This chapter provides for certain uses, which are permitted
within the Township as conditional uses. Such uses have been designated
as conditional based upon the Supervisors recognition that they may
or may not be appropriate at every location within any specific district
where they are generally allowed; therefore, procedures, standards
and criteria have been established in this article by which the Township
can evaluate and decide upon applications for these uses. Conditional
uses are so classified because they have the potential for substantial
impact upon Easttown Township, as it has developed. As a consequence,
these uses must comply with the minimum standards for conditional
uses herein described, in addition to the area and bulk regulations,
design standards, and general regulations stipulated as controlling
within the district in which the proposed conditional use is authorized.
Failure of any proposed conditional use to comply with any of these
standards and criteria shall be grounds for denial of a conditional
use application. If there is a conflict between the standards set
forth in this article and other applicable criteria and standards
elsewhere established in this or other applicable ordinances, the
more stringent standards shall always apply. It is not the intent
of this article to abrogate or impair any other such standards or
requirements. It is recommended that at the time the application is
obtained, the applicant arrange a meeting with the Zoning Officer
to review the application materials and procedures.
[Amended 9-21-2009 by Ord. No. 391-09]
A. At least 30 days prior to the date of the conditional use hearing,
the Board of Supervisors shall forward a copy of the application and
any supporting material to the Planning Commission with a request
that such Commission review the application and submit recommendations
and comments regarding the proposed conditional use. The Township
may, at its discretion, forward a copy of the application to other
consulting agencies, committees or consultants that the Supervisors
deem appropriate, with a request that such agency, committee or consultant
review the application and submit recommendations and comments regarding
the proposed conditional use.
[Amended 6-2-2014 by Ord.
No. 422-14]
B. Prior to the public hearing which is held by the Board of Supervisors
on the conditional use application, the Township may send a copy of
the public notice to the owner of record of every lot on the same
street within 500 feet, measured along the street frontage of the
lot or building in question, and of every lot not on the same street
but within a five-hundred-foot radius of said lot or building by regular
mail, and mailed a minimum of two weeks prior to the first scheduled
public hearing on the application. The Township shall also mail the
notice of the hearing by regular mail to the applicant, the Zoning
Officer, the Township Secretary, the Planning Commission and the Board
of Supervisors and any person who has made timely request for such
notice, as well as to any Township residents or associations of residents
who shall have registered their names and addresses for the purpose
of receiving such hearing notices. Failure to give notice as required
by this subsection shall not invalidate any action taken by the Supervisors.
[Amended 6-2-2014 by Ord.
No. 422-14]
C. The Supervisors shall schedule and hold a public hearing on the application
within 60 days from the date of receipt of the applicant's application,
unless the applicant has agreed in writing to an extension of time.
Notice of such meeting shall be provided in compliance with the Pennsylvania
Municipalities Planning Code ("MPC").
D. The property, which is the subject of the application, shall be posted
in accordance with the MPC.
E. The conditional use hearing shall be conducted in accordance with
all procedural requirements in the MPC.
F. In granting or denying a conditional use or establishing conditions upon the grant of the use, the Supervisors shall determine compliance with the standards and criteria established in §
455-104, as well as those other standards and criteria specific to the proposed use as set forth in this chapter. In granting a conditional use, the Board may attach such conditions as it deems necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.
[Amended 1-15-2018 by Ord. No. 433-18]
G. The Supervisors shall render a written decision or, when no decision
is called for, make written findings on the conditional use application
within 45 days after the last hearing before the Supervisors. The
date for the Supervisors' decision may be extended by the applicant
either on the record or in writing addressed to the Supervisors. Where
the application is contested or denied, each decision shall be accompanied
by findings of fact or conclusions based thereon, together with any
reasons therefor. Conclusions based upon this article, the MPC or
any rule or regulation shall contain a reference to the provision
relied on and the reasons why the conclusion is deemed appropriate
in the light of the facts found. A copy of the decision or, where
no decision is called for, of the findings shall be delivered to the
applicant personally or mailed to him no later than the day following
its date.
I. Where a conditional use application involves land development and/or
subdivision approval, any approval by the Supervisors shall be valid
for a time period consistent with the terms of MPC Sections 508 and/or
917. Conditional use approvals not resulting in land development
and/or subdivision shall expire if the applicant fails to apply for
a building permit or, if no building permit is required, a use or
occupancy permit within six months from the date of the Supervisors'
decision.
[Amended 6-2-2014 by Ord.
No. 422-14]