[Added 11-20-2003 by Ord. No. 501]
A.
General. The Board of Supervisors may allow or deny
conditional uses pursuant to public notice and hearing and pursuant
to express standards and criteria set forth in this article. In allowing
conditional uses, the Board of Supervisors may attach such reasonable
conditions and safeguards, in addition to those expressed in the Ordinance,
as they may deem necessary to implement the purpose of this article.
B.
Application. This article sets forth the conditions
and procedures which must be met before a conditional use can receive
approval by the Board of Supervisors. Applicants for conditional uses
shall submit a conditional use permit application to the Zoning Officer
for review and submission to the Board of Supervisors.
C.
Pending application. When an application for a conditional
use has been filed with the Board of Supervisors, and the subject
matter of such application would ultimately constitute either a subdivision
or land development as defined by this article, no change or amendment
to the zoning, subdivision and land development or other governing
ordinance or plans shall affect the decision on such application adversely
to the applicant, and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed. Provided
further, should such an application be approved by the Board of Supervisors,
the applicant shall be entitled to proceed with the submission of
either land development or subdivision plans within a period of six
months or longer as may be approved by the Board of Supervisors following
the date of such approval in accordance with the provisions of the
governing ordinances or plans as they stood at the time the application
was duly filed before the Board of Supervisors. If either a subdivision
or land development plan is so filed within said period, such plan
shall be subject to the provisions of the Municipalities Planning
Code, as amended.
D.
Site plan requirements. All applicants for a conditional
use shall submit 15 sets of site plans and all required additional
information, to include the following, to the Township Zoning Officer
when making application for a conditional use permit:
(1)
A written statement, including a letter of intent
specifying the intended use and operation of the building or land.
At a minimum, this statement shall include the following elements:
(a)
That the proposed use complies with the declaration
of legislative intent of this article and for the district in which
the use is proposed.
(b)
That the proposed use or activity is compatible
in type, character and intensity with surrounding land uses and the
neighborhood in which it is planned.
(c)
That essential public services are available
and of adequate capacity to service the intended use or activity.
This services evaluation shall include water, sewage disposal, utilities,
police and fire protection, schools (if applicable), park and recreation
and transportation. The transportation element shall indicate the
existing and projected peak traffic demands and the capacity of the
road network to accommodate said demands. This element shall also
indicate methods to accommodate any increase in service demands necessitated
by the proposed use or activity. All required services improvements
necessitated by the proposed use or activity shall be borne exclusively
by the applicant at no cost to the Township, unless otherwise determined
appropriate by the Board of Supervisors.
(d)
That the proposed use or activity complies with
the land use and design standards of this article, including but not
necessarily limited to internal circulation, parking, lighting and
landscaping.
(2)
A plot plan drawn to a scale of not less than one
inch equals 50 feet showing the location, dimensions and height of
all existing and proposed buildings, structures and uses, including
their relationship to all property and street lines. If the application
relates to property which is 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.
(3)
The location, dimensions and arrangements of all open
space, yards and buffer yards, including methods and materials 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, type and methods of illumination
for signs, if applicable.
(6)
The location and dimensions of all sidewalks and other
areas to be devoted to public or pedestrian use.
(7)
Provisions to be made for the treatment and disposal
of sewage, water supply and stormwater management.
(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.
(9)
A description of any proposed industrial or commercial
operations in sufficient detail to indicate the effects of those operations
in producing noise, glare, air pollution, water pollution, fire hazards,
traffic congestion and other safety or nuisance type affects, including
safeguards and methods to control and/or mitigate same.
(10)
The bounds of all easements, either existing
or proposed, either on or directly affecting the subject property.
(11)
A site analysis map indicating all of the natural
features located on the site including but not necessarily limited
to slopes, soils, woodlands, wetlands, floodplains and waterways.
(12)
Any other data and information deemed necessary
by the Zoning Officer to enable him to determine the compliance of
the proposed conditional use with the terms of this article.
E.
Procedure for conditional use review and action.
(1)
Submission. The Zoning Officer, upon receipt of a
conditional use application, providing said application is in complete
compliance with the submission requirements of this article, shall
submit the requisite number of copies of the application and supportive
documentation to the Township Board of Supervisors.
(2)
Board of Supervisors review and action. The Board
of Supervisors shall hold at least one public hearing after public
notice to determine the compliance of the conditional use application
with the requirements of this article. The Board of Supervisors shall
approve any proposed conditional use, provided that they find adequate
evidence that the proposed use will meet all of the following general
requirements as well as any specific requirements, standards and criteria
which may be listed for the use or district and all other applicable
provisions of this article and all other applicable ordinances and
regulations. In evaluating conditional use applications, the following
standards shall apply:
(a)
The Board shall require that the proposed land
use be made compatible with the surrounding existing land uses. Conditions
controlling planting of shade trees, evergreen buffers and planted
berms may be imposed to create a buffer beyond the normal requirements
of this article if deemed necessary by the Board.
(b)
The Board shall make favorable findings regarding
all of the following prior to approving a conditional use application:
[1]
That the propose use is appropriate to the tract
in question and will not adversely effect the character of the surrounding
land uses and general neighborhood.
[2]
That the proposed use provides for adequate
access to public roads without creating hazardous conditions at intersections
or areas of poor road alignment and without creating undue congestion.
All applications shall be accompanied by a traffic impact analysis
which meets the requirements of the Township's Subdivision and Land
Development Ordinance, as last amended.
[3]
That the proposed use conforms to all applicable
requirements of this article.
[4]
That the proposed use's water supply and sanitation
systems are adequate and able to prevent disease, contamination and
unsanitary conditions. Where applicable, a certificate of adequacy
of sewage and water facilities shall be provided.
[5]
That the proposed use will result in an appropriate
use of land, the conservation of the value of buildings, safety from
fire, panic and other dangers, adequacy of light and air, the prevention
of overcrowding of land and congestion of population and the adequacy
of public and community services.
(c)
Upon review and findings, the Board of Supervisors
shall approve or disapprove the conditional use application by formal
resolution of the quorum of the Board. In the event of disapproval,
the resolution shall indicate the provisions of noncompliance by section
and subsection of the applicable standard, criteria or regulation.
In the event of approval, the resolution shall set forth any and all
conditions placed upon the conditional use and should state the time
limits set for commencement of the use or satisfaction of the conditions,
as the case may be. In the event that the conditional use is also
a subdivision or land development, the resolution should set forth
the time in which said application must be filed for same in accordance
with the Pennsylvania Municipalities Planning Code, as last amended.
(d)
A conditional use approval issued by the Board
of Supervisors may be canceled or revoked for any violation of this
article or any condition imposed thereon. A conditional use approval
shall expire within six months of the date of the original approval
unless extended by a motion and affirmative vote of the Board of Supervisors.
