[Amended 9-14-1993 by Ord. No. 852]
A. Specific code requirements.
(1) The applicant has the burden of persuasion and the duty to go forward with evidence with respect to the specific requirements of the Township Code, including:
(a) The requirement that the
be one permitted by
.
(b) Specific requirements applicable to the
.
(c) General requirements of the Township Code, including but not limited to
and parking requirements.
(d) Specific public interest criteria listed in the Township Code.
(2) If the applicant meets this burden, a presumption will arise that the proposed
is consistent with the health, safety and general welfare of the community
B. General effect of the proposed
. Protestants, if they choose to participate, have the burden to present evidence and to persuade the Board that the proposed
has a generally detrimental effect on the health, safety and welfare of the
or that it will conflict with the general policies outlined in the Township Code. Protestants must raise specific issues and establish a high degree of probability that the proposed
will have a substantially detrimental effect on the health, safety and welfare of the
. If protestants meet this burden, then the applicant must go forward and meet its burden of persuasion with regard to criteria relating to the general detrimental effect of the proposed
raised by the protestants.
C. General policy concerns. With regard to general policy concerns outlined in the Township Code, including but not limited to whether the application is in harmony with the spirit, intent and purpose of this chapter, the burden of persuasion and duty to go forward fall on the protestants, if any.