A conditional use listed in this chapter may be permitted, enlarged or altered upon authorization by the Board of Supervisors in accordance with the standards and procedures of this Part and upon compliance with any special standards for the particular use as set forth in this chapter. In permitting a new conditional use or the alteration of an existing conditional use, the Township may impose, in addition to those standards and requirements expressly specified by this chapter, additional conditions which the Township considers necessary to protect the best interests of the surrounding area or the Township as a whole. Those conditions may include but are not limited to the following:

For any use permitted by conditional use, a conditional use application must be filed with the Board of Supervisors. In addition to the information required on the building permit application, the conditional use application must also show:

The proposed use shall be consistent with the purpose and intent of this chapter.

The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.

The proposed use will not effect a change in the character of the subject property's neighborhood.

Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water, and other utilities, vehicular access, etc.).

The proposed use shall comply with those criteria specifically listed in Parts 9 and 12 of this chapter.

The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan.

Any site plan presented in support of the conditional use shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a building permit.

Any subsequent change to the use on the subject property not reflected on the originally approved site plan, shall require another conditional use approval.

Before voting on the approval of a conditional use the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. The Board of Supervisors shall submit each such application to the Township planning agency at least 30 days prior to the hearing on such application to provide the Township planning agency an opportunity to submit recommendation.

Public notice as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board of Supervisors. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on or near the affected tract of land at least one week prior to the hearing.

The Board of Supervisors may prescribe reasonable fees without respect to hearings. Fees for said hearings may include compensation for the secretary, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural, or other technical consultants, or expert witness costs.

The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person, including, civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors for that purpose.

The Chairman or Acting Chairman of the Board of Supervisors shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

The Board of Supervisors may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors; or shall be paid for by the person appealing the decision of the Board of Supervisors if such appeal is made. The cost of additional copies shall be paid for by the person requesting such copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

The Board of Supervisors shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their Solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearing with any party or his representative unless all parties are given an opportunity to be present.

The Board of Supervisors shall render a written decision, or, when no decision is called for, make written findings on the conditional use request within 45 days after the last hearing before the Board of Supervisors is concluded. The Board of Supervisors in approving conditional use applications may attach such reasonable conditions and safeguards as it may deem necessary.

The grant of approval of a conditional use shall not relieve the applicant from filing and having the Township approve any land development, subdivision, or site plan which may be required by other Township regulations.

The hearing shall be conducted by the Board of Supervisors or the Board of Supervisors 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 of Supervisors. However, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision on the hearing, waive the decision or findings by the Board of Supervisors and accept the decision or finding of the hearing officer as final.

Where the Board of Supervisors fails to render the decision within 45 days of the last 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.