§ 450-21. Conditional use process.  


Latest version.
  • A. 
    Purpose. The conditional use approval process is designed to allow the Borough Council to review and approve certain uses that could have significant impacts upon the community and the environment.
    B. 
    Procedure. The Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
    (1) 
    Submittal. A site plan shall be submitted, which shall contain the information listed in § 450-6C. Detailed site engineering (such as stormwater calculations and profiles) are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved. Or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
    (2) 
    Reviews.
    (a) 
    The Zoning Officer should provide a review to the Borough Council regarding the compliance of the application with this chapter.
    (b) 
    The Borough Staff shall submit a conditional use application to the Planning Commission for any review that the Commission may wish to provide. However, the Borough Council shall meet the time limits for a decision, regardless of whether the Planning Commission has provided comments.
    (3) 
    The only uses that shall be approved as conditional uses shall be those listed as conditional uses in Article IV of this chapter or those in areas where there are steep slopes 25% and over.
    (4) 
    Time limit. See Section 913.2 of the Pennsylvania Municipalities Planning Code.
    Editor's Note: See 53 P.S. § 10913.2.
    C. 
    Consideration of conditional use application. The Borough Council shall determine whether the proposed conditional use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 450-20C for a special exception use.
    D. 
    Conditions. In approving conditional use applications, the Borough Council may attach conditions they consider necessary to protect the public welfare and meet the standards of this chapter. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this chapter.