§ 265-505 CONDITIONAL USE APPLICATION PROCESS

§ 265-505        Conditional Use Application Process

1. A complete application shall be submitted to the zoning officer at least 21 days prior to the next regularly scheduled monthly Planning Commission.
2. Three copies of all application materials and reports and seven copies of all plans and drawings shall be submitted with all applications.
3. The Borough Council shall hold a public hearing, per public notice within 60 days of the filing of a complete application. In addition, written notice of said hearing shall be conspicuously posted on the affected tract or tracts of land or water body at least one week prior to the public hearing. Where a hearing officer has been designated, the officer shall preside over the hearing.
4. A decision and accompanying findings of fact shall be issued within 45 days after the conclusion of the aforesaid hearing. The Borough Council or hearing officer may attach conditions to any approval that either finds are necessary to permit the conditional use in a manner consistent with this ordinance and this article in particular. A condition of approval shall include the receipt of the applicant’s signature, indicating acceptance of the findings of fact and conditions, if any, within 30 days of approval, wherein the failure of the applicant to submit the aforesaid acceptance shall be deemed a denial of the conditional use. A copy of the decision shall be filed at the Borough Office. The decision shall be mailed to the applicant no later than one day following the date of the decision.
5. Where the Borough Council fails to render the decision within 45 days of the conclusion of the required public hearing or fails to commence the required hearing 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 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 the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within ten 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.
6. Failure to comply with all conditions and standards attached to a specific conditional use in any zoning district within sixty (60) days of occupancy and full operation of said use, shall render the conditional use status null and void and subject the owner of the property and/or owner of the business or land use to all enforcement remedies available to the Borough of Tarentum.