Township of Richland, PA SPECIAL EXCEPTION USES

[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]

General Criteria for Evaluation of Special Exception Uses.

The criteria for special exception uses are listed in this Part.

The granting of a special exception use by the Zoning Hearing Board, upon review of recommendations by the Planning Commission, shall be predicated on the developer's submission of a written application, together with an illustrative site plan of the proposal, to the Zoning Officer.

(3)

The written submission shall demonstrate that the development for which the special exception use is sought will meet the primary criteria outlined below:

(a)

Will not endanger the public health and safety if located where proposed and will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.

(b)

Meets all other requirements of this chapter in the zoning district where the use is proposed.

(c)

Meets the requirements of the Township's Building Code.[1]

[1]

Editor's Note: See Ch. 4, Buildings, and Ch. 5, Construction Codes.

(d)

Is in general conformity with the Richland Township Comprehensive Plan and is attractive and in harmony with the area in which it is proposed.

(e)

Is an appropriate use on the proposed lot as a special exception use in that it satisfies the requirements of this Part.

(4)

Approval of a use by special exception shall expire automatically and without written notice to the applicant if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorized occupancy approved in the grant of the special exception is submitted by the applicant within 12 months of the date of the special exception approval. One or more extensions of six months may be issued by the Township Zoning Officer upon receipt from the applicant of a written submission showing a continuous good-faith effort to proceed with the proposed use and obtain the required permits or approvals. Notwithstanding the above, the maximum extension permitted shall be 12 months, unless actual construction has commenced and is actively being pursued. The decision of the Zoning Officer to grant or deny an extension shall be appealable to the Zoning Hearing Board by any party aggrieved.

(5)

If all permits and other approvals have not been obtained in such period as defined in Subsection A(4) above, the approval of the special exception use shall be null and void.

(6)

Upon approval of any special exception by the Zoning Hearing Board, any prior approved special exception for the same tract of land shall become null and void.

(7)

In proceedings involving a request for a special exception, both the duty of initially presenting evidence and the burden of documenting to the Zoning Hearing Board that the proposed use is available by special exception and satisfies the specific or objective requirements for the grant of a special exception as set forth in this chapter rest upon the applicant. The burden of documenting to the Zoning Hearing Board that the proposed use will not endanger the public health, safety and welfare of the neighborhood rests upon the applicant.

(8)

The illustrative site plan shall show to scale the entire lot to be ultimately developed and shall indicate the location, height and use of structures, driveways, signs, lighting, landscaping/buffer yards, parking areas, architectural rendering or photo, and topographical and/or natural features of the lot.

(9)

The requirements for any necessary traffic study shall be completed in accordance with the Township Secretary's regulations of the Township's Transportation Impact Fee Ordinance, as applicable.[2]

[2]

Editor's Note: See Ch. 22, Subdivision and Land Development.

(10)

The Zoning Hearing Board shall reserve the right to identify that the application may be subject to review of driveway locations, appropriateness of vehicular access and, if necessary, the requirements of a traffic study.