Conditional uses may be permitted or denied by the Board of Supervisors after consideration of the recommendations by the Planning Commission in accordance with the following criteria and provisions.
Applications for conditional uses will be filed with the Zoning Officer and shall be accompanied by:
A. 
Fee. An application fee in an amount equal to that established annually by the Board of Supervisors.
B. 
Plans. Three copies of a site plan and supporting data may be required which shows the size, location and topography of the site, the use of adjacent land, the proposed size, bulk, use and location of buildings, the location, distance and proposed function of all yards, open spaces, parking areas, driveways, storage areas and accessory structures; the location of all utilities, the provisions for parking, moving or loading of vehicles and the timing of construction proposed.
A. 
The Zoning Officer shall forward a copy of the application and plan to the Board of Supervisors and to the Planning Commission for review and approval.
B. 
Time. The Planning Commission shall forward its recommendation within 45 days, unless the petitioner agrees, in writing, to a time extension or a public hearing is scheduled (see § 350-72). Failure to act within the allotted time shall be deemed to be a favorable recommendation.
C. 
Conditions. The Board of Supervisors may, in addition to those specifically provided in this chapter and those delineated by the Planning Commission, attach such reasonable conditions and safeguards as it determines is necessary to meet the intent of this chapter, to protect adjacent property, and to further the public interest. All development, construction and use shall be in accordance with the approved plan and all attached conditions, unless a revised plan is submitted and approved. Any development contrary to the approved plan shall constitute a violation of this chapter.
A conditional use shall be recommended for approval by the Planning Commission and approved by the Board of Supervisors only if it meets the following criteria:
A. 
Use. The proposed use conforms to the district and conditional use provisions and all general regulations of this chapter.
B. 
Special standards. The proposed use meets all special standards which may apply to its class of conditional uses as set forth in this article.
C. 
Performance standards. The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons, and shall comply with the performance standards of § 350-32 in this chapter.
D. 
Relationship. The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
E. 
Environment. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
F. 
Screening. A nonresidential use proposed in a residential district shall be adequately screened from residential areas as deemed appropriate by the Board of Supervisors and as recommended by the Planning Commission. When a commercial use abuts a residential use, any screen required by this section shall be at least six feet in height, and when an industrial use abuts a residential use, any screen required by this section shall be at least eight feet in height; the Board of Supervisors shall determine the composition of any required screen.
G. 
Parking. Adequate off-street parking shall be provided in accordance with this chapter. No off-street parking area for a nonresidential use shall be closer than 20 feet to any adjacent residential lot in a residential district.
H. 
Access. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. Access to off-street parking areas shall be limited to two well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley.
I. 
Objectives. The proposed use shall preserve the objectives of § 350-3 in this chapter.
Where the Planning Commission and/or the Board of Supervisors wish to seek specific citizen input on a proposed conditional use that may have significant social, economic or environmental impact on a neighborhood or the Township, they may jointly or separately conduct one or more public hearings on the matter, pursuant to public notice as defined herein.
A. 
It shall be the responsibility of an applicant for a conditional use to provide notice of the application to all landowners within 500 feet from the applicant's property line. Said notice shall be in the following form:
Notice of Conditional Use Permit Application
Date:
To:
Dear ____________________:
Please find enclosed a copy of an application to the North East Township Board of Supervisors for a conditional use permit on my property located at
This application seeks permission to:
Enclosed are all relevant plans in support of this permit.
Please be advised that I intend to appear for approval of this application before the North East Township Planning Commission and Board of Supervisors at their next regular meeting scheduled for ____________, 20___, at _______ o'clock. _____ M. at the North East Township Building, 10300 West Main Road, North East, Pennsylvania 16428.
Should you have any questions or objections concerning this application, you must appear at the above meeting to voice same.
Very truly yours,
Return receipt requested if delivered in person
Date
B. 
Said notice must be served either by Deputy, Constable, any competent person over 18, or by certified mail, return receipt requested.
C. 
Prior to presenting the application for approval by the Board of Supervisors, the applicant shall file with the Board of Supervisors an affidavit of service of the above-described notice, which affidavit shall be in the following form:
Affidavit of Service
TYPE OF PERMIT:
PERMIT APPLICANT, ADDRESS AND TELEPHONE NUMBER:
DATE OF PERMIT APPLICATION:
NAMES AND ADDRESSES OF ALL ADJOINING LANDOWNERS WITHIN 500 FEET OF YOUR PROPERTY LINE:
Name
Address
METHOD OF SERVICE (circle one):
1.
Deputized Sheriff or Constable (please attach copy of service return).
2.
Personal service by person over 18:
Name of person:
Address:
Telephone
Date of birth:
3.
Certified mail, return receipt requested (please attach copies of return receipts).
DATE OF SERVICE: ________________________
I, the undersigned, being duly sworn and under penalty of perjury, do hereby depose and say that the foregoing information is true and correct to the best of my knowledge; that service of notice of my intention to appear before the Planning Commission and Supervisors of North East Township at the regularly scheduled meeting held on the _____ day of ____________, 20_____, was made as above set forth.