In any instance where the Board of Supervisors is required to consider a request for a conditional use in accordance with the provisions of this chapter, the following shall apply:
A. Procedure.
(1) An application or request for a conditional use shall be filed with the Zoning Officer on such forms as may be prescribed by
§ 208-145B of this chapter and, where applicable, such other plans and drawings as may be required by the provisions of the district in which the conditional use is sought. Upon receipt, the Zoning Officer shall refer such application and plans to the Planning Commission which shall, in turn, schedule a public meeting to discuss and review the application prior to submitting its recommendation to the Board of Supervisors.
(2) If the Planning Commission fails to render a decision within 60 days from the date that the application is filed, it shall be deemed that the Commission recommends approval of the application.
(3) After notification by the Zoning Officer that an application has been filed, the Board of Supervisors shall fix a time and place for a public hearing to consider the application and shall give public notice thereof in accordance with the provisions of
§ 208-147 of this chapter. Such public hearing shall be held within 90 days from the date of application. If after a public hearing the application is amended to a significant degree, the Board of Supervisors shall hold another public hearing following public notice thereof.
(4) The Board of Supervisors may appoint any member of the Board or an independent attorney to serve as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board. However, the appellant or applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive the decision or findings by the Board and accept the decision or findings of the hearing officer as final.
(5) The Board of Supervisors shall render a decision within 45 days from the last public hearing. Where the Board fails to render the same within 45 days, the decision shall be deemed to have been in favor of the applicant.
(6) The Board of Supervisors may require a memorandum setting for the terms and conditions of approval in a form acceptable to the Township Solicitor and signed by the applicant to be duly recorded in the Office of the Recorder of Deeds of Chester County.
B. Criteria for review of proposed conditional use.
The criteria and standards contained in § 208-150 for the review of requests for special exceptions and variance shall be considered by the Planning Commission and Board of Supervisors in evaluating a proposed conditional use.
C. Effect of conditional use approval.
A use for which a conditional use is granted shall be deemed to be a conforming use in the zoning district in which such use is located.
D. Extension.
A use of a building or a lot authorized as a conditional use, either by decision of the Board of Supervisors or by the enactment of or amendment to this chapter, may be extended within the building or upon the lot only when authorized as a conditional use.
E. Changes.
A use of a building or a lot authorized as a conditional use, either by decision of the Board of Supervisors or by the enactment of or amendment to this chapter, may be changed to a use permitted by right without further approval.
F. Expiration of conditional use.
Unless otherwise specified by the Board of Supervisors, a conditional use shall expire if the applicant fails to obtain a building permit or apply for subdivision or land development approval, as applicable, within 12 months from the date of authorization thereof, or if, having obtained said building permit, the applicant fails to commence work thereunder within six months from the date of issuance of said permit. A conditional use approval for a development in the Trout Creek Stormwater Overlay District (TCS) shall not expire for either:
(1) A period of five years; or
(2) For a period of 10 years, if the TCS improvements, including public, quasi-public and private, have been substantially completed, the public stormwater improvements are substantially completed and operational, and the balance of the work has been financially guaranteed in a format satisfactory to the Board of Supervisors.
