Procedure. The ZHB shall consider special exception applications and render its decision in accordance with the requirements of the MPC and this chapter and subject to the following:
A. If land development approval is required for the use by special exception, the application for approval of a land development required by the Subdivision and Land Development Ordinance (SALDO) shall be submitted to the Planning Commission and Borough Council following approval of the use by special exception by the ZHB.
B. Application procedure. The applicant shall submit an application for approval of a special exception to the Zoning Officer or designated staff person of the Borough. The application form shall indicate the Section of this chapter under which the special exception is sought and shall state the grounds upon which it is requested.
C. Application content. An application for approval of a special exception shall include the following:
(1) One copy of the application form provided by the Borough and completed by the applicant. If the applicant is someone other than the landowner, the landowner's authorization of the application and the nature of applicant's interest in the site shall accompany application.
(2) Five paper copies and one electronic copy of a site plan meeting the requirements for a preliminary plan for land development as set forth in Subdivision and Land Development Ordinance (SALDO) and, in addition, demonstrating conformity with all requirements of this chapter.
(3) The Borough Council may charge fees for expenses related to the public hearing pursuant to Article
IX of the MPC and as established by resolution of the Borough Council.
D. Administrative review and determination of complete application. Upon submission of a special exception application, the Borough shall review the application for completeness of required submission items. The Borough shall notify the applicant in writing if the application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee along with any missing material at any time.
E. A hearing pursuant to public notice, as defined herein, shall be commenced by the ZHB within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by this chapter and § 908 of the MPC.
F. Burden of proof. In proceedings involving a request for a use by special exception, both the duty of initially presenting evidence and the burden of persuading the ZHB that the proposed use is authorized as a use by special exception and satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter rest upon the applicant. The applicant shall demonstrate that the request is not detrimental to the health, safety, and welfare of the neighborhood.
G. Conditions. In considering any special exception, the ZHB may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the ZHB deems necessary to implement the purposes of the MPC and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter, and upon finding of violation, shall require that the special exception use be discontinued until the violation is corrected.