1. All applications for a public hearing involving a conditional use as designated by this Chapter shall be submitted to the Zoning Officer and shall be processed in accordance with the following:
A. Submission of an application for a public hearing on a conditional use shall be comprised of the following:
(1) One application for a public hearing complete and properly prepared. Forms furnished by the Township.
(2) Ten copies of a tentative site development plan of the conditional use.
(3) Ten copies of a statement of purpose and extent of the conditional use.
(a) This statement should outline in detail the conditional use, any future changes and present and future ownership.
(4) Ten copies of any other requests for variance or waivers that may be necessary, including the reasons therefore.
(5) Ten copies of any other information or data the applicant may deem necessary or desirable to be submitted.
(6) Should a conditional use consist of or include any real property lying within a distance of 500 feet from the boundary of any adjoining Township or Borough, two additional copies of all documents and information shall be submitted.
B. The submission date of the conditional use application and transmittal of the submitted material by the Zoning Officer shall be as follows:
(1) The submission date of a conditional use application shall be when the Township Zoning Officer has determined that the application is complete and all required documents and information has been submitted and the required fee has been paid.
(a) The submission date shall be entered on the application for a public hearing form.
1) A public hearing shall be held within 60 days from the date of submission of the application, unless the applicant has agreed in writing to an extension of time.
(2) The Zoning Officer through the Board of Supervisors shall determine the date of the public hearing and shall enter that date on the said application form along with the dates of the public notice which shall be advertised as follows:
(a) “Public notice” shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
1) The Zoning Officer shall conspicuously post a copy of the “public notice” on the affected tract of land at least seven days prior to the date of the hearing.
2) Such notice shall state the time and place of the hearing and the particular nature and location of the matter to be considered at the hearing.
3) A copy of the application form with the above dates along with a copy of the “public notice” and a cover letter requiring attendance at the public hearing and Planning Commission review date shall be forwarded to the applicant by certified mail with a return receipt requested within 30 days of the submission date.
(3) Within 10 days of the submission date the Zoning Officer shall transmit one copy of the application form and one copy of all supporting data and information to the following:
(a) Each member of the Board of Supervisors.
(b) Solicitor to the Board of Supervisors.
(c) The Secretary of the Township (this copy for public inspection)
(d) Solicitor to the Township Planning Commission.
(e) The Planning Commission’s Engineer along with a request for a review and report to be submitted to the Planning Commission. The submittal to the Engineer must be at least 10 days prior to the regularly scheduled or special meeting at which the conditional use is to be considered by the Planning Commission.
(f) The final three copies to the Planning Commission members, along with a request for comments and recommendations.
(g) Should any site development plan involve any of the areas specified in
PART 9: AMENDMENTS,
§ 27-901: Enactment of Zoning Ordinance Amendments,
§ 27-9012, the Zoning Officer shall transmit to the Secretary of the Monroe County Planning Commission a copy of said information within 10 days of the receipt thereof with a request for comments. The County Planning Commission shall report its opinions, findings and recommendations to the Zoning Officer within 30 days. Failure to do so shall constitute a favorable opinion of said site development plan by the County Commission.
C. Commission Review. In reviewing a site development plan for a conditional use hearing, the Commission shall take into consideration the design, location and adequacy of traffic access, parking, landscaping, screening, illumination, and necessary public services and facilities and similar factors relating to the health, safety, welfare, comfort, and convenience of the public in general and of the residents of the immediate neighborhood in particular.
D. Commission Action. Within 30 days of the filing of the application with the Zoning Officer, the Commission shall act to recommend to the Supervisors, in writing, that the site development plan be approved, approved with modifications or disapproved, Failure on the part of the Commission to act within 30 days shall be construed as a favorable recommendation of the Commission.
E. Supervisors Action. The Township Board of Supervisors shall, after appropriate “public notice,” conduct public hearings and make decisions and findings in accordance with the following:
(1) All hearings shall be held as advertised. Testimony shall be taken under oath.
(2) The Board shall not communicate directly or indirectly with any party or his representative(s) in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials 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 the hearings with any party or his representative unless all parties are given the opportunity to be present.
(3) The parties to the hearing shall be the Township, any person affected by the application who has made timely request for appearance of record before the Board and any other person, including civic and community organizations permitted to appear by the Board.
(4) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(5) Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(6) The Board shall keep a stenographic record of the proceedings. A transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
(7) At any time prior to the last hearing date the Board of Supervisors may refer submittal documents of a conditional use application or evidence ascertained at a public hearing back to the Planning Commission for review. Should the Supervisors refer evidence or documents back to the Planning Commission for their review, the Planning Commission shall act within 30 days of the request or by the date of the last hearing, whichever occurs first.
(8) The Board shall render a written decision on the application within 45 days after the last hearing before the Board. The Supervisors shall review the recommendations of the Commission and transmit an order, in writing, to the Zoning Officer to approve, approve with modifications or conditions, or disapprove the application for a zoning permit for a conditional use.
(a) When the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provision of the Pennsylvania Municipalities Planning Code, this Chapter or of any other Township Ordinance, rule or regulation shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed to be appropriate in the light of the facts found.
(b) Where the Board fails to render the decision within the time 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 to an extension of time.
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When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Township shall give public notice of the said decision within 10 days to the public, the applicant, the Zoning Officer, and to any person, civic or community organization who has made timely request for notice.
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(9) Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(10) A copy of the final decision shall be delivered to the applicant personally or mailed to him by certified mail not later than the day following its date.
(a) To all other persons who have filed their name and address with the Board not later than the last day of the Hearing, the Board shall provide by mail or otherwise, brief notice of the decision and a statement of the place at which the full decision or findings may be examined.
F. Zoning Officer’s Action. All zoning permits for a conditional use as granted by the Board of Supervisors shall be issued, rejected or denied by the Zoning Officer in accordance with the following procedures:
(1) An application for a zoning permit for a granted conditional use shall be issued to the applicant within 30 days after the submission date of the said application.
(2) If the Zoning Officer finds the permit application complete and correct in all aspects of the granted conditional use, he shall approve and endorse the said application and when a site or plot plan has been submitted, endorse one copy of the said site or plot plan.
(3) One copy of the endorsed application, the endorsed site plan or plot plan, when applicable, and a completed and signed job placard shall be returned to the applicant.
(a) The signed job placard must be conspicuously displayed on the job site during all phases of construction of the permitted conditional use.
(4) One copy of the endorsed application form shall be forwarded to the Monroe County Tax Assessment Office.
(5) If the zoning permit application is incomplete, and/or incorrect, the application shall be rejected with the reasons for the rejection stated thereon or attached thereto.
Additional Conditional Use Requirements.
1. The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
2. The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, the number of shifts, the hours of operation, and overall site size.
3. Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, radiation, wastewater, stormwater, solid waste — this list is merely illustrative and not exhaustive) shall have specific measures employed to mitigate or eliminate any such negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
4. The applicant shall present credible evidence that the number of off-street parking spaces provided for tractor trailer trucks will be adequate to accommodate the expected demand generated by the proposed use and its related activities.
5. A traffic study, prepared by a professional traffic engineer, shall be required as per the existing Zoning Ordinance,
Chapter 27: Zoning, § 27-404: Performance and Traffic Impact Requirements,
§ 27-4042.
