[Added 4-19-2001 by Ord. No. 1279]
A.
In evaluating an application before the Borough Council
for a conditional use or before the Zoning Hearing Board for a special
exception, the Council and the Board shall require the applicant to
provide reports, maps, plans and other related papers to ensure that
the proposal:
(2)
Will be consistent with the statement of purpose
articulated for the district in which the use is proposed;
(3)
Will be consistent with the Borough Comprehensive
Plan and, in particular, the plans for land use, community facilities,
utilities, and the map depicting areas of environmental concern;
(4)
Will conform to all requirements of the Borough
Subdivision and Land Development Ordinance and all other applicable
ordinances, codes, and regulations;
(5)
Will not adversely affect the health, safety,
and general welfare of the surrounding area and the Borough;
(6)
Will promote the harmonious and orderly development
of the zoning district involved;
(7)
Will be compatible with the character and type
of development existing in the area which surrounds the site in terms
of the size, scale, height, and bulk of the proposed uses and the
size, shape, and placement of buildings and other structures;
(8)
Will not detract from or cause harm to neighboring
properties by creating a negative impact on the aesthetic character
of the community;
(9)
Will be compatible with the uses permitted in
the surrounding area in terms of the density and/or intensity of land
use;
(10)
Will reflect effective site planning and design
in terms of energy efficiency, environmental protection and aesthetics;
(11)
Will be reflective of sound engineering and
land development design and construction principles, practices, and
techniques;
(12)
Will be consistent with the logical, efficient,
and cost-effective extension of public services and will not adversely
affect the public services and utilities of surrounding properties
of the Borough, as a whole, in terms of public water, sewers, police,
and fire protection and schools;
(13)
Will include proposals for the effective disposal
of solid waste;
(14)
Will provide safe and efficient access to roads
and will not create traffic congestion, hazardous traffic conditions
or excessive traffic volumes;
(15)
Will be developed so as to limit the number
of access points along a major public street and to develop frontage
of buildings on access roads which are parallel or perpendicular to
a major public street;
(16)
Will provide any improvements needed to guarantee
compatibility with adjoining roads;
(17)
Will provide continuity of existing circulation
systems including sidewalks, trails, and other walkways;
(18)
Will provide adequate off-street parking and
loading which will be minimally visible from adjoining public streets;
(19)
Will utilize effective stormwater management
techniques and soil erosion and sedimentation control techniques which
are in character with and complementary to the proposed site grading
and landscaping;
(20)
Will provide for adequate environmental controls
and performance standards to minimize noise, vibration, glare, heat,
odor, smoke, dust, fumes, vapors, gases, air emissions, water emissions,
and outdoor storage;
(21)
Will preserve, to the maximum extent possible,
woodlands and other trees existing at the site;
(22)
Will not be disruptive to existing topography,
surface water resources or groundwater resources;
(23)
Will include proposals for effective mitigation
of potential adverse environmental impacts through a satisfactory
environmental impact assessment report;
(24)
Will provide landscaping to buffer and screen
the use from surrounding properties, to complement buildings and other
structures on the site and to enhance the overall character of the
development;
(25)
Will include proposed landscaping, in addition
to that required as stated above, in areas such as the entrance, along
property boundaries, in the areas which are highly visible such as
along roads, walks, trails, and in other places where the use of trees,
shrubs, and ground cover would be functional and appropriate;
(26)
Will provide fencing, walls, berms, terraces,
walkways, and other site improvement features to complement the proposed
landscaping; or
(27)
Will provide effective, subdued lighting using
light posts and fixtures complementary to the proposed architecture
and the character of the surrounding properties.
B.
The Borough Council and the Zoning Hearing Board may
attach such conditions and safeguards, in addition to those already
required by this article, as they may deem necessary to implement
the purposes of the Municipalities Planning Code[2] and this article and to protect the public welfare, which
conditions and safeguards may relate to, but are not limited to, design
of buildings, roads and parking areas, landscaping and its maintenance
as a sight or sound screen, lighting, noise, safety and the prevention
of noxious, offensive or hazardous conditions.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Conditional uses or special exceptions related to
the Floodplain Conservation District, Steep Slope Conservation District,
or other districts shall also be evaluated in accordance with additional
standards and criteria set forth in the provisions for the respective
districts.
B.
In the case of an application for conditional use,
the Planning Commission shall perform a review and provide counsel
to the Borough Council concerning the grant of approval or disapproval
of the proposed use. Such review shall be conducted and a written
recommendation submitted to the Borough Council within 45 days after
the application has been filed. The Planning Commission shall discuss
the application at at least one of its regularly scheduled public
meetings during the review period.
C.
The Borough Council shall, in the case of an application
for conditional use, schedule a hearing for public review and comment
pursuant to public notice within 60 days of applicant's request. Should
the Borough Council deem it necessary, subsequent public hearings
shall be held, at which time the public record may be enlarged.
D.
The Planning Commission and the Borough Council shall
be responsible for providing notification to the applicant no less
than 20 days prior to the occurrence of any hearing at which testimony
will be heard and/or action taken upon approval or disapproval in
order that he or she may present his or her case at such hearing.
Subsequent to the receipt of such notification, the applicant shall
be responsible for notifying, no less than 10 days prior to such hearing,
all abutting property owners.
E.
Proof of proper notification shall be required as
a precondition before any formal action on the application.
F.
Within 45 days after the last public hearing, the
Borough Council shall render a written decision approving or disapproving
the conditional use. Where an application is contested or denied,
decisions shall be accompanied by findings of fact and conclusions
based thereon, together with any reasons therefor. Conclusions based
upon the Pennsylvania Municipalities Planning Code,[2] or of any ordinance, rule or regulation shall contain
a reference to the provision relied upon and the reasons why the conclusion
is deemed appropriate in light of the facts found. In the event of
disapproval, the applicant may file a new application for conditional
use or for subdivision and/or land development for another use of
the subject property.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
In the event of conditional use approval, should the
applicant fail to obtain all the necessary final plan approval and
building and related permits within 12 months of notification or,
having obtained the necessary approvals and permits, fail to commence
work thereunder within six additional months, it shall be conclusively
presumed that the applicant has waived, withdrawn, or abandoned his
or her appeal or application, and all provisions, conditional use(s)
and permits granted to him or her shall be deemed automatically rescinded
by the Borough Council. If the Borough Council finds that a good reason
exists for the failure to comply with the time periods specified above,
an extension may be granted.
H.
The grant of approval by the Borough Council for a
conditional use shall in no way release the applicant from his or
her obligation to comply with the applicable provisions of this article,
the Subdivision and Land Development Ordinance, or any other applicable
Borough, state, and federal regulations.
