To permit specific uses in a particular zone subject to the
following:
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications for all special exceptions. Special
exceptions are to be granted or denied by the Board pursuant to express
standards and criteria. The Board shall hear and decide requests for
such special exceptions in accordance with such standards and criteria.
In granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of this
chapter.
A.
All applicants shall submit six sets of site plans to the Zoning
Officer when making application for a special exception. The following
information shall be included, where applicable.
B.
Site plans shall be drawn to scale and be prepared by an engineer,
surveyor or landscape architect licensed in Pennsylvania.
(1)
A statement as to the proposed use of the building or land.
(2)
A copy of the recorded deed.
(3)
A site layout drawn to a scale of not less than one inch equals 50
feet showing the location, dimensions and height of proposed buildings,
structures, or uses and any existing buildings in relation to property
which is scheduled to be developed in successive stages. Such plans
shall show the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
(4)
The location, dimension, and arrangements of all open spaces, yards
and buffer yards, including methods and materials to be employed for
screening.
(5)
The location, size, arrangement and capacity of all areas to be used
for motor vehicle access, off-street parking, off-street loading and
unloading and provisions to be made for lighting such areas.
(6)
The dimensions, location and methods for illumination for signs.
(7)
The location and dimensions of sidewalks and all other areas to be
devoted to pedestrian use.
(8)
Provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply and storm drainage.
(9)
The capacity and arrangement of all buildings used or intended to
be used for dwelling purposes, including the proposed density in terms
of number of dwelling units per acre of land.
(10)
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion or other safety hazards.
(11)
Description of methods to be employed in controlling any excess
noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards.
(12)
The Zoning Officer shall, within 10 days of plan submission
which is in total compliance with the requirements of this section,
submit one copy of said plan to the Zoning Hearing Board and one copy
to the Planning Commission.
(13)
The Planning Commission shall, within 30 days of receipt of
said plan, review and submit comments and suggestions to the Zoning
Hearing Board which, after a public hearing, approves or disapproves
the proposed use. If disapproved, the reasons for disapproval shall
be clearly stated on one copy of the submission and returned to the
applicant. The Zoning Officer shall deny a zoning permit for the proposed
development until written approval of the Zoning Hearing Board is
obtained. Approval may be made conditional upon the applicant's
adoption of specified changes in the submission.
The Zoning Hearing Board shall approve any proposed authorized
special exception use if the Board finds adequate evidence that any
proposed use will meet all the following general requirements as well
as any specific requirements and standards listed in this chapter
for the proposed use. General conditions and requirements are as follows.
The proposed special exception use shall be:
A.
In accordance with the Comprehensive Plan and consistent with the
spirit, purposes, and intent of this chapter;
B.
In the best interests of the Borough, the convenience and public
welfare of the community, and not adversely affect property in the
immediate vicinity;
C.
Suitable for the property in question, and designated, 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;
D.
In conformance with all applicable requirements of this chapter;
E.
Suitable in terms of permitting the logical, efficient and economical
extension of public services and facilities such as public water,
sewers, police and fire protection;
F.
Suitable in terms of effects on street traffic and safety with adequate
sidewalks and vehicular access arrangements to protect streets from
undue congestion and hazard.
The Zoning Hearing Board may impose additional conditions regarding
layout, circulation and performance it deems necessary to insure that
any proposed development will substantially secure the objectives
of this chapter and be compatible with surrounding properties.
Any proposed use occurring within a floodplain permitted as
a special exception as identified in the Floodplain Management Ordinance,[1] as amended from time to time, shall be in strict conformity
with the provisions of this Zoning Ordinance and the Floodplain Management
Ordinance.
A.
Review factors. In reviewing applications for special exceptions
in floodplain districts, as permitted by the Floodplain Management
Ordinance or this Zoning Ordinance, the Zoning Hearing Board shall
consider all relevant factors and procedures specific in other sections
of this Zoning Ordinance and:
(1)
The danger to life and property due to increased flood elevations
or velocities caused by encroachments.
(2)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(4)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility
to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding
for the proposed use.
(8)
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for the area.
(10)
The safety of access to the property in time of flood for ordinary
and emergency vehicles.
(11)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
(12)
Such other factors which are relevant to the purposes of this
chapter.
B.
Supplemental technical review. The Zoning Hearing Board may refer
any application and accompanying documentation pertaining to any request
for a special exception to any engineer or other qualified persons
or agency for technical assistance in evaluating the proposed project
in relation to flood heights and velocities, and the adequacy of the
plans for protection and other related matters.
C.
Conditions for approving special exceptions. Special exceptions shall
only be issued after the Zoning Hearing Board has determined that
the granting of such will not result in:
