Solebury Township City Zoning Code
PART 29
ADMINISTRATION
§ 27-2901 Administration and Enforcement.
[Ord. 94, 6/8/1988, § 2100]
1.
There shall be a Zoning Officer who shall be appointed by the Board of Supervisors and may not hold any elected office in the Township. The Zoning Officer's duties shall include, but not be limited to, the following:
A.
Enforce all provisions of this chapter and all amendments thereto.
B.
Receive and examine all applications for zoning permits and issue zoning permits only for any use which conforms to this chapter and other Township ordinances.
C.
Refer applications for special exceptions to the Zoning Hearing Board.
D.
Issue permits for construction of structures or uses requiring a special exception or variance only upon order of the Zoning Hearing Board. Permits requiring approval by the Board of Supervisors, such as conditional use approval, shall be issued only after authorization from the Board of Supervisors.
E.
To receive application for interpretation appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.
F.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
G.
Issue stop, cease, and desist orders, and order in writing correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Zoning Officer, and any person violating such order shall be guilty of a violation of this chapter.
H.
Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint.
I.
Receive applications for conditional uses, curative amendments and zoning changes, forwarding requests to the Board of Supervisors, Planning Commission, and other appropriate agencies.
J.
Process zoning permit applications for all permitted uses. For the following uses with 12,000 square feet or more of building area, the Zoning Officer shall receive and submit applications and plans to the Board of Supervisors, the Planning Commission, and the Township Engineer for review under the provisions of Part 5, "Design Standards," and Part 6, "Required Improvements," of the Township Subdivision and Land Development Ordinance [Chapter 22], and the provisions of this chapter:
K.
Maintain, or cause to have maintained, a map or maps showing the current zoning classification of all land in the Township.
L.
Issue use and occupancy permits in accordance with the terms of this part.
§ 27-2902 Requirement for Zoning Permit.
[Ord. 94, 6/8/1988, § 2101; as amended by Ord. 113, 1/16/1990, §§ 91, 92; by Ord. 116, 3/6/1990, §§ 4, 5; by Ord. 153, 5/3/1994, § 1; by Ord. 203, 5/6/2003, §§ II–V; by Ord. 2007-6, 9/4/2007, § 08; and by A.O.]
1.
No use may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed, removed, and no building used or occupied, changed in nonresidential use occupancy, until a zoning permit has been obtained from the Zoning Officer. A zoning permit shall be required for a project in excess of 100 square feet or in excess of $2,500 in cost. Within the Historic Districts, a certificate of appropriateness must be obtained whether or not a zoning permit is required. Upon completion of change in use or construction, reconstruction, alteration or moving structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this chapter and in compliance with the Uniform Construction Code as adopted in Chapter 5, Part 1.
[Amended by Ord. 2017-7, 8/15/2017]
A.
All applications for zoning permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent on a form supplied by the Township and shall be filed with the Zoning Officer. The application shall include four copies of the following information:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout plan drawn to scale of no smaller than one inch equals 50 feet showing the location, dimensions, and height of proposed buildings, structures, or uses and any existing buildings in relation to property did street lines. If the application relates to property scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property. The site layout plan shall also meet the requirements of § 27-2203 and demonstrate compliance with all natural resource protection standards in the Zoning Ordinance and, as applicable, the Subdivision and Land Development Ordinance.
[Amended by Ord. No. 2021-007, 10/19/2021]
(3)
The location, dimensions, and arrangements of all open spaces, yards and buffer yards, including methods to be employed for screening.
(4)
The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
(5)
The dimensions, location and methods of illumination for signs, if applicable.
(6)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sanitary sewage and industrial wastes, water supply, and storm drainage. Provisions for stormwater management shall be made in compliance with the Township Subdivision and Land Development Ordinance [Chapter 22]. Provisions for water supply shall be made in compliance with § 22-528 of the Township Subdivision and Land Development Ordinance [Chapter 22] and § 27-2902, Subsection 1D, of this chapter.
(8)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(9)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, fire hazards, traffic congestion or other safety hazards.
(10)
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(11)
A statement as to whether the property is subject to a conservation easement, and if so, a copy of the conservation easement shall be attached to the zoning permit application.
(12)
Any other data deemed necessary by the Zoning Officer in order to determine compliance of the proposed development with the provisions of this chapter.
B.
No permit for any new use or construction which will involve the on-site disposal of sewage, and no permit for a change in use or an alteration which will result in an increased volume of sewage to be disposed of on the lot, shall be issued until approval has been granted by the Bucks County Department of Health.
C.
No permit for any new use or construction which will use public sewage facilities, and no permit for a change in use or an alteration which will result in an increased volume of such sewage shall, be issued until approval of the connection has been granted by the servicing authority.
D.
No permit shall be issued until the following requirements for private water supply are met:
(1)
Private Water Supply. In all districts except Residential Development District (RD), Traditional Neighborhood Commercial District (TNC), Small Lot Residential District (R-1), and Parcel D of the RD-D District, water shall be furnished by the owner on an individual lot basis. If a well is installed on a lot, the well shall be of the drilled type, cased and grout-sealed into the bedrock. The well shall have a production of not less than six gallons per minute as established by bailor tests certified by the well driller or an equivalent test satisfactory to the Township Engineer. Prior to the issuance of a building permit and upon completion of the installation of any private well, the owner of the premises upon which the well has been installed shall produce a certificate of potability for water within the well in compliance with the standards set forth in the Federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., a certificate setting forth the rate of flow of water from the well stating that the overall withdrawal from a given well does not exceed the anticipated recharge, and information stating the depth of water and the geologic description. In addition, the quality of the water produced by the well shall be tested to determine compliance with the following maximum contaminant limits by a Water Quality Laboratory certified by the Department of Environmental Protection of the Commonwealth of Pennsylvania:
Physical Characteristics: | ||
Turbidity | 5 units | |
Color | 15 units | |
Threshold | 3 units | |
pH | 6.5-8.5 | |
Chemical Characteristics: | ||
Chloride | 250.00 mg/l (ppm) | |
Nitrate/Nitrite Nitrogen | 10.00 mg/l (ppm) | |
Iron | 0.30 mg/l (ppm) | |
Sodium | 20.00 mg/l (ppm) | |
Manganese | 0.05 mg/l (ppm) | |
Copper | 1.00 mg/l (ppm) | |
Hardness | 250.00 mg/l (ppm) | |
Detergent (MBAS) | 0.50 mg/l (ppm) | |
Total Dissolved Solids | 500.00 mg/l (ppm) | |
TCE (Trichloroethylene) | 4.5 micrograms/l (ppb) | |
Phenol | 5.00 mg/l (ppm) | |
Bacteriological Characteristics: | ||
Total Plate Count | Less than 500 counts per ml | |
Fecal Coliform | Less than 1 colony per 100 ml |
E.
No permit for any new use or construction shall be issued until approval has been granted and/or permits have been issued by all other applicable agencies (federal, state or county) such as PennDOT, PaDEP, the U.S. Army Corps of Engineers, and the like.
F.
No permit shall be issued if the activity proposed on the property violates a conservation easement to which the property is subjected.
G.
The Zoning Officer shall render a decision either approving or disapproving the applications for a zoning permit within 30 days after the application is filed provided that any disapproval of the application shall be issued within said thirty-day period containing a brief explanation setting forth the reasons for said disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval. If no decision is rendered on the application within 30 days, the application shall be deemed to have been denied, unless the applicant has agreed in writing to an extension of time.
H.
Upon the issuance of the permit and until construction or alteration is completed, the permit shall be displayed prominently on or attached to the building or lot for which issued, so that the same can be observed from the outside.
§ 27-2903 Life of a Permit.
[Ord. 94, 6/8/1988, § 2102]
1.
The activity authorized by a zoning permit shall be commenced, and any change in use of a building or land authorized by a zoning permit shall be undertaken, within one year after the date of issuance of the permit. If not, the permit shall be considered null and void. However, in case of erection or construction of a building, the right to proceed with construction may be extended annually without additional fees for a period of not more than three years, provided that the construction pursuant to said permit has commenced within the first one-year period.
2.
Special exceptions, variances and/or conditional uses shall be treated in accordance with § 603(b)(2.1) of the Municipalities Planning Code, 53 P.S. § 10603(b)(2.1).
§ 27-2904 (Reserved) [1]
[1]
Editor’s Note: Former § 27-2904, Duration of Permits for Bed-and-breakfast Inns, adopted by Ord. 94, 6/8/1988, § 2103, was repealed by Ord. 2018-005, 6/19/2018.
§ 27-2905 Driveway Permits.
[Ord. 94, 6/8/1988, § 2104]
1.
No zoning permit required by the provisions of this chapter shall be issued when construction or alteration of a building or structure is planned and when a driveway is to be utilized until the applicant has obtained a driveway permit from the Township.
2.
No occupancy permit required by the provisions of this chapter shall be issued until the driveway has been constructed in accordance with the driveway permit.
3.
The Zoning Officer may issue a temporary occupancy permit for a period not to exceed 150 days in the event that a driveway within the street right-of-way has not been paved at the time that the occupancy permit is requested, provided that the Township shall retain in escrow the funds paid on account of the occupancy permit and driveway permit until the driveway pavement is completed to the satisfaction of the Township Roadmaster and an occupancy permit is issued for the property.
4.
In the event that the driveway is not paved to the satisfaction of the Township Roadmaster within 150 days of the issuance of the temporary occupancy permit, the Township may complete the paving and the total cost of the paving and all legal, engineering and administrative costs involved in completing the paving shall be deducted from the funds held by the Township in escrow and the balance, if any, shall be refunded. In the event the fund is insufficient to pay for the paving and all legal, engineering and administrative costs, the person applying for the temporary occupancy permit shall be responsible for the excess costs.
§ 27-2906 Permits, Fees, and Required Testing for Production Wells.
[Ord. 94, 6/8/1988, § 2104-A; as amended by Ord. 116, 3/6/1990, § 3; by Ord. 153, 5/3/1994, § 1]
1. ACTIVITY PERSON PRODUCTION WELL SAFE YIELD
Definitions.
The drilling of a production well, the enlarging of a production well, the conducting of a pump test of the production well, and/or the conducting of a step test of a production well.
The owner or owners of the premises upon which any activity concerning a production well governed by this chapter is to occur and the person or persons conducting such activity.
A well intended to supply two or more residential units with water and/or any individual well intended to yield or supply a minimum of 10,000 gallons per day.
The amount of water that can be removed from the aquifer without exceeding the amount of water that is annually replaced by rainfall and infiltration.
2.
No person shall drill or enlarge a production well, or conduct step or pump tests for a production well except in compliance with the provisions of this chapter. Furthermore, no person shall permit a production well to be drilled or enlarged upon his land, or permit a production well to be step tested or pump tested upon his land, except in compliance with the provisions of this chapter.
3.
No person shall proceed to drill or enlarge a production well or to conduct step tests on a production well within the Township unless the Township and all the residents within a 1/2-mile radius of the subject production well are notified in writing of the intent to drill, enlarge, step test, or pump test a production well at least 72 hours prior to the commencement of such activity. The notification shall contain the name of the owner of the property upon which the production well is to be located or is located, the location of the property, the address and telephone number of the owner of the property, and the name, address and telephone number of the person conducting the drilling, enlarging, step testing, or pump testing activity. Furthermore, the notice shall state the precise dates on which the activity is to occur.
4.
Permit.
A.
Permit Required. No person shall drill or enlarge a production well, or conduct a step test or pump test for a production well unless the owner of the land upon which the production well is located or is to be located or the person conducting the activity has first obtained a permit from the Township Zoning Officer. The permitting requirement of this section shall not apply to public utilities operating under a certificate of public convenience issued by the Public Utility Commission or to wells that require permits from the Delaware River Basin Commission.
B.
Permits shall be issued by the Township Zoning Officer upon payment by the applicant of the fee required for the activity to be conducted. The Board of Supervisors of the Township shall, by resolution from time to time, establish the fee schedule for permits applicable to the drilling, enlarging, step testing, and/or pump testing community wells.
C.
The application for a permit shall be in writing by the applicant and shall set forth the following information:
(1)
The exact location of the production well.
(2)
The name, address, and telephone number of the owner of the tract of land upon which the production well is situated or intended to be situated.
(3)
The name, address, and telephone number of the person conducting the activity.
(4)
The precise date or dates upon which the activity is to occur.
(5)
The proposed pumping rate, together with the calculation established for the projected water demand for the proposed well.
(6)
A long term safe yield calculation for the proposed well based on the underlying geologic formation(s).
D.
Drilling a production well, enlarging a production well, conducting a step test of a production well, and conducting a pump test of a production well shall each be considered separate activities, and each shall require a separate permit. The permit shall be secured by the applicant a minimum of 72 hours prior to the occurrence of the activity. Permits shall automatically expire and become null and void 15 days after issuance.
5.
If for any reason whatsoever, the proposed activity is delayed so that the notice to the Township Engineer, the Township Office and the residents within 1/2 mile of the production well sets forth incorrect information with regard to the date of the intended activity, in that event, the owner of the premises or the person conducting the activity shall issue new notices to the Township Office, the Township Engineer, and residents within 1/2 mile of the production well.
6.
The Township Engineer shall have the right at the sole discretion of the Board of Supervisors of the Township, to be present at the site for any activities involving the drilling or enlarging of a production well, and the pump testing or step testing of a production well.
7.
Any application for a permit for the drilling, enlarging, step testing, and/or pump testing of a production well shall be accompanied by a detailed hydrogeological report in order to obtain the adequacy of the supply of groundwater for the production well. The hydrogeological report shall include, but is not limited to, the following materials, information and data:
A.
A well survey of existing wells within 1/2 mile radius of the proposed production well. For each existing well surveyed, the following information shall be set forth:
B.
The location of all existing on-lot sewage disposal systems or known sources of point pollution within 1/2 mile of the proposed production well.
C.
A proposed water budget for the drainage basin using the Walton method. The budget shall specify all necessary energy inputs and all calculations shall be supplied.
D.
A complete geologic map, including bedrock type, all known faults and lineations, i.e., fracture trace, said map covering an area of 1/2 mile radius of the proposed or existing well.
E.
The driller's log describing the nature and depth interval of subsurface materials, and potential water yielding zones and their static water levels as encountered during drilling.
If the aforesaid information has been supplied by the owner of the premises or his representative within one year previous, then the information supplied with an application for another permit shall update the information previously supplied. | |
Upon completion of the well test, if the Township determines that the effects (i.e., the quality of water table fluctuation) of the proposed well extend beyond 1/2 mile of the proposed well, the applicant shall be required to rerun the well test and to supply the aforementioned data for an area of one mile from the proposed or existing well. |
8.
Within 30 days after the activity governed by the permit has been completed, the owner of the premises or the person conducting the activities shall supply the following information to the Township:
A.
The yield of the production well based on a pump test 72 hours after equilibrium but not more than 120 hours (if the permit given was for a pump test).
B.
An analysis of the quality of the water obtained from the production well during the pump test (if the permit was for a pump test) in accordance with the requirements of the Safe Drinking Water Act, 42 U.S.C. § 300f.
C.
If the permit is for a pump test, computation of all well and aquifer characteristics, including, but not limited to, transmissibility and storage, and the area of the influence of the production well during the pumping test. A minimum of five monitoring wells shall be evaluated. The monitor wells shall be chosen so that one well is as close as possible to the proposed or existing production well, two wells are approximately 1/2 mile from the existing or production well (each to be in opposite directions of the production well). Well drawn-down data shall be supplied for the production well and for each monitor well. If such wells are not available, then the applicant must drill monitoring wells in the required locations.
D.
A detailed evaluation of the effect of groundwater withdrawal on surface water within a 1/2 mile radius of the production well.
E.
A long-term safe yield calculation based on the pump test results.
9.
The applicant shall be required to provide an adequate supply of potable water to any person adversely affected by any well test promptly upon being notified by the Township or the affected well owner. This duty shall continue until the affected well is capable of producing an adequate supply of potable water to the well owner.
§ 27-2907 (Reserved) [1]
[1]
Editor’s Note: Former § 27-2907, Temporary Permits, adopted by Ord. 94, 6/8/1988, § 2105, was repealed by Ord. 2018-005, 6/19/2018.
§ 27-2908 Certificate of Occupancy.
[Ord. 94, 6/8/1988, § 2106; as amended by Ord. 116, 3/6/1990, § 6; by Ord. 118, 5/22/1990, § 1; and by Ord. 153, 5/3/1994, § 1]
1.
A certificate of occupancy shall be required for any of the following:
A.
Use and occupancy of any building or other structure hereafter erected or altered, for which a zoning permit is required.
B.
Change in use of any building or structure or any part thereof.
C.
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a certificate of occupancy.
D.
Change in use or extension of a nonconforming use.
2.
It shall be unlawful for any person to use or occupy any building or other structure or land until a use and occupancy permit, if required, has been duly issued.
3.
All applications for certificates of occupancy shall be made in writing by the landowner or his authorized agent on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.
4.
No certificate of occupancy shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this chapter and all other ordinances, regulations and codes of the Township.
5.
A certificate indicating that a representative sample of the well water was taken and tested by the Testing Laboratory within 30 days of the application for an occupancy permit, and indicating compliance or lack of compliance of the well water (specifying each contaminant which does not comply) shall be supplied to the Township Zoning Officer together with the application for the occupancy permit.
6.
No occupancy permit will be issued for any lot unless the lot contains a well which has a production of not less than six gallons per minute as established by the bailor test or an equivalent test satisfactory to the Township Engineer and unless the water quality of the well meets the aforementioned standards or unless the plans for the building include detailed plans for a treatment system which is certified by a professional engineer to bring the water into compliance with the aforementioned standards.
7.
In addition, the applicant for an occupancy permit must agree that in the event the water is not in compliance with the aforementioned standards, that the applicant will give the purchasers of the property (if different from the applicant) a copy of the water certification specifying each contaminant which does not comply with the standards, and a description (including plans) of the system which will be installed to bring the water quality into compliance together with instructions as to how the system must be maintained prior to settlement on the property.
§ 27-2909 Issuance or Refusal of Permits.
[Ord. 94, 6/8/1988, § 2107]
If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his duty to issue the appropriate permit; and, if he determines that an application is not in compliance with the provisions of this chapter, it shall be his duty to refuse the permit, in which case, he shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board, or the Board of Supervisors, whichever is applicable. No permit shall be issued to any applicant until any and all fees incurred, which are payable to the Township, are paid in full.
§ 27-2910 Fees.
[Ord. 94, 6/8/1988, § 2108; as amended by Ord. 153, 5/3/1994, § 1]
1.
The Board of Supervisors shall establish, by resolution, a schedule of fees, charges, and expenses and collection procedures for the cost of administering this chapter including, but not limited to, building permits, occupancy permits, sign permits, conditional uses, special exceptions, variances, validity challenge, curative amendment, petition for a zoning change, appeals, and other matters pertaining to this chapter. The schedule of fees shall be available in the office of the Zoning Officer and may be altered or amended only by the Board of Supervisors.
2.
No action shall be taken on any application for any conditional use, special exception, variance, validity challenge, curative amendment, petition for a zoning change or appeal accepted, until all application fees, changes and expenses have been paid in full.
3.
The applicant shall reimburse the Township for any fees of the Township Solicitor and Township Engineer or other experts and consultants for reviews on application for conditional use, petition for zoning change, curative amendment, and the like.
§ 27-2911 Enforcement Notice.
[Ord. 94, 6/8/1988, § 2109; as amended by Ord. 138, 5/26/1992, §§ 56–59]
1.
Whenever it appears to the Township that a violation of any provision of this chapter has occurred, enforcement shall be initiated by the Zoning Officer by sending an enforcement notice as provided in this section. Such notice shall be served for violating:
2.
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which have not been met, citing in each instance to the applicable provision of this chapter.
D.
The date before which the steps for compliance must be commenced and the date which the steps must be completed.
E.
The recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
F.
Failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§ 27-2912 Causes of Action.
[Ord. 94, 6/8/1988, § 2110; as amended by Ord. 138, 5/26/1992, § 60]
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any provision of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping of land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
§ 27-2913 Enforcement Remedies.
[Ord. 94, 6/8/1988, § 2111; as amended by Ord. 138, 5/26/1992, § 61; by Ord. 153, 5/3/1994, § 1; and by A.O.]
Any person, partnership or corporation who or which has violated or permitted the violation of a provision of this chapter, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the magisterial district judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was not such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Township.
§ 27-2914 Standards and Criteria for Approval of Conditional Uses by the Board of Supervisors and Special Exceptions by the Zoning Hearing Board.
[Ord. 94, 6/8/1988, § 2112; as amended by Ord. 153, 5/3/1994, § 1]
1.
In evaluating an application to the Board of Supervisors for a conditional use or the Zoning Hearing Board for a special exception, the respective Boards shall require the applicant to provide information to indicate that the standards and criteria have been met. The applicant shall submit a report which describes how the standards and criteria have actually been met or will be met to insure that:
A.
The proposed use is consistent with the purpose of the part whereby it is permitted, the overall purpose of the zoning as contained in Part 1, and all applicable provisions of this chapter.
B.
The proposed use will satisfy all of the relevant provisions and requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] and any other applicable ordinance, code and/or regulation which are hereby incorporated by reference.
C.
The proposed use and its location are consistent with and responsive to the Comprehensive Plan, in particular, the plans for land use, circulation, community facilities and utilities.
D.
The proposed use will not adversely effect the health, safety, morals and general welfare of the Township.
E.
The proposed land use is consistent with the nature of the conforming land uses existing on any immediately adjacent properties; and, it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood.
F.
The proposed use is consistent in concept and design with other conditional uses or special exceptions for which approval may have been previously granted, and/or it is located in an area or areas for which the lot is suited.
G.
If public services are planned for the property, the proposed use is consistent with the planned extensions of public services and utilities, such as a public water and public sewer, and will not have a negative effect on the public services and utilities of the surrounding properties.
H.
Proposed construction will be consistent with good design principles, and sound engineering and land development practices, and is in keeping with the character of any existing quality construction within the neighborhood.
I.
The proposed use reflects an environmentally sensitive approach to land planning and design based on thorough site analysis and evaluation related to topography, soils, vegetation, hydrology, geology, especially limestone and diabase, visual quality and related site conditions and characteristics.
J.
The proposed use will provide safe and adequate access to roads and public services (existing or proposed); will not result in excessive traffic volumes; will make any improvements needed to guarantee compatibility with adjacent roads and public services; and will reflect a well designed internal circulation system.
K.
The proposed use will provide for effective sanitation.
L.
The proposed use will create the required screening and landscaping as required in this chapter and the Township Subdivision and Land Development Ordinance. [Chapter 22].
M.
The proposed use, as depicted in the plans for subdivision and/or land development, includes proposals for landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible, such as along roads, walks or trails, and in other places deemed by the Township, where the use of trees, shrubs and ground covers would be functional and appropriate.
N.
The proposed use will be properly sited, and not be disruptive to existing topography, streams and ponds, vegetation and other natural resources, especially within the Floodplain Conservation District and the Steep Slope Conservation District.
O.
The proposed use will provide for adequate off-street parking and loading in accordance with Part 23.
R.
A satisfactory environmental impact assessment (EIA) report is submitted for any proposed use for which a conditional use or special exception application has been submitted, subject to the provisions of Part 25.
S.
The proposed use can be adequately serviced by the type of water supply and sewage disposal system which is proposed.
T.
The proposed use will be developed using effective stormwater management techniques, and soil erosion and sedimentation control techniques.
2.
The report required under Subsection 1 shall include clear legible inventory maps and plans and site analysis maps and plans drawn to scale to indicate the location, extent, quality, significance and/or importance of the land and water resources and the facilities which are discussed within the report.
3.
The Board may impose such conditions as are necessary to insure any or all of the above amenities as well as compliance with any other relevant ordinances, regulations and codes.
4.
Special exceptions related to the Floodplain Conservation District shall also be evaluated in accordance with the provisions of § 27-2110. Conditional uses related to the Steep Slope Conservation District shall also be evaluated in accordance with the provisions of § 27-2207. Conditional uses related to: the open space option in the RA District; the open space requirements of Part 11; the open space option in the RB District; and the open space requirements of Part 10, shall also be evaluated in accordance with the provisions of § 27-2808.
5.
General Procedures.
A.
The Zoning Hearing Board shall be governed by the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
B.
In the case of an application for conditional use, the Planning Commission shall perform a review and provide counsel to the Board of Supervisors concerning the grant of approval or disapproval of the proposed use. A written report shall be submitted to the Board of Supervisors by the Planning Commission.
C.
The Board of Supervisors shall, in the case of an application for conditional use, schedule a hearing for public review comment.
D.
The Planning Commission and Board of Supervisors shall be responsible for providing notification to the applicant, no less than 20 days prior to any hearing at which testimony will be heard, and/or action taken upon approval or disapproval, in order that the applicant may present their case at such hearing.
E.
Proof of proper notification shall be required as a precondition before any formal action on the application.
F.
Notification of the action taken by the Board of Supervisors shall be made in writing to the applicant. In the event of disapproval, it shall be accompanied by a statement of the reasons therefor. In the event of disapproval, the applicant may file a new application and plans for conditional use or subdivision and/or land development for the subject property.
G.
The grant of approval by the Board of Supervisors for a conditional use shall in no way release the applicant from his obligation to comply with the applicable provisions of this chapter, the Subdivision and Land Development Ordinance [Chapter 22], and any other applicable Township, state and federal regulations.
§ 27-2915 Notices, Hearings and Orders.
[Ord. 94, 6/8/1988, § 2113]
All notices, hearings and orders shall be made or shall occur in conformance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended; and in accordance with Part 30.