Salisbury Township City Zoning Code
ARTICLE VII
Administration
§ 340-143 Administration and enforcement.
A.
Administration.
(1)
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 be appointed at the first meeting of the Board of Supervisors in January to serve until the 1st day of January next following, and shall thereafter be appointed annually to serve for a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself. He/she shall receive such fees or compensation as the Board of Supervisors may, by resolution, provide. The Zoning Officer shall not hold any elective office within the Township. The Zoning Officer may designate an employee of the Township as his Deputy, subject to the approval of the Board of Supervisors, who shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.
(2)
Duties. The duties of the Zoning Officer shall be:
(a)
To receive, examine and process all applications as provided by the terms of this chapter. The Zoning Officer shall also issue building permits for special exception and conditional uses, or for variances after the same have been approved.
(b)
To record and file all applications for building permits or certificates of use and occupancy and accompanying plans and documents, and keep them for public record.
(c)
To 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.
(d)
To inspect nonconforming uses, structures and lots and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations.
(e)
Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions.
(f)
To be responsible for keeping this chapter and the Official Zoning Map up to date, including any amendments thereto.
(g)
Upon the approval by the Zoning Hearing Board of a special exception, or upon the approval of a conditional use by the Board of Supervisors for development located within the Floodplain Zone, written notice of the approval shall be sent by registered mail from the Zoning Officer to the DCED.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
(h)
To remain eligible for the National Flood Insurance Program, the Zoning Officer shall submit a biannual report to the Federal Insurance Administration concerning the status of the program in the Township (the report form shall be provided by the Federal Insurance Administration).
(i)
To render a preliminary opinion regarding a proposed land use in accordance with Section 916.2 of the Act, 53 P.S. § 10916.2.
B.
Enforcement. This chapter shall be enforced by the Zoning Officer of the Township. No building permit or certificate of use and occupancy shall be granted by him/her for any purpose, except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment.
C.
Violations.
(1)
Failure to secure a building 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 action 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.
(2)
If it appears to the Township that a violation of this chapter enacted under the Act or prior enabling laws has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in the following:
(a)
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.
(b)
An enforcement notice shall state at least the following:
[1]
The name of the owner of record and any other person against whom the Township intends to take action.
[2]
The location of the property in violation.
[3]
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
[4]
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
[5]
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
[6]
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
D.
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted under the Act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Township 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 Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the 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 of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township.
E.
Causes of action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of any ordinance enacted under this Act or prior enabling laws, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, 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. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of the Township. No such action may be maintained until such notice has been given.
§ 340-144 Permits.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
A.
General requirements for zoning permits.
(1)
Requirements.
(a)
A zoning permit shall be required prior to:
[1]
The change in use of land or structure.
[2]
The erection, construction, improvement or alteration of any structure or part thereof.
[3]
The alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation and/or drilling operations, and excluding tilling associated with agricultural or horticultural uses.
[5]
The construction or installation of manure storage facilities, lakes, ponds, dams or other water retention basins.
[6]
The conduct of any forestry use as defined herein.
(b)
No zoning permit shall be required for repairs or maintenance of any structure or land, provided such repairs do not change the use or the exterior dimensions of the structure or otherwise violate the provisions of this chapter. In addition, no zoning permit is required for the placement of a mobile home within a mobile home park, nor the construction of fences, walls and driveways.
(2)
Application for zoning permits shall be made in writing to the Zoning Officer.
(3)
Such zoning permits shall be granted or refused within 90 days from date of application.
(4)
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. A zoning permit shall not be issued for the construction, alteration or repair of any building or structure for which an individual sewage system or community sewage system is required to be installed or altered, until such time as a sewage permit is issued.
(5)
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.
(6)
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 a person other than the owner or lessee, it shall be accompanied by a written authorization of the owner or the qualified person making an application that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
(7)
The Zoning Officer may call upon other Township staff and/or Township-appointed consultants in the review of submitted materials for applications.
(8)
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.
(9)
No permit shall be issued until the fees prescribed by the Board of Township Supervisors pursuant to resolution shall be paid to the Zoning Officer. 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 any other ordinances or law.
(10)
Issuance of permits. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject such application in writing, stating the reasons therefor. He shall inform the applicant of his right to appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, he shall issue a permit therefor as soon as practical but not later than 90 days from receipt of the application.
(11)
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.
(12)
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.
(13)
Compliance with ordinance. 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.
(14)
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.
(15)
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.
(16)
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, which activities may be prohibited by other provisions of this chapter, if such uses are of such a nature and are so located that, at the time of petition of special exception, they will: 1) in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone; and 2) will contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved. Then the Zoning Hearing Board may, subject to all regulations for the issuance of special exceptions elsewhere specified, direct the Zoning Officer to issue a permit for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.
B.
Application for all zoning permits.
(1)
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 or dimensioned to accurately determine the following:
(a)
Actual dimensions and shape of lot to be developed.
(b)
Exact location and dimensions of any structures to be erected, constructed and altered.
(c)
Existing and proposed uses, including the number of occupied units, businesses, etc., all structures are designed to accommodate.
(d)
Off-street parking and loading spaces.
(e)
Utility systems affected and proposed.
(f)
Alteration or development of any improved or unimproved real estate.
(g)
The size of structures and the number of employees anticipated.
(h)
Any other lawful information that may be required by the Zoning Officer to determine compliance with this chapter.
(i)
An accurate copy of the plan of record of any applicable subdivision and/or land development plan, including all required signatures and an executed certificate by the Recorder of Deeds Office.
(2)
If the proposed development, excavation or construction is located within the Floodplain Zone, the following information is specifically required to accompany all applications:
(a)
The accurate location of the floodplain and floodway.
(b)
The elevation, in relation to the National Geodetic Vertical Datum of 1988 (NAVD 88), of the lowest floor, including basements.
(c)
The elevation, in relation to the NGVD, to which all structures and utilities will be floodproofed or elevated.
(d)
Site location including address.
(e)
Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before any flood damage occurred.
(3)
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)
Excavation involving the piping of stormwater or the construction of man-made watercourses;
(b)
Excavation on a site that possesses slopes exceeding 10%;
(c)
Excavation within 50 feet of a stream or other body of water; and
(d)
The proposed earth-moving activity presents the potential for sedimentation to nearby bodies of water.
C.
Application for zoning permits for uses in all commercial and industrial zones.
(1)
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.
(2)
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.
(3)
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.
(4)
Engineering plans for treatment and disposal of sewage and industrial waste, tailings or unusable by-products.
(5)
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.
(6)
Designation of the manner by which sanitary sewage and stormwater shall be disposed and water supply obtained.
(7)
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(8)
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.
(9)
An accurate copy of the plan of record of any applicable subdivision and/or land development plan, including all required signatures and an executed certificate by the Recorder of Deeds Office.
D.
Certificate of use and occupancy.
(1)
It shall be unlawful to use and/or occupy a 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.
(2)
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.
(3)
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.
(4)
The Zoning Officer shall inspect any structure, building or sign within 10 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.
(5)
The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times.
(6)
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. The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, use of land for religious or other public or semipublic purposes and similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer; however, in no case for a period exceeding six months.
(7)
A certificate of use and occupancy shall not be issued for structures and buildings located in subdivisions requiring improvement guarantees until the structure or building abuts either a street which has been accepted by the Township for dedication or abuts upon a street which has been paved with a base wearing course.
(8)
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.
§ 340-145 Fees.
Determination. The Board of Supervisors may, by resolution, establish fees for the administration of this chapter. All fees shall be determined by a schedule that is made available to the general public. The Board of Supervisors may reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors.
§ 340-146 Amendments.
A.
Power of amendment. The Board of Supervisors of the Township may, from time to time as hereinafter provided, amend, change or repeal this chapter or the Official Zoning Map of the Township. Any amendment, change or repeal may be initiated by the Board of Supervisors, the Township Planning Commission or by a petition to the Board of Supervisors.
B.
Amendment initiated by Township Planning Commission. When the Township Planning Commission initiates an amendment, change or repeal, a report of the proposed amendment, change or repeal shall be presented to the Zoning Officer. Said report shall be processed in the same manner as a petition to the Board of Supervisors which has already been review by the Township Planning Commission.
C.
Amendments initiated by the Board of Supervisors. When the Board of Supervisors initiates an amendment, change or repeal, the Board of Supervisors shall instruct the Zoning Officer to submit the proposal to the Township Planning Commission.
D.
Procedure for petition to the Board of Supervisors.
(1)
When the amendment, change or repeal is initiated by petition to the Board of Supervisors, the Zoning Officer shall simultaneously transmit said petition to the Board of Supervisors and a copy of said petition to the Township Planning Commission, except that when the Zoning Officer determines that the petition is substantially the same as a petition submitted within six months previous, he shall transmit the petition to the Board of Supervisors who shall instruct the Zoning Officer to process the petition as specified in this article or, stating their reasons, refuse to take further action on the petition.
(2)
The petition for amendment, change or repeal shall be submitted in duplicate and contain information to identify the petitioner, the amendment, change or repeal, together with any fees imposed by the Board of Supervisors and, if applicable, by the Lancaster County Planning Commission for reviews required by the MPC. In instances where the petition requests a change in the boundaries of a zone on the Official Zoning Map, a plan with distances and data sufficient to identify the property to be reclassified and any other information requested by the Zoning Officer shall be submitted. Such petition shall be signed by at least one record owner of the property involved and contain a duly authorized affidavit.
E.
Referral to the Township and County Planning Commissions. After receipt of the petition by the Board of Supervisors, said petition shall be presented to the Township and Lancaster County Planning Commissions for their review and recommendations in accordance with the requirements of the MPC.
F.
Hearing and enactment process for zoning ordinance amendments. The Board of Supervisors shall fix a time and place for a public hearing at which parties of interest and citizens shall have an opportunity to be heard. Notice of such public hearing shall be given in accordance with the requirements of the MPC. At the time and place specified, the Board of Supervisors shall conduct a hearing on said petition to amend, change or repeal the Zoning Ordinance or Zoning Map of the Township and may thereafter either reject the proposed change or adopt an ordinance implementing the proposed change. The Board of Supervisors may adjourn said hearing in its discretion to a time and place certain.
G.
Curative amendment. Curative amendments initiated by a landowner or by the MPC shall be processed in accordance with the provisions of the MPC.
H.
Amendments to the Zoning Map. If in accordance with provisions of this chapter changes are made in district boundaries or other matter portrayed on the Zoning Map, such changes shall be made on the Official Zoning Map promptly by the Township Secretary. This change shall be accompanied by an entry on the Zoning Map stating the date of the amendment and the ordinance number which amends the Zoning Map.
§ 340-147 Conditional uses.
A.
Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors. In addition to the information required on the building permit application, the conditional use application must show:
(1)
Ground floor plans and elevations of proposed structures.
(2)
Names and addresses of adjoining property owners, including properties directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(4)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
B.
General criteria. Each applicant must demonstrate compliance with the following:
(1)
The proposed use shall be consistent with the purpose and intent of this chapter.
(2)
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.
(3)
The proposed use will not effect a change in the character of the subject property's neighborhood.
(4)
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.).
(5)
For development within the Floodplain Zone, that the application complies with § 340-22F of this chapter.
(6)
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.
(7)
The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan.
C.
Conditions. The Board of Supervisors in approving conditional use applications may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this article.
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to Subsection A of this section 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 the obtainment of another conditional use approval.
E.
Hearing procedures.
(1)
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 Commission to provide the Township Planning Commission with an opportunity to submit recommendations.
(2)
Public notice and written notice shall be given to the applicant and the Zoning Officer.
(3)
The Board of Supervisors may prescribe reasonable fees with respect to hearings.
(4)
The parties to the hearing shall be the Township and any person affected by the application who has made timely appearance of record before 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.
(5)
The Chairperson or Acting Chairperson of the Board of Supervisors 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.
(6)
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.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(8)
The Board of Supervisors may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be paid by the applicant. 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 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.
(9)
The Board of Supervisors 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.
F.
Time limitation:
(1)
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 Board of Supervisors may at any time, upon application in writing, extend either of these deadlines.
(2)
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.
(3)
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 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 three-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.
(4)
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 § 340-147(1) through (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: a) issuance of a zoning permit; and b) completion of construction of the project.