(1) Public notice of the hearing shall be given by the Township by publishing, not more than 30 days and not less than seven days from the hearing date, once each week for two successive weeks in a newspaper of general circulation in the Township, the time and place of the hearing and the particular nature of the conditional use application to be considered.

(2) Written notice by first-class certified mail, return receipt requested, shall be given by the Township by sending a copy of the published hearing notice to the applicant and all adjacent property owners. Written notice will be given to all owners of real property within 150 feet of the boundaries of the lot or tract that is the subject of the conditional use application, any other person or group (including civic or community organizations) who have made prior written request to the Township to be notified of such hearing, and, with respect to any such matter which relates to real estate within 500 feet of the boundary of any other municipality, the municipal secretary of such municipality.

(3) The list of real property owners and addresses, as required, shall be provided by the applicant.

(4) The Township shall also provide written notice of the hearing by mailing by first-class mail or personal delivery a copy of the published notice to the members of the Board of Commissioners, the members of the Planning Commission, the Township Solicitor, the Township Engineer, and the Zoning Officer.

(5) The applicant shall pay the reasonable fees and costs in connection with provisions of such notices in the adopted Township Fee Schedule, as the Board of Commissioners by resolution may establish.

(6) The parties to such hearing shall be the Township, the applicant, the record land owner (if other than the applicant), and any other person or organization affected by the application who has made timely appearance of record before the Board at the hearing.

(7) The chairman or acting chairman of the Board of Commissioners shall preside at the hearing and shall have the power to administer oaths and issue subpoena to compel testimony of witnesses and the production of relevant documents.

(8) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to present evidence, respond to other parties, and cross-examine adverse witnesses.

(9) Formal rules of evidence shall not apply at the hearing but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(10) The Board shall keep a stenographic record of the hearing, the fees and costs for which shall be shared equally by the Township and the applicant; copies of the transcribed testimony shall be paid for by the party requesting same.

(11) The Board shall not communicate directly or indirectly with any party or his representative concerning the issues involved in the hearing, except upon notice and an opportunity for all parties to participate.

(12) The Board shall not take notice of any communications, reports, memoranda or other materials concerning the hearing, except advice of their solicitor, unless all parties are afforded copies thereof and an opportunity to present responses to the Board.

(13) After commencement of the hearing, no member of the Board shall inspect the site involved or its surrounding with any party or his representative, unless all parties are given an opportunity to participate.

(14) No member of the Board shall participate in deliberation upon or vote upon any application for which the member has the appearance of or an actual conflict of interest.

D. The Board of Commissioners shall render a written decision or make written findings (when no decision is called for), on whether the conditional use application complies with the requirements of this chapter and applicable law, within 45 days after the last hearing before the governing body.

E. The Board of Commissioners shall consider in reviewing an application for a conditional use whether the proposed conditional use meets the specific criteria set forth in this Part (see § 27-2406) for such conditional uses and, in addition, whether such proposed conditional use is:

(1) In accordance with the land use objectives of the Southwest Lehigh County Comprehensive Plan and consistent with the spirit, purposes and intent of this chapter.

(2) In the best interests of the Township, the convenience of the community, and the public welfare.

(3) Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with and appropriate in scale, appearance and intensity of use with the existing or intended character of the general vicinity/neighborhood.

(4) In conformance with all applicable requirements of this chapter.

(5) Suitable in terms of permitting the logical, safe, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection.

(6) Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard.

F. The Board of Commissioners, in entering a decision granting an application for a conditional use, may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Board may deem necessary to implement the purposes of this chapter.

G. When the application is contested or denied, the Board's decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor; conclusions based upon the Pennsylvania Municipalities Planning Code, this chapter, or any other ordinance or regulation, shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

H. A copy of the Board's 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 required by law. The Board shall also mail a copy of such decision, or a brief notice of the decision and a statement of the place where a copy of the full decision may be examined, to all other persons who have filed their name and address with the Board as prescribed by law or at the recommendation of the Township Solicitor.

I. If the Board of Commissioners fails to render a decision within the period allowed by Subsection 1.E of this chapter or fails to commence, conduct or complete the required hearing as provided in § 27-2605.1A, 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 upon the record to an extension of time. When a decision has been rendered in favor of the applicant because of failure of the Board of Commissioners to meet or render a decision as, hereinabove provided, the Board of Commissioners 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 § 27-2605.1A, Notice of Hearings, of this chapter. If the Board of Commissioners shall fail to provide such notice, applicant may do so.

J. Nothing herein shall prejudice the right of any party to appeal the decision to a court of competent jurisdiction.

K. Appeals to the Lehigh County Court of Common Pleas from a decision of the Board of Commissioners upon an application for a conditional use shall be filed within 30 days after entry of the decision (or, in the case of a deemed decision under Subsection 1.J, within 30 days after the date upon which notice of the deemed decision was given) and shall be in accordance with § 1001-A et seq. of the Municipalities Planning Code, 53 P.S. § 11001-A et seq., Land Use Appeals.