The Hanover Township Council shall be authorized to perform the following functions: hear and act on requests for conditional use approvals.
1. Conditional Use. The Council or any member of the Township Council appointed by Council as a Hearing Officer or any independent attorney appointed by Council as a Hearing Officer shall have the power to approve conditional use for any of the uses for which this Chapter requires the obtaining of such approvals and for no other use or purpose. In granting a conditional use, the Council shall after hearing on the conditional use request to be conducted in conformity with § 27-1402 of this Chapter, make findings of fact, consistent with the provisions of this Chapter. The applicant or the appellant, in addition to the Council, may, prior to the decision or findings of the hearing, waive the decisions or findings of the Council and accept the decision or findings of the Hearing Officer as final. The Council shall grant a conditional use only if it finds adequate standards listed for the proposed use. The Council shall, among other things, require that any proposed use and location be:
A. In accordance with the Hanover Township Comprehensive Plan and consistent with the spirit, purposes and intent of this Chapter;
B. In the best interest of of the Township, the convenience and public welfare of the community and be an improvement to property in the immediate vicinity;
C. Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity;
D. In conformance with all applicable requirements of this Chapter;
E. Suitable in terms of permitting the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools;
F. Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard. The Council may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will substantially secure the objectives of this Chapter.
2. Procedures. The procedures for public hearings as outlined in § 27-1402 shall apply to hearings conducted by the Council.
3. Court Appeals. Any person aggrieved by any decision of the Council with respect to a conditional use approval may, within 30 days after such decision of the Council, appeal to the Court of Common Pleas of Lehigh County, setting forth that such decision is illegal in whole or in part, specifying the grounds of illegality.
(Ord. 232, 11/8/1989, § 3; as amended by Ord. 451, 10/20/2004, § 8)