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SPECIAL EXCEPTION: SAFETY AND WELFARE STANDARDS
Accelerated Enterprises, Inc. v. Hazle Township ZHB, Pa. Commw. (April 20, 2001)
Cite: 773 A.2d 824
A "special exception" to operate a commercial, outdoor recreational facility in an area zoned as a mining district was properly denied by ZHB where the objectors showed that the use would pose a substantial risk to the safety and welfare of the community. The ZHB found that, because of the site's inaccessibility, the proposed use would have an adverse effect on emergency response to accidents and fires. In turn this situation would substantially affect the health, safety and welfare of the community to a greater extent than what is normally expected with a commercial recreational facility.
The Commonwealth followed earlier decisions that in considering adverse effect of proposes uses, the effect of that particular facility not the type of facility in general is to be considered.
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