The Borough Council shall have the power to approve a conditional use when this chapter specifically requires the obtaining of such approval and for no other purpose. Only uses that are specifically identified as conditional uses in Articles V and VIII elsewhere of this chapter will be eligible for conditional use approval.
A.
In granting a conditional use, the Borough Council
shall make findings of fact consistent with the provisions of this
chapter. The Borough Council shall not approve a conditional use except
in conformance with the conditions and standards outlined in this
chapter. In granting a conditional use, the Council 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 and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
B.
The Borough Council shall grant a conditional use
only if it finds adequate evidence that any proposed use submitted
will meet all of the following general requirements as well as any
specific requirements and standards listed herein for the proposed
use. The Borough Council shall, among other things, require that any
proposed use and location be:
(1)
In accordance with the Borough's Comprehensive Plan;
(2)
Suitable for the property, 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;
(3)
(4)
Able to be established with guaranteed adequate parking
and access arrangements to protect people, streets and parking areas
from congestion and hazard, as demonstrated by submitted studies and
reports.
C.
In addition to the requirements specified in this
chapter, the applicant shall provide all information necessary for
the Borough Council to make its evaluation.
D.
The Borough Council shall request an advisory opinion
from the Borough Planning Commission on any application for a conditional
use. The Planning Commission shall submit a report of such advisory
opinion prior to the date of the public hearing held by the Borough
Council on an application. The Planning Commission may request a report
from the Borough Engineer or other professional consultants or staff.
The Planning Commission opinion can be reported in the form of meeting
minutes.
E.
The Borough Council, at its sole discretion, may require
the submission of studies identifying the impact of the proposed development
on traffic, parking, environmental conditions, stormwater, or aesthetics.
A.
The applicant shall make a written request to the
Borough Council that it hold a hearing on the application.
B.
The application shall be accompanied by plans and
other materials necessary to address the general and specific conditions
of this chapter. The minimum requirements are:
(1)
A site layout plan drawn to scale showing the location,
dimensions and height of proposed buildings, structures or uses and
any existing buildings in relation to property and street lines. The
site layout plan shall be prepared by and contain the seal of a professional
engineer, land surveyor or landscape architect registered in the Commonwealth
of Pennsylvania.
(2)
The following information shall be provided with the
conditional use application:
(a)
Statement as to the proposed use of the building
or land. A description of proposed residential, institutional, businesses
and offices, retail, consumer uses, or other uses.
(b)
The information regarding natural resource protection
requirements as required by this chapter.
(c)
The location, size, arrangement, and capacity
of all areas to be used for motor vehicles access, off-street parking,
off-street loading and unloading, and provisions to be made for lighting.
(d)
The location, dimensions, and arrangements of
all open spaces, yards and buffer yards, including methods to be employed
for any required buffering.
(e)
Proposed signs.
(f)
The location and dimensions of sidewalks and
all other areas to be devoted to pedestrian use.
(g)
Provisions to be made for treatment and disposal
of wastewater, water supply, and stormwater.
(h)
The location, size, arrangement and capacity
of all areas to be used for motor vehicle access, and all necessary
traffic improvements for safe on-site ingress or egress, off-street
parking, off-street loading and unloading and provisions to be made
for lighting such areas.
(i)
Description of methods to be employed in controlling
any noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards. The environmental standards contained in
this chapter and in other Borough ordinances shall be utilized as
the reference for applicable standards.
(j)
Any other data deemed necessary by the Borough
Council to enable it to determine the compliance of the proposed development
with the terms of this chapter.
A.
All applications for conditional use approvals shall
be in writing on standard forms prescribed by the Borough Council
and accompanied by the fee and escrow amount established by resolution
of the Borough Council.
B.
The Borough Council shall hold a hearing upon the
request, commencing no later than 60 days after the request is filed,
unless the applicant requests or consents in writing to an extension
of time.
C.
The Borough Council shall conduct hearings and make
decisions in accordance with the procedures set forth in this chapter
and the Pennsylvania Municipalities Planning Code for conditional
uses.
D.
The Council may impose whatever conditions regarding
layout, circulation, design, parking and other zoning controls it
deems necessary to ensure that a proposed development will secure
the objectives of this chapter and protect the health, safety, and
welfare of the Borough.
The Board shall comply with all requirements
of the Pennsylvania Municipalities Planning Code for zoning hearing
boards.
A conditional use shall expire if the applicant
fails to obtain a zoning permit within one year of the date of the
granting of the conditional use; provided, however, that:
A.
If the subject matter of the conditional use requires
either a subdivision or land development, the conditional use shall
expire if the applicant fails to file the required subdivision or
land development plan within one year of the granting of the conditional
use. The applicant shall have six months after the final plans of
the subdivision or land development are approved and recorded to obtain
a zoning permit; and
B.
The Borough Council may grant one extension of time
for a period not to exceed one year if the landowner or his agent
requests such an extension, and if good cause for the extension is
shown.
C.
A conditional
use shall expire if such use, previously approved by Council in accordance
with the applicable provisions of this chapter, and for which a final
use and occupancy permit has been issued, shall cease to operate for
period of at least one year. In such case, the use previously approved
by conditional use shall not be reestablished without compliance with
the provisions of this article and all other applicable provisions
of this chapter.
[Added 6-15-2010 by Ord. No. 2010-03]
