A. Statement of intent. This chapter provides for certain uses which are conditionally permitted within the Township as conditional uses, designated as such based upon the Supervisors' recognition that such uses may or may not be appropriate within such specific zoning districts where they are otherwise allowed. The Supervisors have therefore determined that procedures, standards and criteria as established in this section are appropriate to enable the Supervisors to evaluate and decide upon conditional use applications. Conditional uses are so classified because they have the potential for substantial impact upon the West Goshen Township community as it has developed. Consequently, these uses must comply with the minimum standards for conditional uses herein described in addition to the area and bulk regulations, design standards and general regulations stipulated as controlling within the zoning district in which the proposed conditional use is authorized. Failure of any proposed conditional use to comply with any of these standards and criteria shall be grounds for denial of a conditional use application. If there is a conflict between the standards set forth in this section and the other applicable criteria and standards elsewhere established in this chapter or other applicable Township ordinances, it is the legislative intent of the Supervisors that the more stringent standards shall always apply. It is not the intent of this section to abrogate or impair any other such standards or requirements.
B. Application submission procedure.

(1) Content of application.

(a) An application for conditional use approval shall be submitted on a form provided by the Township and shall be accompanied by the application fee, the amount of which shall be established by resolution of the Supervisors.
(b) Whenever a conditional use permit is required by this chapter for any use proposed or inherent in any proposed subdivision or land development, six copies of the conditional use application, accompanied by six copies of the conditional use plan, attachments and explanatory materials shall be filed with the Township contemporaneously with the filing of a preliminary plan for subdivision and/or land development, as applicable, complying with the West Goshen Township Subdivision and Land Development Ordinance, codified in Chapter 72 of the West Goshen Code.
(c) Where a preliminary subdivision or land development plan is not required because the conditional use does not occur within the context of a development requiring subdivision or land development approval, the application for conditional use shall include a plan meeting the preliminary plan specifications established in Chapter 72 of the West Goshen Code.

C. Administrative application review procedure. The Zoning Officer shall review the application to determine if it is complete. If deficient in any required component, the Zoning Officer shall notify the applicant of the deficiencies in writing. If such identified deficiencies are not remedied promptly by the applicant, they shall constitute sufficient grounds for denial by the Supervisors of the application subsequent to public hearing should the Board deem such deficiencies to be substantially at variance with the requirements of this or other applicable Township ordinances.
D. Review and decision process for conditional use applications.

(1) Notice of the hearing shall be provided by the Township in accordance with the requirements of the Pennsylvania Municipalities Planning Code. The Board shall schedule the first hearing within 60 days from the date of the Township's receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant should complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or Hearing Officer shall assure that the applicant receives at least seven hours of hearing within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicants case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application, may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.
(2) The hearing shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board. However, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decisions or findings of the hearing officer as final.
(3) Any substantial revisions to the application or plan made by the applicant subsequent to filing of the application or plan or its review by the Planning Commission shall be subject to review and recommendation by the Planning Commission as specified in Subsection D(1) of this section prior to the Supervisors' public hearing. In such event, the Zoning Officer shall secure from the applicant a written extension of the date within which the Supervisors must hold a public hearing pursuant to Subsection D(1) of this section. If the applicant fails to execute the extension, the Supervisors shall decide the conditional use application on the basis of the plan and application as originally filed.
(4) A stenographic record of the hearing shall be made by a certified court reporter, whose appearance fee shall be shared equally by the applicant and the Township. The cost of the original transcript shall be paid by the Supervisors only if they order it or by any party requesting an original transcript or by the person appealing from the decision of the Supervisors in the event of an appeal. In either case, the cost of additional copies shall be paid by the party or person requesting such copies.
(5) The Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Supervisors. The date for the Supervisors' decision may be extended by the applicant either on the record or in writing addressed to the Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based upon this chapter, the PaMPC or any rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. A copy of the decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him no later than the day following its date. If, after the conclusion of the public hearing(s), the application is amended or revised, the Supervisors shall hold one or more public hearings thereon as may be necessary and shall issue a new decision thereon in conformance with the procedure established in this section. In the event that the Supervisors fail to commence the required hearing within 60 days from the date of the applicant's request for a hearing, or fail to complete the hearing no later than 100 days after the completion of the applicant's case-in-chief, unless extended for good cause upon application to the Court of Common Pleas, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time.
(6) In granting or denying a conditional use or establishing conditions will respect thereto, the Supervisors shall determine compliance with the standards and criteria established in this section to be mandatory. The burden shall be upon the applicant to prove his case by a fair preponderance of the credible evidence unless any rule of law shifts that burden to protestants. The standard required by this subsection shall be deemed a part of the definitional aspect under which a conditional use may be granted, and the failure of the applicant to establish his compliance with all of the standards shall constitute sufficient basis for denial of the application. In allowing a conditional use, the Supervisors may attach such reasonable conditions and safeguards in addition to those otherwise expressed in this section as they deem necessary to implement the purposes of this chapter and any other applicable Township ordinances.
(7) Unless otherwise specified by the Board of Supervisors in the conditional use decision, a conditional use approval shall expire if the applicant fails to apply for a building permit or, if no building permit is required, a use and occupancy permit within one year from the date of the Board's decision approving the conditional use. In instances where the development which requires conditional use approval also requires subdivision or land development approval, the conditional use approval shall be valid for as long as the subdivision or land development plans are valid pursuant to Section 508 of the Pennsylvania Municipalities Planning Code, provided that the subdivision or land development plans are filed within one year after receiving conditional use approval. If the subdivision or land development plans are not filed within one year from the date of conditional use approval, the approval shall expire one year from the date of the Board's decision.
(8) Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining all other required approvals mandated by this chapter and other applicable Township ordinances or regulations and the laws and regulations of state and federal regulatory authorities.

For further information on General Standards for approval, see § 84-75.

A. General requirements.

(1) Application for permits shall be made, in writing, on an appropriate form to the Zoning Officer and shall contain all information necessary for such officer to ascertain whether the proposed use of land, buildings or other improvements which are the subject of the application comply or shall comply with the provisions of this chapter and all other applicable Township ordinances and statutes of governing authorities having jurisdiction.
(2) Applications for permits required under this chapter shall be submitted by the landowner or a designated representative thereof; however, responsibility for obtaining any required permit in compliance with this chapter and all Township ordinances and statutes shall be the responsibility of the property owner in title.

(a) Application for building permits. All applications for building permits shall be made to the Township building official in accordance with the Building Code.
(b) Issuance of building permits. No building permit shall be issued until the Zoning Officer has certified that the proposed building, structure, extension or alteration complies with the provisions of this chapter and all applicable Township ordinances and statutes.

(3) No permit shall be issued except in conformity with the provisions of this chapter and other existing Township ordinances and statutes, except upon written order of the Zoning Hearing Board, the Board of Supervisors or a court of competent jurisdiction, as applicable; provided, however, that permits issued pursuant to such written orders shall be subject to any conditions and stipulations contained in such orders.
(4) In all instances in which the Zoning Officer has or expresses a reasonable doubt as to the ability of the proposed use or the land on which it is to be conducted or erected to meet all of the requirements of this chapter, any other applicable Township ordinance or statute, it shall be incumbent upon the applicant to furnish adequate evidence of compliance in support of its application. If the Zoning Officer determines that such adequate evidence has not been furnished, the zoning permit will be denied.
(5) The parcel or parcels of land, buildings or structures or parts thereof for which an application is submitted shall be in full ownership of the applicant or proof of equitable ownership shall be furnished at the time of application.
(6) Permits shall be granted or refused within 30 days from the date of application and shall be valid for a period not to exceed one year from the date of issuance. If construction is commenced under any such issued permit within such period, the Zoning Officer is authorized to extend the permit for a period not to exceed one additional year from the date of expiration of the initial one-year period. The Zoning Officer is authorized to revoke any building permit where there has been a cessation of construction work of more than six months.
(7) No application is complete until all necessary documents have been filed and all fees have been paid.

B. Application for permits.

(1) Applications for zoning and building permits shall be accompanied by the following in the R-2, R-3 and R-4 Residential Districts: plans in duplicate drawn to scale and showing the following:

(a) The actual dimensions and shape of the lot to be built upon and, when required by the Township Engineer, a soil and erosion plan.
(b) The exact size and location with relationship to the lot of all existing buildings and structures of any kind, if any, and the location and dimensions of all proposed buildings, other structures, extensions or alterations thereof of any kind.
(c) Existing and proposed uses, giving the number of existing and proposed units or families the building is designed to accommodate.
(d) Any additional information that may be required by the Zoning Officer, the Township Building Official or the Township Engineer or as required by any other section or provision of this chapter.
(e) A narrative description of the provision for water and sanitary sewerage and, in the instance of an on-site sanitary sewer system and/or water well, a true and correct copy of the permit therefor issued by the Chester County Health Department or other regulatory authority having jurisdiction.

(2) In all other zoning districts, the approved subdivision or land development plan.

C. Sign permit.

(1) A sign permit shall be required prior to the erection of any sign.
(2) Application for permit shall be made in writing to the Zoning Officer designated by the Board of Supervisors and shall contain all information necessary for such officer to determine whether the proposed sign or the proposed alterations conform to all the requirements of this chapter.
(3) Permits shall be granted or refused within 15 days from date of application.
(4) No sign permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
(5) All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale showing the following:

(a) Exact dimensions of lot or building upon which the sign is proposed to be erected.
(b) Exact size, dimensions and location of the said sign on lot or building.
(c) Any other lawful information which may be required of applicant by the Zoning Officer. One copy of said plan or diagram shall be returned to applicant, after the Zoning Officer shall have marked such copy either approved or disapproved and attested to the same.

D. Permit for microwave antenna for satellite communication.

(1) A permit shall be required prior to the erection or installation of any microwave antenna for satellite communication (microwave antenna).
(2) The application process shall be in conformity with § 84-67A(2) through (7), inclusive.
(3) All applications shall be accompanied by plans, in duplicate and to scale, showing:

(a) The dimensions of the lot and location of the buildings thereon.
(b) Details of all microwave antenna anchors, supports and foundations and the exact proposed location thereon on the lot.
(c) The proposed location, type and height of the required screen.
(d) Design, wind load on each anchor and allowable wind load on each anchor.
(e) Forces on foundation, including live load and dead load.
(f) Allowable soil bearing pressure and actual soil bearing pressure.
(g) Strength and allowable stresses of cables, rods or braces; actual force and allowable force for each cable, rod or brace.
(h) When microwave antenna(e) are attached to an existing structure, details of how microwave antenna loads will be distributed to the existing structure shall be provided.