A conditional use may be granted by the Board of Supervisors,
provided that the express standards and criteria set forth in this
chapter are followed. Requests for such uses will be heard by the
Board of Supervisors upon the filing of a conditional use application,
which shall be reviewed under the following general conditions:
A.
Conditional use applications shall be governed by the following:
(1)
The landowner shall make a written request to the Board of Supervisors
that it hold a hearing on his application. The request shall contain
a statement reasonably informing the Board of Supervisors of the matters
that are in issue. All applications shall be made on forms specified
by the Board, and no application form shall be accepted unless the
same shall be fully and legibly completed and unless all exhibits
and supplemental material required by the application shall be attached
and until all fees required under this chapter shall have been paid.
(2)
The application shall be accompanied by plans and other material
describing the use or development proposed. Such plans and other materials
shall provide a sufficient basis for evaluating the applicant's request.
Information required by this chapter shall accompany the application.
(3)
The Board of Supervisors shall hold a hearing pursuant to public
notice 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. Hearings shall be conducted in accordance
with the time limits and requirements of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Board of Supervisors shall conduct hearings and make decisions
where this chapter has provided for stated conditional use approval
to be granted or denied by the Board of Supervisors pursuant to express
standards and criteria.
(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.
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
state or federal law or 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 subsection or fails to hold the
required hearing within 60 days from the date of the applicant's request
for a hearing, 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 governing
body to meet or render a decision as hereinabove provided, the governing
body 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 this act. If the
governing body shall fail to provide such notice, the applicant may
do so.
(3)
Nothing in this subsection 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.
C.
The applicant for any hearing on a conditional use request before
the governing body shall, at the time, make application and pay a
fee in accordance with the Township Fee Schedule[2] adopted by the Board of Supervisors or as such schedule
may be amended from time to time.
D.
In considering a conditional use, the Board of Supervisors shall
make findings of fact consistent with the provisions of this chapter.
The Board shall not approve a conditional use except in conformance
with the conditions and standards outlined in this chapter.
E.
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 requirements and standards listed herein
for the proposed use. The Board shall, among other things, require
that any proposed use and location be:
(1)
In accordance with the Township Comprehensive Plan.
(2)
In the best interests of Warwick Township, the convenience of
the community and the public welfare.
(3)
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.
(4)
In conformance with all applicable requirements of this chapter
and all other Township ordinances.
(5)
Suitable in terms of effect on highway traffic and safety, with
adequate access arrangements to protect streets from undue congestion
and hazard.
(6)
In accordance with sound standards of subdivision and land development
practice, where applicable.
F.
The Board of Supervisors may impose reasonable conditions as it deems
appropriate to ensure that any proposed development will secure substantially
the objectives of this chapter.
G.
Review by the Planning Commission. The Board of Supervisors will
request an advisory opinion from the Planning Commission on any application
for a conditional use, and the Planning Commission will submit a report
of such advisory opinion prior to the date of the public hearing held
by the Board. The Planning Commission may request a report from the
Township Engineer.
H.
Life of a decision. A conditional use granted by the Board of Supervisors
in accordance with this section shall expire at the end of one year
from the date of the decision, unless the applicant or owner or successor
in interest has commenced construction within that time. Construction
will be deemed commenced upon the issuance of a building and/or zoning
permit for the approved use. Upon a showing by the applicant of due
diligence in proceeding toward land development approval, the Board
of Supervisors may renew the conditional use for an additional one-year
period.
The Board of Supervisors may from time to time amend this chapter,
including the Zoning Map,[1] as provided by law.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
The Board of Supervisors or, at its request, Township Planning
Commission shall prepare ordinances and amendments to this chapter
and the Zoning Map. In the case of an ordinance or amendment other
than one prepared by the Township Planning Commission, the Board of
Supervisors shall submit each such ordinance or amendment to the Township
Planning Commission and provide it an opportunity to submit recommendations.
Upon completion and review of ordinances and amendments, the
Board of Supervisors or Township Planning Commission shall submit
the proposal to the County Planning Commission. However, the Board
of Supervisors may not conduct a public hearing on the proposal unless
the County Planning Commission has been given 30 days prior to the
hearing to review and comment on the proposed ordinance or amendment.
Before voting on the enactment of any amendment, the Board of
Supervisors shall hold a public hearing pursuant to the public notice.
Such notice shall state the time and place of the hearing, the particular
nature of the matter to be considered at the hearing and the full
text of the amendment, or a brief summary setting forth the principal
provisions in reasonable detail shall be included, together with notice
of a place in the Township where a copy of the ordinance or amendment
may be examined. The first publication shall be not more than 30 days
or less than 14 days from the date of the hearing. If, after any public
hearing held upon an amendment, the proposed amendment is revised
to include land previously not affected by it, the Board of Supervisors
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
A notice of the proposed amendment to the Zoning Map shall be
conspicuously posted by the municipality at points deemed sufficient
by the municipality along the perimeter of the tract to notify potentially
interested citizens. The affected tract shall be posted at least one
week prior to the date of the hearing.
A copy of the adopted ordinance or amendment to this chapter
or the Zoning Map shall be forwarded to the County Planning Commission
within 30 days of adoption.
A landowner who desires to challenge on substantive grounds the validity of this chapter or any part hereof which prohibits the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors, with a written request for hearing. The Board of Supervisors shall commence a hearing thereon within 60 days of the submission of a properly completed request following procedures outlined in Article VI, Section 609.1, and Article IX, Section 916.1, of the Pennsylvania Municipalities Planning Code, as amended.
