East Vincent Township
City Zoning Code
City Zoning Code
PART 19
CONDITIONAL USE PROCESS
§ 27-1901 Procedures and Criteria.
[Ord. 162, 6/12/2002, § 1900; as amended by Ord. 179, 12/1/2004]
1.
Nothing in this Part shall be construed to relieve the owner or his agent, the developer, or the applicant for a conditional use approval from obtaining approval in accordance with the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22], or other applicable ordinances.
2.
The requirements of this section and the standards for specific types of conditional uses found elsewhere in this chapter shall be deemed an element of the definition under which a conditional use approval may be granted. The failure of the applicant to demonstrate compliance with these requirements, at the discretion of the Board of Supervisors, may be deemed either a basis for establishing conditions or limitations on an approval or the basis for a denial of a conditional use application.
3.
General Requirements.
A.
Ownership. The tract of land under application for conditional use approval shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If ownership of the entire tract is held by more than one person or entity, the application shall identify and be filed on behalf of all of the said owners. Approval of the plan shall be conditioned upon agreement by the applicant or applicants that the tract shall be developed under single direction in accordance with the approved plan. No site preparation or construction shall be permitted other than in accordance with the approved plan. If ownership of all or any portion of the tract changes subsequent to approval of the plan, no site preparation or construction by such new owner or owners shall be permitted unless and until such owner or owners shall review the terms and obligations of the approved plan and agree in writing to be bound thereby with respect to development of the tract.
B.
Sewer and Water Facilities. Applicant shall demonstrate evidence of adequate water supply and sewage disposal capability. All water supply and sewage disposal facilities shall be designed and constructed in compliance with §§ 22-423 and 22-424 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] and the East Vincent Township Sewage Facilities (Act 537) Plan.
C.
Development Stages and Permits. Where applicable, the development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement, entered into by the owner and/or developer, and the Township. Such agreement shall embody all necessary details assuring compliance with any conditions of approval issued in accordance with this Part to the satisfaction of the Township. Such agreement also shall be of a binding nature on the overall tract and its development, regardless of succession in ownership, and shall be recorded with the final subdivision or land development plans.
D.
Stormwater Management. Where applicable, the control of erosion and sediment during construction, and the ongoing management of stormwater on the lot or tract where the subject conditional use is located, shall be accomplished in accordance with applicable provisions of the East Vincent Subdivision and Land Development Ordinance [Chapter 22].
E.
Covenants and Restrictions. The language, terms and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township Solicitor.
4.
Application.
A.
Application for conditional use shall be filed with the Township Secretary on such forms as may be prescribed for said purpose. The application shall be accompanied by a fee as prescribed by the Board of Supervisors by resolution. The application shall state the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected by the proposed conditional use application.
(3)
Evidence of authorization to act on behalf of the property owner(s) where applicant is other than a legal or equitable owner of the property.
(4)
A description and location of the real estate on which the conditional use is proposed, including applicable tax parcel number.
(5)
A statement of the present zoning classifications of the real estate in question, the improvements thereon, and the present use thereof.
(6)
A narrative description of the proposed use and a statement of the section(s) of this chapter which authorize(s) the conditional use.
B.
Development Plan. Any application for conditional use approval involving subdivision or land development, ultimately subject to submission and approval in accordance with the East Vincent Subdivision and Land Development Ordinance [Chapter 22], shall be accompanied by a unified, overall site plan covering the entire tract, regardless of any intended phasing of development, prepared at a graphic scale of at least one inch equals 100 feet. For the purposes of application for conditional use approval, such plan need not meet formal submission requirements under the Subdivision and Land Development Ordinance [Chapter 22], but shall be prepared with sufficient detail to adequately illustrate the proposed development uses and non-development uses of the tract, including (where appropriate), reserve areas for possible future expansion; coordinated internal and external vehicular and pedestrian circulation; well related, convenient and efficient parking and loading areas; agreeable surroundings that provide comfort, safety, and convenience for prospective residents, customers, and/or workers; and high quality design in terms of building relationship, facade treatment, signage, lighting, landscaped and planted buffers and screens, as well as other natural and constructed amenities in furtherance of the comprehensive planning objectives of East Vincent Township.
C.
Existing Features Analysis.
(1)
Any application for conditional use approval involving subdivision or land development, ultimately subject to submission and approval in accordance with the East Vincent Subdivision and Land Development Ordinance [Chapter 22], shall be accompanied by an existing features plan in accordance with the provisions of § 22-307.1 of the Subdivision and Land Development Ordinance [Chapter 22], prepared at the same scale as the development plan provided in accordance with Subsection 4B above.
(2)
The applicant shall also submit a site analysis and impact narrative in accordance with the provisions of § 22-307.2 indicating how any or all of the resources included on the existing features plan will be affected by the proposed development, and shall describe mitigating measures to be employed in addressing these impacts. The development impacts and the proposed mitigating measures shall be described, and their locations indicated on the existing features plan or on a separate site plan prepared at the same scale.
D.
Traffic Analysis. Any application for conditional use approval involving a use or use(s) which can be expected to generate more than 50 trips during any peak hour, based on the most current version of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE), shall be accompanied by traffic studies demonstrating feasible compliance with the objectives of this chapter, the Subdivision and Land Development Ordinance [Chapter 22], and the East Vincent Township Comprehensive Plan, as applicable. Such studies shall estimate traffic volumes, turning movements, and levels of service at intersections, and potentially unsafe conditions existing prior to development as well as any that may be reasonably expected to occur after proposed development and shall suggest action(s) to mitigate any anticipated reduction of level of service or other negative impact to traffic conditions resulting from the development as proposed.
5.
Procedures.
A.
Upon receipt of a complete application for conditional use approval per Subsection 4, above, the Township Secretary shall submit the application for recommendation to the Planning Commission. No formal hearing before the Planning Commission shall be required. Upon receipt of the application, the Planning Commission shall review the conditional use request at its next regularly scheduled meeting or at a special meeting at the discretion of the Planning Commission. In either case, such review shall take place prior to the time set by the Board of Supervisors for public hearing for consideration of the conditional use application in accordance with Paragraph B below. The Planning Commission shall submit any recommendation regarding the subject application to the Board of Supervisors at or prior to such public hearing. If the Planning Commission fails to submit any recommendations to the Board of Supervisors by the time set by the Board of Supervisors for public hearing, the Board of Supervisors shall proceed to consider such application without the recommendation of the Commission.
B.
After review by the Planning Commission, the Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the following procedures:
(1)
Notice of the hearing shall be given to the public by publication in a newspaper of general circulation in the Township in accordance with the requirements for public notice established in the Municipalities Planning Code. Property owners within 500 feet of the application property shall be notified in the same manner as provided for zoning hearings under § 27-2007 A and C no less than 10 days prior to the scheduled hearing. Additionally, like notice thereof shall be given to the applicant, the Code Enforcement Officer, and to any person who has made timely written request for same. Notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the date of the hearing. The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the Township for which the notice was given. The Board of Supervisors shall conduct its first hearing on the application within 60 days from the date the application is filed with the Township Secretary, unless extended by written authorization from the applicant. Should applicant submit new or revised plans for the use subject to conditional use application between the time of original submission and the time set by the Board of Supervisors for public hearing, the review period shall start anew and prior plans shall be deemed withdrawn.
(2)
The parties to the hearing shall be the Township, the applicant, any person affected by the application who has made 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 the power to require that all persons who wish to be considered parties submit written requests on such forms as the Board of Supervisors may provide for that purpose.
(3)
The Chairman or Acting Chairman of the Board of Supervisors, or the Township Solicitor acting on the Board's behalf, 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.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5)
The Board of Supervisors shall keep a record of the hearing proceedings. Copies of the written or graphic material received in evidence may be made available to any party at cost, upon request.
(6)
The hearing may be continued, or a new hearing may be scheduled, provided that any subsequent hearings shall be held within 45 days of any prior hearing, unless otherwise agreed to by the applicant.
(7)
The Board of Supervisors shall render a written decision within 45 days after the last hearing before the Board of Supervisors, approving the application, approving the application subject to conditions, or denying the application. However, all hearings must be completed no later than 100 days after the completion of the applicant's case. Any aggrieved party may apply to the Court of Common Pleas for a time extension for good cause. If the Board of Supervisors fails to complete a hearing within this time period, the application shall be deemed approved. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for the final decision, as relevant.
(8)
Appeals from a determination of the Board of Supervisors pursuant to any application for a conditional use shall be only as prescribed and within such times permitted by the applicable provisions of Act 247, the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
C.
In granting conditional use approval, where such use is authorized under this chapter, the Board of Supervisors may also attach such conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of Act 247, the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq. and this chapter. Conditional uses shall be subject to compliance with particular standards contained in this chapter and criteria defined in the application review process. The standards described shall be deemed additional and shall in no way impair any other applicable standard from this or any other Township ordinance.
D.
The applicant shall have the burden to prove, by a preponderance of the evidence, that the proposed use will comply in all respects with this and other applicable Township ordinances, County, State or Federal regulations. The Board of Supervisors may retain such consultants as necessary to review and certify the accuracy of submitted plans and documents, reasonable and necessary charges therefor to be borne by the applicant. When the applicant does not provide information as required, then it shall be presumed that the proposed use is not in accordance with the requirements applicable for the granting of conditional use approval.
E.
Any grant of conditional use approval shall be deemed null and void 12 months from the date of such approval if, within that period, no application is made for a building permit, a use and occupancy permit, or subdivision or land development approval, as appropriate, unless so extended by the Board of Supervisors. Any request to extend the twelve-month expiration period shall be properly filed with the Township Secretary 30 days in advance of the expiration date. The request shall include the reason why the extension is required, a reasonable estimate of the time needed to obtain the necessary approvals, and a qualified statement that there has been no change in the conditional use application or the neighborhood in which the property is located. Failure to diligently pursue necessary approvals shall not be grounds for an extension.
6.
Criteria for Review of Conditional Use Applications. The following criteria shall be used as a guide by the Board of Supervisors in evaluating a proposed conditional use. It shall be the burden of the applicant to demonstrate compliance with all applicable criteria:
A.
Any applicant for conditional use approval shall have the burden of demonstrating to the satisfaction of the Board of Supervisors that provision is made to adequately reduce or minimize any noxious, offensive, dangerous, or hazardous feature or features thereof, as the case may be. Board of Supervisors may deny conditional use approval where applicant has failed to do so or where any use is otherwise deemed to be dangerous or potentially dangerous to the public health, welfare or safety, or which constitutes or may constitute a public hazard whether by fire, explosion, or otherwise.
B.
The use(s) proposed shall be limited to those authorized as conditional uses within the district in which the lot or parcel is situated. The property subject to conditional use application shall be suitable for the use desired.
C.
The size, scope, extent, and character of the conditional use desired shall be consistent with the spirit, purposes, and intent of the East Vincent Township Comprehensive Plan, Open Space Plan, and this chapter.
D.
The proposed use at the location set forth in the application shall be in the public interest and serve the public health, safety, and general welfare.
E.
Consideration of the character and the type of development in the area surrounding the location for which the request is made, and a determination that the proposed use is appropriate in the area and will not injure or detract from the use or value of the surrounding properties or from the character of the neighborhood.
F.
The development, if more than one building, will consist of a harmonious grouping of buildings or other structures.
G.
There will be no adverse affect of the proposed conditional use upon the logical, efficient, and practicable extension of public services and facilities, such as public water, sewers, police and fire protection, recreational opportunities, and public schools. Where appropriate, adequate arrangements for expansion or improvement of such services and facilities may be required as condition(s) of approval.
H.
The use of any new construction and proposed change in use of existing buildings will be compatible with the existing uses in the immediate vicinity and that the proposed use shall be compatible with the character of the neighborhood.
I.
If the development is to be carried out in progressive stages, each stage shall be so planned that the conditions and intent of this chapter shall be fully complied with at the completion of any stage.
J.
The location and layout of the proposed use is suitable with respect to probable effects upon highway traffic, and assures adequate access arrangements in order to protect major streets and highways from undue congestion and hazard. The Board of Supervisors may require that the applicant demonstrate that the proposed use shall not result in a lowering of the level of service on adjacent road segments and intersections as defined by the most recent edition of the Highway Capacity Manual from the Transportation Research Board. As a policy, proposed projects should incorporate designs which assure safe and efficient access and maintain a level of service "C," as a minimum, on all adjacent road segments and intersections.
K.
The interior traffic circulation shall provide safe and convenient circulation for all users, including pedestrian and vehicular modes of transit, applicant shall demonstrate that sufficient safeguards such as parking, traffic control, screening, and setbacks can be implemented to remove any potential adverse influences the use may have on adjoining uses. In addition, all emergency access design considerations shall be addressed and incorporated into the proposed plan.
L.
The adequacy of sanitation and public safety provisions, where applicable, and the necessity to provide a certificate of adequacy of sewage and water facilities from a governmental health agency in any case where required or deemed necessary.
M.
Sufficient land area shall be available to be able to effectively screen the proposed conditional use from adjoining different uses if required by the Board of Supervisors.
N.
Consideration of any other development impacts and/or proposed mitigation identified by the submitted site analyses.
O.
The Board of Supervisors may consider additional standards and criteria set forth in § 27-2009, "Standards for Review of Special Exception," to the degree the Board of Supervisors deems such standards to be applicable to review of the conditional use application.
P.
Uses shall meet all applicable provisions and requirements of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable ordinances and regulations whether or not propounded by East Vincent Township.
Q.
The Board of Supervisors may impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noise, glare, noxious, offensive or hazardous elements, adequate standards of parking and sanitation.