This article establishes the formation, functions, and procedures
to be used by the various boards and agencies that are necessary to
implement this chapter in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.
A.
Creation and membership. The Board of Supervisors is elected by popular
vote in accordance with provisions established by the Commonwealth
of Pennsylvania.
B.
Organization. The Board consists of a Chairperson, a Vice Chairperson,
and a third member.
C.
Function. The Board of Supervisors shall administer the affairs of
the Township, including the responsibility for adopting, enacting
and enforcing the provisions of this chapter, as it may be amended.
A.
Creation and membership. The Newlin Township Planning Commission
shall be continued, which shall have five appointed members who shall
serve without compensation, but may be reimbursed for necessary and
reasonable expenses upon approval of the Board of Supervisors.
B.
Appointment. Members of the Planning Commission shall be appointed
by resolution of the Board of Supervisors. The term of each of the
members of the Planning Commission shall be for four years, or until
a successor is appointed and qualified.
C.
Vacancies, increases and reductions in membership. The Chairperson
of the Planning Commission shall promptly notify the Board of Supervisors
concerning vacancies, and such vacancies shall be filled for the unexpired
term. Should the Board of Supervisors determine to increase the number
of members of the existing Planing Commission, the additional members
shall be appointed as provided in this subsection. If the Board of
Supervisors shall determine to reduce the number of members of the
existing Planning Commission, such reduction shall be effectuated
by allowing the terms to expire and by making no new appointments
to fill the vacancy. Any reduction or increase in membership shall
be by ordinance.
D.
Residency required, removal of members. Members of the Planning Commission
shall be residents of the Township. At least three of the five members
of the Planning Commission shall be designated as citizen members
who shall not be officers or employees of the Township. Elected or
appointed officials of the Township shall not, by virtue of their
service on the Planning Commission, forfeit their right to exercise
the powers, perform the duties or receive the compensation for the
Township offices held by them during such membership. Any member of
the Planning Commission, once qualified and appointed, may be removed
from office for malfeasance, misfeasance, or nonfeasance in office
or for other just cause by a majority vote of the Board of Supervisors
taken after the member has received 15 days' advance notice of
the intent to take such a vote. A hearing shall be held in connection
with the vote if the member requests it in writing. Any appointments
to fill a vacancy created by a removal of a member shall be only for
the balance of the unexpired term.
E.
Organization. The Planning Commission shall elect its own Chairperson
and Vice Chairperson and create and fill such other offices as it
may determine. Officers shall serve annual terms and may succeed themselves.
F.
Rules, records and reports. The Planning Commission shall maintain
a full record of its business and shall annually make a written report
of its activities to the Board of Supervisors. Interim reports may
be made as often as necessary, or as requested by the Board of Supervisors.
G.
Funding. The Planning Commission may, with the consent of the Board
of Supervisors, accept and utilize any funds, personnel, or other
assistance made available by the Township, County, the Commonwealth,
or the Federal government or any of their agencies, or from private
sources.
H.
Required functions. The Planning Commission shall, at the request
of the Board of Supervisors, have the power and shall be required
to:
(1)
Prepare an amendment to the Newlin Township Comprehensive Plan,
and present it for the consideration of the Board of Supervisors.
(2)
Maintain and keep on file records of its actions. All records
and files of the Planning Commission shall be in the possession of
the Board of Supervisors.
(3)
The Planning Commission, at the request of the Board of Supervisors,
may:
(a)
Make recommendations to the Board of Supervisors concerning
the adoption or amendment of an Official Map.
(b)
Prepare and present to the Board of Supervisors amendments to
this chapter and make recommendations to the Board of Supervisors
on proposed amendments.
(c)
Prepare, recommend, and administer subdivision and land development
and planned residential development regulations.
(d)
Prepare and present to the Board of Supervisors a building code
and housing code and make recommendations concerning proposed amendments.
(e)
Prepare and present to the Board of Supervisors an environmental
study.
(f)
Prepare and present to the Board of Supervisors a water study,
which shall be consistent with the State Water Plan and any water
resources plan adopted by any applicable river basin commission.
(g)
Promote public interest in, and understanding of, comprehensive
planning.
(h)
Make recommendations to governmental, civic and private agencies,
and individuals as to the effectiveness of any such proposals presented
by any such persons.
(i)
Hold public hearings and meetings.
(j)
Present testimony before any board.
(k)
Require from other departments and agencies of the Township
such available information as it relates to the work of the Planning
Commission.
(l)
In performance of its official functions, enter upon any land
to make examinations and surveys with the consent of the owner.
(m)
Prepare and present to the Board of Supervisors a study regarding
the feasibility and practicality of using renewable energy sources.
(n)
Review this chapter, Chapter 185, Subdivision and Land Development, Official Map and other such ordinances and regulations governing the development of land no less frequently than its reviews of the Comprehensive Plan.
(o)
Conduct such other acts or make such studies as may be necessary
to fulfill the duties and obligations imposed by this chapter and
the Pennsylvania Municipalities Planning Code.
A.
Creation. A Zoning Hearing Board composed of three residents of the
Township is hereby created. Members shall hold no other office in
the Township.
B.
Appointment. The Zoning Hearing Board shall be appointed by resolution of the Board of Supervisors. Zoning Hearing Board members shall serve for five-year terms that shall be so fixed that the term of office of no more than one member shall expire each year. The Board of Supervisors may, at its discretion, appoint by resolution between one and three alternate members to the Zoning Hearing Board. Such alternate members shall have the right to participate in all hearings of the Zoning Hearing Board but shall be entitled to vote only as provided in Article IX of the Pennsylvania Municipalities Planning Code.
C.
Vacancies. Zoning Hearing Board shall promptly notify the Board of
Supervisors of any vacancies that shall occur, and appointments to
fill such vacancies shall be only for the unexpired portion of the
term.
D.
Residency required, removal of members. Members of the Zoning Hearing
Board shall be residents of the Township. Any member of the Zoning
Hearing Board may be removed for malfeasance, misfeasance, or nonfeasance
in office or for other just cause by a majority vote of the Board
of Supervisors taken after the member has received 15 days' advance
notice of the intent of the Board of Supervisors to take such a vote.
A hearing shall be held in connection with the vote if the member
shall request such hearing in writing.
E.
Organization. The Zoning Hearing Board shall elect from its membership
its officers, who shall serve annual terms as such and may succeed
themselves.
F.
Conduct of hearings. For the conduct of any hearing and the taking of any action, a quorum shall be not less than two members. If by reason of absence or disqualification of a member, a quorum is not reached, the Chairperson of the Zoning Hearing Board may designate alternate members to participate and vote upon designated applications in accordance with the regulations contained in Article IX of the Pennsylvania Municipalities Planning Code. Any alternate members of the Zoning Hearing Board shall continue to serve on the Board in all proceedings, including the matter or case for which the alternate was initially appointed, until the Zoning Hearing Board has made a final determination. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
G.
Hearing officer. The Board may also appoint a hearing officer from
its membership to conduct any hearing on its behalf, and the parties
may waive further action by the Zoning Hearing Board as provided in
§ 908 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
H.
Rules, forms and records. The Zoning Hearing Board may make, alter,
and rescind rules and forms for its procedure, consistent with the
ordinances of the Township and the laws of the commonwealth. The Zoning
Hearing Board shall keep full public records of its business, which
records shall be the property of the Township Board of Supervisors,
and shall submit a report of its activities to the Board of Supervisors
as requested by the Board of Supervisors.
I.
Expenditures for services. Within the limits of funds appropriated
by the Board of Supervisors, the Zoning Hearing Board may employ or
contract for secretaries, clerks, legal counsel, consultants and other
technical and clerical services. Members of the Zoning Hearing Board
may receive compensation for the performance of their duties, as may
be fixed by the Board of Supervisors. Alternate members of the Zoning
Hearing Board may receive compensation, as may be fixed by the Board
of Supervisors, for the performance of their duties when designated
as alternate members pursuant to § 906 of the Pennsylvania
Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10906.
The Zoning Hearing Board shall have the following functions
and duties:
A.
Hear substantive challenges to the validity of any land use ordinance. The Board shall hear and render final decisions concerning substantive challenges to the validity of any land use ordinance in accordance with Article IX of the Pennsylvania Municipalities Planning Code, which shall be raised by an appeal taken within 30 days after the effective date of said land use ordinance.
B.
Hear appeals from a determination of the Zoning Officer. The Zoning
Hearing Board shall hear and render final decisions concerning appeals
from a determination of the Zoning Officer, including, but not limited
to, the granting or denial of any permit, or the failure to act on
the application therefor, the issuance of any notice of violation
or cease and desist order or the registration or refusal to register
any nonconforming use, structure or lot.
C.
Appeals from determinations related to floodplain regulations. When
specifically authorized under the floodplain regulations of the Township
Code, the Zoning Hearing Board shall hear appeals from any determinations
or decisions rendered related to such floodplain regulations.
[Amended 7-10-2017 by Ord. No. 2017-03]
D.
Grant appeals regarding stormwater, erosion control, and similar regulations. The Zoning Hearing Board shall hear appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relates to development not involving Article V or VII applications of the Municipalities Planning Code.
E.
Grant special exceptions. The Board shall hear and decide requests
for special exceptions in accordance with stated standards and criteria
as provided for in this chapter.
(1)
Expiration of special exception approvals. Unless otherwise
specified by the Board or by law, a special exception shall expire
if the applicant fails to obtain a zoning permit within six months
from the date of authorization thereof by the Board or by the court
if such special exception has been granted after an appeal, or fails
to complete any erection, construction, reconstruction, alteration
or change in use authorized by the special exception approval within
one year from the date of authorization thereof by the Board, or by
the court if such special exception has been granted after an appeal.
(2)
Extensions of special exception approvals. For good cause, the
Board may, upon application in writing stating the reasons therefor,
extend either the six-month or twelve-month period. Should the appellant
or application fail to obtain the necessary permits with said six-month
period, or having obtained the permit should he fail to commence work
thereunder within such six-month period, it shall be conclusively
presumed that the appellant or applicant has waived, withdrawn or
abandoned his appeal or his application, and all provisions, variances
and permits granted to him shall be deemed automatically rescinded
by the Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Grant variances. The Board shall hear appeals for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship or practical difficulty in complying with the literal terms
of this chapter. An application for a variance 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 such proposed variance.
(3)
A brief description and location of the real estate to be affected
by such proposed change.
(4)
A statement of the section of this chapter under which the variance
or exception requested may be allowed, and reasons why it should be
granted.
(5)
A statement of the section of this chapter under which the variance
may be allowed and reasons why it should be granted.
G.
Variance findings required. The Board may grant a variance, provided
the following findings are made where relevant in a given case. (The
burden of proof shall rest with the applicant. The Board may require
the applicant to provide a copy of any recorded subdivision plan and
deed to the property.)
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness or shallowness of lot size, or
shape, or exceptional topographic or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions generally created by the provisions of this chapter
in the neighborhood of or district in which the property is located.
(2)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(5)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
H.
Conditions imposed on variances. In granting any variance, the Board
may attach such reasonable conditions and safeguards, as it may deem
necessary to implement the purposes of this chapter. The Board shall
require that adequate on- or off-site water and sewage disposal facilities
are available for the use intended.
I.
Expiration of variances. Unless otherwise specified by the Board
or by law, a variance shall expire if the applicant fails to obtain
a zoning permit within six months from the date of authorization thereof
by the Board or by the court if such variance has been granted after
an appeal, or fails to complete any erection, construction, reconstruction,
alteration or change in use authorized by the variance approval within
one year from the date of authorization thereof by the Board, or by
the court if such variance has been granted after an appeal. The Board,
upon written application and for reasonable cause shown, may extend
the approval for an additional period of up to one year.
J.
Other matters. The Zoning Hearing Board shall hear and render final decisions in any other matter for which the Zoning Hearing Board shall have been granted jurisdiction by Article IX of the Pennsylvania Municipalities Planning Code or this chapter.
K.
Limits on filing appeals. No person shall be allowed to file any
proceeding with the Board later than 30 days after any application
for development, preliminary or final, has been approved by an appropriate
Township officer, agency or body if such proceeding is designed to
secure reversal or to limit the approval in any manner unless such
person alleges and proves that he had no notice, knowledge or reason
to believe that such approval had been given. If such person has succeeded
to his interest after such approval, he shall be bound by the knowledge
of his predecessor in interest.
L.
Effect of appeals pending before the Zoning Hearing Board. An appeal
to the Zoning Hearing Board shall stay all proceedings in the furtherance
of the appealed action, unless the Zoning Officer certifies to the
Zoning Hearing Board that by reason of facts stated in the appeal
a stay would cause imminent peril to life and property. In such a
case, proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Zoning Hearing Board or by a court
of competent jurisdiction.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Hearing place and date. The Zoning Hearing Board shall fix a reasonable
time (not more than 60 days from the filing of a complete application
with the Township) and place for the public hearing and shall give
notice thereof stating the time and place of the hearing and the particular
nature of the matter to be considered, as follows:
(1)
By publishing notice thereof once each week for two successive
weeks in a newspaper of general circulation in the Township. The first
publication shall be not more than 30 days and the second publication
shall be not less than seven days from the date of the hearing.
(2)
By mailing a notice thereof to the applicant.
(3)
By mailing a notice thereof to the Zoning Officer, the Township
Secretary, and to every person or organization who shall have registered
with the Zoning Hearing Board for the purposes of receiving such notices.
(4)
By posting notice conspicuously on the affected tract of land
at least one week prior to the hearing.
B.
Hearing within 60 days. The hearing shall be held within 60 days
or as required by the Pennsylvania Municipalities Planning Code.
C.
Conduct of hearing. The hearing shall be conducted by the Zoning
Hearing Board or the Board may appoint any member as a hearing officer.
The decision or, where no decision is called for, the findings shall
be made by the Zoning Hearing Board, but the parties may waive decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
D.
Parties to the hearing. The parties to the hearing shall be the applicant,
the Township, any person affected by the application who has made
timely appearance of record before the Zoning Hearing Board, and any
other person, including civic or community organizations, permitted
to appear by the Board. The Zoning Hearing Board shall have power
to require that all persons who wish to be considered as parties to
enter appearances in writing on forms provided by the Board for that
purpose.
E.
Powers of the Chairman. The Chairperson or Acting Chairperson of
the Zoning Hearing Board or the presiding hearing officer shall have
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and submission of documents requested by the parties.
F.
Representation by counsel. The parties shall have the right to be
represented by counsel and shall be afforded the opportunity to respond
and present evidence and argument and cross-examine adverse witnesses
on all relevant issues.
G.
Rules of evidence. Formal rules of evidence shall not apply, but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
H.
Stenographic records. The Board or the hearing officer, as the case
may be, shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Board. The cost of the original transcript shall be paid by the
Board if the transcript is ordered by the Board or hearing officer,
or shall be paid by the person appealing from the decision of the
Board if such appeal is made. In either event the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases, the party requesting the original transcript shall
bear the cost thereof.
I.
Communication with other parties. The Zoning Hearing Board or hearing
officer shall not communicate, directly or indirectly, with any party
or his representatives in connection with any issue involved except
upon notice and opportunity for all parties to participate, shall
not take notice of any communication, reports, staff memoranda, or
other materials, except advice from its solicitor, unless the parties
are afforded an opportunity to contest the materials so noticed and
shall not inspect the site or its surroundings after the commencement
of hearings with any party of his representative unless all parties
are given an opportunity to be present.
J.
Decision within 45 days. Zoning Hearing Board or hearing officer,
as the case may be, shall render a written decision or, when no decision
is called for, make written findings on the application within 45
days after the last hearing before the Board or hearing officer. Where
the application is contested or denied, each decision shall be accompanied
by findings of fact and conclusions based thereon together with the
reasons therefor. Conclusions based on any provision of this chapter
or of any act, rule or regulation shall contain a reference to the
provision relied upon and the reasons why the conclusion is deemed
appropriate in light of the facts found. If the hearing is conducted
by a hearing officer, and there has been no stipulation that his decision
or findings are final, the Board shall make his report and recommendations
available to the parties within 45 days and the parties shall be entitled
to make written representations thereon to the Board prior to final
decision or entry of findings, and the Board's decision shall
be entered no later than 30 days after the report of the hearing officer.
Where the Board fails to render the decision within the period required
by this subsection, or fails to hold the required hearing within 60
days from the date of the applicant's request for a hearing,
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 to meet or to
render a decision as hereinabove provided, the Zoning Hearing Board
shall give public notice of said decision within 10 days from the
last day it could have met to render a decision in the same manner
provided above. If the Board shall fail to provide such notice, the
applicant may do so. Nothing in this subsection shall prejudice the
right of any party opposing the application to appeal the decision
to a court of competent jurisdiction.
K.
Final decision. 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 not later than the day following its date.
To all other persons who have filed their name and address with the
Zoning Hearing Board not later than the last day of the hearing, the
Board shall provide by mail or otherwise brief notice of the decision
or findings and a statement of the place at which the full decision
or findings may be examined.
A.
Time limits for appeals to enforcement notices or notices of violation
or denials. Appeals from the denial of an application by the Zoning
Officer or from the issuance of a notice of violation and/or cease
and desist order shall be made within 30 days of the denial of said
permit or issuance of said violation and/or cease and desist order.
B.
No appeal after 30 days. No person shall be allowed to file any proceeding
with the Zoning Hearing Board later than 30 days after any application
for development, preliminary or final, has been approved by the Board
of Supervisors or later than 30 days after a permit has been issued
by the Zoning Officer if such proceeding is designed to secure reversal
or limit the approval or the permit in any manner, unless such person
alleges and proves that he had no notice, knowledge or reason to believe
that such approval has been given. If such person has succeeded to
his interest after such approval, he shall be bound by the knowledge
of his predecessor in interest.
C.
Filing fee. No appeal shall be considered filed with the Board unless
any applicable filing fee has been paid.
Any party aggrieved by any decision of the Board may appeal
to the Court of Common Pleas of Chester County or other court of competent
jurisdiction in the manner provided by the laws of the Commonwealth
of Pennsylvania and the Pennsylvania Municipalities Planning Code.
A.
The Zoning Officer. The provisions of this chapter shall be administered
and enforced by a Zoning Officer, to be appointed by the Board of
Supervisors and serve for a term of one year, who shall not hold any
elected office in the Township. The Zoning Officer shall meet the
qualifications as may be established by the Township and shall demonstrate,
to the satisfaction of the Township, a working knowledge of municipal
zoning.
B.
Deputy Zoning Officer. The Zoning Officer may be provided with assistance
of such persons as the Board of Supervisors may direct. If designated
by the Board of Supervisors, the Deputy Zoning Officer shall exercise
all the powers of the Zoning Officer during the temporary absence
or disability of the Zoning Officer.
C.
Duties of the Zoning Officer. The duties of the Zoning Officer shall
include, but not be limited to, the following:
(1)
Process applications and permits. The Zoning Officer shall receive,
examine and process all applications for zoning permits and/or certificates
of use and occupancy for the erection, construction, alteration, repair,
extension, replacement, relocation, conversion, use, change of use,
and/or occupancy of land, buildings, structures, signs and/or landscaping
in the Township. The Zoning Officer shall record and file all applications
for permits and accompanying plans and comments and keep them for
public record.
(2)
Inspections. The Zoning Officer may and, if requested by the
Board of Supervisors or the permit holder, shall make at least one
inspection during the progress of the work for which a zoning permit
has been issued. Thereafter, he may at his discretion make such inspections
during the conduct of work for which a permit has been issued. Upon
completion of the work and before issuance of a certificate of use
and occupancy, he shall make a final inspection of the property to
assure compliance with all provisions of this chapter and all other
applicable Township and county ordinances and applicable statutes
and regulations.
(3)
Inspect nonconforming uses, buildings and lots. Upon request
by the Supervisors, the Zoning Officer shall inspect nonconforming
uses, buildings and lots, attend to the registration of existing nonconforming
uses, buildings and lots, and keep a record of such nonconforming
uses, buildings and lots as a public record.
(4)
Maintain official records. It shall be the duty of the Zoning
Officer to maintain and be responsible for all pertinent records on
zoning matters in the Township. These records shall include, but not
be limited to, all applications received, copies of all permits and
certificates issued, copies of orders and findings of the Zoning Hearing
Board, written complaints of alleged violations, records of all inspections
made, a copy of the current Zoning Map, and all other pertinent information.
The records of the Zoning Officer shall be available for use and inspection
by any interested party during normal office hours. Upon request by
the Supervisors, the Zoning Officer shall submit to the Board of Supervisors
a written report of all zoning permits and certificates of use and
occupancy issued and all notices of violations and stop-work orders
issued or recommended as requested by the Board of Supervisors.
(5)
Present evidence and testimony. Upon the request of the Board
of Supervisors or the Zoning Hearing Board, the Zoning Officer shall
present to such bodies facts, records and any similar information
on specific requests to assist such bodies in reaching their decisions.
(6)
Investigate complaints regarding violations. The Zoning Officer
may and, when in receipt of a signed written complaint stating fully
the cause and basis thereof, shall investigate alleged violations
of this chapter. If a signed written complaint is received, said investigation
shall be completed within 15 days of receipt of said complaint. A
written report of all investigations shall be prepared and properly
filed and a copy shall be sent to the Board of Supervisors. If after
investigation the Zoning Officer determines that a violation has occurred,
he shall take action as provided in this chapter.
(7)
Enforce the Zoning Ordinance. The Zoning Officer shall have
all of the duties and powers conferred upon him by this chapter and
the Municipalities Planning Code. The Zoning Officer shall administer
this chapter in accordance with its literal terms and shall not have
the power to permit any construction or use which does not conform
to this chapter and all other applicable Township and county ordinances
and applicable statutes and regulations.
A.
Applications. Applications for special exceptions and conditional
uses shall be submitted on forms provided by the Township.
B.
Plans. A plan to scale for the proposed development shall be submitted.
The plan shall show all pertinent information necessary to determine
if the proposal complies with the provisions of this chapter. The
following information shall be provided for both applications for
special exceptions and conditional uses:
(1)
Location of all buildings;
(2)
Parking areas and capacity data, traffic access and circulation,
railroad and other easements and rights-of-way;
(3)
Open spaces, yard areas, fences, buffer areas, landscaping,
sidewalks, curbs;
(4)
Ground floor plans and elevations of proposed structures;
(5)
Names and addresses of adjoining property owners and an indication
of the land uses of adjacent lots;
(6)
Written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter;
(7)
All floodplains, watercourses, wetlands, culverts, bridges and
other similar features;
(8)
Proposed grading plans, including cross sections;
(9)
Signs and lighting facilities, including extent of lighted areas;
(10)
Size and intensity of use data, including the number of dwellings,
floor area of nonresidential structures, acreage;
(11)
Zoning district and bulk and lot data;
(12)
Site topography at adequate scale;
(13)
All easements and rights-of-way.
C.
Referral to the Planning Commission. The plan shall be referred to
the Planning Commission for review, which may direct a member to appear
before the Zoning Hearing Board or Board of Supervisors to present
a recommendation.
D.
Review criteria. The applicant shall have the burden of proof to
demonstrate compliance with the following:
(1)
The proposed use shall be consistent with the purpose and intent
of this chapter and shall not be detrimental to the health, safety
or welfare of the neighborhood.
(2)
The proposed use shall not injure or detract from the use or
enjoyment or character of adjoining or nearby properties or cause
land deterioration or potentially decrease the value of surrounding
properties.
(3)
The proposed use shall not substantially change the character
of the property's neighborhood and shall meet the requirements
of its district.
(4)
Adequate necessary public utilities are available to serve the
proposed use, such as schools, fire, police and ambulance protection,
potable water, etc.
(5)
For development within identified floodplain areas subject to the floodplain regulations in Chapter 78, Floodplain Management, of this Code that the application complies with the applicable regulations as set forth in the floodplain regulations, and that the development needs to be located within the identified floodplain area.
[Amended 7-10-2017 by Ord. No. 2017-03]
(6)
The proposed development is consistent with the Newlin Township
Comprehensive Plan and the 1994 Newlin Township Open Space, Recreation
and Environmental Resources Plan.
(7)
All other applicable provisions of this chapter and other applicable
state and federal regulations are met.
(8)
Screening and landscaping requirements of this chapter are met.
(9)
The proposal will not be objectionable to nearby properties
due to noise, odor, vibration, smoke, truck traffic, pollution of
groundwater, air or other environmental resources, or due to any other
potential nuisance or safety hazard.
(10)
Traffic congestion shall not be increased.
E.
Conditions. The Zoning Hearing Board (when approving special exceptions), and the Board of Supervisors (when approving conditional uses) may attach such reasonable conditions and safeguards, in addition to those expressed in Articles VII and VIII of this chapter, as they may deem necessary to implement the purposes of this chapter. Such conditions shall be enforceable by the Township and shall be considered to be as regulations imposed by this chapter.
F.
Use of experts. In hearing and deciding upon applications for either
special exception or conditional use, the Zoning Hearing Board or
the Board of Supervisors may call upon any experts or authorities
it may deem necessary to assist it in arriving at a fair and impartial
determination.
G.
Fees. Fees for hearing and deciding upon applications may be assessed
in accordance with a fee schedule adopted by the Board of Supervisors.
