A. Application.
(1) Notwithstanding any other section or provisions of this chapter, with respect to any proposed subdivision or land development involving in the aggregate, whether proposed initially or cumulatively, 15 or more lots, 15 or more residential dwelling units of any architectural type(s) or 20,000 square feet or more in the aggregate floor area of all nonresidential buildings, said use(s) shall be permitted only following and pursuant to the issuance of conditional use approval as described below.
(2) An application for conditional use shall be accompanied by a plan, which shall not be finally engineered, showing existing conditions upon the subject property as well as the size and location of all proposed buildings, structures, and accessory facilities, including roads, access driveways, and parking areas.
(3) The application shall be accompanied by information in graphic and/or narrative form to demonstrate to the satisfaction of the Township the technical and economic feasibility of compliance with all applicable standards and criteria including, without limitation, the adequacy of the plan with respect to the accommodation of vehicular and pedestrian circulation and parking; landscaping, screening, and buffering; stormwater management; sedimentation and erosion control; active and passive recreation and open space; architectural compatibility of buildings, structures, and common or public area amenities; restoration and adaptive reuse of any historic resources; the transmission, treatment, and disposal of sanitary sewage; and provision for necessary utilities including potable water.
B. Conditional use procedures.
(1) A conditional use application shall be filed with the Township on such forms as may be prescribed by the Board of Supervisors.
(a) Where the applicant is not the legal or record owner of the property subject to the application, and has entered into a lease agreement for the entire subject property or a portion thereof, the legal or record owner of the property shall sign the application along with the applicant.
(2) The Board of Supervisors shall schedule and hold a public hearing on the application pursuant to public notice within 60 days of filing unless the applicant waives or extends the time limitation.
(3) One copy of the application and supporting material shall be furnished to the Township Planning Commission, the County Planning Commission and any other agencies or consultants deemed appropriate by the Board of Supervisors, together with a request that such agencies submit recommendations regarding the proposed conditional use.
(4) Upon review of the application in terms of the standards and criteria of this chapter, the Board of Supervisors shall render a decision within 45 days next following the last session of the public hearing. In allowing a conditional use, the Board of Supervisors 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 this chapter and the Pennsylvania Municipalities Planning Code.
(5) Any applicant contemplating subdivision or land development as that term is defined in Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland shall, upon receiving conditional use approval, submit a subsequent application for approval pursuant to that chapter and the terms, conditions and requirements thereof.
(6) The applicant shall send written notification of the filing of an application for conditional use to all property owners within 300 feet of the subject property; and to all property owners who have registered their names with the Township pursuant to Subsection B(7) of this section as follows:
(a) The 300 feet shall be measured at a right angle from all points on every property line.
(b) The names and addresses of the adjacent property owners shall be obtained from records of the Chester County Tax Assessment Office. The names and addresses of the owners registered under Subsection B(7) of this section shall be obtained from the Township Zoning Officer.
(c) The notification shall be sent by regular mail and certified mail, return receipt requested, and mailed a minimum of two weeks before the first scheduled public hearing of the Board of Supervisors. At the hearing, the applicant shall provide a copy of each notification sent and certified mail green cards if available. The hearing shall not proceed unless the copies are provided.
(d) At a minimum, the written notice shall contain the street address of the parcel, a general description of what is proposed by the applicant, the time, date and location of the first Board of Supervisors hearing and inform the property owner that only one notice will be provided and that they are not required to attend but may attend if interested.
(7) Owners and occupiers of properties in the Township may register their names with the Township Zoning Officer for purposes of receiving notice of the filing of a conditional use application pursuant to Subsection B(6) of this section.
C. Standards for review of proposed conditional use.
(1) In any instance where the Board of Supervisors is required to consider a request for a conditional use in accordance with express standards and criteria, the burden shall be on the applicant to provide the Board with all information necessary to evaluate the conditional use. The applicant shall demonstrate to the Board's satisfaction that:
(a) The proposed use shall meet all of the specific standards and regulations for eligibility which appear in the section of this chapter authorizing the proposed conditional use.
(b) The size, scope, extent and character of the exception desired and consistent with the plan for future land use in West Whiteland, and with the spirit, purpose and intent of this chapter.
(c) The suitability of the property for the use desired and the new or expanded use, if approved, will be susceptible of regulation or restriction by appropriate conditions and safeguards.
(d) The public interest in, or the need for, the proposed use or change, and the proposal will serve the best interest of the Township, the convenience of the community (where applicable), and the public health, safety, morals and general welfare.
(e) Where pertinent, the effects of the proposal with respect to congestion on the roads or highways, the most appropriate use of land, conserving the value of buildings, safety from fire, panic and other dangers, adequacy of light and air, the prevention of overcrowding of land, congestion of population and adequacy of public and community services will not have a substantially adverse effect thereon.
(f) The proposed change is reasonable in terms of the logical, efficient and economical extension of public services and facilities including, but not limited to, public water, sewers, police and fire protection, transportation and public schools.
(g) The natural features and processes characterizing the proposed site and its surroundings shall not suffer unmitigated degradation, that the management of stormwater, the provision of water and/or sewer service, and any other alterations to the site's predevelopment condition shall be consistent with Township goals, practices and plans in these regards and that demand for water and energy by the proposed use shall be minimized to the optimal extent.
(h) The character and type of development in the area surrounding the location for which the request is made and the proposed change or modification, if permitted, will constitute an appropriate use in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
(i) Development of highway frontage insofar as possible has been designed so as to limit the total number of access points, reduce the need for on-street parking and encourage the frontage of buildings on parallel marginal access roads or on roads perpendicular to the highway.
(j) The probable effects of proposed development on highway congestion has been considered and adequate access arrangements are provided in order to protect major highways from undue congestion and hazard.
[1] Each applicant for conditional use shall establish the effect of the proposed development on the reserve capacity of the public roads and road intersections providing access to and in the area of the subject property. No conditional use shall be granted if an effect thereof will be to materially increase traffic congestion on the said roads or at the said road intersections.
(k) The impact upon on-site and adjacent historic resources of the Township has been mitigated.
(l) Where the property or a portion of the property that is the subject of the application is improved at the time of the conditional use application, the Township may require that any existing development and/or uses on the property comply with all previous conditions of approval of a land development, subdivision, conditional use, special exception, zoning variance, or waiver of any provision of Chapter 281, Subdivision and Land Development, previously granted for the property.
(2) The Board shall, in addition to such other consideration and determinations as may be required by law and other provisions of this chapter, impose such conditions, in addition to those required as are necessary to assure that the intent of this chapter is complied with and which are reasonably necessary to safeguard the health, safety, morals and general welfare of the residents of the Township at large and the residents and owners of the property adjacent to the area in which the proposed use is to be conducted. Conditions may include, but are not limited to, harmonious design of buildings, aesthetics, hours of operation, lighting, numbers of persons involved, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
