[Ord. 2035, 12/9/2002, § 1200]
The uses listed in and designated by Part 9 of this chapter as conditional uses may be permitted in the districts and subject to the requirements and conditions set forth in that Part 9 by the Board of Commissioners of the Township after a public hearing conducted by that Board of Commissioners and after receipt of recommendations from the Township's Planning Commission.
[Ord. 2035, 12/9/2002, § 1201]
Where the Board of Commissioners, in this chapter, has stated conditional uses to be granted or denied by the Board of Commissioners pursuant to express standards and criteria, the Board of Commissioners shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. In granting a conditional use, the Board of Commissioners may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort and general welfare.
The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted nor substantially diminish and impair property values within the neighborhood.
The proposed conditional use will serve the best interests of all the Township, convenience of the community and public welfare.
The establishment of the conditional use will not impede the normal and orderly development of surrounding property for uses permitted in the district.
Adequate utilities and access roads, drainage and/or other necessary facilities will be provided.
Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion and the public streets.
The Board of Commissioners may impose such conditions as are necessary to insure that the intent of this chapter is complied with, which conditions may include harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of obnoxious or hazardous elements and adequate standards of parking sanitation.
The Board of Commissioners shall consider the traffic generated, and determine if the parking areas are suitably paved with appropriate materials and such other standards as may be required by the Board.
[Ord. 2035, 12/9/2002, § 1202; as amended by Ord. 2288, 4/12/2010]
Applications. A written application for conditional use approval shall be filed with the Township Building Code Official, which application shall contain or be accompanied by a site plan and such other pertinent data information necessary to assure the fullest practicable presentation of all the relevant facts concerning the application, and a notarized statement by at least one of the owners of the subject property attesting to the truth and correctness of all facts and information presented with the application. A fee shall be paid upon the filing of each such application in an amount as established from time to time by resolution.
The written application for conditional use approval, upon the complete filing thereof, shall be provided to the Township Planning Commission for recommendations, such recommendations to be provided in sufficient time for the Board of Commissioners to comply with the time limits provided in the Municipalities Planning Code, 53 P.S. § 10101 et seq., and hereinafter in this section. Notice of hearings on conditional uses shall be provided in accordance with § 908(1) of the Municipalities Planning Code, 53 P.S. § 10908(1), and notice of the decision shall be provided in accordance with § 908(10) of the Municipalities Planning Code, 53 P.S. § 10908(1). In allowing a conditional use, the Board of Commissioners may attach such reasonable conditions and safeguards, other than those related to off-site transportation or road improvements, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Municipalities Planning Code, 53 P.S. § 10101 et seq.
The Board of Commissioners shall hold hearings on and decide requests for conditional uses in accordance with the express standards and criteria provided in this chapter. In granting a conditional use, the Board of Commissioners may attach such reasonable conditions and safeguards, other than those related to off-site transportation or road improvements, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Municipalities Planning Code, 53 P.S. § 10101 et seq.
The hearing or hearings shall be conducted by the Board of Commissioners or the Board of Commissioners 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 Commissioners. However, the appellant or the applicant, as the case may be, in addition to the Township may, prior to the decision of the hearing, waive decision or findings by the Board of Commissioners and accept the decision or findings of the hearing officer as final.
The Board of Commissioners 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 Board of Commissioners. 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 on any provisions of this chapter, the Municipalities Planning Code, 53 P.S. § 10101 et seq., or of any ordinance, 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.
Where the Board of Commissioners fails to render the decision within the period required by this section or fails to commence, conduct or complete the required hearing as provided in § 908(1.2) of the Municipalities Planning Code, 53 P.S. § 10908(1.2), 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. When a decision has been rendered in favor of the applicant because of the failure of the Board of Commissioners to meet or render a decision as hereinabove provided, the Board of Commissioners shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq. If the Board of Commissioners shall fail to provide such notice, the applicant may do so.
Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
Additional Costs. The applicant must pay any additional costs including Solicitor's fees, Engineer's fees, stenographic fees that exceed the application fee.
Expiration. Whenever the Board of Commissioners grants a conditional use in accordance with all terms and conditions of this chapter, and in accordance with any other special conditions or requirements which are or may be set forth in such conditional use, the applicant shall be duly notified at the time of notification of approval that the conditional use shall not expire at the end of six months from the date of notification of approval if:
The applicant has not secured the building permits or occupancy permits as required, within the six-month period.
The conditional use required construction and the applicant has failed to begin construction within such one-year period.
The conditional use does not involve construction and no utilization of the conditional use has been made within such one-year period. In the event of such expiration, the conditional use previously granted shall be void, and the Building Code Official (Zoning Officer) shall revoke all permits which may have been issued.
Request for Extension. An applicant whose conditional use has expired under the provisions of Subsection 7 hereof may file a written request for an extension of the conditional use to the Township Commissioners. Such written request must be filed within 15 days of the date of expiration of the conditional use.