Township of Brecknock, PA Article XIV Conditional Uses

[Added 8-14-2007 by Ord. No. 163]

§ 110-117 Conditional uses.

A. Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors, in addition to the information required on the zoning permit application, the conditional use application must:

(1) Show ground-floor plans and elevations of proposed structures.

(2) Show names and addresses of adjoining property owners including properties directly across a public right-of-way.

(3) Show a scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.

(4) Show a written description of the proposed use in sufficient detail to demonstrate compliance with the applicable provisions of this chapter.

(5) Identify all applications which the applicant has filed with the Board of Supervisors within the past 18 months.

(6) Identify all applications relating to the property which is the subject of this application which have been filed with the Board of Supervisors within the past 18 months.

B. General criteria. When conditional uses are provided for in this chapter, the Board of Supervisors shall hear and decide requests for such conditional uses in accordance with the stated standards and criteria. The Board of Supervisors may grant approval of a conditional use, provided that the applicant complies with the following standards for conditional uses and that the proposed conditional use shall not be detrimental to the health, safety or welfare of the neighborhood. The burden of proof shall rest with the applicant.

(1) The applicant shall establish by credible evidence compliance with all conditions, requirements, standards, criteria and performance standards for the conditional use enumerated in the section which gives the applicant the right to seek the conditional use and any other section of this chapter which relates to the proposed use.

(2) The applicant shall establish by credible evidence that the proposed conditional use shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner, or all improvements shall be made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems, including but not limited to police protection, fire protection, utilities, parks and recreation.

(3) The applicant shall establish by credible evidence that the proposed conditional use shall be in and of itself properly designed with regard to internal vehicle and pedestrian circulation, parking, buffering and all other elements of proper design as specified in this chapter and any other governing law or regulation.

(4) The applicant shall provide the Board of Supervisors, as part of the application for the conditional use, with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.

(5) The proposed conditional use shall not substantially injure or detract from the use of neighboring properties or from the character of the neighborhood, and the use of-property adjacent to the area included in the conditional use application shall be adequately safeguarded.

C. Conditions. The Board of Supervisors, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this chapter.

D. Site plan approval. Any site plan presented in support of the conditional use pursuant to Subsection A hereof shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.

E. Hearing procedures.

(1) Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. The Board of Supervisors shall submit each such application to the Township Planning Commission to provide the Township Planning Commission with an opportunity to submit recommendations.

(2) Public notice, as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate by ordinance, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision. by rules of the Board of Supervisors.

(3) The Board of Supervisors may prescribe reasonable fees with respect to hearings.

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

(5) The Chairman or Acting Chairman of the Board of Supervisors shall have 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.

(6) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

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

(8) The Board of Supervisors may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be paid by the applicant. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board or Supervisors, or shall be paid by the person appealing the decision of the Board of Supervisors if such appeal is made; and in either event, 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.