ORDINANCE NO. 148
AN ORDINANCE
AMENDING THE ZONING
ORDINANCE OF
IT IS HEREBY ENACTED AND
ORDAINED by the Board of Supervisors of Kennett Township,
SECTION 1.
Article XIII, Section 1325.D.1 is deleted in its entirety and replaced by
the following:
D. Procedures.
1.
(a)
Application for Conditional Use approval shall be deemed complete when
the Township is in receipt of the accompanying fee, plan(s) for development,
site analysis, and market analysis if required. Upon receipt of a completed
application for Conditional Use approval, the Secretary of the Township shall
submit the application for recommendation to the Planning Commission. Upon
receipt of the application and proposed site analysis when required, the
Planning Commission shall review the Conditional Use request with the applicant
either at its regularly scheduled meeting or at a special meeting as may be
necessary to meet the required schedule defined herein. If the Planning
Commission does not render a decision to meet said schedule, then it shall be
deemed that the Planning Commission recommends approval of the application.
The Board of Supervisors shall hold a public hearing in accordance with
the procedures set forth in Section 1804 Public Hearing Procedures
for hearings conducted by the Zoning Hearing Board, as applicable. The hearing
shall be conducted by the board or the board may appoint any member or an
independent attorney 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 the applicant, as the case may be, in addition
to the municipality may, prior to the decision of the hearing, waive decision or
findings by the board and accept the decision or findings of the hearing officer
as final.
Ordinance No. 148
Page 2
1.
(b) The public
hearing shall be commenced at a date no later than sixty (60) days from the date
the application was filed. If after any public hearing, the application is
amended or changed substantially, the Board of Supervisors will hold another
public hearing pursuant to public notice as aforesaid. The Board of Supervisors
shall render its decision on the
Conditional Use application within one hundred (100) days after the completion
of the applicant’s case unless extended for good cause upon application to the
court of common pleas. Where the governing body fails to commence the required
hearing or fails to render its decision within the periods required by this
subsection, 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 governing body 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 governing body
shall fail to provide such notice, the applicant may do so.
ENACTED AND ORDAINED
this 17th day of November 2003.
BOARD OF SUPERVISORS
ATTEST:
____________________________________
______________________
Secretary-Treasurer
____________________________________
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Charles G. Shoemaker