About the Conditional Use Hearing

The Birchrunville Schoolhouse was sold at auction in 2004 after having served as the West Vincent Township municipal offices for 40 years. Birch Run Village, LLC has introduced a major development proposal for the property which threatens the historic character of the village.

The Board of Supervisors of West Vincent Township held public hearings on October 14 and October 21 regarding the Conditional Use Application of Birch Run Village, LLC. The application was withdrawn on October 28 and no decision was rendered. However, the land development plan is still active.

The following information will provide some background on the purpose of a Conditional Use Hearing and why it is important to attend and voice your opinion.

The first point we want to make clear is that a Conditional Use Hearing is but
one step in the land development process and arguably the easiest step. This is
because a Conditional Use Hearing only resolves questions regarding what type of
development is permitted. For example, the question of whether or not a
commercial building is allowed on the schoolhouse parcel will likely be decided
in the affirmative, so a conditional use may well be granted (albeit with
“conditions”).

However, it is important to note that granting a conditional use does not entail
approval of a specific plan or a resolution of zoning ordinance violations in
the plan.  These issues must be addressed by the Zoning Hearing Board (and not
the Board of Supervisors) at a future date.

But, the Conditional Use Hearing is very important in another way. It is a forum
where arguments can be made on the record which will be used in any further
hearings regarding the development plan (i.e. in front of the Zoning Hearing
board or a court of law).

We have arranged for our expert team to present compelling arguments on behalf of
the HBNA. However, we also want to stress that anyone can speak for themselves
(regardless of HBNA member status) and we encourage you to present your own
comments.

IMPORTANT NOTE: If you want to make comments on the record, you will need to apply for party status at the start of the hearing.
 
If you are not sure what to say, take a look at these requirements from the
“Standards for Review of Proposed Conditional Use” section of the township’s
Application for Conditional Use:
  

- The proposed use will satisfy all the applicable requirements and provisions
of the Township Subdivision and Land Development Ordinance and all other
Township codes and ordinances…

- The proposed use and its location are consistent with the Comprehensive Plan
the Township Act 537 Sewage Facilities Plan…

- The use will not adversely affect the health safety or general welfare of the
Township.

- The proposed use is consistent with the general nature of surrounding uses and
will not conflict with existing uses on neighboring properties…

- The proposed use will provide for safe and adequate access to roads and public
utilities and will not create excessive demands on existing streets, services,
utilities, storm water controls or adversely affecting surrounding properties or
the area in general.

Certainly we all have many comments regarding one or more of these issues.

Most importantly however, we need testimony on life in the village and how this
development will put at risk all we have a right to expect as residents of
historic Birchrunville.