Foster Township City Zoning Code
ARTICLE VII
Conditional Uses
§ 255-701 Purpose.
The purpose of a use classified as a "conditional use" is to provide expressed standards to regulate uses classified as such in particular zoning districts, as provided in Article V of this chapter.
§ 255-702 General provisions.
The authority for approving or denying applications for uses permitted as a conditional use shall be vested in the Foster Township Board of Supervisors, with the Foster Township Planning Commission having the authority to review and submit its recommendations to the Board of Supervisors. Decisions by the Board of Supervisors shall be made in accordance with standards and criteria set forth in this article, any studies and reports required within the context of an impact analysis, as so defined in Article II of this chapter, the respective zoning district in which the use is located, all other applicable regulations of this chapter, other ordinances of the Township and all applicable state and/or federal regulations.
§ 255-703 Plans, information and procedures for conditional uses.
The procedure for approval or denial of a conditional use shall be in accordance with the following:
B.
Such plan shall, at minimum, indicate:
(1)
The location and size of all buildings and structures, both principal and accessory, both existing and proposed.
(2)
The location of all off-street parking areas and/or loading and unloading areas.
(3)
The location of all open space areas, including buffer areas and fencing, as applicable.
(4)
Traffic access to the site and internal traffic circulation, including the width and pavement of traffic lanes, and aisle widths.
(5)
All streets both public and private within 200 feet of the site, including right-of-way and cartway widths.
(6)
Streams, ponds, watercourses, wetlands, or any other types of bodies of water, including natural or man-made drainage swales, located on the site or within 200 feet of the site.
(7)
Any areas of the property that are subject to flooding, including but not limited to the boundaries of any FEMA-designated 100-year floodplains, based upon the most recent Flood Insurance Rate Maps (FIRM) for the Township.
(8)
The location, nature and terms of any existing or proposed easements on the site, and any easements both on-site and off-site which are used or intended to be used for access to the site, including the name and address of the owner or owners granting such easement.
(9)
The location of any residential structures which border the site on an adjoining lot and/or those within 200 feet of any property boundary line of the subject site.
(10)
The map, block and lot number of the subject parcel, as contained in the records of the office of the Luzerne County Recorder of Deeds.
(11)
A location map at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Township.
(12)
New construction or grading.
(a)
In cases when a proposed use includes new construction and/or grading of the site, the applicant, in addition to compliance with Chapter 192, Stormwater Management, of the Code of the Township of Foster, shall provide upon the site plan the contours of the site at vertical intervals of:
(b)
Topography data shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS bench marks.
(13)
If applicable, the applicant shall submit a soil erosion and sedimentation plan and/or NPDES permit for review and approval by the Luzerne County Conservation District.
(14)
The applicant shall submit with the site plan a narrative that outlines and fully describes all proposed uses or development of the site, along with all pertinent operational aspects, features and/or activities related to the proposed uses or development of the site.
(15)
The applicant shall supply any other information required by the Foster Township Board of Supervisors for determining the conformance of the conditional use with the regulations for that particular use.
C.
Prior to approving or denying an application for a conditional use, the Board of Supervisors shall conduct a public hearing pursuant to public notice. The Board of Supervisors shall submit the application for the proposed conditional use to the Foster Township Planning Commission, not less than 30 days prior to the public hearing, to allow the Planning Commission to submit any such recommendations as it may deem appropriate.
D.
The public hearing shall be held and conducted in accordance with the same procedural guidelines which govern the Zoning Hearing Board under Article XV of this chapter. The term "Board of Supervisors " shall replace the term "Zoning Hearing Board" in relevant passages of said article.
E.
The Board of Supervisors shall convene a hearing on a conditional use application within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of time. The sixty-day time period shall not commence until the applicant has submitted a properly completed application, with all required signatures and all required fees. Each subsequent hearing shall be held within 45 days of the prior hearing unless otherwise agreed to by the applicant, in writing or on the record.
F.
Decision by Board of Supervisors.
(1)
The Board of Supervisors shall render a final decision on a conditional use application within 45 days following the conclusion of the last public hearing. If the Board of Supervisors fails to render a final decision within 45 days following the conclusion of the last public hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time.
(2)
If the Board of Supervisors fails to conduct or complete the required hearing as provided for under § 255-1506D of this chapter, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time.
(3)
When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as hereinabove provided, the Board of Supervisors shall give public notice of the decision within 10 days of the last day it could have met to render a decision in the same manner as required by public notice. If the Board of Supervisors fails to provide such notice, the applicant may do so.
G.
The Board of Supervisors may grant an approval for a conditional use upon its determination that adequate evidence and information has been provided, which indicates the applicant's proposal meets the general and specific requirements for the type of conditional use in question, and any additional conditions and safeguards deemed necessary to protect the public health, safety and general welfare.
§ 255-704 General standards.
A.
The general standards contained herein shall be utilized in the review of applications and plans for any use which is classified as a conditional use.
(1)
The proposed use shall not jeopardize community development objectives, and is generally consistent with those as set forth in Article I of this chapter.
(2)
Public services and facilities such as streets, sewers, water, police, and fire protection shall be adequate for the proposed use and/or development.
(3)
Existing streets and proposed access to the site shall be adequate regarding the width and pavement for emergency service vehicles.
(4)
The proposed use shall not adversely affect the public health, safety and welfare due to changes in traffic conditions. Existing streets and proposed access to the site shall be adequate to accommodate anticipated traffic volumes in a manner that avoids undue traffic congestion and provides for the safety and convenience of pedestrian and vehicular traffic. The proposed use shall not result in unsafe or dangerous traffic conditions.
(5)
The proposed use shall be compatible with adjoining development and the character of the zoning district and neighborhood in which it is proposed to be located. The nature and intensity of the operation of the proposed use shall be considered regarding its compatibility or lack thereof.
(6)
The proposed use shall not adversely affect neighborhood property values and aesthetic characteristics in the neighborhood where it is proposed to be located.
(7)
The proposed use shall not adversely affect the public health, safety and welfare as related to drainage, air quality, noise and natural features of the land. The proposed use and/or development shall not be more objectionable in its operations in terms of noise, fumes, odors, vibration, or lights than would be the operations of any permitted use in the subject zoning district.
(8)
The submission of any reports and/or studies required by the Board of Supervisors within the context of the definition of "impact analysis" as contained in Article II of this chapter, which conclusively demonstrates that the proposed use or development will not have a negative impact upon the particular subject or subjects, as defined by the Board of Supervisors, in requiring such reports and/or studies.
(9)
The proposed use and/or development shall not be injurious to the public interest.
§ 255-705 Environmental impact statement.
In addition to all other requirements, an environmental impact statement shall be required for any use/development which is classified as a conditional use. The Board of Supervisors, at its sole discretion, may exempt a use from the submission of an environmental impact statement, in whole or in part. Consideration of an exemption must be preceded by a written request submitted by the applicant which addresses the basis for the requested exemption. The purpose of the environmental impact statement is to disclose the environmental consequences of a proposed action. This requirement is designed to protect the natural environment with respect to water quality, water supply, soil erosion, pollution of any kind, flooding and waste disposal. The intent is to preserve trees and vegetation, to protect watercourses, air quality, aquifers and the quality of life throughout Foster Township and its environs. An environmental impact statement shall require a site plan which illustrates the applicable information for the following items and/or a written response to the following items for said proposed use/development which is classified as a conditional use.
B.
Surface waters.
(1)
Distance of site from the nearest surface water and headwaters of streams.
(2)
Sources of runoff water.
(3)
Rate of runoff from the site.
(4)
Destination of runoff water and method of controlling downstream effects.
(5)
Chemical additives to runoff water on the site.
(6)
Submission of a soils erosion and sedimentation control plan meeting the requirements of the Luzerne County Conservation District.
(7)
A stormwater management plan which shall be developed in coordination with the soils erosion and sedimentation plan.
G.
Sewage system.
(1)
Sewage disposal system (description and location on the site of system).
(2)
Expected content of sewage effluents (human waste, pesticides, detergents, oils, heavy metals, and other chemicals).
(3)
Projected daily volumes of sewage.
(4)
Affected sewage treatment plant's present capacity and design capacity.
K.
Impact of proposed use/development. A description of the impacts on the environment and mitigating factors shall be provided for the following:
(1)
Existing plant species (upland and marine) and effects thereon.
(2)
Existing animal species and effects thereon.
(3)
Existing wild fowl and other birds and effects thereon.
(4)
Effects of drainage and runoff.
(5)
Effects on groundwater quality.
(6)
Effects on surface water quality.
(7)
Effects on air quality.
(8)
Alternatives to proposed use/development consistent with the zoning of the site.
(9)
Projected amount and type of traffic to be generated and the effects of the same on public roads and highways.
L.
Impact upon critical areas. The applicant shall define, describe and identify upon a map critical areas as defined in Article II of this chapter. A statement of any potential impact upon critical areas shall be provided by the applicant, including but not limited to adverse impacts which cannot be avoided and/or mitigated as a resulting effect of the development.
M.
Other governmental jurisdiction. A list of all licenses, permits and other approvals required by county, state or federal law and the status of each.
N.
Review procedure of environmental impact statement.
(1)
Upon receipt of an environmental impact statement, the Board of Supervisors shall promptly forward the environmental impact statement to the Township Planning Commission, the Township Planning Consultant, the Township Engineer and any other agency, firm or individual which the Board of Supervisors may desire for its consultation and input.
(2)
The Planning Commission shall review the applicant's environmental impact statement and provide the Board of Supervisors with its comments and recommendations within 30 days of the date of its submission to the Planning Commission.
(3)
The Board of Supervisors shall have the discretion to retain the expertise of appropriate parties in its review of the environmental impact statement.
(4)
In the event that any information, data, and/or impact analysis indicates a projected and/or potential adverse impact, the applicant shall fully mitigate such impact. A determination of a potential adverse impact which may result, based upon the environmental impact statement or the Board of Supervisors's review of same, shall constitute sufficient basis for the denial of a conditional use permit.