A.
The purpose of this article is to outline procedures for the administration and enforcement of the Zoning Ordinance. It does not include the process necessary to subdivide property, which is contained in Chapter 350, Subdivision and Land Development. The procedures for securing zoning permits, building permits, sign permits, use and occupancy permits and the duties and responsibilities of the Zoning Officer/Building Inspector are outlined in this article. The article also establishes a fine for the violation of any aspect of this chapter, fees associated with this article, and the process for conditional uses.
B.
Hereafter, no land shall be used or occupied, and no building or
structure shall be erected, altered, used or occupied, except in conformity
with the regulations established in this chapter for the district
in which such land, building or structure is located.
C.
In cases of mixed occupancy, the regulations for each use shall apply
to the portion of the building or land so used.
For the administration and enforcement of this chapter and any
amendments thereto, a Zoning Officer, who shall not hold any elective
office in the Borough, shall be appointed by Borough Council. The
Zoning Officer shall meet qualifications established by the Borough
and shall be able to demonstrate, to the satisfaction of the Borough,
a working knowledge of municipal zoning. The Zoning Officer shall
administer and enforce the Zoning Ordinance, and any amendments thereto,
in accordance with its literal terms, and shall not have the power
to permit any construction or any use or change of such which does
not conform to this chapter. The Zoning Officer is hereby authorized
to institute civil enforcement proceedings as a means of enforcement
when acting within the scope of his employment. The duties of the
Zoning Officer shall include but not be limited to the following:
A.
To receive and review all applications for permits, including but
not limited to building, zoning, sign, special exceptions, variances,
conditional uses, and use and occupancy permits and any other requests
on matters relative to the administration of this chapter, and forward
them to the appropriate approving body when necessary.
B.
To issue permits that are in accordance with the provisions of this
chapter or upon written order and only after such uses or buildings
and structures permitted in conjunction therewith are reviewed, ordered
and approved by the Zoning Hearing Board or the Borough Council, as
applicable, or as directed by a competent court of jurisdiction, subject
to such conditions or stipulations contained in any such order.
C.
To keep a complete official record and file of all business and activities,
including complaints of a violation of any of the provisions of this
chapter and applications for permits with accompanying plans and documents,
and any action taken thereon.
D.
To conduct inspections or investigations to determine compliance
or noncompliance with the provisions of this chapter.
E.
To report violations of the chapter to the Borough Council and to
issue stop, cease-and-desist orders and to require, in writing, correction
of all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally or by certified
mail upon persons, firms or corporations deemed by the Zoning Officer
to be violating the terms of this chapter, when approved by Borough
Council. It shall be unlawful for any person to violate any such order
lawfully issued by the Zoning Officer, and any person violating such
order shall be guilty of violation of this chapter.
F.
To gather and present any facts, records or other information to
the Borough Council or Zoning Hearing Board when requested to do so.
G.
Review applications for appeals from alleged error of the Zoning
Officer and forward comments to the Zoning Hearing Board when requested.
H.
To issue letters of interpretation for structures and uses potentially located within the Flood Hazard District in Article XV, as determined by examination of the Flood Insurance Rate Maps (FIRM) issued by the Federal Emergency Management Agency (FEMA).
I.
To maintain or cause to have maintained an Official Borough Zoning
Map showing the current zoning classification of all land in the Borough.
The duties of the Zoning Officer/Building Inspector shall be
as follows:
B.
To issue building permits and certificates of occupancy for construction
and uses that are in accordance with the provisions of the UCC, this
chapter, and any other applicable ordinances.
C.
To maintain a complete record of all applications and plans for permits
and the action taken on each.
D.
To notify, in writing, the appropriate person or persons when any
violation of the UCC, this chapter, and any other applicable ordinances
have occurred, indicating the nature of the violation and ordering
its discontinuance or correction.
E.
To gather and present any facts, records or other information to
the Zoning Officer/Building Inspector, Borough Council, or Zoning
Hearing Board when requested to do so.
A.
Enforcement notice.
(1)
Where the Borough believes there is cause to believe there has
been a violation of this Zoning Ordinance or amendments thereto, the
Borough shall initiate enforcement proceedings by sending an enforcement
notice as provided hereunder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Such notice shall be required, in writing, noting all conditions
found to be in violation of the provisions of this chapter. Such written
orders shall be served personally or by certified mail upon persons,
firms or corporations, and/or the owner of record of the parcel on
which the violation has occurred in addition to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record. It shall be unlawful for any person to violate any such
order lawfully issued by the Zoning Officer, and any person violating
such order shall be guilty of violation of this chapter.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the Borough intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which compliance must be achieved.
(e)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in Article XXI of this article.
(f)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions as described within this section.
B.
Cause of action. In case any building, structure, landscaping, or
land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained, or used in violation of any part of
this chapter, the Borough Council or, with the approval of the Borough
Council, an officer of the Borough, or any aggrieved owner or tenant
of real property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct, or abate such building, structure, landscaping, or land,
or to prevent, in or about such premises, any act, conduct, business
or use constituting a violation. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the Borough at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Borough Council. No such
action may be maintained until such notice has been given.
C.
Enforcement remedies.
(1)
The Magisterial District Judge shall have initial jurisdiction
over proceedings brought under this section.
(2)
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500 plus
all court costs, including reasonable attorneys' fees incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied, or payable until the date of determination of a violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Borough may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
the violation continues shall constitute a separate violation, unless
the Magisterial District Judge, determining that there has been a
violation, further determines that there was a good faith basis for
the person, partnership or corporation violating this chapter to have
believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of determination of a violation by the Magisterial
District Judge, and thereafter, each day that a violation continues
shall constitute a separate violation. All judgments, costs, and reasonable
attorneys' fees collected for the violation of this Zoning Ordinance
shall be paid over to the Borough.
(3)
The Court of Common Pleas, upon petition, may grant an order
of stay, upon the showing of just cause, tolling the per diem fine
pending final adjudication of the violation and judgment.
(4)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough of West Grove
the right to commence any action for enforcement pursuant to this
section.
A.
Zoning permit. A zoning permit shall be required prior to any of
the following, to establish compliance with the regulations of this
chapter:
(1)
All construction as mandated by the UCC and all other applicable
Borough codes and ordinances.
(2)
The erection of or structural alteration or addition to any
building, structure, sign or portion thereof.
(3)
The use of or changing the use of a building or land.
(4)
The change or expansion of a nonconforming use and/or structure.
(5)
The addition of an accessory use, including but not limited
to a home occupation to an existing residential principal use or conducted
as part of a new residential use.
(6)
The demolition of any building.
B.
Building permit.
(1)
A building permit shall be required prior to the following:
(a)
All new construction in excess of the amount as stated in the
Borough fee schedule.
(b)
The erection, addition, alteration, or demolition of any building
or other structure or portion thereof. It shall be unlawful for any
person to commence work for the erection, alteration, expansion, or
demolition of any building or structure or portion thereof until a
permit has been duly issued therefor.
C.
Sign permit. A sign permit shall be required prior to the erection, alteration, enlargement, or relocation of any sign, sign structure or any portion thereof. It shall be unlawful for any person to commence work for the erection, alteration, enlargement, or relocation of any sign, sign structure, or any portion thereof until a permit, if required, has been duly issued, and that all requirements of Article XIX, Signs, are met.
D.
Use and occupancy certificate. It shall be unlawful for any person
to use or occupy any building, structure or land until a certificate
of occupancy has been duly issued. Certificates for use and occupancy
shall be in accordance with the requirements of the UCC and this or
any other applicable ordinance and shall be required prior to any
of the following:
(1)
Use or occupancy of any building or other structure hereinafter
erected, altered or enlarged for which a building permit is required.
(2)
Change in use of any building or structure.
(3)
Use of land or change in the use thereof, except that the placing
of vacant land under cultivation shall not require a use of occupancy
permit.
(4)
Change in use or extension of a nonconforming use. It shall
be unlawful for any persons to use or occupy any building or other
structure or land until a use and occupancy permit, if required, has
been duly issued therefor.
A.
Applications.
(1)
Applications for permits shall be made to the Zoning Officer/Building
Inspector, as applicable, in writing on such forms provided by the
Borough, by the owner or lessee of any building, structure or land,
or an authorized representative. Applications shall include a description
of the proposed work and/or use and occupancy of a building, structure
or land, and any additional plans, documents and information as may
be necessary or required to ascertain compliance with this chapter,
and any other applicable ordinance or code.
(2)
Applications found to be incomplete shall not be accepted or
processed and the applicant shall be informed of such insufficiency
within 15 business days from the submission of a permit application
to the Borough.
B.
Zoning permit. The application shall be accompanied by plot plans
in duplicate drawn to scale showing the actual dimensions and shape
of the lot to be built upon and the size, location and dimensions
of all existing and proposed buildings, structures or uses, as applicable.
C.
Building permit. The application shall be accompanied by plot plans
in duplicate drawn to scale in sufficient clarity that the Zoning
Officer/Building Inspector can clearly determine the information being
displayed including accurately showing the exact size, location, and
dimensions of any existing or proposed buildings or other structures
on the lot in question and upon abutting land within 50 feet of the
side and rear lines of such lot.
D.
Sign permit. The application shall be accompanied by plot plans in
duplicate drawn to scale showing the lot and the size and location
of all buildings or structures on the premises in question, and the
dimensions and location of the proposed sign on the property. A drawing,
figure, or picture of the proposed sign shall be required showing
dimensions, mounting hardware, illumination, and other details as
may be necessary to ascertain compliance with this chapter.
Upon receipt of an application, the Zoning Officer/Building
Inspector shall review it to determine compliance with this chapter,
the Building Code (UCC), and any other applicable ordinances or permits
in addition to inspecting the premises as necessary. With the exception
of use and occupancy permits as set forth below, within 15 days after
receipt of a complete application, the Borough shall either approve
or disapprove the application accordingly. If the application is disapproved,
the Borough shall provide to the applicant, in writing, the reasons
for the disapproval and shall inform the applicant of the right to
appeal the decision to the Zoning Hearing Board and/or the UCC Appeals
Board, as applicable.
A.
Zoning permit.
(2)
A zoning permit shall be conspicuously posted on the affected
tract or parcel(s) of land after approval while proposed work is undertaken,
prior to the establishment of a new use, or when change in use of
land or a building occurs.
(3)
A zoning permit shall expire if work or a change in use is not
commenced within one year from the date of the permit, and a new permit
shall be required before such work or change of use commences; provided,
however, that the Zoning Officer may extend the zoning permit for
one additional six-month period if the applicant is actively engaged
in completing the project.
(4)
The zoning permittee shall be authorized to proceed with the
work as described on the approved application after obtaining a building
permit if required by this chapter. The Zoning Officer shall revoke
any permit or approval issued under the provisions of this chapter
in any case where there has been a false statement or misrepresentation
of fact in the application or where it is determined that the work
being performed is not in compliance with the information contained
in the zoning permit application or with the provisions of this or
any other applicable ordinance.
B.
Building permit.
(2)
A building permit shall expire one year from the date of issuance,
provided that it may be extended at the discretion of the Zoning Officer/Building
Inspector for one six-month period.
(3)
The building permit holder shall be authorized to proceed with
the work as described on the approved application. The Zoning Officer/Building
Inspector shall revoke any permit or approval issued under the provisions
of this chapter in any case where there has been a false statement
or misrepresentation of fact in the application or where it is determined
that the work being performed is not in compliance with the information
contained in the building permit application or with the UCC or the
provisions of this or any other applicable ordinance.
(4)
Upon completion of the erection, addition to, or alteration
of any building, structure, or portion thereof, authorized by any
building permit obtained in compliance with this chapter and prior
to use or occupancy, the holder of such permit shall notify the Zoning
Officer of such completion.
C.
Sign permit.
(2)
A sign permit shall expire one year from the date of issuance,
provided that it may be extended at the discretion of the Zoning Officer
for one six-month period.
(3)
The sign permit holder shall be authorized to proceed with the
work as described on the approved application. The Zoning Officer
shall revoke any permit or approval issued under the provisions of
this chapter in any case where there has been a false statement or
misrepresentation of fact in the application or where it is determined
that the work being performed is not in compliance with the information
contained in the sign permit application or with the UCC or the provisions
of this or any other applicable ordinance.
D.
Use and occupancy certificate.
(1)
A use and occupancy certificate, in addition to the payment
of the fee prior to or concurrently with an application for a building
permit, shall not be issued until completion of the construction work
authorized by the approved zoning and/or building permit. Upon notification
by the applicant that the construction work has been completed, the
Zoning Officer/Building Inspector shall inspect the property and either
issue or deny the use and occupancy certificate.
(2)
It shall be the duty of the applicant for a zoning and/or building
permit to secure the issuance of the required use and occupancy permit,
by giving notice of completion as aforesaid, notwithstanding the fact
that the applicant may be constructing the building structure, addition,
or alteration for the use of another, and further to notify such proposed
occupant of the requirements of this section prior to transfer of
ownership or commencement of leasehold of the property.
Fees for permits and other fees required in the administration
of this chapter shall be paid in advance at the time of application
and in an amount as set forth in a schedule of fees adopted by resolution
of the West Grove Borough Council from time to time.
A.
Intent and general requirements.
(1)
This section provides for certain uses to be permitted within
the Borough as conditional uses. These uses may not be appropriate
at every location within a zoning district, and accordingly, Borough
Council has established standards and procedures by which to evaluate
and decide upon conditional use applications. It is intended that
these uses, which have the potential for substantial impact upon the
community, shall comply with the regulations hereinafter set forth.
Borough Council shall have the power to approve conditional uses.
(2)
The tract of land under application for conditional use approval
shall be in one ownership, or shall be the subject of an application
filed jointly by the owners of the entire tract and shall be under
unified control. If the ownership of the entire tract is held by more
than one person or entity, the application shall identify and be filed
on behalf of all of the said owners. Approval of the conditional uses
shall include a requirement, with the agreement of the applicant or
applicants, that the tract shall be developed under single direction
in accordance with the approval of conditional use.
B.
Conditional use application.
(1)
Applications for conditional use. Applications for conditional
use shall be filed with the Borough on such forms prescribed for that
purpose. No application shall be accepted prior to the receipt of
the requisite fee paid by the applicant to the Borough.
(2)
Administrative review process.
(a)
The Zoning Officer shall review the application to determine
if it is complete, and act on such determination within five days
of receipt of the application. If the application is determined to
be complete, the Zoning Officer shall submit the application to the
Borough Manager for processing to Borough Council. If the application
is deficient in any required component, the Zoning Officer shall notify
the applicant in writing of the deficiencies. If such identified deficiencies
are not remedied by the applicant within 30 days in the form of a
resubmitted application rectifying said identified deficiencies, this
shall constitute sufficient grounds for denial by the Borough Council
of the application at the subsequent public hearing should the Council
to deem such deficiencies to be substantially at variance with the
requirements of this or other applicable Borough ordinances.
(b)
If a plan or application is resubmitted after a prior submission due to substantial changes or denial in accordance with § 400-127B(2)(a) above, then the resubmission shall be considered as a new submission in accordance with § 400-127B(2)(a) above and the timing requirements of this article.
C.
Procedures for conditional uses.
(1)
Upon receipt of a complete conditional use application, the
Borough Council shall schedule a public hearing on the application.
The hearing shall be conducted by the Borough Council or the Council
may appoint any member or an independent attorney as a hearing officer.
The decision, or, where no decision is called for, the findings shall
be made by the Borough Council. However, the appellant or the applicant,
as the case may be, in addition to the municipality, may, prior to
the decision of the hearing, waive decision or findings by the Borough
Council and accept the decision or findings of the hearing officer
as final.
(2)
The first hearing before the Borough Council shall be commenced
within 60 days from the date of determination that the application
is complete, unless the applicant has agreed in writing to an extension
of time. Such hearing shall be in accordance with the following procedures:
(a)
Notification of the public hearing shall be published in a newspaper(s)
of general circulation in the Borough indicating the time, place,
and nature of the public hearing. Such notice shall be published once
a week for two successive weeks prior to the date fixed for the hearing.
The first publication shall not be more than 30 days and the second
publication shall not be less than seven days from the date of the
hearing, in accordance with requirements of the Municipalities Planning
Code.[1] Public notice of said public hearing shall be conspicuously
posted on the affected tract or parcel(s) of land at least one week
prior to the hearing, in conjunction with written notice to all adjacent
property owners. Proof of proper notification shall be required as
a precondition before any formal action on the application.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
The parties to the hearing shall be the Borough, any person
affected by the application who has made a timely appearance of record
before the Borough Council, and any other persons, including civic
or community organizations, permitted to appear by the Borough Council
or Hearing Officer. The Borough Council, or Hearing Officer, as the
case may be, shall have the power to require that all persons who
wish to be considered parties must enter appearances in writing on
forms provided by the Borough for that purpose.
(c)
The President or Acting President of Borough Council, or Hearing
Officer, shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents required by
the parties.
(d)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(e)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded by the Borough Council.
(f)
The Borough Council or Hearing Officer, as the case may be,
shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Borough. The cost of the original transcript shall be paid in
full by the Borough if the transcript is ordered by the Borough, or
shall be paid in full by the person appealing from the decision of
the Borough if such appeal is made. The cost of additional copies
shall be paid by the person requesting such copy or copies.
(g)
The Borough Council or Hearing Officer shall not communicate,
directly or indirectly, with any party or his or her representatives
in connection with any issue involved except upon notice and opportunity
for all parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from the
Borough Solicitor, unless the parties are afforded an opportunity
to contest the material so noticed and shall not inspect the site
or its surroundings after the commencement of hearings with any party
or his or her representative unless all parties are given an opportunity
to be present.
(h)
Each subsequent hearing before the Borough Council or Hearing
Officer shall be held within 45 days of the prior hearing, unless
otherwise agreed to in writing by the applicant, or is otherwise on
the record of the proceedings.
(i)
An applicant shall complete the presentation of his case-in-chief
within 100 days of the first hearing. Upon request of the applicant,
the Borough Council or Hearing Officer shall assure that the applicant
receives at least seven hours of hearing within the 100 days, including
the first hearing. Persons opposed to the application shall completed
the presentation of their opposition to the application within 100
days of the first hearing held after the completion of the applicant's
case-in-chief.
(j)
An applicant may, upon request, be granted additional hearings
to complete his case-in-chief, provided the persons opposed to the
application are granted an equal number of additional hearings. Persons
opposed to the application may, upon the written consent or consent
on the record by the applicant and the Borough Council, be granted
additional hearings to complete their opposition to the application,
provided the applicant is granted an equal number of additional hearings
for rebuttal.
(k)
Borough Council 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 Borough
Council. Each decision shall be accompanied by findings of fact and
conclusions based thereon, together with the reasons for the final
decision. The date for the Borough Council's decision may be extended
by the applicant either on the record or in writing addressed to the
Borough Council. 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 chapter, the Municipalities Planning Code,[2] 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.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(l)
Where the Borough Council fails to render a decision within
45 days or fails to commence the required hearing with 60 days from
the day of the applicant's request for a hearing, or fails to
complete the hearing no later than 100 days after the completion of
the applicant's case in chief, unless extended for good cause
upon application to the Court of Common Pleas, the decision shall
be deemed to have been rendered in favor of the applicant unless the
applicant has agreed in writing or on the record to an extension of
time. Where a decision has been rendered in favor of the applicant
because of the failure of the Borough Council to meet or render a
decision as herein above provided, the Borough Council shall give
public notice of said decision with 10 days from the last day the
Borough Council could have met to render a decision in the same manner
as required by the public notice requirements of this section. If
the Borough Council shall fail to provide such notice, the applicant
may do so.
(m)
Nothing in this section shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction.
(n)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant and the parties
that were seen before the Borough Council personally or mailed to
them no later than the day following the date of the decision. If,
after the conclusion of the public hearing(s), the application is
amended or revised, the Borough Council shall hold such one or more
public hearings thereon as may be necessary, and shall issue a new
decision thereon in conformance with the procedure established in
this section.
(3)
In granting a conditional use approval, the Borough Council
may attach such additional reasonable conditions and safeguards as
it deems necessary and appropriate to ensure compliance with the provisions
of this chapter and to protect the health, safety, and general welfare
of the community. The conditions of approval may include, but are
not limited to, specific modifications to area and bulk requirements
as might otherwise be applicable, provisions for additional utility
or traffic safety measures, securing additional easements or property
to assure proper site design, or modification to the applicable design
standards.
(4)
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals mandated by the Borough Zoning Ordinance and Chapter 350, Subdivision and Land Development, and any other applicable Borough, state and federal regulations.
(5)
When Borough Council approves the conditional use application, such approved plan shall accompany any application for subdivision of land or land development as prescribed by Chapter 350, Subdivision and Land Development, in addition to the requirements normally required and any application for a building permit.
(6)
Any grant of conditional use approval shall be deemed null and
void one year from the date of such approval, if within that period,
no application is made for a building permit, a use and occupancy
permit, or a subdivision or land development approval, as appropriate,
unless the Borough Council shall grant an extension upon application
for an additional six-month period.
D.
Review standards for conditional use approval. In granting or denying
an application for conditional use, the Borough Council shall evaluate
and decide requests based on the degree of compliance with the following
conditions, in addition to such other requirements and standards as
may be required by law and other provisions of this chapter. The applicant
shall be responsible for demonstrating compliance with standards and
criteria required for conditional use approval. In addition, the Borough
Council may impose such conditions of approval, in addition to those
required, as may be necessary to ensure compliance with any or all
of the following standards as well as compliance with any other relevant
ordinances, regulations and codes. The applicant shall be responsible
for demonstrating compliance with the additional standards and criteria
required for conditional use approval.
(1)
The proposed use is consistent with the purposes of this chapter, the purposes of the zoning district in which it is located, the policies of the West Grove Borough Comprehensive Plan, and shall meet all of the specific standards and regulations for eligibility which appear in the section of this chapter authorizing the proposed conditional use, as well as the requirements of Chapter 350, Subdivision and Land Development, and any other applicable ordinance, code and/or regulations.
(2)
The size, scope, extent and character of the conditional use
requested is consistent with the West Grove Borough Comprehensive
Plan and promotes the harmonious and orderly development or redevelopment
of the zoning district involved.
(3)
The proposed use constitutes an appropriate use consistent with
the character and type of development in the area surrounding the
location for which the request is made and will not substantially
impair, alter or detract from the use of surrounding property and
of the character of the neighborhood.
(4)
The proposed use will provide safe and adequate access to streets,
existing and proposed, and will not result in excessive traffic volumes
or will make any improvements needed to guarantee compatibility with
adjacent streets and public services.
(5)
The interior traffic circulation for the proposed use and access
to rights-of-way shall provide safe and convenient circulation and
access for all users including vehicular and pedestrian modes. Emergency
design considerations will be addressed in the proposed plan.
(6)
Major street frontage will be developed so as to limit the total
number of access points and encourage the frontage of buildings on
roads perpendicular to the major street or highway or encourage parking
behind buildings while orienting setbacks closer to the street.
(7)
The proposed use reflects an environmentally sensitive approach to land planning and design, will be sited in a manner sensitive to existing site conditions including streams, vegetation, and other natural resources, and is consistent with the standards in Article XV, (NR) Natural Resource Protection.
(8)
The proposed use is reasonable in terms of the logical, efficient
and economical extension of public services and facilities, such as
public water, sewers, police, fire protection, recreational opportunities,
open space, and public schools.
(9)
Sanitation and public safety provisions shall be adequate and
a certificate of adequacy of sewage and water facilities from a governmental
health agency shall be provided where required or deemed necessary.
(10)
Conditions may be imposed on the grant of the request necessary
to insure that the general purpose and intent of this chapter is complied
with and that the use of the property adjacent to the area included
in the proposed change or modification is adequately safeguarded with
respect to harmonious design of buildings, aesthetics, planting and
its maintenance as a sight or sound screen, landscaping, hours of
operation, lighting, numbers of persons involved, allied activities,
ventilation, noise, sanitation, safety, smoke and fume control and
the minimizing of noxious, offensive or hazardous elements.
(11)
If the development is to be carried out in successive stages,
each stage shall be so planned that the condition and intent of this
chapter shall be fully complied with at the completion stage.
(12)
If containing more than one building, the development should
consist of a harmonious grouping of buildings or other structures.
(13)
Proposed new construction and proposed change in use of existing
buildings should be compatible with and in keeping with the existing
character of the neighborhood.
The granting of any permit under this chapter shall create no
liability upon, nor a cause of action against, any Borough official
or employee for damages or injury that may occur from the use, construction,
or enlargement of structures or the use of land.
Any person aggrieved by any decision of the Board, or any officer of the Borough may, within 30 days after entry of the decision of the Board, as provided in 42 Pa.C.S.A. § 5572 or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given, as set forth in § 400-134, appeal to the Court of Common Pleas of Chester County by petition, duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, specifying the grounds upon which such person relies.
