Borough of New Salem, PA Article VII Conditional Uses

§ 240-81 Conditional uses.

A. Filing of conditional uses.

(1) For any use permitted by conditional use, approval for such use must be obtained from the Borough Council. In addition to the information required on the building permit application, the conditional use application must show:

(a) Ground-floor plans and elevations of proposed structures.

(b) Names and addresses of adjoining owners.

(2) Unless otherwise specified or extended by the Borough Council, a conditional use authorized by the Council expires if the applicant fails to obtain, where required to do so, a building permit or use certificate within 12 months of the date of the authorization of the conditional use.

B. Referral to Planning Commission. All applications for a conditional use shall be referred to the Borough Planning Commission for a report, which shall be considered at the hearing for said use.

C. Conditions. The Borough Council, in considering conditional use applications, may attach conditions considered necessary to protect the public welfare and the Comprehensive Plan, including conditions which are more-restrictive than those established for other uses in the same zone and conditions specified in Article VIII if the Borough Council deems such appropriate.

D. Application of extent-of-use regulations. The extent-of-use regulations as set forth in this chapter must be followed by the Borough Council. Where no extent-of-use regulations are set forth for the particular use, the Borough Council must impose extent-of-use requirements as necessary to protect the public welfare and the Comprehensive Plan.

E. General standards.

(1) A conditional use may be granted when the Borough Council finds, from a preponderance of the evidence produced at the hearing, that:

(a) The proposed use, including its nature, intensity and location, is in harmony with the orderly and appropriate development of the zone; and

(b) That adequate water supply, sewage disposal, storm drainage and fire and police protection are or can be provided for the use; and

(c) That the use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature and height of buildings, walls and fences; and

(d) That the use will have proper location with respect to existing or future streets giving access to it and will not create traffic congestion or cause industrial or commercial traffic to use residential streets; and

(e) That the specific standards set forth for each particular conditional use for which approval may be granted have been met.

(2) The applicant for a conditional use shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the Borough Council.

F. Special standards. In addition to the general standards for all conditional uses as contained in Subsection E above, the specific standards for particular uses as listed in Article VIII must be met prior to the granting of an approval for a conditional use.

§ 240-82 Public hearings.

A. Notice; conduct of meeting.

(1) Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, to each property owner within 200 feet of the property involved and to any person who, at least two weeks prior to the scheduled hearing, has made a request for the same. In addition to the written notice provided herein, written notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

(2) The Borough Council may prescribe reasonable fees with respect to hearings for conditional uses. Fees for said hearings may include compensation of the Secretary and members of the Borough Council, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Borough Council, expenses for engineering, architectural or other technical consultants or expert witness costs.

(3) The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of time.

(4) The hearing shall be conducted by the President of the Borough Council, or, in the Council President's absence or in a case which evidences a conflict involving the President, the Council may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Borough Council.

(5) Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(6) The Borough Council 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 material so noticed; and shall not inspect the site or its surroundings with any party or his representative unless all parties are given an opportunity to be present.

B. Representation; statements.

(1) Parties to the hearings shall be the Borough, any person affected by the application who has made timely appearance of record before the Borough Council, and any other person, including civic or community organizations, permitted to appear by the Council. The Council shall have the power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Borough Council for that purpose.

(2) Statements are to be made in the following order or as the Borough Council President may direct:

(a) Applicant.

(b) Borough officials.

(c) Any private citizen.

(3) The applicant must be given an opportunity for rebuttal.

C. Witnesses. The Borough Council President or the hearing officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

D. Decision procedure.

(1) The Borough Council 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 Borough Council. 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 provisions of the Pennsylvania Municipalities Planning Code or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the Borough Council 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 Borough Council to meet or render a decision as hereinabove provided, the Council 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 as provided in Subsection A of this section. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

(2) 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 the Borough Zoning Officer and all other persons who have filed their name and address with the Borough Council not later than the last day of the hearing, the Council 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.

(3) Whenever the Borough Council imposes a condition or conditions with respect to the granting of an application, this condition must be stated in the order of the Council and in the permit issued pursuant to the order by the Zoning Officer. This permit remains valid only as long as the condition or conditions upon which it was granted or the conditions imposed by this chapter are adhered to.

E. Records. The Borough Council shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Borough Council. The cost of the original transcript shall be paid by the Borough Council if the transcript is ordered by the Council. 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.