Rush Township Centre County
City Zoning Code
City Zoning Code
ARTICLE V
Conditional Uses
§ 335-5-1 Application procedures.
A.
Application for a conditional use hereunder shall be made to the Township Secretary, who shall refer such application to the Planning Commission. In addition, the Planning Commission shall forward a copy of the application to the Board of Supervisors for its review and information. The Planning Commission shall consider the proposal and shall transmit its recommendation that the Supervisors either approve or disapprove within 30 days of receipt.
B.
All applications for such uses shall include a written statement describing the tract of land and its intended use and a site plan of the purposed development or area developed in accordance with the following criteria:
(1)
The written statement. The written statement shall contain the following information:
(a)
The location and size of the tract of land.
(b)
The present use of adjoining tracts.
(c)
The present use of the tract for which the conditional use is proposed.
(d)
The type of conditional use for which the application is being made.
(e)
A detailed description of the type and extent of the activities to take place on the land.
(f)
An accurate estimate of the total development cost of the conditional use.
(g)
The names, addresses and phone numbers of the applicant, the owner, the developer of the conditional use, the person or organization which will operate the conditional use. When any of the above are corporate entities, the names, addresses and phone numbers of the chief executive officers of those corporate entities shall be listed. If any corporate entity listed hereunder is owned or controlled by another corporate entity or parent company, the same information shall be supplied for the parent company.
(h)
Failure to provide accurate, current or complete information with regard to any of the above shall constitute grounds for rejection of the application. Should said failure to provide accurate and complete information become apparent after the issue of a conditional use permit, said permit may, at the option of the Township Board of Supervisors, be revoked and the Township may proceed against the parties as if they had never obtained a permit.
(2)
The site plan. The site plan shall be drawn to scale sufficient to clearly show the features of the tract and shall show:
(a)
A title block containing the name of the developer or landowner, date, scale and name profession of the preparer or the plan.
(b)
Tract boundaries showing bearings and distances.
(c)
Existing significant natural or man-made features of the site.
(d)
Existing and proposed streets, rights-of-way, easements, means of access and setback lines.
(e)
Existing and proposed buildings, sewers, water mains, culverts, transmission lines, utilities and fire hydrants on or adjacent to the site.
(f)
Proposed grading and drainage plan.
(g)
Proposed plan of landscaping for the tract, showing all paved and planted areas, screens, buffer zones and fencing.
(h)
Plans of any proposed sanitary sewer or storm sewer systems including a stormwater management plan, as appropriate, and water supply system.
(i)
Location, space and floor plan of all proposed buildings or structures and proposed use of all buildings, structures, enclosed and open areas of the tract.
(j)
Failure to provide accurate or complete information with regard to any of the above shall constitute grounds for rejection of the application. Should said failure to provide accurate and complete information become apparent after the issuance of a conditional use permit, said permit may, at the option of the Township Board of Supervisors, be revoked, and the Township may proceed against the parties as if they had never obtained a permit.
§ 335-5-2 Criteria for conditional use.
A.
The Planning Commission shall consider the following criteria in making its recommendations:
(1)
The purpose of the zone in which is requested conditional use would be located and the compatibility of the requested conditional use with the existing and potential land uses on adjacent tracts of land.
(2)
Whether the specific site is an appropriate location for the use, structure or condition with regard to the problems of water supply, sewage and waste disposal and potential for pollution of water supplies downgradient should some system fail at the site.
(3)
Whether the use as developed will adversely affect the neighborhood, including but not limited to property values, health, safety, character of the neighborhood and increase in traffic, noise and congestion.
(4)
Whether the use as developed will create nuisance or hazard to vehicles and pedestrians.
(5)
Whether adequate and appropriate facilities will be provided to ensure the proper continuing operation of the proposed use.
(6)
The economic, noise, glare or odor effects of the proposed use on adjoining and nearby properties and properties generally in the district.
(7)
Whether satisfactory provision and arrangement have been made for the following:
(a)
Ingress and egress to the property and structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
(b)
Off-street parking and loading areas.
(c)
Refuse storage and service areas.
(d)
Utilities, with reference to location, availability and compatibility.
(e)
Sewage and wastewater treatment and disposal.
(f)
Stormwater management.
(g)
Drinking water supply.
(h)
Screening and buffering with reference to type, design, dimension and character.
(i)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect may be brought to their attention.
B.
Presentation of material. In presenting material relevant to any portion of this article, the burden of proof shall be on the applicant to affirmatively demonstrate that the criteria have been addressed and the criteria have been, or will be, met insofar as possible. Failure to meet the burden of proof shall be grounds for the rejection of the application or an adverse recommendation.
C.
Presenting material at public hearing of the Board of Supervisors.
(1)
The applicant and members of the public shall be afforded an opportunity to present material, evidence and plans, as appropriate, at a public hearing held by the Board of Supervisors pursuant to public notice after the Board has received the recommendation of the Planning Commission. The Board of Supervisors shall decide on a conditional use permit application only after having afforded the applicant, the public and the Planning Commission the opportunity to give evidence and comment at a public hearing.
(2)
Should questions arise than cannot be answered at the initial public hearing, the Board may schedule additional public hearings as may be necessary.
(3)
The Board shall either grant or deny the permit within 45 days following the last public hearing on the conditional use application.
D.
Bonding and financial security. The Board of Supervisors may require that bonds or other forms of financial security be given by the applicant to ensure that work such as reclamation be accomplished or that sewage and water systems will be properly maintained or in any instance where the Board of Supervisors feels that such security is necessary. The terms of such bond or other security shall be as the Board of Supervisors, in consultation with the Township Solicitor and the Planning Commission, shall find appropriate.
E.
Other terms and conditions. In addition to the above, the Board of Supervisors may make other such conditions as it deems necessary to protect the health, welfare and safety of the Township residents a condition of approval for a conditional use permit hereunder. Such conditions may include, but are in no way limited to: the construction and maintenance of test or monitoring wells, regular testing of effluents, the construction of embankment walls to contain spills and similar measures to tract and test the effectiveness of waste treatment systems, contain or limit damage should some system or storage fail and the like.
F.
Decision of the Board.
(1)
The Board of Supervisors shall be in no way obligated to render a favorable decision on a conditional use application merely because the applicant has made a proper application and presented material to the Planning Commission and the Board of Supervisors.
(2)
Furthermore, more economic expedience or the fact that land was purchased, subdivided or sold with the expectation of obtaining a conditional use permit or that the landowner or developer has gone to considerable monetary expense to prepare plans and applications hereunder or that any other (conforming) use of the land will not be as profitable shall not, in and of themselves, be reasons for granting a conditional use hereunder.
(3)
The Board of Supervisors may reject any application, although properly and timely filed, and meeting all of the requirements hereunder if, in their view, after receiving the recommendation of the Planning Commission, and allowing the applicant to present evidence on his own behalf, and hearing comment from the public, such use would not be in the best interest of the residents of the Township.
§ 335-5-3 Additional conditional use requirements.
§ 335-5-4 Mobile home parks.
Every proposed mobile home park must meet the requirements of Article VII of Chapter 290, Subdivision and Land Development, in addition to the requirements of all other applicable Township and county rules, regulations and ordinances. Where there is a conflict between the provisions of two or more applicable ordinances, the more stringent requirement shall apply.
§ 335-5-5 Airports.
All airport facilities shall meet the standards set forth in Chapter 90, Airport Zoning, and all other applicable state, federal or local regulations shall apply.