[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A. General Criteria for Evaluation of Special Exception Uses.
(1)
The criteria for special exception uses are listed in this Part.
(2)
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.
(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.
(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.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Zoning Hearing Board may attach additional conditions pursuant
to this section in order to protect the public's health, safety, and
welfare. These conditions may include but are not limited to increased
setbacks.