A permit under this chapter for a conditional use shall be issued by the Zoning Officer only upon the written order of the Borough Council, after the Planning Commission has been given an opportunity to review the application.
1. Applicability. Certain uses that are permitted by this chapter as "conditional uses" shall be required to follow the review and zoning approval procedures described in this section.
2. Procedure.
A. Submission.
(1) Three complete copies of any required site plan meeting the requirements of
§ 27-117 shall be submitted to the Borough.
(2) The Zoning Officer shall refuse to accept an incomplete application which does not provide sufficient information to determine compliance with this chapter.
B. Distribution. The Borough shall distribute at least one copy of the site plan to the Planning Commission. A minimum of one copy shall be retained in the Borough files. The Borough Fire Bureau should be given an opportunity for a review, if deemed appropriate by the Zoning Officer.
C. Zoning Officer Review. The Zoning Officer shall report in writing or in person to the Planning Commission or Borough Council stating whether the proposal complies with this chapter. The Zoning Officer or Planning Commission may request a review by the Borough Engineer.
D. Planning Commission. The Planning Commission shall be given an opportunity to review the conditional use application and submit a recommendation to the Borough Council within the time limit in subsection (2)(E)(1), below.
E. Council Action.
(1) The Borough Council shall not act to approve or deny a conditional use application unless: (A) the Council has received the reports of the Zoning Officer and the Planning Commission; or, (B) unless a period of 60 days has passed from the date of the application.
(2) The Borough Council shall approve, conditionally approve or disapprove the conditional use submission within a maximum of 90 days from the date of the first scheduled Planning Commission regular meeting following the submission of a complete and proper application, unless the applicant has agreed to a written time extension.
(3) In granting a conditional use, the Borough Council 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.
(4) The decision of the Borough Council shall be in writing and shall be directly communicated to, delivered to or mailed to the last known address of the applicant or his/her representative.
3. Approval of Conditional Uses. The Borough Council shall approve any proposed conditional use if Council finds adequate evidence that the proposed use:
A. Complies with any specific requirements for the proposed use listed in
§ 27-402 or
§ 27-403.
B. Complies with other applicable sections of this chapter.
C. Generally will be capable of meeting applicable sections of the Subdivision and Land Development Ordinance [
Chapter 22].
D. Complies with all of the following standards:
(1) Other Laws. Will not clearly be in conflict with other Borough ordinances or state or federal laws or regulations known to the Borough. The Borough may require an applicant to prove compliance, or to prove that appropriate applications have been submitted to obtain such compliance.
(2) Traffic. Will not result in or significantly add to a significant traffic hazard or significant net increase in traffic congestion, after taking into any improvements proposed to be funded or completed by the applicant.
(3) Safety. Will not create a significant public safety hazard, including fire, toxic or explosive hazards.
(4) Stormwater Management. Will follow adequate, professionally accepted engineering methods to manage stormwater. Stormwater shall not be one of the criteria in making a decision under this chapter if the application clearly would be subject to a separate engineering review and an approval of stormwater management by the Planning Commission under the Subdivision and Land Development Ordinance [Chapter 22].
(5) Neighborhood. Will not negatively affect the desirable character of an existing residential neighborhood in a significant way.
(6) Site Planning. Will involve adequate site design methods, including plant screening and setbacks as needed to avoid significant negative impacts on adjacent uses.
(7) Performance Standards. Will not have a serious threat of inability to comply with the performance standards of this chapter, as stated in
Part 5.
