[Ord. 2002-06, 11/11/2002, § 1901]
1.
The purpose of this Part is:
A.
To establish a uniform process for the review of conditional uses
as established by the various zoning districts.
B.
To establish both general and specific design standards for each
conditional use which supplement base zoning requirements.
C.
To recognize that such uses may not be appropriate at every location
within a zoning district and must be regulated according to site conditions.
D.
To further the goals of this chapter and protect the health, safety,
and welfare of Township residents.
[Ord. 2002-06, 11/11/2002, § 1902]
1.
Applicants desiring to file for conditional use hearing are encouraged
to discuss their plans with the Planning Commission prior to the submittal
of a condition use application.
A.
An application for a conditional use shall be filed with the Board
of Supervisors and shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected
by the proposed conditional use application.
(3)
A description and location of the real estate on which the conditional
use is proposed.
(4)
A statement of the present zoning classification of the real
estate in question, the improvements thereon, and the present use
thereof.
(5)
A statement of the section of this chapter which authorizes
the conditional use.
(6)
An accurate description of the present improvements and the
additions intended to be made under the application for conditional
use including, the size or proposed improvements, material, and general
construction features. The application shall be accompanied by a proposed
site plan showing the size and location of the proposed use, the location
of all proposed buildings, all proposed facilities including, access
drives and parking areas, and dimensional features demonstrating compliance
with the applicable area, width, coverage, yard, and design standards.
This site plan is not intended to be engineered or contain a fixed
architectural layout, but shall demonstrate compliance with all applicable
standards of this chapter.
(7)
In addition to the site plan requirements above and the criteria for evaluation contained in this Part, and other sections of this chapter, the applicant shall submit a preliminary written analysis describing how stormwater will be handled on the site. Such an analysis shall incorporate preliminary design calculations to demonstrate substantial compliance with the stormwater management requirements of the Subdivision and Land Development Ordinance [Chapter 22].
B.
The application for a conditional use shall be filed with the Secretary
of the Township on such forms as may be prescribed for that purpose,
and shall be accompanied by the application fee, prescribed from time
to time by the Board of Supervisors, and such supporting data and
plans as required in Subsection 1A. No application shall be received
for filing, unless accompanied by the required filing fee and required
supporting plans and data. The Secretary shall submit the application
to the Planning Commission at their next advertised meeting, and the
Planning Commission shall review the application and make recommendations
to the Board of Supervisors within 45 days thereafter.
C.
The Board of Supervisors shall hold a public hearing on the conditional
use application, or the Board may appoint any member or an independent
attorney as a hearing officer. Such hearing shall commence within
60 days of filing of the application for conditional use approval,
unless the applicant waives this requirement or extends this time
limit, in accordance with the following procedures:
(1)
Notice of hearing shall be published in a newspaper of general
circulation in the township once each week for two successive weeks.
Such notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing. The
first publication shall not be less than 30 days from the date of
the hearing, and the second publication shall not be less than seven
days from the date of the hearing.
(2)
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.
(3)
The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Board of Supervisors and any other persons, including civic
or community organizations, permitted to appear by the Board. The
board of Supervisors shall have the power to require that all persons
who wish to be considered parties enter written appearances on forms
provided by the Board of Supervisors for that purpose.
(4)
The Chairman or Acting Chairman of the Board 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 requested by the parties.
(5)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(6)
The Board of Supervisors shall keep a stenographic record of
the proceedings, and copies of the graphic or written material introduced
into the record as evidence shall be made available to any part at
cost.
(7)
The Board of Supervisors shall render a written decision within
45 days after the last hearing before the Board of Supervisors or
the hearing officer. 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 and accept the decision
or findings of the hearing officer as final. Where the application
is contested or denied, the decision shall be accompanied by findings
of fact and conclusions based thereon, together with the reasons therefor.
(8)
A copy of the final decision shall be delivered to the applicant
and the parties before the Board of Supervisors personally, or sent
by registered mail with return receipt to them not later than the
day following the date of the decision.
(9)
Appeals from a determination of the Board of Supervisors pursuant
to any application for conditional use shall be only as prescribed
within such times permitted by Article X-A the Municipalities Planning
Code, Act 247, as amended, 53 P.S. § 11001-A et seq.
D.
In granting or denying a conditional use or establishing conditions with reference to such grants, the Board of Supervisors or hearing officer, shall use as a guide in evaluating a proposed conditional use, and may determine to be mandatory, those standards established for review of special exception applications by § 27-2207, Subsection 3. The burden of establishing compliance with those enumerated standards shall be upon the applicant by a fair preponderance of the credible evidence. The standards required by this subsection shall be deemed a part of the definitional aspect under which a conditional use may be granted, and the failure of the applicant to establish his compliance with all of the standards shall, in the discretion of the Board, be deemed either a basis for the establishing of conditions or limitations on an approval or the basis for a determination that the applicant has not met the requirements for which a conditional use may be granted.
E.
In granting a conditional use approval, the Board of Supervisors
may attach additional reasonable conditions and safeguards as it deems
necessary and appropriate to insure 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.
F.
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals mandated by the Township Subdivision and Land Development Ordinance [Chapter 22], and any other applicable Township, county, state, or federal regulations.
G.
Where the Board of Supervisors, or hearing officer, fails to render a decision within the period required by Subsection 1C(7); fails to commence the required hearing within 60 days from the date 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.
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 shall grant an extension.
[Ord. 2002-06, 11/11/2002, § 1903]
1.
The regulations of the base zoning district shall apply as the minimum regulations governing conditional uses along with more specific regulations established by this Part and in Part 17, "Supplemental Land Use Provisions." In all instances where there is a conflict between this Part and other Parts in this chapter or other ordinances, the more restrictive of specific standards shall apply:
A.
As part of an application for a conditional use, the applicant shall
provide information that indicates that the standards and criteria
of this Part and the base district have been met. The applicant shall
submit a narrative report that describes how the standards and criteria
have been met or how negative impacts will be mitigated to insure
that:
(1)
The proposed use is consistent with the purpose of the Part
whereby it is permitted, the overall purpose of the zoning as contained
in Part 1, and the policies contained in the East Fallowfield Township
Comprehensive Plan (1999).
(2)
The proposed use will satisfy all of the relevant provisions and requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] and any other applicable ordinance, code, and/or regulations.
(3)
The proposed use will be in the public interest and serve the
health, safety, and general welfare of the Township.
(4)
The proposed use will be compatible with the nature of the existing
character of the neighborhood.
(5)
The proposed site is suitable to support the proposed use in
terms of protection of existing site conditions including streams,
vegetation, and other natural resources, and is consistent with the
natural resource protection standards of Part 14.
(6)
The proposed use will be consistent with good design principles,
sound engineering and land development practices, and is in keeping
with the character or any existing quality construction within the
Township.
(7)
The proposed site design will protect and preserve the natural environment based on thorough site analysis and evaluation related to topography, soils, vegetation, hydrology, visual quality, historic resources, and related site conditions and characteristics in accordance with § 22-505 of the Township Subdivision and Land Ordinance [Chapter 22] and § 27-1814 of this chapter.
(8)
The proposed use will provide safe and adequate access to roads,
existing or proposed, and will not directly result in traffic volumes
which will reduce the level of service below a "C" rating as defined
by the Transportation Research Board in the Highway Capacity Manual,
Special Report 209, 1985. Roadway access design shall be based on
existing design speed characteristics of the road from which access
is proposed, but in addition, shall account for inherent unsafe conditions
of the existing roadway.
(9)
Where applicable, the proposed use will provide the screening and landscaping as required in this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
(10)
The proposed use, as depicted in the plans for subdivision and/or
land development, includes proposals for landscaping, in addition
to that required as stated above, in areas such as the entrance, along
property boundaries, in areas which are highly visible, such as along
roads, walks, or trails.
(11)
The proposed use will provide for adequate off-street parking and loading in accordance with § 27-1806.
(12)
Applicants shall demonstrate that proposed signage will comply
with Part 16.
(14)
The environmental impact assessment (EIA) report shall be submitted for any proposed use which is made subject to the provisions of § 27-1814.
(15)
The proposed use will be developed using effective and adequate
stormwater management techniques, and soil erosion and sedimentation
control techniques.
(17)
The applicant shall provide evidence of feasibility of any and
all proposed sewage disposal systems.
(18)
The applicant shall demonstrate an adequate water supply for
consumptive use as to quantity, chemistry, and biological content
of such water.
(19)
The applicant shall demonstrate adequate water supply for fire
protection as to quantity and pressure.
B.
The Board of Supervisors may impose such conditions of approval,
in addition to those required, as are necessary to ensure compliance
with the above amenities as well as compliance with any other relevant
ordinances, regulations, or codes. It shall be the responsibility
of the applicant to demonstrate compliance with the additional standards
and criteria required for conditional use approval.
