[Added 4-9-2018 by Ord.
No. 718]
Borough Council shall have the power to approve or deny all
applications for conditional uses when any proposed use is designated
a conditional use in this chapter.
A.
Written application. All applications for conditional use approval
shall be made in writing, requesting Borough Council to hold a hearing
on such application. The application shall be accompanied by plans
and other material demonstrating compliance with this chapter and
all other applicable requirements for obtaining conditional use approval.
B.
Fees. The applicant shall pay a fee in accordance with a fee schedule
adopted by resolution of Borough Council, as amended from time to
time, at the time of filing an application for conditional use approval.
A.
Review by Planning Commission. The Borough Planning Commission shall
provide an advisory opinion to Borough Council on an application for
conditional use approval prior to the public hearing held by Borough
Council.
B.
Hearing procedures. Borough Council shall conduct hearings and make
decisions on all applications for conditional use approval. The President
of Borough Council shall have the power to administer oaths of witnesses.
Except as otherwise modified by this section, the procedures set forth
in the Pennsylvania Municipalities Planning Code[1] for conditional uses, and the procedures set forth in § 160-133 of this chapter, shall apply.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Borough Council shall grant an application for conditional use
only if it determines that the applicant has established that the
proposed use will meet all of the following general requirements and
standards, as well as any specific requirements and standards applicable
to the proposed use. Borough Council shall require, among other things,
that any proposed use and location be:
A.
Consistent with the Borough's Comprehensive Plan;
B.
Consistent with the spirit, purposes, and intent of this chapter;
C.
In the best interest of the Borough, the community, and the public
welfare;
D.
Not detrimental to other properties in the immediate vicinity of
the proposed use;
E.
Suitable for the property in question and designed, constructed,
operated, and maintained to be in harmony with, and appropriate in
appearance with, the existing or intended character of the general
vicinity;
F.
In conformance with all applicable requirements of this chapter and
all other Borough ordinances;
G.
Suitable in terms of effects on highway traffic and safety with adequate
access arrangements to protect streets from undue congestion and hazards.
Borough Council may attach conditions to the grant of conditional
use approval, in addition to those expressed in this chapter, that
it deems reasonable and necessary to ensure that the proposed use
substantially meets the objectives of this chapter and the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A conditional use approval shall expire on the one-year anniversary
of such approval unless the applicant obtains a zoning permit prior
to such time; provided, however:
A.
If the applicant requires subdivision or land development approval,
the conditional use shall expire if the applicant:
(1)
Fails to file the required subdivision or land development application
within one year of the date of the conditional use approval; or
(2)
Fails to commence construction within two years of the date
of the conditional use approval, unless an extension is granted by
Borough Council for good cause shown;
B.
Borough Council may grant one extension of time, not to exceed one
year, if the applicant requests such an extension in writing and establishes
good cause for such an extension;
C.
A conditional use approval shall expire if such use shall cease to
operate for a period of one year or more.
