The Zoning Hearing Board shall hear and decide requests for
a special exception in accordance with the terms of this chapter and
the requirements for the conduct of its hearings and issuance of its
rulings established in the Municipalities Planning Code, as amended.
[Amended 5-28-2019 by Ord. No. 869]
The Zoning Hearing Board shall grant a special exception only in those cases where the provisions of the specific zoning district explicitly provide for such a procedure. An environmental impact assessment report and a traffic impact study shall be prepared and submitted to the Zoning Hearing Board for each use permitted by special exception; such impact reports shall be prepared in accordance with the requirements contained in Article
XIV, Supplemental Regulations, of this chapter. In addition, all of the following general standards and any other reasonable conditions or safeguards necessary to implement the purpose of this chapter shall be met:
A. That the grant of a special exception promotes and protects the health,
safety, morals and general welfare of the Borough and its residents;
B. That the subject proposal is in accordance with sound and contemporary
planning principles;
C. That the subject proposal is appropriate for its site and will be
adequately served by available public services;
D. That steps will be taken by the applicant to protect any sensitive
or noteworthy environmental feature;
E. That the proposal is suitable in view of anticipated traffic in its
provision for access, on-site circulation and parking, and does not
adversely affect off-site highway safety and traffic circulation.
[Amended 5-28-2019 by Ord. No. 869]
The Borough Council shall grant a conditional use only in those
areas where the provisions of the specific zoning district explicitly
provide for such a procedure and where the following general standards
and any other reasonable conditions or safeguards necessary to implement
the purpose of this chapter are determined to have been met:
A. That those standards established for the grant of a special exception
are met:
B. In granting any conditional use, the Borough Council may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the Pennsylvania Municipalities Planning
Code.
C. Prior to the commencement of the conditional use hearing or during
the proceedings of the conditional use hearing, the Borough Council
may consider the comments of the Planning Commission, Zoning Officer,
Engineer, the appointed professional consultants and/or other agencies
that could assist Borough Council with the merits of the conditional
use application. All such comments shall be made either in writing
and presented as evidence during the hearing or as part of sworn testimony
at the conditional use hearing.
D. All of the standards for conditional uses hereinafter set forth shall,
where relevant, apply to all conditional uses within the Borough and
are deemed definitional in character so that the failure to comply
with any standards shall be deemed a failure to bring the applicant
within that definitional aspect for which a conditional use may be
granted; or, in the discretion of the Borough Council, such failure
to comply with the standards may be deemed a basis for the imposition
of appropriate conditions to such grant. It is further the intention
of Borough Council that the standards hereinafter described shall
be deemed additional standards and shall in no way impair any other
applicable standard described elsewhere in this chapter. Where there
is a conflict between the standards set forth in this article and
other standards elsewhere established by this chapter or other applicable
ordinances, it is intended that the more stringent thereof shall apply,
and it is not the intent of this article to abrogate or impair any
other such standards or requirements.
E. Borough Council shall consider the following general issues and site
requirements prior to rendering its decision on a conditional use
application:
(1)
That the subject proposal is consistent with the policy recommendations
outlined in the Borough's officially adopted Comprehensive Plan.
(2)
That the subject proposal will not substantially or permanently
impair the appropriate use or development of adjacent property.
(3)
That the grant of conditional use, if authorized, will represent
the least modification of regulations applicable to the district involved.
(4)
The applicant shall establish by a fair preponderance of credible
evidence that the use intended at the location intended shall not
be contrary to the public health, safety, morals and/or public welfare.
(5)
The applicant shall provide evidence with supporting documentation
that adequate screening and buffering is provided between the lands
in question and surrounding residential uses and residentially zoned
districts to screen the facility from view and preclude any glare
from lighting or noise from being ascertainable beyond the boundaries
of the property.
(6)
The applicant shall provide evidence with supporting documentation
that the local fire department has the abilities to provide adequate
fire protection and emergency management services for the proposed
use.
(7)
Where, in the opinion of Borough Council, the use or facility
may require supervision and protection, the applicant shall provide
evidence with supporting documentation that additional security measures
will be accounted for by the owner or site manager so the facility
or use does not create a continuous burden on the emergency management
services and providers.
(8)
The applicant shall provide evidence with supporting documentation
that the existing or proposed sanitary sewage disposal facilities
have sufficient capacity for the proposed use.
(9)
The applicant shall provide evidence with supporting documentation
that the existing or proposed municipal water supply facilities have
sufficient capacity for the proposed use.
(10)
The applicant shall provide evidence with supporting documentation
that there will be no increase in surface water runoff and erosion
within the property or at the boundaries of the facility as a result
of the site improvements.