Administer the Zoning Ordinance in accordance with its literal terms;

To 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 exceptions, conditional uses or for variances after the same have been approved;

To record and file all applications for zoning permits or certificates of occupancy, and accompanying plans and documents, and keeps them for public record;

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;

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;

Upon the request of the Wyalusing Borough Council 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;

To be responsible for keeping this chapter and the Official Zoning Map up to date, including any amendments thereto;

To 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 the Zoning Ordinance, or otherwise permitted by law;

To review proposed subdivisions and land developments for compliance with this chapter; and

To take enforcement actions as provided by the Pennsylvania Municipalities Planning Code, as amended.[1]

Erection, construction, movement, placement, razing, demolition, removal, alteration or expansion (vertical or horizontal) of a structure, building or sign;

Change of the type of use or expansion of the use of a structure or area of land;

Creation of a new use;

Demolition of a building;

Other activities required having a permit by this chapter;

The alteration or development of any improvement or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation or drilling operations for underground utilities, provided the final grade is not altered;

The erection or alteration of any signs specified in Article VIII of this chapter;

The construction or installation of animal waste impoundments, lakes, ponds, dams, or other water retention basins; and

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.

All applicable regulations of this chapter;

Any conditions imposed upon the site by the Zoning Hearing Board and/or the Borough Council; and

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, at which time a permanent certificate shall be obtained;

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

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-type activities in a district where a commercial 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; and

Such other activities that the applicant proves are routine, customary and temporary.

Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and location of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features;

Notes showing the dimensions of all buildings from lot lines and street rights-of-way;

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

Proposed lot areas, lot widths and other applicable dimensional requirements; and

Locations and widths of existing and proposed sidewalks.

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 Wyalusing Borough application form; and

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

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 certified by a professional surveyor or engineer 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;

Evidence that the disposal of materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Bradford County which have been contracted to dispose of the materials used and wastes generated on-site. The zoning permit shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future such that the materials used or wastes generated change significantly, either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section;

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;

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; and

Submission, approval and recordation of a subdivision or land development plan, as required.

The accurate location and elevation of the floodplain and floodway;

The elevation, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), of the lowest floor, including basements;

The elevation, in relation to the NGVD, to which all structures and utilities will be floodproofed or elevated; and

Where floodproofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania, or a licensed professional architect registered by the Commonwealth of Pennsylvania certifying that the floodproofing methods used meet all applicable codes and ordinances.

Present zoning district and major applicable lot requirements;

For nonresidential use:

Existing directions of stormwater flow (and any proposed revisions) and any proposed methods of stormwater management;

Listing of any sections of this chapter from which a variance is being requested;

Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract, and description of uses of adjoining properties (such as "drugstore" or "single-family detached dwelling");

Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting;

Name and address of person who prepared the site plan;

Signed acknowledgement of the site plan by the applicant; and

Such additional information required under applicable sections of this chapter.

Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.);

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

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; and

Any other just cause set forth in this chapter.

For example, if an applicant applies for a permit for a single-family detached dwelling on a proposed new lot, the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision and land development approval and the lot is officially recorded by the Bradford County Register and Recorder of Deeds.

Proposed use would be less intensive in external impacts and nuisances than uses that are permitted in the zoning district;

Proposed use would be closely similar in impacts and character to uses permitted in that zoning district;

Use would meet the standards that would apply under § 500-1016E(3)(a) through (d) for a special exception use and § 500-1017 for a conditional use; and

Use is not specifically prohibited in that zoning district.

The Zoning Officer shall literally apply the wording of this chapter and the location of all zoning district boundaries to applications. In any case, the Zoning Officer may also request an advisory opinion from the Wyalusing Borough Solicitor to aid in the Zoning Officer's determination; and

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

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, or the excavation of land to prepare for the erection, construction or alteration of any structure or portion thereof;

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

Undertaking any action in a manner that does not comply with an approved zoning permit; and

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

Enforcement. If it appears to Wyalusing Borough that a violation of this Zoning Ordinance has occurred, Wyalusing Borough shall initiate enforcement proceedings by sending an enforcement notice. Prior to sending an official enforcement notice, the Zoning Officer may, at his/her 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. An enforcement notice shall state the following, at minimum:

Evidence and fees. In any appeal of an enforcement notice to the Zoning Hearing Board, Wyalusing Borough shall have the responsibility of presenting its evidence first. Any filing fees paid by a party to an appeal to an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by Wyalusing Borough if the 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 within the specified time period, the Zoning Officer shall notify the Wyalusing Borough Council. With the consent of the Wyalusing Borough Council, the Wyalusing Borough Solicitor or other officer of Wyalusing Borough may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping of land, or to prevent in or about such premises, any act, conduct, business or use constituting a violation; and

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 Wyalusing Borough, pay a judgment of not more than $600 plus all court costs, including the reasonable attorney's fees incurred by Wyalusing Borough 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, Wyalusing Borough 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 Wyalusing Borough. Imprisonment shall not be authorized by this chapter.

Public hearing. Before hearing and enacting Zoning Ordinance and/or Zoning Map amendments, the Wyalusing Borough Council 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 (as defined herein and listed below) has been given;

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

Enactment notice. In addition to the public notice requirements defined herein, the Wyalusing Borough Council 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 Wyalusing 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 Wyalusing 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;

Wyalusing Borough Planning Commission Referrals. For amendments proposed by parties other than the Wyalusing Borough Planning Commission, the Wyalusing Borough Council shall submit each amendment at least 30 days prior to public hearing to the Wyalusing Borough Planning Commission for review and comment. The Wyalusing Borough Planning Commission shall submit a report of its review, together with any recommendations, to the Wyalusing Borough Council within 45 days from the date of said referral. The recommendation of the Wyalusing 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 officially adopted 2016 Comprehensive Plan for Wyalusing Borough of which Wyalusing Borough is part thereof. The Wyalusing Borough Council cannot act upon the amendment until it has received a recommendation from the Wyalusing Borough Planning Commission; however, should the Wyalusing Borough Planning Commission fail to submit its recommendation within 45 days, the Wyalusing Borough Council may proceed without its recommendation;

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

Adjournment of public hearing. If during the public hearing process, the Wyalusing Borough Council need 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; and

Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Bradford County Planning Commission.

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

The Wyalusing Borough Council shall render its decision within 45 days after the conclusion of the last hearing;

If the Wyalusing Borough Council fail to act on the landowner's request within the time limits referred to above, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing;

Public notice of the hearing shall include notice that the validity of the ordinance or Zoning Map is in question and shall give the place where and the times when a copy of the request including any plans, explanatory material or proposed amendments may be examined by the public;

The challenge shall be deemed denied when:

Where, curative amendment proposal is approved by the grant of a curative amendment application by the Wyalusing Borough Council pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board 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 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 the Pennsylvania Municipalities Planning Code shall apply;[2] and

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 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 purposes of awarding such supplemental relief as may be necessary.

The Wyalusing Borough Council, 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 proposal, the Wyalusing Borough Council shall:

Within 180 days from the date of the declaration and proposal, the Wyalusing Borough Council shall enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the provisions required by the Pennsylvania Municipalities Planning Code[3] in order to cure the declared invalidity of the ordinance;

Upon the date of the declaration and proposal, the Wyalusing Borough Council 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 ordinance 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 Wyalusing Borough Council propose to prepare a curative amendment; and

The Wyalusing Borough Council, 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 ordinance; provided, however, that if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon Wyalusing Borough by virtue of a decision by any court of competent jurisdiction, the Wyalusing Borough Council may utilize the provisions of this section to prepare a curative amendment to the ordinance to fulfill this duty or obligation.

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

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

The parties to the hearing shall be Wyalusing Borough, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person including civic or community organizations permitted to appear by the Zoning Hearing Board. The 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 Zoning Hearing Board for that purpose;

The Chairman or Acting Chairman of the 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 Council 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 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 Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or Hearing Officer; or shall be paid by the person appealing the decision of the 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 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 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 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 Zoning Hearing Board shall make its report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the 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 PA MPC,[3] where the 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 § 500-1016D of this chapter, 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 Zoning Hearing Board to meet or render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 500-1016D of this chapter. If the 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; and

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 Zoning Hearing Board not later than the last day of the hearing, the 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 Zoning Hearing Board's decision.

Substantive challenges to the validity of the Zoning Ordinance except those brought before the Wyalusing Borough Council pursuant to Section 916.1(a)(2) of the PA MPC[4]:

Substantive challenges to the validity of the Zoning Ordinance, 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 the ordinance;

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

Variances. The 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 Zoning Hearing Board may, by rule, prescribe the form of application to the Zoning Officer. The 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; therefore, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot;

Appeals from the Zoning Officer's determination under Section 916.2 (and any subsequent amendments) of the PA Municipalities Planning Code;[5] and

Appeals from the determination of the Zoning Officer or municipal 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, nor a planned residential development as regulated in Article V, Subdivision and Land Development, and Article VII, Planned Residential Development, of the PA Municipalities Planning Code.[6]

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 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; and

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.

Upon filing of any proceeding referred to in § 500-1016F above and during its pendency before the 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 hereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the 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 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 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 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; and

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

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

The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance;

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

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

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

The proposed use complies with Chapter 227, Floodplain Management;

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

The proposed use will not substantially impair the integrity of the 2016 Comprehensive Plan for Wyalusing Borough.

Before voting on the approval of a conditional use, the Wyalusing Borough Council shall hold a public hearing thereon pursuant to public notice. The Wyalusing Borough Council shall submit each such application to the Wyalusing Borough Planning Commission at least 30 days prior to the hearing held upon an application to provide the Wyalusing Borough Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an application, the proposed application is revised, the Board of Council 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 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 Wyalusing 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 Wyalusing 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 Wyalusing Borough, any person affected by the application who has made timely appearance of record before the Wyalusing Borough Council, and any other person, including civic or community organizations, permitted to appear by the Wyalusing Borough Council. The Wyalusing 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 Wyalusing Borough Council for that purpose;

The Chairman or Acting Chairman of the Wyalusing 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 Wyalusing 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 Wyalusing Borough Council. The cost of the original transcript shall be paid by the Wyalusing Borough Council if the transcript is ordered by the Wyalusing Borough Council; or shall be paid by the person appealing the decision of the Wyalusing 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 Wyalusing 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 Wyalusing Borough Council or the Wyalusing 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 Wyalusing Borough Council. However, the appellant or the applicant, as the case may be, in addition to Wyalusing Borough, may, prior to the decision of the hearing, waive decision or findings by the Wyalusing Borough Council and accept the decision or findings of the Hearing Officer as final;

The Wyalusing 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 Wyalusing 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 why the conclusion is deemed appropriate in the light of the facts found;

Where the Wyalusing Borough Council fail to render the decision within the period required by this article or fails to commence, conduct or complete the required hearing, 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 Wyalusing Borough Council to meet or render a decision as hereinabove provided, the Wyalusing 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. If the Wyalusing Borough Council shall fail to provide such notice, the applicant may do so; and

Unless otherwise specified by the Wyalusing Borough Council at the time of the conditional use action, the conditional use authorization shall expire if the applicant fails to obtain any necessary building or zoning permit or comply with the conditions of said authorization within six months from the date of authorization.