Halfmoon Township City Zoning Code
ARTICLE XIII
Conditional Uses
§ 255-62 Procedures for approval of conditional uses.
A.
A conditional use permit shall be issued by the Halfmoon Township Board of Supervisors, providing the following specific conditions are met:
(1)
The conditional use permit application shall not be considered as constituting a request for a hearing thereon until it is presented at a regular public meeting of the Supervisors by the applicant, and it is the responsibility of the applicant to be present in person or by representative at such meeting for the purposes of presenting the application and answering any questions which may arise. Upon written request by the applicant, the Supervisors may dispense with the applicant's personal appearance.
(2)
All applications for a conditional use permit shall be accompanied by 14 sets of plans and conform to all applicable requirements of Chapter 215, Subdivision and Land Development.
(3)
The required filing fee for a conditional use hearing will be specified by Township resolution, and from time to time also be amended by municipal resolution.
(4)
Upon receipt of an application for a conditional use permit, the Board of Supervisors shall establish the date, time and place for a public hearing on the application.
(a)
The applicant shall provide public notice, as defined by the Pennsylvania Municipalities Code, concerning the public hearing for the proposed land use. This public notice shall be published at least once in a newspaper with general circulation in the municipality not less than 10 days, nor more than 20 days before the date of the public hearing. The notice shall establish the time, date and place of the hearing and shall describe the proposal in general terms. This public notice shall be in the following form:
Notice of Conditional Use Application for a
__________ in Halfmoon Township
Public notice is hereby given that the Halfmoon Township Board of Supervisors has received a conditional use application for a proposed __________ to be located at (provide address), Tax Parcel No. 17- _____-_____. The Board of Supervisors will hold a public hearing on _____ at _____ p.m. at the Halfmoon Township Community Center Meeting Room, 100 Municipal Lane, Port Matilda, PA 16870 to receive public input on this application. A copy of the conditional use application and supporting materials is available for review prior to the hearing at the Halfmoon Township Municipal Offices at 1948 Halfmoon Valley Road, Port Matilda, PA 16870. For more information, please contact the Zoning Officer at (814) 692-9800, or the applicant at (provide telephone number and contact person).
(b)
In addition to the public hearing notice, the applicant shall provide, via certified mail, a written notice to the owners of all property within 1,000 feet of the site proposed for the conditional use. The Township shall provide a copy of the mailing list to the applicant. Copies of the certified mail return receipts shall be provided to the Township by the applicant. The public hearing shall be held no later than 60 days following the meeting at which the Township Board of Supervisors receives an application for the conditional use. The Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the governing body.
(5)
The Planning Commission shall review the application at the next legally advertised regular meeting following the receipt of the application from the Board of Supervisors or at a meeting specially called for this purpose. The Township shall mail to the applicant written notification of the Board's action with specific conditions of approval or specific reasons for disapproval within 10 days of said action by the Township Board of Supervisors.
(6)
At the first regular or special meeting of the Board of Supervisors subsequent to the Board's conducting the public hearing, the Board shall take action on such application. The Board may approve the conditional use subject to specific conditions noted in Article XIII, Conditional Uses, or may disapprove the conditional use permit with a specific list of reasons for such disapproval. The Township therefor shall mail written notification of the Board's action, with specified reasons to the applicant within five days of said action by the Township Board of Supervisors.
B.
In addition to all established subdivision/land development plan requirements, plans for conditional use proposals shall be reviewed according to the following criteria and conditions:
(1)
No conditional use shall be approved unless the Township Supervisors find the proposed conditional use:
(2)
In considering an application for a conditional use, the Township Supervisors shall consider and may impose conditions or modifications concerning the following development features, impacts and/or concerns:
(a)
Size and location of site.
(b)
Street and road capacities in the area.
(c)
Ingress and egress to adjoining public streets.
(d)
Location and amount of off-street parking.
(e)
Internal traffic circulation system.
(f)
Fencing, screening and landscaped separations.
(g)
Building and off-street parking lot setbacks from property lines.
(h)
Density, building bulk and location.
(i)
Open space that can be used for passive and/or active recreation.
(j)
Lighting.
(k)
Noise, air pollution, water pollution and other environmental influences.
(l)
Potential negative impacts of erosion, sedimentation and stormwater as a result of the proposed development.
(m)
Potential impacts to surface and/or groundwater quality issues.
(n)
Potential negative transportation impacts that the development may have on Township streets and/or roads.
(o)
Any other unreasonable potential negative impact(s) on the general health, safety and welfare of Halfmoon Township residents.
(3)
No approved conditional use shall be modified, structurally enlarged or expanded in ground area unless the plan is amended and approved in accordance with procedures applicable to initial approval of the conditional use permit.