Township of Lower Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[Added 11-20-2003 by Ord. No. 501]
[1]
Editor's Note: Former Art. XIV, PC Planned Commercial District, as amended, which consisted of §§ 143-80 through 143-88, was repealed 8-15-2002 by Ord. No. 470.
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.