[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.
[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.
