[Added 7-2-2007 by Ord. No. 7-2007]
A.
The Borough Council of Vandergrift Borough shall conduct a public hearing on requests for conditional uses as provided in Section 908 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10908). The Council of Vandergrift Borough shall render a decision, including written findings, within 45 days of the last public hearing when the testimony has been closed by the applicant and any opposing parties or the Borough resting its case. However, the Council of the Borough of Vandergrift shall not act upon for approval a conditional use application unless and until:
(1)
A written application for conditional use approval is submitted to the Borough Zoning Officer not less than 20 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section or sections of this chapter of the Code of Vandergrift Borough under which the conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:
(a)
A land development plan, as defined in this chapter;
(b)
A written statement evidencing compliance with the applicable express standards and criteria of this chapter for the proposed use;
(c)
A map, to scale, showing and identifying all lots within 500 feet of the property for which the conditional use approval is requested and a list of the names and addresses of the owners of these lots from the most recent tax records of the Westmoreland County Tax Assessment Office;
(d)
A traffic study as required by this chapter;
(e)
An application fee as required by this chapter; and
(f)
A plan, to scale, identifying with specificity the structure to be utilized, its internal rooms and the proposed function of each room as well as identifying, with specificity, an emergency or fire escape plan, in accord with any applicable laws of the Commonwealth of Pennsylvania.
(2)
A written recommendation is received from the Planning Commission or a minimum of 30 days has passed from the date of the Planning Commission meeting at which the application is first considered for approval.
(3)
At least one public hearing is held by the Borough Council pursuant to appropriate public notice.
(4)
In considering an application for conditional use approval, the Borough Council may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this chapter. A violation of such conditions and safeguards, when made part of the terms and conditions under which the conditional use approval is granted, shall be deemed a violation of this chapter.
B.
Expiration of conditional use approval. Conditional use approval shall expire automatically without written notification from the Borough Zoning Officer, if no application for an excavation permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within six months of said approval, unless the Borough Council of Vandergrift Borough, in its sole discretion, extends its conditional use approval upon written request of the applicant, which said request must be received and capable of being acted upon by the Council of Vandergrift Borough prior to the six-month time expiration. The maximum extension permitted shall be six months' extension.
C.
Traffic study. The Council of Vandergrift Borough and/or the Planning Commission may mandate that a traffic study be performed where an application proposes:
(1)
A drug and alcohol treatment facility; a methadone treatment facility; an apartment or cluster home development.
(2)
For any and all applications which propose a ten-percent or greater increase in the square footage of an existing gross floor area in any C-1 or C-3 or I District structure.
(3)
Where a traffic study is required, it shall be prepared by a qualified traffic engineer detailing the nature and extent of trip generation expected to result from the proposed development or expansion, based upon the rates and methodology contained in the current edition of the Manual of the Institute of Transportation Engineers. The report shall include current and projected capacities and levels of all streets and intersections within 1,000 feet of the site proposed for development and recommendations for improvements to streets and/or traffic control devices within the site or immediately adjacent to the site.
D.
Methadone treatment facility.
(1)
A methadone treatment facility (as defined in § 500-6) may be operated in the I District, subject to a conditional use approval; however, within said I District a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(2)
The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established by the proposed methadone treatment facility.
(3)
Notwithstanding the requirements of this subsection, a methadone treatment facility may be established and operated closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the governing body for Vandergrift Borough in which the proposed methadone treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such location. At least 14 days prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice in a newspaper of general circulation on at least one occasion not less than two days prior to the scheduled public hearing and not more than 14 days prior to the public hearing. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing at least 10 days prior to said public hearing occurring.
(4)
A traffic study, as that term is defined in § 500-6 of this chapter shall be required for review of the application of the applicant requesting the placement of a methadone treatment facility in Vandergrift Borough.
(5)
Hours of operation. The hours of operation for a methadone treatment facility shall be limited to 10:00 a.m. to 6:00 p.m., Monday through Friday, prevailing time.
(6)
Revocation of occupancy permits. The Zoning Officer shall revoke an occupancy permit if he or she determines that a permittee or an employee of the permittee has:
(a)
Been convicted of any law of the Commonwealth of Pennsylvania relating to the possession of or sale of any drug, drug device or paraphernalia, as those terms are defined by the Commonwealth of Pennsylvania pursuant to the Crimes Codes of the Commonwealth of Pennsylvania, as currently enacted or any amendments thereto;
(b)
Such revocation shall be rescinded and the permit shall be reinstated in the event that the permittee or employee is removed from any position within the methadone treatment facility;
(c)
A permit shall be revoked if a cause for suspension occurs and if a permit has been suspended or revoked within the proceeding 12 months;
(d)
A permit shall be revoked it is determined that the applicant or any employee thereof has provided false or misleading information, or incomplete information in the permitting process as identified in this chapter;
(e)
A revocation of a permit shall continue for a period of one year, and the permittee shall not be permitted to operate or be employed in a methadone treatment facility in Vandergrift Borough;
(f)
In addition to the remedies for violation of this chapter, a person who operates or causes to operate a methadone treatment facility without a valid permit or in violation of this chapter may be subject to an action in equity, a suit for injunction or any other action or actions as permitted by law, at the discretion of the Borough.
E.
Drug and alcohol treatment facility.
(1)
A drug and alcohol treatment facility (as defined in § 500-6) may be operated in the I District, subject to a conditional use approval; however, within said I District a drug and alcohol treatment facility shall not be established or operated within 1,000 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed drug and alcohol treatment facility.
(2)
The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a drug and alcohol treatment facility for a location that is within 1,000 of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established by the proposed drug and alcohol treatment facility.
(3)
Notwithstanding the requirements of this subsection, a drug and alcohol treatment facility may be established and operated closer than 1,000 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed drug and alcohol treatment facility if, by majority vote, the governing body for Vandergrift Borough in which the proposed drug and alcohol treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such location. At least 14 days prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a drug and alcohol treatment facility at a location that is closer than 1,000 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed drug and alcohol treatment facility, one or more public hearings regarding the proposed drug and alcohol treatment facility location shall be held within the municipality following public notice in a newspaper of general circulation on at least one occasion not less than two days prior to the scheduled public hearing and not more than 14 days prior to the public hearing. All owners of real property located within 1,000 feet of the proposed location shall be provided written notice of said public hearing at least 10 days prior to said public hearing occurring.
(4)
A traffic study, as that term is defined in § 500-6 of this chapter, shall be required for review of the application of the applicant requesting the placement of a drug and alcohol treatment facility in Vandergrift Borough.
(5)
Hours of operation. The hours of operation for a drug and alcohol treatment facility shall be limited to 10:00 a.m. to 6:00 p.m., Monday through Friday, prevailing time.
(6)
Revocation of occupancy permits. The Zoning Officer shall revoke an occupancy permit if he or she determines that a permittee or an employee of the permittee has:
(a)
Been convicted of any law of the Commonwealth of Pennsylvania relating to the possession of or sale of any drug, drug device or paraphernalia, as those terms are defined by the Commonwealth of Pennsylvania pursuant to the Crimes Codes of the Commonwealth of Pennsylvania, as currently enacted or any amendments thereto;
(b)
Such revocation shall be rescinded and the permit shall be reinstated in the event that the permittee or employee is removed from any position within the drug and alcohol treatment facility;
(c)
A permit shall be revoked if a cause for suspension occurs and if a permit has been suspended or revoked within the proceeding 12 months;
(d)
A permit shall be revoked it is determined that the applicant or any employee thereof has provided false or misleading information or incomplete information in the permitting process as identified in this chapter;
(e)
A revocation of a permit shall continue for a period of one year, and the permittee shall not be permitted to operate or be employed in a drug and alcohol treatment facility in Vandergrift Borough;
(f)
In addition to the remedies for violation of this chapter, a person who operates or causes to operate a drug and alcohol treatment facility without a valid permit or in violation of this chapter may be subject to an action in equity, a suit for injunction or any other action or actions as permitted by law, at the discretion of the Borough.
(7)
The provisions of this section do not apply to faith-based, nonprofit or similar counseling-only type services that do not involve the prescription of, distribution of, or application of any drug or drugs, medication of any type, or any material or materials other than materials related to counseling in the form of reading materials to any person or persons seeking to utilize the counseling service.