The requirements and provisions of this Article XX shall apply to conditional uses and amendments to this chapter.
A.
Conditional use hearings. The Board of Supervisors shall conduct
hearings and make decisions on conditional uses in accordance with
the requirements of the MPC, as well as the following requirements.
(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 at least 30 days prior to the
hearing held upon an application, to provide the Township Planning
Commission an opportunity to review and submit recommendations on
the application. A report of said review, together with any recommendations,
shall be given to the Board of Supervisors in writing 30 days from
the date of said referral. If the Township Planning Commission shall
fail to file such a report prior to the hearing in the manner specified,
it shall be conclusively presumed that the Township Planning Commission
has approved the application. If, after any public hearing held upon
an application, the proposed application is revised, the Board shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the application.
(2)
Public notice shall be given and written notice shall be given
to the applicant, the Zoning Officer, such other persons as the Board
of Supervisors 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 Board of
Supervisors. 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.
(3)
All persons who wish to be considered parties to a hearing shall
enter their appearance on forms provided by the Board of Supervisors.
(4)
Every person who requests a hearing before the Board of Supervisors
shall submit a fully completed application to the Zoning Officer or
the Board of Supervisors on the form prescribed by the Board of Supervisors.
The Zoning Officer shall reject all incomplete applications. The date
of an applicant's request shall be the date when a fully completed
application accompanied by the appropriate fee is submitted to and
received by the Zoning Officer.
(5)
All requests for a continuance of a scheduled hearing shall
be submitted in writing with the reasons therefor and shall contain
a statement that the applicant agrees to an extension of time period,
within which the Board of Supervisors is required to hold a hearing
or to render a written decision. No more than two continuances shall
be permitted, unless the party requesting the continuance pays the
fee prescribed by the Board of Supervisors pursuant to resolution.
(6)
The Board of Supervisors or the hearing officer may keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Board of Supervisors. 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 hearing
officer, or shall be paid by the person appealing from 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 costs.
(7)
Effect of Board of Supervisor's decision. The following time
requirements and conditions shall apply to approvals granted by the
Board of Supervisors:
(a)
Permit period.
[1]
The applicant or appellant shall secure all necessary
zoning and building permits within 12 months after the approval date
of the conditional use approval by the Board of Supervisors.
[2]
The Board of Supervisors may grant an extension
of the twelve-month permit period, provided that the applicant or
appellant has demonstrated good cause in a written application to
the Board of Supervisors.
[3]
Should the applicant or appellant fail to obtain
all necessary zoning permits within the time limitations of this section,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned the application; and all provisions,
conditional uses, and zoning permits granted shall be deemed automatically
rescinded by the Board of Supervisors.
(b)
Construction period.
[1]
The applicant or appellant shall complete the building,
alteration, or use within two years after a zoning permit has been
issued.
[2]
The Board of Supervisors may grant an extension
of the two-year construction period, provided that the applicant or
appellant has demonstrated good cause in a written application to
the Board of Supervisors.
[3]
Should the applicant or appellant fail to complete
such construction, alteration, or use within the time limitations
of this section, the Board of Supervisors may rescind or revoke the
granted conditional use or zoning permit. The Zoning Officer shall
provide the applicant or appellant with a written notice at least
10 days prior to such decision of the Board of Supervisors. The decision
to rescind or revoke such approvals shall be based on one or more
of the following findings of Board of Supervisors:
B.
Conditional uses.
(1)
In those instances in which this chapter has stated conditional
uses to be granted or denied by the Board of Supervisors pursuant
to express standards and criteria, the Board of Supervisors shall
herein decide all such requests for conditional uses in accordance
with the standards and criteria of this chapter, including the following:
(a)
The proposed use shall be consistent with the purpose and intent
of this chapter and the applicable zoning district;
(b)
The proposed use shall not detract from the use and enjoyment
of adjacent or nearby properties;
(c)
The proposed use will not substantially change the character
of the subject property's neighborhood;
(d)
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.);
(e)
The proposed use complies with this chapter, including Article
X relating to Floodplain District (FP) regulations;
(f)
The proposed use shall comply with those criteria specifically listed in the applicable zoning district, Article XV relating to performance standards, and Article XVI relating to supplemental regulations, of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter; and
(g)
The proposed use will not substantially impair the integrity
of the most-recent version of the Lancaster Township Comprehensive
Plan.
(2)
In granting a conditional use, the Board of Supervisors may
attach such reasonable conditions and safeguards in addition to those
expressed in this chapter as it may deem necessary to implement the
purposes of the MPC and this chapter. The Board of Supervisors shall
hear and decide all requests for conditional uses in accordance with
the standards and criteria of this chapter as well as in accordance
with the procedure outlined by this section.
(3)
All applicants for a special exception shall submit the following:
(a)
A statement describing the proposed use.
(b)
A location map showing the entire tract and its relation to
the surrounding area, drawn at a scale of 1,000 feet to the inch.
(c)
All applicants for a conditional use shall submit seven sets
of sketch plans for the proposed use to the Board of Supervisors,
including the following requirements:
[1]
The location of all existing floodplains, wetlands,
watercourses, railroads, areas of subsidence, wooded areas (marking
all wooded areas to be cleared), bridges, culverts and other significant
natural features on the tract and within 200 feet of the tract.
[2]
The location of all streets, adjoining tracts,
and buildings within 200 feet of the tract.
[3]
If applicable, the location of all proposed land
uses, including residential uses by types.
[4]
The location and arrangement of all open spaces
and yards, landscaping, fences, and buffer yards, including the methods
and materials to be employed for screening.
[5]
The location, size (numbers shown), arrangement
and capacity of all areas to be used for motor vehicle access, parking,
loading, and provisions to be made for lighting such areas.
[6]
The location and dimensions of sidewalks and all
other common areas.
[7]
If applicable, a description of any proposed industrial
or commercial operations in sufficient detail to indicate effects
of those operations in producing noise, glare, air pollution, water
pollution, fire hazards, traffic congestion, or other safety hazards.
[8]
If applicable, provisions to be made for the treatment
and disposal of sewage and industrial wastes and for water supply.
[9]
The name and address of the developer (if applicable)
and landowner.
[10]
The name of the individual and/or the firm that
prepared the plan.
The Board of Supervisors may, from time to time, after public
notice and hearing as hereinafter prescribed, amend, supplement, change,
or repeal this chapter, including the Zoning Map. Any amendment, supplement,
change or repeal may be initiated by the Township Planning Commission,
the Board of Supervisors or by a petition to the Board of Supervisors.
Unless initiated by the Township Planning Commission, such amendment,
supplement, change or repeal shall be submitted to the Township Planning
Commission for its recommendations; and if the same, after public
hearing, shall be specifically found by the Board of Supervisors to
be in accordance with the spirit and intent of the formally adopted
portions of the most-recent version of the Lancaster Township Comprehensive
Plan, as amended, final action shall be taken by the Board of Supervisors
on such amendment.
When an amendment, supplement, change or repeal is initiated
by the Township Planning Commission, the proposal shall be presented
to the Board of Supervisors, which shall then proceed in the same
manner as with a petition to the Board of Supervisors which has already
been reviewed by the Township Planning Commission.
When an amendment, supplement, change or repeal is initiated
by the Board of Supervisors, it shall submit the proposal to the Township
Planning Commission for review and recommendations.
The petition for amendment, supplement, change or repeal shall
contain as fully as possible all the information requested by the
Zoning Officer and shall be signed by at least one record owner of
the property in question, whose signature shall be notarized attesting
to the truth and correctness of all the facts and information presented
in the petition. In addition to the petition, the applicant shall
concurrently submit a proposed amending ordinance that reflects the
changes proposed by the petition. A fee to be established by the Board
of Supervisors shall be paid upon the filing of such petition for
change and for the purpose of defraying the costs of the proceedings
prescribed herein.
A.
Except for those amendments initiated by the Township Planning Commission,
after receipt of the proposed petition and amendment by the Board
of Supervisors, said petition and amendment shall be presented to
the Township Planning Commission for review and recommendations at
least 30 days prior to the public hearing. A report of said review,
together with any recommendations, shall be given to the Board of
Supervisors in writing within 30 days from the date of said referral.
If the Township Planning Commission shall fail to file such a report
within the time and manner specified, it shall be conclusively presumed
that the Township Planning Commission has approved the proposed amendment,
supplement, change or repeal.
B.
The Board of Supervisors shall submit the proposed amending ordinance
to the LCPC for review and comment at least 45 days prior to the Board
of Supervisors' hearing on the proposed amending ordinance.
Before taking any action on the adoption or rejection of a proposed
amendment to this chapter, 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 the time and place
of such hearing shall be published in one newspaper of general circulation
in the Township once each week for two successive weeks, not more
than 30 days and not less than 14 days prior to the date of said hearing.
At the time and place specified, the Board of Supervisors shall
conduct a hearing on said petition to amend, supplement, change or
repeal this chapter or the Zoning Map of the Township and shall thereafter,
within a period of 30 days, either reject the proposed change or adopt
an ordinance implementing the proposed change. The Board of Supervisors
may adjourn said hearing at its discretion to a time and place certain.
Whenever there has been a change in the boundary of a zoning
district or a reclassification of the zoning district adopted in accordance
with the above, the change on the Official Map shall be made and shall
be duly certified by the Township Secretary and shall thereafter be
filed as part of the permanent records of the Township.
