Scott Township Columbia County
City Zoning Code
City Zoning Code
ARTICLE XV
Conditional Uses
§ 135-106 General.
The Township Supervisors may grant conditional use approval for only those uses specifically set forth in the Scott Township Code, pursuant to the express standards and criteria outlined in Article XV. In addition, the Supervisors may attach such reasonable conditions and safeguards as they deem appropriate to protect the public welfare and implement the purposes of this chapter.
A.
Application procedure. Applications for any conditional use permitted by this chapter shall be made to the Zoning Officer who shall refer such applications to the Secretary of the Township Supervisors. Upon receipt of a conditional use application, the Secretary shall forward a copy of the application to the Township Planning Commission for their review and recommendation. The Planning Commission shall conduct its review and make its recommendations within 45 days of receipt of such request.
B.
Written statement. All applications for conditional uses shall include a written statement describing the tract of land and its intended use. Such statement shall include the following information:
(1)
The location of the tract of land.
(2)
The present use of the tract for which the conditional use is requested.
(3)
The present use of adjoining tracts.
(4)
The type of conditional use for which the application is made.
(5)
A brief description of the type and extent of the proposed activities.
(6)
An estimate of the total development cost of the conditional use.
(7)
The names of the applicant, the owner of the tract, the developer of the conditional use and the person or organization who will operate the conditional use.
C.
Site plan. All applications for a conditional use shall include a site plan of the proposed development as set forth below. Such site plan shall be drawn to a scale sufficient to clearly show the features of the tract and shall include the following information:
(1)
A title block containing the name of the developer or landowner, date, scale, north arrow and the name and profession of the preparer of the plan.
(2)
Tract boundaries showing bearings and distances.
(3)
Existing significant natural or man-made features of the site.
(4)
Existing and proposed streets, rights-of-way, easements, means of access and setback lines.
(5)
Existing buildings, sewers, water mains, culverts, transmission lines, and fire hydrants on or adjacent to the site.
(6)
Existing contours at vertical intervals of five feet or less and the datum to which the elevations refer.
(7)
A proposed grading and drainage plan.
(8)
A proposed plan of any landscaping of the tract showing all paved and planted areas, screens or fences and erosion control measures.
(9)
Plans of any proposed sanitary sewer or storm sewer systems and water supply systems.
(10)
The location, size and floor plan of all proposed buildings or structures and proposed use of all buildings or structures and open or unenclosed areas of the tract.
D.
In cases where little site improvement or development is required or proposed for a conditional use, the Township Supervisors, upon recommendation of the Township Planning Commission, may waive the requirement for submittal of certain information that they deem unnecessary for their review of the application. In all cases however, the information submitted shall be adequate for review of the conditional use request.
E.
Hearing requirements. Within 60 days of the date of receipt of an applicant's application for a conditional use, the Supervisors shall select a date, advertise (pursuant to the definition of public notice), and hold the first public hearing on the proposal. Hearings shall be conducted in accordance with the procedures set forth in Article XI, § 135-83, of this chapter for Zoning Hearing Board hearings. Furthermore, written notice of the hearing shall be provided to all landowners adjoining the tract for which a conditional use is sought at least seven days prior to the hearing. The burden of presentation of the conditional use request at the hearing shall rest with the applicant.
F.
Criteria for review of conditional uses. Unless preempted by state or federal statute, the Supervisors shall, in making decisions on each application for a conditional use, consider the following general criteria, in addition to any special criteria that may be established elsewhere in the Code:
(1)
The purpose of the zone in which the requested conditional use is to be located and the compatibility of the requested conditional use with existing and potential land uses on adjacent tracts of ground.
(2)
Whether the specific site is an appropriate location for the use, structure or condition.
(3)
Whether the use developed will adversely affect the neighborhood.
(4)
Whether the use will create undue nuisance or serious hazard to vehicles or pedestrians.
(5)
Whether adequate and appropriate facilities and services will be provided to ensure the proper operation of the proposed use.
(6)
The economic, noise, glare or odor effects of the conditional use on adjoining properties and properties generally in the district.
(7)
Whether satisfactory provision and arrangement has been made concerning the following:
(a)
Ingress and egress to the property and structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow, control and access in case of fire or other emergency.
(b)
Off-street parking and loading areas.
(c)
Waste collection, storage and disposal.
(d)
Utilities, with reference to location, availability and compatibility.
(e)
Screening and buffering with reference to type, dimensions and character.
(f)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
(g)
Required yards and open spaces.
G.
Decisions.
(1)
The Supervisors shall render a decision or, when no decision is called for, make written findings on the conditional use application within 45 days after their last hearing on the proposal. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code,[1] this chapter, or other ordinance, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
H.
Failure to hold required hearing or render decision. Where the Supervisors fail to commence, conduct, or complete the required hearing or fail to render a decision within the prescribed time periods (except for challenges filed under § 916.1 of the Pennsylvania Municipalities Planning Code), the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of a violation of the prescribed time periods, the Township Supervisors shall give public notice (in the same manner as is done for the public hearing) of the decision within 10 days from the last day they could have met to render a timely decision. If the Supervisors fail to provide such notice, the applicant may do so.
I.
Expiration of decision. Unless otherwise specified by the Supervisors at the time of their action, a conditional use authorization shall expire if the applicant fails to obtain any necessary zoning and/or building permit(s) or fails to comply with the conditions of said authorization within 12 months from the date of said authorization.
J.
Appeals. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.