Administer this chapter in accordance with its literal terms.

Receive, examine and process all applications and permits as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved by the body having the respective jurisdiction.

Receive and process all requests for reasonable accommodation under the Fair Housing Amendments Act and/or the American Disabilities Act, as applicable. Criteria and procedures for the handling of such requests shall be in accordance with Subsection C.

Review proposed subdivisions and land developments for compliance with this chapter.

Determine the date before which steps for compliance must be commenced and the date before which the steps must be completed. The Zoning Officer shall determine an appropriate duration of time for compliance of the specified activity, not to exceed 30 days. Extensions up to a total of 90 days from the date of receipt of the enforcement notice may be granted at the discretion of the Zoning Officer if applied for in writing.

Record and file all applications for zoning permits, certificates of use and occupancy, and other permits as may be set forth in this chapter and accompanying plans and documents, and keep them for public record.

Inspect properties to determine compliance with all provisions of this chapter as well as conditions attached to the approval of variances, special exceptions, conditional uses and curative amendments.

Upon the request of the Lemoyne Borough Council, or the Lemoyne Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions.

Be responsible for keeping this chapter and the Official Zoning Map up-to-date, including any amendments thereto.

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, or otherwise permitted by law.

Take enforcement actions as provided by the Municipalities Planning Code (MPC), as amended.[1]

The Borough shall grant requests for reasonable accommodations if such requests provide equal housing and accessibility opportunities to persons with disabilities, and such requests do not constitute substantial changes or deviations to standards and provisions of this chapter.

Persons requesting reasonable accommodation under the Fair Housing Amendments Act and/or the Americans with Disabilities Act, shall submit a request in writing to the Zoning Officer, which shall, at a minimum, include the following information:

The Zoning Officer, at his discretion, may hold any meetings and/or hearings to solicit information or argument pertinent to the request for accommodation.

The Zoning Officer's decision shall be in writing and state the reasons for the decision, including references to the specific sections of this chapter and any other relevant and related chapters of the Code of the Borough.

The Zoning Officer shall issue his written decision to the applicants and the Borough within 30 days of filing of the request for accommodation.

A request for reasonable accommodation should be directed in the first instance to the Zoning Officer. In considering a request for reasonable accommodation, the Zoning Officer shall, with the advice of the counsel of the Borough Solicitor and/or Borough Engineer, apply the following criteria:

Persons aggrieved by the Zoning Officer's determination may appeal to the Lemoyne Zoning Hearing Board in accordance with this Article XII of this chapter relating to Zoning Hearing Board.

Use, occupation, erection, construction, reconstruction, addition, conversion, alteration, movement, razing, demolition, removal, placement or extension (vertical or horizontal) of any structure or building.

Change in the type of use and expansion of the use of a structure, building, or area of land, including nonconformities.

Creation or establishment of a new use of a structure, building, or area of land.

Other activities required to have a permit and/or approval by this chapter.

No zoning permit shall be required for repairs or routine maintenance of any structure, building, or land, provided such repairs or maintenance do not change the use or the exterior dimensions of the structure, building, or otherwise violate the provisions of this chapter.

All applicable regulations of this chapter.

Any conditions imposed upon the site by the Lemoyne Zoning Hearing Board or the Lemoyne Borough Council.

Any recorded subdivision or land development plan.

However, such temporary certificate shall only be issued if the applicant proves to the Zoning Officer that the activity or occupancy can occur safely without endangering public health or safety.

The temporary certificate shall establish in writing a maximum time period under which it is valid. A six-month maximum time period shall apply if not otherwise specified.

Failure to receive a permanent certificate of use and occupancy within such time period shall be a violation of this chapter.

The temporary certificate may be conditioned upon compliance with certain specific requirements within certain time periods.

Customary, routine, and accessory short-term special events, provided that only a well-established nonprofit organization or a permitted place of worship proposing a temporary use demonstrates clearly that the proposed use will primarily serve a charitable, public service or religious purpose in order to be eligible to receive approval for commercial or business-type activities in a zoning district where a commercial or business use would not otherwise be permitted.

Temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway.

Such other activities that the applicant proves are routine, customary and temporary, including those specific "temporary" uses and structures set forth in Article VII of this chapter.

The approximate layout of the lot, with lot width, lot area and other applicable dimensional standards and requirements.

The total number of lots, units of occupancy, density and proposed land use. If multiple land uses are proposed, the location of each land use shall be indicated.

The approximate location and configuration of existing and proposed buildings, structures, parking compounds, loading areas, streets, access drives, driveways, minor access streets, sidewalks, easements, and general stormwater management facilities and locations, with existing features clearly distinguished from proposed features.

Setback lines and yards with notes showing the dimensions of all structures and buildings from lot lines and street rights-of way.

Location of any watercourses and any one-hundred-year floodplain.

Address of the lot.

Name and address of the applicant, and of the owner of the property if different from the applicant.

Description of the proposed use of the property.

All other applicable information listed on the official Borough of Lemoyne application form.

Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.

Applications for zoning and/or building permits involving the construction of new principal buildings or additions/expansions to existing principal buildings, etc., in the Development Compatibility Overlay Zoning District (DCO) shall be submitted with the information required in Article VI of this chapter relating to Development Compatibility Overlay Zoning District (DCO).

A location map showing the tract to be developed, zoning district boundaries, adjoining tracts, significant natural features including wetlands, stands of trees, streams, etc., and streets for a distance of 200 feet from all tract boundaries.

A plot/site plan, certified by a qualified professional land surveyor, engineer, or landscape architect licensed and registered to practice in the Commonwealth of Pennsylvania, of the lot showing the location of all existing and proposed buildings, structures, access drives, driveways, circulation patterns, curb cuts and lot access, parking compounds, screening, fences and walls, buffer yards, waste disposal or other methods of sewage disposal, other construction features on the lot, and the location of all topographical features.

An hours of operation and management plan as required in Article VII of this chapter relating to hours of operation and management plan, as applicable.

A schematic architectural drawing of the principal building(s) front facade(s).

Submission, approval, and recording information subdivision and/or land development plan in accordance with Chapter 480 relating to subdivision and land development, as required.

Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (Note: Title 18 the Pennsylvania Crimes and Offenses Code provides for penalties for providing false information to a municipal employee in the carrying out of his duties.)

Upon violation of any condition lawfully imposed by the Lemoyne Zoning Hearing Board for a special exception use or a variance.

Upon violation of any condition lawfully imposed by the Lemoyne Borough Council for a conditional use.

Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application.

Any other just cause set forth in this chapter.

Issue the applicable permit(s); or

Deny the application(s) as submitted, indicating one or more reasons in writing to the applicant.

The Zoning Officer shall literally apply the wording of this chapter and the location of all zoning district boundaries to applications; see Article I of this chapter relating to zoning districts and map. In any case, the Zoning Officer may also request an advisory opinion from the Borough Solicitor and/or Borough Engineer, or the Lemoyne Zoning Hearing Board Solicitor to aid in the Zoning Officer's determination.

If an applicant disagrees with the Zoning Officer's determination and believes that the chapter should be interpreted in the applicant's favor, the applicant may appeal to the Lemoyne Zoning Hearing Board.

Failure to secure a zoning permit prior to pursuing any activity listed in Article XII of this chapter relating to permits and certificates.

Placement of false statements on or omitting relevant information from an application for a zoning permit.

Undertaking any action in a manner which does not comply with an approved zoning permit.

Violation of any conditions imposed by a decision of the Lemoyne Zoning Hearing Board in granting a variance, special exception, or other approval.

Violation of any condition imposed by a decision of the Lemoyne Borough Council in granting a conditional use.

Enforcement. If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice. Prior to sending an official enforcement notice, the Zoning Officer may, at his option, informally request compliance.

Enforcement notice. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record. If the owner of record of the parcel of which the violation has occurred is not to whom the zoning permit was issued, then the enforcement notice shall also be sent to the person(s) whom the zoning permit was granted. An enforcement notice shall state the following, at minimum:

Evidence and fees. In any appeal of an enforcement notice to the Lemoyne Zoning Hearing Board, the Borough of Lemoyne shall have the responsibility of presenting its evidence first. Any filing fees paid by a party to an appeal of an enforcement notice to the Lemoyne Zoning Hearing Board shall be returned to the appealing party by the Borough of Lemoyne if the Lemoyne Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.

Cause of action. If the enforcement notice is not complied with within the specified time period, the Zoning Officer shall notify the Lemoyne Borough Council. With the consent of the Lemoyne Borough Council, the Borough Solicitor or other officer of the Borough of Lemoyne may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent in or about such premises, any act, conduct, business or use constituting a violation.

Violations and penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough of Lemoyne, pay a judgment of not more than $500, plus all court costs, including the reasonable attorney's fees incurred by the Borough of Lemoyne as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough of Lemoyne may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless a Magisterial District Judge determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Borough of Lemoyne. Imprisonment shall not be authorized by this chapter.

Public notice. Before conducting a public hearing, the Lemoyne Borough Council shall provide public notice as follows:

Enactment notice. In addition to the public notice requirements defined herein, the Lemoyne Borough Council must publish a reference to the time and place of the meeting at which passage of this chapter or amendment will be considered, and a reference to a place within the Borough 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 Borough 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 subsection.

Lemoyne Borough Planning Commission referrals. For amendments proposed by interested parties other than the Lemoyne Borough Planning Commission, the Lemoyne Borough Council shall submit each amendment at least 30 days prior to public hearing to the Lemoyne Borough Planning Commission for review and comment. Lemoyne Borough Planning Commission shall submit a report of its review, together with any recommendations, to the Lemoyne Borough Council within 45 days from the date of said referral. The recommendation of the Lemoyne Borough 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 the most recent version of the Lemoyne Borough Comprehensive Plan. The Lemoyne Borough Council cannot act upon the amendment until it has received a recommendation from the Borough Planning Commission; however, should the Lemoyne Borough Planning Commission fail to submit its recommendation within 45 days, the Lemoyne Borough Council may proceed without its recommendation.

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

Adjournment of public hearing. If, during the public hearing process, the Lemoyne Borough Council 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 specific time and place.

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

All petitions for amendment, supplement, change, or repeal for a portion of this chapter shall include, but not be limited to:

In addition to the requirements and procedures set forth in Article XII of this chapter relating to amendments, including specific time frames and County Planning reviews, petitions involving rezoning or map change amendments shall also be processed in accordance with the following:

There shall be a Zoning Hearing Board which shall consist of three members who shall be appointed by resolution by the Lemoyne Borough Council. The membership of the Lemoyne Zoning Hearing Board shall consist of residents of Lemoyne Borough. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Lemoyne Zoning Hearing Board shall promptly notify the Borough of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Lemoyne Zoning Hearing Board shall hold no other elected or appointed office in the Borough nor shall any member be an employee of the Borough.

The Lemoyne Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Lemoyne Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this section, an alternate shall be entitled to participate in all proceedings and discussions of the Lemoyne Zoning Hearing Board to the same and full extent as provided by law for Lemoyne Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Borough Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Lemoyne Zoning Hearing Board but shall not be entitled to vote as a member of the Lemoyne Zoning Hearing Board nor be compensated, unless designated as a voting alternate member pursuant to this Article XII of this chapter.

Any member of the Lemoyne Zoning Hearing Board may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Lemoyne Borough Council taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

The Lemoyne Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:

The hearings shall be conducted by the Lemoyne Zoning Hearing Board, or the Lemoyne Zoning Hearing 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 Lemoyne Zoning Hearing Board; however, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decisions or findings by the Lemoyne Zoning Hearing Board and accept the decision or findings of the hearing officer as final.

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

The Chairman or Acting Chairman of the Lemoyne Zoning Hearing Board 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, and unduly repetitious evidence may be excluded.

The Lemoyne Zoning Hearing Board 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 Lemoyne Zoning Hearing Board. The cost of the original transcript shall be paid by the Lemoyne Zoning Hearing Board if the transcript is ordered by the Lemoyne Zoning Hearing Board or hearing officer; or shall be paid by the person appealing the decision of the Lemoyne Zoning Hearing Board 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 Lemoyne Zoning Hearing Board 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 materials 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 Lemoyne Zoning Hearing Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Lemoyne Zoning Hearing Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by the findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this 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 light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final the Lemoyne Zoning Hearing Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Lemoyne Zoning Hearing Board prior to final decision or entry of findings, and the Lemoyne Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Article IX of the MPC, as amended,[2] where the Lemoyne Zoning Hearing Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection D of this section, 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 Lemoyne Zoning Hearing Board to meet or render a decision as hereinabove provided, the Lemoyne Zoning Hearing Board shall give public notice of said decision with 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection D of this section. If the Lemoyne Zoning Hearing Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal.

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 next business day following its date. To all other persons who have filed their name and address with the Lemoyne Zoning Hearing Board not later than the last day of the hearing, the Lemoyne Zoning Hearing Board 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.

Effect of Lemoyne Zoning Hearing Board's decision.

Substantive challenges to the validity of this chapter, except those brought before the Lemoyne Borough Council pursuant to § 916.1(a)(2) of the MPC, as amended.[3]

Challenges to the validity of this chapter, raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of this chapter.

Special exceptions as provided for in this chapter and subject to all applicable requirements, including, but not limited to:

Variances. The Lemoyne Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Lemoyne Zoning Hearing Board may, by rule, prescribe the form of application to the Zoning Officer. The Lemoyne Zoning Hearing Board may grant a variance, provided that all of the following findings are made, where relevant in a given case:

Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease-and-desist order or the registration or refusal to register any nonconforming use, structure or lot.

Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.

Appeals from the Zoning Officer's determination under § 916.2 (and any subsequent amendments) of the MPC, as amended.[4]

Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control, and/or stormwater management for applications not involving a subdivision/land development.

The name and address of the appellant and applicant.

The name and address of the landowner of the real estate to be affected.

A brief description and location of the real estate to be affected by such proposed change together with a plot/site plan drawn to scale with sufficient clarity to show the nature and character of the request.

A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.

A statement of the section of this chapter under which the request may be allowed, and reasons why it should, or should not be, granted.

No person shall be allowed to file any proceeding with the Lemoyne Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by the Zoning Officer or the agency responsible for granting such approval if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice or knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

The failure of anyone other than the landowner to appeal from an adverse decision by the Zoning Officer a challenge to the validity of this chapter or the Official Zoning Map pursuant to § 916.2 of the MPC, as amended,[5] shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative preliminary approval.

Upon filing of any proceeding referred to in Subsection F above and during its pendency before the Lemoyne Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Lemoyne Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property, in which case, the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Lemoyne Zoning Hearing Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Lemoyne Zoning Hearing Board by person other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such person to post bond as a condition to continuing the proceedings before the Lemoyne Zoning Hearing Board. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellant court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses, and attorney fees incurred by the petitioner.

Ground floor plans and elevations of proposed structures.

Names and address of abutting property owners, including properties directly across a public right-of-way.

A scaled drawing (plot/site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.

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

General criteria. Each applicant must demonstrate compliance with the following:

Before voting on the approval of a conditional use, the Lemoyne Borough Council shall hold a public hearing thereon, pursuant to public notice. The Lemoyne Borough Council shall submit each such application to the Lemoyne Borough Planning Commission at least 30 days prior to the hearing held upon an application to provide the Borough Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an application, the proposed application is revised, the Lemoyne Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application.

Public notice, as defined herein, shall be provided. In addition, the Lemoyne Borough Council shall notify in writing by mail, the applicant, Zoning Officer, and other such persons whether owners or tenants of property located within 200 feet of the subject property for which the application was submitted, and every other person or organization who shall have registered with the Borough for the purposes of receiving such notices, and other persons as the Lemoyne Borough Council 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 provisions, by rules of the Lemoyne Borough Council. 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 Lemoyne Borough Council 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 Borough, any person affected by the application who has made timely appearance of record before the Lemoyne Borough Council, and any other person, including civic or community organizations permitted to appear by the Lemoyne Borough Council. The Lemoyne Borough Council shall have power to require that all persons who wish to be considered parties enter appearance in writing on forms provided by the Lemoyne Borough Council for that purpose.

The President, Vice President, or Acting President of the Lemoyne Borough Council shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and paper, 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 Lemoyne Borough Council may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Lemoyne Borough Council. The cost of the original transcript shall be paid by the Lemoyne Borough Council if the transcript is ordered by the Lemoyne Borough Council; or shall be paid by the person appealing the decision of the Lemoyne Borough Council 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 Lemoyne Borough Council 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 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 hearing shall be conducted by the Lemoyne Borough Council, or the Borough Council may appoint any member or an independent attorney as a hearing officer. The decision, or, where there is no decision, the findings shall be made by the Lemoyne Borough Council. However, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by the Lemoyne Borough Council and accept the decision or findings of the hearing officer as final.

The Lemoyne Borough Council 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 Lemoyne Borough Council. 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 chapter or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons way the conclusion is deemed appropriate in the light of the facts found.

Where the Lemoyne Borough Council fails to render the decision within the period required by this Article XII of this chapter or fails to commence, conduct or complete the required hearing as provided in Subsection E(2), 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 of an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Lemoyne Borough Council to meet or render a decision as hereinabove provided, the Lemoyne Borough Council 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 Article XII of this chapter. If the Lemoyne Borough Council shall fail to provide such notice, the applicant may do so.

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 three years of said date. For good cause, the Lemoyne Borough Council 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 Lemoyne Borough Council.

Should the appellant commence construction or alteration within said two-year period, but should he fail to complete such construction or alteration within said three-year period, the Lemoyne Borough Council may, upon 10 days' notice in writing, rescind or revoke the granted conditional use, if the Lemoyne Borough Council finds that no good cause appears for the failure to complete within such three-year period, and if the Lemoyne Borough Council 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.

As an alternative to the preceding, an applicant can request, as part of the original application before the Lemoyne Borough Council, the granting of a timetable associated with the request which would supersede the deadlines imposed in this Article XII of this chapter. 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 Lemoyne Borough Council must establish and bind a definite time frame for: issuance of a zoning permit; and completion of construction of the project.