A. Before approving a conditional use application, the Board of Supervisors shall determine that the proposed use complies with the following general standards and criteria, which are in addition to any other requirements in this Chapter for a specific type of use or development:
1. The proposed use will not alter the established character and use of the neighborhood or district in which it is located, and will not substantially impair the use or development of adjacent properties.
2. The establishment, maintenance, location and operation of the proposed use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
3. The proposed use complies with all applicable provisions and requirements for that type of use contained in this Chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable Federal, State, County, and Township laws, statutes, ordinances and regulations, including but not limited to: Chapter 174, Subdivision and Land Development; and Chapter 165, Stormwater Management, of the Marshall Township Code of Ordinances, as amended.
4. The proposed use is compatible with surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.
5. The proposed site of the conditional use is suitable in terms of topography, soil conditions and size, based on number of projected users and the frequency of use of the proposed use.
6. The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe and efficient internal circulation and sufficient off-street parking and loading.
7. The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, storm water management, solid and toxic waste storage and disposal.
8. The proposed use provides landscaping, screening and buffer areas sufficient to protect the use, enjoyment and development of adjacent properties.
9. The proposed use is in general conformity with the Township Comprehensive Plan.
B. The Board of Supervisors shall grant a conditional use only if it finds adequate evidence presented by the applicant that the proposed conditional use is duly authorized under provisions of this chapter, that the application falls within the terms of the specific provisions allowing for conditional uses and that the proposed use complies with all other requirements of this chapter. The Board of Supervisors shall refuse an application for conditional use where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and morals or general welfare of the community at large. The Board of Supervisors, in granting a conditional use, may attach such reasonable conditions and safeguards other than those related to offsite transportation or road improvement, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act and the zoning ordinance, except that conditions of approval shall not include those related to off-site transportation or road improvements pursuant to Section 603(c) (2) of the MPC.
C. The Board of Supervisors shall, among other things, require that any proposed use and location be:
1. In accordance with the Marshall Township Comprehensive Plan and consistent with the spirit, purposes and the intent of this chapter.
2. In the best interests of the township, the convenience of the community and the public welfare and be a substantial improvement to the property in the immediate vicinity.
3. Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
4. In conformance with all applicable requirements of this chapter.
5 Traffic Impact:
(a) A traffic impact study (TIS) shall be required (unless otherwise waived by Board of Supervisors) as described is Section 174-205(D) (14) of the Marshall Township Subdivision and Land Development Ordinance.
