[Ord. 05-01-01, 5/7/2001]
1.
Application for any conditional use hereunder shall be made to the
Township Secretary, who shall refer such application to the Planning
Commission. In addition, the Planning Commission shall forward a copy
of the application to the Board of Supervisors for their review and
information. The Planning Commission shall consider the proposal,
and shall transmit their recommendation that the Township Supervisors
approve or disapprove within 90 days of receipt. All applications
for such uses shall include a written statement describing the tract
of land and its intended use and a site plan of the proposed development
or area developed in accord with the following criteria:
A.
The Written Statement. The written statement shall contain the following
information:
(1)
The location and size of the tract of land.
(2)
The present use of adjoining tracts.
(3)
The present use of the tract for which the conditional use is
proposed.
(4)
The type of conditional use for which the application is being
made.
(5)
A detailed description of the type and extent of the activities
to take place on the land.
(6)
An accurate estimate of any cost pertinent to bonding.
(7)
The names, addresses, and phone numbers of: the applicant, the
owner, the developer of the conditional use, the person or organization
which will operate the conditional use. When any of the above are
corporate entities, the names, addresses and phone numbers of the
Chief Executive Officers of those corporate entities shall be listed.
If any corporate entity listed hereunder is owned or controlled by
another corporate entity or parent company, the same information shall
be supplied for the parent company.
(8)
Failure to provide accurate, current or complete information
with regard to any of the above shall constitute grounds for rejection
of the application. Should said failure to provide accurate and complete
information become apparent after the issuance of a conditional use
permit, said permit may, at the option of the Township Supervisors,
be revoked, and the Township may proceed against the parties as if
they had never obtained a permit.
B.
The Site Plan. The site plan shall be drawn to scale sufficient to
clearly show the features of the tract and shall show:
(1)
A title block containing the name of the developer or landowner,
date, scale, and name and profession of the preparer of the plan.
(2)
Tract boundaries showing bearings and distances.
(3)
Existing significant natural or man-made features of the site.
(4)
Existing and proposed streets, rights-of-way, easements, means
of access, and setback lines.
(5)
Existing and proposed buildings, sewers, water mains, culverts,
transmission lines, utilities, and fire hydrants on or adjacent to
the site.
(6)
Proposed grading and drainage plan.
(7)
Proposed plan of landscaping for the tract, showing all paved
and planted areas, screens, buffer zones, and fencing.
(8)
Plans of any proposed sanitary sewer or storm sewer systems,
including a stormwater management plan as appropriate, and water supply
system.
(9)
Location, size and floor plan of all proposed buildings or structures
and proposed use of all buildings, structures, enclosed, and open
areas of the tract.
(10)
Failure to provide accurate or complete information with regard
to any of the above shall constitute grounds for rejection of the
application. Should said failure to provide accurate and complete
information become apparent after the issuance of a conditional use
permit, said permit may, at the option of the Township Board of Supervisors,
be revoked, and the Township may proceed against the parties as if
they had never obtained a permit.
C.
Criteria for Conditional Uses. The Planning Commission shall consider
the following criteria in making their recommendations:
(1)
The purpose of the zone in which a requested conditional use
would be located, and the compatibility of the requested conditional
use with the existing and potential land uses on adjacent tracts of
land.
(2)
Whether the specific site is an appropriate location for the
use, structure or condition with regard to the problems of water supply,
sewage and waste disposal, and potential for pollution of water supplies
down gradient should some system fail at the site.
(3)
Whether the use as developed will adversely affect the neighborhood,
including but not limited to property values, health, safety, character
of the neighborhood, and increase in traffic, noise, and congestion.
(4)
Whether the use as developed will create nuisance or hazard
to vehicles and pedestrians.
(5)
Whether adequate and appropriate facilities will be provided
to ensure the proper continuing operation of the proposed use.
(6)
The economic, noise, glare or odor effects of the proposed use
on adjoining and nearby properties, and properties generally in the
district.
(7)
Whether satisfactory provision and arrangement has been made
for the following:
(a)
Ingress and egress to the property and structures thereon, with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastrophe.
(b)
Off-street parking and loading areas.
(c)
Refuse storage and service areas.
(d)
Utilities, with reference to location, availability and compatibility.
(e)
Sewage and wastewater treatment and disposal.
(f)
Stormwater management.
(g)
Drinking water supply.
(h)
Screening and buffering with reference to type, design, dimension
and character.
(i)
Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect, and compatibility and harmony
with properties in the district.
(j)
Required yards and open spaces.
(k)
Such other factors that are deemed relevant by the Planning
Commission or the Township Supervisors, or as may be brought to their
attention.
D.
Presentation of Material. In presenting material relevant to any
portion of this Part, the burden of proof shall be on the applicant
to affirmatively demonstrate (1) that the criteria have been addressed
and (2) that the criteria have been, or will be, met insofar as possible.
Failure to meet the burden of proof shall be grounds for the rejection
of the application, or an adverse recommendation.
E.
Presenting Material to the Board of Supervisors.
(1)
The applicant and members of the public shall be afforded an
opportunity to present material, evidence, and plans, as appropriate,
to the Township Supervisors at a public hearing pursuant to public
notice after the Township Supervisors have received the recommendation
of the Planning Commission. The Township Supervisors shall decide
on a conditional use permit application only after having afforded
the applicant, the public, and the Planning Commission the opportunity
to give evidence and comment at a public meeting.
(2)
Should questions arise that cannot be answered at the initial
public hearing, the Township Supervisors may schedule additional public
hearings as may be necessary.
(3)
The Board shall either grant or deny the permit within 60 days
of the last public hearing on the conditional use application.
F.
Bonding and Financial Security. The Township Supervisors may require
that bonds or other forms of financial security be given by the applicant
to ensure that work such as reclamation be accomplished, or that sewage
and water systems will be properly maintained, or in any instance
where the Township Supervisors feels that such security is necessary.
The terms of such bond or other security shall be as the Township
Supervisors, in consultation with the Township Solicitor and the Planning
Commission shall find appropriate.
G.
Other Terms and Conditions. In addition to the above, the Township
Supervisors may make other such conditions as it deems necessary to
protect the health, welfare, and safety of the Township residents
a condition of approval for a conditional use permit hereunder. Such
conditions may include, but are in no way limited to: the construction
and maintenance of test or monitoring wells, regular testing of effluents,
the construction of embankment walls to contain spills, and similar
measures to track and test the effectiveness of waste treatment systems,
contain or limit damage should some system or storage fail, and the
like.
H.
Decision of the Board.
(1)
The Township Supervisors shall be in no way obligated to render
a favorable decision on a conditional use application merely because
the applicant has made a proper application, and presented material
to the Planning Commission and the Township Supervisors.
(2)
Furthermore, mere economic expediency, or the fact that land
was purchased, subdivided, or sold, with the expectation of obtaining
a conditional use permit, or that the landowner or developer has gone
to considerable monetary expense to prepare plans and applications
hereunder, or that any other (conforming) use of the land will not
be as profitable, shall not, in and of themselves, be reasons for
granting a conditional use hereunder.
(3)
The Township Supervisors may reject any application, although
properly and timely filed, and meeting all of the requirements hereunder,
if in their view, after receiving the recommendation of the planning
commission, and allowing the applicant to present evidence on his
own behalf, and hearing comment from the public, such use would not
be in the best interests of the residents of the Township.
[Ord. 05-01-01, 5/7/2001]
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R District only, refer to § 15-422.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R District only, refer to § 15-423.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R, A and O Districts, refer to § 15-429.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R and C Districts, refer to § 15-407.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R District, refer to § 15-405.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R District, refer to § 15-406.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R District, refer to § 15-434.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R District, refer to § 15-415.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R District, refer to § 15-410.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the C and I Districts, refer to § 15-436.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the C District, refer to § 15-426.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the C District only, refer to § 15-425.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the C District, refer to § 15-435.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the A and O Districts, refer to § 15-441.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the A, C and O Districts, refer to § 15-427.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the A District only, refer to § 15-443.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the A District only, refer to § 15-439.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the O District only, refer to § 15-409.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the O District only, refer to § 15-442.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the C District only, refer to Part 13.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the R District only, refer to § 15-418.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the C District only, refer to § 15-421.
[Ord. 05-01-01, 5/7/2001]
Conditional use in the C District only, refer to § 15-444.
