Township of Middle Smithfield - Procedures

Special Exception

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§ 084-030: Permit application procedure for special exception uses.

Where the governing body has stated that special exceptions are to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a Special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the MPC and this chapter.

Jurisdiction. The Zoning Hearing Board shall hear all applications for special exception and render its decision in accordance with the requirements of the MPC.

Submission requirements. 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 are furnished by the Township.

(2)

10 copies of a tentative site plan of the proposed special exception use. If a fully engineered subdivision and land development plan will be required, it may be submitted separately, such as after a special exception is approved.

(3)

10 copies of a statement of purpose and extent of the special exception. This statement shall outline in detail the special exception use, any future changes and present and future ownership.

(4)

10 copies of other requests for variance or waivers that may be necessary, including the reasons therefore.

(5)

10 copies of any other information or data the applicant and/or Township may deem necessary or desirable to be submitted.

(6)

If a special exception use consists of or includes any real property lying within a distance of 500 feet from the boundary of any adjoining Township, two additional copies of all documents and information shall be submitted.

The submission date of the special exception use application and the 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 the submission of the application, unless the applicant has agreed in writing to an extension of time.

(3)

The Zoning Officer shall determine the date of the public hearing after consulting with the solicitor to the Zoning Hearing Board.

(a)

Public notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

(b)

The Zoning Officer shall conspicuously post a copy of the public notice on the affected tract of land at least seven days prior to the date of the hearing.

(c)

Such notice shall state the time and place of the hearing and particular nature and location of the matter to be considered at the hearing.

(d)

A copy of the application form with the above dates along with a copy of the public notice and a cover letter requiring attendance at the public hearing and the Planning Commission meeting date, for review and recommendation, shall be forwarded to the applicant by certified mail with a return receipt requested within 30 days of the submission date.

(e)

The Zoning Officer shall submit the application to the Planning Commission for their review and recommendations. However, the Zoning Hearing Board shall meet the time limits of the state law for a decision, regardless of whether the Township Planning Commission has provided comments.

(4)

Within 15 days of the submission date the Zoning Officer shall transmit one copy of the application form and one copy of all supporting data and information to the following:

(a)

The original application form and one copy of the supporting data and information shall remain with the Zoning Officer for the Zoning Officer's file.

(b)

One copy of the application form, supporting data and information shall be provided to each member of the Zoning Hearing Board.

(c)

One copy of the application form, supporting data and information shall be provided to the Solicitor to the Zoning Hearing Board and the Planning Commission along with a notice that a review and report shall be submitted to the Planning Commission.

(d)

One copy of the application form, supporting data and information shall be provided to the Township Secretary for use as the "public inspection copy."

(e)

One copy of the application form, supporting data and information shall be provided to the Township Engineer along with a notice that a review and report shall be submitted to the Planning Commission.

(f)

One copy of the application form, supporting data and information shall be provided to each of the Planning Commission Members along with a request for comments and recommendations.

Planning commission review. In reviewing the application for a special exception hearing, the commission shall take into consideration the design, location, and adequacy of traffic access, parking, landscaping, screening, illumination, and necessary public services and facilities and any other similar factors relating to the health, safety, welfare, comfort, and convenience of the public in general and of the residents of the immediate neighborhood in particular.

Planning commission recommendation. Within 30 days of the filing of the application with the Zoning Officer, the Commission shall act to recommend to the Zoning Hearing Board, in writing, that the tentative site plan be approved, approved with modifications or disapproved. Failure on the part of the Commission to act within 30 days shall not by itself delay action by the Zoning Hearing Board.

Hearings/decision. The procedures for a public hearing shall follow the requirements listed under § 083-080 of this chapter.

(1)

Burden of proof. At the hearing on an application for special exception, the applicant has the burden of proof and shall provide the board with sufficient plans, studies and/or other data necessary to demonstrate to the satisfaction of the Zoning Hearing Board that the application complies with the following:

(a)

Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements and objective criteria set forth in this zoning ordinance such as:

[1]

The kind of use (i.e., the threshold definition of what is authorized as a special exception);

[2]

Specific requirements or standards applicable to a particular special exception (e.g., special setbacks); and shall be suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing and intended character of the general vicinity.

(b)

Compliance with other laws. The applicant shall establish by credible evidence that if approval is conditioned upon compliance with other specific applicable Township, state and federal laws, regulations and permits, the applicant shall provide the required permits or other proof of compliance to the Township prior to the issuance of any zoning permit, building permit, certificate of compliance and/or recording of an approved land development plan.

(2)

Decision. The Zoning Hearing Board shall render a written decision and make written findings on the special exception use application within 45 days after the last hearing before the board.

(a)

In granting a special exception use, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act and the zoning ordinance.

(b)

Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the MPC or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.

A subdivision and/or land development plan shall thereafter be submitted for review and approval, if applicable.

Zoning officer's action. All zoning permits for a special exception as granted by the Zoning Hearing Board shall be issued, rejected or denied by the Zoning Officer in accordance with the following procedures:

(1)

If the Zoning Officer finds the permit application complete and correct in all aspects of the granted special exception, he shall approve and endorse the said application and when a site plan has been submitted, endorse both copies of the said site plan.

(2)

One copy of the endorsed application, the endorsed site plan when applicable, and a completed and signed job placard shall be returned to the applicant. The signed job placard must be conspicuously displayed on the job site during all phases of construction of the permitted conditional use.

(3)

One copy of the endorsed permit shall be forwarded to the Monroe County Tax Assessment Office.

(4)

If the zoning permit application is incomplete, and/or incorrect, the application shall be rejected with the reasons for the rejection stated thereon or attached thereto.

Township of Middle Smithfield, PA

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