(A) Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
(B) Special exception procedure.
(1) A site plan shall be submitted, which shall contain the information required in § 155.022(D). If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a special exception is approved.
(2) The Zoning Officer should provide a review to the Zoning Hearing Board regarding the compliance of the application with this chapter.
(3) The Zoning Hearing Board shall follow the procedures provided in § 155.030.
(4) The township staff should offer a special exception application to the Township Planning Commission for any advisory review that the Commission may wish to provide. However, the Zoning Hearing Board shall meet the time limits of state law for a decision, regardless of whether the Township Planning Commission has provided comments.
(5) See § 908 of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. for time limits.
(C) Consideration of special exception applications. When special exceptions are allowed by this chapter, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with standards established by this chapter, including the following.
(1) Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate this compliance.
(2) Compliance with other laws. The approval may be conditioned upon the applicant later showing proof of compliance with other specific applicable township, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the township prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.
(3) Traffic. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion, after considering any improvements proposed to be made by the applicant as a condition on approval.
(4) Site planning. The application shall include proper site layout, internal circulation, parking, buffering and all other elements of proper design as specified in this chapter.
(5) Neighborhood. The proposed use shall not substantially change the character of any surrounding residential neighborhood, after considering any proposed conditions upon approval such as limits upon hours of operation.
(6) Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(7) Natural features. The proposed use shall be suitable for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features.
(D) Conditions. In granting a special exception, the 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 ordinance.
(Ord. 126, passed 3-18-2010)