A.
The Borough Council shall hear and decide requests for conditional uses within 45 days after the last hearing before the governing body. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefore. Conclusions based on any provisions of this or any other ordinance contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
B.
Where the Borough Council fails to render the decision within the period required by this section or fails to commence, conduct or complete the required hearing as provided in § 908(1.2) of the Pennsylvania Municipalities Code,[1] 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 Allegheny County 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 of failure of the governing body to meet or render a decision as hereinabove provided, the 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 act. If the Borough Council shall fail to provide such notice, the applicant may do so.
[1]
Editor's Note: See 53 P.S. § 10908(1.2).
C.
Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
D.
The Borough Council shall evaluate a conditional use application:
(1)
The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The Borough Zoning Officer shall determine the completeness of the application and either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice, which cites the specific requirements of this chapter, which have not been met, shall be sent to the applicant. The application shall include the following:
(a)
A development plan.
(b)
A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.
(c)
A map showing and identifying all lots within 200 feet of the lot for which conditional use approval is requested and a list of the names and addresses of the owners of these lots from the most recent records of Allegheny County.
(d)
A traffic impact analysis, if required by the requirements of this article.
(e)
Application fee as required.
(2)
The Planning Commission shall be given a written recommendation to Borough Council regarding the conditional use application.
(3)
A public hearing shall be held by the Borough Council pursuant to public notice.
(4)
In granting a conditional use, the Borough Council may attach additional conditions and safeguards in addition to those expressed in this chapter, as it may seem necessary to implement the purposes of the Municipalities Planning Code and this chapter.