(1) Application and fees. Application for a conditional use shall be made to the Board of Commissioners and shall be accompanied by a plan of the property showing the details of the use proposed, along with such other written and graphic material as required by the applicable provisions of the Upper Chichester Township Subdivision and Land Development Ordinance of 1992 and the applicable provisions of this chapter to adequately determine the appropriateness of the use at the location proposed. The application shall be accompanied by such fees as shall be established by the Commissioners, in an amount to cover all costs incurred by the Township.
(2) Public hearing.

(a) Within 60 days after the applicant files an application for a conditional use, the Board of Commissioners shall hold a public hearing pursuant to public notice. The cost of such public hearing(s) shall be borne by the applicant. Notice of the public hearing shall be given to those persons and agencies which would be entitled to notice if the same premises were subject to an application to the Zoning Hearing Board of Upper Chichester Township as a special exception and to all others who have registered their names with the Upper Chichester Township Zoning Officer for that purpose.
(b) After a full review of the application, the Board of Commissioners shall render a written decision, or, when no decision is called for, make written findings on the application. When the application is contested or denied, the decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Such decision or written finding shall be made by the Board no later than 45 days after the last hearing.
(c) The Board of Commissioners shall approve or disapprove the application by resolution and shall send a written notification to the applicant within 10 days of a decision.

(3) Method of determination.

(a) The Board of Commissioners shall, within 45 days of the date of the last hearing, render a final decision and shall by official communication to the applicant either:

[1] Approve the application as presented;
[2] Disapprove the application as presented;
[3] Approve the application, subject to specified conditions.

(b) Failure to act within said period shall be deemed to be a grant of approval of the application.
(c) If the application involves a land development, a detailed plan review shall be required by the Township after the application of the conditional use has been acted upon by the Board of Commissioners. This review shall be in accordance with the procedures outlined in Chapter 505, Subdivision and Land Development. If the applicant wishes to provide the necessary documentation, the Board of Commissioners may consider the concurrent review of the conditional use requested and the detailed plans for the development. Time limits for review of the detailed plans, if necessary, will be governed by Chapter 505, Subdivision and Land Development.

(1) In any instance where the Board of Commissioners is required to consider a request for a conditional use, the Board shall consider the following factors where appropriate:

(a) That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage disposal, water supply, accessibility, and availability of public services and that adequate provisions be made to protect sensitive environmental features such as streams, wetlands, slopes, and mature trees.
(b) That the proposed use is compatible with the character of the surrounding neighborhood and will not interfere with or detract from legitimate uses and adjacent properties and that adequate measures will be provided through building design, site layout, landscaping, planting, and operational controls to minimize any impacts caused by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading, and signage.
(c) That the proposed conditional use will serve the best interest of the Township, convenience of the community, and the public health, safety, and welfare.
(d) That the proposed use is consistent with the objectives and recommendations of the Multi-Municipal Comprehensive Plan for Aston, Lower Chichester, and Upper Chichester Townships of 2005.
(e) That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.
(f) That the proposed use is suitable in terms of its effect on highway safety and traffic circulation, and that access, on-site circulation, and parking are adequate in view of anticipated traffic.
(g) That existing public roads shall be adequate to serve additional traffic reasonably likely to be generated by the proposed use.

[1] Financial hardship shall not be construed as a basis for granting conditional uses.
[2] In granting any request for a conditional use, the Board of Commissioners may attach reasonable conditions and safeguards in addition to those expressed in this article as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter, which conditions and safeguards may relate to, but may not be limited to, screening, lighting, parking, signage, noise, safety, aesthetics, and the minimization of noxious, offensive, or hazardous elements. Such conditional use shall be clearly authorized by a provision in this chapter.

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