Plymouth Township City Zoning Code
ARTICLE XXXVI
Conditional Uses
Section 3600 Powers and functions of the township council.
[Ord. No. 1019, § 13, 11-13-1989]
Where conditional uses are otherwise permitted in this Ordinance, the township council shall hold hearings and decide requests for such conditional uses in accordance with the provisions of this article. In addition to the standards and criteria explicitly stated in this section, the township council may attach to the granting of a conditional use those conditions and safeguards as it deems reasonable and necessary to implement the purposes of this Ordinance.
Section 3601 Standards of proof.
[Ord. No. 1019, § 13, 11-13-1989]
The applicant for a conditional use shall have the burden of proof in establishing that the following standards and criteria for the granting of a conditional use application by the township council after the recommendations of the planning agency have been met:
A.
The application for the conditional use falls within the provisions of this Ordinance giving the applicant the right to seek such use.
B.
Granting such use shall not be contrary to the health, safety and welfare of the public.
C.
The conditional use shall not increase the danger of fire or panic or otherwise endanger the public.
D.
Granting such use shall not result in the worsening of traffic congestion to:
1.
Cause any street having a level of service of A, B or C to worsen to an overall level of service D or lower, or any street having a level of Service D or E to worsen to the next lower level of service, at a signalized intersection, as defined by the Transportation Research Board in the Highway Capacity Manual, latest edition.
2.
Create a hazardous traffic condition by the inappropriate location of points of ingress and egress or design of other transportation facilities as determined by a professional transportation engineer or planner.
E.
The conditional use shall not overcrowd the land or create an undue concentration of population.
F.
No such use shall impair an adequate amount of light and air to adjacent properties nor be incompatible with the appropriate use of such property.
G.
The granting of the conditional use shall not unduly burden water, sewer, school, park or other public facilities.
H.
Create an adverse environmental impact on freshwater wetlands or floodplains through inappropriate grading practices, inadequate soil erosion control measures, or inadequately designed stormwater facilities, as determined by the township engineer or other designated professional engineer.
I.
The conditional use shall be in accord with the comprehensive plan and any of its implementing or supporting plans or policies.
J.
The conditional use shall comply or shall be subject to waiver therefrom under all other applicable criteria and standards of Plymouth Township Ordinances and any other applicable state or federal laws or regulations.
K.
The conditional use shall not be detrimental nor adversely affect other uses of property in the vicinity of the subject property.
L.
The owner and/or user of the conditional use shall provide or obtain waiver therefrom by township council of adequate public facilities including streets, water supply, sanitary sewerage, fire protection, stormwater control, parks and recreation uses, and other public facilities and services made necessary by said development.
M.
The plan for development for said conditional use shall be properly designed with regard to internal circulation, parking, building relationships, landscaping, ingress and egress, stormwater management, and buffering.
In all cases, the applicant's burden of proof shall include sufficient and credible evidence to fully support the assertions by the applicant that the standards and criteria in this section have been met. In any case, where the township council requests additional supporting evidence or that any other interested party disputes the applicant's assertion of having met the standards of proof, the applicant's burden of proof shall include the presentation of credible evidence sufficient to persuade the township council that the allowance of the conditional use shall not be contrary to the public interest with respect to the standard or criteria so placed in issue. |
Section 3602 Rules of procedure.
[Ord. No. 1019, § 13, 11-13-1989]
The township council shall adopt and may amend such rules of procedure in accordance with several provisions of this Ordinance as to the manner of filing applications for conditional use under said Ordinance.
Section 3603 Applications for conditional use.
[Ord. No. 1019, § 13, 11-13-1989]
Any application for a conditional use under the terms of this Ordinance may be filed with the township council, and shall state the following information:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected by the proposed conditional use.
C.
A brief description and location of the real estate to be affected by such proposed conditional use, including a location map.
D.
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
E.
A statement of the section of this Ordinance under which the conditional use may be authorized, and the reasons why such conditional use should be granted.
F.
A statement accurately describing the present improvements and the additions, if any, intended to be made under the application, indicating the size of such proposed improvements, material and general construction thereof.
G.
A plot plan of the real estate affected shall be attached to the application, indicating the location and size of the lot and the location and size of the improvements now erected and proposed to be erected thereon.
H.
All other information that is otherwise required under this Ordinance applicable to conditional uses.
Section 3604 Public hearings.
[Ord. No. 1019, § 13, 11-13-1989]
Upon the filing with the township council of an application for a conditional use, the council shall fix a reasonable time for a public hearing thereon and shall give notice as follows:
A.
By publishing a notice thereof once each week for two (2) successive weeks in a newspaper of general circulation in the township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered as the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of hearing.
B.
By mailing a notice thereof to the parties in interest.
C.
By mailing a notice thereof to the township secretary and to each member of the township council.
D.
By mailing a notice thereof to every resident or association of residents of the township who shall have registered their names and addresses for this purpose with the township council.
E.
When the township council shall so order, by mailing or delivering a notice thereof to the owner if such residence is known or to the occupier of every lot within five hundred (500) feet of the lot in question and of every lot not on the same street within one hundred fifty (150) feet of the lot; provided, that the failure to give notice as required by this paragraph shall not invalidate any action taken by council.
F.
The notice herein required shall state the location of the lot or building and the general nature of the question involved.
G.
In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one (1) week prior to the hearing.
[Ord. No. 1600, § 6, 5-11-2015]
Section 3605 Fee schedule.
[Ord. No. 1019, § 13, 11-13-1989]
Fees for the filing of an application for a conditional use permit shall be as established from time to time by resolution of township council.
Section 3606 Certificates of conditional use.
[Ord. No. 1019, § 13, 11-13-1989]
It shall be the duty of the township council to issue a certificate of conditional use in any case wherein a conditional use is granted. The township council may cancel or revoke any certificate for any violation of this Ordinance or of the conditions imposed.
Section 3607 Expiration of conditional uses.
[Ord. No. 1019, § 13, 11-13-1989]
Unless otherwise specified by the township council, a conditional use shall expire if the applicant fails to obtain a building permit or a use and occupancy permit, as the case may be, within six (6) months from the date of authorization thereof. The use granted by a conditional use approval shall expire if such use is abandoned or discontinued for a continuous period of one (1) year or longer.
Section 3608 Appeal to court.
[Ord. No. 1019, § 13, 11-13-1989]
Any person aggrieved by any decision of the township council, or any taxpayer, or any officer of the township, may, within thirty (30) days after any decision of the council, appeal such decision as provided in the Pennsylvania Municipalities Planning Code, Act 170 of 1988, as such Act may be amended or superceded.