[Adopted 5-8-1990 by Ord. No. 3-1990[1]]
[1]
Editor's Note: This ordinance repealed former
Art. XVIII, Rules of Procedure of Board of Supervisors.
The Board of Supervisors shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
A.
Applications for conditional use as provided in this
article.
C.
Petition for amendments to this chapter or the Zoning
Map, provided that any action on such petition shall be deemed a legislative
act.
D.
Appeals from the determination of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or the provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to application for land development under Chapter 72 of the West Goshen Code.
[Amended 10-25-1994 by Ord. No. 3-1994]
A.
Statement of intent. This chapter provides for certain
uses which are conditionally permitted within the Township as conditional
uses, designated as such based upon the Supervisors' recognition that
such uses may or may not be appropriate within such specific zoning
districts where they are otherwise allowed. The Supervisors have therefore
determined that procedures, standards and criteria as established
in this section are appropriate to enable the Supervisors to evaluate
and decide upon conditional use applications. Conditional uses are
so classified because they have the potential for substantial impact
upon the West Goshen Township community as it has developed. Consequently,
these uses must comply with the minimum standards for conditional
uses herein described in addition to the area and bulk regulations,
design standards and general regulations stipulated as controlling
within the zoning district in which the proposed conditional use is
authorized. Failure of any proposed conditional use to comply with
any of these standards and criteria shall be grounds for denial of
a conditional use application. If there is a conflict between the
standards set forth in this section and the other applicable criteria
and standards elsewhere established in this chapter or other applicable
Township ordinances, it is the legislative intent of the Supervisors
that the more stringent standards shall always apply. It is not the
intent of this section to abrogate or impair any other such standards
or requirements.
B.
Application submission procedure.
(1)
Content of application.
(a)
An application for conditional use approval
shall be submitted on a form provided by the Township and shall be
accompanied by the application fee, the amount of which shall be established
by resolution of the Supervisors.
(b)
Whenever a conditional use permit is required by this chapter for any use proposed or inherent in any proposed subdivision or land development, six copies of the conditional use application, accompanied by six copies of the conditional use plan, attachments and explanatory materials shall be filed with the Township contemporaneously with the filing of a preliminary plan for subdivision and/or land development, as applicable, complying with the West Goshen Township Subdivision and Land Development Ordinance, codified in Chapter 72 of the West Goshen Code.
[Amended 3-10-2004 by Ord. No. 3-2004]
(c)
Where a preliminary subdivision or land development plan is not required because the conditional use does not occur within the context of a development requiring subdivision or land development approval, the application for conditional use shall include a plan meeting the preliminary plan specifications established in Chapter 72 of the West Goshen Code.
C.
Administrative application review procedure. The Zoning
Officer shall review the application to determine if it is complete.
If deficient in any required component, the Zoning Officer shall notify
the applicant of the deficiencies in writing. If such identified deficiencies
are not remedied promptly by the applicant, they shall constitute
sufficient grounds for denial by the Supervisors of the application
subsequent to public hearing should the Board deem such deficiencies
to be substantially at variance with the requirements of this or other
applicable Township ordinances.
D.
Review and decision process for conditional use applications.
(1)
Notice of the hearing shall be provided by the Township
in accordance with the requirements of the Pennsylvania Municipalities
Planning Code.[1] The Board shall schedule the first hearing within 60 days
from the date of the Township's receipt of the applicant's application,
unless the applicant has agreed in writing to an extension of time.
Each subsequent hearing shall be held within 45 days of the prior
hearing, unless otherwise agreed to by the applicant in writing or
on the record. An applicant should complete the presentation of his
case-in-chief within 100 days of the first hearing. Upon the request
of the applicant, the Board or Hearing Officer shall assure that the
applicant receives at least seven hours of hearing within the 100
days, including the first hearing. Persons opposed to the application
shall complete the presentation of their opposition to the application
within 100 days of the first hearing held after the completion of
the applicants case-in-chief. An applicant may, upon request, be granted
additional hearings to complete his case-in-chief, provided the persons
opposed to the application are granted an equal number of additional
hearings. Persons opposed to the application, may, upon the written
consent or consent on the record by the applicant and municipality,
be granted additional hearings to complete their opposition to the
application, provided the applicant is granted an equal number of
additional hearings for rebuttal.
[Amended 7-23-1997 by Ord. No. 10-97; 2-12-2003 by Ord. No.
3-2003; 12-10-2008 by Ord. No. 10-2008]
[1]
Editor's Note: See 53 P.S. 10101 et seq.
(2)
The hearing shall be conducted by the Board or the
Board 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. 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 and
accept the decisions or findings of the hearing officer as final.
[Added 4-24-2002 by Ord. No. 4-2002[2]]
(3)
Any substantial revisions to the application or plan made by the applicant subsequent to filing of the application or plan or its review by the Planning Commission shall be subject to review and recommendation by the Planning Commission as specified in Subsection D(1) of this section prior to the Supervisors' public hearing. In such event, the Zoning Officer shall secure from the applicant a written extension of the date within which the Supervisors must hold a public hearing pursuant to Subsection D(1) of this section. If the applicant fails to execute the extension, the Supervisors shall decide the conditional use application on the basis of the plan and application as originally filed.
(4)
A stenographic record of the hearing shall be made
by a certified court reporter, whose appearance fee shall be shared
equally by the applicant and the Township. The cost of the original
transcript shall be paid by the Supervisors only if they order it
or by any party requesting an original transcript or by the person
appealing from the decision of the Supervisors in the event of an
appeal. In either case, the cost of additional copies shall be paid
by the party or person requesting such copies.
(5)
The 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 Supervisors.
The date for the Supervisors' decision may be extended by the applicant
either on the record or in writing addressed to the 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 upon this chapter, the PaMPC or
any 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. A copy of the 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. If, after the conclusion of the public hearing(s), the application
is amended or revised, the Supervisors shall hold one or more public
hearings thereon as may be necessary and shall issue a new decision
thereon in conformance with the procedure established in this section.
In the event that the Supervisors fail to commence the required hearing
within 60 days from the date of the applicant's request for a hearing,
or fail to complete the hearing no later than 100 days after the completion
of the applicant's case-in-chief, unless extended for good cause upon
application to the Court of Common Pleas, 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.
[Amended 4-24-2002 by Ord. No. 4-2002]
(6)
In granting or denying a conditional use or establishing
conditions will respect thereto, the Supervisors shall determine compliance
with the standards and criteria established in this section to be
mandatory. The burden shall be upon the applicant to prove his case
by a fair preponderance of the credible evidence unless any rule of
law shifts that burden to protestants. The standard required by this
subsection shall be deemed a part of the definitional aspect under
which a conditional use may be granted, and the failure of the applicant
to establish his compliance with all of the standards shall constitute
sufficient basis for denial of the application. In allowing a conditional
use, the Supervisors may attach such reasonable conditions and safeguards
in addition to those otherwise expressed in this section as they deem
necessary to implement the purposes of this chapter and any other
applicable Township ordinances.
(7)
Unless otherwise specified by the Board of Supervisors
in the conditional use decision, a conditional use approval shall
expire if the applicant fails to apply for a building permit or, if
no building permit is required, a use and occupancy permit within
one year from the date of the Board's decision approving the conditional
use. In instances where the development which requires conditional
use approval also requires subdivision or land development approval,
the conditional use approval shall be valid for as long as the subdivision
or land development plans are valid pursuant to Section 508 of the
Pennsylvania Municipalities Planning Code,[3] provided that the subdivision or land development plans
are filed within one year after receiving conditional use approval.
If the subdivision or land development plans are not filed within
one year from the date of conditional use approval, the approval shall
expire one year from the date of the Board's decision.
[Amended 4-14-2010 by Ord. No. 02-2010]
[3]
Editor’s Note: See 53 P.S. § 10101 et seq.
(8)
Nothing in this section shall be construed to relieve
the applicant for a conditional use approval from obtaining all other
required approvals mandated by this chapter and other applicable Township
ordinances or regulations and the laws and regulations of state and
federal regulatory authorities.
A.
The following standards shall apply in every conditional
use application, and the burden of proof by a fair preponderance of
the credible evidence to demonstrate compliance with these standards
shall be upon the applicant. In reviewing and acting upon a conditional
use application, the Supervisors shall, in addition to requiring compliance
with the express standards and criteria established in the applicable
zoning district for the use proposed, require the applicant's compliance
with the following standards:
(1)
No conditional use shall be approved unless the Supervisors
find as a fact from the evidence the following:
(a)
That improvements to streets and highways contiguous
to the applicant's property as part of the improvements for the proposed
conditional use development, such as road widening, acceleration/deceleration
lanes, traffic control devices and similar improvements, shall be
sufficient to prevent adverse traffic impacts caused by the proposed
use.
(b)
That buffer areas are provided within the applicant's property to effectively screen the proposed conditional use from adjoining uses and properties whether similar or dissimilar in type or character. Where, in the opinion of the Supervisors, the proposed screening otherwise required by this chapter or Chapter 72 of the West Goshen Code is insufficient to create a visual barrier, additional screening consisting of a mixture of plant materials and trees, both deciduous and coniferous, shall be required.
(c)
That building, structure, parking and street
setbacks from adjoining properties are sufficient to remove any potential
adverse impact or interference with adjoining uses, whether similar
or dissimilar. The Supervisors may require a reasonable increase in
setbacks and/or buffer areas otherwise mandated by the applicable
zoning district regulations.
(d)
That the proposed conditional use shall be served
by adequate and effective public sewer facilities and public water
for domestic and fire supply.
(e)
The applicant shall establish that the capacity
of the road network providing access to the premises in question shall
not lower the level of service of any intersections determined critical
to the proposed use below a level of service C when the incremental
increase in traffic attributable to the proposed use is superimposed
upon the existing use of the road.
[Amended 4-14-2010 by Ord. No. 02-2010]
(f)
The applicant shall establish that the interior
traffic circulation for the proposed use at the proposed location,
including but not limited to acceleration and deceleration lanes where
required at the proposed entrances to the location, shall be adequate
to provide safe and convenient circulation for users of the facility,
visitors to the facility, employees of the facility and all emergency
vehicles that may require entrance thereon.
(g)
The applicant shall establish that the facility
provides safe and convenient pedestrian access and internal circulation
within the grounds of the facility and particularly for points of
access from the facility to the parking areas.
(h)
The applicant shall establish that adequate
screening and buffering is provided between the lands in question
and surrounding residential uses and residentially zoned districts
to screen the facility from view and preclude any glare from lighting
or noise from being ascertainable beyond the boundaries of the property.
(i)
The applicant shall establish that the fire
company which will provide fire protection services to the proposed
use has adequate equipment to reach the highest points of the proposed
building with ladders and hoses or, in the alternative, that the owner
or operator of the facility will provide such equipment.
[Amended 4-14-2010 by Ord. No. 02-2010]
(j)
[2]The applicant shall establish the adequacy and availability
of sanitary sewer facilities and the availability of capacity within
the public sanitary sewage system, if applicable, to service the proposed
facility or such other adequate provision for such service as complies
with the regulations of governmental or quasigovernmental authorities
having jurisdiction.
[2]
Editor’s Note: Former Subsection A(1)(j), which required
that the applicant establish that adequate water storage was available
at the facility for fire-fighting purposes, was repealed 4-14-2010
by Ord. No. 02-2010. This ordinance also provided for the redesignation
of former Subsection A(1)(k) through (m) as Subsection A(1)(j) through
(l), respectively.
(k)
The applicant shall establish that there will
be no increase in surface water runoff at the boundaries of the premises
beyond that runoff presently existing, as required by state law and
Township regulations.
(l)
Public water availability and adequacy shall
be demonstrated.
B.
In granting a conditional use, the Board of Supervisors
shall have the power to attach such reasonable conditions and safeguards,
in addition to those expressed in this chapter, as it may deem necessary
to implement the purposes and provisions of this chapter.
C.
The standards required in this section and those applicable
standards established elsewhere within this chapter shall be deemed
a part of the definitional aspect under which a conditional use may
be granted, and the failure of the applicant to establish its compliance
with all of the standards shall, in the reasonable discretion of the
Board of Supervisors, be deemed either a basis for the establishing
of conditions or limitations on a conditional use approval or, where
warranted, the basis for a determination that the applicant has not
brought himself within the requirements for which a conditional use
may be granted.
[1]
Editor's Note: This ordinance also repealed
former § 84-75, Form of application.
