Warwick Township Bucks County
City Zoning Code
City Zoning Code
ARTICLE XXIV
Conditional Uses; Amendments
§ 195-120 Granting of conditional uses by Board of Supervisors.
A conditional use may be granted by the Board of Supervisors, provided that the express standards and criteria set forth in this chapter are followed. Requests for such uses will be heard by the Board of Supervisors upon the filing of a conditional use application, which shall be reviewed under the following general conditions:
A.
Conditional use applications shall be governed by the following:
(1)
The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his application. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are in issue. All applications shall be made on forms specified by the Board, and no application form shall be accepted unless the same shall be fully and legibly completed and unless all exhibits and supplemental material required by the application shall be attached and until all fees required under this chapter shall have been paid.
(2)
The application shall be accompanied by plans and other material describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information required by this chapter shall accompany the application.
(3)
The Board of Supervisors shall hold a hearing pursuant to public notice upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents, in writing, to an extension of time. Hearings shall be conducted in accordance with the time limits and requirements of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Board of Supervisors shall conduct hearings and make decisions where this chapter has provided for stated conditional use approval to be granted or denied by the Board of Supervisors pursuant to express standards and criteria.
(1)
The Board of Supervisors shall render a written decision, or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Board. 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 state or federal law or any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
(2)
Where the Board of Supervisors fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, 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 the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the governing body shall fail to provide such notice, the applicant may do so.
(3)
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
C.
The applicant for any hearing on a conditional use request before the governing body shall, at the time, make application and pay a fee in accordance with the Township Fee Schedule[2] adopted by the Board of Supervisors or as such schedule may be amended from time to time.
D.
In considering a conditional use, the Board of Supervisors shall make findings of fact consistent with the provisions of this chapter. The Board shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.
E.
The Board of Supervisors shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following requirements and standards listed herein for the proposed use. The Board shall, among other things, require that any proposed use and location be:
(1)
In accordance with the Township Comprehensive Plan.
(2)
In the best interests of Warwick Township, the convenience of the community and the public welfare.
(3)
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(4)
In conformance with all applicable requirements of this chapter and all other Township ordinances.
(5)
Suitable in terms of effect on highway traffic and safety, with adequate access arrangements to protect streets from undue congestion and hazard.
(6)
In accordance with sound standards of subdivision and land development practice, where applicable.
F.
The Board of Supervisors may impose reasonable conditions as it deems appropriate to ensure that any proposed development will secure substantially the objectives of this chapter.
G.
Review by the Planning Commission. The Board of Supervisors will request an advisory opinion from the Planning Commission on any application for a conditional use, and the Planning Commission will submit a report of such advisory opinion prior to the date of the public hearing held by the Board. The Planning Commission may request a report from the Township Engineer.
H.
Life of a decision. A conditional use granted by the Board of Supervisors in accordance with this section shall expire at the end of one year from the date of the decision, unless the applicant or owner or successor in interest has commenced construction within that time. Construction will be deemed commenced upon the issuance of a building and/or zoning permit for the approved use. Upon a showing by the applicant of due diligence in proceeding toward land development approval, the Board of Supervisors may renew the conditional use for an additional one-year period.
§ 195-121 Power of amendment.
The Board of Supervisors may from time to time amend this chapter, including the Zoning Map,[1] as provided by law.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 195-122 Preparation of amendments.
The Board of Supervisors or, at its request, Township Planning Commission shall prepare ordinances and amendments to this chapter and the Zoning Map. In the case of an ordinance or amendment other than one prepared by the Township Planning Commission, the Board of Supervisors shall submit each such ordinance or amendment to the Township Planning Commission and provide it an opportunity to submit recommendations.
§ 195-123 Submission to County Planning Commission.
Upon completion and review of ordinances and amendments, the Board of Supervisors or Township Planning Commission shall submit the proposal to the County Planning Commission. However, the Board of Supervisors may not conduct a public hearing on the proposal unless the County Planning Commission has been given 30 days prior to the hearing to review and comment on the proposed ordinance or amendment.
§ 195-124 Public hearings.
Before voting on the enactment of any amendment, the Board of Supervisors shall hold a public hearing pursuant to the public notice. Such notice shall state the time and place of the hearing, the particular nature of the matter to be considered at the hearing and the full text of the amendment, or a brief summary setting forth the principal provisions in reasonable detail shall be included, together with notice of a place in the Township where a copy of the ordinance or amendment may be examined. The first publication shall be not more than 30 days or less than 14 days from the date of the hearing. If, after any public hearing held upon an amendment, the proposed amendment is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
§ 195-125 Notice of amendment.
A notice of the proposed amendment to the Zoning Map shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along the perimeter of the tract to notify potentially interested citizens. The affected tract shall be posted at least one week prior to the date of the hearing.
§ 195-126 Copy to be sent to County Planning Commission after adoption.
A copy of the adopted ordinance or amendment to this chapter or the Zoning Map shall be forwarded to the County Planning Commission within 30 days of adoption.
§ 195-127 Procedure for curative amendments.
A landowner who desires to challenge on substantive grounds the validity of this chapter or any part hereof which prohibits the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors, with a written request for hearing. The Board of Supervisors shall commence a hearing thereon within 60 days of the submission of a properly completed request following procedures outlined in Article VI, Section 609.1, and Article IX, Section 916.1, of the Pennsylvania Municipalities Planning Code, as amended.