Buffalo Township Washington County
City Zoning Code
City Zoning Code
ARTICLE VIII
Standards
§ 265-38 Standards applicable to special exceptions.
A.
Generally. Upon proper application and in accordance with Article II of this chapter, the Zoning Hearing Board shall consider requests for uses enumerated as special exception uses in the foregoing articles, and shall grant or deny such requests for special exception uses according to the standards and criteria set forth below.
B.
Criteria for approval. A special exception use shall be approved upon a finding of the Zoning Hearing Board that an applicant has adequately shown by evidence presented that:
(1)
The proposed use conforms to the district use provisions and to the specific provisions allowing for special exceptions and all general requirements of this chapter.
(2)
The proposed use shall preserve the objectives of this chapter and shall be consistent with the Comprehensive Plan and the purposes of the district in which it is to be located.
(3)
The proposed use is suitable for the parcel in question and shall produce a total visual impression and environment compatible with and appropriate to the existing or intended character of the neighborhood.
(4)
The proposed use will not result in excessive traffic or create any other adverse environmental impact upon other property or persons.
(5)
The proposed use is in the best interest of the Township and the general public welfare.
C.
Standards for denial. The Zoning Hearing Board shall give consideration to all evidence presented by both advocates and opponents of any application for a special exception use. Any application not meeting the criteria set forth in § 265-38B shall be denied by the Zoning Hearing Board.
D.
Conditional approval. The Zoning Hearing Board shall have the authority to grant conditional approval of an application and, in doing so, to attach any reasonable and necessary conditions and safeguards as deemed appropriate by the Zoning Hearing Board to ensure that the purposes of the Comprehensive Plan, the Zoning Ordinance and the Zoning District are met and that the general welfare of the public is protected.
§ 265-39 Standards applicable to conditional uses.
A.
Generally. Upon proper application, the Board of Township Supervisors shall consider requests for conditional uses and, subject to recommendations by the Planning Commission, shall grant or deny such requests for conditional uses according to the standards and criteria set forth below.
B.
Applications for conditional use. All applications for conditional uses shall be filed with the Zoning Officer and shall be accompanied by:
(1)
An application fee in an amount equal to that set by resolution of the governing body.
(2)
Five copies of a site plan and supporting data which shows the size, location and topography of the site, the use of adjacent land, the proposed size, bulk, use and location of all yards, open spaces, parking areas, driveways, storage areas and accessory structures; the location of all utilities, the provisions for parking, moving or loading of vehicles, and the time of construction proposed. The provision of § 265-9 to the contrary notwithstanding if land is to be subdivided, the applicant must meet all of the provisions of the then current Subdivision Regulations and Ordinances.[1]
[1]
Editor's Note: See Ch. 218, Subdivision and Land Development.
C.
Procedure in cases of conditional uses:
(1)
In cases of an application to the Township Supervisors for a conditional use, the Township Secretary shall forthwith refer the application to the Township Planning Commission.
(2)
The Township Planning Commission may hold a public hearing about and in accord with the Pennsylvania Municipalities Planning Code and shall make a recommendation with respect to the conditional use to the Township Supervisors within 60 days after its receipt of the application.
(3)
The Township Supervisors shall make their decision within 15 days after receiving the recommendation of the Township Planning Commission unless they elect to have a separate public hearing under their own auspices in which case they shall make their decision within 15 days after the last public hearing session.
(4)
The Township Supervisors and the Township Planning Commission may jointly sponsor a public hearing at the Planning Commission's request. If this occurs, the Township Supervisors shall not make their decision until after they have received the recommendations of the Township Planning Commission but shall do so within 15 days after receiving that recommendation.
D.
Procedure for conducting public hearings. Public Hearings shall be conducted as follows:
(1)
The Chairman or acting Chairman of the Planning Commission presiding 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.
(2)
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.
(3)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(4)
The Planning Commission may keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
(5)
The Planning Commission 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 unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of the hearings with any party or his representative unless all parties are given an opportunity to be present.
E.
Criteria for approval. A conditional use shall be approved upon a finding of the Board of Township Supervisors that an applicant has adequately shown by evidence presented that:
(1)
The proposed conditional use conforms to the district use provisions and to the specific provisions allowing for conditional uses and all general requirements of this chapter.
(2)
The proposed conditional use shall preserve the objectives of this chapter and shall be consistent with the Comprehensive Plan and the purpose of the district in which it is to be located.
(3)
The proposed conditional use is suitable for the parcel in question and shall produce a total visual impression and environment compatible with and appropriate to the existing or intended character of the neighborhood.
(4)
The proposed use will not result in excessive traffic or create any other adverse environmental impact upon other property or persons.
(5)
The proposed use is in the best interest of the Township and the general public welfare.
F.
Standards for denial. The Board of Township Supervisors shall give consideration to all evidence presented by both advocates and opponents of any application for a conditional use. Any application not meeting the criteria set forth in § 265-39E shall be denied by the Township Supervisors.
G.
Conditional approval. The Township Supervisors shall have the authority to grant conditional approval or an application and, in doing so, to attach any reasonable and necessary conditions and safeguards as deemed appropriate by the Township Supervisors to ensure that the purposes of the Comprehensive Plan, the Zoning Ordinance and the Zoning District are met and that the general welfare of the public is protected.
H.
Special matters regarding conditional uses:
(1)
Institutional residences and group homes on farm properties in the rural agricultural district.
(a)
Institutional residences or group homes may be permitted on farm properties in the Rural Agricultural District if the rural environment is of therapeutic or other special benefit to the residents of the proposed use. Institutional and group residences which do not derive special benefits from location in a rural environment shall be encouraged to locate in a Residential District where services, facilities and utilities are more easily available.
(b)
The applicant shall submit evidence to the Township Supervisors that the proposed use will be compatible with the area in which it is located and may impose such restrictions as it deems necessary on the construction and size of structures, parking and accessory uses and upon the number of persons who shall be permitted to occupy the premises as a residence or for other purposes.
(c)
A conditional use permit shall not be granted unless the applicant submits acceptable evidence that the proposed use and facility meets all applicable local, state and federal laws with respect to building constructions, sanitation and sewage disposal facilities, water supply, fire protection and all other matters related to the health and safety of the occupants.
(2)
Deep mining of coal in the rural agricultural district. A conditional use permit shall be required for the construction of any mine ventilating shaft or structure intended to supply air or power to underground mines where there is no other surface use of land for the mining operation.
(a)
Before a conditional use permit for such structures is granted, the mine owner or operator shall submit evidence as deemed necessary by the Planning Commission or Township Supervisors concerning the:
[1]
Extent and anticipated duration of mining within the Township;
[2]
Depth of the mine below all affected land within the Township and measures which will be taken to avoid damages from subsidence to all structures or agricultural activities on the land surface;
[3]
The possible impact of the mining operation upon ground water supplies in all affected areas and measures which will be taken to guarantee that any loss, diminution or pollution of water supply will be corrected or replaced.
(b)
All structures intended to supply air or power to underground coal mines shall be constructed and landscaped in a manner appropriate to the area in which it is located. Mechanical baffles supplemented by topography and/or landscaping shall be utilized to protect the adjacent properties from the noise of exhaust fans.
(3)
Surface extraction of minerals and deep coal mining with surface operations in the agricultural district.
(a)
A conditional use permit shall be required for all mineral extraction processes which involve operations on the surface of the land, including, but not limited to:
[1]
Deep mining of coal with surface operations, including mine portals, tipples, coal processing, deposit of wastes or loading and transportation of coal;
[2]
Surface or strip mining of coal;
[3]
Extraction of sand, gravel, limestone or other minerals.
(b)
An applicant for a conditional use permit for the extraction and/or processing of minerals shall submit the following information:
[1]
Evidence of compliance with all state and federal laws applicable to the process for which the conditional use permit is sought;
[2]
A description of the character, timing and duration of the proposed operation, including maps and plans, showing the area and extent of the proposed activity, the location and design of all structures, depth of the excavation, areas for storage of soil materials which will be stored, areas for the deposit of wastes, and facilities for processing, loading and transportation of minerals;
[3]
The location of all structures and land uses which may be affected by the proposed operation and measures which will be taken to protect all structures and land uses from adverse impacts from mining;
[4]
Plans for the restoration or reclamation of all land affected by the extractive operation to a condition which will support agriculture or other uses permitted in the Agricultural District;
[5]
Measures which will be taken to guarantee that any loss, diminution or pollution of water supplies in areas affected by the mining operation will be corrected or replaced;
[6]
Measures which will be taken to ensure that the performance standards specified in § 265-45 will be met;
[7]
Description of plans for the transportation of mined product, including routes of travel, number and weight of vehicles, and measures which will be taken to maintain all roads within the Township which are used to transport minerals and to repair any damages which may result from the use of roads for loads and volumes of traffic which are in excess of their use by vehicles associated with permitted uses in the District.
(c)
The Township Supervisors shall utilize the assistance of the Planning Commission and qualified experts as necessary to evaluate all information submitted by the applicant and such other information as may reasonably be required and shall authorize the issuance of a conditional use permit only if they determine that the proposed use will not adversely affect the community or the natural environment, that it will be in conformance with the purposes and objectives of this chapter and of the Comprehensive Plan, and that the operation will be conducted in a manner which protects the public health, safety and welfare.
