The Board of Supervisors shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A. Applications for approval of planned residential developments;
B. Applications for conditional use approval;
C. Applications to amendment this chapter; and
D. Petitions to rezone a parcel or change zoning boundaries.
All applications for conditional use approval shall be submitted
to the Zoning Officer, in the form prescribed by the Township, and
shall contain the following:
A. No fewer than three full-scale copies and 10 half-scale copies of
a site plan showing, at a minimum, all existing and proposed structures
and buildings on the property, location and number of parking spaces,
and location of all signs pertaining to the conditional use;
B. Legal documents verifying the applicant's legal interest in
the subject property (i.e., deed, sales agreement, or lease) or, if
the applicant is not the landowner, a written, notarized, authorization
signed by the landowner permitting the applicant to act on the landowner's
behalf;
C. Five copies of a written statement describing the proposed use, including specific details addressing the manner in which the proposal meets the express standards and criteria specified in Article
V, and the express standards and criteria for such use as specified in this article relative to the appropriate zoning district;
D. The full application fee and/or deposit as set from time to time
by resolution by the Board of Supervisors; and
E. Where renovations or modifications of an existing building are contemplated,
construction plans, showing the scope, nature, and extent of the renovation
or modification.
[Amended 9-21-2015 by Ord. No. 106; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A. Applications. A written application for conditional use approval
shall be filed with the Township Building Code Official, which application
shall contain or be accompanied by a site plan and such other pertinent
data information necessary to assure the fullest practicable presentation
of all the relevant facts concerning the application, and a notarized
statement by at least one of the owners of the subject property attesting
to the truth and correctness of all facts and information presented
with the application. A fee shall be paid upon the filing of each
such application in an amount as established from time to time by
resolution.
B. The written application for conditional use approval, upon the complete
filing thereof, shall be provided to the Township Planning Commission
for recommendations, such recommendations to be provided in sufficient
time for the Board of Supervisors to comply with the time limits provided
in the Municipalities Planning Code, 53 P.S. § 10101 et
seq., and hereinafter in this section. Notice of hearings on conditional
uses shall be provided in accordance with Section 908(1) of the Municipalities
Planning Code, 53 P.S. § 10908(1), and notice of the decision
shall be provided in accordance with Section 908(10) of the Municipalities
Planning Code, 53 P.S. § 10908(10). In allowing a conditional
use, the Board of Supervisors may attach such reasonable conditions
and safeguards, other than those related to off-site transportation
or road improvements, in addition to those expressed in this chapter,
as it may deem necessary to implement the purposes of this chapter
and the Municipalities Planning Code, 53 P.S. § 10101 et
seq.
C. The Board of Supervisors shall hold hearings on and decide requests
for conditional uses in accordance with the express standards and
criteria provided in this chapter. In granting a conditional use,
the Board of Supervisors may attach such reasonable conditions and
safeguards, other than those related to off-site transportation or
road improvements, in addition to those expressed in this chapter,
as it may deem necessary to implement the purposes of this chapter
and the Municipalities Planning Code, 53 P.S. § 10101 et
seq.
D. The hearing or hearings shall be conducted by the Board of Supervisors,
or the Board of Supervisors may appoint any member or an independent
attorney as a hearing officer. The decision or, where no decision
is called for, the findings shall be made by the Board of Supervisors.
However, the appellant or the applicant, as the case may be, in addition
to the Township, may, prior to the decision of the hearing, waive
decision or findings by the Board of Supervisors and accept the decision
or findings of the hearing officer as final.
E. Decisions.
(1) The
Board of Supervisors shall render a written decision or, when no decision
is called for, make written findings on the conditional use application
within 45 days after the last hearing before the Board of Supervisors.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefor. Conclusions based on any provisions of
this chapter, the Municipalities Planning Code, 53 P.S. § 10101
et seq., or of any ordinance, rule or regulation shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found.
(2) Where
the Board of Supervisors fails to render the decision within the period
required by this section or fails to commence, conduct or complete
the required hearing as provided in Section 908(1.2) of the Municipalities
Planning Code, 53 P.S. § 10908(1.2), the decision shall
be deemed to have been rendered in favor of the applicant unless the
applicant has agreed, in writing or on the record, to an extension
of time. When a decision has been rendered in favor of the applicant
because of the failure of the Board of Supervisors to meet or render
a decision as hereinabove provided, the Board of Supervisors shall
give public notice of the decision within 10 days from the last day
it could have met to render a decision in the same manner as required
by the public notice requirements of the Municipalities Planning Code,
53 P.S. § 10101 et seq. If the Board of Supervisors shall
fail to provide such notice, the applicant may do so.
F. Nothing in this section shall prejudice the right of any party opposing
the application to appeal the decision to a court of competent jurisdiction.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him no later than the day following its date.
G. Additional costs. The applicant must pay any additional costs including
solicitors' fees, engineers' fees, and stenographic fees that exceed
the application fee.
H. Expiration. Whenever the Board of Supervisors grants a conditional
use in accordance with all terms and conditions of this chapter, and
in accordance with any other special conditions or requirements which
are or may be set forth in such conditional use, the applicant shall
be duly notified at the time of notification of approval that the
conditional use shall not expire at the end of six months from the
date of notification of approval if:
(1) The
applicant has not secured the building permits or occupancy permits,
as required, within the six-month period.
(2) The
conditional use required construction and the applicant has failed
to begin construction within such one-year period.
(3) The
conditional use does not involve construction, and no utilization
of the conditional use has been made within such one-year period.
In the event of such expiration, the conditional use previously granted
shall be void, and the Building Code Official (Zoning Officer) shall
revoke all permits which may have been issued.
The grant of a conditional use shall expire one year from the
date of the Board of Supervisors' written decision unless the applicant
has applied for and obtained a building permit and commenced construction
or, in a case where the conditional use does not require the issuance
of a building permit, the applicant has applied for and obtained an
occupancy permit and has commenced the use which is the subject of
the conditional use approval. Expiration of the conditional use approval
under this section shall require the applicant to reapply for conditional
use approval.
Before approving a conditional use application, the Board of
Supervisors shall determine that the proposed use complies with the
following general standards and criteria, which are in addition to
any other requirements in this chapter for a specific type of use:
A. The proposed use will not alter the established character and use
of the neighborhood or district in which it is located, and will not
substantially impair the use or development of adjacent properties.
B. The establishment, maintenance, location, and operation of the proposed
use will not be detrimental to or endanger the public health, safety,
morals, comfort, or general welfare.
C. The proposed use complies with all applicable provisions and requirements
for that type of use contained in this chapter (unless a variance
to any provision has been granted by the Zoning Hearing Board) and
all other applicable federal, state, county, and Township laws, statutes,
ordinances and regulations.
D. The proposed use is compatible with surrounding land uses. It does
not have a negative impact on the existing neighborhood or development
in terms of air and water quality, noise, illumination and glare,
restrictions to natural light and air circulation or other hazardous
conditions that could endanger surrounding residents or impair the
use of surrounding properties.
E. The proposed site of the conditional use is suitable in terms of
topography, soil conditions, and size, based on number of projected
users and the frequency of use of the proposed use.
F. The proposed use and site provides for safe, adequate vehicular and
pedestrian access. It has access from a street capable of handling
the traffic generated by the proposed use, and it will not result
in undue traffic congestion and hazardous conditions on adjacent streets.
The use provides for safe and efficient internal circulation and sufficient
off-street parking and loading.
G. The proposed use complies with all applicable standards and requirements
for providing sanitary sewage disposal, water supply, stormwater management,
and solid and toxic waste storage and disposal.
H. The proposed use provides landscaping, screening and buffer areas
sufficient to protect the use, enjoyment and development of adjacent
properties.
I. The proposed use is in general conformity with the Comprehensive
Plan.