MapLink™ | Procedures | Conditional Use Permit

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Conditional Use Permit
Conditional uses. Uses specified as conditional uses shall be permitted only after review and approval by the Council pursuant to the express standards as provided for specific conditional uses in this chapter, in Subsection D, below, and any other applicable standards in this chapter.

(1) Expansions. Expansions or additions to uses classified as conditional uses shall also be considered conditional uses. The addition of an accessory structure shall not be considered a conditional use.

(2) Procedure.
(a) Submission. The applicant shall submit five complete sets of any required plans and information to the Zoning Officer. The Zoning Officer shall refuse to accept an application which does not provide sufficient information to determine compliance with this chapter.
(b) Distribution. The Zoning Officer shall distribute copies of the site plan to the Planning Commission and the Council. A minimum of one copy shall be retained in the Borough files. The Pocono Mountain Volunteer Fire Company shall be given an opportunity for a review, if deemed appropriate by the Planning Commission.
(c) Zoning Officer review. The Zoning Officer shall report, in writing or in person, to the Planning Commission or the Council, stating whether the application complies with this chapter. The Zoning Officer may recommend a review by the Borough Engineer.
(d) Planning Commission review.
[1] The Planning Commission shall be provided with an opportunity to review any proposed conditional use. The Commission, at its option, may provide a written advisory review.
[2] If such review is not received by the Council within the time limit within which the Council must issue its decision, or within 30 days of such application being sent to the Planning Commission, then the Council may make its decision without having received comments from the Planning Commission.
(e) Council action. The Council shall conduct hearings and make decisions in accordance with Section 908 and Section 913.2 of the MPC. In granting a conditional use, the Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it determines are necessary to implement the purposes of the MPC and this chapter and to protect the public health, safety, and welfare.
(f) Notice.
[1] In addition to the notice and posting requirements of the MPC, notice of all conditional use hearings shall be mailed by the applicant to the owners of all properties contiguous to, and across the street from, the parcel which is the subject of the hearing not less than 14 calendar days prior to the hearing. Such notice shall be by certified mail to the last-known address of the contiguous owners and owners across the street as listed in Monroe County tax assessment records, and the applicant shall provide proof of the certified mailing to the Borough.
[2] Failure of the applicant to complete and provide proof of the required certified mailing to the Borough shall result in the suspension of the hearing and toll the sixty-day period for the commencement of the required hearing before the Borough Council. Notice of any rescheduled hearing shall comply with all applicable requirements.