(a) A building or group of buildings may be erected, altered or used, and a lot may be used or occupied, for any of the following purposes and no other:
(1) Retail sales and wholesale sales, including factory outlets;
(2) Office building and professional centers;
(3) Personal service establishment;
(4) Eating and/or drinking establishments providing inside and/or outside seating and service, including drive-through windows;
(5) Assembly of high technology and electronic equipment;
(6) Bank, travel agency and other like service establishments;
(7) Accessory use with and customarily incidental to any of the foregoing permitted uses;
(b) The following may be permitted as conditional uses:
(1) Manufacture, assembly, compounding, processing, packaging or treatment of products;
(2) Printing, publishing, lithographing, binding and similar process;
(3) Office and shops or service areas for service business or contractors;
(4) Warehouse, storage house, or distribution center, express or trucking establishment;
(5) Motor vehicle dealer or auto rental agency;
(6) Scientific research laboratory or other experimental, testing or research establishment devoted to research, development, design, experimentation or production;
(c) The following standards and criteria for approval of conditional uses by the Board of Commissioners must be met by a landowner/applicant. In evaluating an application to the Board of Commissioners for a conditional use, the respective boards shall require the applicant to provide any necessary information to insure that:
(1) The proposed use is consistent with the purpose of the chapter whereby it is permitted, the overall purpose of this Zoning Code, as contained in Section 1260.02, and all applicable provisions of this chapter;
(2) The proposed use will satisfy all of the relevant provisions and requirements of this Zoning Code and any other applicable ordinance, code and/or regulation;
(3) The proposed use will not adversely affect the health, safety, morals and general welfare of the Township;
(4) The proposed land use is consistent with the nature of the land uses existing on any immediately adjacent properties, and it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood;
(5) The proposed use is consistent in concept and design with other conditional uses for which approval may have been previously granted, and/or it is located in an area or areas for which the site is suited;
(6) The proposed use is consistent with the logical extension of public services and utilities, such as a public water and public sewer, and will not have a negative effect on the public services and utilities of the surrounding properties;
(7) Proposed construction will be consistent with good design principles and sound engineering and land development practices, and is in keeping with the character of any existing quality construction within the neighborhood;
(8) The proposed use will provide safe and adequate access to roads and public services (existing or proposed) and will not result in excessive traffic volumes, or will make any improvements needed to guarantee compatibility with adjacent roads and public services;
(9) The proposed use will provide for effective sanitation;
(10) The proposed use will create the required screening and landscaping as required in this Zoning Code and any other ordinances or regulations of the Township;
(11) The proposed use, as depicted in the plans for subdivision and/or land development, includes proposals for landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible, such as along roads, walks or trails, and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.
(12) The proposed use will be properly sited and not be disruptive to existing topography, streams and ponds, vegetation and other natural resources;
(13) The proposed use will provide for adequate off-street parking and loading;
(14) The proposed use will provide for adequate signage;
(15) The proposed use will provide for adequate environmental controls;
(16) The proposed use can be adequately serviced by the type of water supply and sewage disposal system which is proposed;
(17) The proposed use will be developed using effective stormwater management techniques, and soil erosion and sedimentation control techniques.
(d) The Board may impose such conditions as are necessary to insure any or all of the above amenities, as well as compliance with any other relevant ordinances, regulations and codes:
(1) In the case of an application for a conditional use, the Planning Commission may, at the request of the Board of Commissioners, perform a review and provide counsel to the Board of Commissioners concerning the grant of approval or disapproval of the proposed use. Such review shall be conducted and a written report submitted to the Board of Commissioners within forty-five days of the date of the first Planning Commission meeting following the date the plan has been filed. The Planning Commission shall discuss the application at least at one of its regularly scheduled public meetings during the review period. The applicant may request the Board of Commissioners to waive a review by the Planning Commission by setting forth reasons in its application why such review is not necessary.
(2) The Board of Commissioners may, in the case of an application for conditional use, schedule a hearing for public review and comment. Such hearing shall commence during the ninety-day review period unless the Board of Commissioners and the applicant mutually agree otherwise. Within ninety days, the Board of Commissioners, at a regularly scheduled meeting or special meeting, shall take action to either approve or disapprove the use.
(3) The Planning Commission and the Board of Commissioners shall be responsible for providing notification to the applicant, no less than twenty days prior to the occurrence of any hearing at which testimony will be heard and/or action taken upon approval or disapproval, in order that the applicant may present his or her case at such hearing. Subsequent to the receipt of such notification, the applicant shall be responsible for notifying, no less than ten days prior to such hearing, all abutting property owners.
(4) Proof of proper notification shall be required as a precondition before any formal action on the application;
(5) Notification of the action taken by the Board of Commissioners shall be made in writing to the applicant. In the event of disapproval it shall be accompanied by a statement of the reasons therefor. In the event of disapproval the applicant may file a new application for conditional use or subdivision and/or land development for another use of the subject property;
(6) In the event of approval, should the applicant fail to obtain the necessary Township approvals and permits within twelve months of notification, or, having obtained the necessary approvals and permits, fail to commence work thereunder within six additional months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned his or her appeal or application, and all provisions, conditional use(s) and permits granted to him or her shall be deemed automatically rescinded by the Board of Commissioners. If the Board of Commissioners finds that a good reason exists for the failure to comply with the time periods specified above, an extension may be granted.
(7) The grant of approval by the Board of Commissioners for a conditional use shall in no way release the applicant from his or her obligation to comply with the applicable provisions of this Zoning Code and any other applicable Township, State and Federal regulations.
(8) All notices, hearings and orders shall be made or shall occur in conformance with the provisions of this Zoning Code and the Pennsylvania Municipalities Planning Code.
(Ord. 91-7. Passed 11-25-91; Ord. 2010-03. Passed 8-12-10.)