Radnor Township City Zoning Code
ARTICLE XXIII
Conditional Uses
[Added 5-14-1990 by Ord. No. 90-20]
§ 280-134 Intent.
This chapter provides for certain uses to be permitted within the Township as conditional uses. In so providing, the Board of Commissioners recognizes that these uses may or may not be appropriate at every location within any specific district and, accordingly, has established standards and criteria by which it can evaluate and decide upon applications for such uses. It is intended that these uses, constituting major uses having the potential for substantial impact upon the community, shall comply with the standards for conditional uses hereinafter set forth, in addition to the relevant stipulations of the district in which the conditional use is authorized. In the sole discretion of the Board of Commissioners, failure to comply with these standards may be deemed a basis for denial or for the imposition of appropriate conditions upon a grant of approval. Where there is a conflict between the standards set forth in this article and other standards elsewhere established by this chapter or other applicable ordinances, it is intended that the more stringent standards shall apply, and it is not the intent of this article to abrogate or impair any other such standards or requirements.
§ 280-135 Application submission and content.
A.
It shall be the burden of the applicant to demonstrate compliance with the standards for conditional use contained in this article and with any other relevant stipulations of this chapter and to indicate means by which potential impacts from the proposed use will be mitigated.
B.
An application for conditional use approval shall be submitted on a form provided by or otherwise acceptable to the Township and shall be accompanied by an application fee, the amount of which shall be established by ordinance enacted by the Board of Commissioners.
C.
A generalized site plan shall be submitted as part of any conditional use application. It is not intended that such a plan be engineered or contain a fixed architectural layout, such as would be required under Chapter 255, Subdivision of Land. The plan shall, however, demonstrate compliance with all applicable standards for approval of the conditional use, including those cited in Subsection F below.
D.
The scale of the generalized site plan shall be one inch equals 50 feet.
E.
Where specific conditional use submission requirements are contained within another Article of this chapter and are applicable to a particular conditional use authorized by that Article, those requirements shall be adhered to and shall prevail in any instance of conflict or overlap.
F.
In addition to demonstrating compliance with all standards applicable to the conditional use being requested, the generalized site plan shall show the applicant's intentions with regard to the following:
(1)
Site access, interior circulation and parking.
(2)
Location, approximate dimension and arrangement of all areas devoted to ground cover, trees, screening and buffering, other planting, open space, recreation and similar purposes, as applicable.
(3)
Adequate handling of stormwater, in the form of a preliminary written analysis and conclusions as to anticipated methods, prepared by a registered professional engineer.
(4)
Location, planned uses, approximate overall dimensions, gross floor area, coverage and height of each building or structure.
G.
Development impact statement.
[Added 3-31-2014 by Ord. No. 2013-21]
(1)
For any application filed pursuant to Article XXIII of this chapter, a development impact statement shall be submitted with the application. To ensure that a proposed use will not have an adverse effect upon the natural features of the site, as well as upon the provision of light and air, water, transportation, police and fire protection, schools, utilities and other public facilities, the Board of Commissioners and the Township Planning Commission shall evaluate the impact of the development upon the site, the surrounding neighborhood, and the facilities and services of Radnor Township as listed below. The applicant shall provide all of the information, data and studies needed to fully evaluate these items. Such statement shall contain the following:
(a)
An analysis of the consistency of the proposed use with the Radnor Township Comprehensive Plan, as amended. The analysis shall include, but not be limited to, the compatibility with environmental and natural resources; housing, demographics, and socioeconomics; business and economic development; transportation and circulation plan; open space and recreation; historical and archaeological resources; community services and facilities; and the land use plan sections of the Comprehensive Plan.
(b)
The impact of the proposed use on floodplains, waterways, heavily wooded areas, steep slopes, and other sensitive natural features located upon and adjacent to the site, if any.
(c)
The proposed use's impact on the Township and regional transportation system(s) and the ability of adjacent streets and intersections to efficiently and safely handle the traffic generated by the proposed development. This analysis shall include all modes of transportation and shall be based on current Pennsylvania Department of Transportation (PennDOT) requirements within their Policies and Procedures for Transportation Impact Studies (PennDOT Strike-off Letter 470-09-4, dated 2009, as amended). The applicant shall address any measures proposed to be implemented in order to mitigate any adverse impacts.
(d)
The proposed use's impact on the Radnor School District, including an estimate of new pupils generated by the proposed development.
(e)
The proposed use's impact on nearby commercial facilities within the Township and surrounding municipalities.
(f)
The proposed use's impact on public utilities, including but not limited to sewage disposal, water supply, storm drainage, and electrical utilities.
(g)
The proposed use's impact upon the provision of police and fire protection.
(h)
The proposed use's impact on the Township's open space and recreation facilities.
(i)
The proposed use's impact upon the character of the surrounding neighborhood. The applicant must show the proposed development will not adversely affect the surrounding neighborhood and what measures are proposed to mitigate any potential impacts.
(j)
An analysis of the proposed use's fiscal impacts upon the county, Township, and school district.
(2)
Required documentation for the statement shall include the following, if applicable:
(a)
A conditional use plan for the proposed development, identifying all proposed uses to be located on the site, and demonstrating compliance with the area, bulk and dimensional requirements for the proposed use. The conditional use plan shall be submitted in the form of a sketch plan containing the information required by § 255-19 of the Township Subdivision and Land Development Ordinance.
(b)
The applicant shall provide conceptual architectural renderings (perspectives and elevations) of the proposed development.
(c)
The location and size of the site, with evidence supporting the general adequacy for development.
(d)
The proposed residential density of the development and the percentage mix of the various dwelling types.
(e)
The location, size, accessibility and proposed use of the open space, manner of ownership and maintenance, and a copy of the covenant to be incorporated in the individual deeds, if applicable.
(f)
Conceptual landscape plans showing locations of trees and shrubs and other landscape improvements (e.g., berms, fences) as necessary to mitigate the adverse visual impacts which the proposed actions will have on the property, adjoining properties and the Township in general. This shall include improvements to the streetscape adjacent to the property boundaries.
(g)
Conceptual plans of proposed utility and drainage systems.
(h)
A phasing plan describing how the proposed development will be implemented (if applicable).
(i)
Plans and renderings indicating the design, unity and aesthetic relationship of building and landscaping within the proposed development with that of the surrounding area.
(j)
The text of covenants, easements and existing restrictions or those to be imposed upon the land or structure, including provisions for public utilities, and trails for such activities as hiking or bicycling, if applicable.
H.
All applications shall submit approvals and or documents evidencing sufficient sanitary sewer capacity to serve the proposed use. Failure to do so shall constitute reason to reject the application.
[Added 8-19-2024 by Ord. No. 2024-04]
§ 280-136 Application review procedure.
A.
The application shall be reviewed by the Zoning Officer. If it is deficient with regard to any required components, procedures or fees, the Zoning Officer shall so notify the applicant. This review and notification shall occur prior to the scheduling of a public hearing on the application. If such identified deficiencies are not remedied in the form of a resubmitted application, such deficiencies shall constitute potential grounds for denial of the application by the Board of Commissioners, subsequent to public hearing.
B.
The Board of Commissioners shall schedule and hold a public hearing on the application, pursuant to public notice, within 60 days of filing, unless the applicant, in writing, waives or extends the time limitation.
C.
At least 30 days prior to the date of the hearing, one copy of the application shall be furnished to the Township Planning Commission. The Board shall request that the Planning Commission submit recommendations to the Board for consideration within a time frame established by the Board for reaching a final decision on the application. The Planning Commission, in its review of the conditional use application, shall evaluate, in particular, the generalized site plan in relation to the Township Comprehensive Plan and the physical development of the Township.
D.
A stenographic record of the hearing proceedings shall be made by a court reporter. Any party requesting the original transcript or a copy of the transcript shall bear the cost of the same.
E.
Upon review of the application in terms of the standards and criteria of this chapter, the Board of Commissioners shall render a decision within 45 days of completion of the public hearing process.
F.
In approving a conditional use application, where such use is authorized under this chapter, the Board of Commissioners may, at its sole discretion, attach such conditions to its approval as it deems necessary to further the purposes of this chapter. Such conditions may include, but need not be limited to:
(1)
Specific modifications to otherwise applicable area and bulk requirements.
(2)
Provisions for additional utility or traffic safety facilities.
(3)
Securing of additional easements or property to assure proper site design.
(4)
Modification to the applicable design standards.
G.
If the Board of Commissioners approves the application and accompanying generalized site plan, such approved plan shall accompany any application for subdivision or land development as prescribed by Chapter 255, Subdivision of Land, in addition to the detailed working drawings normally required, and any application for a building permit. The issuance or rejection of a building permit shall take place in the regularly prescribed manner herein pertaining to building permits, but shall be preceded by compliance with Chapter 255, Subdivision of Land.
H.
Any grant of conditional use approval shall be deemed null and void six 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 the Board of Commissioners shall grant an extension.
§ 280-137 Standards for approval.
A.
The following standards shall be used by the Township as a guide in evaluating and acting upon any application for conditional use approval:
(1)
The proposed use shall meet all of the specific standards and regulations for eligibility which are contained in the section of this article that authorizes the proposed conditional use.
(2)
The proposed use shall meet the standards set forth in § 280-145 that otherwise apply to the review of special exception and variance applications.
B.
The Board of Commissioners shall weigh each case on its own merits, separately, based upon pertinent information presented or known to it and without regard to any previous case.
C.
A landowner who has filed a conditional use application shall not submit any new or additional conditional use applications involving the same parcel, group of parcels or part thereof until such time as the landowner's original application has been finally determined or withdrawn.
[Added 8-19-2024 by Ord. No. 2024-04]
