The Board of Supervisors shall have the power
to approve or disapprove conditional uses when this chapter specifically
requires the obtaining of such approval in accordance with the following
provisions.
A.
In granting a conditional use, the Board of Supervisors
shall make findings of fact consistent with the provisions of this
chapter. The Board of Supervisors shall not approve a conditional
use except in conformance with the conditions and standards outlined
in this chapter.
B.
The Board of Supervisors shall grant a conditional
use only if it finds adequate evidence that any proposed development
submitted will meet all of the following general requirements as well
as any specific requirements and standards listed herein for the proposed
use. The Board of Supervisors shall require that any proposed use
and location among other things be:
(1)
In accordance with the Lower Makefield Township Comprehensive
Plan and consistent with the spirit, purposes and intent of the applicable
zoning district.
(2)
An improvement which shall not be a detriment to the
properties in the immediate vicinity.
(3)
Suitable for the property in question and designed
to be constructed, operated and maintained so as to be in harmony
with and appropriate in appearance with the existing or intended character
of the general vicinity.
(4)
In conformance with all applicable requirements of
this chapter and all Township ordinances.
(5)
Suitable in terms of effects on highway traffic and
safety with arrangement for access adequate to protect streets from
undue congestion and hazard.
C.
The burden of proof in a conditional use application
shall be on the applicant to establish that all of the conditions
are in the spirit of this chapter.
D.
Where an applicant requires subdivision or land development
approval, in addition to conditional use approval, the applicant may
file applications simultaneously for both the subdivision or land
development and the conditional use, in which event the Township shall
review the applications simultaneously. Approval of both the subdivision
and land development and the conditional use shall be required before
the issuance of any zoning permits.
Conditional use applications shall be governed
by the following:
A.
The landowner shall make a written request to the
Board of Supervisors of Lower Makefield Township. The request shall
contain a statement reasonably informing the Board of Supervisors
of the matters that are at issue.
B.
The application shall be accompanied by site and building
plans and other materials describing the use or development proposed.
Such plans and other materials shall provide a sufficient basis for
evaluating the applicant's request. All information required by this
chapter shall accompany the application. In the case of an application
for Farmland Preservation Development, the application shall include
a specific delineation of all areas of prime farmland and farmland
of statewide importance on the site. For solid waste facilities, quarry,
or a lawful use not otherwise permitted, the application shall be
accompanied by the environmental impact assessment required for these
uses.
A.
General.
(1)
The Board of Supervisors shall request an advisory
opinion from the Township Planning Commission on any application for
a conditional use; the Township Planning Commission is to submitted
a report of such advisory opinion prior to the date of the public
hearing held by the Board of Supervisors on the application.
(2)
The Board of Supervisors shall hold a hearing upon
the request, commencing not later than 60 days after the request is
filed, unless the applicant requests or consents, in writing, to an
extension of time.
(3)
The Board of Supervisors may impose whatever conditions
it deems necessary to ensure that any proposed development will comply
substantially with the objectives of this chapter.
B.
Hearing. The Board of Supervisors shall conduct hearings
and make decisions in accordance with the following:
(1)
The parties to the hearing shall be Lower Makefield
Township, any person affected by the application who has made timely
appearance of record and any other person including civic or community
organizations permitted to appear by the Board of Supervisors. The
Board of Supervisors may require that all persons who wish to be considered
parties enter appearances, in writing, on forms provided for that
purpose.
(2)
The Chairman or Acting Chairman shall have the power
to administer oaths of witnesses.
(3)
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
(4)
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
(5)
The Township at its discretion may require a stenographic
record of the proceedings, and such transcript of the proceedings
and copies of graphic or written material received in evidence shall
be made available to any party at cost.
