[Amended 5-14-1984 by Ord. No. 1984-2]
A.
The Board of Supervisors may permit a conditional use when the standards
and criteria set forth below are considered and when the procedures
set forth below are followed.
A.
Planning Commission review. In reviewing an application for approval
of any preliminary or final plans for a proposed conditional use,
the Planning Commission shall consider the following factors:
(1)
All provisions contained in § 172-89A(1)(a) through (p), which relate to conditional uses.
(3)
Whether the proposed conditional use complies with all sections of
this article, all zoning provisions applicable to the districts within
which the conditional use will lie and the provisions of the land
development and subdivision standards of the Township.
B.
Planning Commission recommendation. On the basis of the above review,
the Planning Commission shall make a recommendation to the Board of
Supervisors as to whether the application and plans should be approved,
approved subject to conditions or rejected. The Board of Supervisors
shall consider but shall not be bound by the recommendation of the
Planning Commission.
C.
Board of Supervisors. In reviewing an application for approval of
preliminary or final plans for a conditional use, the Board of Supervisors
shall consider the following factors:
D.
Board of Supervisors dispositions. On the basis of the above review,
the Board of Supervisors shall either approve, approve subject to
conditions or reject the application.
[Amended 5-14-1984 by Ord. No. 1984-2]
[Amended 1-13-1986 by Ord. No. 1986-3]
[Amended 11-11-1985 by Ord. No. 1985-13]
Conditional uses within residence districts shall comply with
the following additional regulations:
A.
Application requirements. The applicant, as part of his conditional use application, shall include the following information as set forth in Subsection A(1) through (4) below:
(1)
Proposed use program: a description of all proposed uses and activities
associated with the applicant's conditional use request, including:
(a)
Program objectives and program experience of the applicant.
(b)
Types of activities associated with the proposed conditional
use.
(c)
Numbers of persons for which the facility will be designed and
is expected to accommodate at any one time, average day, and peak
hour and day, by the following categories of residents: staff, volunteers
and visitors. Information shall also be provided, if applicable, on
the proposed occurrences of employee work shifts.
(2)
Site plan and proposed improvements: a description of the applicant's
property and all proposed improvements, including:
(a)
Existing property conditions with respect to property configuration,
existing uses, topography, soils, drainage and vegetation, as well
as conditions on adjoining properties with respect to existing uses
and the extent to which the applicant's property is currently visible
to those uses.
(b)
Locations, sizes and uses of all proposed buildings and other
facilities, including illustrative architectural plans of such improvements.
(c)
The locations and sizes of all proposed streets, driveways,
parking areas and loading and unloading areas. Proposed vehicular
and pedestrian circulation patterns shall also be indicated.
(d)
Types, locations and preliminary plans of proposed facilities
for water supply, sewage collection and treatment, solid waste collection,
emergency water supplies for fire suppression, utilities services,
including aboveground and underground storage tanks and emergency
power, and stormwater management.
(e)
A plan showing facility changes and impact on public facilities,
including roads, water and sewer systems, private water and sewer
systems and health, safety and welfare of the surrounding area, which
the applicant contemplates for a period of five years from commencing
operation or approval of application, whichever is later. Omission
of this plan shall be deemed a waiver of any right to expansion of
facilities under this article for a period of five years from the
date of the application.
(3)
Operations plan: a description of the operational aspects of the
proposed use, including:
(a)
A listing of all mandatory federal, state and county operating,
licensing and approval requirements for undertaking and maintaining
the proposed conditional use, including the current status of the
applicant with respect to their compliance, as well as approximate
dates when such licenses and approvals are anticipated to be received.
(b)
A listing of the positions and locations of persons responsible
for operating the proposed conditional use during a normal twenty-four-hour
period, as well as during emergencies.
(c)
If residential clientele are anticipated to have either physical
or mental limitations that would impair their mobility or judgment,
an emergency evacuation plan.
(d)
An administratively feasible means for the Township to verify
that the applicant would comply with all statements contained in the
application should such application be approved by the Township.
(4)
Community impact assessment: a description of anticipated impacts
of the proposed conditional use on the community and those measures
proposed by the applicant to mitigate adverse impacts. Minimum requirements
for such an assessment shall include:
(a)
An assessment of site disturbances, including but not necessarily
limited to vegetation removal, earth movement and alteration of natural
drainage, and the impacts of such actions on the surrounding neighborhood.
(b)
An assessment of the traffic, noise and visual impacts of the
applicant's proposed improvements and activities on the surrounding
area, taking into account average and peak activity conditions occurring
during daylight and nighttime hours. The traffic impact assessment
shall include a report of current and projected traffic counts and
computations for parking requirements, prepared by an individual with
professional qualifications acceptable to Newtown Township.
(c)
An assessment of impacts of the applicant's proposed sewage
facilities and stormwater management systems.
B.
Standards and criteria for approval. In addition to those standards and criteria contained in §§ 172-19 and 172-20, the following standards and criteria shall be used by the Township in reviewing applications for conditional uses within residential districts:
(1)
Density. It is the intent of these regulations to allow only those
conditional uses which would not adversely impact the residential
areas in which they are located. Every conditional use granted under
this section shall contain specific provisions limiting the density
of the proposed use. The Board of Supervisors, taking into consideration
the impact and the degree of intrusion of a proposed use upon surrounding
residential land uses, if the use is determined acceptable, shall
establish maximum limits for the following, as applicable:
(a)
The number of persons or families that may reside on the property.
(b)
The number of clients and/or recipients of the services, including
school students.
(c)
The number of employees and volunteers engaged during any twenty-four-hour
period and during any one shift.
(d)
The number of motor vehicles and parking spaces permitted.
(2)
Frontage, area and bulk standards. The following standards shall
apply to all conditional uses in residential districts:
(a)
Lot area and ownership. Every lot shall meet the minimum area
and dimension standards of the residence district in which it is located.
The tract of land on which each permitted use is conducted shall be
held in single ownership and shall be operated under unified contract
or management.
(b)
Frontage on a public street. Every lot shall meet the minimum
road frontage requirements of the residence district in which it is
located. Such frontage shall be on a through street, as opposed to
a cul-de-sac, except in the case of an enlargement to a special exception
granted by the Zoning Hearing Board prior to the adoption of this
section.
(c)
Coverage. No more than 15% of the total area for each lot for
which a conditional use is proposed shall be occupied by buildings,
and no more than 40% of the lot shall be occupied by a combination
of buildings, parking areas and all other impervious surfaces.
(d)
Setbacks. Minimum setback standards contained in § 172-20 for all conditional uses shall be waived for such uses in residence districts. Applicable minimum setbacks shall be those specified for the residence district in which the proposed conditional use is located. No parking shall be permitted within any setback area required for a conditional use in a residence district unless specifically approved to limit disturbance to adjacent properties.
(e)
Height. No building shall include more than three floor levels,
and the height of any building shall not exceed 35 feet when measured
from the lowest point of grade at the building.
(3)
Driveways and off-street parking. Where possible, as determined by
the Township, vehicle access shall be provided by two or more driveways
or streets, and, where such access points are from one street, they
will be located at least 500 feet apart. These standards are intended
to facilitate efficient and safe traffic movement and provide for
more than one point of ingress and egress during times of emergencies.
All parking requirements of the proposed use must be met by off-street
parking areas. No on-street parking shall be permitted.
(4)
Water and sewage facilities. The property and the proposed uses thereon
shall be served by public water or a private water system capable
of supplying adequate domestic needs and fire-suppression needs, as
determined by the Township, using current NFPA Life Safety Code 101
and other NFPA standards. Sanitary sewage systems shall be controlled
or operated by the Township or the Township Sewer Authority.
C.
Contingent approval.
(1)
Any approval of a conditional use by the Board of Supervisors is contingent upon the applicant receiving and maintaining all necessary federal, state and county licenses and approvals for constructing and operating all proposed improvements and uses, as outlined in the application requirements of Subsection A(3)(a) hereof.
[Amended 11-11-1985 by Ord. No. 1985-13]
To the extent permitted by law, all uses, requirements and conditions which were authorized by special exception prior to the date of this chapter pursuant to § 172-29A(1)(b) and (c), prior to its amendment, and herein described as conditional uses in § 172-29A shall be deemed conditional uses under this article for purposes of amendments, modifications, expansions or other matters.
[Amended 1-13-1986 by Ord. No. 1986-4]
A.
If a mandatory provision under these regulations is shown by the
applicant, to the satisfaction of the majority of the Board of Supervisors,
to be unreasonable and to cause undue hardship as it applies to his
application, the Board of Supervisors may grant relief to such applicant
from such mandatory provisions so that substantial justice may be
done and the public interest secured, provided that such variation
will not have the effect of nullifying the intent and purpose of these
regulations. The Board of Supervisors may require other conditions
to be imposed in their place.
B.
Where an applicant petitions for relief from one or more of the mandatory
provisions of these regulations, the Board of Supervisors, as part
of a public hearing, shall consider the request in conjunction with
the overall application and shall vote on the specific relief requested
separately from the decision concerning the total application. Such
a vote shall take place only after the question has been advertised
in the same manner as required for a petition to the Zoning Hearing
Board under this chapter and the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 9-10-2018 by Ord. No. 2018-05]
The following are references to specific conditional uses as
provided for in this chapter, the Floodplain Conservation District
and the Slope Conservation District:
|
District
|
Section
|
Description
|
|---|---|---|
|
R-1, R-1A, R-2 and R-3
|
Nonprofit school, church, religious or philanthropic use, when
including residential clientele
| |
|
Nonprofit club, when including residential clientele
| ||
|
SU-1
|
§ 172-88B
|
Scientific research laboratories, offices, R-5 uses, historic
structures on sites, golf courses or accessory uses, including cafeterias
|
|
SU-2
|
§ 172-99B
|
SU-1 uses, nurseries and greenhouses, new car sales, golf courses
and recreational uses, convalescent and nursing homes, service office
buildings, schools, dormitories, church, religious or philanthropic
uses or restaurants, if food consumed on premises
|
|
All districts except A-O, A and C-1
|
Heliports landing between 12:00 midnight and 6:00 a.m.
| |
|
Slope conservation
|
§ 134-7
|
Conservation and recreation, cultivation and agriculture, sealed
water supply wells, accessory uses or road or access driveways
|
|
Floodplain
|
§ 91-7[1]
|
Sanitary and storm sewers, outpost and pumping stations, aboveground
utility lines, drains, culverts and bridges, grading or degrading,
paved roads, drives and parking lots, impounding basins or similar
structures
|
|
R-1, R-1A, R2 and R-3
|
§ 172-29A(2), Article XXD
|
Cluster Development Community Overlay District
|
[Amended 5-14-1984 by Ord. No. 1984-2; 11-11-1985 by Ord. No. 1985-13]
All violations of the provisions of conditional use permits issued pursuant to this article shall be deemed to be violations of this chapter for purposes of the enforcement provisions of Article XXXI.
