A use identified by the letter "C" means the use must be authorized by conditional use. It is subject to the following conditions:
Conditional Uses
(1) The Board of Commissioners shall have the power to approve or disapprove conditional uses when this chapter specifically requires the obtaining of such approval.
(2) In granting a conditional use, the Board of Commissioners shall make findings of fact consistent with the provisions of this chapter. The Board shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.
(3) Subject to § 155-11.1F(4) below, the applicant shall have the initial burden of persuasion that the application complies with the specific requirements for the proposed use set forth in
Article V: Uses.
(4) Opponents shall have the initial duty of presenting substantial evidence that the application does not comply with the general criteria of this chapter, but the applicant shall retain the ultimate burden of persuasion concerning those criteria.
(5) Where an applicant requires subdivision or land development approval in addition to conditional use approval, the applicant has the option to file those applications simultaneously, or to file the application for conditional use first, and file more complete land development plans later. Should the applicant file the applications simultaneously, and request simultaneous review, the applicant assumes the risk of cost of preparation of plans for both applications, and the cost of any modifications the Township may require in the review process. Approval of both conditional use and subdivision and land development shall be required before the issuance of any zoning permit.
(6) Application requirements. Conditional use applications shall be governed by the following:
(a) The landowner shall make a written request to the Board of Commissioners. The request shall contain a statement reasonably informing the Township of the nature and conditions of the proposed use.
(b) Applications for conditional use approval shall contain all data, information, and reports necessary for the Board of Commissioners to evaluate the proposal. The application shall be accompanied by site plans, building plans, impact statements, and other materials describing the use or development proposed. All information required by this chapter shall accompany the application.
(7) For conditional uses concerning existing buildings, a site plan shall be submitted that includes the following:
(a) Name and address of establishment;
(b) Name and address of owner;
(c) North arrow;
(d) Date of plan;
(e) Roads and streets adjacent to property;
(f) Location of all structures on the property (existing and proposed);
(g) Zoning classification of the property;
(h) Proposed hours of operation;
(i) Number of visitors;
(j) Existing and proposed parking;
(k) Existing and proposed trash receptacles and shielding devices;
(l) Existing and proposed lighting, including proposed transformer and generators;
(m) Existing and proposed methods of ingress and egress; and
(n) Existing and proposed fencing, walls, retaining walls, buffering and landscaping.
(8) Fees. The applicant for any hearing on a conditional use request before the Board of Commissioners shall at the time of making application pay to the Township a fee, in accordance with a fee schedule adopted by the Township.
(9) Review procedures.
(a) The Board of Commissioners may attach such reasonable conditions and safeguards, other than those related to off-site transportation and road improvements, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and the Zoning Ordinance.
(b) The Board of Commissioners shall request an advisory opinion from the Township Planning Commission on any application for a conditional use; the Planning Commission is to submit a report of such advisory opinion prior to the close of the public hearing held by the Board of Commissioners on the application.
(c) The Board of Commissioners may appoint one of its members or an independent attorney to be a hearing officer to conduct the public hearing and to recommend findings of fact and a decision to the Building and Planning Committee. If the parties and the Board of Commissioners agree prior to the presentation of any testimony, the decision of the hearing officer shall be final. Otherwise, the Building and Planning Committee, after consideration of the Planning Commission's recommendation, shall promptly recommend a final decision to the Board of Commissioners.
(d) The Board of Commissioners shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents in writing to an extension of time.
(e) Hearing. The Board of Commissioners shall conduct hearings pursuant to public notice and shall send notice of the proposed conditional use hearing to contiguous property owners, 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 has made timely appearance of record, and any other person, including civic or community organizations permitted to appear by the Board of Commissioners. The Board may require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose.
[2] The Chairman, Acting Chairman, or designee shall have the power to administer oaths to 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 witnesses on all relevant issues.
[4] Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
[5] The Township, at its discretion, may require 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] The Board of Commissioners shall render a written decision on the application, and communicate it to the applicant in accordance with the Pennsylvania Municipalities Planning Code.
(f) Criteria for conditional use approval. The Board of Commissioners shall grant a conditional use only if it finds substantial evidence that any proposed development plan submitted complies with all of the following:
[1] Meets all conditions of uses expressed in the use classification section of this chapter.
[2] Does not conflict with the Township and County Comprehensive Plans and other plans adopted by the Township.
[3] Is consistent with the spirit, purposes, and intent of the applicable zoning district.
[4] Is in conformance with all applicable requirements of this chapter and all municipal, state and federal codes applicable to the use or process in question.
[5] Is suitable for the property in question. This criterion shall consider issues such as traffic, vehicular and pedestrian circulation, location and design of parking areas, adjacent land use(s), and other impacts on the surrounding area. If the proposal is adjacent to a residential district, the scale of the use shall relate to and complement the surrounding area.
[6] Public utilities. All uses shall be capable of being served by public sewer. A use may be permitted to be served by an on-lot sanitary system only if deemed acceptable by the Board of Commissioners and the adopted 537 Plan of the Township, upon recommendation of the Township Engineer. Sufficient water supply must be available to accommodate all the needs of the proposed use.
(g) Conditions. The Board of Commissioners may require adjustments to the proposal as a condition of approval.
Additional requirements for conditional uses.
(1) This section shall not apply to the following uses:
(2) General information. Applicants shall submit with their application data:
(a) Total number of participants, quantified by type (including but not limited to users/members, teachers, staff, volunteers, residents, students) and by their method and time of arrival and departure from the site.
(b) Age distribution of participants.
(c) Days and hours of operation, including normal periods of concentrated ingress and egress.
(d) Description and expected attendance at regularly scheduled events, including third-party and other uses of the property beyond those commonly associated with like uses of similar properties.
(3) Separation requirements. Separation requirements shall apply to the following residential uses: alternative housing options for the elderly; convent, monastery or similar institutional residential facility; student home. No more than one such use shall be permitted within 500 feet of another use regulated by this subsection and/or a nonconforming use, measured by the shortest distance between the lot on which the proposed use will be located and the lot or lots which contain the existing use.
(4) Traffic impact study (TIS). The Director of Building and Planning shall require a traffic impact study if needed to assure compliance with the following requirements. If required, the Township Engineer shall determine the scope of the study and the assumptions utilized.
(a) The traffic generated by the proposed use, when combined with the current use, shall not result in a level of service lower than C, or, if the level of service is already C or below, shall not alter such level of service for adjacent streets and/or the nearest intersections thereof.
(b) The proposed use shall demonstrate that it does not create an unsafe traffic condition due to site obstructions at the points of ingress and egress.
(c) The Board of Commissioners may impose additional conditions to mitigate the adverse impact of traffic generated by the proposed use, such as requiring staggered starting and ending times, site circulation or enrollment/public access limits.
(5) Loading/queuing requirements. Loading/queuing requirements shall be provided on site in compliance with the following standards, unless otherwise provided for with reference to specific uses:
(a) One loading/queuing space per 10 participants to be dropped off/picked up by automobile per hour at the maximum anticipated level of such activity.
(b) One oversized loading/queuing space per bus loading or discharging at the site at any one time.
(c) Only a new use or that portion of the property proposed for an expanded use shall be required to meet these loading/queuing standards.
(a) Lighting shall be provided along all interior walkways and parking areas to be used after dusk.
(b) Lighting for interior walkways shall be a maximum of 12 feet above finished grade.
(c) Lighting for parking areas shall be a maximum of 12 feet above finished grade unless the applicant can demonstrate that taller lights will not increase light spillage or glare on adjacent properties.
(d) The source of illumination for all light fixtures on the exterior of the building shall be screened from off-site view.
(7) Buffering. Landscaped buffer areas (including a wall, fence, suitable planting or combination if approved by the Township) incorporating a variety of deciduous and evergreen trees and shrubs shall be provided along all property lines in compliance with the following:
[1] A minimum of 20 feet in width along the side or rear property lines, but in no case, shall be less than the required setback.
[2] Any existing improvements that project into the required buffer area may remain, provided that they were lawful when built.
(c) The Board of Commissioners may modify the buffer requirements if the adjacent property is a nonresidential use.
