[Added 12-7-2009 by Ord. No. 184]
A.
Sections 185-137 and 185-138 contain provisions for conditional uses, as authorized by Act of 1968, P.L. 804, No. 247, as reenacted and amended (the Pennsylvania Municipalities Planning Code, § 603(c)(2) and (2.1) and § 913.2).[1] The provisions consist of:
(1)
The standards and criteria to be applied to the various conditional
uses in the review process.
(2)
The procedure to be followed for review of the application.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The reason for a use being made conditional is the unusual impact
it may exert upon one or more of the following: the public health,
safety, morals and general welfare; coordinated and practical community
development; proper density of population; emergency management preparedness
and operations; airports and national defense facilities; the provision
of adequate light and air, access to incident solar energy, police
protection, vehicle parking and loading space, transportation, sewerage,
schools, recreational facilities and public grounds; and the provision
of a safe, reliable and adequate water supply for domestic, commercial,
agricultural or industrial use and other public requirements.
C.
In addition, the purpose of the use being made conditional is to
prevent one or more of the following: overcrowding of land; blight;
danger and congestion in travel and transportation; and loss of life,
health or property from fire, flood, panic or other dangers.
D.
In addition, the purpose of the use being made conditional is to
preserve the natural, scenic and historic value in the environment
and to preserve forests, wetlands, acquifers and floodplains.
A.
If, in reviewing an application for development, the Zoning Officer
rules that the processing of the application requires approval of
a conditional use, the Zoning Officer shall refer the application
to the Borough Council and shall send copies to the Borough's Planning
Commission for review. The application shall be in such form and with
such supporting data as the Borough Council may prescribe. The appropriate
application fee, as prescribed by resolution of the Borough Council
from time to time, shall be paid in advance.
B.
Upon receipt of the complete application and fees for the conditional
use, the Planning Commission shall schedule it for preliminary consideration
and discussion at a regular or special meeting. The Planning Commission
shall advise the Borough Council on whether the general and specific
standards and criteria are met and whether conditions and/or restrictions
should be attached to any approvals.
C.
The Planning Commission shall be authorized to require of the applicant
such further engineering data, test reports, maps, surveys, plot plans,
landscape plans, technical information, offers of dedication, bonds
and other undertakings as may be necessary to determine and ensure
compliance with the standards and criteria hereinbefore and hereinafter
set forth.
D.
If the application involves a land development, a detailed plan review
shall be required by the Borough after the application for the conditional
use has been acted upon by the Borough Council. This review shall
be in accordance with procedures outlined in the Subdivision and Land
Development Ordinance.[1] If the applicant wishes to provide the necessary documentation, the Borough may consider the concurrent review of the conditional use requested and the detailed plans for the development. Time limits for review of the detailed plans, if necessary, will be governed by the provisions of Chapter 162, Subdivision and Land Development, of the Borough Code.
E.
No conditional use shall be approved by the Borough Council unless,
or except to the extent that, the general and specific standards and
criteria are met and appropriate conditions and restrictions are attached
to the approval to ensure continuing compliance therewith. The general
standards and criteria are set forth below:
(1)
Taking into consideration the character and type of development
in the area surrounding the proposed conditional use, such use, as
permitted, shall be consistent with the Comprehensive Plan and shall
not substantially injure or detract from the use of surrounding property
or from the character of the neighborhood.
(2)
Existing public roads shall be adequate to serve additional
traffic reasonably likely to be generated by the proposed use.
(3)
Development of the property for the proposed use shall promote
or be consistent with coordinated and practical community development,
the provision of adequate public and community services, and the public
health, safety, morals and general welfare.
(4)
If the proposed site would create a subdivision of a larger
tract or parcel, the balance of such tract or parcel remaining shall
be adequate and appropriate for its existing and continuing use in
accordance with the foregoing standards.
(5)
Development of the property for the proposed use shall, if approved,
be subject to and governed by the provisions of the Chester Heights
Borough Code, Subdivision and Land Development, as amended,[2] except as modified by this article and by the requirements
of the Commonwealth of Pennsylvania, Department of Environmental Protection.
(6)
Development of the site for the proposed use shall be susceptible
to regulation by appropriate conditions and restrictions to:
(a)
Ensure compatibility of any building to be erected or altered
with the surrounding area in terms of size, shape, materials and placement
of structures, and preservation and restoration of any historic buildings.
(b)
Control traffic, noise, signs, lights, parking and other anticipated
activity upon the premises to avoid or minimize any adverse effect
upon the peace, quiet, privacy and the character of the surrounding
area
(c)
Require such additional landscaping pursuant to an approved landscape plan for protective buffering and screening of adjoining residential or other permitted uses, as specified in Chapter 162.
(d)
Require, where appropriate, that the applicant enter into agreements
to impose upon the property such deed restrictions as are, in the
opinion of the Borough Council, necessary and reasonable to assure
the continuation of conditions imposed upon approval of the development.
(e)
Require that the applicant make provision for the safe flow
of anticipated normal daily traffic in the immediate vicinity of the
development and provide more than one means of ingress and egress
and adequate deceleration lanes.
(f)
Permit staged development and set deadlines for such development
and staging and conditions for the prior maintenance of that portion
of the property not being developed.
F.
The Borough Council shall conduct a full review of the application
and shall hold at least one public hearing thereon not later than
60 days from the date of the applicant's request for a hearing. The
cost of such public hearings shall be borne by the applicant. Notice
of the public hearing shall be given to those persons and agencies
who would be entitled to notice if the same premises was the subject
of an application to the Zoning Hearing Board for special exception
and to all others who have registered their names with the Zoning
Officer for that purpose.
G.
After a full review of the application, the Borough Council shall
render a written decision or, when no decision is called for, make
written findings on the application. Where the application is contested
or denied, the decision shall be accompanied by findings of fact or
conclusions based thereon, together with any reasons therefor. Such
decision or written findings shall be made by the Borough Council
no later than 45 days after the last hearing.
H.
The Borough Council may attach reasonable conditions and safeguards,
in addition to those expressed in this chapter, as it may deem necessary
to implement the purposes of this chapter.
I.
The Borough Council shall approve or disapprove the application by
resolution and shall send a written notification to the applicant
within 10 days of the decision.
J.
The Borough Council, as a condition of approval, may require the
execution of a developer's agreement containing the conditions and
requirements of the development.
K.
Unless otherwise provided in the resolution of approval, the applicant
shall be entitled to proceed with the submission of either land development
or subdivision plans within a period of six months from the date of
approval. The Borough Council, as a condition of approval, may require
the applicant to proceed with the submission of either land development
or subdivision plans within a period of six months of the date of
approval.
