1. In evaluating an application to the Board of Supervisors for a conditional use or the Zoning Hearing Board for a special exception, the respective Boards shall require the applicant to provide information to indicate that the standards and criteria have been met. The applicant shall submit a report which describes how the standards and criteria have actually been met or will be met to insure that:
A. The proposed use is consistent with the purpose of the part whereby it is permitted, the overall purpose of the zoning as contained in
Part 1: PREAMBLE, and all applicable provisions of this chapter.
B. The proposed use will satisfy all of the relevant provisions and requirements of
Chapter 22: Subdivision and Land Development and any other applicable ordinance, code and/or regulation which are hereby incorporated by reference.
C. The proposed use and its location are consistent with and responsive to the Comprehensive Plan, in particular, the plans for land use, circulation, community facilities and utilities.
D. The proposed use will not adversely effect the health, safety, morals and general welfare of the Township.
E. The proposed land use is consistent with the nature of the conforming land uses existing on any immediately adjacent properties; and, it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood.
F. The proposed use is consistent in concept and design with other conditional uses or special exceptions for which approval may have been previously granted, and/or it is located in an area or areas for which the lot is suited.
G. If public services are planned for the property, the proposed use is consistent with the planned extensions of public services and utilities, such as a public water and public sewer, and will not have a negative effect on the public services and utilities of the surrounding properties.
H. Proposed construction will be consistent with good design principles, and sound engineering and land development practices, and is in keeping with the character of any existing quality construction within the neighborhood.
I. The proposed use reflects an environmentally sensitive approach to land planning and design based on thorough site analysis and evaluation related to topography, soils, vegetation, hydrology, geology, especially limestone and diabase, visual quality and related site conditions and characteristics.
J. The proposed use will provide safe and adequate access to roads and public services (existing or proposed); will not result in excessive traffic volumes; will make any improvements needed to guarantee compatibility with adjacent roads and public services; and will reflect a well designed internal circulation system.
K. The proposed use will provide for effective sanitation.
L. The proposed use will create the required screening and landscaping as required in this chapter and
Chapter 22: Subdivision and Land Development.
M. The proposed use, as depicted in the plans for subdivision and/or land development, includes proposals for 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 deemed by the Township, where the use of trees, shrubs and ground covers would be functional and appropriate.
N. The proposed use will be properly sited, and not be disruptive to existing topography, streams and ponds, vegetation and other natural resources, especially within the Floodplain Conservation District and the Steep Slope Conservation District.
O. The proposed use will provide for adequate off-street parking and loading in accordance with
Part 23: OFF-STREET PARKING AND LOADING.
P. The proposed use will provide for adequate signage in accordance with
Part 24: SIGN REGULATIONS.
Q. The proposed use will provide for adequate environmental controls in accordance with
Part 25: GENERAL PROVISIONS.
R. A satisfactory environmental impact assessment (EIA) report is submitted for any proposed use for which a conditional use or special exception application has been submitted, subject to the provisions of
Part 25: GENERAL PROVISIONS.
S. The proposed use can be adequately serviced by the type of water supply and sewage disposal system which is proposed.
T. The proposed use will be developed using effective stormwater management techniques, and soil erosion and sedimentation control techniques.
2. The report required under Subsection 1, above, shall include clear legible inventory maps and plans and site analysis maps and plans drawn to scale to indicate the location, extent, quality, significance and/or importance of the land and water resources and the facilities which are discussed within the report.
3. The Board may impose such conditions as are necessary to insure any or all of the above amenities as well as compliance with any other relevant ordinances, regulations and codes.
4. Special exceptions related to the Floodplain Conservation District shall also be evaluated in accordance with the provisions of §
27-2110. Conditional uses related to the Steep Slope Conservation District shall also be evaluated in accordance with the provisions of §
27-2207. Conditional uses related to: the open space option in the RA District; the open space requirements of Part
11; the open space option in the RB District; and the open space requirements of Part
10, shall also be evaluated in accordance with the provisions of §
27-2808.
5. General Procedures.
A. The Zoning Hearing Board shall be governed by the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
B. In the case of an application for conditional use, the Planning Commission shall perform a review and provide counsel to the Board of Supervisors concerning the grant of approval or disapproval of the proposed use. A written report shall be submitted to the Board of Supervisors by the Planning Commission.
C. The Board of Supervisors shall, in the case of an application for conditional use, schedule a hearing for public review comment.
D. The Planning Commission and Board of Supervisors shall be responsible for providing notification to the applicant, no less than 20 days prior to any hearing at which testimony will be heard, and/or action taken upon approval or disapproval, in order that the applicant may present their case at such hearing.
E. Proof of proper notification shall be required as a precondition before any formal action on the application.
F. Notification of the action taken by the Board of Supervisors 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 and plans for conditional use or subdivision and/or land development for the subject property.
G. The grant of approval by the Board of Supervisors for a conditional use shall in no way release the applicant from his obligation to comply with the applicable provisions of this chapter,
Chapter 22: Subdivision and Land Development, and any other applicable Township, state and federal regulations.