[Ord. 94, 6/8/1988, § 2100]
1.
There shall be a Zoning Officer who shall be appointed by the Board
of Supervisors and may not hold any elected office in the Township.
The Zoning Officer's duties shall include, but not be limited to,
the following:
A.
Enforce all provisions of this chapter and all amendments thereto.
B.
Receive and examine all applications for zoning permits and issue
zoning permits only for any use which conforms to this chapter and
other Township ordinances.
C.
Refer applications for special exceptions to the Zoning Hearing Board.
D.
Issue permits for construction of structures or uses requiring a
special exception or variance only upon order of the Zoning Hearing
Board. Permits requiring approval by the Board of Supervisors, such
as conditional use approval, shall be issued only after authorization
from the Board of Supervisors.
E.
To receive application for interpretation appeals and variances and
forward these applications to the Zoning Hearing Board for action
thereon.
F.
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
G.
Issue stop, cease, and desist orders, and order 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. 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 a
violation of this chapter.
H.
Keep an official record of all business and activities, including
complaints of a violation of any of the provisions of this chapter
and of the subsequent action taken on each such complaint.
I.
Receive applications for conditional uses, curative amendments and
zoning changes, forwarding requests to the Board of Supervisors, Planning
Commission, and other appropriate agencies.
J.
Process zoning permit applications for all permitted uses. For the following uses with 12,000 square feet or more of building area, the Zoning Officer shall receive and submit applications and plans to the Board of Supervisors, the Planning Commission, and the Township Engineer for review under the provisions of Part 5, "Design Standards," and Part 6, "Required Improvements," of the Township Subdivision and Land Development Ordinance [Chapter 22], and the provisions of this chapter:
K.
Maintain, or cause to have maintained, a map or maps showing the
current zoning classification of all land in the Township.
L.
Issue use and occupancy permits in accordance with the terms of this
part.
[Ord. 94, 6/8/1988, § 2101; as amended by Ord.
113, 1/16/1990, §§ 91, 92; by Ord. 116, 3/6/1990, §§ 4,
5; by Ord. 153, 5/3/1994, § 1; by Ord. 203, 5/6/2003, §§ II–V;
by Ord. 2007-6, 9/4/2007, § 08; and by A.O.]
1.
No use may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed, removed, and no building used or occupied, changed in nonresidential use occupancy, until a zoning permit has been obtained from the Zoning Officer. A zoning permit shall be required for a project in excess of 100 square feet or in excess of $2,500 in cost. Within the Historic Districts, a certificate of appropriateness must be obtained whether or not a zoning permit is required. Upon completion of change in use or construction, reconstruction, alteration or moving structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this chapter and in compliance with the Uniform Construction Code as adopted in Chapter 5, Part 1.
[Amended by Ord. 2017-7, 8/15/2017]
A.
All applications for zoning permits shall be made in writing by the
owner, tenant, vendee under contract of sale, or authorized agent
on a form supplied by the Township and shall be filed with the Zoning
Officer. The application shall include four copies of the following
information:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout plan drawn to scale of no smaller than one inch equals 50 feet showing the location, dimensions, and height of proposed buildings, structures, or uses and any existing buildings in relation to property did street lines. If the application relates to property scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property. The site layout plan shall also meet the requirements of § 27-2203 and demonstrate compliance with all natural resource protection standards in the Zoning Ordinance and, as applicable, the Subdivision and Land Development Ordinance.
[Amended by Ord. No. 2021-007, 10/19/2021]
(3)
The location, dimensions, and arrangements of all open spaces,
yards and buffer yards, including methods to be employed for screening.
(4)
The location, size, arrangement and capacity of all areas to
be used for motor vehicle access, off-street parking, off-street loading
and unloading and provisions to be made for lighting such areas.
(5)
The dimensions, location and methods of illumination for signs,
if applicable.
(6)
The location and dimensions of sidewalks and all other areas
to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sanitary sewage and industrial wastes, water supply, and storm drainage. Provisions for stormwater management shall be made in compliance with the Township Subdivision and Land Development Ordinance [Chapter 22]. Provisions for water supply shall be made in compliance with § 22-528 of the Township Subdivision and Land Development Ordinance [Chapter 22] and § 27-2902, Subsection 1D, of this chapter.
(8)
The capacity and arrangement of all buildings used or intended
to be used for dwelling purposes, including the proposed density in
terms of number of dwelling units per acre of land.
(9)
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, fire hazards, traffic congestion or other
safety hazards.
(10)
Description of methods to be employed in controlling any excess
noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards.
(11)
A statement as to whether the property is subject to a conservation
easement, and if so, a copy of the conservation easement shall be
attached to the zoning permit application.
(12)
Any other data deemed necessary by the Zoning Officer in order
to determine compliance of the proposed development with the provisions
of this chapter.
B.
No permit for any new use or construction which will involve the
on-site disposal of sewage, and no permit for a change in use or an
alteration which will result in an increased volume of sewage to be
disposed of on the lot, shall be issued until approval has been granted
by the Bucks County Department of Health.
C.
No permit for any new use or construction which will use public sewage
facilities, and no permit for a change in use or an alteration which
will result in an increased volume of such sewage shall, be issued
until approval of the connection has been granted by the servicing
authority.
D.
No permit shall be issued until the following requirements for private
water supply are met:
(1)
Private Water Supply. In all districts except Residential Development
District (RD), Traditional Neighborhood Commercial District (TNC),
Small Lot Residential District (R-1), and Parcel D of the RD-D District,
water shall be furnished by the owner on an individual lot basis.
If a well is installed on a lot, the well shall be of the drilled
type, cased and grout-sealed into the bedrock. The well shall have
a production of not less than six gallons per minute as established
by bailor tests certified by the well driller or an equivalent test
satisfactory to the Township Engineer. Prior to the issuance of a
building permit and upon completion of the installation of any private
well, the owner of the premises upon which the well has been installed
shall produce a certificate of potability for water within the well
in compliance with the standards set forth in the Federal Safe Drinking
Water Act, 42 U.S.C. § 300f et seq., a certificate setting
forth the rate of flow of water from the well stating that the overall
withdrawal from a given well does not exceed the anticipated recharge,
and information stating the depth of water and the geologic description.
In addition, the quality of the water produced by the well shall be
tested to determine compliance with the following maximum contaminant
limits by a Water Quality Laboratory certified by the Department of
Environmental Protection of the Commonwealth of Pennsylvania:
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Physical Characteristics:
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Turbidity
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5 units
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Color
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15 units
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Threshold
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3 units
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pH
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6.5-8.5
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Chemical Characteristics:
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Chloride
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250.00 mg/l (ppm)
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Nitrate/Nitrite Nitrogen
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10.00 mg/l (ppm)
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Iron
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0.30 mg/l (ppm)
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Sodium
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20.00 mg/l (ppm)
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Manganese
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0.05 mg/l (ppm)
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Copper
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1.00 mg/l (ppm)
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Hardness
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250.00 mg/l (ppm)
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Detergent (MBAS)
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0.50 mg/l (ppm)
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Total Dissolved Solids
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500.00 mg/l (ppm)
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TCE (Trichloroethylene)
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4.5 micrograms/l (ppb)
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Phenol
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5.00 mg/l (ppm)
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Bacteriological Characteristics:
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Total Plate Count
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Less than 500 counts per ml
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Fecal Coliform
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Less than 1 colony per 100 ml
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E.
No permit for any new use or construction shall be issued until approval
has been granted and/or permits have been issued by all other applicable
agencies (federal, state or county) such as PennDOT, PaDEP, the U.S.
Army Corps of Engineers, and the like.
F.
No permit shall be issued if the activity proposed on the property
violates a conservation easement to which the property is subjected.
G.
The Zoning Officer shall render a decision either approving or disapproving
the applications for a zoning permit within 30 days after the application
is filed provided that any disapproval of the application shall be
issued within said thirty-day period containing a brief explanation
setting forth the reasons for said disapproval and the manner in which
the application can be corrected and/or modified to obtain the required
approval. If no decision is rendered on the application within 30
days, the application shall be deemed to have been denied, unless
the applicant has agreed in writing to an extension of time.
H.
Upon the issuance of the permit and until construction or alteration
is completed, the permit shall be displayed prominently on or attached
to the building or lot for which issued, so that the same can be observed
from the outside.
[Ord. 94, 6/8/1988, § 2102]
1.
The activity authorized by a zoning permit shall be commenced, and
any change in use of a building or land authorized by a zoning permit
shall be undertaken, within one year after the date of issuance of
the permit. If not, the permit shall be considered null and void.
However, in case of erection or construction of a building, the right
to proceed with construction may be extended annually without additional
fees for a period of not more than three years, provided that the
construction pursuant to said permit has commenced within the first
one-year period.
2.
Special exceptions, variances and/or conditional uses shall be treated
in accordance with § 603(b)(2.1) of the Municipalities Planning
Code, 53 P.S. § 10603(b)(2.1).
[1]
Editor’s Note: Former § 27-2904, Duration of Permits
for Bed-and-breakfast Inns, adopted by Ord. 94, 6/8/1988, § 2103,
was repealed by Ord. 2018-005, 6/19/2018.
[Ord. 94, 6/8/1988, § 2104]
1.
No zoning permit required by the provisions of this chapter shall
be issued when construction or alteration of a building or structure
is planned and when a driveway is to be utilized until the applicant
has obtained a driveway permit from the Township.
2.
No occupancy permit required by the provisions of this chapter shall
be issued until the driveway has been constructed in accordance with
the driveway permit.
3.
The Zoning Officer may issue a temporary occupancy permit for a period
not to exceed 150 days in the event that a driveway within the street
right-of-way has not been paved at the time that the occupancy permit
is requested, provided that the Township shall retain in escrow the
funds paid on account of the occupancy permit and driveway permit
until the driveway pavement is completed to the satisfaction of the
Township Roadmaster and an occupancy permit is issued for the property.
4.
In the event that the driveway is not paved to the satisfaction of
the Township Roadmaster within 150 days of the issuance of the temporary
occupancy permit, the Township may complete the paving and the total
cost of the paving and all legal, engineering and administrative costs
involved in completing the paving shall be deducted from the funds
held by the Township in escrow and the balance, if any, shall be refunded.
In the event the fund is insufficient to pay for the paving and all
legal, engineering and administrative costs, the person applying for
the temporary occupancy permit shall be responsible for the excess
costs.
[Ord. 94, 6/8/1988, § 2104-A; as amended by Ord.
116, 3/6/1990, § 3; by Ord. 153, 5/3/1994, § 1]
1.
ACTIVITY
PERSON
PRODUCTION WELL
SAFE YIELD
Definitions.
The drilling of a production well, the enlarging of a production
well, the conducting of a pump test of the production well, and/or
the conducting of a step test of a production well.
The owner or owners of the premises upon which any activity
concerning a production well governed by this chapter is to occur
and the person or persons conducting such activity.
A well intended to supply two or more residential units with
water and/or any individual well intended to yield or supply a minimum
of 10,000 gallons per day.
The amount of water that can be removed from the aquifer
without exceeding the amount of water that is annually replaced by
rainfall and infiltration.
2.
No person shall drill or enlarge a production well, or conduct step
or pump tests for a production well except in compliance with the
provisions of this chapter. Furthermore, no person shall permit a
production well to be drilled or enlarged upon his land, or permit
a production well to be step tested or pump tested upon his land,
except in compliance with the provisions of this chapter.
3.
No person shall proceed to drill or enlarge a production well or
to conduct step tests on a production well within the Township unless
the Township and all the residents within a 1/2-mile radius of the
subject production well are notified in writing of the intent to drill,
enlarge, step test, or pump test a production well at least 72 hours
prior to the commencement of such activity. The notification shall
contain the name of the owner of the property upon which the production
well is to be located or is located, the location of the property,
the address and telephone number of the owner of the property, and
the name, address and telephone number of the person conducting the
drilling, enlarging, step testing, or pump testing activity. Furthermore,
the notice shall state the precise dates on which the activity is
to occur.
4.
Permit.
A.
Permit Required. No person shall drill or enlarge a production well,
or conduct a step test or pump test for a production well unless the
owner of the land upon which the production well is located or is
to be located or the person conducting the activity has first obtained
a permit from the Township Zoning Officer. The permitting requirement
of this section shall not apply to public utilities operating under
a certificate of public convenience issued by the Public Utility Commission
or to wells that require permits from the Delaware River Basin Commission.
B.
Permits shall be issued by the Township Zoning Officer upon payment
by the applicant of the fee required for the activity to be conducted.
The Board of Supervisors of the Township shall, by resolution from
time to time, establish the fee schedule for permits applicable to
the drilling, enlarging, step testing, and/or pump testing community
wells.
C.
The application for a permit shall be in writing by the applicant
and shall set forth the following information:
(1)
The exact location of the production well.
(2)
The name, address, and telephone number of the owner of the
tract of land upon which the production well is situated or intended
to be situated.
(3)
The name, address, and telephone number of the person conducting
the activity.
(4)
The precise date or dates upon which the activity is to occur.
(5)
The proposed pumping rate, together with the calculation established
for the projected water demand for the proposed well.
(6)
A long term safe yield calculation for the proposed well based
on the underlying geologic formation(s).
D.
Drilling a production well, enlarging a production well, conducting
a step test of a production well, and conducting a pump test of a
production well shall each be considered separate activities, and
each shall require a separate permit. The permit shall be secured
by the applicant a minimum of 72 hours prior to the occurrence of
the activity. Permits shall automatically expire and become null and
void 15 days after issuance.
5.
If for any reason whatsoever, the proposed activity is delayed so
that the notice to the Township Engineer, the Township Office and
the residents within 1/2 mile of the production well sets forth incorrect
information with regard to the date of the intended activity, in that
event, the owner of the premises or the person conducting the activity
shall issue new notices to the Township Office, the Township Engineer,
and residents within 1/2 mile of the production well.
6.
The Township Engineer shall have the right at the sole discretion
of the Board of Supervisors of the Township, to be present at the
site for any activities involving the drilling or enlarging of a production
well, and the pump testing or step testing of a production well.
7.
Any application for a permit for the drilling, enlarging, step testing,
and/or pump testing of a production well shall be accompanied by a
detailed hydrogeological report in order to obtain the adequacy of
the supply of groundwater for the production well. The hydrogeological
report shall include, but is not limited to, the following materials,
information and data:
A.
A well survey of existing wells within 1/2 mile radius of the proposed
production well. For each existing well surveyed, the following information
shall be set forth:
B.
The location of all existing on-lot sewage disposal systems or known
sources of point pollution within 1/2 mile of the proposed production
well.
C.
A proposed water budget for the drainage basin using the Walton method.
The budget shall specify all necessary energy inputs and all calculations
shall be supplied.
D.
A complete geologic map, including bedrock type, all known faults
and lineations, i.e., fracture trace, said map covering an area of
1/2 mile radius of the proposed or existing well.
E.
The driller's log describing the nature and depth interval of subsurface
materials, and potential water yielding zones and their static water
levels as encountered during drilling.
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If the aforesaid information has been supplied by the owner
of the premises or his representative within one year previous, then
the information supplied with an application for another permit shall
update the information previously supplied.
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Upon completion of the well test, if the Township determines
that the effects (i.e., the quality of water table fluctuation) of
the proposed well extend beyond 1/2 mile of the proposed well, the
applicant shall be required to rerun the well test and to supply the
aforementioned data for an area of one mile from the proposed or existing
well.
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8.
Within 30 days after the activity governed by the permit has been
completed, the owner of the premises or the person conducting the
activities shall supply the following information to the Township:
A.
The yield of the production well based on a pump test 72 hours after
equilibrium but not more than 120 hours (if the permit given was for
a pump test).
B.
An analysis of the quality of the water obtained from the production
well during the pump test (if the permit was for a pump test) in accordance
with the requirements of the Safe Drinking Water Act, 42 U.S.C. § 300f.
C.
If the permit is for a pump test, computation of all well and aquifer
characteristics, including, but not limited to, transmissibility and
storage, and the area of the influence of the production well during
the pumping test. A minimum of five monitoring wells shall be evaluated.
The monitor wells shall be chosen so that one well is as close as
possible to the proposed or existing production well, two wells are
approximately 1/2 mile from the existing or production well (each
to be in opposite directions of the production well). Well drawn-down
data shall be supplied for the production well and for each monitor
well. If such wells are not available, then the applicant must drill
monitoring wells in the required locations.
D.
A detailed evaluation of the effect of groundwater withdrawal on
surface water within a 1/2 mile radius of the production well.
E.
A long-term safe yield calculation based on the pump test results.
9.
The applicant shall be required to provide an adequate supply of
potable water to any person adversely affected by any well test promptly
upon being notified by the Township or the affected well owner. This
duty shall continue until the affected well is capable of producing
an adequate supply of potable water to the well owner.
[1]
Editor’s Note: Former § 27-2907, Temporary Permits,
adopted by Ord. 94, 6/8/1988, § 2105, was repealed by Ord. 2018-005,
6/19/2018.
[Ord. 94, 6/8/1988, § 2106; as amended by Ord.
116, 3/6/1990, § 6; by Ord. 118, 5/22/1990, § 1;
and by Ord. 153, 5/3/1994, § 1]
1.
A certificate of occupancy shall be required for any of the following:
A.
Use and occupancy of any building or other structure hereafter erected
or altered, for which a zoning permit is required.
B.
Change in use of any building or structure or any part thereof.
C.
Use of land or change in the use thereof, except that the placing
of vacant land under cultivation shall not require a certificate of
occupancy.
D.
Change in use or extension of a nonconforming use.
2.
It shall be unlawful for any person to use or occupy any building
or other structure or land until a use and occupancy permit, if required,
has been duly issued.
3.
All applications for certificates of occupancy shall be made in writing
by the landowner or his authorized agent on forms furnished by the
Township and shall include all information necessary to enable the
Zoning Officer to ascertain compliance with this chapter.
4.
No certificate of occupancy shall be issued until the Zoning Officer
has certified that the proposed use complies with all the provisions
of this chapter and all other ordinances, regulations and codes of
the Township.
5.
A certificate indicating that a representative sample of the well
water was taken and tested by the Testing Laboratory within 30 days
of the application for an occupancy permit, and indicating compliance
or lack of compliance of the well water (specifying each contaminant
which does not comply) shall be supplied to the Township Zoning Officer
together with the application for the occupancy permit.
6.
No occupancy permit will be issued for any lot unless the lot contains
a well which has a production of not less than six gallons per minute
as established by the bailor test or an equivalent test satisfactory
to the Township Engineer and unless the water quality of the well
meets the aforementioned standards or unless the plans for the building
include detailed plans for a treatment system which is certified by
a professional engineer to bring the water into compliance with the
aforementioned standards.
7.
In addition, the applicant for an occupancy permit must agree that
in the event the water is not in compliance with the aforementioned
standards, that the applicant will give the purchasers of the property
(if different from the applicant) a copy of the water certification
specifying each contaminant which does not comply with the standards,
and a description (including plans) of the system which will be installed
to bring the water quality into compliance together with instructions
as to how the system must be maintained prior to settlement on the
property.
[Ord. 94, 6/8/1988, § 2107]
If the Zoning Officer determines that an application is in compliance
with the provisions of this chapter, it shall be his duty to issue
the appropriate permit; and, if he determines that an application
is not in compliance with the provisions of this chapter, it shall
be his duty to refuse the permit, in which case, he shall instruct
the applicant in the method of appeal or application to the Zoning
Hearing Board, or the Board of Supervisors, whichever is applicable.
No permit shall be issued to any applicant until any and all fees
incurred, which are payable to the Township, are paid in full.
[Ord. 94, 6/8/1988, § 2108; as amended by Ord.
153, 5/3/1994, § 1]
1.
The Board of Supervisors shall establish, by resolution, a schedule
of fees, charges, and expenses and collection procedures for the cost
of administering this chapter including, but not limited to, building
permits, occupancy permits, sign permits, conditional uses, special
exceptions, variances, validity challenge, curative amendment, petition
for a zoning change, appeals, and other matters pertaining to this
chapter. The schedule of fees shall be available in the office of
the Zoning Officer and may be altered or amended only by the Board
of Supervisors.
2.
No action shall be taken on any application for any conditional use,
special exception, variance, validity challenge, curative amendment,
petition for a zoning change or appeal accepted, until all application
fees, changes and expenses have been paid in full.
3.
The applicant shall reimburse the Township for any fees of the Township
Solicitor and Township Engineer or other experts and consultants for
reviews on application for conditional use, petition for zoning change,
curative amendment, and the like.
[Ord. 94, 6/8/1988, § 2109; as amended by Ord.
138, 5/26/1992, §§ 56–59]
1.
Whenever it appears to the Township that a violation of any provision
of this chapter has occurred, enforcement shall be initiated by the
Zoning Officer by sending an enforcement notice as provided in this
section. Such notice shall be served for violating:
2.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, 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.
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 Township 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 to the applicable provision
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date which the steps must be completed.
E.
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 this chapter.
F.
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 clearly described.
[Ord. 94, 6/8/1988, § 2110; as amended by Ord.
138, 5/26/1992, § 60]
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 provision of this chapter,
the Board of Supervisors or, with the approval of the Board of Supervisors,
an officer of the Township, 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 of 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 Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Supervisors. No
such action may be maintained until such notice has been given.
[Ord. 94, 6/8/1988, § 2111; as amended by Ord.
138, 5/26/1992, § 61; by Ord. 153, 5/3/1994, § 1;
and by A.O.]
Any person, partnership or corporation who or which has violated
or permitted the violation of a provision of this chapter, shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney's fees incurred by
the Township as a result thereof. No judgment shall commence or be
imposed, levied or payable until the date of the determination of
a violation by the magisterial district judge. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure. Each
day that a 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 not such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the 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
attorney's fees collected for the violation of this chapter shall
be paid over to the Township.
[Ord. 94, 6/8/1988, § 2112; as amended by Ord.
153, 5/3/1994, § 1]
1.
In evaluating an application to the Board of Supervisors for a conditional
use or the Zoning Hearing Board for a special exception, the respective
Boards shall require the applicant to provide information to indicate
that the standards and criteria have been met. The applicant shall
submit a report which describes how the standards and criteria have
actually been met or will be met to insure that:
A.
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 all applicable provisions of this chapter.
B.
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 regulation which are hereby incorporated by reference.
C.
The proposed use and its location are consistent with and responsive
to the Comprehensive Plan, in particular, the plans for land use,
circulation, community facilities and utilities.
D.
The proposed use will not adversely effect the health, safety, morals
and general welfare of the Township.
E.
The proposed land use is consistent with the nature of the conforming
land uses existing on any immediately adjacent properties; and, it
will not detract from or cause harm to neighboring properties and
will be maintained in a manner in keeping with the character of the
neighborhood.
F.
The proposed use is consistent in concept and design with other conditional
uses or special exceptions for which approval may have been previously
granted, and/or it is located in an area or areas for which the lot
is suited.
G.
If public services are planned for the property, the proposed use
is consistent with the planned extensions of public services and utilities,
such as a public water and public sewer, and will not have a negative
effect on the public services and utilities of the surrounding properties.
H.
Proposed construction will be consistent with good design principles,
and sound engineering and land development practices, and is in keeping
with the character of any existing quality construction within the
neighborhood.
I.
The proposed use reflects an environmentally sensitive approach to
land planning and design based on thorough site analysis and evaluation
related to topography, soils, vegetation, hydrology, geology, especially
limestone and diabase, visual quality and related site conditions
and characteristics.
J.
The proposed use will provide safe and adequate access to roads and
public services (existing or proposed); will not result in excessive
traffic volumes; will make any improvements needed to guarantee compatibility
with adjacent roads and public services; and will reflect a well designed
internal circulation system.
K.
The proposed use will provide for effective sanitation.
L.
The proposed use will create the required screening and landscaping as required in this chapter and the Township Subdivision and Land Development Ordinance. [Chapter 22].
M.
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, and in other places deemed by the Township,
where the use of trees, shrubs and ground covers would be functional
and appropriate.
N.
The proposed use will be properly sited, and not be disruptive to
existing topography, streams and ponds, vegetation and other natural
resources, especially within the Floodplain Conservation District
and the Steep Slope Conservation District.
O.
The proposed use will provide for adequate off-street parking and
loading in accordance with Part 23.
P.
The proposed use will provide for adequate signage in accordance
with Part 24.
Q.
The proposed use will provide for adequate environmental controls
in accordance with Part 25.
R.
A satisfactory environmental impact assessment (EIA) report is submitted
for any proposed use for which a conditional use or special exception
application has been submitted, subject to the provisions of Part
25.
S.
The proposed use can be adequately serviced by the type of water
supply and sewage disposal system which is proposed.
T.
The proposed use will be developed using effective stormwater management
techniques, and soil erosion and sedimentation control techniques.
2.
The report required under Subsection 1 shall include clear legible inventory maps and plans and site analysis maps and plans drawn to scale to indicate the location, extent, quality, significance and/or importance of the land and water resources and the facilities which are discussed within the report.
3.
The Board may impose such conditions as are necessary to insure any
or all of the above amenities as well as compliance with any other
relevant ordinances, regulations and codes.
4.
Special exceptions related to the Floodplain Conservation District shall also be evaluated in accordance with the provisions of § 27-2110. Conditional uses related to the Steep Slope Conservation District shall also be evaluated in accordance with the provisions of § 27-2207. Conditional uses related to: the open space option in the RA District; the open space requirements of Part 11; the open space option in the RB District; and the open space requirements of Part 10, shall also be evaluated in accordance with the provisions of § 27-2808.
5.
General Procedures.
A.
The Zoning Hearing Board shall be governed by the provisions of the
Pennsylvania Municipalities Planning Code, Act 247, as amended.
B.
In the case of an application for conditional use, the Planning Commission
shall perform a review and provide counsel to the Board of Supervisors
concerning the grant of approval or disapproval of the proposed use.
A written report shall be submitted to the Board of Supervisors by
the Planning Commission.
C.
The Board of Supervisors shall, in the case of an application for
conditional use, schedule a hearing for public review comment.
D.
The Planning Commission and Board of Supervisors shall be responsible
for providing notification to the applicant, no less than 20 days
prior to any hearing at which testimony will be heard, and/or action
taken upon approval or disapproval, in order that the applicant may
present their case at such hearing.
E.
Proof of proper notification shall be required as a precondition
before any formal action on the application.
F.
Notification of the action taken by the Board of Supervisors shall
be made in writing to the applicant. In the event of disapproval,
it shall be accompanied by a statement of the reasons therefor. In
the event of disapproval, the applicant may file a new application
and plans for conditional use or subdivision and/or land development
for the subject property.
G.
The grant of approval by the Board of Supervisors for a conditional use shall in no way release the applicant from his obligation to comply with the applicable provisions of this chapter, the Subdivision and Land Development Ordinance [Chapter 22], and any other applicable Township, state and federal regulations.
[Ord. 94, 6/8/1988, § 2113]
All notices, hearings and orders shall be made or shall occur in conformance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended; and in accordance with Part 30.
