This site is under construction. Got it!

MapLink™ | Procedures | Conditional Uses

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Accept
Back
Conditional Uses
Standards for approval; conditions imposed; site plan.
A. In granting a conditional use, the Board of Supervisors shall make findings of fact consistent with the provisions of this chapter. The Board of Supervisors shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.

B. The Board of Supervisors shall only approve a conditional use if the Board determines that the applicant has presented adequate evidence that the following standards have been met:
(1) Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate this compliance.
(2) Compliance with other laws. The approval may be conditioned upon proof of compliance with other specific applicable Township, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the Township prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.
(3) Traffic. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion, after considering any improvements proposed to be made by the applicant as a condition on approval.
(4) Site planning. The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.
(5) Neighborhood. The proposed use shall not substantially harm any surrounding residential neighborhood, after considering any proposed conditions upon approval.
(6) Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(7) Natural features. The proposed use shall be suitable for the site, considering the impacts upon steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features. Within the FP District, the proposed use shall be designed to minimize conflicts with agricultural activities on adjacent tracts.
 
C. Conditions. In granting a conditional use, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Board of Supervisors shall automatically become conditions of permits issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.

D. Submittal. A site plan shall be submitted, which shall contain an accurate plan of proposed building, parking, buffer, loading and other improvements. Detailed site engineering (such as stormwater calculations and profiles) are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved. Or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.

Application requirements.
Conditional use applications shall be governed by the following:
A. The landowner shall submit a written application to the Zoning Officer, who shall forward the application to the Board of Supervisors.
B. The application shall be accompanied by site and building plans and other materials that completely described the proposed use and improvements. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information that is required by this chapter shall accompany the application.
C. Fees. See § 200-70: Fees and escrow deposits.

Review procedures.
A. The Board of Supervisors shall request an advisory opinion from the Township Planning Commission on any application for a conditional use. The Township Planning Commission shall submit comments prior to the date of the public hearing held by the Board of Supervisors on the application.
B. The Board of Supervisors shall hold a hearing upon the request, within the time limits established by the State Municipalities Planning Code,[1] unless the applicant requests of consents in writing to an extension of time.
C. Hearing. The Board of Supervisors shall conduct hearings and make decisions in accordance with the following:
(1) The parties to the hearing shall be the Township, any person affected by the application who had made timely appearance of record, and any other person including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors may require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose.
(2) The Chairperson or Acting Chairperson shall have the power to administer oaths of witnesses.
(3) 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.
(4) Formal rule of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5) The Township shall make a stenographic record of the proceedings, and such transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
(6) Public notice shall be given as required by the State Municipalities Planning Code. Written notice of the hearing shall be mailed or delivered to the applicant, the Zoning Officer, and to any other person who has made timely request for notice. The Township shall also endeavor to mail or deliver advance notice to the last known owners of immediately adjoining lots. However, failure to provide such notice shall not be grounds for an appeal of a decision by the Board of Supervisors.