Township of New Hanover, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 3/29/1990A, § 2000]
A Zoning Hearing Board is established in order that the objectives of this chapter may be fully and equitable achieved and that a means for competent interpretation of this chapter be provided.
[Ord. 3/29/1990A, § 2001]
The Zoning Hearing Board shall consist of five members, appointed by the Board of Supervisors for overlapping five-year terms. Members of the Board shall hold no other Township office. Alternates may be appointed as provided for under the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 3/29/1990A, § 2002]
Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors which appointed the member taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
[Ord. 3/29/1990A, § 2003; as amended by Ord. 93-2, 2/8/1993, § 78]
1. 
Officers. The Board shall elect a Chairman from its membership, shall appoint a secretary, and shall prescribe rules in accordance with the provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq., and this chapter for the conduct of its affairs. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses.
2. 
Meetings. Meetings shall be open to the public and shall be at the call of the Chairman and at such other times as the Board shall specify in its rules of procedure. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board; but where a majority of members are disqualified to act in a particular matter, the remaining officer may act for the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board.
3. 
Records and Decisions. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the Board and shall be a public record.
4. 
Compensation. The Board of Supervisors shall fix per meeting compensation for the members of the Board, according to a schedule adopted by resolution of the Supervisors upon the enactment of this chapter or as such schedule may be amended from time to time.
5. 
Transcripts. The Board or the hearing officer, as the case may be, shall keep a stenographic record and transcript of the proceedings, and copies of graphic or written material received in evidence shall be made available to any party at cost.
6. 
Annual Report. The Board shall submit a report of its activities to the Board of Supervisors as requested by the Supervisors.
[Ord. 3/29/1990A, § 2004]
1. 
Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall decide any questions:
A. 
Involving the interpretation of any provisions of this chapter, including determination of the exact location of any district boundary, if there is uncertainty with respect thereto.
B. 
Where it is alleged there is error in any order, requirement, decision or determination including any order requiring an alleged violation to stop, cease and desist made by the Zoning Officer in the enforcement of this chapter.
2. 
An appeal of the decision of the Zoning Officer will not act as a stay of a cease and desist order.
[Ord. 3/29/1990A, § 2005]
1. 
Applicability. Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter, where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition on such piece of property, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case.
2. 
Condition. In general, the power to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.
3. 
Requirements and Standards. No variance in the strict application of the provisions of this chapter shall be granted by the Board unless the Board finds that the requirements and standards are satisfied. The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the request for the variance is in conformance with all the requirements and standards listed below:
A. 
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
B. 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is, therefore, necessary to enable the reasonable use of the property.
C. 
That such necessary hardship has not been created by the applicant.
D. 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
E. 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
4. 
Conditions. In granting any variance, the Board may attach reasonable conditions and safeguards as it may be necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.
[Ord. 3/29/1990A, § 2006; as amended by Ord. 93-2, 2/8/1993, §§ 79, 80; by Ord. 95-8, 9/25/1995, § 3G, 40; by Ord. 95-8B, 11/27/1995, § 30; by Ord. 99-2, 6/28/1999, §§ 49 — 55; by Ord. 01-6, 10/22/2001, § 27; and by Ord. 09-03, 6/22/2009, § 23]
1. 
Applicability. The Zoning Hearing Board shall have the power to approve special exceptions when this chapter specifically requires the obtaining of such approval and for no other use or purpose.
2. 
Conditions and Standards. In granting a special exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this chapter. The Board shall not approve a special exception except in conformance with the conditions and standards outlined in this chapter.
3. 
The general requirements and standards applicable to all special exceptions. The Board shall grant a special exception only if it finds adequate evidence presented by the applicant that proposed special exception is duly authorized under provisions of this chapter, that the application falls within the terms of the specific provisions following for special exceptions; and that the proposed use complies with all other requirements of this chapter. The Zoning Hearing Board, in granting a special exception, may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter. The Board shall, among other things, require that any proposed use and location be:
A. 
In accordance with the Township Comprehensive Plan and consistent with the spirit, purposes and the intent of this chapter.
B. 
In the best interests of the Township, the convenience of the community and the public welfare.
C. 
Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
D. 
In conformance with all applicable requirements of this chapter.
E. 
Suitable in terms of effects of highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.
F. 
In accordance with sound standards of subdivision and land development practice where applicable. The Zoning Hearing Board may impose reasonable conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of this chapter.
4. 
The requirements and standards applicable to specific uses as special exceptions. In addition to the requirements specified in this chapter, the applicant shall provide the additional information required below and any additional information necessary for the Zoning Hearing Board to make its evaluation:
A. 
Use A3 Intensive Agriculture.
(1) 
Specify the type of activities or operations to be conducted on the premises.
(2) 
Designate the locations of all buildings and their proposed uses, feedlots, ponds, confinement areas, storage and processing areas to ensure compliance with the requirements of § 27-305, Subsection 1, Use A3.
(3) 
Evaluate the need for buffering to abate impacts on surrounding properties.
(4) 
Provide information on proposed water, sewage and animal waste treatment and disposal facilities.
(5) 
Provide information on proposed methods to abate nuisances as required by Part 20 of this chapter.
B. 
Use A5 Riding Academy and A6 Kennel-Commercial.
(1) 
Specify the types of activities to be conducted on the premises.
(2) 
Designate the location of all buildings and their uses, all pens and storage areas to ensure compliance with § 27-305, Subsection 1, Use A5 and Use A6.
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
C. 
Use A7 Agricultural Retail.
(1) 
The applicant will provide certification that all products sold are grown, produced or raised on the property.
(2) 
Evaluate the hours of operation to determine if they are appropriate for the neighborhood.
(3) 
Access shall be evaluated for appropriate sight distance.
(4) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
D. 
Use A9 Farm Support Facility.
(1) 
Evaluate the hours of operation to determine if they are appropriate in the neighborhood.
(2) 
Access shall be evaluated for appropriate sight distance.
(3) 
Evaluate the locations of loading and unloading areas in relation to surrounding areas.
(4) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
E. 
Use B4 Group Home.
(1) 
Specify the intended residents and the sponsoring group, organization or corporation.
(2) 
Explain the anticipated daily schedule of the residents, the staff responsibilities and duties, and emergency procedures.
(3) 
Provide certification that the number of residents and any resident support staff meets the requirements of § 27-305, Subsection 2, Use B4(2).
(4) 
Provide information necessary to ensure the requirements of § 27-305, Subsection 2, Use B4(5) are met.
(5) 
Evaluate the need for buffering improvements, in addition to the requirements of § 27-2106.
F. 
Use B5 Life Care Facility and Use B6 Full Care Facility.
(1) 
Ensure that all the requirements of § 27-305, Subsection 2, Use B5, and Use B6 shall be met for the respective uses.
(2) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
G. 
Use B7 Rooming House.
(1) 
Ensure that the number of bedrooms and occupants not exceed the requirements of § 27-305, Subsection 2, Use B7.
(2) 
Evaluate the need for parking improvements in addition to the requirements of § 27-305, Subsection 2, Use B7(5).
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
(4) 
Adequacy of sewer service or onsite septic shall be provided.
H. 
Use B8 Residential Conversion.
(1) 
Ensure that all the requirements of § 27-305, Subsection 2, Use B8, shall be met.
(2) 
Determine if buffering improvements are needed between the proposed use and surrounding uses.
I. 
Use B9e Accessory Family Day Care.
(1) 
Ensure that all the requirements of § 27-305, Subsection 2, Use B9e, shall be met.
(2) 
Ensure that outdoor play areas will not negatively impact surrounding properties.
(3) 
Evaluate the hours of operation to determine if they are appropriate for the neighborhood.
(4) 
Provide the means to ensure that the number of children does not exceed the requirements of § 27-305, Subsection 2, Use B9e.
(5) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
J. 
Use B9f Accessory Trades Business.
(1) 
Specify the type of business and the activities to be conducted on the premises.
(2) 
Designate the location of all buildings and their uses and all areas for the storage of materials and equipment.
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
K. 
Use B9g Accessory Repair Services and Other Home Occupations.
(1) 
Specify the type of service or home occupation to be conducted on the premises.
(2) 
Designate the location of all buildings and their uses and all areas for the storage of materials, equipment and items for service.
(3) 
Provide information on proposed methods to abate nuisances as required by Part 21 of this chapter.
(4) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
L. 
Use C1 Place of Worship.
(1) 
Specify all accessory uses, structure and activities to be conducted on the premises.
(2) 
Provide traffic and sewage facilities impact studies.
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
M. 
Use C2 School, Use C4 Hospital and Use C5 Nursing Home.
(1) 
Describe and locate the principal use, all accessory uses, structures and activities to be conducted on the premises.
(2) 
Provide traffic, water and sewage facilities impact studies.
(3) 
For nursery schools, kindergartens and elementary schools, sufficient drop-off/pick-up area for children or additional off-street parking spaces shall be provided.
(4) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
N. 
Use C6 Cemetery.
(1) 
Specify the type of cemetery; all accessory uses and structures to be located on the premises.
(2) 
Submit a site plan showing the following information:
(a) 
The placement of all structures and parking spaces.
(b) 
The location of any natural resources (listed in § 27-2101 of this chapter) on site.
(c) 
The areas designated for burial plots showing any proposed groupings of burial plots.
(d) 
The location of the ultimate street right-of-way.
(e) 
The location of the setback lines.
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
O. 
Use D1 Recreational Facility, D2 Private Recreational Facility, D3 Private Club, and D4 Community Center.
(1) 
Specify the types of uses, activities, structures and accessory uses that will be located on the premises.
(2) 
If the proposed use is to be located outside of a sewer service area as designated in the Township's sewage facilities plan, a sewage impact statement shall be submitted.
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
P. 
Use E1 Medical Office, Use E2 Veterinary Office and Use E3 Office.
(1) 
Specify the type of practice, office, structures and accessory uses that will be located on the premises.
(2) 
If located in a residential zoning district, such uses must take access from and have frontage on a major collector or minor collector road.
(3) 
If the proposed use would generate 500 or more trips per day, a traffic impact study shall be submitted in conformance with § 27-2404.
(4) 
Evaluate the hours of operation to determine if they are appropriate for the neighborhood.
(5) 
If Use E2 Veterinary Office, specify if animals will be boarded on the premises.
(6) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
Q. 
Use F2 Day-care center.
(1) 
Specify the types of uses, activities, structures and accessory uses that will be located on the premises.
(2) 
Access shall be evaluated for proper sight distance.
(3) 
Evaluate the hours of operation to determine if they are appropriate for the neighborhood.
(4) 
Sufficient drop-off/pick-up area for children or additional off-street parking spaces shall be provided.
(5) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
R. 
Use F4 Adult Commercial.
(1) 
Specify the types of uses that will be located on the property.
(2) 
Ensure that all requirements of § 27-305, Subsection 6, Use F4 shall be met.
(3) 
Evaluate the hours of operation to determine if they are appropriate for the neighborhood.
(4) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
S. 
F2 Retail Store, F5 Village Shop or Business, F6 Service Business, F7 Financial Establishment, F9 Eating Place or F12 Repair Shop.
(1) 
Specify the types of uses, activities, structures and accessory uses that will be located on the premises.
(2) 
Evaluate the hours of operation to determine if they are appropriate for the neighborhood.
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
(4) 
If the proposed use would generate 500 or more trips per day, a traffic study shall be submitted in conformance with § 27-2404.
(5) 
Evaluate the proposed storage area of materials and refuse and the potential impact on neighboring properties. All outside storage shall be located behind a building, shall be located within an enclosed structure, and the enclosed structure shall be screened from adjoining properties by buffer material or fencing.
T. 
Use F10 Drive-In/Other Eating Places and Use F11 Tavern.
(1) 
Evaluate the adequacy of parking, access and internal circulation.
(2) 
Specify the hours of operation and methods to abate impacts on surrounding residential properties, particularly after 9:00 p.m.
(3) 
Indicate how parking areas will be screened from view of adjacent residential properties.
(4) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
U. 
Use F16 Amusement Hall/Arcade.
(1) 
Specify the types of uses, activities and equipment that will be located on the property.
(2) 
Ensure that all requirements of § 27-305, Subsection 6, Use F16 shall be met.
(3) 
Evaluate the hours of operation to determine if they are appropriate for the neighborhood.
(4) 
Indicate how parking areas will be screened from view of adjacent residential properties.
V. 
F17 Outdoor Entertainment.
(1) 
Specify the types of uses, activities, structures and accessory uses that will be located on the premises.
(2) 
Specify the hours of operation and methods to abate impacts on surrounding residential properties, particularly after 9:00 p.m.
(3) 
Indicate how parking areas will be screened from view of adjacent residential properties.
(4) 
Provide information on proposed methods to abate nuisances as required by Part 20 of this chapter.
(5) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
W. 
F18 Outdoor Motion Picture Establishment.
(1) 
Traffic impact and natural resource impact studies shall be provided.
(2) 
Ensure that all requirements of § 27-305, Subsection 6, Use F18, shall be met.
X. 
F19 Cottage Development or Private Camp and F20 Recreational Camping Park.
(1) 
Sewage impact and natural resource impact studies shall be provided.
(2) 
Ensure that all requirements for § 27-305, Subsection 6, Use F19 and Use F20, shall be met for the respective uses.
(3) 
Show access for emergency vehicles.
(4) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
Y. 
F21 Golf Course.
(1) 
Specify the types of uses, activities and accessory uses that will be located on the premises.
(2) 
Evaluate the adequacy of parking and access.
(3) 
Indicate how parking areas will be screened from view of adjacent residential properties.
(4) 
Evaluate the hours of operation and lighting improvements to determine if they are appropriate for the neighborhood.
(5) 
Provide traffic, water, sewer and environmental impact studies.
(6) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
Z. 
F23 Inn and F24 Guesthouse.
(1) 
Ensure that all requirements of §§ 27-305, Subsection 6, Use F23, or 27-305, Subsection 6, Use F24, for the applicable proposed use, shall be met.
(2) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
AA. 
F32 Dwelling in Combination.
(1) 
Ensure that all requirements of § 27-305, Subsection 6, Use F32 met.
(2) 
Adequacy of sewer service or onsite septic shall be provided.
BB. 
Use G1 Utilities, G2 Emergency Services, G3 Public Transportation Terminal and G4 Airport/Heliport.
(1) 
Specify the types of uses, activities, operations, structures and accessory uses that will be located or conducted on the premises.
(2) 
Ensure that all requirements of § 27-305, Subsection 7, Uses G1, G2, G3, and G4, shall be met for the respective uses.
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
CC. 
Use H6 Truck Terminal.
(1) 
Provide information on proposed methods to abate nuisances as required by Part 20 of this chapter.
(2) 
Provide a traffic impact study.
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
DD. 
Use H8 Lumber Yard and Use H9 Mill.
(1) 
Provide information on proposed methods to abate nuisances as required by Part 21 of this chapter.
(2) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
EE. 
Use H10 Fuel Storage and Distribution.
(1) 
Specify the types of uses, activities, operations, structures and accessory uses that will be located and conducted on the premises.
(2) 
Designate the location of all buildings and their uses and all areas for the storage of fuels, materials and equipment.
(3) 
Access shall be evaluated for proper sight distance.
(4) 
Provide information on proposed methods for containing fuel spills and other emergencies.
FF. 
Use H11 Junkyards.
(1) 
Specify the types of uses, activities, operations, structures and accessory uses that will be located and conducted on the premises.
(2) 
Designate the location of all buildings and their uses and all areas for the storage of materials, junk and equipment.
(3) 
Provide traffic impact and natural resource impact studies.
(4) 
Proposed information on proposed methods for containing petroleum products, battery acid and other harmful fluids and materials from contaminating the groundwater.
(5) 
Ensure that all requirements of § 27-305, Subsection 8, Use H11, shall be met.
GG. 
Use H12 Extractive Operations (Mining, Quarrying, etc.)
(1) 
A water impact and traffic impact study shall be provided.
(2) 
Insure that all requirements of § 27-305, Subsection 8, Use H12, shall be met.
HH. 
Use H13 Industrial Park.
(1) 
A water impact and traffic impact study shall be provided.
(2) 
Ensure that all requirements of § 27-305, Subsection 8, Use H13, shall be met.
(3) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
II. 
Use H14 Resource Recovery Facility and H15 Solid Waste Landfill.
(1) 
Specify the types of uses, activities, operations, structures and accessory uses that will be located and conducted on the premises.
(2) 
Designate the proposed location of all buildings and their uses and all areas for the storage of materials, refuse and equipment.
(3) 
Provide traffic, water, sewage and natural resource impact studies.
(4) 
Ensure that all requirements of § 27-305, Subsection 8, Uses H14 and H115, shall be met for the respective uses.
JJ. 
Use I1 Nonresidential Accessory Buildings.
(1) 
Specify the type of accessory building, structure or use and its proposed location on the premises.
(2) 
Evaluate the need for buffering improvements in addition to the requirement of § 27-2106.
KK. 
Use 15 Oil and Gas Drilling and Operations.
(1) 
A traffic impact study shall be provided.
(2) 
Ensure that all requirements of Part 18, Oil and Gas Drilling and Operations, shall be met.
LL. 
Use 17 Air Landing Field.
(1) 
Ensure that all requirements of § 27-305, Subsection 9, Use 17, shall be met.
(2) 
Evaluate the need for buffering improvements in all areas including warm-up ramps and areas, parking areas, tie-down areas and hangars.
MM. 
Use 18 Tower, Masts, Etc.
(1) 
Ensure that all requirements of § 27-305, Subsection 9, Use I8, shall be met.
NN. 
Extension of a Nonconforming Use Under § 27-2104.2 and Change of a Nonconforming Use Under § 27-2108.
(1) 
Evaluate the adequacy of parking and access.
(2) 
Provide information on proposed methods to abate nuisances as required by Part 21 of this chapter.
(3) 
Ensure the requirements of §§ 27-2204 or 27-2208, whichever is applicable, are met.
(4) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
OO. 
Conversion of a Miniwarehouse of Complex Use F31 to Any Other Permitted Use.
(1) 
The applicant shall specify the proposed use.
(2) 
Ensure the requirements of § 27-305, Subsection 6, Use F31, are met.
PP. 
Use G5 Cellular Communications/Telecommunications Facility.
(1) 
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than the minimum needed to function properly shall be approved.
(2) 
The applicant shall demonstrate, using technological evidence, that the antenna must be located where it is proposed in order to satisfy its function in the company's grid system.
(3) 
The applicant for a new antenna tower shall demonstrate that he has contacted the owners of existing or approved tall structures within 1/4-mile radius of the site proposed for a new tower, asked permission to install the antenna on those structures, and was denied for reasons other than economic matters. Such structures would include smoke stacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.), and other structures which are permitted to exceed the maximum height requirement pursuant to § 27-1910 of this chapter. The application to construct a new tower may be denied if the applicant has not demonstrated a good faith effort to mount the antenna on another structure.
(4) 
The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(5) 
The need for additional buffer improvements shall be evaluated.
(6) 
The applicant shall demonstrate that it is licensed by the Federal Communications Commission.
(7) 
The applicant shall demonstrate compliance with any requirements of the Federal Aviation Administration and the airport area protection standards of this chapter.
(8) 
The applicant shall agree to accommodate other users, including other communications companies, and local police, fire, and ambulance companies, in the use of the antenna support structure. Alternatively, the applicant shall demonstrate reasons for the exclusion of other users. The intent is to reduce the number of antenna support structures needed in the community in the future.
(9) 
Where the communications facility is located on a property with another principal use, access shall be shared, except where the applicant demonstrates that combined access is not practical.
QQ. 
Use F2a Older and Disabled Adult Daily Living Center.
(1) 
Specify the types of uses, activities, structures and accessory uses that will be located on the premises.
(2) 
Specify the hours of operation to determine if they are appropriate for the neighborhood.
(3) 
Provide for adequate drop-off/pick-up area or provide for additional off-street parking.
(4) 
Provide for adequate access for fire and/or emergency service vehicles that would not be impeded by parked vehicles and normal onsite traffic patterns.
(5) 
Identify a designated entity or person who would be responsible for communications with the Township should municipal or emergency services be required.
(6) 
Determine if the joint use of the property for the proposed center and a residential use would have impacts on the neighborhood and adjoining properties.
(7) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
RR. 
Use D5 Golf Course-Residential Community; Country Club; Clubhouse Facilities.
(1) 
The applicant shall provide a site plan which clearly illustrates and identifies all uses proposed for the development. The plan shall identify the proposed location of residential and nonresidential uses. The proposed floor area for specific nonresidential uses shall be identified. Types of residential dwellings shall be identified. The internal road system shall be illustrated. The layout of the golf course shall be illustrated. The site plan shall be submitted to the Board of Supervisors and the Planning Commission, for sketch plan review, prior to submission of an application for special exception to the Zoning Hearing Board.
(2) 
The applicant shall submit a traffic impact statement as specified in § 27-2405. The applicant shall provide a thorough evaluation of potential impacts on all intersections which involve an arterial or any collector road within 1/2 mile of the development site. All traffic generation calculations shall be based on public access and use of the golf course, clubhouse and country club facilities within the development.
(3) 
The applicant shall submit an identification of any building which is 100 years or older. The applicant shall identify proposed uses of any such building. The Zoning Hearing Board shall evaluate any proposals to remove or demolish any such buildings and the applicant shall provide justification that no reasonable use is possible for any such building.
(4) 
The applicant shall certify that water and sewer service capacities are available to serve all proposed uses. In the event an onsite water supply well is proposed for irrigation, a water impact study, as specified in § 27-2407, shall be provided.
(5) 
The applicant shall show compliance with the requirements of § 27-305, Subsection 4, Use D5.
(6) 
The Fire Marshall shall provide a recommendation on the safety aspects related to any proposed buildings over 35 feet in height. The applicant shall address methods necessary to ensure safety and adequate emergency egress from any such buildings. The Zoning Hearing Board shall also consider the impact of such tall buildings on the surrounding area or neighborhood.
(7) 
The need for buffer improvements, in addition to the requirements of this chapter, shall be considered by the Zoning Hearing Board.
SS. 
F35 Combined Convenience Commercial (CCC).
(1) 
Identify the specific uses proposed.
(2) 
A traffic impact study shall be provided.
(3) 
Evaluate the adequacy of parking, access and internal circulation.
(4) 
Specify the hours of operation and methods to abate impacts on surrounding residential properties, particularly after 10:00 p.m.
(5) 
Indicate how parking and refuse storage and lighting will be screened from the view of adjacent properties.
(6) 
Evaluate the need for buffering improvements in addition to the requirements of § 27-2106.
5. 
Expiration. Unless otherwise specified by the Board, a special exception shall expire if the applicant fails to obtain a permit in connection therewith within six months of the date of authorization thereof.
[Ord. 3/29/1990A, § 2007; as amended by Ord. 93-2, 2/8/1993, § 81]
The Board shall hear challenges to the validity of this chapter or Zoning Map, except as indicated in Act 247, §§ 609.1 and 909(1)(b)(4), 53 P.S. §§ 10609.1, 10909(1)(b)(4). In all such challenges, the Board shall take evidence and make a record thereon as provided in § 27-2703.D(4) of this chapter. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
[Ord. 3/29/1990A, § 2008; as amended by Ord. 93-2, 2/8/1993, § 82]
Where the Board has jurisdiction over a zoning matter pursuant to §§ 27-2605, 27-2606 and 27-2608, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 27-2703.D(4). At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become a part of the record on appeal to the court.
[Ord. 3/29/1990A, § 2009]
In exercising the above-mentioned powers, the Zoning Hearing Board may in conformity with law and the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made. Notice of such decision shall forthwith be given to all parties in interest.
[Ord. 3/29/1990A, § 2010]
1. 
Any appeal from the ruling of the Zoning Officer concerning the enforcement and interpretation of the provisions of this chapter shall be filed with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.
2. 
All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board and accompanied by fees prescribed by resolution of the Board of Supervisors.
3. 
All appeals and applications shall refer to the specific provisions of this chapter involved. The landowner or applicant shall first apply for a zoning permit. The Zoning Officer shall review the application and list items or matters to be addressed. A zoning permit will be issued only after a variance or special exception has been granted.
4. 
The applicant shall submit all information and data specified in §§ 27-2504 and 27-305 for the particular use.
[Ord. 3/29/1990A, § 2011]
Appeals to the Zoning Hearing Board may be taken by any person or municipal official aggrieved or affected by any provision of this chapter or by any decision, including any order to stop, cease and desist, issued by the Zoning Officer in enforcing the provisions of this chapter.
[Ord. 3/29/1990A, § 2012]
Upon the filing of an application for a special exception, variance or interpretation of this chapter with the Zoning Hearing Board, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as defined in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. The hearing shall be held within 60 days from the date the applicant files a request for a special exception, variance or interpretation of this chapter.
[Ord. 3/29/1990A, § 2013]
All hearings shall be conducted in accordance with the procedure set forth in § 27-2703.D.
[Ord. 3/29/1990A, § 2014; as amended by Ord. 93-2, 2/8/1993, § 83]
Any persons aggrieved by any decision of the Zoning Hearing Board or the Board of Supervisors may, within 30 days after entry of such decision (as provided in 42 Pa.C.S. § 5572) appeal to the Court of Common Pleas of Montgomery County, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, and specify the grounds upon which he relies. Such appeals shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 11001-A et seq.
[Ord. 3/29/1990A, § 2015]
The applicant for any hearing before the Zoning Hearing Board shall at the time of making application, pay to the Zoning Officer, for the use of the Township, a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors upon enactment of this chapter or as such schedule may be amended from time to time. In addition, an escrow deposit may be required. The escrow deposit requirements shall be set from time to time by resolution of the Board of Supervisors.