A. Intent. In order to limit the potential impact that certain uses may create on other surrounding uses and the general welfare of the Township, certain reasonable conditions and safeguards are imposed prior to granting approval.
B. Requirements. The following provisions shall apply to conditional use applications, in addition to the provisions of the district in which the proposed use is located.
C. Application. The application for a conditional use permit shall include a proposed plan indicating the size and location of the proposed use, the location of all proposed buildings and facilities, and the location of all existing buildings and structures on adjacent properties within 500 feet of the property line. Application for a conditional use permit shall be filed with the Township Secretary with accompanying form, text and fees. All owners of land within 500 feet of the property shall be notified by the applicant of the conditional use application. The applicant shall be able to show proof at the conditional use hearing that all property owners were notified.
D. Procedure for review.

(1) The Township Planning Commission shall review each conditional use request pursuant to the criteria under § 200-152E, and submit its recommendations to the Board of Supervisors.
(2) After review by the Planning Commission, the Board of Supervisors shall hold a public hearing pursuant to public notice. The public hearing shall be held within 60 days from the date the application was duly filed.
(3) Following the public hearing, the Board of Supervisors shall render a decision on the matter in accordance with the provisions set forth in § 200-161: Decisions.

E. Criteria. The following criteria shall be used as a guide in evaluating a proposed conditional use. The burden of proof in establishing that all criteria have been met shall at all times rest upon the applicant.

(1) The proposed use at the location in question shall be in the public interest and best serve the public health, safety, and general welfare.
(2) The proposed use shall be consistent with the goals and objectives of the New Garden Township Comprehensive Plan of 1993 and those of the New Garden Township Open Space, Recreation, and Environmental Resource Plan of 1993.
(3) The size, scope, extent and character of the proposed use shall be consistent with the spirit, purpose and intent of this chapter.
(4) Applicant shall take into consideration the character and type of development in the area surrounding the tract, and determine that the proposed change will not injure or detract from the use of surrounding properties or from the character of the neighborhood.
(5) Consider the effect of the proposed use with respect to the most appropriate use of land, conserving building and property values, and safety from fire and other dangers.
(6) Sufficient land area shall be made available to be able to effectively screen the proposed conditional use from adjoining different uses.
(7) Sufficient safeguards for parking, traffic control, screening, setbacks and other design requirements under Article XVI: Design Standards can be implemented to remove any potential adverse influences created by the proposed use.
(8) The impact and effect on buildings or districts of historical or architectural significance.

F. Safeguards. In granting 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, Act 247, as amended.
G. Extension or change. A use of a building or lot authorized as a conditional use, either by decision of the Board of Supervisors or by the enactment of or amendment to the Zoning Chapter, may be extended or changed within the building or upon the lot only when authorized as a conditional use following application to and approval by the Board of Supervisors in accordance with procedures, standards and criteria set forth in the Zoning Chapter.

See Forms, Permits and Fees for more information.