Conditional Use

Applications & Forms

conditional-use-application                              conditional-use-escrow-application

conditional-use-hearing-time-waiver              owner-authorization-form

Fee Schedule                                                    plan-submittal-requirements

pennsylvania-municipalities-planning-code

Conditional Use [§340-27]

The VC Village Commercial District is intended to establish reasonable standards for a variety of residential and nonresidential uses within the Main Street village corridor.

A Conditional Use Application is required if you own a property located in the Village Commercial District and you would like do any of the following:

  1. Change to operate a business anywhere on a property that is currently a being occupied as a residential property.
  2. Change from existing use classification to a different classification. For example, changing the use from personal services to a retail shop.
  3. Change from a single use to a mixed use. For example, changing from a personal services classification to a combined use of retail and personal services, or any combination of uses.

It is important to note that each building has an existing use. You may use the premises only under the terms of the existing use. If you would like to change the use or offer additional uses, even though they may be listed as “approved uses”, you must apply for a Conditional Use and obtain approval by Borough Council before you may begin offering any of those additional services.

Conditional Use Procedure

  1. All Conditional Use applications shall be made in writing on the Conditional Use Application form and shall be in accordance with the Trappe Borough Zoning and Subdivision & Land Development Ordinances and the Pennsylvania Municipalities Planning Code.
  2. The completed Conditional Use Application, with all required fees, site plans and additional information shall be submitted to the Zoning Officer. Applicant is responsible to see that a Borough official notes the date of receipt on the Conditional Use Application. Applicant(s) must submit to the Borough thirty (30) copies of the application, plans, drawings, documents, diagrams, photographs and/or any other information to be submitted for review to the Borough. For all commercial properties Applicant is required to submit plans prepared by a Pennsylvania certified engineer, architect or plan designer that have been signed and sealed.
  3. A complete application is achieved when all fees are paid, site plans comply with all regulations with all appropriate submission procedures, and relevant sections of the Conditional Use Application are fully completed. All materials must be received on or before the submission deadline. If an application is not fully completed, the application will not be accepted.
  4. SUBMISSION DEADLINE FOR ALL CONDITIONAL USE APPLICATIONS – All Conditional Use applications must be filed thirty-five (35) days prior to the regularly scheduled Planning Commission meeting. There are no exceptions to this filing date. If the Conditional Use application is not filed within the aforementioned time frame, the Conditional Use appeal application will be heard the following month.
  5. Upon receipt of the complete Conditional Use Application, the Zoning Officer will review the Conditional Use Application and will forward his or her review along with a full and complete copy of the application and supporting documentation to the following for their review and consideration: Trappe Borough Planning Commission Members; Borough Engineer; Borough Solicitor; Fire Marshal; Fire Chief; Public Works Director; Montgomery County Planning Commission; and PA State Police.
  6. Applicant(s) will be notified in writing by the Zoning Officer of the date and time of the next regularly scheduled Planning Commission Meeting during which the Conditional Use Application will be considered. Applicant(s) and/or their representatives must be in attendance.
  7. The Borough shall request the review and recommendations of the Trappe Borough Planning Commission prior to the public hearing.
  8. The Borough shall request, prior to a public hearing, the review and recommendations of technical agencies such as the Montgomery County Planning Commission and other planning agencies as necessary to assist in determining the environmental impact of the proposed use(s).
  9. Borough Council will schedule a public hearing within 60 days after the application was first filed. Public notice of the hearing shall be given in accordance with PA Municipalities Planning Code (MPC) §908. Applicant(s) and/or their representative are required to be present for the hearing.
  10. The Borough will post a notice on the property a minimum of seven (7) days before the hearing. The Applicant is responsible for the maintenance of the notice. If the notice is removed or destroyed, the property owner must immediately obtain another notice and conspicuously post it.
  11. Borough Council is permitted forty-five (45) days to render a written decision following the last hearing. A signed copy of the written Findings of Fact and Order will be sent by certified mail to the Applicant(s) not later than the day following its date.
  12. In rendering a decision, the Borough may impose special measures or conditions as deemed reasonably necessary and appropriate for the proposed use(s) to conform with the Trappe Borough Zoning Code.
  13. If Applicant(s) has been granted the Conditional Use the next step is to obtain any and all required permits.

Conditional Use Application Process

  1. Complete, sign and date the application. Applicant is required to submit thirty (30) copies of the completed application to the Borough.
  2. Under the provisions of the MPC only an equitable landowner or a tenant with written
    permission of the landowner shall file a Conditional Use Application. Applicant(s) must include a copy of the deed and latest Agreement of Sale with the application.
  3. Applicant must provide a written response to each of the conditional use criteria questions and conditional use requirement questions enumerated on pages 4 through 9 of the Conditional Use Application. Applicant is required to submit thirty (30) copies of the written responses to the Borough.
  4. Applicant must submit to the Borough thirty (30) copies of plans, drawings, documents, diagrams, photographs and/or any other information to be submitted for review to the Borough. For all commercial properties Applicant is required to submit plans prepared by a Pennsylvania certified engineer, architect or plan designer that have been signed and sealed.
  5. Applicant must pay the required application and escrow fees. All checks must be payable to “Trappe Borough”. For applicable fees, please refer to the current year Trappe Borough Fee Schedule.
  6. Applicant must sign, date and submit the Escrow Agreement along with their escrow payment as per the current year Trappe Borough Fee Schedule.
  7. Please read the application carefully. You must submit all required documents with your application or it will be returned to you.
  8. Important Note: If you are a contractor or individual submitting a permit application on behalf of the property owner you must submit an Owners Authorization Form with the owner’s original signature. The Borough will not accept faxed copies because the form must have the property owner’s original signature. If this form is not included with your permit application submission, the application will not be accepted. If you are the property owner and you are submitting the application on your own, you are not required to include this form.
  9. ALL ITEMS MUST BE RECEIVED AT LEAST THIRTY-FIVE (35) DAYS BEFORE THE PLANNING COMMISSION’S ADVERTISED MONTHLY MEETING TO BE INCLUDED ON THAT MEETING’S AGENDA.

Permitted Uses [§340-29]

The following uses are permitted only when approved by Borough Council as conditional uses, in compliance with the intensity and dimensional standards in the Trappe Borough Code §340-31 and §340-32 and the conditional use standards.
It is important to note that each building has an existing use. You may use the premises only under the terms of the existing use. If you would like to change the use or offer additional uses, even though they may be listed as “approved uses”, you must apply for a Conditional Use and obtain approval by Borough Council before you may begin offering any of those additional services.

  • CLASS 1 USES:

    1. Two or more dwelling units in one building or on one lot, excluding townhouses.
    2. Group day-care home or day-care center.
    3. Group home, club, lodge or residential club.
    4. Hotel, inn or restaurant, not including fast food.
    5. Offices, retail shops or personal service shops.
    6. Bank or financial institution.
    7. Repair shop for electronic equipment and/or small appliances (carry-in).
  • CLASS 2 USES:

    1. Funeral home.
    2. Place of worship, school.
    3. Nursing home, personal care facilities, hospital, sanitarium, public residential institution.
    4. Borough administrative building, community center, public park or any similar use.
  • ACCESSORY USES:

    1. Accessory uses customarily incidental to the uses listed above, including home occupations.

Prohibited Uses [§340-30]

The following uses are strictly prohibited:

  1. Outdoor display, sales or storage of materials or equipment, except for garden shops/nursery stock, when placed to the rear or side of buildings.
  2. Manufacturing.
  3. Gas stations of any kind.
  4. Indoor and outdoor places of amusement, such as, but not limited to arcades and miniature golf.
  5. Automobile or other vehicle sales, service, storage and/or repair agencies for new, used or junk vehicles.
  6. Convenience food stores.
  7. Beverage distributors.
  8. Car washes.
  9. Building supplies, mini warehouses.
  10. Adult uses.
  11. Industrial uses.
  12. Fraternity house.
  13. Uses of a similar nature to the uses listed above

Conditional Use Requirements [§340-15]

Whenever an application for use is subject to conditional use requirements, the following shall be applicable:

  • Procedures. Plans for conditional use shall be submitted to the Borough Council in accordance with Chapter 295, Subdivision and Land Development, as well as applicable sections concerning said use under this chapter.
  • Standards and criteria for conditional use. In acting on a request for a conditional use, the Borough Council and Planning Commission shall consider the impact of the requested conditional use on the Borough and all facilities and systems as listed below. The applicant shall provide all of the information, data and studies needed to allow the Borough Council and Planning Commission to reach conclusive evaluations of the items listed below:
    1. The compatibility of the proposed development with existing and proposed land uses adjacent to the site.
    2. The impact on the Borough transportation network and the ability of adjacent streets and intersections to efficiently and safely move the volume of traffic generated by the development.
    3. The impact on the Perkiomen Valley School District, including an estimate of new pupils generated by the proposed development and their impact on classroom capacities, class sizes, existing or planned facilities.
    4. The impact on the Borough’s community facilities including estimates of additional community facilities which will be needed to serve the proposed conditional use and estimates of the abilities of existing commercial facilities to meet the demands generated by the proposed conditional use.
    5. The impact on the economy of the Borough and region including an analysis of the work locations of the residents of the proposed development.
    6. The impact on the Borough’s community facilities, including estimates of additional community facilities which will be needed to serve the proposed conditional use. Community facilities include but shall not be limited to sewage disposal facilities and systems, solid waste disposal facilities and systems, water supply facilities and systems, storm drainage systems and electrical utility facilities and systems.
    7. The ability of the Borough to provide police and fire protection to the proposed conditional use.
    8. The impact on the Borough’s recreation facilities including estimates of additional facilities which will be needed to serve the conditional use.
    9. A cost revenue analysis which shall identify the net cost of the proposed conditional use to the Borough and to the Perkiomen Valley School District. The net cost shall be the difference between the governmental expenditures which will be required to serve the proposed conditional use and the revenues that it will generate. The cost analysis shall clearly identify whether a net gain or a net loss is anticipated and shall itemize the measurements used in the evaluation.
  • Findings.
    1. The Borough Council shall consider the recommendations of the Borough Planning Commission before granting or denying tentative approval of a development plan.
    2. The Borough Council shall by official communication to the applicant either:
      1. Grant tentative approval of the plan as submitted;
      2. Grant tentative approval subject to specified conditions and included in the plan as submitted; or
      3. Deny tentative approval of the plan.
    3. The Trappe Borough Council may further attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code as well as the purposes and objectives of this Trappe Borough Zoning Code.

Conditional Use Applicable Zoning Code

See also, the following pertinent sections of the Trappe Borough Code as they relate to Conditional Use:

Purpose Article VII – §340-27
By Right Uses Article VII – §340-28
Conditional Uses Article VII – §340-29
Prohibited Uses Article VII – §340-30
Maximum Intensity Article VII – §340-31
Dimensional Standards Article VII – §340-32
Standards & Criteria Article VII – §340-33
Vehicular Access, Parking & Sidewalks Article VII – §340-34
Landscaping & Buffering Article VII – §340-35
Other Regulations Article VII – §340-36
Conditional Use Requirements Article XVI – §340-115

FLOODPLAIN DISTRICT:

Floodplain Conditional Uses Article XIX – §340-139
Application Procedures Article XIX – §340-140
Procedures for Consideration Article XIX – §340-141
Standard for Approval Article XVI – §340-142

Conditional Use Application, Forms & Documents

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