Where this chapter provides special exception uses to be authorized or denied by the Board, pursuant to express standards and criteria, the Board shall hear and decide requests for such uses in accordance with such standards and criteria, as follows, in addition to such other requirements and standards listed in this chapter for the proposed use. In granting a special exception, the Board 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 the Pennsylvania Municipalities Planning Code (MPC) and this chapter.
A. The size, scope, extent and character of the special exception request is consistent with the Borough Comprehensive Plan and with the purpose and intent of the zoning district involved, and promotes harmonious and orderly development.
B. The proposed special exception use constitutes an appropriate use in the area 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 or from the character of the neighborhood; its effect on the other properties in the area; and is consistent with the presence or absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which the applicant seeks approval.
C. The proposed special exception serves the health, safety, welfare, and the best interest of the Borough.
D. The proposed use has adequate access and off-street parking, in accordance with Article
XXV, and will not cause undue traffic congestion and hazard.
E. Major street and highway frontage will be developed so as to limit the total number of access points and encourage access from parallel marginal roads or on roads perpendicular to the major street or highway.
F. The proposed modification is reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water and sewers, police and fire protection, transportation and public schools.
G. The natural features and processes characterizing the proposed site and its surroundings shall not suffer unmitigated degradation, that the management of stormwater, the provision of water or sewer service, and any other alterations to the site's predevelopment condition shall be consistent with Borough goals, practices and plans in these regards.
H. Conditions are being imposed on the grant of this use to insure that the general purpose and intent of this chapter is complied with and that the use of adjacent property 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, number of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
I. The recommendations of the Planning Commission on the proposed development plan should be reviewed, where such plan is required. The Board shall not be bound by such recommendations, nor shall the Board be bound by the action of the Borough Council in relation to the development plan.
J. All commercial or industrial parking, loading, access or service areas will be adequately illuminated at night while in use as per Article
XXIII, and the Malvern Borough Subdivision and Land Development Ordinance relating to access and street frontage.