Borough of Trainer, PA Conditional Uses

In evaluating an application to Borough Council for a conditional use, the Board shall require the applicant to provide reports, maps, plans and other papers to insure that the proposal:

(1)

Will be consistent with the community development objectives articulated in this chapter (pursuant to Section 606 of the MPC).

(2)

Will be consistent with the statement of purpose articulated for the district in which the use is proposed.

(3)

Will be consistent with the Trainer Borough Comprehensive Plan, in particular, the plans for land use, community facilities and utilities.

(4)

Will conform to all requirements of and all other applicable regulations and ordinances of the Borough.

(5)

Will not adversely affect the health, safety, and general welfare of the surrounding area and the Borough.

(6)

Will promote the harmonious and orderly development of the zoning district involved.

(7)

Will be compatible with the character and type of development existing in the area which surrounds the site in terms of the size, scale, height and bulk of the proposed uses and the size, shape and placement of buildings and other structures.

(8)

Will not detract from or cause harm to neighboring properties by creating a negative impact on the aesthetic character of the community.

(9)

Will be compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use.

(10)

Will reflect effective site planning and design in terms of energy efficiency, environmental protection, and aesthetic composition.

(11)

Will be reflective of sound engineering and land development design and construction principles, practices and techniques.

(12)

Will be consistent with the logical, efficient and cost-effective extension of public services and utilities and will not adversely affect the public services and utilities of surrounding properties of the Borough as a whole in terms of public water, sewers, police and fire protection, and schools.

(13)

Will include proposals for the effective disposal of solid waste.

(14)

Will provide safe and efficient access to roads and will not create traffic congestion, hazardous traffic conditions, or excessive traffic volumes.

(15)

Will be developed so as to limit the number of access points along a major public street, and to develop frontage of buildings on access roads which are parallel or perpendicular to a major public street.

(16)

Will provide any improvements needed to guarantee compatibility with adjoining roads.

(17)

Will provide continuity of existing circulation systems, including roads, sidewalks, trails and other walkways.

(18)

Will provide adequate off-street parking and loading which will be minimally visible from adjoining public streets.

(19)

Will utilize effective stormwater management techniques and soil erosion and sedimentation control techniques which are in character with and complementary to the proposed site grading and landscaping.

(20)

Will provide for adequate environmental controls and performance standards to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions, water emissions, and outdoor storage.

(21)

Will preserve woodlands and other trees existing at the site to the maximum extent possible.

(22)

Will not be disruptive to existing topography, surface water resources and groundwater resources.

(23)

Will include proposals for effective mitigation of potential adverse environmental impacts through a satisfactory environmental impact assessment report.

(24)

Will provide landscaping to buffer and screen the use from surrounding properties, to complement buildings and other structures on the site, and to enhance the overall character of the development.

(25)

Will include proposed 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 where the use of trees, shrubs and ground cover would be functional and appropriate.

(26)

Will provide fencing, walls, berming, terraces, walkways, and other site improvement features to complement the proposed landscaping.

(27)

Will provide effective, subdued lighting using light posts and fixtures complementary to the proposed architecture and the character of the surrounding neighborhood.

(28)

Will provide adequate signage which shall be crafted to be attractive and of the highest graphic quality in keeping with the character of surrounding properties.

Borough Council may attach such conditions and safeguards, in addition to those already required by this chapter, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter, and to protect the public welfare, which conditions and safeguards may relate to, but are not limited to, the design of buildings, roads and parking areas, landscaping and its maintenance as a sight or sound screen, lighting, noise, safety, and the prevention of noxious, offensive or hazardous conditions.

General procedures.

(1)

Borough Council shall, in the case of an application for conditional use, schedule a hearing for public review and comment. Such hearing shall commence during the ninety-day review period unless mutually agreed otherwise with the applicant. Within 90 days, Borough Council, at a regularly scheduled meeting or special meeting, shall take action to either approve or disapprove the use.

(2)

Borough Council shall be responsible for providing notification to the applicant, no less than 20 days' prior to the occurrence of any hearing at which testimony will be heard and/or action taken upon approval or disapproval, in order that he/she may present his/her case at such hearing. The Borough shall notify, no less than 10 days' prior to such hearing, all abutting property owners and owners of property within 250 feet of the property in question.

(3)

Proof of proper notification shall be required as a precondition before any formal action is taken on the application.

(4)

Notification of the action taken by Borough Council 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 for conditional use or subdivision and/or land development for another use of the subject property.

(5)

In the event of approval, should the applicant fail to obtain the necessary Borough approvals and permits within 12 months of notification, or, having obtained the necessary approvals and permits, fails to commence work thereunder within six additional months, it shall be conclusively presumed that the applicant has waived, withdrawn, or abandoned his/her application, and all provisions, conditional use(s) and permits granted to him/her shall be deemed automatically rescinded by Borough Council.

(6)

The grant of approval by Borough Council for a conditional use shall in no way release the applicant from his/her obligation to comply with the applicable provisions of this chapter and any other applicable Borough, state and federal regulations.