[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A. 
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit the request, in writing, to the Zoning Officer on an application form which shall require that the following information, which may be reasonably needed to process the request, be provided:
(1) 
A specific citation of the provision of this chapter from which reasonable accommodation is requested.
(2) 
The name and address of the applicant.
(3) 
The specific description of the reasonable accommodation sought and the particulars, including exact admonitions of any proposed structural or locational accommodation.
(4) 
The condition of the applicants for which reasonable accommodation is sought.
(5) 
A description of the hardship, if any, that the applicants will incur absent provision of the reasonable accommodation requested.
(6) 
A description of any alternative methods of relieving the claimed hardship that have been considered and the reason, if any, why the applicants have rejected such alternatives.
(7) 
A statement describing why the requested accommodation is necessary to afford the applicants an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.
(8) 
A description of the manner in which the accommodation, if granted, will be terminated or removed if no longer required to afford equal housing opportunity to handicapped or disabled persons.
(9) 
A statement of any facts indicating whether or not nonhandicapped or nondisabled persons would be permitted to utilize the property in question in a manner similar to that sought by the applicants.
B. 
The Zoning Officer may hold any meetings and/or hearing necessary, in his discretion, to elicit information or argument pertinent to the request for accommodation.
C. 
The Zoning Officer's decision shall be in writing and shall state the reasons for the decision.
D. 
The Zoning Officer shall issue his written decision to the applicants and the Township within 30 days of filing of the request for accommodation.
E. 
A request for reasonable accommodation should be directed in the first instance to the Zoning Officer. In considering a request for reasonable accommodation, the Zoning Officer shall, with the advice of the counsel of the Township Solicitor, apply the following criteria:
(1) 
Whether the applicants are handicapped or disabled, within the meaning of the Federal Fair Housing Act amendments or the Americans with Disabilities Act.
(2) 
The degree to which the accommodation sought is related to the handicap or disability of the applicant.
(3) 
A description of the hardship, if any, that the applicants will incur absent provisions of the reasonable accommodation requested.
(4) 
The extent to which the requested accommodation is necessary to afford the applicant(s) an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.
(5) 
The extent to which the proposed accommodation may impact other property owners in the immediate vicinity.
(6) 
The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by this chapter, the Comprehensive Plan, and the community development objectives set forth in this chapter.
(7) 
The extent to which the requested accommodation would impose financial and administrative burdens upon the Township.
(8) 
The extent to which the requested accommodation would impose an undue hardship upon the Township.
(9) 
The extent to which the accommodation would require a fundamental alteration in the nature of the Township's regulatory policies, objectives and regulations.
(10) 
The extent to which the requested accommodation would result in a subsidy, privilege, or benefit not available to nonhandicapped or nondisabled persons.
(11) 
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when no longer needed to provide handicapped or disabled persons with equal opportunity to use and enjoy the dwelling in question.
(12) 
The extent to which the requested accommodation will increase the value of the property during and after its occupancy by the applicants.
[1]
Editor’s Note: Former § 27-1802, Use of Flood-Prone Land (Ord. 430, 7/16/2008, as amended by Ord. 438, 8/19/2009), was repealed by Ord. 471, 6/18/2014. See now Chapter 8, Floodplains.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A. 
To protect the safety, capacity and efficiency of the Township's existing infrastructure systems, to maintain fiscal responsibility, and to uphold the objectives of the Township Comprehensive Plan, all rezoning applications shall be required to prepare a series of plans, analyses and reports to demonstrate the compatibility of the rezoning proposal.
B. 
All rezoning applications shall be completed on the official forms provided by the Township. Each plan, analysis and report shall be completed in accordance with the requirements defined in Chapter 22, Subdivision and Land Development, unless otherwise specified by the Township.
C. 
The Township Planning Commission and Township Board of Supervisors, as part of the rezoning approval process, will consider the conclusions of each plan, analysis and report.
D. 
The plans, analyses and reports to be submitted as part of a rezoning application shall include the following:
(1) 
Preliminary plat.
(2) 
Topographic survey.
(3) 
Site conditions report.
(4) 
Phase one environmental assessment.
(5) 
Infrastructure demand statement.
(6) 
Traffic network analysis.
(7) 
Fiscal impact analysis.
(a) 
An evaluation providing the following information shall be completed:
[1] 
Potential municipal and school district tax generation of the proposed development.
[2] 
Population projections, including the number of school-aged children at build-out of the proposed development.
[3] 
Length of road to be dedicated to the Township.
[4] 
Length of sewer and water lines to be dedicated to the Township.
E. 
The Township will evaluate the proposed development of the proposed zoning in relationship to the potential development in the existing zoning. The Township Planning Commission and Township Board of Supervisors reserve the right to require additional information as part of the review and approval processes in order to evaluate the applicability of the rezoning.
F. 
See Chapter 22, Subdivision and Land Development, for additional application and review process information.