[Ord. No. 196-2018, 9/12/2018]
This Part provides for certain uses to be permitted within the
Township as conditional uses. These uses may not be appropriate at
every location within a zoning district, and accordingly, the Board
of Supervisors 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.
The Board of Supervisors shall have the power to approve conditional
uses.
[Ord. No. 196-2018, 9/12/2018]
A.
Applications for conditional use shall be filed with the Board of
Supervisors, through the Township Secretary, on such forms prescribed
for that purpose, and shall include the application form, required
filing fee, and shall state the following information:
(1)
Name and address of the applicant;
(2)
Name and address of the owner of the real estate to be affected
by the proposed conditional use application;
(3)
Evidence of authorization to act on behalf of the property owner(s)
where the applicant is other than the legal or equitable owner of
the property;
(4)
Description and location of the real estate on which the conditional
use is proposed, including applicable tax parcel number(s);
(5)
Statement of the present zoning classification, present land
use, and existing improvements for the real estate in question;
(6)
Statement of the section of this Chapter authorizing the proposed
conditional use; and
(7)
Narrative description of the proposed use and site improvements.
B.
Site Plan. The application for conditional use shall be accompanied
by a proposed site plan to include the following information:
(1)
Site plan shall be drawn to a scale of one inch equals 100 feet.
(2)
Location, dimensions, use, coverage, and height of proposed
buildings and proposed improvements in relation to property and street
lines.
(3)
Dimensional features showing compliance with the applicable
area, width, coverage, yard, natural and historic protection standards,
and other design standards as specified in this Chapter.
(4)
Location, dimension, and arrangements of proposed facilities
including sidewalks, parking areas, site access, and interior circulation,
off-street loading and unloading, and lighting for these areas.
(5)
Location, dimensions, and arrangement of all areas devoted to
open space, ground cover, trees, plantings, and recreation.
(6)
Provisions for handling of stormwater drainage, treatment of
disposal of sewage, and supply of water.
(7)
A copy of the last recorded subdivision plan of which the property
is part.
(8)
Locations and design of all on-site and off-site improvements
related to access control and traffic capacity.
D.
Existing Features Analysis. Any application for conditional use approval involving subdivision or land development, ultimately subject to submission and approval in accordance with the Honey Brook Township Subdivision and Land Development Ordinance, shall be accompanied by an existing features plan in accordance with the provisions of the Township Subdivision and Land Development Ordinance, prepared at the same scale as the site plan provided in accordance with § 27-1302B(2) above.
E.
Traffic Analysis. Any application for conditional use approval involving
a use or use(s) which can be expected to generate more than 50 trips
during any peak hour, based on the most current version (8th Edition)
of the Trip Generation Manual published by the Institute of Transportation
Engineers (ITE), shall be accompanied by traffic studies demonstrating
feasible compliance with the objectives of this Chapter, the Township
Subdivision and Land Development Ordinance, and the Honey Brook Township
and Borough Multi-Municipal Comprehensive Plan, as applicable. Such
studies shall estimate traffic volumes, turning movements, and levels
of service at intersections, and potentially unsafe conditions existing
prior to development as well as any that may be reasonably expected
to occur after proposed development and shall suggest action(s) to
mitigate any anticipated reduction of level of service or other negative
impact to traffic conditions resulting from the development as proposed.
[Ord. No. 196-2018, 9/12/2018]
A.
Upon receipt of a complete conditional use application, the Township
Secretary shall submit the application for recommendation to the Township
Planning Commission, and the Planning Commission shall perform a review
and provide a report to the Board of Supervisors concerning the grant
of approval or disapproval of the proposed use. No formal hearing
before the Planning Commission shall be required. The Planning Commission
shall submit any recommendation regarding the subject application
to the Board of Supervisors at or prior to the public hearing held
by the Board of Supervisors. If the Planning Commission fails to submit
any recommendations to the Board of Supervisors by the time set by
the Board for public hearing, the Board shall proceed to consider
such application without the recommendation of the Commission.
B.
The hearing shall be conducted by the Board of Supervisors or the
Board 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 Board of Supervisors. 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 Board of Supervisors and accept the decision or findings of
the hearing officer as final.
C.
The Board of Supervisors shall schedule a hearing for public review
and comment. Such hearing shall be held within 60 days of filing of
the application for conditional use approval, unless the applicant
waives this requirement, or extends this time limit. Should the applicant
submit new or revised plans for the use subject to conditional use
application between the time of the original submission and the time
set by the Board of Supervisors for public hearing, the review period
shall start anew and prior plans shall be deemed withdrawn. The conditional
use application shall be in accordance with the following procedures:
(1)
Notice of public hearing shall be in the publication of a newspaper of general circulation in the Township in accordance with the requirements for public notice established in the Municipalities Planning Code. Property owners within 300 feet of the application property shall be notified in the same manner as provided for zoning hearings under Part 14, Zoning Hearing Board, no less than 14 days prior to the scheduled hearing. Additionally, like notice thereof shall be given to the applicant, the Zoning Officer, and to any person who has made timely written request for the same. Notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the date of the hearing. Proof of proper notification shall be required as a precondition before any formal action on the application, yet the failure of any person or entity to receive notice given pursuant to this Section shall not constitute grounds for any court to invalidate the actions of the Township for which notice was given.
(2)
The parties to the hearing shall be the Township, any person
affected by the application who has made a timely appearance of record
before the Board of Supervisors and any other persons, including civic
or community organizations, permitted to appear by the Board of Supervisors.
The Board of Supervisors 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 Board of Supervisors.
(3)
The Chairman or Acting Chairman of Board of Supervisors, or
the Township Solicitor acting on the Board's behalf, 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.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded by the Board of Supervisors.
(5)
The Board of Supervisors shall keep a stenographic record of
the proceedings and copies of the graphic or written material received
in evidence shall be available to any party at cost.
(6)
The Board of Supervisors shall render a written decision within
45 days after the last hearing before the Board of Supervisors, approving
the application, approving the application subject to conditions,
or denying the application. However, all hearings must be completed
no later than 100 days after the completion of the applicant's case.
Any aggrieved party may apply to the Court of Common Pleas for a time
extension for good cause. If the Board of Supervisors fails to complete
a hearing within this time period, the application shall be deemed
approved. Where the application is contested or denied, the decision
shall be accompanied by findings of fact and conclusions based thereon,
together with the reasons for the final decision.
(7)
A copy of the final decision shall be delivered to the applicant
and the parties personally or sent by registered mail with return
receipt to them no later than the day following the decision.
D.
Appeals from a determination of the Board of Supervisors pursuant
to any conditional use application shall be only as prescribed within
such times permitted by the applicable provisions of Act 247, the
Municipalities Planning Code.
E.
In granting a conditional use approval, the Board of Supervisors
may also attach such conditions and safeguards, in addition to those
expressed in this Chapter, as it may deem necessary to implement the
purpose of Act 247, the Municipalities Planning Code, as amended,
and this Chapter. Conditional uses shall be subject to compliance
with particular standards contained in this Chapter and criteria defined
in the application review process. The standards described shall be
deemed additional and shall in no way impair any other applicable
standard from this or any other Township ordinance.
F.
The applicant shall have the burden to prove, by a preponderance
of the evidence, that the proposed use will comply in all respects
with this and other applicable Township ordinances, county, state
or federal regulations. The Board of Supervisors may retain such consultants
as necessary to review and certify the accuracy of submitted plans
and documents, reasonable and necessary charges therefore to be borne
by the applicant. When the applicant does not provide information
as required, then it shall be presumed that the proposed use is not
in accordance with the requirements applicable for the granting of
conditional use approval.
G.
If the Board of Supervisors approves the conditional use application
and site plan, such approved plan shall accompany any application
for subdivision of land or land development as prescribed by the Township
Subdivision and Land Development Ordinance in addition to the requirements
normally required and any application for a building permit.
H.
Any grant of conditional use approval shall be deemed null and void
12 months 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 Board of Supervisors shall grant an extension.
(1)
Any request to extend the twelve-month expiration period shall
be properly filed with the Township Secretary 30 days in advance of
the expiration date. The request shall include the reason why the
extension is required, a reasonable estimate of the time needed to
obtain the necessary approvals, and a qualified statement that there
has been no change in the conditional use application or the neighborhood
in which the property is located. Failure to diligently pursue necessary
approvals shall not be grounds for an extension.
[Ord. No. 196-2018, 9/12/2018]
A.
In reviewing an application for conditional use, the Board of Supervisors
shall evaluate the degree of compliance with the following conditions.
It shall be the burden of the applicant to demonstrate compliance
with all applicable criteria.
(1)
The proposed use is consistent with the purpose of the article
whereby it is permitted, the overall purpose of the Zoning Ordinance,
the community development objectives as contained in Article I, and
with the policies articulated in the Honey Brook Township and Borough
Multi-Municipal Comprehensive Plan. The proposed use will satisfy
all of the relevant provisions and requirements of the Township Subdivision
and Land Development Ordinance and any other applicable ordinance,
code and/or regulations.
(2)
The proposed use shall be limited to those authorized as conditional
uses within the zoning district in which the lot or parcel is located.
(3)
The proposed use is located in an area or areas for which the
lot is suited, is consistent with the nature of land uses existing
on immediately adjacent properties, and will be designed, constructed,
and maintained in a manner which complements the appearance and character
of the neighborhood.
(4)
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.
(5)
If containing more than one building, the development will consist
of a harmonious grouping of buildings or other structures.
(6)
The proposed use will be in the public interest and serve the
health, safety, morals and general welfare of the Township.
(7)
The proposed use is consistent with, and will have no adverse
effect upon, the logical extension of public services and utilities,
such as a public water, public sewer, police, fire protection, recreational
opportunities, open space, and public schools.
(8)
Proposed new construction and proposed change in use of existing
buildings will be compatible with and in keeping with the existing
character of the neighborhood.
(9)
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 natural resource protection standards of Part 8 of this Chapter.
(10)
The location and layout of the proposed use is suitable with
respect to probable effects upon highway traffic, and assures adequate
access arrangements in order to protect major streets and highways
from undue congestion and hazard. The Board of Supervisors may require
that the applicant demonstrate that the proposed use shall not result
in a lowering of the level of service on adjacent road segments and
intersections as defined by the most recent edition of the Highway
Capacity Manual from the Transportation Research Board. As a policy,
proposed projects should incorporate designs which assure safe and
efficient access and maintain a level of service "C," as a minimum,
on all adjacent road segments and intersections.
(11)
The interior traffic circulation for the proposed use shall
provide safe and convenient circulation for all users including vehicular
and pedestrian modes. Applicant shall demonstrate that sufficient
safeguards such as parking, traffic control, screening, and setbacks
can be implemented to remove any potential adverse influences the
use may have on adjoining uses. Emergency design considerations will
be addressed in the proposed plan.
(12)
The adequacy of sanitation and public safety provisions shall
be adequate and a certificate of adequacy of sewage and water facilities
from the appropriate Township Official shall be provided where required
or deemed necessary.
(13)
The proposed use will be developed using stormwater management
techniques and soil erosion and sedimentation control techniques deemed
effective by the Township Engineer and the Chester County Soil Conservation
District.
(14)
Review of conditional use applications for use of the open space
design option, shall specifically take into consideration the standards
and requirements of Part 20, Open Space Design Option.
(15)
In review and consideration of the issues set forth above, the
Board of Supervisors may require that the applicant submit appropriate
impact analyses prepared by recognized professional(s) acceptable
to the Township, including, but not limited to, environmental impact
assessment, fiscal impact analyses, recreation impact assessment,
and historic resource impact study.
B.
The Board of Supervisors may impose such conditions, in addition
to those required, as may be necessary to assure that the intent of
the Zoning Ordinance is complied with, which conditions may include,
but are not limited to, harmonious design of buildings, planting and
its maintenance as a sight or sound screen, the minimizing of noise,
glare, noxious, offensive or hazardous elements, adequate standards
of parking and sanitation.
