An application for a conditional use shall be considered by the Board of Commissioners according to the procedures in this article and as provided by the Pennsylvania Municipalities Planning Code. Following commencement of hearings, and until final decision on a conditional use application, neither any Board member nor the hearing officer shall communicate, directly or indirectly, with any party or his representatives in connection with any issue involved, nor shall any party or his representative communicate with any Board member or the hearing officer, except upon notice and opportunity for all parties and all Board members to participate. The Board of Commissioners shall not take notice of any communication, reports, memoranda, or other materials presented after commencement of the hearings, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties and all Board members are given an opportunity to be present. Communication with any Board member by an applicant or an applicant’s representative in violation of the restrictions of this paragraph shall be the basis for dismissing the conditional use application.

An application shall be submitted in writing to the Township. It shall include, as a minimum, a tentative sketch plan indicating basically how the applicant intends to develop the property and sufficient data to document compliance with applicable standards of this chapter. The Board of Commissioners shall schedule a public hearing on said applicant within 60 days unless the time limit is waived in writing by the applicant.

Prior to deciding to approve or deny the use of a tract for the proposed use , the Board of Commissioners shall hold a public hearing pursuant to public notice . At least 45 days prior to the date of the hearing, one copy of the development proposal and all additional submitted information shall be transmitted to the Township planning agency and the Montgomery County Planning Commission, together with a request that these agencies submit recommendations regarding said use .

The Board of Commissioners may grant approval of a listed conditional use under any district, provided that the following standards and criteria are complied with by the applicant for the conditional use . The burden of proving compliance with such standards and criteria shall be on the applicant.

   A.   The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval complies with the declaration of legislative intent that may appear at the beginning of the applicable district under which approval is sought.

   B.   The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval complies with the conditions enumerated in that section of this chapter which gives the applicant the right to seek a conditional use .

   C.   The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall preserve the environmental and physical assets of the neighborhood , including but not limited to parking, traffic movement, noise, landscaping, buffering and lighting.

   D.   The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall be properly serviced by all existing public service systems.

   E.   The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall make accommodation for peak traffic generated by the proposed use .

   F.   The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval is designed in accordance with the Township Code with regard to internal traffic circulation, parking, buffering, grading, stormwater management, erosion control and all other elements of proper land planning

   G.   The Board of Commissioners shall impose such reasonable conditions and safeguards as are advisable to ensure compliance with the purpose and intent of this chapter, which may include, without limitation, planting and buffers, special yards and spaces, construction of fences and walls, special parking and/or loading and drop-off provisions, together with control of vehicles’ egress and ingress, harmonious design of buildings , protection of watercourses , the protection of environmental amenities and the elimination of noxious, offensive or hazardous elements.

   H.   The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval will not adversely affect the health, safety and welfare of the neighborhood and community.

   A.   Specific code requirements.

      (1)   The applicant has the burden of persuasion and the duty to go forward with evidence with respect to the specific requirements of the Township Code, including:

         (a)   The requirement that the use be one permitted by conditional use .

         (b)   Specific requirements applicable to the conditional use .

         (c)   General requirements of the Township Code, including but not limited to lot areas and parking requirements.

         (d)   Specific public interest criteria listed in the Township Code.

      (2)   If the applicant meets this burden, a presumption will arise that the proposed use is consistent with the health, safety and general welfare of the community.

   B.   General effect of the proposed use . Protestants (to include all persons presenting opposing testimony), if they choose to participate, have the burden to present evidence and to persuade the Board that the proposed use has a generally detrimental effect on the health, safety and welfare of the neighborhood or that it will conflict with the general policies outlined in the Township Code. Protestants must raise specific issues and establish a high degree of probability that the proposed use will have a substantially detrimental effect on the health, safety and welfare of the neighborhood . If protestants meet this burden, then the applicant must go forward and meet its burden of persuasion with regard to criteria relating to the general detrimental effect of the proposed use raised by the protestants. [Amended 11-14-2006 by Ord. No. 1174]

   C.   General policy concerns. With regard to general policy concerns outlined in the Township Code, including but not limited to whether the application is in harmony with the spirit, intent and purpose of this chapter, the burden of persuasion and duty to go forward fall on the protestants, if any.

Conditional use approvals shall expire 12 months after being granted, unless the applicant obtains one of the following:

   A.   A use and occupancy permit from the Township Code Enforcement Department relative to the conditional use .

   B.   A buildingpermit from the Township Code Enforcement Department relative to the conditional use .

   C.   An extension of the grant of the conditional use from the Board of Commissioners.

   D.   Final plan approval relative to the conditional use , in which case, the conditional use approval shall expire at such time as the final plan approval expires.