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Special Exception Applications
In this chapter, special exceptions may be granted or denied by the Board pursuant to express standards and criteria contained elsewhere in this chapter and general provisions contained in this section. The Board shall pursue the following procedure:
 
1. The Board's decision to grant a permit for special exception use shall be made only after public notice and hearing. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.

2. A copy of each application for a special exception shall be submitted to the Township Planning Commission for review. The Zoning Hearing Board shall not complete hearings on any application without receiving an advisory report from the Township Planning Commission, which report may be submitted to the Zoning Hearing Board in writing or verbally at a hearing; provided, however, if the hearings are completed more than 30 days following the submission to the Planning Commission, the Zoning Hearing Board may complete the hearing process irrespective of whether the Planning Commission has submitted its report.

3. The Zoning Hearing Board may thereafter authorize the Zoning Officer to issue a zoning permit if in its judgment the use meets all specific standards and criteria contained in this chapter and the following general provisions.
 
A. Purpose. The intended purpose of the proposed use must be consistent with the Township's development objectives established in the Comprehensive Plan.

B. Compatibility. The proposed use shall be in the best interest of properties in the general area as well as the community at large. The proposed use will be reviewed as to its relationship to and effect on surrounding land uses and existing environmental conditions regarding the pollution of air, land and water; noise; potential of hazards and congestion; illumination and glare; restrictions to natural light and circulation of air.

C. Suitability. The proposed use shall be suitable for the property in question and shall be designed, constructed, operated and maintained suitably for the anticipated activity and population served, numbers of participating population, frequency of use, adequacy of space and traffic generation.

D. Serviceability. Assurance shall be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal, and the ability of the Township to supply such services.

E. Accessibility. The proposed use shall provide adequate ingress and egress, interior circulation of pedestrians and vehicles, off-street parking and accessibility to the existing or proposed Township street system.

F. Conformity. The proposed use shall be in conformance with all applicable requirements of this chapter and, where applicable, in accordance with the Subdivision and Land Development Ordinance.

G. Water Supply. The applicant must establish that there is an adequate water supply for the proposed use without adversely affecting water supplies utilized by neighboring properties. If connection to an existing public water supply system is proposed, the applicant must submit an agreement committing the public water supply system to provide such water as will be utilized by the proposed special exception use for such period of time and under such terms and conditions as the public water supply system provides water service elsewhere in its service area. If the water supply system proposed involves the utilization of water obtained from the tract proposed for the location of the special exception use or from a nearby tract, the applicant must establish that the groundwater recharge on the tract where the water supply system is located, after development, computed during drought conditions (periods when precipitation is 40% below normal) will exceed projected water usage. The Zoning Hearing Board may require as a condition of approval that the applicant execute an agreement with the Township committing the proposed special exception use not to utilize more water on a daily basis than the groundwater recharge computed during drought conditions and to establish procedures pursuant to which usage can be verified.

H. Drainage. The applicant must establish that the drainage requirements of this chapter will be complied with.

I. Sewage. The applicant must establish that adequate provisions will be made to dispose of the sewerage created by the proposed use consistent with the requirements set forth in the regulations promulgated by the Pennsylvania Department of Environmental Protection.
 
4. The applicant shall have the burden of proof with respect to each and every standard and requirement for the obtaining of a special exception as set forth in this chapter. The applicant's burden shall include the burden of going forward with the evidence and the burden of persuasion with respect to all questions of fact that are to be determined by the Zoning Hearing Board.

5. In granting a special exception, the Zoning Hearing Board shall establish as conditions to the grant of any special exception compliance with the applicable requirements set forth in this chapter, and in addition, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards, in addition to those expressed in this chapter, it deems necessary to insure that any proposed development will secure substantially the purposes of this chapter.

6. Unless otherwise specified or extended by the Zoning Hearing Board, a special exception authorized by the Board expires if the applicant fails to obtain, where required to do so, a building permit or use certificate within six months following the date of the grant of the special exception or fails to complete the work in the one year next following the issuance of a building permit; excepting that in cases where the grant of a building permit or use certificate must be preceded by Township approval of a subdivision or land development plan, the special exception granted by the Board expires if:
 
A. The applicant fails to file with the Township a preliminary subdivision or land development plan meeting applicable subdivision and zoning requirements within six months next following the date of the grant of the special exception; or

B. The applicant fails to file with the Township a final subdivision or land development plan meeting applicable subdivision and zoning requirements within six months next following the date of the approval by the Township of the preliminary plan; or

C. The applicant fails to obtain a building permit or use certificate within six months next following the date of the approval by the Township of the final plan; or

D. The applicant fails to complete the work within one year of the issuance of the building permit.