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Conditional Use
The procedure for the granting of conditional uses in any zoning district shall be as follows:
A. The applicant shall file an application for a conditional use permit with the Board of Supervisors. The application shall contain the following material:
(1) Appropriate design plans and/or specifications, in conformance with the requirements for a preliminary subdivision or land development plan.
(2) Photographs depicting the site.
(3) Appropriate engineering responses to any identified or suspected site development problem.
(4) Other related information required to support the application.
B. The Board of Supervisors shall conduct a public hearing pursuant to public notice.
C. In considering any conditional use application, the Board of Supervisors may consult with the Township Planning Commission, the Montgomery County Planning Commission, the Township Engineer and other technical experts to determine the feasibility of such proposed use.
D. Conditions of approval. In allowing a conditional use, where such use is permitted, the Board may attach such reasonable conditions and safeguards, as it may deem necessary, to implement the purposes of the Pennsylvania Municipalities Planning Code, as amended, and this chapter.
E. If the conditional use permit is granted, the applicant shall proceed to meet the other requirements of this chapter and the requirements of Chapter 105, Subdivision and Land Development, and Chapter 58, Grading, Erosion Control, Stormwater Management and Best Management Practices, if applicable.
F. In any instance where the Board of Supervisors is required to consider a request for a conditional use in accordance with the provisions of this chapter, the Board shall:
(1) Determine whether the conditional use is specifically authorized by a provision of this chapter.
(2) Determine that the proposed use will be compatible with the character of the neighborhood and that the use of property adjacent to the area of the proposed use is adequately safeguarded, if necessary.
(3) Determine that the proposed use or change will not have a harmful effect on local vehicular or pedestrian traffic due to any of the following:
(a) Size or bulk of the proposed use or change.
(b) Expected daily and peak hour traffic generated by the proposed use or change.
(c) Location of entrance and exit drives or new streets.
(d) Design and capacity of off-street parking facilities.
(4) Determine that the proposed use is consistent with the policies contained within the Whitemarsh Township Comprehensive Plan and the Whitemarsh Township Open Space Plan.
(5) Determine that the surrounding neighborhood will not be subjected to objectionable noise, lighting, glare, heat, ventilation, smoke, fumes, vapors, dust, dirt, gases or radioactive or electrical disturbances by the proposed use or change.
(6) Determine that the design of the proposed development minimizes adverse effects, including visual impacts, of the proposed use on adjacent properties.
(7) Determine that the proposed use will comply with the regulations of the zoning districts in which it is located and this chapter generally, including but not limited to, all lot, yard and bulk regulations, parking and loading regulations, sign regulations, floodplain regulations and all other applicable ordinances.
(8) Determine that the proposed use or change does not unduly burden sanitary sewers, school, police, fire, park, stormwater management or other public facilities or services, whether or not provided by the Township.