Zoning Officer. The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Supervisors, who shall be known as the Zoning Officer. The Zoning Officer shall receive such fees or compensation as the Board of Supervisors may provide. The Zoning Officer shall not hold any elective office within the Township. The Board of Supervisors may, by resolution, designate an employee or employees of the Township as Deputy Zoning Officers. The Deputy Zoning Officers shall exercise all the powers of the Zoning Officer during the Zoning Officer's temporary absence or disability, for time periods designated in writing by the Zoning Officer, and delivered to the Deputy and to the Chair of the Board of Supervisors at the Township Office. In the event the Zoning Officer is unable to give such written notice, the Board of Supervisors may direct, in writing, a Deputy to act as Zoning Officer;

Duties. The Zoning Officer shall have the power and authority to perform all of the following functions:

Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of the chapter and any conditions placed upon the approval of special exceptions, variances, and conditional uses. Each day that a violation is continued shall constitute a separate offense.

If it appears to the Zoning Officer that a violation of this chapter enacted under the Act or prior enabling laws has occurred, he/she shall initiate enforcement proceedings by sending an enforcement notice, as provided in the following:

Permits required.

Application for zoning permits shall be made in writing to the Zoning Officer on a form specified for such purpose;

Application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by an agent of the owner or lessee, the application shall note that the agent is acting on behalf of the owner or lessee. The full names and addresses of the owner, lessee, agent, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application;

Application for a permit shall be accompanied by a fee as prescribed by the Board of Township Supervisors pursuant to resolution. No application shall be considered complete or permit issued without payment of the required fee. The payment of fees under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter or by another ordinances or law;

Such zoning permits shall be granted or refused within 90 days from the date of submission of evidence of compliance with all applicable local, county, state and federal requirements;

No zoning permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts;

In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all the requirements of this chapter, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied;

The Zoning Officer may call upon other Township staff and/or Township-appointed consultants in the review of submitted materials for applications;

The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter, in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter;

Issuance of permits.

Reconsideration of application. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a permit, provided all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to make a new inspection of the application if this condition is not met;

Expiration of permit. The permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional one year upon good cause shown to the Zoning Officer by written application;

Compliance with chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel or set aside any of the provisions of this chapter, except as stipulated by the Zoning Hearing Board, or, where applicable under this chapter, the Board of Supervisors so stipulates;

Compliance with permit and plot plan. All work or uses shall conform to the approved application and plans for which the permit has been issued, as well as the approved plot plan;

Display of zoning permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling, or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance, or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its certificate of use and occupancy;

Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time under a condition of emergency, which activities may be prohibited by other provisions of this chapter. The Zoning Officer shall issue a temporary use permit when the use:

Applications shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land, and shall be accompanied by plans in duplicate drawn to scale and showing the following:

If the proposed development, excavation or construction is located within the Floodplain Zone, the following information is specifically required to accompany all applications:

Applications for permits for agricultural or nonagricultural uses involving earth disturbance of 5,000 square feet or more, where any of the following conditions apply, shall require submission of written evidence that the proposed activity/use has an erosion and sediment pollution control plan, that meets with the approval of the Lancaster County Conservation District:

A location plan showing the tract to be developed, zone boundaries, adjoining tracts, significant natural features, and streets for a distance of 200 feet from all tract boundaries;

A plot plan of the lot showing the location of all existing and proposed buildings, driveways, parking lots showing access drives, circulation patterns, curb cut accesses, parking stalls access from streets, screening fences and walls, waste disposal fields or other methods of sewage disposal, other construction features on the lot, and the location of all topographical features;

A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation;

Engineering plans for treatment and disposal of sewage and industrial waste, tailings or unusable by-products;

Engineering plans for the handling of traffic, noise, glare, air pollution, water pollution, vibration, fire hazards, or safety hazards, smoke, or emission of any potentially harmful or obnoxious matter or radiation;

Designation of the manner by which sanitary sewage and stormwater shall be disposed and water supply obtained;

The proposed number of shifts to be worked and the maximum number of employees on each shift; and

Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area, and estimated number of employees.

It shall be unlawful to use and/or occupy any structure, building, sign, and/or land or portion thereof for which a permit is required herein, until a certificate of use and occupancy for such structure, building, sign, and/or land or portion thereof has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a zoning permit is filed with the Zoning Officer as required herein;

The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe and may be made on the same application as is required for a zoning permit;

The application shall contain the intended use and/or occupancy of any structure, building, sign and/or land or portion thereof for which a zoning permit is required herein;

The Zoning Officer shall inspect any structure, building, or sign within 30 days upon notification that the proposed work that was listed under the permit has been completed, and if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of use and occupancy for the intended use listed in the original application;

The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times;

Upon request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building, sign and/or land, or portion thereof, before the entire work covered by the permit shall have been completed, provided such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. Such temporary certificate shall be for a period of time to be determined by the Zoning Officer, however, in no case for a period exceeding six months. Should the holder of a temporary certificate of use and occupancy for a nontemporary use not complete all work covered by the zoning permit within said six-month period, the temporary certificate of occupancy is considered to be expired and the applicant in violation of this chapter.

A certificate of use and occupancy shall not be issued for structures and buildings located in subdivisions requiring improvement guarantees, unless the structure or building abuts either a roadway which has been accepted by the Township for dedication, or abuts upon a street which has curbing, if required, and a mud-free stone base; and

In commercial and industrial zones in which operation standards are imposed, no certificate of use and occupancy shall become permanent until 30 days after the facilities are fully operational when, upon a reinspection by the Zoning Officer, it is determined that the facilities are in compliance with all operation standards.

Public hearing. Before voting on the enactment of Zoning Ordinance and/or Zoning Map amendments, the Board of Supervisors shall conduct a public hearing to inform the general public of the nature of the amendment and to obtain public comment. Such public hearing shall be conducted after public notice and electronic and/or mailed notice (as defined herein and listed below) has been given.

Public notice. Before conducting a public hearing, the Board of Supervisors shall provide public notice as follows:

Electronic and/or mailed notice. In addition to the public notice requirements defined herein, an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within a municipality, may request that the municipality provide written or electronic notice of a public hearing which may affect such tract or parcel of land.

Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered, and a reference to a place within the Township where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding § 220-150B(2).

Township Planning Commission referrals.

Lancaster County Planning Commission referrals. All proposed amendments shall be submitted to the Lancaster County Planning Commission at least 45 days prior to the public hearing on such amendments. The Commission may submit recommendations to the Board of Supervisors; however, if the Lancaster County Planning Commission fails to act within 45 days, the Board of Supervisors may proceed without its recommendations.

Adjournment of public hearing. If, during the public hearing process, the Board of Supervisors needs additional time to understand the proposal, inform the public, receive public comment, and/or render a decision, it may adjourn the public hearing to a time and place certain.

Within 30 days after enactment, a copy of the amendment to the chapter shall be forwarded to the Lancaster County Planning Commission.

Public hearing. Before hearing and enacting zoning ordinance and/or Zoning Map amendments, the Board of Supervisors shall commence a public hearing within 60 days of the request to inform the general public of the nature of the amendment, and to obtain public comment. Such public hearing shall be conducted after public notice (as defined herein and listed below) has been given.

Public notice. Before conducting a public hearing, the Board of Supervisors shall provide public notice as follows:

Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered, and a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge, or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described above;

The Board of Supervisors may prescribe reasonable fees with respect to hearings. Fees for said hearings may include compensation for the secretary and members of the Board of Supervisors, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Board of Supervisors, expenses for engineering, architectural or other technical consultants or expert witness costs;

The hearings 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;

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 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 or the hearing officer presiding shall have 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 or the hearing officer, as the case may be, shall 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 hearing officer, or shall be paid by the person appealing the decision of the Board of Supervisors if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof;

The Board of Supervisors or the hearing officer 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 hearings with any party or his representative unless all parties are given an opportunity to be present;

Township Planning Commission referrals. For amendments proposed by parties other than the Township Planning Commission, the Board of Supervisors shall submit each amendment at least 30 days prior to public hearing to the Township Planning Commission for review and comment. The Township Planning Commission shall submit a report of its review, together with any recommendations, to the Board of Supervisors within 45 days from the date of said referral. The recommendation of the Township Planning Commission may include a specific statement as to whether or not the proposed amendment is in accordance with the intent of this chapter and any officially adopted Comprehensive Plan of the Township. The Board of Supervisors cannot act upon the amendment until it has received a recommendation from the Township Planning Commission; however, should the Township Planning Commission fail to submit its recommendation within 45 days, the Board of Supervisors may proceed without its recommendation;

Lancaster County Planning Commission referrals. All proposed amendments shall be submitted to the Lancaster County Planning Commission at least 30 days prior to public hearing on such amendments. The Lancaster County Planning Commission may submit recommendations to the Board of Supervisors within 45 days of such referral. The Board of Supervisors cannot act upon the amendment until it has received a recommendation from the Lancaster County Planning Commission; however, should the Lancaster County Planning Commission fail to submit its recommendation within 45 days, the Board of Supervisors may proceed without its recommendation;

The Municipal Solicitor shall represent and advise the Board of Supervisors during the hearings. Additionally, the Board of Supervisors may retain an independent attorney to defend the challenged ordinance or map and present suitable witnesses for that purpose.

In reviewing the curative amendment, the Board of Supervisors may deny the request, accept the request as submitted, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

The Board of Supervisors shall render its decision within 45 days after the conclusion of the last hearing;

If the Board of Supervisors fails to act on the landowner's request within the time limits referred to in the above Subsection F(16), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing;

The challenge shall be deemed denied when:

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board of Supervisors not later than the last day of the hearing, the Board of Supervisors shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined;

Adjournment of public hearing. If, during the public hearing process, the Board of Supervisors needs additional time to understand the proposal, inform the public, receive public comment, and/or render a decision, it may adjourn the public hearing to a time and place certain;

Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the Lancaster County Planning Commission;

Where, after the effective date of the Act, a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 220-142A, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the Act shall apply;[1]

Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary;

At such time as the Township officially adopts a multimunicipal comprehensive plan but has not adopted a joint municipal ordinance, and all municipalities participating in the multimunicipal comprehensive plan have adopted and are administering zoning ordinances generally consistent with the provisions of the multimunicipal comprehensive plan, and a challenge is brought to the validity of this chapter involving a proposed use, then the Board of Supervisors shall consider the availability of uses under zoning ordinances within the municipalities participating in the multimunicipal comprehensive plan within a reasonable geographic area and shall not limit its consideration to the challenge of this chapter.

The Board of Supervisors, by formal action, may declare this chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Board of Supervisors shall:

Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate or reaffirm the validity of this chapter, pursuant to the provisions required by Section 609 of the Act, in order to cure the declared invalidity of the chapter;

Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the chapter under § 220-142A, subsequent to the declaration and proposal, based upon the grounds identical to, or substantially similar to, those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of, this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which the Board of Supervisors propose to prepare a curative amendment; and

The Board of Supervisors, having utilized the procedures as set forth in this section, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of the chapter; provided, however, that if, after the date of declaration and proposal, there is a substantially new duty or obligation imposed upon the Township by virtue of a decision by any court of competent jurisdiction, the Board of Supervisors may utilize the provisions of this section to prepare a curative amendment to the chapter to fulfill this duty or obligation;

Ground floor plans and elevations of proposed structures;

Names and addresses of adjoining property owners, including properties directly across a public right-of-way;

A clear and legible site plan drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, or 50 feet to the inch; and

A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.

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.);

For development within the Floodplain Zone, that the application complies with those requirements listed in East Cocalico Township's Floodplain Zone;

The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter;

The proposed use will not substantially impair the integrity of the Comprehensive Plan; and

The proposed use shall comply with the Corridor Assessment Policy.

Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. As an alternative, the Board of Supervisors may appoint any one of its members or an independent attorney to act as a hearing officer. The Board of Supervisors shall submit each such application to the Township Planning Commission at least 30 days prior to the hearing on such application, to provide the Township Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an application, the proposed application is revised, the Board of Supervisors or hearing officer shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application;

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 by ordinance, 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 ordinance or, in the absence of ordinance provision, 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 the affected tract of land at least one week prior to the hearing;

The Board of Supervisors may prescribe reasonable fees with 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 or hearing officer, and any other person, including civic or community organizations permitted to appear by the Board of Supervisors or hearing officer. The Board of Supervisors or hearing officer shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors or hearing officer for that purpose;

The Chairman or Acting Chairman of the Board of Supervisors or hearing officer shall have 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 or hearing officer 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 hearing officer, or shall be paid by the person appealing the decision of the Board of Supervisors or hearing officer if such appeal is made, and, in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof;

The Board of Supervisors or hearing officer shall not communicate, directly or indirectly, with any party or his representative 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 hearings 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 application within 45 days after the last hearing before the Board of Supervisors. However, the applicant and the municipality may, prior to the decision of the hearing, waive the decision or findings by the Board of Supervisors and accept the decision or findings of the hearing officer as final. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on, and the reasons why the conclusion is deemed appropriate in the light of the facts found;

The first hearing before the Board of Supervisors or its hearing officer shall be commenced within 60 days from the date of the receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board of Supervisors or its hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to be the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon request of the applicant, the Board of Supervisors or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal. Where the Board of Supervisors or hearing officer fails to render the decision within the period required by this subsection, or fails to commence, conduct or complete the required hearing as 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 the failure of the Board of Supervisors or hearing officer to meet or render a decision as hereinabove provided, the Board of Supervisors or hearing officer shall give public notice of the decision within 10 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 Board of Supervisors or hearing officer shall fail to provide such notice, the applicant may do so; and

Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.

If a conditional use is granted, the necessary permit shall be secured, and the authorized action begun, within two years after the date when the conditional use is finally granted, and the building or alteration, as the case may be, shall be completed within four years of said date. For good cause, the Board of Supervisors may, at any time, upon application in writing, extend either of these deadlines;

Should the appellant or applicant fail to obtain the necessary permits within said two-year period, or, having obtained the permit, should he fail to commence work thereunder within such two-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his application, and all approvals and permits granted to him shall be deemed automatically rescinded by the Board of Supervisors;

Should the appellant commence construction or alteration within said two-year period, but should he fail to complete such construction or alteration within said four-year period, the Board of Supervisors may, upon 10 days' notice in writing, rescind or revoke the granted conditional use, if the Board of Supervisors finds that no good cause appears for the failure to complete within such four-year period, and if the Board of Supervisors further finds that conditions have altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified; and

As an alternative to the preceding, an applicant can request, as part of the original application before the Board, the granting of a timetable associated with the request which would supersede the deadlines imposed in Subsection F(1) to (3). In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Board must establish and bind a definite time frame for: