[Added 5-31-1983 by Ord. No. 1869]
[Amended 1-8-2007 by Ord. No. 2492]
The Board of Commissioners shall have the power
to approve or disapprove conditional uses when this chapter specifically
requires the obtaining of such approval in accordance with the procedures
outlined in this article, and the Board shall give consideration to
such conditional uses in accordance with the criteria set forth herein.
[Amended 1-8-2007 by Ord. No. 2492]
Conditional use applications shall be governed
by the following:
A.
The landowner shall make a written request to the
Board of Commissioners of Haverford Township. The request shall contain
a statement reasonably informing the Board of Commissioners 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.
C.
Fees. The applicant for any hearing on a conditional
use request before the Board of Commissioners shall at the time of
making application pay to the Zoning Officer for the use of the Township
a fee in accordance with a fee schedule adopted by resolution of the
Board of Commissioners.
[Amended 1-8-2007 by Ord. No. 2492]
A.
The Board of Commissioners shall request an advisory
opinion from the Township Planning Commission on any application for
a conditional use; the Township Planning Commission is to submit a
report to the Board of Commissioners of such advisory opinion prior
to the date of the public hearing held by the Board of Commissioners
on the application.
B.
The Board of Commissioners 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.
[Amended 1-8-2007 by Ord. No. 2492]
A.
The Board of Commissioners shall render a written
decision or, where no decision is called for, make written findings
on the application within 45 days from the last hearing before the
Board of Commissioners. The Board shall by official communication
to the applicant either:
(1)
Approve the application as presented 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.
(2)
Disapprove the application as presented.
(3)
Approve the application subject to specified
conditions.
B.
Failure to act within said period shall be deemed
to be a grant of approval of the application.
C.
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
or land development and the conditional use shall be required before
the issuance of any zoning permits.
[Amended 1-8-2007 by Ord. No. 2492]
In considering any conditional use permitted
by this chapter, the Board shall, among other things:
A.
Assure itself that the proposed use is consistent
with the spirit, purpose and intent of this chapter and the Haverford
Township Comprehensive Plan.
B.
Determine that the proposed use will not substantially
injure or detract from the use of the neighborhood property or from
the character of the neighborhood and that the use of the property
adjacent to the area included in the proposed change or plan is adequately
safeguarded.
C.
Determine that the proposed use will serve the best
interests of the Township, the convenience of the community (where
applicable) and the public welfare.
D.
Consider the effect of the proposed use upon the logical,
efficient and economical extension of public services and facilities
such as public water, sewers, police and fire protection, and public
schools, and assure adequate arrangements for sanitation in specific
instances.
E.
Be guided in its study, review and recommendation
by sound standards of land development practice, where applicable.
F.
Guide the development of state and county highway
frontage insofar as possible so as to limit the total number of accesspoints
and encourage the frontage of building on parallel marginal roads
or on roads perpendicular to the highway.
G.
Impose such conditions, in addition to those required,
as are necessary to assure that the general purpose and intent of
this chapter is complied with, which conditions may include, but are
not limited to, harmonious design of buildings, planting and its maintenance
as a sight or sound screen, and the minimizing of noxious, offensive
or hazardous elements.
H.
Weigh each case on its own merits, separately, based
upon pertinent information presented or known to the Board, and without
regard to any previous case.
A.
Applications. An applicant wishing to establish and
operate a sanitary landfill shall present the following with its application:
(2)
A statement from the Pennsylvania Department
of Environmental Resources or its successor indicating the general
feasibility of the site for development as a sanitary landfill. Such
statement must indicate preliminarily the appropriateness of the site,
but need not include completion of actual on-site testing for soil,
groundwater and rock conditions.
(3)
Information as to the owner of the site, and
relationship of the applicant to the owner.
(4)
Statements indicating the expected useful life
of the site as sanitary landfill and the condition of the site upon
completion of the operation.
(5)
A statement as to the estimated number of vehicles
weighing over 20,000 pounds, loaded, which are expected to use the
site on the daily basis, during the first two years of operation.
(6)
A statement of the applicant's prior experience,
if any, in operating sanitary landfills.
B.
Requirements and standards applicable to sanitary
landfills. Prior to approving a site for use as a landfill, the Board
of Commissioners shall:
(1)
Require that any application for a sanitary
landfill be in compliance with the requirements of the Pennsylvania
Department of Environmental Resources and that, prior to the onset
of operation of such landfill, a permit be obtained from the Pennsylvania
Department of Environmental Resources for said operations.
(2)
Require that such landfill be so located that
safe and adequate access is available over public roads at all times.
In doing so, the Board may require that any road providing access
to the proposed landfill be a minimum of 24 feet in width and paved
with a surface and base course of sufficient depth to withstand traffic
loads determined by the number and weight of trucks anticipated in
the daily operation of the proposed landfill. The Board may further
require that the cost of improvement of roads to provide this standard
of access may be assessed against the applicant either by requiring
contribution of moneys sufficient to pay for the improvement on the
road or by assessing dumping fees on the operation of said landfill
sufficient to pay for the improvement and maintenance of access roads.
(3)
Require that provision be made by the applicant
that all trucks entering and leaving the landfill shall be covered
and that as a part of the daily operation of the landfill roads used
for access to the landfill be patrolled daily to pick up and dispose
of scattered and blowing papers or other refuse.
(4)
Require that the landfill be properly fenced
to prevent blowing papers and other nuisance on adjoining properties.
(5)
Be assured that the proposed operation will
not cause a nuisance or otherwise impose a hardship on adjoining property
owners and within the Township in general.
(6)
Require that the final grading of the land be
done in a manner so that the land is left in a useful condition and
encourage the owners and operators of the proposed landfill to provide
for the future dedication of properties used for landfill purposes
to the Township for park and recreational facilities.
C.
Status of application following Township approval.
Approval granted shall be final, unless during the course of obtaining
final approval from the Pennsylvania Department of Environmental Resources
substantial variations are made in the plans submitted, in which latter
event such approval shall be considered conditional only; and further
application shall be made to the Board of Commissioners for final
approval. Nothing in this chapter shall be construed so as to supersede
or set aside any lawful requirement imposed by the Pennsylvania Department
of Environmental Resources.
[Added 6-12-2017 by Ord.
No. 2810]
A.
A medical marijuana dispensary facility shall have a single secure
public entrance and shall implement appropriate security measures
in accordance with policies of the Department of Health of the Commonwealth
of Pennsylvania to deter and prevent unauthorized entrance to areas
containing medical marijuana.
B.
A dispensary facility shall not be located within 1,000 feet of the
boundary of any institutional zoning district or the property line
of any parcel containing an institutional zoning use, including, but
not limited to, public, private and parochial schools and day-care
centers. This distance shall be measured in a straight line from the
closest exterior wall of the building or portion thereof in which
the dispensary is located to the closest property line of the protected
district or use, regardless of the municipality in which it is located.
C.
A dispensary facility shall be a minimum distance of 1,000 feet from
the next nearest medical marijuana dispensary facility. measured along
a straight line between the closest walls of each of the two facilities.
[Added 6-12-2017 by Ord.
No. 2810]
A.
There shall be no emission of dust, fumes, vapors, odors or waste
into the environment from any grower/processor facility where medical
marijuana growing, processing or testing occurs.
B.
Marijuana remnants and byproducts shall be secured and properly disposed
of in accordance with policies of the Department of Health of the
Commonwealth of Pennsylvania. No such remnants or byproducts shall
be disposed of in any exterior refuse container.
[Added 4-8-2024 by Ord. No. 2997-2024]
A.
A significant tobacco retailer shall not be located within 1,000
feet of the boundary of any institutional zoning district or the property
line of any parcel containing an institutional zoning use, including,
but not limited to, public, private and parochial schools and day-care
centers. This distance shall be measured in a straight line from the
closest exterior wall of the building or portion thereof in which
the significant tobacco retailer is located to the closest property
line of the protected district or use, regardless of the municipality
or zoning district in which it is located.
B.
A significant tobacco retailer shall not be located within 1,000
feet of the boundary of any outdoor recreation and open space zoning
district. This distance shall be measured in a straight line from
the closest exterior wall of the building or portion thereof in which
the significant tobacco retailer is located to the closest property
line of the protected district or use, regardless of the municipality
or zoning district in which it is located.
C.
A significant tobacco retailer shall be a minimum distance of 1,000
feet from the next nearest significant tobacco retailer, measured
along a straight line between the closest walls of each of the two
facilities.
D.
Significant tobacco retailers shall cease operations between the
hours of 11:00 p.m. and 10:00 a.m.
E.
No mechanical amusement devices shall be permitted within the premises
of a significant tobacco retailer.
F.
No alcoholic beverages shall be served or consumed within the premises
of a significant tobacco retailer.
