearing Board, North Newton Township shall have the responsibility of presenting its evidence first. Any filing fees paid by a party to an appeal to an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
(4) 
Cause of action. If the enforcement notice is not complied with within the specified time period, the Zoning Officer shall notify the governing body. With the consent of the governing body, the Township Solicitor or other officer of Township may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent in or about such premises, any act, conduct, business or use constituting a violation.
(5) 
Violations and penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by North Newton Township, pay a judgment of not more than $500 plus all court costs, including the reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, North Newton Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless a Magisterial District Judge determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination by the Magisterial District Judge, and thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to North Newton Township. Imprisonment shall not be authorized by this chapter.
The governing body may, by resolution, establish fees for the administration of this chapter. All fees shall be determined by a schedule that is made available to the general public. The governing body may reevaluate the fees schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors.
The Board of Supervisors may from time to time, amend, supplement, change or repeal this chapter including the Official Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission, the Board of Supervisors or by petition to the Board of Supervisors by an interested party. Any such amendment, supplement, change or repeal shall be in accordance with the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Curative amendment by a landowner. A landowner, who desires to challenge on substantive grounds the validity of this chapter or the Official Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Board of Supervisors, including all of the reasons supporting the request to be considered, with a written request that his challenge and proposed amendment be heard and decided as provided in the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Curative amendment by the Township. The Township, by formal action, may declare this chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity in accordance with provisions of the Pennsylvania Municipalities Planning Code, as amended.
A. 
The Board. There shall be a Zoning Hearing Board which shall consist of three members. The establishment, membership (including alternate members), organization, compensation, and operation of the Zoning Hearing Board shall be in accordance with the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Hearings. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code, as amended.
C. 
Effect of Zoning Hearing Board's decision.
(1) 
If a variance is granted, the necessary permit shall be secured and the authorized action begun within two years after the date when the variance is granted. The building or alteration, as the case may be, shall be completed within three years of said date. For good cause, the Zoning Hearing Board may at any time, upon application in writing, extend either of these deadlines;
(2) 
Subject to the final sentence of § 300-154C(1) above, relating to extensions, should the appellant or applicant fail to obtain the necessary permits within said two-year period, or having obtained the permit, should he fail to commence work thereunder within such two-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the Zoning Hearing Board;
(3) 
Should the appellant or applicant commence construction or alteration within said two-year period, but should he fail to complete such construction or alteration within said three-year period, the Zoning Hearing Board may, upon 10 days' notice in writing, rescind or revoke the granted variance, or the issuance of the permit, or permits, or the other action authorized to the appellant or applicant, if the Zoning Hearing Board finds that no good cause appears for the failure to complete within such three-year period, and if the Zoning Hearing Board further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified; and
(4) 
As an alternative to the preceding, an applicant can request, as part of the original application before the Zoning Hearing Board, the granting of a timetable associated with the request which would supersede the deadlines imposed. In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Zoning Hearing Board must establish and bind a definite time frame for:
(a) 
Issuance of a zoning permit; and
(b) 
Completion of construction of the project.
D. 
Zoning Hearing Board's jurisdiction. The Zoning Hearing Board shall have the exclusive jurisdiction to hear and render decisions in accordance with the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Filing requirements for variance requests. In addition to the requirements for a zoning permit, each variance application shall include the following:
(1) 
Names and addresses of adjoining property owners, including properties directly across a public right-of-way;
(2) 
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and
(3) 
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
F. 
Conditions. The Zoning Hearing Board, in approving variance applications, may attach conditions considered necessary to protect the public welfare, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions will constitute a violation of this chapter.
G. 
Site plan approval. Any site plan presented in support of a variance shall become an official part of the record for said variance. Approval of any variance will also bind the use in accordance with the submitted site plan.
A. 
Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors. In addition to the information required on the zoning permit application, the conditional use application must show:
(1) 
Names and addresses of adjoining property owners, including properties directly across a public right-of-way;
(2) 
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and
(3) 
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
B. 
Conditions. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this Zoning Ordinance. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter.
C. 
Site plan approval. Any site plan presented in support of the conditional use shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
D. 
Hearing procedures.
(1) 
Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. The Board of Supervisors shall submit each such application to the Township Planning Commission at least 30 days prior to the hearing held upon an application to provide the Township Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an application, the proposed application is revised, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application;
(2) 
The Board of Supervisors shall conduct all conditional use hearings in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Time limitation.
(1) 
If a conditional use is granted, the necessary permit shall be secured and the authorized action begun within two years after the date when the conditional use is granted, and the building or alteration, as the case may be, shall be completed within three years of said date. For good cause, the Board of Supervisors may at any time, upon application in writing, extend either of these deadlines;
(2) 
Subject to the final sentence of Subsection E(1) above relating to extensions, should the appellant or applicant fail to obtain the necessary permits within said two-year period, or having obtained the permit should he fail to commence work thereunder within such two-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his application, and all approvals and permits granted to him shall be deemed automatically rescinded by the Board of Supervisors;
(3) 
Should the appellant commence construction or alternation within said two-year period, but should he fail to complete such construction or alteration within said three-year period, the Board of Supervisors may, upon 10 days' notice in writing, rescind or revoke the granted conditional use, if the Board of Supervisors finds that no good cause appears for the failure to complete within such three-year period, and if the Board of Supervisors further finds that conditions have altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified; and
(4) 
As an alternative to the preceding, an applicant can request, as part of the original application before the Board of Supervisors, the granting of a timetable associated with the request which would supersede the deadlines imposed. In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Board of Supervisors must establish and bind a definite time frame for:
(a) 
Issuance of a zoning permit; and
(b) 
Completion of construction of the project.