Uses listed as special exception uses in all districts shall, prior to the issuance of a zoning permit by the Zoning Officer, be subject to review and recommendation by the Planning Commission and approval by the Zoning Hearing Board in accordance with §
27-705 and §
27-711 hereof.
1. Application Procedures for Special Exceptions. All applications for a public hearing involving a special exception 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 special exception use shall be comprised of the following:
(1) One application for a public hearing complete and properly prepared. Forms furnished by the Township.
(2) Six copies of a tentative site development plan of the special exception use.
(3) Six copies of a statement of purpose and extent of the special exception use.
(a) This statement should outline in detail the special exception use, any future changes and present and future ownership.
(4) Six copies of any other requests for variance or waivers that may be necessary, including the reasons therefor.
(5) Six copies of any other information or data the applicant may deem necessary or desirable to be submitted.
(6) One full digital copy of all submitted documents, which may be submitted to the Township via USB flash drive, CD, or email.
(7) Should a special exception 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.
(8) Submission copies shall be distributed in the following manner:
(a) Three copies for the Zoning Hearing Board members.
(b) One copy for the Zoning Hearing Board solicitor.
(c) One copy for public review.
(d) One copy for the permanent Township record.
B. The submission date of the special exception use application and transmittal of the submitted material by the Zoning Officer shall be as follows:
(1) The submission date of a special exception 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.
(2) 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. Special Exception Use Requirements. In presenting an application for special exception use approval, the applicant shall (in addition to all requirements of the Zoning Ordinance, i.e., Chapter
27, §
27-705) also establish:
A. 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.
B. 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.
C. 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.
D. The applicant shall present credible evidence that the number of off-street parking spaces will be adequate to accommodate the expected demand generated by the proposed use and its related activities.
E. A traffic study, prepared by a professional traffic engineer, shall be required as per the existing Zoning Ordinance.
3. Conditions. In granting a special exception, the Zoning Hearing Board may require such reasonable conditions and safeguards (in addition to those expressed in this Chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this Chapter.