Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
[Ord. No. 321, passed 12-10-1998]
The Township Council shall have the power to approve conditional uses when this Ordinance specifically requires the obtaining of such approval.
[Ord. No. 321, passed 12-10-1998]
Conditional use applications shall be governed by the following:
A. 
The landowner shall make a written request to the Township Council that it hold a hearing on the landowner's application. The request shall contain a statement reasonably informing the Township Council of the matters that are in issue.
B. 
In addition to the requirements specified in this Ordinance the applicant shall provide information necessary for the Township Council to make its evaluation, including but not limited to a plan of the subject property, and all necessary engineering, traffic and other assessments of the proposed use. Coincident with the applicant submitting its application and such materials to the Township, the applicant shall supply a copy of the same to the Township Engineer.
[Amended 11-10-2016 by Ord. No. 497]
C. 
The applicant shall appear before the Township Planning Commission on any application for a conditional use, which shall be provided an opportunity to provide its written, advisory recommendation on the matter. The Planning Commission shall submit any written recommendation of the Planning Commission to the Township Council into the record of the conditional use proceedings. To the extent that the applicant's property is subject to a homeowners' or condominium association, the applicant shall present evidence to establish that a copy of the conditional use application has been submitted to such association for review and consideration.
[Amended 11-10-2016 by Ord. No. 497]
D. 
Pursuant to public notice, the Township Council shall hold a hearing upon the request, commencing not later than 60 days after the application is filed, unless the applicant requests or consents in writing to an extension of time.
[Amended 11-10-2016 by Ord. No. 497]
E. 
The Township Council shall conduct hearings and make decisions in accordance with the procedures set forth for zoning hearing boards in Section 908 of the Pennsylvania Municipalities Planning Code, as amended.
[Ord. No. 321, passed 12-10-1998]
A. 
In granting or denying a conditional use, the Township Council shall make findings of fact consistent with the provisions of the Ordinance and the factual credibility determinations rendered by the Council. The Township Council shall not approve a conditional use except when it is in conformance with the standards and criteria outlined in this Ordinance.
[Amended 11-10-2016 by Ord. No. 497]
B. 
Township Council shall grant a conditional use only if the applicant presents adequate record evidence to establish that the proposed development or use meets all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The applicant shall, among other things, establish that its proposed use and location is:
[Amended 11-10-2016 by Ord. No. 497]
1. 
In accordance with the Comprehensive Plan of the Township;
2. 
In the best interests of the Township and the public welfare;
3. 
Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;
4. 
In conformance with all applicable requirements of this Ordinance and all municipal ordinances;
5. 
Suitable in terms of effect on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard; and
6. 
In accordance with other specific use standards and criteria of this Ordinance (See Chapter 1256, Use Regulations and Standards.)
C. 
In allowing a conditional use, the Township Council may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purposes of this Ordinance and the Municipalities Planning Code.
[Ord. No. 360, passed 9-12-2002]
A. 
Legislative intent and purpose. It is the general intent of this section to promote health, safety and general welfare by designating C1, C2, C3 and C4 institutional uses within residential districts as conditional uses. These purposes are enumerated below:
1. 
Make efforts to assure that the area, bulk and dimensional scale and visual character of the institutional structure(s), especially at the line abutting residential use(s), is integrated in as unobtrusive a manner as possible and appropriate to the surrounding residential context.
2. 
Managing patterns and time of use to be similar to residential activities, specifically, mitigation and reduction of off-site impacts, including, but not limited to noise, lights, traffic, stormwater, etc.
3. 
Creating edge conditions between the surrounding residential uses and the institution to mitigate differences in use, building mass, and scale, and to reduce the abrasion found at the edge by the use of large separation distances and buffers.
4. 
Reducing community uncertainty regarding the future of the institution by requiring long range plans that describe and limit growth for specific time periods.
B. 
Conditional use permit. Uses C1, C2, C3 and C4 shall not be improved within Districts R-1, R-2, R-3, R-4, R-5, R-6 or PRD without a conditional use permit from the Township Council. These improvements include any change in square footage of an impervious surface, change in use, change in grading, lighting, and offsite impacts as determined from those impact statements of Section 1228.06 that are required by Section 1280.04C.1.i. of this chapter. A permit shall be granted only if the proposal is consistent with the conditional use requirements of Section 1280.04B. and with this chapter's intent and purpose as stated in Section 1280.04A. In addition, a permit will only be issued if the proposed improvement does not negatively impact the Township in such a way that may be determined from the aforementioned impact studies in the opinion of the Township Council as advised by its professional staff and consultants. Additionally, a permit will only be issued if the proposed improvement meets all of the performance standards outlined in Section 1264.03. A conditional use permit will not be required for maintenance or work done that is consistent with an approved master plan subject to the requirements of Section 1280.04C.1.
C. 
General requirements.
1. 
Master plan. Applications for construction or expansion of uses C1, C2, C3 and C4 within Districts R-1, R-2, R-3, R-4, R-5, R-6 and PRD shall submit to the Township a master plan of the proposed use for a minimum of five years from the date of the application. The master plan shall contain the following information:
a. 
Drawings and narratives which describe existing conditions including buildings, parking, landscaping, enrollments or similar measures of activity and a zoning table which depicts bulk characteristics of the site and development.
b. 
A narrative which describes the plan for the institution over the five year period including changes in capacity, enrollments, buildings, parking and other relevant elements that impact the relationship to the larger community.
c. 
A drawing indicating the applicant's site, surrounding parcels, streets, manmade physical features and natural features which clearly depict the applicant's site and its immediate context.
d. 
A drawing showing the physical development of the site during the five year time period. Development beyond that period can be shown if important to the understanding of the plan. This plan shall be projected onto the context drawing and the areas of conflict with the surrounding neighborhood shall be indicated. Proposed mitigation to those conflicts shall be described.
e. 
A landscaping plan for the entire site including required and enhanced buffers.
f. 
A plan for vehicular and pedestrian circulation.
g. 
A plan for utilities, stormwater management and other services.
h. 
A plan for outdoor lighting, including the location of all post, canopy, supports and light fixtures, including the height of each fixture, for any building, structure, parking, display and loading areas, in footcandles, that the fixtures will produce on-the-ground (photmetric report). The photmetric report will indicate the minimum and maximum footcandle levels within the lighted area of the site.
i. 
In addition to the above submissions, applicants shall submit only the following impact studies, as described in Section 1228.06:
i) 
Section 1228.06(a), Organization of Statement;
ii) 
Section 1228.06(b), Conducting of Survey Statement;
iii) 
Section 1228.06(c), Land Use Compatibility;
iv) 
Section 1228.06(d), Transportation;
v) 
Section 1228.06(h), Community Facilities;
vi) 
Section 1228.06(i), Police and Fire;
vii) 
Section 1228.06(k), Cost Revenue Analysis.
This master plan would set caps on development for that period except that a waiver may be obtained to develop beyond the five year period if the applicant can demonstrate that there will be no adverse impacts to the surrounding community, as determined by Township Council. The plan would be required if the application falls under the definition of "land development" in Section 1252.02 of the Ordinance of the Township, with waiver of the plan permitted if there is no increase in the use and physical plant.
2. 
Area, bulk and dimensional standards. The following area, bulk and dimensional standards, as defined in Section 1258.01, shall apply to construction or expansion of C1, C2, C3 and C4 uses within Districts R-1, R-2, R-3, R-4, R-5, R-6 or PRD:
#
Use
Mid Side Setback
Minimum Rear Setback
Maximum Impervious Surface
Open Space
C1
School
50ft.
100 ft.
50%
50%
C2
Day Care/Nursery
30 ft.
35 ft.
50%
50%
C3
Place of Worship
30 ft.
35 ft.
65%
35%
C4
Library/Museum
30 ft.
35 ft.
65%
35%
Minimum setback requirements in the above table are applicable only to those uses that are adjacent to residential uses. Where an institutional use does not abut a residential use, the setback requirements of Section 1258.01, Table B, shall apply.
3. 
Open Space Requirement. Open space shall meet the definition of Section 1252.02 of the Township Zoning Ordinance. In addition, open space shall be used only for plantings, lawns, recreational facilities, and shall exclude all above-ground drainage structures and other development as specified under the definition of impervious surface in Section 1252.02.
4. 
Buffer Requirements. In addition to the buffer requirements stated in Section 1260.03, the following requirements shall apply to construction or expansion of C1, C2, C3 and C4 uses within Districts R-1, R-2, R-3, R-4, R-5, R-6 and PRD:
a. 
Section 1260.04, Exemptions, shall not be applicable to institutional uses when adjacent to a residential use.
b. 
Impervious surfaces (i.e. buildings, service driveways, loading areas, parking, etc.) shall not be permitted within the required buffer.