West Earl Township City Zoning Code
ARTICLE VIII
Zoning Hearing Board
§ 184-57 Board created; membership.
[Amended 5-14-1990 by Ord. No. 82; 4-14-2003 by Ord. No. 167]
The Board of Supervisors hereby creates a Zoning Hearing Board, herein referred to as the “Board,” consisting of five residents of the Township appointed by the Board of Supervisors pursuant to Article IX of the Pennsylvania Municipalities Planning Code who shall perform all the duties and have all the powers prescribed by the Pennsylvania Municipalities Planning Code and this chapter. The Board of Supervisors may, in its discretion, also provide for the appointment of between one and three alternate members to the Zoning Hearing Board.
§ 184-58 Appointment; terms.
[Amended 5-14-1990 by Ord. No. 82; 4-14-2003 by Ord. No. 167]
Members and alternate members of the Board, if so appointed by the Board of Supervisors, shall be appointed by resolution. Members shall serve five-year terms which shall be so fixed that the term of office of not more than one member shall expire each year. Alternate members shall serve three-year terms. If the Board of Supervisors appoints more than one alternate member, the terms shall be so fixed so that the term of office of no more than one) alternate member shall expire each year. Members and alternate members of the Board shall hold no other office in the Township.
§ 184-59 Removal of members.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the governing body which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held if the Board member requests one in writing.
§ 184-60 Vacancies.
Vacancies shall be filled by appointment by the governing body for the unexpired portion of the term.
§ 184-61 Compensation; expenditures for services.
A.
The members of the Board shall receive such compensation as shall be fixed by the governing body, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the governing body.
B.
Within the limits of funds appropriated by the governing body, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.
§ 184-62 Organization.
A.
The Board may promulgate such rules of procedure, not inconsistent with this chapter and the Pennsylvania Municipalities Planning Code, as amended,[1] as it may deem necessary to the proper performance of its duties and to the proper exercise of its powers. Such rules shall be continued in force and effect until amended or repealed by the Board.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
§ 184-63 Meetings.
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
§ 184-64 Minutes and records.
The Board shall keep a full public record of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official action, all of which shall be immediately filed with the Secretary of the governing body and shall be a public record. The Board shall submit an annual report each year to the governing body.
§ 184-65 Hearings.
[Amended 5-14-1990 by Ord. No. 82]
For the conduct of any hearing and the taking of any action, a quorum shall be not fewer than two members. If a quorum does not exist for any particular hearing and if the governingbody has appointed alternate members to the Board, the Chairman of the Board may designate as many alternate members of the Board to sit on the Board as may be required to provide a quorum in accordance with the regulations contained in Article IX of the Pennsylvania Municipalities Planning Code.[1] The Board may also appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in § 184-68B of this chapter. Alternate members, if any, of the Board shall have the right to participate in all hearings of the Board but shall be entitled to vote only as provided in Article IX of the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 184-66 Powers and duties.
The Zoning Hearing Board shall have the following powers:
A.
The Zoning Hearing Board shall have jurisdiction of all matters set forth in Section 909.1(a) of the MPC.
[Amended 3-27-2017 by Ord. No. 237]
B.
The Zoning Hearing Board shall exercise all powers and perform all of its duties in accordance with Article IX of this MPC and with this chapter.
[Amended 3-27-2017 by Ord. No. 237]
C.
A variance or special exception shall expire if the applicant fails to obtain a zoning permit to authorize construction within 12 months from the date of authorization thereof by the Board or by the Court if such special exception or variance has been granted after an appeal or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by special exception or variance approval within 12 months from the date of issuance of the zoning permit, unless the Board or the Court establishes a different time period within which to obtain a permit or complete construction in the decision or order approving the requested special exception or variance. If the Board grants a special exception or a variance and the Board's decision is appealed by protesting parties, the running of the time periods shall be suspended during the pendency of the appeal or appeals by protesting parties; provided, however, that if the applicant obtains a permit and commences construction authorized by the Board during the pendency of an appeal, the twelve-month period within which to complete construction shall commence on the date the landowner obtains the zoning permit.
[Amended 1-27-2003 by Ord. No. 164; 3-27-2017 by Ord. No. 237]
D.
Variances. The Board shall have the power to authorize, upon appeal in specific cases, such variance(s) from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in particular difficulty or unnecessary hardship. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter. The Board may, by rule, prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that the following findings are made where relevant in a given case:
[Amended 2-6-1979 by Ord. No. 1-1979]
(1)
That there are unique physical circumstances, including irregularity, narrowness or shallowness of lot size or of shape or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(2)
That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That said special circumstances or conditions have not resulted from any act of the applicant subsequent to the adoption of this chapter, whether in violation of the provisions hereof or not, and that such circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land, structure or building.
(4)
That, for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or buildings and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
(5)
That the granting of the variance under such conditions as the Board may deem necessary or desirable will be in harmony with the general purpose and intent of this chapter, will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will not alter the essential character of the neighborhood or district in which the property is located.
(6)
That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated nor substantially or permanently impair the appropriate use or development of adjacent property.
(7)
That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the granting of a variance.
(8)
That in no case shall a variance be granted solely for reasons of additional financial gain on the part of the applicant.
E.
Special exceptions.
(1)
When special exceptions are provided for in this chapter, the Board shall hear and decide requests for such special exceptions in accordance with stated standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter. The Board may grant approval of a special exception, provided that the applicant complies with the following standards for special exceptions and that the proposed special exception shall not be detrimental to the health, safety or welfare of the neighborhood. The burden of proof shall rest with the applicant.
[Amended 5-14-1990 by Ord. No. 82; 2-13-1995 by Ord. No. 106]
(a)
The applicant shall establish by credible evidence compliance with all conditions, requirements and performance standards for the special exception enumerated in the section which gives the applicant the right to seek the special exception.
(b)
The applicant shall establish by credible evidence that the proposed special exception shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems, including but not limited to police protection, fire protection, utilities, parks and recreation.
(c)
The applicant shall establish by credible evidence that the proposed special exception shall be in and of itself properly designed with regard to internal circulation, parking, buffering and all other elements of proper design as specified in this chapter and any other governing law or regulation.
(d)
The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(e)
The proposed special exception shall not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and the use of property adjacent to the area included in the special exception application shall be adequately safeguarded.
(f)
The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of and ensure compliance with the Pennsylvania Municipalities Planning Code[2] and this chapter, which conditions may include plantings and buffers, harmonious designs of buildings and the elimination of noxious, offensive or hazardous elements.[3]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Each application for a special exception and any exhibits that were submitted with the application shall be submitted to the Planning Commission for its review and recommendations. If the Planning Commission does not make any recommendations within 30 days, it shall be deemed that the Planning Commission has recommended approval of the application for a special exception.
(3)
In addition to the conditions and guiding principles enumerated above, the following standards and criteria must be met for the granting of any special exception:
(a)
Churches or similar places of worship in an A District shall meet all of the parking requirements of § 184-31D(2). No buildings or accessory buildings shall be closer than 50 feet to any lot line.
(b)
Public or private schools in an A District shall not be located closer than 150 feet to any lot line. Minimum standards for site size, as established by the Commonwealth of Pennsylvania, for public school buildings shall be required for all schools.
(c)
Structures housing more than 300 head of livestock in an A District shall not be located within 300 feet of another zoning district or any existing residences, other than the residence of the farmer, located within the A District. A minimum lot size of five acres shall be required, and side and rear minimum yard dimensions shall be 200 feet.
[Amended 2-6-1979 by Ord. No. 1-1979]
(d)
Public or private outdoor recreation areas and facilities in an R-1 District shall have a minimum lot size of two acres. All lot lines abutting residential districts along the side or rear shall be appropriately screened by fences, walls or year-round planting and/or other suitable enclosures of a minimum height of four feet and a maximum height of seven feet. Lighting shall meet the requirements of § 184-31G.
(e)
Gas stations, drive-in restaurants or wholesale businesses in a C-2 District shall be required to submit plans showing anticipated traffic flow, points of ingress and egress and a statement as to probable effects on local traffic. Ingress and egress shall not be located closer than 50 feet to any intersection. No vehicles or parts shall be located in any required yards. Yards adjacent to residential districts shall be suitably screened in accordance with § 184-32E. Main or accessory buildings shall not be located closer than 35 feet to any residential district. Lighting shall meet the requirements of § 184-31G. Gas stations shall be limited to sales and minor repair. Signs shall be limited to 80 square feet and shall meet all other requirements of § 184-35C.
(f)
Car washes in a C-2 District shall be limited to the service of cleaning or waxing of vehicles. The lot shall be graded in such a way that water does not run off across the lot nor onto a public street. Waiting spaces shall be provided at a rate of five vehicles for each automatic or semiautomatic car wash bay. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., so as not to inconvenience adjacent property owners.
§ 184-67 Application procedures.
A.
The Board shall act in strict accordance with the procedure specified by Article IX of the Pennsylvania Municipalities Planning Code, as amended,[1] and by this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity of the ordinance, the use for which a special permit is sought or the details of the variance that is applied for and the grounds on which the variance should be granted, as the case may be.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B.
In the event that the procedures set forth in this chapter shall be in conflict with or contrary to the procedures set forth in the Pennsylvania Municipalities Planning Code, as amended,[2] then and in such event the procedures set forth in the latter shall prevail.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Applications and appeals, together with the required filing fee as established by the governing body, shall be submitted to the Secretary of the Zoning Hearing Board.
D.
Multiple and pending applications. The consideration of multiple applications for a single property at the same time creates substantial additional administrative work for the Township staff and the volunteer members of the Zoning Hearing Board. The Township staff must maintain multiple files with differing time limits within which the Zoning Hearing Board is required to schedule hearings and render decisions. The Township staff and Zoning Hearing Board must also insure that each submission, letter, or other document is properly included in the record of one or more of the multiple application files, as appropriate. Documents which cannot be easily reproduced, such as plans or documents which are bulky, must be cross-referenced. The Township incurs costs to store plans and other documentation associated with an application, which are increased by having to retain copies in each file and to cross-reference each application. The costs to the Township which arise from multiple applications at one time relating to a single property are greater than the Township's costs to administer single applications for various properties.
[Added 3-27-2017 by Ord. No. 237]
(1)
Number of applications which may be pending. No more than one application for the same property shall be pending before the Zoning Hearing Board at any time. If an applicant files a second or subsequent application with the Zoning Hearing Board while an application for the same property is pending, the Zoning Hearing Board shall schedule a hearing for the second or subsequent application as required by the MPC and may deny the second or subsequent application for violation of this section unless that applicant has, in writing, withdrawn the application for the property which was pending on the date the second or subsequent application was filed.
(2)
Reconsideration. After the Zoning Hearing Board has rendered a decision or after a court of competent jurisdiction has rendered a final determination upon an appeal from a decision of the Zoning Hearing Board on an application for a special exception, the applicant, his successors and assigns shall not be permitted to file an application for a special exception under the same section of this chapter for a period of one year from the date of the decision of the Zoning Hearing Board or order of the court, whichever is later. Any reapplication for a special exception under the same section of this chapter shall be considered a request for a reconsideration of the Zoning Hearing Board's decision. The Zoning Hearing Board does not have jurisdiction to reconsider a decision. If an applicant files an application for such a reconsideration, whether or not the applicant terms his application a request for reconsideration, the Zoning Hearing Board shall schedule a hearing on an application for reconsideration with the requirements of the MPC and may deny the application for violation of this section and because the Zoning Hearing Board does not have jurisdiction under the MPC Section 909.1(a). Nothing contained herein shall prevent the Zoning Hearing Board from denying an application for a special exception, application for a variance, challenge to the validity of the chapter, or appeal from determination of the Zoning Officer based upon res judicata, collateral estoppel or other concepts of preclusion.
§ 184-68 Appeals.
A.
Parties appellant before the Zoning Hearing Board. Appeals under § 184-65A and proceedings to challenge this chapter under § 184-65B may be filed with the Board, in writing, by the landowner affected, by an officer or agency of the municipality or by any person aggrieved. Requests for a variance under § 184-65D and for a special exception under § 184-65E may be filed with the Board by any landowner or any tenant with the permission of such landowner.
B.
Time limitations. No person shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, has been approved by an appropriate officer of the municipality, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.[1]
[1]
Editor's Note: Former Subsection C, regarding the failure of anyone other than the landowner to appeal from an adverse decision, as added 2-6-1979 by Ord. No. 1-1979, which immediately followed this subsection, was repealed 1-27-2003 by Ord. No. 164.
§ 184-69 Hearings; notices.
[Amended 2-6-1979 by Ord. No. 1-1979; 5-14-1990 by Ord. No. 82; 1-27-2003 by Ord. No. 164; 3-27-2017 by Ord. No. 237]
§ 184-70 Stay of proceedings.
Upon filing of any proceeding referred to in § 184-67A and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
§ 184-71 Form of application to Zoning Hearing Board.
[Amended 2-6-1979 by Ord. No. 1-1979]
In addition to any other information required by this Article, an appeal or application to the Zoning Hearing Board shall state:
A.
The name and address of the appellant or applicant.
B.
The name and address of the owner of the real estate to be affected.
C.
A brief description of the location of the real estate to be affected by such proposed change, together with a plot plan drawn to scale with sufficient clarity to show the nature and character of the request.
D.
A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use thereof.
E.
A statement of the section of this chapter under which the variance or special exception requested may be allowed and reasons why it should be granted.
F.
No application or appeal is complete without the required filing fee.
[Added 3-27-2017 by Ord. No. 237]
G.
Signature of applicant and, if different, signature of landowner.
[Added 3-27-2017 by Ord. No. 237]
§ 184-71.1 Conditional uses.
[Added 9-28-2009 by Ord. No. 206; amended 11-9-2009 by Ord. No. 207]
A.
The Board of Supervisors shall hear requests for conditional use applications, as permitted under the provisions of this Zoning Ordinance. By so providing, the Board of Supervisors recognizes that certain uses may or may not be appropriate at every location within any specific district and, where it appears that a conditional use fails to comply with all of the definitional aspects thereof or would be contrary to the public health, safety, morals and/or welfare of the community at specific locations within a district, that the use would not be permitted there.
B.
In granting any conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Ordinance and the Pennsylvania Municipalities Planning Code.
C.
As part of the submission requirements for a conditional use application, a preliminary subdivision plan or preliminary land development plan may be submitted by the applicant in accordance with the procedures and requirements specified by West Earl Township.
D.
All of the standards for conditional uses hereinafter set forth shall, where relevant, apply to all conditional uses within West Earl Township and are deemed definitional in character so that the failure to comply with any standards shall be deemed a failure to bring the applicant within that definitional aspect for which a conditional use may be granted; or, in the discretion of the Board of Supervisors, such failure to comply with the standards may be deemed a basis for the impositions of appropriate conditions to such grant. It is further the intention of the Board of Supervisors that the standards hereinafter described shall be deemed additional standards and shall in no way impair any other applicable standard described elsewhere in this Zoning Ordinance. Where there is a conflict between the standards established for a conditional use application and other standards elsewhere established by this Zoning Ordinance or other applicable ordinances, it is intended that the more stringent thereof shall apply, and it is not the intent of this article to abrogate or impair any other such standards or requirements.
E.
The Board of Supervisors shall consider the following general issues and site requirements prior to rendering its decision on a conditional use application:
(1)
That such use is generally consistent with the Conestoga Valley Region Strategic Comprehensive Plan.
(2)
The property is suitable for the proposed use desired and is capable of being developed in accordance with the provisions established by this Zoning Ordinance.
(3)
The minimum and maximum dimensional requirements for the proposed use within the appropriate zoning district shall be held in compliance by the applicant.
(4)
The proposed use shall not have a substantial adverse impact to the public health, safety, morals and/or public welfare of the community.
(5)
The applicant shall provide evidence with supporting documentation that the capacity of the road system providing access to the property or lot in question has sufficient capacity to accommodate the use or will have sufficient capacity to accommodate the use with improvements proposed by the applicant.
(6)
The applicant shall provide evidence with supporting documentation that the interior traffic circulation for the proposed use at the proposed location, including but not limited to acceleration and deceleration lanes where required at the proposed entrances to the location, shall be adequate to provide safe and convenient circulation for the proposed use as well as all emergency management vehicles and maintenance vehicles that may require entrance thereon.
(7)
For commercial, industrial and institutional uses, the applicant shall provide evidence with supporting documentation the facility or use provides safe and convenient pedestrian access and internal circulation within the grounds of the facility and particularly for points of access from the facility to the parking areas.
(8)
For commercial, industrial and institutional uses, the applicant shall provide evidence with supporting documentation that adequate screening and buffering is provided between the lands in question and surrounding residential uses and residentially zoned districts to preclude any glare from lighting or noise from being ascertainable beyond the boundaries of the property.
(9)
The applicant shall provide evidence with supporting documentation that the local fire departments have the abilities to provide adequate fire protection and emergency management services for the proposed use.
(10)
The applicant shall provide evidence with supporting documentation that adequate water supply and pressure is available for fire-fighting purposes without adversely impairing the uses of the water supply for ordinary purposes and shall be in compliance with all applicable governmental regulations.
(11)
For commercial, industrial and institutional uses, where in the opinion of the Board of Supervisors, the use or facility may require supervision and protection, the applicant shall provide evidence with supporting documentation that additional security measures will be accounted for by the owner or site manager so the facility or use does not create a continuous burden on the emergency management services and providers.
(12)
The applicant shall provide evidence with supporting documentation that the existing or proposed sanitary sewage disposal facilities have sufficient capacity for the proposed use. Where on-lot sewage disposal methods are permitted, the applicant shall consult with the West Earl Township Sewage Enforcement Officer to determine if on-lot sewage disposal is a viable option, considering the proposed use, wastewater flow and site characteristics.
(13)
The applicant shall provide evidence with supporting documentation that the existing or proposed municipal water supply facilities have sufficient capacity for the proposed use. Where on-lot water supply methods are permitted, the applicant shall consult with a qualified hydrogeologist to determine if on-lot water supply is a viable option considering the proposed use, groundwater supply and site characteristics.
(14)
The applicant shall provide a statement indicating that there will be no increase in surface water runoff and erosion at the boundaries of the facility as a result of the site improvements.
F.
The following provisions shall apply for the public hearing procedures and administrative requirements for all conditional use applications within West Earl Township:
(1)
The Board of Supervisors shall schedule, advertise, and conduct a public hearing or hearings on the conditional use application, and shall render a decision on the conditional use application, in accordance with the requirements of the Pennsylvania Municipalities Planning Code.[1] The request for a hearing shall be accompanied by a completed application on required form. The date for the scheduling of the first hearing may be extended by the applicant on the record or in writing addressed to the Board of Supervisors, in which event the date agreed upon by the applicant shall be considered timely.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
As part of the conditional use hearing, the Board of Supervisors shall consider those comments issued by the West Earl Township Planning Commission, Zoning Officer, Engineer, the appointed professional consultants and all other agencies providing comments, as may be authorized by West Earl Township and the Pennsylvania Municipalities Planning Code.
(3)
Any substantial revisions to the application or plan made by the applicant subsequent to filing of the application or plan or its review by the Planning Commission shall be subject to review and recommendation by the Planning Commission as specified by this Zoning Ordinance. In such event, the Zoning Officer shall secure from the applicant a written extension of the date within which the Board of Supervisors must hold a public hearing pursuant to the provisions of this Zoning Ordinance. If the applicant fails to execute the extension, the Board of Supervisors shall decide the conditional use application on the basis of the plan and application as originally filed.
G.
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining all other required approvals mandated by West Earl Township as well as other pertinent laws, ordinances and regulations that have been adopted by local, state and federal agencies. This may include the submission of a subdivision plan and/or land development plan to be prepared by the applicant and submitted to West Earl Township for review and consideration.
H.
Unless otherwise specified by the Board of Supervisors in its decision and order, a conditional use approval shall expire if the applicant does not secure a building permit or, if no building permit is required, then a use and occupancy permit, within 12 months from the date of the Board's written approval of the conditional use application, unless the applicant makes written application to the Board of Supervisors for an extension of time, which shall be based upon reasonable cause shown. No formal hearing shall be required by the Board of Supervisors in the consideration of such application. An extension of time may be granted by the Board of Supervisors for a period of time considered appropriate by the Board of Supervisors.
I.
As part of the conditional use application, the Board of Supervisors may consider certain background studies, plans and/or reports that may be required as supplemental documentation to support the conditional use application. The Board of Supervisors shall reserve the right to either require, not require, or defer the submittal of certain background studies, plans and/or reports as part of the conditional use application. If not required or deferred as part of the conditional use application, the required background studies, plans and/or reports shall be appropriately considered by West Earl Township as part of the application for a subdivision plan, land development plan and/or permit.