Haverford Township City Zoning Code
ARTICLE XII
Conditional Uses
§ 182-1201 Applicability.
[Amended 1-8-2007 by Ord. No. 2492]
The Board of Commissioners shall have the power to approve or disapprove conditional uses when this chapter specifically requires the obtaining of such approval in accordance with the procedures outlined in this article, and the Board shall give consideration to such conditional uses in accordance with the criteria set forth herein.
§ 182-1202 Application procedure.
[Amended 1-8-2007 by Ord. No. 2492]
Conditional use applications shall be governed by the following:
A.
The landowner shall make a written request to the Board of Commissioners of Haverford Township. The request shall contain a statement reasonably informing the Board of Commissioners of the matters that are at issue.
B.
The application shall be accompanied by site and building plans and other materials describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. All information required by this chapter shall accompany the application.
C.
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 Zoning Officer for the use of the Township a fee in accordance with a fee schedule adopted by resolution of the Board of Commissioners.
§ 182-1203 Public hearing required.
[Amended 1-8-2007 by Ord. No. 2492]
A.
The Board of Commissioners shall request an advisory opinion from the Township Planning Commission on any application for a conditional use; the Township Planning Commission is to submit a report to the Board of Commissioners of such advisory opinion prior to the date of the public hearing held by the Board of Commissioners on the application.
B.
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.
§ 182-1204 Method of determination.
[Amended 1-8-2007 by Ord. No. 2492]
A.
The Board of Commissioners shall render a written decision or, where no decision is called for, make written findings on the application within 45 days from the last hearing before the Board of Commissioners. The Board shall by official communication to the applicant either:
(1)
Approve the application as presented only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use.
(2)
Disapprove the application as presented.
(3)
Approve the application subject to specified conditions.
B.
Failure to act within said period shall be deemed to be a grant of approval of the application.
C.
Where an applicant requires subdivision or land development approval in addition to conditional use approval, the applicant may file applications simultaneously for both the subdivision or land development and the conditional use, in which event the Township shall review the applications simultaneously. Approval of both the subdivision or land development and the conditional use shall be required before the issuance of any zoning permits.
§ 182-1205 General standards.
[Amended 1-8-2007 by Ord. No. 2492]
In considering any conditional use permitted by this chapter, the Board shall, among other things:
A.
Assure itself that the proposed use is consistent with the spirit, purpose and intent of this chapter and the Haverford Township Comprehensive Plan.
B.
Determine that the proposed use will not substantially injure or detract from the use of the neighborhood property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.
C.
Determine that the proposed use will serve the best interests of the Township, the convenience of the community (where applicable) and the public welfare.
D.
Consider the effect of the proposed use upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection, and public schools, and assure adequate arrangements for sanitation in specific instances.
E.
Be guided in its study, review and recommendation by sound standards of land development practice, where applicable.
F.
Guide the development of state and county highway frontage insofar as possible so as to limit the total number of accesspoints and encourage the frontage of building on parallel marginal roads or on roads perpendicular to the highway.
G.
Impose such conditions, in addition to those required, as are necessary to assure that the general purpose and 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, and the minimizing of noxious, offensive or hazardous elements.
H.
Weigh each case on its own merits, separately, based upon pertinent information presented or known to the Board, and without regard to any previous case.
§ 182-1206 Standards applicable to sanitary landfills.
A.
Applications. An applicant wishing to establish and operate a sanitary landfill shall present the following with its application:
(2)
A statement from the Pennsylvania Department of Environmental Resources or its successor indicating the general feasibility of the site for development as a sanitary landfill. Such statement must indicate preliminarily the appropriateness of the site, but need not include completion of actual on-site testing for soil, groundwater and rock conditions.
(3)
Information as to the owner of the site, and relationship of the applicant to the owner.
(4)
Statements indicating the expected useful life of the site as sanitary landfill and the condition of the site upon completion of the operation.
(5)
A statement as to the estimated number of vehicles weighing over 20,000 pounds, loaded, which are expected to use the site on the daily basis, during the first two years of operation.
(6)
A statement of the applicant's prior experience, if any, in operating sanitary landfills.
B.
Requirements and standards applicable to sanitary landfills. Prior to approving a site for use as a landfill, the Board of Commissioners shall:
(1)
Require that any application for a sanitary landfill be in compliance with the requirements of the Pennsylvania Department of Environmental Resources and that, prior to the onset of operation of such landfill, a permit be obtained from the Pennsylvania Department of Environmental Resources for said operations.
(2)
Require that such landfill be so located that safe and adequate access is available over public roads at all times. In doing so, the Board may require that any road providing access to the proposed landfill be a minimum of 24 feet in width and paved with a surface and base course of sufficient depth to withstand traffic loads determined by the number and weight of trucks anticipated in the daily operation of the proposed landfill. The Board may further require that the cost of improvement of roads to provide this standard of access may be assessed against the applicant either by requiring contribution of moneys sufficient to pay for the improvement on the road or by assessing dumping fees on the operation of said landfill sufficient to pay for the improvement and maintenance of access roads.
(3)
Require that provision be made by the applicant that all trucks entering and leaving the landfill shall be covered and that as a part of the daily operation of the landfill roads used for access to the landfill be patrolled daily to pick up and dispose of scattered and blowing papers or other refuse.
(4)
Require that the landfill be properly fenced to prevent blowing papers and other nuisance on adjoining properties.
(5)
Be assured that the proposed operation will not cause a nuisance or otherwise impose a hardship on adjoining property owners and within the Township in general.
(6)
Require that the final grading of the land be done in a manner so that the land is left in a useful condition and encourage the owners and operators of the proposed landfill to provide for the future dedication of properties used for landfill purposes to the Township for park and recreational facilities.
C.
Status of application following Township approval. Approval granted shall be final, unless during the course of obtaining final approval from the Pennsylvania Department of Environmental Resources substantial variations are made in the plans submitted, in which latter event such approval shall be considered conditional only; and further application shall be made to the Board of Commissioners for final approval. Nothing in this chapter shall be construed so as to supersede or set aside any lawful requirement imposed by the Pennsylvania Department of Environmental Resources.
§ 182-1207 Standards applicable to medical marijuana dispensary uses.
[Added 6-12-2017 by Ord. No. 2810]
A.
A medical marijuana dispensary facility shall have a single secure public entrance and shall implement appropriate security measures in accordance with policies of the Department of Health of the Commonwealth of Pennsylvania to deter and prevent unauthorized entrance to areas containing medical marijuana.
B.
A dispensary facility shall not be located within 1,000 feet of the boundary of any institutional zoning district or the property line of any parcel containing an institutional zoning use, including, but not limited to, public, private and parochial schools and day-care centers. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the dispensary is located to the closest property line of the protected district or use, regardless of the municipality in which it is located.
C.
A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary facility. measured along a straight line between the closest walls of each of the two facilities.
§ 182-1208 Standards applicable to medical marijuana grower/processor uses.
[Added 6-12-2017 by Ord. No. 2810]
A.
There shall be no emission of dust, fumes, vapors, odors or waste into the environment from any grower/processor facility where medical marijuana growing, processing or testing occurs.
B.
Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with policies of the Department of Health of the Commonwealth of Pennsylvania. No such remnants or byproducts shall be disposed of in any exterior refuse container.
§ 182-1209 Standards applicable to significant tobacco retailers
[Added 4-8-2024 by Ord. No. 2997-2024]
A.
A significant tobacco retailer shall not be located within 1,000 feet of the boundary of any institutional zoning district or the property line of any parcel containing an institutional zoning use, including, but not limited to, public, private and parochial schools and day-care centers. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the significant tobacco retailer is located to the closest property line of the protected district or use, regardless of the municipality or zoning district in which it is located.
B.
A significant tobacco retailer shall not be located within 1,000 feet of the boundary of any outdoor recreation and open space zoning district. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the significant tobacco retailer is located to the closest property line of the protected district or use, regardless of the municipality or zoning district in which it is located.
C.
A significant tobacco retailer shall be a minimum distance of 1,000 feet from the next nearest significant tobacco retailer, measured along a straight line between the closest walls of each of the two facilities.
D.
Significant tobacco retailers shall cease operations between the hours of 11:00 p.m. and 10:00 a.m.
E.
No mechanical amusement devices shall be permitted within the premises of a significant tobacco retailer.
F.
No alcoholic beverages shall be served or consumed within the premises of a significant tobacco retailer.