A.
In addition to the general criteria listed in §§ 180-119C and 180-128, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such cases, the specific special exception or conditional use standards shall apply.
B.
For the purpose of this article, any required setbacks
imposed upon special exceptions or conditional uses shall be measured
from the boundary line of the site for which the special exception
or conditional use is requested, regardless of whether or not this
line corresponds to a property line or lease line.
C.
For special exception or conditional use applications which require the filing of subdivision and/or land development plans under Chapter 147, Subdivision and Land Development, as amended, such special exception or conditional use application may be pursued concurrently with the review of the subdivision and/or land development plan. However, no preliminary approval of a subdivision and/or land development plan (for major subdivisions and/or land developments as defined in Chapter 147, Subdivision and Land Development) or final approval (for minor subdivisions as defined in Chapter 147, Subdivision and Land Development) shall be granted by the Board of Supervisors (regardless of whether such approval would be conditional) until the Zoning Hearing Board (for special exception uses) or Board of Supervisors (for conditional uses) has granted the requisite approval of the special exception or conditional use application.
Within the A/RR and VR Zones, accessory apartments
are permitted by special exception, subject to the following criteria:
A.
Only one accessory apartment shall be permitted and
then only as an accessory use to a principal owner-occupied single-family
detached dwelling;
B.
An accessory apartment shall be contained within the
principal building;
[Amended 6-14-2011 by Ord. No. 2011-1]
C.
Regardless of the location of the accessory apartment,
no accessory apartment shall comprise more than 40% of the habitable
floor space contained within the principal building;
D.
The applicant shall demonstrate that an approved means
of sewage disposal and reliable water supply shall be used;
E.
All units contained on floors above or below grade
shall have a direct means of escape to ground level;
F.
Any modifications to the external appearance of the
building (except fire escapes) shall complement its residential character;
and
G.
One off-street parking space shall be provided in
addition to those required by other uses on the property.
Within the I Zone, adult-related facilities
may be permitted by special exception, subject to the following criteria:
A.
An adult-related facility shall not be permitted to
be located within 1,000 feet of any other adult-related facility;
B.
No adult-related facility shall be located within
600 feet of any residentially zoned land;
C.
No adult-related facility shall be located within
600 feet of any parcel of land which contains any one or more of the
following specified land uses:
D.
The distance between any two adult-related facilities
shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior parcel line of
each establishment. The distance between any adult-related facility
and any land use specified above shall be measured in a straight line
without regard to intervening structures, from the closest point on
the exterior property line of the adult-related facility to the closest
point on the property line of said land use;
E.
No materials, merchandise, or film offered for sale,
rent, lease, loan, or for view upon the premises shall be exhibited
or displayed outside of a building or structure;
F.
Any building or structure used and occupied as an
adult-related facility shall be windowless, or have an opaque covering
over all windows and doors of any area in which materials, merchandise,
or film is exhibited or displayed, and no sale materials, merchandise,
or film shall be visible from outside of the building or structure;
G.
No sign shall be erected upon the premises pictorially
depicting or giving the visual representation of the type of materials,
merchandise, or film offered therein;
H.
Each entrance to the premises shall be posted with
a notice specifying that persons of the age of 17 years or younger
are not permitted to enter therein and warning all other persons that
they may be offended upon entry;
I.
No adult-related facility may change to another adult-related
facility, except upon approval of an additional conditional use;
J.
The use shall not create an enticement for minors
because of its proximity to nearby uses where minors may congregate;
K.
No unlawful sexual activity or conduct shall be permitted;
and
L.
No more than one adult-related facility may be located
within any one building or shopping center.
Within the A/RR Zone, airports/heliports may
be permitted by conditional use, subject to the following criteria:
A.
Minimum lot area: 30 acres for airports and 10 acres
for heliports;
B.
All facilities shall be designed and operated in strict
compliance with all applicable commonwealth and federal laws and regulations;
C.
The applicant shall furnish evidence of having obtained
a license from the Commonwealth of Pennsylvania Department of Transportation,
Bureau of Aviation, prior to the approval of the conditional use application;
and
D.
No part of the takeoff/landing strip and/or pad shall
be located nearer than 500 feet to any property line.
Within the RC and GC Zones, amusement arcades
may be permitted by special exception, subject to the following criteria:
A.
All activities shall take place within a completely
enclosed building;
B.
The applicant shall furnish evidence as to how the
use will be controlled so as not to constitute a nuisance due to noise
or loitering outside the building;
C.
A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, each accessory use (e.g., snack bar) shall also require parking to be provided in addition to that cited in the previous sentence and in accordance with the requirements of § 180-37 of this chapter; and
D.
A working plan for the cleanup of litter shall be
furnished to the Board of Supervisors and implemented by the applicant.
Within the NC and GC Zones, automobile filling
stations (including minor incidental repair) may be permitted by special
exception, subject to the following criteria:
A.
The subject property shall have a minimum width of
140 feet;
B.
The subject property shall front on a public road
with a classification higher than but not including local;
C.
The subject property shall be set back at least 300
feet from any lot containing a school, day-care facility, park, playground,
library, hospital, or nursing, rest, retirement or personal care facility;
D.
The outdoor storage of motor vehicles (whether capable
of movement or not) for more than one month is prohibited;
E.
All structures (including air compressors, kiosks,
and gasoline pump islands, but not permitted signs) shall be set back
at least 30 feet from each street right-of-way line;
F.
No outdoor storage of auto parts shall be permitted;
G.
Access driveways shall be a minimum of 28 feet and
a maximum of 35 feet wide and shall be separated from one another
by at least 75 feet, if located along the same frontage, as measured
from near edge to near edge;
H.
All ventilation equipment associated with fuel storage
tanks shall be set back 100 feet and oriented away from any adjoining
residentially zoned properties; and
I.
The applicant shall furnish evidence that the storage
and disposal of materials will be accomplished in a manner that complies
with state and federal regulations.
Within the NC Zone, automobile sales are permitted
as a special exception use, subject to the following criteria:
Within the I Zone, automobile/salvage facilities
may be permitted by special exception, subject to the following criteria:
A.
Minimum lot area: 10 acres;
B.
The outdoor area devoted to the storage of junk shall
be completely enclosed by an eight-foot-high, sight-tight fence which
shall be set back at least 50 feet from all property lines and 100
feet from residentially zoned properties and from all properties on
which a residence exists;
C.
The setback area between the fence and the lot lines
shall be kept free of weeds and all scrub growth;
D.
All buildings used to store junk shall be set back
at least 50 feet from all property lines;
E.
No material may be stored or stacked so that it is
visible from adjoining properties or roads;
F.
All federal and commonwealth laws and ordinances shall
be complied with;
G.
All junk shall be stored or arranged so as to permit
access by fire-fighting equipment and to prevent the accumulation
of water, and with no junk piled to a height greater than eight feet;
H.
No material shall be burned at any time;
I.
Any automobile/salvage facility shall be maintained
in such a manner as to cause no public or private nuisance, nor to
cause any offensive or noxious sounds or odors, nor to encourage the
breeding or harboring of rats, flies, or other vectors; and
J.
No automobile/salvage facility shall be located on
land with a slope in excess of 5%.
[Amended 5-11-2021 by Ord. No. 2021-2]
A.
Application requirements. Bed-and-breakfast license applications
shall contain all of the following information:
(1)
The name, address, telephone number and email address of the owner.
If the owner does not have a managing agency, agent or local contact
person, then the owner shall provide a twenty-four-hour telephone
number.
(2)
The name, address, and twenty-four-hour telephone number of the managing
agency, agent or local contact person.
(3)
Floor plans for the bed-and-breakfast, including habitable floor
space and total number of bedrooms.
(4)
If the building is a multiunit structure, the number of dwelling
units and the number of dwelling units being used as a bed-and-breakfast.
(5)
A site plan showing the location and number of on-site parking spaces
shall be provided.
(6)
If not on a central sewer system, the location, approximate age and
capacity of the sewage disposal system.
(7)
Copies of a current Northampton County Hotel Room Exercise Certificate
and current Pennsylvania Sales Tax License.
(8)
Signatures of both the owner and the local managing agent or local
contact person.
(9)
A copy of the current recorded deed for the property establishing
ownership.
B.
Licenses.
(1)
A bed-and-breakfast rental license shall be issued only to the owner
of the bed-and-breakfast.
(2)
A separate bed-and-breakfast rental license is required for each
single-family detached dwelling.
(3)
The owner, by making application for a bed-and-breakfast rental license and/or accepting issuance of a bed-and-breakfast rental license, grants permission for any and all inspections authorized by § 180-96.1N of this chapter.
(4)
The Township will prescribe forms and procedures for the processing
of license applications under this chapter.
C.
Fees, term, inspections, renewal of license and revocation.
(1)
Bed-and-breakfast rental license fees, payable to the Township upon
the filing of a bed-and-breakfast rental license application, shall
be in such amount as may be established by resolution duly adopted
by the Board of Supervisors.
(2)
Any bed-and-breakfast rental license is good for a period not to
exceed one year from the date of issuance and must be renewed annually,
and also when any conditions of the bed-and-breakfast which are governed
by this chapter are changed. Bed-and-breakfast license renewal fees,
payable to the Township upon the filing of a bed-and-breakfast license
renewal application, shall be in such amount as may be established
by resolution duly adopted by the Board of Supervisors.
(4)
Bed-and-breakfast license renewal applications shall contain information
regarding any changes from the immediately preceding application with
respect to matters governed by this chapter.
(5)
Inspections required.
(a)
All bed-and-breakfast rentals shall be subject to inspection
by the Zoning Officer and the Building Code Officer to verify application
information, license, license renewal and/or operating requirements.
(b)
If there is reason to believe that any provision of this chapter
is being violated, the Zoning Officer, upon 1/2 hour prior notice
to the owner, may enter onto the premises for the purpose of inspection
of any and all premises, properties, buildings and/or structures located
at the premises in order to ascertain the existence of a violation(s).
Said notice may be given by telephone call, voice message or email
to the owner.
(c)
In the event that a bed-and-breakfast owner receives two violation
notices (relating to the specific criteria or regulations of this
chapter), the Zoning Officer may terminate and revoke an existing
license or deny a new license in accordance with the terms of this
chapter (unless the owner appeals the violation and is found not guilty).
D.
Bed-and-breakfast standards.
(1)
Bed-and-breakfasts shall only be permitted within single-family detached
dwellings that existed in the RC or NC Zoning Districts on the effective
date of this chapter.
(2)
Any modifications to the external appearance of the building (except
fire escapes) shall complement its residential character;
(3)
All floors above grade or below grade shall have a permanently affixed
direct means of escape to ground level;
(4)
A bed-and-breakfast may erect one sign no larger than 12 square feet
in size, which must be set back 10 feet from all lot lines;
(5)
Breakfast shall be offered only to registered overnight guests;
(6)
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used; and
(7)
The applicant shall provide screening in accordance with applicable
zoning criteria.
(8)
Overnight occupancy of a bed-and-breakfast shall be limited to no
more than two persons per bedroom plus two additional persons per
dwelling unit up to a maximum of 10 total persons. The owner of the
premises shall reside within the dwelling at all times.
(9)
The maximum number of day guests allowed at any one time, in addition
to the overnight occupants, shall be 75% of the maximum overnight
occupancy of the bed-and-breakfast.
(10)
The maximum number of rental bedrooms permitted for a bed-and-breakfast
is five.
(11)
Outdoor parking for overnight and day guests shall be limited
to available parking areas on the bed-and-breakfast property. In no
event shall parking for bed-and-breakfast rental guests include spaces
in any private, community or public street right-of-way.
(12)
All parking areas shall be set back a minimum of 25 feet from
all property lines and shall be screened from adjoining lots and streets.
(13)
Parking spaces shall be a minimum of nine feet in width by 18
feet in length with adequate aisle space to facilitate access and
use.
(14)
Any expansion of parking areas for a bed-and-breakfast requires
prior Township approval. Parking areas shall be maintained in a mud-free
condition with paving, stone or similar material and shall count as
part of the maximum lot coverage limits as set forth in the Lehigh
Township Code of Ordinances. Any new parking area should provide plant
screening from residential neighbors and should not be in the front
yard if an alternative parking location is available.
(15)
A bed-and-breakfast shall provide two parking spaces for the
dwelling and one parking space per rentable bedroom.
(16)
The owner shall use best efforts to assure that the occupants
or guests of the bed-and-breakfast do not create unreasonable noise
or disturbances, engage in disorderly conduct, or otherwise violate
provisions of the Lehigh Township Code of Ordinances or any state
law pertaining to noise or disorderly conduct, including, but not
limited to, notifying the occupants of the rules regarding bed-and-breakfast
rentals and responding when notified that occupants are violating
laws, ordinances or regulations regarding their occupancy. Upon notification
that a violation has occurred, the owner shall promptly use best efforts
to prevent a recurrence of such conduct by those occupants or guests.
(17)
Overnight occupancy of recreational vehicles, camper trailers
and tents at the property where the bed-and-breakfast rental is located
is prohibited. Outdoor overnight sleeping of occupants or guests of
the bed-and-breakfast rental is prohibited.
(18)
All bed-and-breakfast rentals shall have a clearly visible and
legible notice posted within the dwelling unit or adjacent to the
front door containing the following information:
(a)
The name of the owner of the unit and a telephone number at
which the owner can be reached on a twenty-four-hour basis.
(b)
The 911 address of the property.
(c)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(d)
The maximum number of all vehicles allowed to be parked on the
property and the requirement that all guest parking must be on the
property and not in or along any private, community or public street
right-of-way.
(e)
All setbacks shall comply with the setback requirements for
the applicable zoning district.
(f)
Notification that an occupant or guest may be cited and fined
for creating a disturbance or for violating other provisions of the
Lehigh Township Code of Ordinances, including parking and occupancy
limits.
(g)
Notification that bed-and-breakfast rental occupants and guests
are required to make the dwelling unit available for inspection by
the Zoning Officer upon request.
(19)
All bed-and-breakfast rentals shall be equipped with the following:
(a)
Smoke detectors in each bedroom;
(b)
Smoke detectors outside each bedroom in common hallways;
(c)
Smoke detectors on each floor;
(d)
All smoke detectors must be hard wired;
(e)
GFI outlets for outlets located within six feet of a water source;
(f)
Aluminum or metal exhaust from dryer;
(g)
Carbon monoxide detector, if open flame (oil or gas), furnace,
gas or wood fireplace, or wood-burning stove;
(h)
Carbon monoxide detector if garage is attached;
(i)
Fire extinguisher in kitchen and one fire extinguisher on each
floor and one in each bedroom;
(j)
Stairs (indoor and outdoor) in good condition;
(k)
Covers on all outlets;
(l)
All bedrooms shall have a direct means of ingress and egress;
and
(m)
Any occupancy requirements which may be added by ordinance.
(20)
If the dwelling is not connected to public sewage, all bed-and-breakfast
rentals shall have a fully functional septic system which shall be
pumped out once per year. Written verification is to be provided each
year to the Zoning Officer.
(21)
There shall be no visible signage in any public or private right-of-way.
Within the I Zone, billboards may be permitted
by special exception, subject to the following criteria:
A.
No billboard shall be located within 1,000 feet of
another billboard;
B.
All billboards shall be a minimum of 50 feet from
all property lines;
C.
All billboards shall be set back at least 100 feet
from all land within a residential zone and all land upon which a
residence exists;
D.
No billboard shall obstruct the view of motorists
on adjoining roads or the view of adjoining commercial or industrial
uses which depend upon visibility for identification;
E.
No billboard shall exceed an overall size of 300 square
feet or exceed 25 feet in height; and
F.
All properties upon which a billboard is erected shall
be regularly maintained so as not to create a nuisance by means of
weeds, litter, or vector habitation.
Within the VR Zone, boardinghouses are permitted
by special exception as an accessory use to a single-family detached
dwelling which serves as the residence of the proprietor of the boardinghouse,
subject to the following criteria:
A.
Minimum lot area: as specified for a single-family
detached dwelling within the zone in which the boardinghouse use is
proposed, plus 500 square feet per boarder;
B.
The applicant shall furnish evidence that approved
systems for sewage disposal and water supply shall be used;
C.
No modifications to the external appearance of the
building (except fire escapes) which would alter its residential character
shall be permitted;
D.
All floors above and/or below grade shall have a permanently
affixed direct means of escape to ground level;
E.
One off-street parking space shall be provided for
visitors and one off-street parking space shall be provided for each
room available for rent and each employee, in addition to the off-street
parking spaces required for the dwelling unit;
F.
One sign, not to exceed 12 square feet per face, shall
be permitted; and
G.
The applicant shall obtain land development approvals
and approval from the Commonwealth of Pennsylvania Department of Labor
and Industry.
Within the A/RR Zone, campgrounds are permitted
by special exception, subject to the following criteria:
A.
Minimum lot area: 10 acres;
B.
Setbacks. All campsites shall be located at least
100 feet from all public street lines and at least 50 feet from all
other property lines;
C.
Each campsite shall be at least 3,000 square feet
in size, and either parking space for two automobiles shall be provided
which will not interfere with the convenient and safe movement of
traffic or equivalent parking shall be provided in a common parking
area. A combination of parking in campsites and common parking areas
shall be permitted; however, each campsite shall contain a parking
space for at least one automobile;
D.
An internal road system shall be provided. The design and construction standards for this road system shall comply with the requirements of Chapter 147, Subdivision and Land Development, for local streets, except that curbing and sidewalk shall not be required;
E.
All outdoor play areas shall be set back at least
100 feet from all property lines and shall be screened from adjoining
properties. Such outdoor play areas shall be used exclusively by registered
guests and their visitors;
F.
All campgrounds shall furnish centralized sanitary
and garbage collection facilities that shall be set back a minimum
of 100 feet from all property lines. Such facilities shall be screened
from adjoining properties;
G.
Any accessory commercial, retail or service uses shall
be set back a minimum of 100 feet from all property lines. Such uses
shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Parking spaces provided for
these uses shall only have vehicular access from the campground's
internal road system. Vehicular access from parking spaces to any
public road is strictly prohibited. All accessory commercial, retail,
or service uses and related parking shall be screened from adjoining
properties;
H.
All campgrounds containing more than 100 campsites
shall have vehicular access only to an arterial or collector street;
I.
A campground may construct one freestanding or attached
sign containing no more than 32 square feet of area per face. Any
reference to accessory commercial or recreational facilities shall
remain secondary in size to the reference of the principal campground
use. Such sign shall be set back at least 10 feet from any public
street right-of-way line and at least 100 feet from any adjoining
lot line;
J.
A minimum of 20% of the gross area of the campground
shall be devoted to active and passive recreational facilities. These
facilities shall not be located within 100 feet of any property line.
Responsibility for maintenance of the recreation area shall be with
the landowner;
K.
Every campground shall have an office for the person
responsible for the campground operation. This office shall be open
and staffed during all hours of campground operation;
L.
All water facilities, sewage disposal systems, rest
rooms, solid waste disposal and vector control shall be approved and
maintained in accordance with the requirements of the Commonwealth
of Pennsylvania Department of Environmental Protection; and
M.
All lighting shall be arranged and shielded so that
no glare or direct illumination shall be cast upon adjacent properties
or public streets.
Within the NC Zone, car washes are permitted
by special exception, subject to the following criteria:
A.
Traffic flow and ingress/egress shall not cause traffic
hazards on adjacent streets;
B.
Access points shall be limited to a maximum of two
on each street abutting the lot;
C.
On-lot traffic circulation channels and parking areas
shall be clearly marked;
D.
Signs and outdoor lighting shall be in accordance
with this chapter;
E.
Adequate provisions shall be made for the proper and
convenient disposal of refuse;
F.
Public sewer and public water facilities shall be
utilized;
G.
Water used in the operation shall be collected and
recycled and shall not flow into any storm sewers;
H.
Water from the car wash operation shall not flow onto
sidewalks or streets, to prevent hazards from ice;
I.
Any car wash that is located within 200 feet of an
existing residence shall not operate between the hours of 10:00 p.m.
and 7:00 a.m., prevailing time; and
J.
Any chemicals that may be hazardous to aquatic life
shall be stored within an area that will completely contain any leaks
or spills.
Within the A/RR and VR Zones, churches and related
uses are permitted by special exception, subject to the following
criteria:
A.
House of worship.
(1)
Minimum lot area: two acres;
(2)
Minimum lot width: 200 feet;
(3)
All houses of worship shall have vehicular access
to a public street. This access should be to an arterial or collector
street, where feasible;
(4)
Side yard setback: 50 feet on each side; and
(5)
All off-street parking areas shall be set back at
least 25 feet from street right-of-way lines.
B.
Church-related residences (e.g., rectories, convents,
etc.).
(1)
All residential uses shall be accessory to, and located
on the same lot or a contiguous lot to, the lot containing the house
of worship; and
(2)
All residential uses shall be governed by the location,
height, and bulk standards imposed upon other residences within the
site's zone, except that any number of persons of a convent, rectory,
and/or seminary may share group quarters.
C.
Church-related educational or day-care facilities.
(1)
All educational or day-care uses shall be accessory
to, and located upon the same lot as, the house of worship;
(2)
If education or day care is offered below the college
level, an outdoor play area shall be provided, at the rate of 65 square
feet per individual enrolled. Off-street parking lots shall not be
used as outdoor play areas. Outdoor play areas shall not be located
within the front yard and must be set back a minimum of 25 feet from
all property lines. Outdoor play areas shall be completely enclosed
by a minimum four-foot-high fence and screened from adjacent properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (e.g., poisonous, thorny, allergenic, etc.).
All outdoor play areas must provide a means of shade, such as shade
trees or pavilions;
(3)
Enrollment shall be defined as the largest number
of students and/or children under day-care supervision at any one
time during a seven-day period;
(4)
Passenger drop-off areas shall be provided and arranged
so that passengers do not have to cross traffic lanes on or adjacent
to the site;
(5)
All educational or day-care uses shall be governed
by the location, height, and bulk standards imposed upon the principal
uses within the underlying zone; and
(6)
Unless the applicant can demonstrate that the off-street
parking associated with the house of worship is sufficient for the
proposed use, one off-street parking space shall be provided for each
six students enrolled below grade 10, and one off-street parking space
shall be provided for each three students grade 10 and above. In calculating
the number of spaces required, any remainder shall be rounded to the
next highest number of required spaces, regardless of the magnitude
of the remainder.
D.
Cemeteries.
(1)
All burial plots or structures shall be located at
least 20 feet from all property and street lines;
(2)
Assurances must be provided that the water supplies
of surrounding properties will not be contaminated by burial activity
within the proposed cemetery; and
(3)
No burial plots or facilities are permitted in floodplains
or flood-fringe areas.
[Added 2-28-2006 by Ord. No. 2006-2]
A.
Purpose. The purpose of cluster development provisions
in the Lehigh Township Zoning Chapter is to encourage the preservation
of usable open space and natural features, encourage the development
of active and passive recreational areas within new housing developments,
encourage continuation of agricultural uses and preservation of the
rural character of the Township while allowing property owners to
develop their land currently zoned for residential use.
B.
Cluster development may be permitted as a conditional
use in the Agricultural/Rural Residential Zones subject to recommendation
by the Planning Commission and approval by the Board of Supervisors.
C.
Specific design criteria:
(1)
Minimum development area. In the A/RR Zone the
minimum area must be 30 contiguous acres.
(2)
Maximum density. To determine the base number
for density calculation purposes, you must determine the total tract
area, multiplied by the standard dwelling density in the A/RR Zone.
Only single-family detached and semidetached homes may be permitted
in the cluster development. Under no circumstances shall the maximum
density exceed the following:
(3)
Minimum open space must be 50% or more of the
net land area being developed. "Net tract area" is defined as the
gross tract area minus existing road rights-of-way, utility easements,
wetlands, quarries, ponds. streambeds and steep slope areas in excess
of 33%. The open space may be a combination of terrain possibly suitable
for recreational fields, trails, open meadows, farming or similar
uses. Preserved open space shall be offered for dedication to the
Township. With Board of Supervisors' approval the land may be dedicated
to another public entity such as a conservancy, school district or
operated and maintained by a homeowners' association. Any and all
lands will be automatically deeded to the Township in the event a
homeowners' association or other entity becomes insolvent. Escrow
accounts must be established by the HOA for the maintenance of the
open space. Permanent easements and deed restrictions must be established
during the planning process regulating the type and scope of activity
that may take place on open space lands. The Township reserves the
right to reject any dedication of land it feels is not in the best
interest of the Township. At the discretion of the Planning Commission
and the Board of Supervisors, proposed open space areas shall be planned
and coordinated with the possibility of future development on adjacent
tracts to provide for large unbroken tracts of land.
(4)
Municipal public water and sewer or any alternative
nonmunicipal central water and sewer system proposed by a developer
shall serve all lots and structures in the cluster development. Any
alternative system must be fully approved by the Department of Environmental
Protection. Township SEO and be granted approval by the Lehigh Township
Board of Supervisors.
(6)
(7)
Special exception uses normally permitted in
the A/RR District shall now be subject to conditional use approval
by the Board of Supervisors. In addition, these uses should be defined
and subject to developer-imposed deed restrictions.
(8)
Design criteria for tract development. Planting berms shall be placed around perimeter areas of all building lots in the cluster development to minimize views of homes from existing roadways. Minimum berm size shall be four feet high and four feet wide at the top of the berm with a maximum three-to-one side slope. Plantings on top of the berm shall follow requirements of § 180-33 of the Zoning Chapter. Existing features, such as natural hilly or wooded areas, may be substituted for man-made berms, provided they create the desired effect. Street tree plantings shall be 1.5 times the number normally required in a residential subdivision. Due to the increased density of homes, individual lot grading plans shall be submitted for Township review prior to issuance of building permits.
(9)
Sketch plans submissions for cluster developments
shall be presented to the Board of Supervisors, Planning Commission,
Municipal Authority, Recreation Board and Township Emergency Services
for their comments. No waiver will be granted from the sketch plan
stage.
(10)
Traffic impact studies shall be completed and
presented as part of the design process.
(11)
No on-street parking shall be permitted without
special permission from the homeowners' association.
(12)
Any historic feature, trail, railroad bed, stream,
canal bed, etc., shall be preserved as part of any cluster development.
Historic structures, such as barns, springhouses, silos, family homesteads,
etc., shall be inspected and evaluated by the Lehigh Township Historical
Society. Recommendations will be made to the Board of Supervisors
on the historical significance and feasibility of preserving said
structures and incorporating them into the design scheme of the development.
(13)
In keeping with the intent to preserve the rural
character of Lehigh Township, efforts should be made by the builders
to incorporate stone, brick, and other natural materials and colors
into the facade design of the proposed dwellings.
(14)
All stormwater systems outside the road rights-of-way
must be maintained and operated by individual lot owners or a homeowners'
association.
(15)
All public utilities shall be installed and
maintained underground within the boundaries of the cluster development.
Mail delivery should be located in central service areas.
(16)
Street layout and design should allow for proper
maintenance in the areas of snow removal, street sweeping and emergency
access even though the development may be owned and maintained by
a homeowners' association.
Within the I Zone, commercial day-care facilities
may be permitted by special exception, subject to the following criteria:
A.
An outdoor play area shall be provided, at the rate
of 65 square feet per individual enrolled. Off-street parking lots
shall not be used as outdoor play areas. Outdoor play areas shall
not be located within the front yard. Additionally, outdoor play areas
shall be located and designed so as not to disrupt normal activities
of adjoining uses permitted within the zone and/or neighborhood. Outdoor
play areas shall be completely enclosed by a minimum four-foot-high
fence and screened from adjoining residentially zoned properties and
properties on which a residence exists. Any vegetative materials located
within the outdoor play areas shall be of a nonharmful type (e.g.,
poisonous, thorny, allergenic, etc.). All outdoor play areas must
provide a means of shade such as a shade tree(s) or pavilion(s);
B.
Enrollment shall be defined as the largest number
of persons and/or children under day-care supervision at any one time
during a seven-day period;
C.
Passenger drop-off and pickup areas shall be provided
on site and arranged so that the passengers do not have to cross traffic
lanes on or adjacent to the site;
D.
One off-street parking space shall be provided for
each six persons enrolled;
E.
All commercial day-care facilities shall obtain and
maintain proper licensure from the Commonwealth of Pennsylvania; and
F.
The applicant shall demonstrate that adequate safeguards
are provided to protect individuals enrolled from nearby industrial
activities and uses.
Within the GC Zone, commercial recreation facilities
may be permitted by conditional use, and within the RC Zone commercial
recreation facilities may be permitted by special exception, subject
to the following criteria:
A.
If the subject property contains more than two acres,
it shall front on an arterial or collector road;
B.
Those uses involving extensive outdoor activities
shall provide sufficient screening and/or landscaping measures to
mitigate any visual and/or audible impacts on adjoining properties;
C.
Any structures exceeding the maximum permitted height
may be permitted so long as they are set back from all property lines
at least the horizontal distance equal to their height, plus an additional
50 feet. Furthermore, such structures shall not be used for occupancy;
D.
The applicant shall furnish expert evidence that the
proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, noise, light, litter, dust, and/or pollution;
E.
Required parking will be determined based upon a combination of the types of activities proposed and the schedule contained in § 180-37 of this chapter. In addition, an unimproved grass overflow parking area to be provided for peak use periods may be required. Such overflow parking shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;
F.
Any booths or other structures used for the collection
of admission and/or parking fees shall be set back a sufficient distance
and be arranged to prevent vehicle backups on adjoining roads during
peak arrival periods. Any other collection of fees (e.g., roaming
parking lot attendants) shall be conducted in a manner to prevent
vehicle backups on adjoining roads. If at any time after the opening
of the commercial recreation facility the Township determines that
traffic backups are occurring on adjoining property, the Township
can require the applicant to revise the means of access to relieve
the undue congestion; and
G.
Any outside pedestrian waiting lines shall be provided
with a means of shade.
[Amended 4-27-2010 by Ord. No. 2010-4]
Within the I Zone, commercial stockyards, feedlots and concentrated
animal feeding operations (CAFOs) may be permitted by special exception,
subject to the following:
A.
For commercial stockyards or feedlots, minimum lot area: 10 acres. Section 180-70A shall not apply to CAFOs;
B.
For commercial stockyards or feedlots, all areas for the storage, feeding, or keeping of animals shall be completely enclosed by a fence of sufficient strength and size to prevent the escape of animals. Furthermore, all such areas shall be set back at least 200 feet from adjoining property, except that such areas shall be set back at least 500 feet from any land within a residential zone or on which a residence exists. Section 180-70B shall not apply to CAFOs;
C.
All uses shall have sufficient off-street loading
(or stacking) space so as to prevent the backup of vehicles onto adjoining
roads;
D.
Access. Vehicular access shall be so arranged as to
minimize danger and congestion along adjoining roads and to avoid
the creation of nuisances to nearby properties. Access drives used
by trucks shall only intersect with collector or arterial roads;
(1)
All access drives shall be designed and located so
as to permit the following minimum sight distances measured from a
point at least 10 feet behind the curbline or edge of shoulder of
an intersecting public street. No sight obstructions shall be permitted
which are greater than two feet or less than 10 feet above the street
surface;
|
Speed Limitation on Public Street
(miles per hour)
|
Required Sight Distance
(feet)
| |
|---|---|---|
|
25
|
240
| |
|
30
|
275
| |
|
35
|
315
| |
|
40
|
350
| |
|
45
|
425
| |
|
50
|
475
| |
|
55
|
550
|
(2)
All access drives serving the site shall have a paved
minimum cartway 35 feet wide for a distance of at least 200 feet from
the intersecting street right-of-way line. In addition, a fifty-foot-long
gravel section of access drive shall be placed contiguous with and
beyond the preceding two-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's tires;
(3)
In general, access drives shall intersect public streets
at ninety-degree angles as site conditions permit. However, in no
case shall access drives intersect public streets at less than 70º.
Said angle shall be measured from the center line of the street to
the center line of the access drive;
E.
Traffic impact. The applicant shall furnish a traffic
study prepared by a professional engineer who has specific training
in traffic engineering. This study shall demonstrate the acceptability
of the proposed method of handling traffic anticipated to be generated
by the facility;
F.
Any exterior public address system shall be designed
and arranged so that the audible levels of any messages conveyed over
the system will not exceed the ambient levels of the use. Such measurements
shall be conducted at the property lines; and
G.
All animal wastes and/or deceased animals shall be properly stored and disposed of so as not to be objectionable at the site's property line so as not to become a nuisance to adjoining properties. All CAFOs shall follow the procedure set forth in § 180-70H below.
H.
In addition to the above criteria set forth in § 180-70A through G, a concentrated animal feeding operation (CAFO) shall also be subject to the following criteria set forth in the Pennsylvania Code:
(1)
Apply for an NPDES permit at least 180 days before the operation
commences or changes.
(2)
Obtain an NPDES permit prior to commencing operations or making changes,
as applicable.
(a)
The NPDES permit application requirements shall include, but
not be limited to, the following:
[1]
A nutrient management plan meeting the requirements of Pennsylvania Code Chapter 83, Subchapter D (relating to nutrient management) and approved by the County Conservation District or the State Conservation Commission. The plan must include:
[a]
Manure application setbacks for the CAFO of at
least 100 feet, or vegetated buffers at least 35 feet in width.
[b]
A statement that manure that is stockpiled for
15 consecutive days or longer shall be under cover or otherwise stored
to prevent discharge to surface water during a storm event up to and
including the appropriate design storm for that type of operation
under Pennsylvania Code § 91.36(a)(1) and (5) (relating
to pollution control and prevention at agricultural operations).
[2]
An erosion and sediment control plan for plowing and tilling
operations meeting the requirements of Chapter 102 (relating to erosion
and sediment control) of the Pennsylvania Code.
[3]
When required under Pennsylvania Code § 91.36(a),
a water quality management permit, permit application, approval or
engineer's certification, as required.
[4]
A preparedness, prevention and contingency plan for pollutants
related to the CAFO operation.
[5]
A water quality management permit application as required by
this chapter and Chapter 91 of the Pennsylvania Code (relating to
general provision), when treatment facilities that would include a
treated wastewater discharge are proposed.
[6]
Measures to be taken to prevent discharge to surface water storage
of raw materials such as feed and supplies. These measures may be
included in the nutrient management plan.
(b)
NPDES permits for each CAFO shall include, but not be limited
to, conditions requiring the following:
[1]
Compliance with the nutrient management plan, the preparedness,
prevention and contingency plan and the erosion and sediment control
plan for plowing and tilling operations.
[2]
A separate NPDES permit for stormwater discharge associated
with a construction activity meeting the requirements of the Pennsylvania
Code Chapter 102 (relating to erosion and sediment control) when applicable.
[3]
Compliance with 3 Pa.C.S.A. §§ 2301 through 2389
(relating to the Domestic Animal Law).
[4]
Compliance with the Pennsylvania Code § 91.36.
[5]
Recordkeeping and reporting requirements as described in the
permit.
[6]
When applicable, effluent limitations and other conditions as
required under the Pennsylvania Law § 92.2a (relating to
treatment requirements) to meet water quality standards, for treated
wastewater discharges.
[7]
Measures needed to be taken to prevent discharge to surface
water from storage of raw materials such as feed and supplies, which
are not otherwise included in the nutrient management plan.
I.
As a condition of special exception approval, the applicant shall
meet the conditions and requirements of the Lehigh Township Health
Safety and Welfare Ordinance No. 2010-4.
[Added 9-28-2010 by Ord. No. 2010-7]
[Amended 7-22-2008 by Ord. No. 2008-7; 6-13-2017 by Ord. No. 2017-2]
A.
Permitted and prohibited zoning districts for wireless communication
facilities (WCF).
|
Table A.1
| ||||||
|---|---|---|---|---|---|---|
|
Zoning District
|
Comm. Towers-Current Ordinance
|
Tower-Based WCF in ROW
|
Tower-Based WCF out of ROW/40' height or less
|
Tower-Based WCF/out of ROW/> 40'
|
WCF on Existing Structure
|
Eligible Facilities Request
|
|
A/RR
|
SE
|
C*
|
NP
|
C*
|
P
|
P
|
|
VR
|
NP
|
C*
|
NP
|
NP
|
P
|
P
|
|
GC
|
SE
|
C*
|
C*
|
C*
|
P
|
P
|
|
NC
|
SE
|
C*
|
C*
|
NP
|
P
|
P
|
|
RC
|
NP
|
C*
|
C*
|
NP
|
P
|
P
|
|
I
|
SE
|
C*
|
C*
|
C*
|
P
|
P
|
|
OB
|
NP
|
C*
|
C*
|
NP
|
P
|
P
|
|
BMC
|
C
|
C*
|
C*
|
C
|
P
|
P
|
|
PRRC
|
N/A
|
C*
|
NP
|
NP
|
NP**
|
NP**
|
|
NOTES:
| |
|
*
|
Subject to Table A.2.
|
|
**
|
Not Permitted in PRRC except as provided for here.
|
|
Table A.2
Prohibited Zoning
| ||
|---|---|---|
|
WCF Type
|
Prohibited Zoning Districts
| |
|
A
|
Tower-based WCF located out of the ROW
|
Residential lots or properties in residential zoning districts
|
|
B
|
Tower-based WCF located in the ROW
|
Residential zoning districts where all public service utilities
are primarily located underground within 100 feet of the proposed
tower or base station
|
B.
Bulk and area requirements.
|
Table B.1
Tower-Based WCFs
| |||
|---|---|---|---|
|
WCF out of ROW
|
WCF in ROW
| ||
|
Height
|
Tower-based WCFs shall be designed to minimum functional height.
Applicants must submit documentation justifying the total height,
not to exceed 120 feet.
|
Tower-based WCFs shall be designed to minimum functional height,
not to exceed 40 feet.
| |
|
The applicant shall furnish expert testimony regarding the construction
methods or other measures used to prevent:
|
The applicant shall furnish expert testimony regarding the construction
methods or other measures used to prevent:
| ||
|
(1) The toppling of any structure onto adjoining properties
and/or roads; and
|
(1) The toppling of any structure onto adjoining properties
and/or roads; and
| ||
|
(2) The windborne scattering of ice onto adjoining properties
and/or roads.
|
(2) The wind-borne scattering of ice onto adjoining properties
and/or roads.
| ||
|
Lot size
|
Only use on lot or property:
|
Subject to underlying zoning district.
| |
|
Combined with another use on lot or property in accordance with § 180-30:
|
Area needed to accommodate the WCF and guy wires, accessory
equipment, a security fence and landscaping and screening.
|
Not applicable
| |
|
Setback
|
Towers:
|
Each structure shall be set back from each property line a distance
not less than three times its height or that required by the underlying
district, whichever is greater.
|
Not applicable except as otherwise provided in the Zoning Ordinance.
|
|
Equipment buildings/cabinets:
|
Subject to applicable minimum accessory use or structure setback
in the underlying zoning district.
| ||
|
Width
|
Not applicable
|
Maximum 18 inches in diameter
| |
C.
Design, construction and operations.
(1)
All WCFs shall be sited, designed, constructed, operated, inspected,
maintained, repaired, modified, removed and replaced in strict compliance
with all current applicable federal and state technical and safety
codes.
(2)
Subdivision plan approval shall not be required when a WCF is located
on a leased parcel that is less than the entire lot or property. Land
development plan is required.
(3)
All WCFs shall be operated in accordance with all applicable FCC
rules regarding interference with public safety communications or
the reception of broadband, television, radio or other communications
services.
(4)
Collocation. All tower-based WCFs where the tower is more than 40
feet in height, located outside of the right-of-way, shall be designed
to accommodate both the applicant's antennas and comparable antennas
for future users. As a condition of approval for all tower-based WCFs
where the tower is more than 40 feet in height, the applicant shall
agree to allow other service providers to collocate antennas on the
tower where technically and economically feasible.
(5)
Signage. All WCFs shall include a posted sign at the location. Such
signage shall include the ownership, contact name and phone number
in the event of an emergency and Federal Communications Commission
(FCC) registration number (if applicable). Such signage shall not
include commercial advertising and is subject to approval by the municipality.
(6)
Lighting. Towers shall not be lighted, unless required by regulations
of the Federal Aviation Administration. Towers required to be lighted
by the Federal Aviation Administration shall be prohibited within
the A/RR Zone. Compound lighting shall be limited to a single residential-style
porch light, located on any necessary equipment shelter.
(7)
Noise. All WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards established by the municipality.
The use of a backup generator in emergency situations and periodic
maintenance and testing by the wireless communications provider's
technicians shall be permitted, where such noise standards may be
exceeded on a temporary basis.
(8)
Vehicular access.
(a)
An access driveway and one off-street parking space shall be
provided to ensure adequate emergency and service access to all tower-based
WCFs located outside of the right-of-way. Access to these facilities
shall be from a driveway leading to a public road, which driveway
shall not be less than 12 feet nor more than 20 feet in width. Paving
of this driveway with an asphaltic or portland concrete cement will
be required for the first 50 feet from the edge of the intersecting
pavement. Paving of the remaining access driveway may be required
as part of conditional use review.
(b)
Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(c)
Where possible, access driveway construction shall at all times
minimize ground disturbance and the cutting of vegetation.
(d)
Access driveway grades shall closely follow natural contours
to assure minimal visual disturbance and minimize soil erosion.
(e)
An applicant shall present documentation to the Township that
the property owner has granted an access easement for the proposed
WCF, if located on a lot or property.
(f)
Any required access easement shall be a minimum of 20 feet in
width or as required to accommodate the proposed driveway and drainage
facilities.
(g)
Vehicular access to all WCFs shall not interfere with the parking
or vehicular circulations for a principal use, if located on the lot
or property. However, where appropriate and available, existing parking
for the principal or other uses on the lot or property may be utilized.
(9)
Fencing. A security fence, which may include barbed wire, with a
minimum height of eight feet with a self-locking gate shall be required
to surround any tower-based WCF located outside the right-of-way,
where the tower is more than 40 feet in height, or less than or equal
to 40 feet in height when the WCF has ground-based equipment including
guy wires, associated equipment, and buildings.
(10)
Safety in rights-of-way.
(a)
Schedule of operations. The Township shall determine the time,
place and manner of siting, design, construction, maintenance, repair,
modification, removal and/or replacement of all WCFs located in the
right-of-way, based on public safety, traffic management, physical
burden on the right-of-way and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(b)
Alteration of a WCF. Within 60 days following written notice
from the Township, or such longer period as the municipality determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a WCF located in the right-of-way shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under any one of the following circumstances:
[1]
The construction, repair, maintenance or installation of any
municipal or other public improvement located in the right-of-way.
[2]
The operations of the Township or other governmental entity
in the right-of-way.
[3]
Vacation of a street or road or the release of a utility easement.
[4]
An emergency as determined by the Township.
[5]
No permit is required for such removal, relocation, change or
alteration ordered by the Township.
(c)
Visual obstruction. All WCFs and accessory equipment shall be
located so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, or to otherwise create safety hazards to pedestrians
and/or motorists or to otherwise inconvenience public use of the right-of-way
as determined by the Township. In no case shall ground-mounted equipment,
walls, screening or landscaping be located within 18 inches of the
face of the curb, or in an area in which there are no curbs, within
three feet of the edge of cartway.
(11)
Maintenance. An applicant for a WCF shall describe anticipated
maintenance needs, including frequency of service, personnel needs
and equipment needs, and the traffic, safety and noise impacts of
such maintenance.
(12)
Soil report. An applicant for a tower-based WCF where the new
tower is more than 40 feet in height shall submit a soil report complying
with the standards of geotechnical investigations, ANSI/EIA-222-G,
as amended, to the Township Engineer prior to construction to document
and verify the design specifications of the foundation for the wireless
support structure and anchors for the guy wires, if used.
(13)
Aviation safety. All WCFs shall comply with federal and state
laws and regulations concerning aviation safety.
(14)
Inspections for all WCFs where the new tower is more than 40
feet in height.
(a)
A copy of any required inspection report shall be provided to
the Township following the inspection. Any repairs advised by report
shall be completed by the WCF owner within 60 calendar days after
the report is filed with the Township.
(15)
Equipment storage. The storage of unused equipment or supplies
is prohibited on any WCF site.
D.
Aesthetics, landscaping, and screening.
(1)
Stealth technology. All WCFs shall employ the most current stealth
technology available, where appropriate, in an effort to appropriately
blend the proposed WCF into the surrounding environment and minimize
aesthetic impact. Equipment buildings and cabinets shall be designed
to blend into the environment in which they are situated, to the extent
practicable.
(2)
Landscaping and screening. An applicant for tower-based WCF where
the new tower is more than 40 feet in height, or less than or equal
to 40 feet in height with ground-based equipment located outside of
the right-of-way, shall submit a landscaping and screening design
including the following:
(a)
The applicant shall ensure that the existing vegetation, trees
and shrubs located within proximity to the WCF support structure shall
be preserved to the extent practicable.
(b)
Ground-mounted equipment may be screened from public view using
an evergreen screen, artificial screen, or fencing, as directed by
Lehigh Township.
(c)
All fences required by this section shall be landscaped with
an evergreen buffer. Trees within this buffer shall be spaced at intervals
not to exceed 20 feet, shall be not less than six feet in height when
planted, and shall reach a mature height of not less than 15 feet.
The buffer shall be designed so that the evergreen plantings, when
mature, shall fully block the view of the fence.
(3)
Any other buffer requirement set forth in the Zoning Ordinance shall
apply.
E.
Replacement, collocation, or modification.
(1)
Notwithstanding the requirements for all tower-based WCFs and WCFs
on existing structures, as set forth in this subsection, an application
for replacement, collocation or modification of a previously approved
wireless support structure or WCF shall be reviewed for conformance
with the Township building permit requirements, including requirements
applicable to the added structural loading of the proposed antennas
and accessory equipment. These previously approved facilities shall
not be subject to the issuance of new zoning or land use approvals,
provided that there is no substantial change.
(2)
Replacement of WCFs on existing wireless support structures or within
existing equipment compounds may be performed by the applicant without
obtaining building or zoning permits from the Township.
(3)
Any substantial change to an existing tower-based WCF shall require
approval of the Township in accordance with the terms of this section.
(4)
If collocation is to occur a sketch plan of the existing tower-based
WCF and WCFs with the proposed transmission equipment to be mounted
on an eligible support structure showing its location and size shall
be provided to the Lehigh Township Planning Commission. The applicant
who intends to mount the existing facility shall be required to submit
a written agreement with the owner of the existing structure allowing
a shared use.
F.
Permit requirements.
(1)
Collocation analysis. An application for a new tower-based WCF where
the new tower is more than 40 feet in height and located outside of
the right-of-way shall not be approved unless the applicant demonstrates
that the wireless communications equipment planned for the proposed
tower-based WCF cannot be collocated on an existing structure or building
within a [1/4 or 1/2] mile radius of the proposed tower-based WCF
location to achieve the coverage or capacity objectives of the applicant.
(2)
Gap in coverage or lack of adequate capacity. An applicant for a
tower-based WCF where the new tower that is more than 40 feet in height,
located outside of the right-of-way, must demonstrate that a significant
gap in wireless coverage exists or lack of adequate capacity is likely
to exist within one year of the filing of its application with respect
to the applicant in the area and that the proposal is the least intrusive
means to fill that gap.
(3)
Authorization. An applicant for a WCF shall submit a copy of the
lease or other form of written authorization with the property owner
confirming that the applicant has standing to file the application
and maintain the proposed WCF on the subject lot or property.
(4)
Licensing and applicable regulations. If the applicant is a commercial
wireless communications provider, it must demonstrate that it is licensed
by the Federal Communications Commission (FCC) and submit with its
application copies of all FCC permits and licenses.
(5)
Emissions. The applicant shall demonstrate that the proposed WCF
will comply with all applicable standards established by the Federal
Communications Commission governing human exposure to electromagnetic
emissions.
(6)
Insurance. The applicant shall provide a certificate of insurance
issued to the owner/operators of the WCF, evidencing that there is
or will be adequate current liability insurance in effect.
(7)
Review time frames.
|
Table C.1
WCF Review Time Frames
| |||
|---|---|---|---|
|
Municipality shall notify the applicant in writing of any information
that may be required to complete application
|
Municipality shall approve or deny the application unless a
shorter time period is applicable under the PA MPC
| ||
|
A
|
New tower-based WCFs
|
Within 30 calendar days of the date the application was filed
with the municipality
|
Within 150 days* of submission of a complete application for
a WCF
|
|
B
|
WCF on existing structures
|
Within 30 calendar days of the date the application was filed
with the municipality
|
Within 90 days* of submission of a complete application for
a WCF
|
|
C
|
Eligible facilities requests** (as defined)
|
Within 30 calendar days of the date the application was filed
with the municipality
|
Within 60 days* of submission of a complete application for
a WCF
|
|
*
|
The time period may be tolled by mutual agreement or in cases
where the municipality informs the applicant in a timely manner that
the application is incomplete. If an application is considered incomplete,
the time period begins running again as soon as the applicant makes
a supplemental submission, but may be tolled again if the municipality
provides written notice to the applicant within 10 days that the application
remains incomplete and specifically delineates which of the deficiencies
specified in the original notice of incompleteness have not been addressed.
|
|
**
|
The municipality shall only require the applicant to provide
documentation that is reasonably related to determining whether the
request is for an eligible facility.
|
(8)
Permit fees. The Township may assess appropriate and reasonable permit
fees directly related to the actual costs in reviewing and processing
the application for approval of a WCF. The amount of this fee may
not be in excess of the actual reasonable cost to review and process
the application.
G.
Discontinuance, abandonment and removal; posting of financial security.
(1)
Determination and posting of security.
(a)
At the time of application for a conditional use hearing, the
applicant shall provide a copy of a certified estimated cost for removal
of all tower(s), equipment shelter(s), fence(s) and any and all other
improvements and complete restoration of the site to its preconstruction
condition. During the consideration of the conditional use, the applicant
shall provide, from an expert in the area of construction costs, testimony
concerning the reasonableness and accuracy of the certified estimate.
(b)
Prior to the issuance of a building permit, the applicant shall
provide, in a form acceptable to the Township Solicitor, financial
security in an amount of 110% of the cost established during testimony,
inflated to the estimated cost in the final year of the initial term
of the proposed lease or license. The minimum term for such security
shall be 18 months longer than the term of the initial lease or license.
(c)
Not fewer than 90 days prior to the expiration of each term
of the proposed lease or license, the applicant shall submit an updated
certified estimate of the cost of removal as stated above. This estimate
shall be reviewed, and revised as necessary, by the Township. Not
fewer than 30 days prior to the expiration of the proposed lease or
license, the applicant shall provide, in a form acceptable to the
Township Solicitor, financial security in an amount of 110% of the
cost of such accepted estimate, inflated to the estimated cost in
the final year of the proposed new term of the lease term or license.
The minimum term for such security shall be 18 months longer than
the new term of the lease or license.
(d)
In those cases where there is fee ownership of the premises
by the owner of the proposed facility, security, estimated and secured
as indicated above, shall be provided to the Township prior to the
issuance of a building permit. The minimum term for such security
shall be 42 months. Costs shall be reestimated by the owner, reviewed
and approved by the Township, and security shall be posted biannually
beginning on the second anniversary of the establishment of the initial
instrument of financial security. The term of each subsequent instrument
of financial security shall be not fewer than 42 months. In each case,
the form of financial security shall be reviewed and approved by the
Township Solicitor.
(2)
Discontinuation. In the event that use of a tower-based WCF is planned
to be discontinued, the owner/operator shall provide written notice
to the Township of its intent to discontinue the use and the date
when the use shall be discontinued. Unused or abandoned WCFs or portions
of WCFs shall be removed as follows:
(a)
All unused or abandoned WCFs and accessory facilities shall
be removed within six to 12 months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six
to 12 months of the cessation of operations at a site, or within any
longer period approved by the municipality, the WCF and accessory
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
(c)
Any unused portions of WCFs, including antennas, shall be removed
within six to 12 months of the time of cessation of operations.
Within the A/RR Zone, community centers, as defined in § 180-15, are permitted by conditional use, subject to the following criteria:
A.
A community center will comply with all of the area
and bulk regulations for the A/RR Zone, except as follows:
(1)
Minimum lot area: two acres.
(2)
Any addition or improvements to an existing residential
structure or property for the purposes of a community center shall
preserve its residential character. The scale, bulk, height and roof
pitch of any addition and the building materials used shall be compatible
with the existing structure. Any improvements to the structure shall
be in compliance with all other applicable Township regulations relating
to building and/or zoning permits.
(3)
A community center may include an outdoor play area,
provided such areas are located in the yard areas, which provide adequate
separation, safety, and protection from adjoining properties and roadways.
The outdoor play area shall be located in the backyard or rear of
the proposed facility. Designated on-site outdoor play areas shall
be set back at least 10 feet from all property lines.
B.
In order to contain physically any activities in the
outdoor play area and to screen the use from adjoining residential
properties, a minimum four-foot-high fence shall be erected along
the perimeter of the outdoor play area. Fencing may be substituted
by natural barriers such as hedgerows, walls and dense vegetation,
if it can be demonstrated that such barriers can effectively contain
the activities of the proposed center and at the discretion of the
Township Supervisors.
C.
Hours of outside play shall be limited to the hours
between 8:00 a.m. and 7:00 p.m. or sunset, whichever comes first.
D.
Lighting, if provided, shall reflect away from all
adjoining residential uses and public streets.
E.
At least one parking space shall be provided for each
300 square feet of gross floor space.
F.
A community center may erect one sign no larger than
12 square feet per face which should be set back at least 10 feet
from all lot lines.
G.
For properties utilizing an on-lot sewage disposal
system, the applicant shall demonstrate that the system is properly
sized to accommodate sewage flows from the facility and the proposed
site can accommodate a replacement sewage disposal area.
H.
A community center shall provide adequate and accessible
trash disposal areas. Said disposal area shall be screened from public
view by a masonry enclosure or solid wood fence at least six feet
in height.
Within the RC and GC Zones, drive-through and/or
fast-food restaurants may be permitted by special exception, subject
to the following criteria:
A.
The subject property shall front on a public road
with a classification higher than but not including local;
B.
Exterior trash receptacles shall be provided and routinely
emptied so as to prevent the scattering of litter. All applications
shall include a description of a working plan for the cleanup of litter;
C.
All drive-through window lanes shall be separated
by curb from the parking lot's interior driveways;
D.
Any exterior speaker/microphone system shall be arranged
and/or screened to prevent objectionable noise impact on adjoining
properties;
E.
All exterior seating/play areas shall be completely
enclosed by a minimum three-foot-high fence;
F.
No part of the subject property shall be within 200
feet of any residentially zoned land; and
G.
Each drive-through lane shall have a minimum of 200
feet of on-site stacking prior to the order location.
Within the A/RR and VR Zones, family day-care
facilities are permitted by special exception, subject to the following
criteria:
A.
All family day-care facilities shall be conducted
within a single-family detached dwelling which shall be occupied as
a residence by the proprietor thereof;
B.
A family day-care facility shall offer care and supervision
of no more than four different persons during any calendar day;
C.
All family day-care facilities with enrollment of
more than three persons shall furnish a valid registration certificate
for the proposed use, issued by the Commonwealth of Pennsylvania,
Department of Public Welfare;
D.
An outdoor play area no less than 260 square feet
in area shall be provided. Such play area shall not be located within
the front yard or any vehicle parking lot. Outdoor play areas shall
be set back at least 25 feet from all property lines. A minimum four-foot-high
fence shall completely enclose the outdoor play area. Any vegetative
materials located within the enclosed play area shall be of a nonharmful
type (e.g., poisonous, thorny, allergenic, etc.). Each outdoor play
area shall include a means of shade, such as trees or pavilions; and
E.
Passenger drop-off and pickup areas shall be provided
on site and shall be arranged so that passengers do not have to cross
traffic lanes on or adjacent to the site.
Within the A/RR Zone, farm occupations may be
permitted by special exception if the proposed use is accessory to
the principal agricultural use of the property and subject to the
following standards:
A.
For the purpose of this section, farm occupations
may involve any one of a wide range of uses, so long as it remains
secondary to and compatible with the active farm use. Retail sales
shall only be permitted incidental to production of goods on the site;
B.
No more than the equivalent of two full-time nonresidents
of the farm shall be employed by the farm occupation, and at least
one owner/operator of the farm occupation must reside on the site;
C.
The use must be conducted within one completely enclosed
building. Where practicable, the farm occupation shall be conducted
within an existing farm building. However, any new building constructed
for use by the farm occupation shall be located behind the farm's
principal buildings or be no less than 100 feet from any adjoining
roads or properties, whichever is greater;
D.
Any new building constructed for use by the farm occupation
shall be of a design so that it can be readily converted to agricultural
use or removed, if the farm occupation is discontinued;
E.
No part of a farm occupation shall be located within
300 feet of any side or rear lot line;
F.
The farm occupation shall occupy no more than 4,000
square feet of gross floor area nor more than one acre of lot area.
However, any access drive serving the farm occupation and the farm
shall not be calculated as land serving the farm occupation;
G.
No more than 50% of the land devoted to a farm occupation
shall be covered by buildings, structures, parking or loading areas,
or any other impervious surfaces;
H.
Any sign used for a farm occupation shall not exceed
10 square feet per face; and
I.
For farm parcels of 50 acres or less in size, while
the farm occupation is in operation, no nonfarm subdivision of the
site shall be permitted.
Within the A/RR Zone, golf courses may be permitted
by conditional use, subject to the following criteria:
A.
In no case shall the golf course design permit or
encourage a golf ball to be driven across or onto any building, building
lot, parking lot, access drive, driveway, or public or private street.
B.
Golf paths. Golf paths shall be graded so as to discharge
stormwater runoff. Paths shall be provided with a dust-free surface.
The golf course design shall minimize golf path crossing of private
streets, access drives and driveways and shall prohibit such crossing
of public streets. Easily identifiable golf paths must be provided
for crossing of private streets, access drives, and driveways. The
golf course design shall both discourage random crossing and require
use of golf path crossings of private streets, access drives, and
driveways. Golf path crossings shall conform to the following:
(1)
Each crossing shall be perpendicular to the traffic
movements;
(2)
Only one private street, access drive, or driveway
may be crossed at each location;
(3)
No crossing is permitted within 150 feet from the
cartway edge of any street, access drive, or driveway intersection;
(4)
Each crossing must be provided with a clear-sight
triangle of 75 feet, measured along the street, access drive, or driveway
center line and the golf path center line, to a location on the center
line of the golf path five feet from the edge of the street, access
drive, or driveway cartway. No permanent or temporary sight obstruction
more than three feet in height shall be placed within this area;
(5)
Each crossing shall be designed to provide adequate
sight distance with regard to both horizontal and vertical alignment;
(6)
The golf path shall not exceed a slope of 8% within
25 feet of the edge of the cartway which is being crossed;
(7)
Golf path crossings shall be signed to warn motorists,
pedestrians, and golfers. The surface of the crossing shall be brightly
painted with angle stripes; and
(8)
Bridges or tunnels to provide golf path crossings
of public streets shall comply with Commonwealth of Pennsylvania Department
of Transportation standards. Each bridge shall be completely enclosed.
C.
All golf course buildings shall be set back 75 feet
from all adjoining roads and 100 feet from adjoining parcels of land.
D.
Golf courses may include the following accessory uses,
provided that such uses are reasonably sized and located so as to
provide incidental service to the golf course employees and users:
(1)
Clubhouses, which may consist of:
(a)
Restaurant, snack bar, lounge, and banquet facilities;
(b)
Locker and rest rooms;
(c)
Administrative offices;
(d)
Golf cart and maintenance equipment and service
facilities;
(f)
Fitness and health equipment, including workout
machines, spas, whirlpools, saunas, and steam rooms;
(g)
Game rooms, including card tables, billiards,
ping-pong, video games, pinball machines, and other similar table
games; and
(h)
Baby-sitting rooms and connected fence-enclosed
play lots.
(2)
Accessory recreation amenities, located outside of
a building, including:
(a)
Driving range, provided that the applicant shall
furnish expert evidence that all lighting has been arranged to prevent
glare on adjoining properties and streets;
(b)
Practice putting greens;
(c)
Swimming pools;
(d)
Tennis, platform tennis, handball, racquetball,
squash, volleyball, and badminton courts;
(e)
Bocce ball, croquet, shuffleboard, quoits, and
horseshoe pits;
(f)
Picnic pavilions, picnic tables, park benches,
and barbecue pits;
(g)
Hiking, biking, horseback riding, and cross-country
ski trails; and
(h)
Playground equipment and play lot games, including
four-square, dodgeball, tetherball, and hopscotch.
(3)
Freestanding maintenance equipment and supply buildings
and/or storage yards.
E.
All outdoor storage of maintenance equipment and/or
golf carts shall be set back at least 100 feet and be screened from
adjoining lots and public streets.
F.
All dumpsters and off-street parking and/or loading
areas shall be screened from adjoining properties and public streets.
G.
Golf courses can be integrated with residential subdivisions.
In such instances, all open areas of the golf course can be calculated
as recreation space, as required by other Township ordinances.
[Added 10-14-2014 by Ord. No. 2014-4]
A.
Group homes.
(1)
A group home is permitted by right in all zoning districts within
the Township in which single-family dwelling units are similarly permitted
by right.
(2)
Unless otherwise specified by this Code, all group homes shall be
located on approved lots which comply with all applicable dimensional
requirements, the performance standards, the design standards, and
the area, yard and height regulations, which are further specified
by the appropriate zoning district to which the group home is located.
(3)
All group homes shall comply with the following general standards
and requirements:
(a)
One off-street parking space shall be provided per employee
on site, computed on the basis of the estimated maximum number of
employees that could be present at any given time, plus one space
for every four residents within the group home.
(b)
No more than two live-in employees or supervisors shall reside
in a group home.
(c)
The residential exterior appearance of the structure and premises
shall be maintained. No external alterations, additions, or changes
to the exterior of the structure are permitted, except as may be required
by the Pennsylvania Department of Welfare or other governmental agency,
or as may be needed for safety reasons or to accommodate the physically
handicapped.
(d)
There shall be no more than one kitchen or cooking facility
(with the exception of facilities existing as of the date of this
section that contain more than one kitchen or cooking facility). Meals
shall be served to employees, residents and visitors only.
(e)
The applicant shall provide documentation to the Township Code
Enforcement Officer and Zoning Officer that the group home complies
with all sewer, water, building, fire, plumbing, heating, electrical
and similar facilities requirements, and that the same meets the applicable
standards established by the Township and by the Commonwealth of Pennsylvania.
(f)
The applicant shall provide documentation to the Code Enforcement
Officer and Zoning Officer that the group home has been appropriately
licensed by the Pennsylvania Department of Public Welfare, to the
extent required, and shall meet all current DPW regulations, including
those standards governing indoor space and applicable state and local
building and fire safety codes. The applicant shall maintain a current
and valid license as a group home from DPW, to the extent required.
(g)
Immediate, emergency contact information of the agency or operator
of the group home shall be submitted to the authorized representatives
of the Township.
(h)
A group home and/or single-family residence housing more than
14 residents at any given time period is only permitted by special
exception.
(i)
An emergency management plan must be developed in the event
of a catastrophic event resulting from flooding, fire, snow, ice,
earthquake, utility outage or other catastrophic event. The emergency
management plan should be submitted to the Township Emergency Management
Coordinator, Police and Fire Company for review and consideration
prior to the issuance of the use and occupancy permit. The owner and
operator of the group home shall provide a copy of the emergency management
plan to the social workers and tenants of the group home.
B.
Group institution.
(1)
A group institution is permitted by special exception in the Industrial
Zoning District (I).
(2)
Unless otherwise specified by this Code, all group institutions shall
be located on approved lots which comply with all applicable dimensional
requirements, the performance standards, the design standards, and
the area, yard and height regulations, which are further specified
by the appropriate zoning district to which the group institution
is located.
(3)
All group institutions shall comply with the following general standards
and requirements, which the applicant bears the burden of establishing
in pursuing its special exception application:
(a)
A site plan or land development plan shall be accurately prepared
for a proposed group institution. The site plan or land development
plan shall show the location and the dimensions of the group institution,
off-street parking areas, private entrances, walkways, fencing and
landscaping. These plans shall show the dimensions, intended use and
square footage of each room and storage area within the group institution.
(b)
No group institution shall be located within 1/2 mile of another
existing group institution, educational use, institutional use, or
state-licensed day-care center. The one-half-mile setback shall be
measured 1) from the property line of the property upon which the
group institution is proposed and the property line of the property
on which any of the aforementioned use(s) are located, or 2) between
the proposed group institution and the nearest building in which such
aforementioned use(s) exist, whichever results in the greater setback.
(c)
One off-street parking space shall be provided per employee,
computed on the basis of the estimated maximum number of employees
that could be present at any given time, plus one space for every
four residents within the group institution. Garage space shall not
be used in calculating off-street parking.
(d)
No more than two live-in employees or supervisors shall reside
in a group institution.
(e)
The residential exterior appearance of the structure and premises
shall be maintained. No external alterations, additions, or changes
to the exterior of the structure are permitted, except as may be required
by the Pennsylvania Department of Welfare or other governmental agency,
or as may be needed for safety reasons or to accommodate the physically
handicapped. When the group institution use is abandoned, the dwelling
shall be restored to its prior dwelling unit status.
(f)
There shall be no more than one kitchen or cooking facility
(with the exception of facilities existing as of the date of this
section that contain more than one kitchen or cooking facility). Meals
shall be served to employees, residents and visitors only. No separate
cooking facilities are permitted for any occupant.
(g)
The applicant shall provide documentation to the Township Code
Enforcement Officer and Zoning Officer that the group institution
complies with all sewer, water, building, fire, plumbing, heating,
electrical and similar facilities, and that the same meets the applicable
standards established by the Township and by the Commonwealth of Pennsylvania.
(h)
The applicant shall provide documentation to the Code Enforcement
Officer and Zoning Officer that the group institution has been licensed
by the Pennsylvania Department of Public Welfare and shall meet all
current DPW regulations, including those standards governing indoor
space and applicable state and local building and fire safety codes.
The applicant shall maintain a current and valid license from DPW.
(i)
Although live-in supervision is not mandatory, the applicant
shall provide evidence and documentation to the Township that it will
provide the residents of the group institution with the physical safety
and emotional support that is required. Because the residents of the
group institution are likely to be suffering from a personal crisis,
some form of immediate contact with a manager or supervisor of the
agency or operator of the group institution shall be available 24
hours per day, seven days per week. Likewise, immediate, emergency
contact with the agency or operator of the group institution shall
be available to the authorized representatives of the Township. The
applicant shall further provide evidence to establish that its proposed
group institution, its facilities and its operation will neither cause
a threat to the public health, safety or welfare, nor constitute a
threat to the safety of the nearby residents or properties. To the
extent that the group institution is being utilized to house juveniles
who have been adjudicated delinquent, the applicant shall, as a condition
of any special exception approval for said use, be required to supply
the Police and Zoning Officer, within three days of the admission
of any individual into the group institution, with a list of the offenses
for which the resident has been adjudicated in order to ensure continuing
compliance with the provisions of this section. The aforesaid list
of offenses shall not include personal or identifying information
and shall comply with all applicable privacy laws. To the extent that
the group institution is being utilized to house juveniles who have
been adjudicated delinquent, the applicant shall further be required,
as a condition of any special exception approval for said use, to
maintain a photograph of each current resident of the group institution,
which may be supplied to the Police in the event of an emergency or
other incident requiring emergency services intervention.
(j)
No group institution shall have more than 14 residents at any
given time period, not including the live-in supervisors and employees.
(k)
An emergency management plan must be developed in the event
of a catastrophic event resulting from flooding, fire, snow, ice,
earthquake, utility outage or other catastrophic event. The emergency
management plan should be submitted to the Township Emergency Management
Coordinator, Police and Fire Company for review and consideration
prior to the issuance of the use and occupancy permit. The owner and
operator of the group institution shall provide a copy of the emergency
management plan to the social workers and tenants of the group institution.
(4)
As part of the special exception application, the Zoning Hearing
Board may impose conditions as deemed necessary or appropriate.
C.
Correctional facility.
(1)
A correctional facility is permitted by special exception in the
Industrial Zoning District (I), and shall also comply with the requirements
of Zoning Ordinance regarding institutional use (noting that, in the
event of any conflict with the provisions of this subsection and any
other applicable provision of this chapter, the stricter requirement
shall apply).
(2)
Unless otherwise specified by this section, all correctional facilities
shall be located on approved lots that comply with all applicable
dimensional requirements, the performance standards, the design standards,
and the area, yard and height regulations for the applicable Zoning
District.
(3)
All correctional facilities shall comply with the following general
standards and requirements, which the applicant bears the burden of
establishing in pursuing its special exception application:
(a)
A site plan or land development plan shall be accurately prepared
for a proposed correctional facility. The site plan or land development
plan shall show the location and the dimensions of the correctional
facility, off-street parking areas, private entrances, walkways, fencing
and landscaping.
(b)
No correctional facility shall be located within one mile of
another existing correctional facility, educational use, institutional
use, or state-licensed day-care center, nor shall an applicant be
permitted to apply for special exception relief for more than one
correctional facility within one mile of each other. Another use or
facility shall be deemed "existing" if such uses or facilities were
in existence or operation at the time of the landowner's special exception
application; if such uses or facilities have been granted special
exception or other zoning approval at the time of the landowner's
special exception application; if such uses or facilities have obtained
preliminary subdivision or land development approval at any time prior
to the Zoning Hearing Board's decision on the landowner's special
exception application; or if such uses or facilities have obtained
a zoning permit or building permit from the Township at the time of
the landowner's special exception application. In instances where
a landowner has filed a special exception application for a correctional
facility at a time when an application is pending for another correctional
facility, group home or group institution within the required setback
area, then the filing date and time for the applications shall control
and the earlier-filed application shall be considered "existing" for
purposes of this section. The one-mile setback shall be measured 1)
from the property line of the property upon which the correctional
facility is proposed and the property line of the property on which
any of the aforementioned use(s) are located, or 2) between the proposed
correctional facility and the nearest building or structure in which
such aforementioned use(s) exist, whichever results in the greater
setback.
(c)
No correctional facility shall be constructed within 250 feet
of a residence or residentially zoned property, nor within 1,000 feet
of a school, church, playground, park, camp, community center, child-care
facility or other area where minor children assemble or congregate.
This setback shall be measured, on the one hand, from the location
of the building, structure, or other component of a correctional facility
that will house or be populated by inmates or juvenile residents,
or any administrative offices thereof, and, on the other hand, the
property line of the property on which is situated the aforementioned
uses (i.e., the property lines of the residence, residentially zoned
property, school, church, playground, park, camp, community center,
child-care facility or other area where minor children assemble or
congregate).
(d)
All correctional facility buildings, structures, or other components
of a correctional facility that will house or be populated by inmates
or juvenile residents shall be set back from the property line of
the property a minimum of 50 feet.
(e)
One off-street parking space shall be provided per employee,
computed on the basis of the estimated maximum number of employees
that could be present at any given time, plus one space for every
2.5 inmates or juvenile residents within the correctional facility.
(f)
The Zoning Hearing Board shall attach to any approval conditions
ensuring appropriate security measures, including, but not limited
to, fencing or other barriers, cameras, lighting, guards, sign-in
and sign-out sheets, curfews for residents, patrolling of the property,
the use of guard dogs, sirens and direct alarms with the Police.
(g)
The applicant shall provide notice of any incidents at the correctional
facility involving escapes, attempted escapes, physical altercations
resulting in hospitalization, or improper releases of inmates or juvenile
residents to all Township residents and landowners seeking to receive
the same, such as through AlertPA or a similar, Township-approved
notification system. Such notices shall be issued within 24 hours
of the correctional facility becoming aware of the same.
(h)
The design, construction and operations of the correctional
facility shall be supported by expert study as to every aspect of
the facility. The implementation of the conclusions of those studies
shall be subject to the review and approval of the Township through
the special exception process.
(i)
The applicant shall provide documentation to the Township Code
Enforcement Officer and Zoning Officer that the correctional facility
complies with all sewer, water, building, fire, plumbing, heating,
electrical and similar facilities requirements of the Township, and
that the same meets the applicable standards established by the Township
and by the Commonwealth of Pennsylvania.
(j)
The applicant shall provide documentation to the Code Enforcement
Officer and Zoning Officer that the correctional facility has been
licensed by the Pennsylvania Department of Corrections, and/or the
Pennsylvania Department of Public Welfare, as required, and shall
meet all current DOC and DPW regulations, including those standards
governing indoor space and applicable state and local building and
fire safety codes. The applicant shall maintain a current and valid
license from DPW or DOC, as applicable.
(k)
The applicant shall provide evidence and documentation to the
Township that it will provide the inmates or residents of the correctional
facility with the physical safety and emotional support that is required.
Some form of immediate contact with a manager or supervisor of the
agency or operator of the correctional facility shall be available
24 hours per day, seven days per week. Likewise, immediate, emergency
contact with the agency or operator of the correctional facility shall
be available to the authorized representatives of the Township.
(l)
The applicant shall further provide evidence to establish that
its proposed correctional facility, its facilities and its operation
will neither cause a threat to the public health, safety or welfare,
nor constitute a threat to the safety of the nearby residents or properties.
The applicant shall, as a condition of any special exception approval
for said use, be required to supply the Police, within three days
of the admission, transfer or release of any individual inmate into
or from the correctional facility, with the name, physical description,
sentence and list of offenses for which the inmate has been convicted.
This requirement shall not apply to inmates or juvenile residents
adjudicated of violent offenses that are not expected to be housed
within the correctional facility for fewer than five days. With respect
to correctional facilities that provide housing for juveniles adjudicated
of violent offenses, the applicant shall provide the Police, within
three days of admission, transfer or release of any juvenile into
or from such correctional facility, with a list of the offenses for
which the juvenile has been adjudicated, noting that the aforesaid
list of offenses shall not include personal or identifying information
and shall comply with all applicable privacy laws. The applicant shall
further be required, as a condition of any special exception approval
for said use, to maintain a photograph of each current inmate or juvenile
resident of a correctional facility, which may be supplied to the
Police in the event of an emergency or other incident requiring police
intervention.
(m)
The applicant must develop an emergency management plan, subject
to the annual review and approval of the Township, in the event of
a catastrophic event resulting from flooding, fire, snow, ice, earthquake,
utility outage or other catastrophic event. The emergency management
plan should be submitted to the Police, Fire Company, Zoning Officer
and Emergency Management Coordinator for review and consideration
prior to the issuance of the use and occupancy permit and biannually
(every other year) on or before January 31 of such year.
D.
As part of the special exception application, the Zoning Hearing
Board may impose conditions as deemed necessary or appropriate.
Within the VR Zone, health care facilities may
be permitted by conditional use, and within the GC Zone, health care
facilities may be permitted by special exception, subject to the following
criteria:
A.
Health care facilities shall be proposed only on lots
with public water and public sewage disposal facilities. On-lot water
supply or sewage disposal shall be strictly prohibited;
B.
The site shall consist of at least two contiguous
acres;
C.
All parking areas shall be set back a minimum of 25
feet from all property lines and shall be screened from adjoining
lots and streets;
D.
A health care facility may erect one sign no larger
than 12 square feet per face which must be set back at least 10 feet
from all lot lines;
E.
At least 10% of required parking spaces shall be designed
for handicapped persons;
F.
The maximum permitted density of residents shall be
12 beds per acre; and
G.
The applicant shall obtain land development approvals
and an approval from the Commonwealth of Pennsylvania Licensing Agency.
Within the I Zone, heavy equipment sales, service
and/or repair facilities may be permitted by special exception, subject
to the following criteria:
A.
All service and/or repair activities shall be conducted
within a completely enclosed building;
B.
All uses involving drive-through service shall provide
sufficient on-site stacking lanes to prevent vehicle backups on adjoining
roads;
C.
All exterior storage and/or display areas shall be
screened from adjoining residentially zoned properties and from all
properties on which residences exist;
D.
The storage of junked vehicles, boats, machinery,
trucks, trailers, mobile homes and heavy equipment on the property
is prohibited;
E.
Any ventilation equipment outlets associated with
the service/repair work area(s) shall be directed away from all adjoining
residentially zoned properties and properties on which residences
exist; and
F.
All vehicles shall be repaired and removed promptly
from the premises.
Within the I Zone, heavy industrial uses may
be permitted by special exception, subject to the following criteria:
A.
The applicant shall provide a detailed written description
of the proposed use covering each of the following topics:
(1)
The nature of the on-site processing operations, the
materials used in the process, the products produced, and the generation
and methods for disposal of any wastes and/or by-products. In addition,
the applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with commonwealth
and federal regulations;
(2)
The general scope of the operation in terms of its
market area, specific floor space requirements for each step of the
industrial process, the total number of employees on each shift, and
an overall needed site size; and
(3)
Any environmental impacts that are likely to be generated
(e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical
disturbance, wastewater, stormwater, solid waste, etc.) and specific
measures employed to mitigate or eliminate any negative impacts. The
applicant shall further furnish expert evidence that the impacts generated
by the proposed use fall within acceptable levels as regulated by
applicable laws and ordinances.
B.
The applicant shall provide a traffic study prepared
by a professional engineer with specific training in traffic engineering.
This study shall demonstrate that the proposed use will not be detrimental
to the capacity of existing roadways and intersections.
Within the GC Zone, home improvement and building
supply stores may be permitted by special exception, subject to the
following criteria:
A.
If the subject property contains more than two acres,
it shall front on an arterial or collector road;
B.
The retail sales area shall be all areas open for
public display, including but not limited to shelves, racks, bins,
stalls, tables, and booths, plus any adjoining aisles or walkways
from which consumers can inspect items for sale. The retail sales
area shall include both interior and exterior areas as listed above;
C.
Off-street parking shall be provided at the rate of
one space for each 200 square feet of interior retail sales area,
plus one space for each 500 square feet of exterior sales area, plus
one space for each employee on the two largest shifts;
D.
All exterior retail sales areas shall include a dust-free
surface and a completely enclosed minimum six-foot-high fence and
gates;
E.
All exterior storage and retail sales areas (exclusive
of nursery and garden stock) shall be located within a side and/or
rear yard and shall be screened from adjoining roads and properties;
F.
The applicant shall furnish expert evidence that any
exterior amplified public address system and/or exterior lighting
has been arranged and designed so as to prevent objectionable impact
off the site;
G.
Any drilling, cutting, sawing, mixing, crushing or
other preparation of building materials, plus any testing or repair
of motorized equipment, shall be conducted within a completely enclosed
building; and
H.
The applicant shall submit a traffic study prepared
by a professional engineer with specific training in traffic engineering.
This study shall demonstrate the acceptability of the proposed methods
of traffic control and further that the capacity of existing roadways
and intersections will not be adversely impacted.
Within all zones, with the exception of the
BMC Zone where they are prohibited, home occupations are permitted
by special exception, subject to the following criteria:
A.
The use shall be clearly incidental to the primary
use of the premises as a dwelling for living purposes;
B.
No more than two persons who are not residents of
the dwelling may be engaged in the home occupation use;
C.
No more than one home occupation may be located within
any dwelling unit;
D.
The home occupation shall not alter the appearance
of the building as a dwelling unit;
E.
No mechanical equipment shall be employed in a home
occupation, other than that customarily utilized for hobby or domestic
purposes;
F.
No sales of any goods or merchandise shall occur on
the premises, other than those goods or merchandise which are produced
on the premises;
G.
No manufacturing shall occur on the premises other
than the products of customary hobbies and fabrication of garments
by a seamstress;
H.
No goods shall be displayed so as to be visible from
the exterior of the premises;
I.
Home occupations shall be limited to not more than
25% of the floor area of the dwelling unit or 500 square feet, whichever
is less;
J.
No accessory building or structure shall be utilized
for any aspect of a home occupation;
K.
In addition to the required parking spaces for the
dwelling unit, one parking space per potential patron on site at any
one time shall be provided;
L.
Only one sign advertising a home occupation shall
be permitted; such sign shall not be illuminated and shall be limited
to four square feet in display area, including all sides of the sign;
and
M.
The applicant shall submit evidence to the Zoning
Hearing Board of all applicable commonwealth or other governmental
agency approvals.
Within the GC Zone, hospitals may be permitted
by special exception, subject to the following criteria:
A.
Hospitals shall be proposed only on lots with public
water and public sewage disposal facilities. On-lot water supply or
sewage disposal shall be strictly prohibited;
B.
The site shall consist of at least two contiguous
acres;
C.
All parking areas shall be set back a minimum of 25
feet from all property lines and shall be screened from adjoining
lots and streets;
D.
A hospital may erect one sign no larger than 12 square
feet per face which must be set back at least 10 feet from all lot
lines;
E.
At least 10% of required parking spaces shall be designed
for handicapped persons;
F.
The maximum permitted density of residents shall be
12 beds per acre; and
G.
The applicant shall obtain land development approvals
and an approval from the Commonwealth of Pennsylvania Licensing Agency.
Within all zones, intermediate care facilities
and ICF/MR facilities may be permitted by special exception, subject
to the following criteria:
A.
Intermediate care facilities and ICF/MR facilities
shall be proposed only on lots with public water and public sewage
disposal facilities; on-lot water supply or sewage disposal shall
be strictly prohibited;
B.
The site shall consist of at least two contiguous
acres;
C.
All parking areas shall be set back a minimum of 25
feet from all property lines and shall be screened from adjoining
lots and streets;
D.
Intermediate care facilities and ICF/MR facilities
may erect one sign no larger than 12 square feet per face which must
be set back at least 10 feet from all lot lines;
E.
At least 10% of required parking spaces shall be designed
for handicapped persons;
F.
The maximum permitted density of residents shall be
12 beds per acre; and
G.
The applicant shall obtain land development approvals
and an approval from the Commonwealth of Pennsylvania Licensing Agency.
Within the GC Zone, long-term care nursing facilities
may be permitted by special exception, subject to the following criteria:
A.
Long-term care nursing facilities shall be proposed
only on lots with public water and public sewage disposal facilities;
on-lot water supply or sewage disposal shall be strictly prohibited;
B.
The site shall consist of at least two contiguous
acres;
C.
All parking areas shall be set back a minimum of 25
feet from all property lines and shall be screened from adjoining
lots and streets;
D.
A long-term care nursing facility may erect one sign
no larger than 12 square feet per face which must be set back at least
10 feet from all lot lines;
E.
At least 10% of required parking spaces shall be designed
for handicapped persons;
F.
The maximum permitted density of residents shall be
12 beds per acre; and
G.
The applicant shall obtain land development approvals
and an approval from the Commonwealth of Pennsylvania Licensing Agency.
[Added 6-27-2017 by Ord.
No. 2017-3]
A.
Purpose. The purpose of this section is to establish a process and
standards for the establishment, construction, and operations of medical
marijuana facilities, pursuant to the Pennsylvania Medical Marijuana
Act (PA Act 16, 2016),[1] to allow for the integration of an allowed industry while
providing for the protection of the public's health, safety, morals,
and general welfare.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
B.
District regulations.
(1)
Academic clinical research centers are permitted by special exception in the Industrial (I), Office Business (OB) and General Commercial (GC) Zoning Districts with consideration for the applicable performance standards found in Subsection D(1) of this section.
(2)
Medical marijuana grower/processors are permitted by special exception in the General Commercial (GC) and the Industrial (I) Zoning Districts with consideration for the applicable performance standards found in Subsection D(2) of this section. It shall be a conditional use in the Neighborhood (NC) Zoning District.
D.
Use regulations. The following are performance standards for medical
marijuana facilities.
(1)
Academic clinical research centers.
(b)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(c)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties in accordance with other
sections of the Zoning Ordinance regarding lighting requirements.
(2)
Medical marijuana grower/processor.
(a)
A medical marijuana grower/processor shall meet the same Township's
zoning and land use requirements as other manufacturing, processing
and production facilities that are located in the same district.
(b)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(c)
A medical marijuana grower/processor shall meet the setback,
parking, landscaping, coverage, and building height requirements required
in the zoning district in which the use is permitted by right to determine
the building envelope and lot coverage and shall meet all the bulk
requirements of the underlying zoning district.
(d)
The maximum floor area of a medical marijuana grower/processor
shall be limited to 20,000 square feet, of which sufficient space
must be set aside for secure storage of marijuana seeds, related finished
product, and marijuana related materials used in production or for
required laboratory testing.
(e)
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs. If on-lot wells will be used to supply water the requirements of § 147-20D shall be complied with. All stormwater discharge shall comply with Chapter 138, entitled "Stormwater Management," requirements for other manufacturing, processing and production facilities.
(f)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecure exterior refuse containers.
(g)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(h)
Grower/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(i)
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties in accordance with lighting requirements set forth in the Zoning Ordinance including but not limited to the requirements for proper lighting in § 180-37.
(k)
A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district in accordance with the requirements in § 180-33.
(l)
Entrances and driveways to a medical marijuana grower/processor
must be designed to accommodate the anticipated vehicles used to service
the facility.
(m)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment and located in the rear of the building.
(3)
Medical marijuana transport vehicle service.
(a)
A traffic impact study is required where the office is operated.
(d)
A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district in accordance with § 180-33.
(e)
Entrances and driveways to a medical marijuana transport vehicle
service must be designed to accommodate the anticipated vehicles used
to enter and exit the premises.
[1]
All accesses must secure the appropriate highway
occupancy permit from the Department of Transportation and/or Lehigh
Township for non-state-owned roads.
(f)
The medical marijuana product shall not be stored at a medical
marijuana transport vehicle service facility.
(g)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment located in the rear of the building.
(4)
Medical marijuana dispensary.
(a)
A medical marijuana dispensary shall meet the same municipal
zoning and land use requirements as other commercial facilities that
are located in the same district.
(b)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH.
(c)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(d)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(e)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
(f)
Permitted hours of operation of a dispensary shall be 8:00 a.m.
to 8:00 p.m. (of the same calendar day).
(g)
A medical marijuana dispensary shall meet the setback, parking,
loading, landscaping, coverage and building height requirements of
the zoning district in which the use is permitted to determine the
building envelope, lot coverage and maximum allowable floor area.
(h)
A medical marijuana dispensary shall be a maximum of 3,000 gross
square feet, of which no more than 500 square feet shall be used for
secure storage of product, and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area.
(j)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(k)
A medical marijuana dispensary may not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of municipality
in which it is located.
(l)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest medical marijuana facility. This
does not include complementing or supporting businesses covered by
different definitions. This distance shall be measured in a straight
line from the closest exterior walls of the buildings or portions
thereof in which the businesses are conducted or proposed to be conducted
to the closest property of the protected use regardless of municipality
in which it is located. This separation distance does not apply to
the distance between the grower/processor or academic clinical research
centers and the specific dispensary they serve, or with which they
partner.
(m)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
(p)
A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district in accordance with § 180-33 of the Zoning Ordinance.
(q)
Entrances and driveways to a medical marijuana dispensary must
be designed to accommodate the anticipated vehicles used to service
the facility.
(r)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
E.
Administration and enforcement.
(1)
Building and zoning permits/approvals.
(a)
A zoning permit shall be required prior to obtaining a building
permit; for the construction or erection of a building; the alteration
of a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
(b)
The Township's zoning permit application must be completed.
(c)
Permit fees shall be as stipulated in the fee schedule adopted
by resolution of the municipal governing body in effect at the time
of application.
(d)
Permits may be denied if the applicant, in the reasonable opinion
of the Lehigh Township Board of Supervisors, is failing to comply
with any state or local law or regulation.
(f)
If the application is to change the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
(g)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the DOH.
F.
Penalities. Any owner, operator, or other person who violates or
permits a violation of this section shall, upon being found liable
therefor in a civil enforcement proceeding before a Magisterial District
Judge, pay to Lehigh Township a fine of not more than $500, plus all
court costs, including but not limited to reasonable attorney's fees
incurred by Lehigh Township on account of such violation. No penalty
or cost shall be imposed until the date the determination of the violation
by the Magisterial District Judge becomes final. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment as provided by law. Each day a violation exists after
final judgment shall constitute a separate offense. The amount of
the fine imposed shall be multiplied by the number of such days and
may be charged and collected by Lehigh Township without further judicial
proceedings. Further, the appropriate officers or agents of Lehigh
Township are hereby authorized to issue a cease and desist notice
and/or to seek equitable relief, including injunction, to enforce
compliance herewith. No bond will be required if injunctive relief
is sought by Lehigh Township. A person who violates this section shall
also be responsible for Lehigh Township's attorney's fees, engineering
fees, expert fees and court costs reasonably incurred by Lehigh Township
on account of such violation.
G.
Severability. The provisions of this section shall be severable,
and if any provision hereof shall be declared unconstitutional, illegal
or invalid, such decision shall not affect the validity of any of
the remaining provisions of this section. It is hereby declared as
a legislative intent of the Township that this section would have
been amended as if such unconstitutional, illegal or invalid provision
or provisions had not been include herein.
H.
Repealer. All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
Within the OB and VR Zones, medical residential
campuses may be permitted by special exception, subject to the following
criteria:
A.
Medical residential campuses shall be proposed only
on lots with public water and public sewage disposal facilities; on-lot
water supply or sewage disposal shall be strictly prohibited;
B.
The campus shall primarily serve the needs of retirement-aged
persons. At least one resident of each household shall be at least
50 years old or possess some handicap which can be treated within
a setting like the medical residential campus;
C.
The campus shall achieve a balanced residential/medical
environment which cannot be achieved through the use of conventional
zoning techniques;
D.
Residences shall be functionally, physically, and
architecturally integrated with medical service and recreational activity
centers;
E.
Commercial, medical, and recreational uses shall be
grouped together and located near the populations being served;
F.
The minimum land area devoted to the campus shall
be 10 contiguous acres;
G.
The site shall front on and have access to an arterial
or collector road;
H.
All buildings or structures containing nonresidential
use(s), off-street parking lots and loading areas shall be set back
a minimum of 75 feet from all lot lines of the campus property;
I.
All buildings or structures used solely for residential
purposes shall be set back at least 50 feet from all lot lines of
the campus property;
J.
The maximum permitted overall density is eight dwelling
units per acre. For purposes of this section, each 1.5 care beds associated
with a medical use shall constitute one dwelling unit. No more than
50% of the total number of permitted dwelling units shall consist
of care beds;
K.
The maximum permitted height is 60 feet, provided
that an additional two feet of building setback shall be required
for each one foot, or portion thereof, that the building height exceeds
35 feet. Furthermore, for any building exceeding 35 feet in height,
the applicant shall obtain a letter from the Township Fire Department
and Ambulance Corps indicating that adequate provision has been made
for fire-fighting and rescue activities;
L.
No more than 60% of the subject property shall be
covered with buildings, parking and loading areas, and/or other impervious
surfaces;
M.
Each off-street parking lot shall provide at least
20% of the total parking spaces as those designated for the physically
handicapped. Furthermore, such parking spaces shall be located throughout
the campus in such a manner to be conveniently accessible to the buildings/uses
for which they are required;
N.
Only those uses which provide a harmonious, balanced
mix of medical, residential, limited commercial and recreational uses,
primarily serving campus residents, and public, quasi-public and medical
uses for the off-campus retirement-aged community will be permitted.
Uses may include, but need not be limited to, the following:
(1)
Dwellings, nursing homes and congregate living facilities
for the elderly or physically handicapped;
(2)
Medical facilities, including offices, laboratories,
clinics, professional or paramedical training centers, and ambulatory
care facilities;
(3)
Commercial uses which are strictly related and subordinate
to the residential/medical character of the campus and which directly
serve the residents and employees of, or visitors to, the center.
The uses shall be chosen to reflect their local orientation to the
immediate campus community and should be of a size and scope so as
not to interfere with existing or proposed retail uses located in
the off-campus area; and
(4)
Recreational and social uses, such as athletic facilities,
community centers, and assembly halls, limited to use only by campus
residents, employees, and their guests; and
O.
The applicant shall furnish a description of the effect
of the proposed use on the delivery of ambulance service. This description
shall include a letter from the agency responsible for ambulance service
to the site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use
and any suggestions which might enhance ambulance service. Should
it be determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval to assure
adequate levels of service.
Within the A/RR and I Zones, mineral extraction
is permitted by conditional use, subject to the following criteria:
A.
For the purposes of this section, a quarry is defined
as a lot of land or part thereof which has been used in the past,
or is presently being used, for the purpose of extracting stone, slate,
sand, gravel, minerals, or topsoil for sale.
B.
No building or structure, with the exception of a
private driveway to service the lot or land upon which a quarry is
located, shall be erected or constructed within a distance of 200
feet of the nearest edge of the quarry.
C.
No private driveway shall be erected or constructed
within a distance of 100 feet of the nearest edge of a quarry.
D.
The activities and residual effects shall not create
conditions hazardous or otherwise significantly adverse to the value
and customary use of adjacent properties. The Board of Supervisors
(Board) can impose adequate and reasonable protection for adjacent
uses.
E.
The site shall be reclaimed to a nonhazardous state
permitting some economically productive future use of the property,
and extracting activities and the resulting condition of the site
will not result in environmental degradation of the surrounding area.
F.
A buffer yard within the standards of § 180-33 with a width of 200 feet shall be required between the lot line of any existing residential use or residentially zoned land and any mineral extraction use.
G.
Minimum setback from all exterior lot lines will be
100 feet.
H.
Additional setbacks will be 200 feet from any publicly
owned recreational land, school, place of worship, creek, river, lake
or wetland.
I.
Secure chain-link fencing at least seven feet in height
shall surround all active areas of mineral extraction.
K.
The Board may require that the applicant submit a
copy of all submitted materials to the County Conservation District
for a review.
L.
The Board may submit an application affecting greater
than 10 acres to the Township Engineer for review. Such reasonable,
necessary and routine review fees as occur shall be paid for by the
applicant.
M.
The Board may reasonably limit the hours of operation
of the use and of related hauling operations to protect the character
of nearby residential areas.
N.
The applicant may be required to post reasonable and
necessary bonds to provide for any damage incurred from the use of
Township roads by heavy trucks from the mineral extraction operation.
O.
Prior to the approval of any conditional use under
this chapter for mineral extraction, the Board of Supervisors shall
determine that the proposed use will not adversely affect the public
health or safety of the community. The applicant shall submit a complete
copy of all application materials and a site plan to the Board of
Supervisors and to the Planning Commission for review. In making a
determination, the Board shall consider the following information
as supplied by the applicant or any other party to the proceeding:
(1)
A plan indicating the minimum lot width will be 200
feet at the location of the proposed mineral extraction operation;
(2)
A plan indicating the minimum lot width will be 200
feet for the anticipated depth of any excavations;
(3)
A plan indicating the minimum lot width will be 200
feet at the depth of the existing water table;
(4)
The relationship of the mine site to surface watercourses
and bodies of water;
(5)
The established water quality of nearby surface waters
which may be affected by the mineral extraction operation;
(6)
The probable effect of the mineral extraction operation
on the quality of nearby surface waters (the Board may require the
applicant to prepare studies of the present water quality of surface
or underground waters which may be affected by the proposed mineral
extraction operation and receive other qualified evidence on water
quality);
(7)
The nature and approximate volume of the overburden
to be removed in the operation;
(8)
The underlying strata in which the minerals to be
extracted are located; and
(9)
The probable effect of blasting and other excavation
methods upon lawful existing and permitted uses in the area surrounding
the proposed site.
P.
This section is not intended to preempt unlawfully
any federal or state law or regulation. Unless a preemption of this
section would exist, the most strict and least permissive requirements
shall be in effect where a conflict might exist.
Q.
No mineral extraction use may begin, expand or continue
without having in effect all required state and federal permits and
being in compliance with all applicable regulations.
R.
Sustainability of roads.
(1)
It is the responsibility of the applicant to prove
to the satisfaction of the Board that the existing Township and state
road system to be used will accommodate the heavy truck traffic proposed
by mineral extraction operations.
(2)
If it is determined by the Board that the mineral
extraction use would create unusually heavy truck traffic and that
the state and Township roads to be used would be inadequate to handle
this unusually heavy and noncustomary traffic, the applicant may be
required by the Board to fund such improvements to roads leading to
highways having the structural integrity to handle reasonably the
heavy truck traffic that will be generated. Such improvements shall
be in direct relation to the traffic generated by the use. Such improvements
may be made in phases and may be handled through the posting of bonds.
(3)
The Board may deny a mineral extraction application
if the public roads would be physically unable to handle the heavy
truck traffic and if the applicant refused to fund the improvements
necessary.
S.
Each application for a conditional use for mineral
extraction covering an area greater than one acre shall contain the
following information:
(1)
Current uses of the land to be included in the requested
permit.
(2)
A location map (prepared by a registered professional
engineer and/or land surveyor) showing:
(a)
The extent of the area to be excavated;
(c)
Boundaries of adjoining lands owned by persons
other than the applicant and the existing uses of those adjoining
lands;
(d)
The location of all watercourses, bodies of
water, public rights-of-way, public buildings, public recreation areas
or other public property on or within 400 feet of the boundaries of
land to be affected by the surface mining operation; and
(e)
The physical or topographical relationship of
the land area encompassed within the boundaries of the tract.
(3)
A development plan for the area to be affected by
mineral extraction operation, prepared by a registered professional
engineer and/or land surveyor, showing:
(a)
The nature and depth of the various strata of
overburden above and between mineral seams to be excavated;
(b)
The location and quality of underground water
known to be present on the site;
(c)
The location of known aquifers and the estimated
elevation of the water table; and
(d)
An estimate (prepared by a qualified soils engineer
or registered geologist) of the probable impact of the mineral extraction
operation upon the surrounding water sources.
(4)
A detailed land reclamation plan of the area included
within the permit, showing:
(a)
The proposed use or uses of the land following
the close of mineral extraction operations;
(b)
The proposed topography of land following the
close of mineral extraction operations;
(c)
The actions to be taken during mineral extraction
to conserve and replace topsoil removed during mineral extraction
operations;
(d)
A sedimentation and erosion control plan for
the operation, including vegetation to be planted for soil stabilization
purposes;
(e)
The proposed location of future roads, private
or public rights-of-way, drainage courses and other proposed improvements;
and
(f)
Reasonable assurances that the applicant will
be capable of reclaiming the land in accordance with the plan within
a reasonable time after completion of the mineral extraction operations
to be covered by the requested permit.
(5)
Such other information as the Board may require and
which examination of the application may reveal to be necessary in
order to determine that the proposed mineral extraction operation
will comply with the requirements of this chapter.
T.
Regulation of the maximum acreage available.
(1)
The intent is to control the pace of mineral extraction
operations in a manner commensurate with the Township's ability to
promote orderly growth and to assimilate development activity created
by mineral extraction operations and related activities, to provide
necessary public services throughout the Township to assure adequate
protection of life and property, to provide for coordinated and practical
community development, to prevent overcrowding of land, blight, congestion
in travel and transportation, and loss of life or property from flood
or other danger, to encourage expedient reclamation of mineral extraction
lands, and to provide incentives for the use of inadequately reclaimed
lands.
(2)
The gross acreage under active mineral extraction
operations at any one time in the Township shall not exceed 100 acres.
(3)
No permit for mineral extraction issued under this
section for the conduct of mineral extraction operations shall be
deemed to authorize the applicant to begin, or to continue existing,
mineral extraction operations on land covered by the permit until
the Zoning Officer shall certify that the mineral extraction operations
covered by the permit will not cause the total amount of land under
active mineral extraction operations to exceed the maximum gross amount
of land which may be affected by mineral extraction at any one time
under the provisions of this section.
(4)
The land affected by mineral extraction shall, for
purposes of this section, include land currently under an active mineral
extraction permit at the time of the adoption of this chapter, land
not adequately reclaimed or backfilled following prior mineral extraction
operations, land containing waste or spoil piles from existing or
prior mineral extraction activities, and other land determined to
be so affected for reasons set forth in this chapter.
(5)
It is the responsibility of the applicant periodically
to document to the Board or Zoning Officer that the maximum gross
area being excavated is under 100 acres, if requested to provide such
documentation by the Board or Zoning Officer.
(6)
It is understood that any mineral extraction operations
that are closely related business ventures and that are being conducted
within close proximity to each other can be considered as one operation
within the maximum gross area requirement at the discretion of the
Board.
U.
Unique or environmentally significant natural features
and significant historic or architectural structures and sites or
public water supply shall be protected from disruption or adverse
effects from mineral extraction activities.
Within the I Zone, mini warehouses may be permitted
by special exception, subject to the following criteria:
A.
Off-street parking spaces shall be provided at the
rate of one space per each 25 units, plus one per 250 square feet
of office space, plus two per any resident manager;
B.
In addition to the parking spaces required by the
preceding subsection, parking shall be provided by parking/driveway
lanes adjacent to the buildings. These lanes shall be at least 26
feet wide when cubicles open onto one side of the lane only and at
least 30 feet wide when cubicles open onto both sides of the lane;
C.
Required parking spaces may not be rented as, or used
for, vehicular storage. However, additional external storage area
may be provided for the storage of privately owned travel trailers
and/or boats, so long as such external storage area is screened from
adjoining residentially zoned land, parcels on which a residence exists,
and adjoining roads and is located behind the minimum front yard setback
line. This provision shall not be interpreted to permit the storage
of partially dismantled, wrecked, or inoperative vehicles;
D.
All storage shall be kept within enclosed buildings.
Storage of flammable, highly combustible, explosive, or hazardous
chemicals shall be prohibited. Any fuel tanks and/or machinery or
other apparatus relying upon such fuels shall only be stored in an
external storage area as described above;
E.
An on-site manager shall be required to be on the
site on a full-time basis and shall be responsible for maintaining
operation of the facility in conformance with the conditions of approval
and all applicable ordinances. Any dwelling for a resident manager
shall comply with all of those requirements listed within the VR Zone
and shall be entitled to all residential accessory uses provided in
this chapter;
F.
Because of the danger from fire or explosion caused
by accumulation of vapors from gasoline, diesel fuel, paint, paint
remover, and other flammable materials, the repair, construction,
or reconstruction of any boat, engine, motor vehicle, or furniture
is prohibited;
G.
No door openings for any mini warehouse storage unit
shall be constructed facing any residentially zoned property or any
property on which a residence exists; and
H.
Mini warehouses shall be used solely for the storage
of property.
(1)
The following lists examples of uses expressly prohibited
upon the site:
(a)
Auctions, wholesale or retail sales, or garage
sales;
(b)
The servicing, repair, or fabrication of motor
vehicles, boats, trailers, lawn mowers, appliances, or other similar
equipment;
(c)
The operation of power tools, spray-painting
equipment, table saws, lathes, compressors, welding equipment, kilns,
or other similar equipment;
(d)
The establishment of a transfer and storage
business; and
(e)
Any use which may be noxious or offensive because
of odors, dust, noise, fumes, or vibrations.
(2)
The applicant shall adequately demonstrate that all
mini warehouse rental and/or use contracts specifically prohibit these
uses.
Within the VR Zone, mobile/manufactured home
parks may be permitted by conditional use, subject to the following
criteria:
A.
The mobile/manufactured home park shall have a minimum tract size
of 10 acres, and the maximum density of any mobile home park shall
not exceed 2.7 mobile homes per net acre of usable land. Unusable
land is areas of wetlands, slopes in excess of 30%, floodplains, bodies
of water, and rock outcroppings. All mobile home parks shall be connected
to public or centralized sanitary sewer and public or centralized
water supply systems.
[Added 6-14-2011 by Ord. No. 2011-1]
B.
The mobile/manufactured home park shall have centralized
sewer and water.
C.
The mobile/manufactured home park shall have a thirty-foot-wide buffer yard around the perimeter of the site. See § 180-33.
D.
All applicable provisions of Chapter 147, Subdivision and Land Development, shall be complied with.
E.
The minimum separation between mobile/manufactured
homes shall be 50 feet.
[Amended 6-14-2011 by Ord. No. 2011-1]
F.
Setback distances measured from the existing street
right-of-way line shall be 50 feet.
[Amended 6-14-2011 by Ord. No. 2011-1]
G.
Recreation area. The size of such recreation area shall be based
upon a minimum of 2,000 square feet per dwelling unit. No outdoor
recreation area shall contain less than 2,500 square feet.
[Amended 6-14-2011 by Ord. No. 2011-1]
(1)
Contiguous usable recreation area shall be provided. The amount of
the recreation area shall be a minimum of 5,000 square feet per dwelling
unit within the tract. This shall be developed as an active playground
or level field suitable for free play. Areas within the required perimeter
setback shall not count as this recreation area.
(2)
When no appropriate recreation sites are available within the mobile
home park, the Township may at its discretion accept a cash contribution
in lieu of the provision of recreation area. The cash payment shall
be in the following amounts:
|
Number of Dwelling Units
|
Payment
| |
|---|---|---|
|
Up to three dwelling units
|
$750 per unit
| |
|
Over three dwelling units
|
$2,000 per unit
|
(a)
For mobile home parks with less than five dwelling units making
a cash in lieu of recreational land contribution, the total fee shall
be paid by the owner or developer at the time of final plan approval
by the Board of Supervisors.
(b)
For mobile home parks with five or more dwelling units making
a cash in lieu of recreational land contribution, the total fee shall
be paid by the owner or developer at the time of final plan approval
by the Board of Supervisors.
I.
A mobile/manufactured home park may include a recreation
center for residents, a rental/management office, maintenance buildings
for the park and the sale of mobile/manufactured homes that will be
placed on the tract.
Within the GC Zone, mortuaries and crematoria
may be permitted by special exception, subject to the following criteria:
A.
Mortuaries and crematoria shall be proposed only on
lots with public sewage disposal facilities. On-lot sewage disposal
shall be strictly prohibited.
B.
The site shall consist of a minimum of two contiguous
acres.
C.
All parking areas shall be set back a minimum of 25
feet from all property lines and shall be screened from adjoining
lots and streets.
D.
One freestanding sign, complying with the requirements
for on-site signs for commercial establishments, shall be permitted.
E.
Access for the mortuary or crematorium shall be to
and from an arterial or collector street only. Direct access onto
local streets is expressly prohibited.
F.
The applicant shall demonstrate how compliance with
all federal, commonwealth, county, and Township regulations concerning
the conducting of such a business will be achieved. In particular,
but not limited thereto, the applicant shall provide a plan for handling
and disposal of biohazards and for controlling airborne particulate
matter and odors.
Within the I Zone, off-track betting parlors
may be permitted by special exception, subject to the following criteria:
A.
An off-track betting parlor shall not be permitted
to be located within 1,000 feet of any other off-track betting parlor;
B.
No off-track betting parlor shall be located within
1,000 feet of any residentially zoned land;
C.
No off-track betting parlor shall be located within
1,000 feet of any parcel of land which contains any one or more of
the following specified land uses:
D.
The distance between any two off-track betting parlors
shall be measured in a straight line, without regard to intervening
structures, from the closest points on the exterior parcel line of
each establishment;
E.
No more than one off-street betting parlor may be
located within one building or shopping center;
F.
The applicant shall furnish expert evidence that the
proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, light and/or litter;
G.
The applicant shall furnish expert evidence as to
how the use will be controlled so as not to constitute a nuisance
due to noise or loitering outside the building;
H.
A working plan for the cleanup of litter shall be
furnished and implemented by the applicant;
I.
Off-street parking shall be provided at the rate of
one space per each 65 square feet of gross floor area, including related
dining, restaurant, and snack bar areas; and
J.
Each off-track betting parlor shall comply with the
Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations
pertaining to non-primary locations, as defined therein.
Within all zones, personal care facilities may
be permitted by special exception, subject to the following criteria:
A.
Personal care facilities shall be proposed only on
lots with public water and public sewage disposal facilities; on-lot
water supply or sewage disposal shall be strictly prohibited;
B.
The site shall consist of at least two contiguous
acres;
C.
All parking areas shall be set back a minimum of 25
feet from all property lines and shall be screened from adjoining
lots and streets;
D.
Personal care facilities may erect one sign no larger
than 12 square feet per face which must be set back at least 10 feet
from all lot lines;
E.
At least 10% of required parking spaces shall be designed
for handicapped persons;
F.
The maximum permitted density of residents shall be
12 beds per acre; and
G.
The applicant shall obtain land development approvals
and an approval from the Commonwealth of Pennsylvania Licensing Agency.
Within the I Zone, principal waste handling
facilities (including transfer stations) may be permitted by special
exception, subject to the following criteria:
A.
All principal waste handling facilities for municipal
and residual wastes, as defined by the PADEP, shall be operated, or
designed to be operated, by a municipal authority;
B.
Any processing and/or treatment of waste (including
but not limited to incineration, composting, steaming, shredding,
compaction, material separation, refuse-derived fuel, pyrolysis, etc.)
shall be conducted within a wholly enclosed building;
C.
No waste shall be deposited, stored, or disposed of
and no building or structure shall be located within 200 feet of any
property line or within 500 feet of any residentially zoned property
or parcel on which a residence exists;
D.
Any external area used for the unloading, transfer,
storage, or deposition of waste must be completely screened from view
at the property line (the use of an earthen berm is encouraged where
practicable); in addition, such areas must also be completely enclosed
by an eight-foot-high fence, with no openings greater than two inches
in any dimension;
E.
The applicant must demonstrate compliance (through
a written statement) and continue to comply with all applicable commonwealth
and federal standards and regulations;
F.
The use shall be screened from all adjoining properties;
G.
All uses shall provide sufficiently long stacking
lanes on the site so that vehicles waiting to be weighed and/or unloaded
will not back up onto Township roads;
H.
All access drives on the site shall be completely
paved, except in the case of landfills where access drives are required
to be paved for a distance of at least 200 feet from the street right-of-way
line. In addition, if portions of on-site access drives are unpaved,
then a fifty-foot-long gravel section of driveway shall be placed
just beyond the preceding two-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's tires;
I.
Access to the site shall be limited to those posted
times when an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, all areas of the site shall be protected
by locked barricades, fences, gates, or other positive means designed
to deny access to the area at unauthorized times and locations;
J.
Litter control shall be exercised to prevent the scattering
of wind-borne debris, and a working plan for the cleanup of litter
shall be submitted to the Township;
K.
The unloading, processing, treatment, and disposal
of waste shall be continuously supervised by a qualified facility
operator;
L.
Any waste that is to be recycled shall be stored in
leak- and vector-proof containers. Such containers shall be designed
to prevent their being carried by wind or water. These containers
shall be stored within a completely enclosed building;
M.
All storage of waste shall be indoors in a manner
that is leak- and vector-proof. During normal operation, no more waste
shall be stored on the property than is needed to keep the facility
in constant operation, but in no event for more than 24 hours;
N.
A contingency plan for the disposal of waste during
a facility shutdown shall be submitted to the Township;
O.
Leachate from the waste shall be disposed of in compliance
with any applicable commonwealth and federal laws or regulations.
If leachate is to be discharged to a municipal sewage facility, pretreatment
shall be required and appropriate permits shall be obtained from the
applicable agencies and authorities. In no event shall leachate be
disposed of in a storm sewer, to the ground, or in any other manner
inconsistent with the PADEP's regulations;
P.
The applicant shall submit an analysis of raw water
needs (groundwater or surface water) from either private or public
sources, indicating quantity of water required. If the source is from
a municipal system, the applicant shall submit documentation that
the public authority will supply the water needed;
Q.
Water feasibility study.
(1)
In addition, if the facility is to rely upon nonpublic
sources of water, a water feasibility study shall be provided to enable
the Township to evaluate the impact of the proposed facility on the
groundwater supply and on existing wells. The purpose of the study
will be to determine if there is an adequate supply of water for the
proposed facility and to estimate the impact of the new facility on
existing wells in the immediate area. The water feasibility study
shall be reviewed by the Township Engineer, at the cost of the applicant;
(2)
A water system which does not provide an adequate
supply of water for the proposed facility, considering both quantity
and quality, or does not provide for adequate groundwater recharge,
considering the water withdrawn by the proposed facility, shall not
be approved by the Township; and
(3)
The water feasibility study shall include, at a minimum:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area with a radius of
at least one mile from the site;
(c)
The location of all existing and proposed wells
within 1,000 feet of the site, with a notation of the capacity of
all high-yield wells;
(d)
The location of all existing on-lot sewage disposal
systems within 1,000 feet of the site;
(e)
The location of all streams within 1,000 feet
of the site and all known point sources of pollution;
(f)
Based on the geologic formation(s) underlying
the site, the long-term safe yield shall be determined;
(g)
A determination of the effects of the proposed
water supply system on the quantity and quality of water in nearby
wells, streams, and the groundwater table; and
(h)
A statement of the qualifications, signature(s),
and professional seal(s) of the person(s) preparing the study. This
individual (these individuals) shall be qualified to perform such
studies in accordance with the directives of the Commonwealth of Pennsylvania,
Department of Professional and Occupational Affairs;
R.
The applicant shall provide a traffic analysis prepared
by a professional engineer with specific training in traffic engineering.
This study shall demonstrate the acceptability of the proposed methods
of traffic control and further that the capacities of existing roadways
and intersections will not be adversely impacted by the proposed development;
S.
A minimum one-hundred-foot wide landscape strip shall
be located along all property lines. No structures, storage, parking,
or any other related activity or operation shall be permitted within
this landscape strip. Any fences or other screening erected on the
site must not be located within this landscape strip;
T.
The applicant shall furnish expert testimony regarding
emergency preparedness measures provided and/or otherwise available
to respond to potential hazards regarding the spill of waste materials
during transport to and from the site and potential hazards regarding
fire fighting of waste materials upon the site; and
U.
No principal waste handling facility shall be located
within one mile of another principal waste handling facility, as measured
in a straight line between the closest points on the property lines.[1]
[1]
Editor's Note: Former Subsection V, regarding permitted hours
of ingress and egress for currently existing principal waste hauling
facilities in zones other than the Industrial Zoning District, added
10-12-2010 by Ord. No. 2010-9, and which immediately followed this
subsection, was repealed 12-13-2011 by Ord. No. 2011-7.
Within the A/RR and VR Zones, public and private
schools are permitted by special exception, subject to the following
criteria:
A.
All height, area, setback, and coverage standards
within the underlying zone shall apply;
B.
All off-street parking lots shall be set back a minimum
of 25 feet and shall be screened from all property lines;
C.
All buildings shall be set back at least 100 feet
from all property lines;
D.
If education or day-care is offered below the college
level, an outdoor play area shall be provided, at the rate of 65 square
feet per individual enrolled. Off-street parking lots shall not be
used as outdoor play areas. Outdoor play areas shall not be located
within the front yard and must be set back a minimum of 25 feet from
all property lines. Outdoor play areas shall be completely enclosed
by a minimum four-foot-high fence and screened from adjacent properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (e.g., poisonous, thorny, allergenic, etc.).
All outdoor play areas must provide a means of shade, such as shade
trees or pavilions;
E.
Enrollment shall be defined as the largest number
of students on the site at any one time during a seven-day period;
F.
Passenger drop-off and pickup areas shall be provided
and arranged so that students do not have to cross traffic lanes on
or adjacent to the site; and
G.
Accessory uses customarily incidental to the above
permitted uses.
Within the I Zone, recycling of paper, plastic,
glass and metal products may be permitted by special exception, subject
to the following criteria:
A.
All operations, including collection, shall be conducted
within a completely enclosed building;
B.
There shall be no outdoor storage of materials processed,
used, or generated by the operation;
C.
The applicant shall explain the scope of operation
and offer expert testimony regarding the measures used to mitigate
problems associated with noise, fumes, dust, and litter;
D.
The applicant will be required to assure regular maintenance
of the site to collect immediately stray debris; and
E.
The pertinent applicable criteria established in § 180-93 shall also apply to recycling facilities.[1]
[1]
Editor's Note: Former Subsection F, regarding permitted hours
of ingress and egress for permitted transfer stations in zones other
than the I Zoning District, added 10-12-2010 by Ord. No. 2010-9, and
which immediately followed this subsection, was repealed 12-13-2011
by Ord. No. 2011-7.
Within the A/RR Zone, restaurants may be permitted
by special exception, subject to the following conditions;
A.
Fast-food restaurants and/or nightclubs are expressly
prohibited.
B.
Restaurants shall be proposed only on lots with public
water and public sewage disposal facilities. On-lot water supply and
sewage disposal shall be strictly prohibited.
C.
The site shall consist of a minimum of two contiguous
acres.
D.
All parking areas shall be set back a minimum of 25
feet from all property lines and shall be screened from adjoining
lots and streets.
E.
One freestanding sign, not to exceed 12 square feet
per side, shall be permitted. Such sign shall be located not closer
than 20 feet to any adjoining property line nor closer than 10 feet
to any street right-of-way line.
F.
Access for the restaurant shall be to and from an
arterial or collector street only. Direct access onto local streets
is expressly prohibited.
G.
The maximum total floor area utilized for patron service
shall not exceed 2,500 square feet. This area shall be the maximum
total permitted floor area, comprised of the sum of areas accessible
to the general public, as well as any area set aside for private parties
or banquets.
H.
Carry-out service shall be permitted; however, drive-through
service is expressly prohibited. Where carry-out service is provided,
the floor area dedicated to such service shall not exceed 10% of the
floor area utilized for patron service.
[Added 11-10-2020 by Ord.
No. 2020-3]
A.
Overnight occupancy of a short-term rental shall be limited to no
more than two persons per bedroom plus two additional persons per
dwelling unit up to a maximum of 10 total persons.
B.
The maximum number of day guests allowed at any one time, in addition
to the overnight occupants, shall be 75% of the maximum overnight
occupancy of the short-term rental.
C.
The maximum number of bedrooms permitted for a short-term rental
is five.
D.
Outdoor parking for overnight and day guests shall be limited to
available parking areas on the short-term rental property. In no event
shall parking for short-term rental guests include spaces in any private,
community or public street right-of-way. Parking spaces shall be a
minimum of nine feet in width by 18 feet in length with adequate aisle
space to facilitate access and use. Any expansion of parking areas
for a short-term rental requires prior Township approval. Parking
areas shall be maintained in a mud-free condition with paving, stone
or similar material and shall count as part of the maximum lot coverage
limits as set forth in the Lehigh Township SALDO. Notwithstanding
the above, a short-term rental plan shall provide one parking space
per bedroom and one parking space for every two-day guests.
E.
Neither short-term rental occupants nor guests shall engage in disorderly
conduct or disturb the peace and quiet of any nearby neighborhood
or person by loud, unusual or excessive noise, by tumultuous or offensive
conduct, public indecency, threatening, traducing, quarreling, challenging
to fight, or fighting, or creating a dangerous or physically offensive
condition without good reason.
F.
The owner shall use best efforts to assure that the occupants or
guests of the short-term rental do not create unreasonable noise or
disturbances, engage in disorderly conduct, or otherwise violate provisions
of the Lehigh Township Code of Ordinances or any state law pertaining
to noise or disorderly conduct including, but not limited to, notifying
the occupants of the rules regarding short-term rentals and responding
when notified that occupants are violating laws, ordinances or regulations
regarding their occupancy.
G.
The owner shall, upon notification that occupants or guests of the
short-term rental have created unreasonable noise or disturbances,
engaged in disorderly conduct or otherwise violated provisions of
the Lehigh Township Code ordinances or state law pertaining to noise
or disorderly conduct, promptly use best efforts to prevent a recurrence
of such conduct by those occupants or guests.
H.
Overnight occupancy of recreational vehicles, camper trailers and
tents at the property where the short-term rental is located is prohibited.
Outdoor overnight sleeping of occupants or guests of the short-term
rental is prohibited.
I.
All short-term rentals shall have a clearly visible and legible notice
posted within the dwelling unit on or adjacent to the front door containing
the following information:
(1)
The name of the managing agency, agent, property manager, local
contact or owner of the unit and a telephone number at which that
party can be reached on a twenty-four-hour basis.
(2)
The 911 address of the property.
(3)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(4)
The maximum number of all vehicles allowed to be parked on the
property and the requirement that all guest parking must be on the
property and not in or along any private, community or public street
right-of-way.
(5)
The trash pick-up day and notification that trash and refuse
shall not be left or stored on the exterior of the property except
in water-tight metal or plastic cans from 6:00 p.m. of the day prior
to trash pickup to 6:00 p.m. on the day designated for trash pick-up.
(6)
Notification that an occupant or guest may be cited and fined
for creating a disturbance or for violating other provisions of the
Lehigh Township Code of Ordinances, including parking and occupancy
limits.
(7)
Notification that short-term rental occupants and guests are
required to make the dwelling unit available for inspection by the
Zoning Officer upon request.
J.
All short-term rentals shall be equipped with the following:
(1)
Smoke detectors in each bedroom;
(2)
Smoke detectors outside each bedroom in common hallways;
(3)
Smoke detectors on each floor;
(4)
All smoke detectors must be hard wired.
(5)
GFI outlets for outlets located within six feet of water source;
(6)
Aluminum or metal exhaust from dryer;
(7)
Carbon monoxide detector, if open flame (oil or gas), furnace,
gas or wood fireplace, or wood-burning stove;
(8)
Carbon monoxide detector if garage is attached;
(9)
Fire extinguisher in kitchen and one fire extinguisher on each
floor and one in each bedroom;
(10)
Stairs (indoor and outdoor) in good condition;
(11)
Covers on all outlets;
(12)
All bedrooms shall have a direct means of ingress and egress;
and
(13)
Any other occupancy requirements which may be added by ordinance
revision.
K.
All short-term rentals shall have a fully functional septic system
which shall be "pumped out" once per year. Written verification to
be provided each year to the zoning officer.
L.
There shall be no visible signage in any public or private right-of-way.
M.
Fees, term and renewal.
(1)
Short-term rental license fees, payable to the Township upon
the filing of a short-term rental license application, shall be in
such amount as may be established by resolution duly adopted by the
Board of Supervisors.
(2)
Any short-term rental license is good for a period not to exceed
one year from the date of issuance and must be renewed annually. Short-term
rental license renewal fees, payable to the Township upon the filing
of a short-term rental license renewal application, shall be in such
amount as maybe established by resolution duly adopted by the Board
of Supervisors.
N.
Inspections required.
(1)
All short-term rentals shall be subject to inspection by the
Zoning Officer and the Building Code Official to verify application
information, license, license renewal and/or operating requirements.
(2)
If there is reason to believe that any provision of this chapter
is being violated, the Zoning Officer, upon one-half-hour prior notice
to Owner, may enter onto the premises for the purpose of inspection
of any and all premises, properties, buildings and/or structures located
at the premises in order to ascertain the existence of a violation(s).
Said notice may be given by telephone call, voice message or email
to the owner.
Within the GC Zone, shopping centers or malls
may be permitted by special exception, subject to the following criteria:
A.
The subject property shall front on an arterial or
collector road, and all access drives shall be set back at least 200
feet from the intersection of all street right-of-way lines.
B.
The minimum lot size shall be three acres.
C.
The minimum lot width shall be 200 feet.
D.
The maximum permitted lot coverage shall be 70%.
E.
A minimum of 5.5 off-street parking spaces shall be
provided for each 1,000 square feet of gross leasable floor area.
F.
Both public water and public sewer service shall be
provided.
G.
A traffic study prepared by a professional engineer
with specific training in traffic engineering shall be submitted.
This study shall demonstrate the acceptability of the proposed method
of traffic control and further that the capacities of existing roadways
and intersections will not be adversely impacted.
Within the GC Zone, skilled nursing facilities
may be permitted by special exception, subject to the following criteria:
A.
Skilled nursing facilities shall be proposed only
on lots with public water and public sewage disposal facilities; on-lot
water supply or sewage disposal shall be strictly prohibited;
B.
The site shall consist of at least two contiguous
acres;
C.
All parking areas shall be set back a minimum of 25
feet from all property lines and shall be screened from adjoining
lots and streets;
D.
A skilled nursing facility may erect one sign no larger
than 12 square feet per face which must be set back at least 10 feet
from all lot lines;
E.
At least 10% of required parking spaces shall be designed
for handicapped persons;
F.
The maximum permitted density of residents shall be
12 beds per acre; and
G.
The applicant shall obtain land development approvals
and an approval from the Commonwealth of Pennsylvania Licensing Agency.
Within the I Zone, slaughtering, processing,
rendering and packaging of food products and their by-products may
be permitted by special exception, subject to the following criteria:
A.
Minimum lot area shall be five acres;
B.
The subject site shall have direct access to a collector
or arterial road;
C.
Public sewer and water supplies shall be utilized;
D.
All aspects of the slaughtering, processing, rendering,
and/or packaging operations, excepting the unloading and holding of
live animals, shall be conducted within a completely enclosed building;
E.
All live animals held outside shall be within secure
holding pens or runways, sufficiently large to accommodate all animals
without crowding, and not located within the front yard;
F.
The applicant shall furnish a working plan for the
recovery of escaped animals which minimizes the potential for animals
to enter traffic or cross property lines and which shall be continuously
implemented;
G.
All animal wastes shall be regularly cleaned up and
properly disposed of so as not to be objectionable at the site's property
lines;
H.
The unloading of live animals from trucks into holding
pens and their movement into the plant shall be continuously supervised
by a qualified operator, whose responsibility it shall also be to
immediately identify and appropriately dispatch any obviously ill
or injured animals;
I.
The unloading of live animals and their movement into
the plant shall be conducted in an orderly and calm manner so as to
minimize noise levels;
J.
The loading and unloading of trucks shall be restricted
to the hours between 8:00 a.m. and 8:00 p.m.;
K.
No exterior animal holding pens and/or areas devoted
to loading/unloading of animals shall be located within 200 feet or
any property line nor within 500 feet of any land within a residential
zone or upon which a residence exists;
L.
All animal holding pens and/or areas used for the
loading/unloading of animals shall be screened from all adjoining
properties and shall include a minimum fifty-foot landscape strip;
M.
Sewer and water lines shall not meet within or beneath
the plant and shall further be designed and installed to minimize
the potential for leakage and contamination by maximizing the separation
distance between lines and laying sewer lines at a greater depth than
water lines;
N.
Where wastewater pretreatment is required by the EPA
or PADEP or Township authority, wastewater shall be kept completely
covered at all times to reduce the potential for release of odors.
In no event shall wastewater be disposed of in a storm sewer, to the
ground, or in any other manner inconsistent with PADEP regulations;
O.
All unusable animal by-products shall be stored indoors
in leak- and vector-proof containers. In the case of slaughtering
or processing operations which do not do their own rendering, the
applicant shall provide evidence of a written contract with a rendering
operation for the daily removal of such waste products. In no case
shall any waste products remain on the site for more than 24 hours;
P.
The applicant must demonstrate written compliance
with, and continue to comply with, all applicable Township, commonwealth,
and federal standards and regulations;
Q.
The use shall provide sufficiently long on-site stacking
lanes and on-site loading/unloading areas so that trucks waiting to
be loaded/unloaded will not back up onto Township roads. No parking
or loading/unloading shall be permitted on or along any Township road;
R.
Access.
(1)
Vehicular access shall be arranged so as to minimize
danger and congestion along adjoining roads and to avoid the creation
of nuisances to nearby properties. Access drives used by trucks shall
only intersect with collector or arterial roads;
(2)
All access drives shall be designed and located so
as to permit the following minimum sight distances measured from a
point at least 10 feet behind the curbline or edge of shoulder of
an intersecting public street. No sight obstructions shall be permitted
which are greater than two feet or less than 10 feet above the street
surface;
|
Speed Limitation on Public Street
(miles per hour)
|
Required Sight Distance
(feet)
| |
|---|---|---|
|
25
|
240
| |
|
30
|
275
| |
|
35
|
315
| |
|
40
|
350
| |
|
45
|
425
| |
|
50
|
475
| |
|
55
|
550
|
S.
All access drives onto the site shall have a paved
minimum cartway 35 feet wide for a distance of at least 200 feet from
the street right-of-way. In addition, if portions of on-site access
drives are unpaved, then a fifty-foot-long gravel section of driveway
shall be placed just beyond the preceding two-hundred-foot paved section
to help collect any mud that may have attached to a vehicle's tires;
and
T.
The applicant shall furnish a traffic study prepared
by a professional engineer with specific training in traffic engineering.
This study shall demonstrate the acceptability of the proposed methods
of traffic control and further that the capacities of existing roadways
and intersections will not be adversely impacted by the development.
Within the A/RR and BMC Zones, stables and kennels
are permitted by special exception, subject to the following criteria:
A.
Minimum lot area shall be 10 acres for stables and
two acres for kennels;
B.
Any structure used for the boarding of horses and/or
dogs shall be set back at least 200 feet from any property line;
C.
All stables and kennels shall be maintained so as
to minimize odors perceptible at the property line;
D.
All outdoor training, show, riding, boarding, running,
or pasture areas shall be enclosed by a minimum four-foot-high fence
which is located at least 10 feet from all property lines; and
E.
All parking compounds and unimproved overflow parking
areas shall be set back at least 10 feet from adjoining lot lines.
Unimproved overflow parking areas shall also provide a fence delineating
such occasional parking facilities and preventing parking and/or movement
of vehicles across neighboring properties.
Within the A/RR Zone, temporary farm employee
housing shall be permitted by special exception, subject to the following
standards:
A.
For each farm, one mobile home is permitted for the
use of farm workers (and their families) who are employed by the owner
of the farm, for such time as the employee works the land of the owner.
B.
Such unit shall be located within the rear yard of
the farm dwelling and shall further comply with all setback requirements
imposed on single-family detached dwellings.
C.
Such mobile home shall be securely anchored to a mobile
home stand, a six-inch-thick poured concrete slab over a six-inch
stone base, the length and width of which shall be at least equal
to the dimensions of the mobile home.
D.
Utilities.
(1)
For sewage disposal and water supply and all
other utilities, the mobile home shall be physically connected to
those systems serving the principal dwelling. No separate utility
systems or connections shall be constructed or used. All connections
shall meet the applicable utility company standards.
(2)
If on-site sewer or water systems are to be
used, the applicant shall submit evidence to the Zoning Hearing Board
showing that the total number of occupants (or bedrooms as applicable)
in both the principal dwelling and the mobile home will not exceed
the maximum capacities for which the one-unit systems were designed,
unless those systems are to be expanded, in which case the expansion
approvals shall be submitted. Any connection, or addition, to an existing
on-lot sewage disposal system shall be subject to the review and approval
of the Township Sewage Enforcement Officer.
E.
The mobile home shall be occupied at least 120 days
a year by at least one person who is employed on the farm where the
mobile home is located. If this condition is not satisfied, the mobile
home shall be removed within 120 days.
Within the I Zone, truck or motor freight terminals
may be permitted by special exception, subject to the following criteria:
A.
Access shall be directly to a collector or arterial
road; and
B.
The applicant shall furnish a traffic study prepared
by a professional engineer with specific training in traffic engineering.
This study shall demonstrate the acceptability of the proposed methods
of traffic control and further that the capacities of existing roadways
and intersections will not be adversely impacted by the proposed facility.
Within the I Zone, truck stops may be permitted
by special exception, subject to the following criteria:
A.
The subject property shall have a minimum of 300 feet
of road frontage along a collector or arterial road.
B.
The subject property shall be located no closer than
500 feet to any residential zone and/or property containing a day-care
facility, hospital, library, personal care facility, medical residential
campus, park, playground, residence, school, or skilled nursing facility.
C.
All structures (including but not limited to air compressors,
fuel pump islands, kiosks, etc.) shall be set back at least 50 feet
from all street right-of-way lines.
D.
Access drives shall be a minimum of 28 feet and a
maximum of 35 feet wide. All access drives onto the same road shall
be separated at least 150 feet from one another, as measured from
the closest points of the cartway edges.
E.
Off-street parking shall be provided at a rate equal
to that required for each of the respective uses comprising the truck
stop. The applicant shall also present credible evidence that the
number of oversized off-street parking spaces provided for trucks
will be adequate to accommodate the expected demand generated by truck
patrons. Any gates or other barriers used at the entrance to parking
areas shall be set back and arranged to prevent vehicle backups onto
adjoining roads during peak travel periods.
F.
Trash receptacles shall be provided amid off-street
parking areas which shall be routinely emptied. Furthermore, a working
plan for the regular cleanup of litter shall be furnished and continuously
implemented by the applicant.
G.
All uses involving drive-through restaurant and/or
drive-through vehicle services and/or washing shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
H.
All vehicle service and/or repair activities shall
be conducted within a completely enclosed building. No outdoor storage
of parts, equipment, lubricants, fuels, or other materials used or
discarded in any service or repair operation shall be permitted.
I.
The outdoor storage of unlicensed vehicles is prohibited.
J.
All vehicles and machinery shall be repaired and removed
from the premises promptly.
K.
The demolition or junking of vehicles and machinery
is prohibited. Demolished vehicles and/or parts thereof shall be removed
within two weeks after arrival.
L.
Any exterior public address system shall be designed
and operated so that the audible levels of any messages conveyed over
the system will not exceed the ambient noise levels of the use, as
measured at each of the property lines.
M.
The applicant shall submit a traffic study prepared
by a professional engineer with specific training in traffic engineering.
This study shall demonstrate the acceptability of the proposed methods
of traffic control and further that the capacities of existing roadways
and intersections will not be adversely impacted by the proposed development.
N.
The applicant shall furnish evidence that the storage
and disposal of materials and wastes will be accomplished in a manner
that complies with all applicable commonwealth and federal regulations.
Trucks and other commercial vehicular equipment
over 7,000 pounds' gross vehicle weight (GVW) are prohibited in all
residential zoning districts, except when located in a garage or a
fully enclosed structure or in such a manner as not to be visible
from adjacent rights-of-way or from the windows of structures on adjacent
residential lots. Vehicles to be parked or stored must be owned or
legally controlled by the residents or occupants of the principal
use. Small pickup trucks and/or vans are excluded from this requirement.
[Amended 3-13-2018 by Ord. No. 2018-3]
Within the I Zone, warehousing and wholesale
trade establishments may be permitted by conditional use, subject
to the following criteria:
A.
The applicant shall provide a detailed description
of the proposed use which addresses each of the following topics:
(1)
The nature of the on-site activities and operations,
the types of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with commonwealth and federal regulations;
(2)
The general scale of the operation, in terms
of its market area, specific floor space requirements for each activity,
the total number of employees on each shift, and an overall needed
site size; and
(3)
Any environmental impacts that are likely to
be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration,
electrical disturbances, wastewater, stormwater, solid waste, etc.)
and specific measures employed to mitigate or eliminate any negative
impacts. The applicant shall further furnish evidence that the impacts
generated by the proposed use fall within acceptable levels, as regulated
by applicable laws and ordinances.
B.
The applicant shall provide a traffic study prepared
by a professional engineer with specific training in traffic engineering.
This study shall demonstrate the acceptability of the proposed methods
of traffic control and further that the capacities of existing roadways
and intersections will not be adversely impacted by the proposed development.
C.
Additional criteria.
(1)
The maximum building height shall be 44 feet.
(2)
The total maximum lot coverage is as follows: 75%.
(3)
A one-hundred-foot-wide raised berm buffer yard shall be constructed in the front yard of any warehouse along the entire length of the property line. The two side yards shall meet and comply with the buffering requirements of § 180-33.
(4)
The buffer yards shall be measured from the building lot line
of the proposed warehouse.
(5)
The buffer yard shall be landscaped with vegetative ground cover
and evergreen and deciduous trees, flowering trees, and shrubs.
(6)
The buffer yard shall be a landscape area free of roads, sidewalks,
driveways, parking lots, storage, buildings and structures of any
kind, except for emergency access roads or pathways and/or sidewalks
or drainage and/or utility facilities as may be required by Township
ordinances or fire or safety regulations and/or as may be required
and/or approved by the Board of Supervisors.
(7)
The raised berm in the buffer yard may be undulating but shall
have an average height of 14 feet or as otherwise approved by the
Board of Supervisors during the site plan or land development plan
review and/or conditional use hearing process. For property frontages
abutting arterial and/or collector roads, this requirement shall be
reduced to an average height of four feet.
(8)
Minimum tree requirements.
(b)
This landscaping shall be provided in addition to any landscaping required by other Township regulations, except those required specifically as a buffer screen as set forth in § 180-33.
(c)
The plants shall be arranged on berms to provide a visual barrier
of any nonresidential use. A minimum of 1/2 of the shrubbery and flowering
trees should be planted on the residential side of the berm.
(d)
The height of evergreen trees shall be a minimum of eight feet
at the time of planting measured from the finished grade. The average
size of deciduous trees shall be a minimum of two-inch caliper measured
three feet above the finished grade, and deciduous trees shall also
have a minimum height of 12 feet at the time of planting. Flowering
trees shall be a minimum of seven feet high at the time of planting.
Shrubs shall be a minimum of 30 inches in height at the time of planting.
(e)
Berms within the buffer yards shall have a minimum slope of
3:1.
(10)
The applicant shall demonstrate the development will not exceed the noise restrictions criteria forth in zoning § 180-49.
(11)
The time of deliveries, hours of operation and all other activities
are to be conducted on site and shall be provided to the Township
with the submission of the conditional use application.
(12)
Any drone operations shall be set forth in the conditional use
application and shall be limited to 7:00 a.m. to 9:00 p.m. but not
after sunset.
(13)
Off-street parking and loading shall be provided as required by § 180-37 of this chapter; however, the Board of Supervisors shall have the discretion to impose additional conditions to ensure all staging and/or queuing occurs within the lot.
(14)
Truck access and operations shall not conflict with the convenience
and safety of all the traffic and parking.
(15)
Trash, garbage, refuse, explosive or flammable materials, hazardous
substances, animals, animal carcasses or skins, or similar items shall
not be stored.
(17)
Access shall be to a collector or arterial roadway, built to
Township standards and connected to the nearest collector or arterial
built to those standards.
(20)
Off-street parking, loading spaces, staging spaces and docks
required.
(a)
Off Street parking: 1.2 parking spaces for every one employee
at peak periods of operation.
(b)
Number of staging spaces: two ten-foot-by-eighty-foot truck
"staging" spaces for every one loading/dock.
(c)
Number of loading spaces. There shall be one loading space for
every dock.
(d)
Number of docks. The number of docks shall be determined by
the following calculation:
|
Number of trucks per hour x turnaround time per truck = number
of required docks.
|
[1]
The number of docks determined by the above formula
shall be rounded up to the next whole number, and the applicant shall
demonstrate how peak delivery hours will affect this calculation.
[2]
By way of example: 36 trucks are required to be
serviced within an eight-hour period (standard workday), each requiring
45 minutes to service. This equates to 4.5 trucks per hour x 0.75
hour per truck = 3.375 docks required, rounded up to four docks.
(21)
Snow designation area/removal. Applicant shall comply with § 180-52I. The designated snow area shall not include any parking space that is required for the site per the Zoning Ordinance.
(22)
When permitted as a conditional use, the applicant shall provide
a detailed description of the proposed use in each of the following
topics:
(a)
The nature of the on-site activities and operations, the types
of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
(b)
The general scale of the operation, in terms of its market area,
specific floor space requirements for each activity, the total number
of employees on each shift, and an overall needed site size.
(c)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinances.
(d)
The applicant shall present credible evidence that the number
of "oversized" off-street parking spaces provided for trucks will
be adequate to accommodate the expected demand generated by the warehouse
activities.
(e)
A traffic study prepared by a professional traffic engineer,
licensed in the State of Pennsylvania.
Within the I Zone, wholesale produce and tobacco
auctions may be permitted by special exception, subject to the following
criteria:
A.
No part of the subject property shall be within 200
feet of any residentially zoned property or any property on which
a residence exists;
B.
All access drives onto the site shall be paved for
a distance of at least 200 feet from the street right-of-way line.
In addition, a fifty-foot-long gravel section of driveway shall be
placed just beyond the preceding two-hundred-foot paved section to
help collect any mud that may have attached to a vehicle's tires;
C.
The operator of the produce and/or tobacco auction
shall be responsible for removing any mud from public roads caused
by persons traveling to and from the auction;
D.
The applicant shall be required to provide sufficient
off-street parking and loading so as not to require such parking or
loading on or along any road or upon adjoining property. If at any
time after the opening of the facility the Supervisors determine that
parking, loading or traffic backups are occurring on adjoining roads
and such are directly related to the lack of on-site facilities on
the subject property, the Supervisors can require the applicant to
revise and/or provide additional on-site parking and/or loading space.
In addition, the Supervisors may require an unimproved grassed overflow
parking area to be provided for peak use periods. Such overflow parking
areas shall be accessible only from the interior driveways of the
permanent parking lot. Overflow parking areas shall contain fencing
to prevent vehicles from crossing adjoining properties or directly
accessing adjoining roads;
E.
The applicant shall furnish expert evidence that the
proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, noise, light, litter, dust, and/or pollution;
F.
The proposed use shall front on, and directly access,
a collector or arterial road;
G.
Soil erosion, sedimentation and stormwater runoff
shall be controlled in accordance with all applicable laws and regulations;
H.
The applicant shall submit and continuously implement
a working plan for the cleanup of litter and other debris; and
I.
The applicant shall submit a traffic study performed
by a professional engineer with specific training in traffic engineering.
This study shall demonstrate the acceptability of the proposed methods
of traffic control and further that the capacities of existing roadways
and intersections will not be adversely impacted by the proposed development.
[Added 10-23-2012 by Ord. No. 2012-2[1]]
A.
New principal solar energy systems, or any upgrades, modification,
or structural changes that alters the size or placement of an existing
solar energy system, shall comply with the provisions of this section;
B.
A principal solar energy system shall be a conditional use in any zoning district and subject to specific criteria as set forth in Subsection D below.
C.
A principal solar energy system shall be a conditional use in any zoning district as a principal use herein, subject to the specific criteria listed below in Subsection D. If a facility is classified and defined as a "principal solar energy production facility," it shall be deemed a principal use.
D.
Principal solar energy system criteria.
(1)
A solar energy system may be roof mounted or ground mounted.
(2)
Roof-mounted solar energy systems.
(a)
In no instance shall any part of a roof-mounted solar energy
system extend beyond the edge of the roof.
(b)
The solar panels shall not exceed the height of the roofline
on a pitched roof. On a flat roof, the solar panels shall be angled
such that they are not more than three feet above the roofline, and
the height of the solar panels shall not exceed the height requirements
for the nonresidential or residential zoning district in which the
solar energy system is located.
(c)
For any solar panel to be constructed on the rooftop of a new
building or structure, the applicant must demonstrate that the solar
panels are not visible from the ground level of any neighboring property
within 500 feet of the nearest proposed rooftop solar panel.
(3)
Ground array solar energy systems.
(a)
Ground arrays shall not exceed a height of 15 feet above the
ground.
(b)
Ground arrays are subject to a setback distance of no less than
20 feet from the front, rear or side yards or from the setback distance
prescribed for any structure for the zoning district in which the
ground array is to be constructed, whichever is greater.
(c)
All ground arrays shall be enclosed with fencing in order to
provide for the security and safety of the solar energy system and
the public.
(d)
The applicant must make reasonable provisions for emergency
lighting for purposes of security and safety. The ground array shall
not be artificially lighted for any other purpose.
(e)
The surface of a ground-mounted solar energy panel(s), regardless
of the mounted angle, shall be calculated as part of the overall lot
coverage and be deemed impervious coverage. Impervious coverage shall
be determined by calculating the total square footage area of all
combined solar collector panels or the total square footage area of
all combined footprint bases of the solar collector panels. Whichever
calculation produces the greater square footage area shall be the
impervious coverage area.
(f)
All ground-mounted solar energy mechanical equipment shall be screened from any adjacent property that is used for residential purposes. The screen shall consist of shrubbery, trees or other noninvasive plant species as set forth in § 180-33 to provide a visual screen from any adjacent property that is zoned or used for residential and/or commercial purposes. The screening shall be placed within the line-of-sight distance from adjacent properties. If the panels are fixed, screening shall be to the base of the panel for the side facing the sun. The remaining sides shall be fully screened. If the panels rotate with the sun, the panels shall be screened to the base of the panel in all rotational directions. The other sides shall be fully screened. Screening shall not be located in the utility easement area. There shall not be a display of advertising except for the reasonable identification of the panel, inverter or other equipment manufacturer.
(g)
If a ground-mounted solar energy system is removed, any earth
disturbance as a result of the removal shall be graded and reseeded.
(h)
If a ground-mounted solar energy system is defective or deemed
unsafe by the Building Code Official, the solar energy system shall
be repaired by the owner to meet the then current federal, state and
local safety standards. Alternatively, the solar energy system shall
be removed by the property owner within the time period allowed by
the Building Code Official. If the owner fails to remove or repair
the defective and/or abandoned solar energy system, the Township may
pursue legal action to have the system removed at the owner's expense.
(4)
Requirements applicable to rooftop solar energy systems and
ground array solar energy systems.
(a)
Any glare from a solar panel shall be directed away from an
adjoining property.
(b)
The installation of a solar energy system shall conform, to
the extent applicable, to the Pennsylvania Uniform Construction Code,
regulations, if any, adopted by the Pennsylvania Department Labor
and Industry, and to applicable industry standards, including those
of the American National Standards Institute. Manufacturer's data
and certificates of design compliance shall be submitted with the
land development plan.
(c)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
(d)
The applicant shall demonstrate that reasonable efforts have
been taken to avoid any disruption, interference with, or loss of
radio, telephone, television or similar signals and shall mitigate
any such harm caused by the nonresidential solar energy system.
(5)
Decommissioning of the ground array solar energy system.
(a)
The facility owner and/or operator of a ground array solar energy
system shall, at its expense, complete decommissioning of the facility
within six months after the facility is abandoned or at the end of
its useful life. Such a facility will be presumed to be abandoned
or at the end of its useful life if no electricity is generated for
a continuous period of 12 months.
(b)
Decommissioning shall include the removal of the ground array
solar energy system and any other associated facilities and the cleaning
and restoration of the site.
(c)
If the decommissioning has not been completed within said six-month
period, then the Township shall give written notice, to the landowner
and/or facility owner and operator, to accomplish the decommissioning
within 30 days.
(d)
If the decommissioning has not been completed within 30 days
of said written notice by the Township, then the Township may accomplish
said decommissioning and charge the landowner and/or facility owner
and operator for all the costs and expenses, including reasonable
attorney's fees for collection.
[Added 8-28-2018 by Ord.
No. 2018-6]
A.
Oil and gas meter/gathering facility (minor).
(1)
Zoning permit application required.
(2)
Grading plan required.
(3)
Compliance with all applicable state and federal law.
(4)
Fencing: J barriers and site orientation required.
(5)
Signage: Include a description of the proposed signage. Approval
of signage by emergency services. Applicant to comply with all applicable
Township ordinances.
(6)
Emergency response plan; Township Police Department, fire personnel,
EMS approval and sign off required. Applicant to provide training
to local departments.
B.
Oil and gas meter/gathering facility (major).
(1)
Zoning permit application: to include a project narrative, construction
start/stop dates, a site plan and any additional requirements by law.
(2)
Land development plan.
(3)
Compliance with all applicable state and federal law.
(5)
Fencing: eight-foot chain link fence, concrete footers, color/screening
(green, brown, tan, black), J - barriers, site orientation.
(6)
Signage: description of proposed signage, emergency services
review and approval; compliance with any and all Township ordinances.
(7)
Lighting: a description of the proposed lighting provided on
the plan; compliance with Township ordinances.
C.
Oil and gas pipelines.
(1)
Zoning permit application: to include a project narrative, construction
start/stop dates, a site plan and any additional requirements by law.
(2)
Compliance with all applicable state and federal laws.
(3)
Truck routes: road use plan, demonstrating minimal impact to
local roads, overweight vehicles prohibited unless road is properly
bonded.
D.
Oil and gas compressor station.
(1)
Zoning permit application: to include a project narrative, construction
start/stop dates, a site plan, site address assigned, and any additional
requirements by law.
(2)
Land development plan.
(3)
Compliance with all applicable state and federal laws.
(6)
Fencing: eight-foot chain link fence, concrete footers, color/screening
(green, brown, tan, black), gated facility, J-barriers.
(9)
Signage: description of proposed signage, emergency services
review and approval; compliance with any and all Township ordinances.
(10)
Lighting: a description of the proposed lighting; compliance
with Township ordinances.
(13)
Operating times: limit days/hours of operations.
E.
Oil and gas processing facility.
(1)
Zoning permit application: to include a project narrative, construction
start/stop dates, a site plan, site address assigned, and any additional
requirements by law.
(2)
Land development plan.
(3)
Compliance with all applicable state and federal laws.
(6)
Fencing: eight-foot chain link fence, concrete footers, color/screening
(green, brown, tan, black), gated facilities, J - barriers.
(9)
Signage: description of proposed signage, emergency services
review and approval; compliance with any and all Township ordinances.
(10)
Lighting: a description of the proposed lighting; compliance
with Township ordinances.
(13)
Operating times: limit days/hours of operations.
F.
Oil and gas well.
(1)
Zoning permit application: to include a project narrative, construction
start/stop dates, a site plan, site address assigned, and any additional
requirements by law.
(2)
Land development plan.
(3)
Compliance with all applicable state and federal laws.
(6)
Fencing: gated facility.
(9)
Signage: description of proposed signage, emergency services
review and approval; compliance with any and all Township ordinances.
(11)
Operating times: limit days/hours of operations.
G.
Water impoundments:
(1)
Zoning permit application: to include a project narrative, construction
start/stop dates, a site plan, site address assigned, and any additional
requirements by law.
(2)
Land development plan.
(3)
Compliance with state and federal law.
(6)
Fencing: eight-foot chain link fence, concrete footers, color/screening
(green, brown, tan, black); gated facility.
(9)
Signage: description of proposed signage, emergency services
review and approval; compliance with any and all Township ordinances.
(11)
Operating times: limit days/hours of operations.
H.
Oil and gas compressor stations specific requirements. A company
shall obtain the permits required by this section, which are in addition
to, and are not in lieu of, any permit that may be required by any
other governmental or regulating agency. The company must adhere to
the following regulations:
(1)
Building permits, zoning certificates and certificates of occupancy.
Building permits, zoning certificates and certificates of occupancy,
where applicable, shall be obtained from the Township Zoning Officer
and applications must include:
(a)
A description of proposed site or modification to an existing
site with identification whether the site is located in a wetland
or floodplain; anticipated construction start and completion date;
(b)
A plot plan of the site showing: a clearly marked scale, all
property lines, all buildings, water wells, water sources and rights-of-way;
(c)
Applicant shall apply for a Township-assigned address at the
time of building permit application;
(d)
Any and all additional requirements that may be modified or
added by subsequent ordinance or required by state and/or federal
laws.
(2)
Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Township Zoning Ordinance prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.
(3)
State and federal compliance. The applicant shall comply with
all applicable state and federal regulations and shall show evidence
of obtaining the required state and/or federal permits, including
proof of insurability, before initiating any work and maintaining
the required permits throughout the duration of all operations. The
applicant shall notify the Township immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension or revocation the Township-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached.
(4)
Setbacks. The following minimum setback distances must be adhered
to:
(a)
The minimum distance to any protected use shall be 1,000 feet;
(b)
The minimum distance to any public or private school shall be
2,500 feet;
(c)
A setback reduction approval may be authorized by the Lehigh
Township Board of Supervisors as part of the conditional use approval
process, provided that the applicant can submit compelling evidence
that such a reduction is absolutely necessary and will not be detrimental
to the purposes of this chapter;
(d)
All aboveground equipment including compressor engines and any
structure in which they are enclosed must be set back a minimum of
100 feet from any adjacent property lines or rights-of-way.
(5)
Screening and landscaping. The standards in § 180-33 shall be determined during the conditional use hearing.
(6)
Fence standards. A secured entrance gate on the access road
shall be required and all gates are to be kept locked when the operator
or its employees are not on the premises. All storage tanks, separation
facilities, or other mechanical or production equipment on the operation
site shall be completely enclosed by a permanent chain link fence.
Standards for the chain link fence and secured gate are as follows:
(a)
The chain link fence shall be at least eight feet in height;
(b)
Support posts shall be set in concrete and shall be imbedded
into the ground to a depth sufficient to maintain the stability of
the fence;
(c)
The chain link shall be dark green or black steel wire;
(d)
The chain link fence shall have, at a minimum, 11 gauge thickness;
(e)
Posts and rails shall be black or dark green standard socket
construction or similar design;
(f)
Tension rods shall be 3/8 inch round steel bolt stock. Adjustable
tighteners shall be turnbuckle or equivalent having a six-inch minimum
take-up. Tension bars shall have minimum thickness of 1/4 inch by
3/4 inch;
(g)
All chain link fences shall be equipped with at least two gates.
At least one of the gates shall meet the following specifications:
[1]
The gates shall be of black or dark green chain
link construction that meets the applicable specifications, or of
other approved material that, for safety reasons, shall be at least
as secure as the chain link fence;
[2]
Fence screening. Fencing shall be equipped with
interlocking opaque slats, mesh, or other screening material approved
by Township. Color of materials shall be uniform and complementary
to the color of the fence and painted equipment. Approved colors shall
include, but not be limited to, green, brown, tan, and black.
(7)
Engines. Compressors and other power-driven equipment shall
utilize sparkless electric motors, when practicable, as an alternative
to internal-combustion engines, unless the applicant can demonstrate
that the alternative engines are not inconsistent with the objectives
of any Township ordinance. All electrical installations and equipment
shall conform to Township ordinances and the applicable national codes.
(8)
Access roads. Access to any facility shall be arranged to minimize
danger to traffic, nuisance to surrounding properties and to maintain
the integrity of Township roads. The following standards apply:
(a)
Any newly established private easements/roadways constructed
on the parcel containing the facility shall be located at least 50
feet from any property line unless written consent is obtained from
the adjoining property owner(s).
(b)
The access road to the facility, beginning with its intersection
with a Township road, shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
would reasonably minimize water, sediment or debris carried onto any
public road. If the access road or accessway is less than 200 feet
in length, the entire access road or accessway shall meet these conditions.
This shall be in place prior to the commencement of any facility operations.
(c)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
(9)
Truck routes. The applicant shall submit a road use plan showing
the proposed routes of all trucks to be utilized for hauling equipment,
supplies and the like and the estimated weights of those trucks and
the estimated number of trucks entering and exiting the facility on
a daily basis, as well as keep a record/log of actual use which may
be requested from time to time by the Board of Supervisors. In conjunction
with the Township, applicant shall design the hauling routes to and
from the facility to minimize the impact on local roads. At no time
shall any overweight vehicle travel upon any Township roads, or portion
thereof, other than the specified portion of Township roads for which
security has been provided.
(10)
Road maintenance agreements required. The applicant shall apply
for a road maintenance agreement, pay the prescribed fee, and adhere
to all conditions set forth in the agreement.
(11)
Fee reimbursement. For the period during which construction
is taking place, the applicant agrees to reimburse the Township for
all reasonable and direct professional consultant fees incurred by
the Township related to the site inspection, including but not limited
to the Township Engineer, Township Solicitor and any other reasonable
and direct consultant fees incurred for the review and approval process,
and for any specialized work called for in the permit.
(12)
Signage, site identification. The facility signage shall be clearly visible for all 911 emergency services, and must comply with Township § 180-38, at the location where the access road intersects with the Township- or state-owned road and at the entrance gate to each facility. The signage must include:
(13)
Lights. No applicant shall permit any lights located on any
operation site to be directed in such a manner so that they shine
directly on a public road, protected use, adjacent property or property
in the general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads, protected uses, and adjacent dwellings and buildings. Exterior
lights shall be turned off except when personnel are working on site
or motion sensors are activated.
(14)
Emergency response plan. Prior to development, applicant shall
provide to the Township Police Department, Fire Department and Zoning
Officer, a copy of its emergency response plan. Also, applicant/operator
shall, at its sole cost and expense, provide to emergency services
appropriate site orientation with adequate information and ongoing
training on dealing with any potential dangerous conditions that may
result from development activities.
(15)
Enclosure. Noise-generating equipment, exceeding Township ordinance
standards, shall be fully enclosed in a sound reduction structure
that conforms to the character of the zone in which it exists. All
applicable development plans, permits and regulations shall apply
to the enclosure. During normal operations, the structure shall remain
fully enclosed, with all doors and windows remaining closed unless
during times of egress.
I.
Oil and gas metering stations/aboveground gathering facilities. A
company desiring to operate a metering station/aboveground gathering
facility shall obtain the permits required by this section, which
are in addition to, and are not in lieu of, any permit that may be
required by any other governmental or regulating agency. The company
must adhere to the following regulations:
(1)
Building permits, zoning certificates and certificates of occupancy.
Building permits, zoning certificates and certificates of occupancy,
where applicable, shall be obtained from the Township Zoning Officer
and applications must include:
(a)
A description of proposed site or modification to an existing
site with identification whether the site is located in a wetland
or floodplain;
(b)
Anticipated construction start and completion date;
(c)
A plot plan of the site showing: a clearly marked scale, all
property lines, all buildings, water wells, water sources and rights-of-way;
(d)
Applicant shall apply for a Township-assigned address at the
time of building permit application;
(e)
Any and all additional requirements that may be modified or
added by subsequent ordinance or required by Pennsylvania law.
(2)
Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Subdivision and Land Development Ordinance prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.
(3)
State and federal compliance. The applicant shall comply with
all applicable state and federal regulations and shall show evidence
of obtaining the required state and/or federal permits, including
proof of insurability, before initiating any work and maintaining
the required permits throughout the duration of all operations. The
applicant shall notify the Township immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension or revocation, the Township-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached.
(4)
Setbacks. The following minimum setback distances must be adhered
to:
(5)
Screening and landscaping. Metering stations/aboveground gathering facilities must, at a minimum, abide by the standards in § 180-33.
(6)
Fence standards. A secured entrance gate shall be required and
is to be kept locked when the operator or its employees are not on
the premises. Standards for the chain link fence and secured gate
are as follows:
(a)
The chain link fence shall be at least eight feet in height;
(b)
Support posts shall be set in concrete and shall be imbedded
into the ground to a depth sufficient to maintain the stability of
the fence;
(c)
The chain link shall be dark green or black steel wire;
(d)
The chain link fence shall have, at a minimum, 11 gauge thickness;
(e)
Posts and rails shall be black or dark green standard socket
construction or similar design;
(f)
Tension rods shall be three-eighths-inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having a six-inch
minimum take-up. Tension bars shall have minimum thickness of 1/4
inch by 3/4 inch;
(g)
All chain link fences shall be equipped with at least two gates.
At least one of the gates shall meet the following specifications:
[1]
The gates shall be of black or dark green chain
link construction that meets the applicable specifications, or of
other approved material that, for safety reasons, shall be at least
as secure as the chain link fence;
[2]
Fence screening. Fencing shall be equipped with
interlocking opaque slats, mesh, or other screening material approved
by Township. Color of materials shall be uniform and complementary
to the color of the fence and painted equipment. Approved colors shall
include, but not be limited to, green, brown, tan, and black.
(7)
Access roads. Access to the site shall be arranged to minimize
danger to traffic, nuisance to surrounding properties and to maintain
the integrity of Township roads. The following standards shall apply:
(a)
Any newly established private easements/roadways constructed
on the parcel containing the facility shall be located at least 50
feet from any property line unless written consent is obtained from
the adjoining property owner(s).
(b)
The access road to the facility, beginning with its intersection
with a Township road, shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
would reasonably minimize water, sediment or debris carried onto any
public road. If the access road or accessway is less than 200 feet
in length, the entire access road or accessway shall meet these conditions.
This shall be in place prior to the commencement of any facility operations.
(c)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
(8)
Fee reimbursement. For the period during construction, the applicant
agrees to reimburse the Township for all reasonable and direct professional
consultant fees incurred by the Township related to the site inspection,
including but not limited to the Township Engineer, Township Solicitor
and any other reasonable and direct consultant fees incurred for the
review and approval process, and for any specialized work called for
in the permit and its conditions.
(9)
Signage, site identification. The facility signage shall be clearly visible for all 911 emergency services, and comply with Zoning § 180-38 at the location where the access road intersects with the Township- or state-owned road and at the entrance gate to each facility. In addition to the specifications of Chapter 61, the signage must include:
(10)
Lights. No applicant shall permit any lights located on any
operation site to be directed in such a manner so that they shine
directly on a public road, protected use, adjacent property or property
in the general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads, protected uses, and adjacent dwellings and buildings. Exterior
lights shall be turned off except when personnel are working on site
or motion sensors are activated.
(11)
Emergency response plan. Prior to development, applicant shall
provide to the Lehigh Township Police Department, Fire Department
and Zoning Officer, a copy of its emergency response plan. Also, applicant/operator
shall, at its sole cost and expense, provide to emergency services
appropriate site orientation with adequate information and ongoing
training on dealing with any potential dangerous conditions that may
result from development activities.
(12)
Engine and motor enclosures. All engines and motors used to
facilitate the movement of gas or regulate the pressure of gas must
be enclosed in a permanent structure.
J.
Oil and gas pipelines. A company desiring to construct oil and gas
pipelines shall furnish to the Township copies showing evidence that
it has obtained and maintains in good standing all required state
and/or federal permits, including proof of bonding to operate pipelines,
when such bonding is required. Any suspension or revocation of any
required state or federal approvals or permits shall be reported to
the Township immediately. Retail service lines from the main line
to the residential or commercial structure are exempt from this section.
The company must adhere to the following regulations:
(1)
Pipeline information. The Company shall submit to the Township,
prior to construction, on a form provided by the Township, the following:
(a)
The origin point and the destination of the segment of the pipeline
to be constructed;
(b)
A description of the substance to be transported through the
pipeline and a copy of the material safety data sheet (MSDS);
(c)
As-built drawings of the segment of pipeline constructed;
(d)
Must meet all of the supplemental regulations of each zoning
district, where applicable;
(e)
A copy of the site reclamation plans;
(f)
The owner-operator must participate in PA One-Call;
(g)
The company shall exert reasonable efforts to maintain setbacks
as indicated in this subsection. Setback requirements from gas pipelines
for general residential, commercial, and industrial buildings shall
be a minimum of 50 feet. The setback distance shall be measured from
the nearest edge of the pipeline corridor. Setback distances shall
be a minimum of 100 feet for all principal buildings used for community
recreation services, private or public education, spectator entertainment
or sports, exhibition and convention facilities, major health services,
religious assemblies, or facilities used for public gatherings.
(2)
Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Zoning Ordinance, prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.
(3)
State and federal compliance. The applicant shall comply with
all applicable state and federal regulations and shall show evidence
of obtaining the required state and/or federal permits, including
proof of insurability, before initiating any work and maintaining
the required permits throughout the duration of all operations. The
applicant shall notify the Township immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension or revocation the Township-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached.
K.
Oil and gas processing facilities. A company desiring to operate
an oil and gas processing facility shall obtain the permits required
by this section, which are in addition to, and are not in lieu of,
any permit that may be required by any other governmental or regulating
agency. The company must adhere to the following regulations:
(1)
Building permits, zoning certificates and certificates of occupancy.
Building permits, zoning certificates and certificates of occupancy,
where applicable, must be obtained from the Township Zoning Officer
and applications must include:
(a)
A description of proposed site or modification to an existing
site with identification whether the site is located in a wetland
or floodplain;
(b)
Anticipated construction start and completion date;
(c)
A plot plan of the site showing: a clearly marked scale, all
property lines, all buildings, water wells, water sources, rights-of-way;
(d)
Applicant shall apply for a Township-assigned address at the
time of building permit application;
(e)
Any and all additional requirements that may be modified or
added by subsequent ordinance or required by Pennsylvania law.
(2)
Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Zoning Ordinance, prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.
(3)
State and federal compliance. The applicant shall comply with
all applicable state and federal regulations and shall show evidence
of obtaining the required state and/or federal permits, including
proof of insurability, before initiating any work and maintaining
the required permits throughout the duration of all operations. The
applicant shall notify the Township immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension or revocation, the Township-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached.
(4)
Setbacks. The following minimum setback distances must be adhered
to:
(a)
The minimum distance to any protected use shall be 1,000 feet;
(b)
The minimum distance to any public or private school shall be
2,500 feet;
(c)
A setback reduction approval may be authorized by the Mount
Pleasant Township Board of Supervisors as part of the conditional
use approval process, provided that the applicant can submit compelling
evidence that such a reduction is absolutely necessary and will not
be detrimental to the purposes of this section.
(d)
All aboveground equipment including compressor engines and any
structure in which they are enclosed must be set back a minimum of
100 feet from any adjacent property lines or rights-of-way.
(5)
Screening and landscaping. The standards in § 180-33 shall be determined during the conditional use hearing.
(6)
Fence standards. A secured entrance gate on the access road
shall be required and all gates are to be kept locked when the operator
or its employees are not on the premises. All storage tanks, separation
facilities, or other mechanical or production equipment on the operation
site shall be completely enclosed by a permanent chain link fence.
Standards for the chain link fence and secured gate are as follows:
(a)
The chain link fence shall be at least eight feet in height;
(b)
Support posts shall be set in concrete and shall be imbedded
into the ground to a depth sufficient to maintain the stability of
the fence;
(c)
The chain link shall be dark green or black steel wire;
(d)
The chain link fence shall have, at a minimum, 11 gauge thickness;
(e)
Posts and rails shall be black or dark green standard socket
construction or similar design;
(f)
Tension rods shall be three-eighths-inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having a six-inch
minimum take-up. Tension bars shall have minimum thickness of 1/4
inch by 3/4 inch;
(g)
All chain link fences shall be equipped with at least two gates.
At least one of the gates shall meet the following specifications:
[1]
The gates shall be of black or dark green chain
link construction that meets the applicable specifications, or of
other approved material that, for safety reasons, shall be at least
as secure as the chain link fence;
[2]
Fence screening. Fencing shall be equipped with
interlocking opaque slats, mesh, or other screening material approved
by Township. Color of materials shall be uniform and complementary
to the color of the fence and painted equipment. Approved colors shall
include, but not be limited to, green, brown, tan, and black.
(7)
Engines. Compressors and other power-driven equipment shall
utilize sparkless electric motors, when practicable, as an alternative
to internal-combustion engines, unless the applicant can demonstrate
that the alternative engines are not inconsistent with the objectives
of any Township ordinance. All electrical installations and equipment
shall conform to Township ordinances and the applicable national codes.
(8)
Access roads. Access to any facility shall be arranged to minimize
danger to traffic, nuisance to surrounding properties and to maintain
the integrity of Township roads. The following standards shall apply:
(a)
Any newly established private easements/roadways constructed
on the parcel containing the facility shall be located at least 50
feet from any property line unless written consent is obtained from
the adjoining property owner(s).
(b)
The access road to the facility, beginning with its intersection
with a Township road, shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
would reasonably minimize water, sediment or debris carried onto any
public road. If the access road or accessway is less than 200 feet
in length, the entire access road or accessway shall meet these conditions.
This shall be in place prior to the commencement of any facility operations.
(c)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
(9)
Truck routes. The applicant shall submit a road use plan showing
the proposed routes of all trucks to be utilized for hauling equipment,
supplies and the like and the estimated weights of those trucks and
the estimated number of trucks entering and exiting the facility on
a daily basis, as well as keep a record/log of actual use which may
be requested from time to time by the Board of Supervisors. In conjunction
with the Township, applicant shall design the hauling routes to and
from the facility to minimize the impact on local roads. At no time
shall any overweight vehicle travel upon any Township roads, or portion
thereof, other than the specified portion of Township roads for which
security has been provided.
(10)
Road maintenance agreements required. The applicant shall apply
for a road maintenance agreement, pay the prescribed fee, and adhere
to all conditions set forth.
(11)
Fee reimbursement. For the period during which construction
is taking place, the applicant agrees to reimburse the Township for
all reasonable and direct professional consultant fees incurred by
the Township related to the site inspection, including but not limited
to the Township Engineer, Township Solicitor and any other reasonable
and direct consultant fees incurred for the review and approval process,
and for any specialized work called for in the permit and its conditions.
(12)
Signage, site identification. The facility signage shall be clearly visible for all 911 emergency services, and § 180-38 of the Zoning Ordinance, at the location where the access road intersects with the Township- or state-owned road and at the entrance gate to each facility. The signage must also include:
(13)
Lights. No applicant shall permit any lights located on any
operation site to be directed in such a manner so that they shine
directly on a public road, protected use, adjacent property or property
in the general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads, protected uses, and adjacent dwellings and buildings. Exterior
lights shall be turned off except when personnel are working on site
or motion sensors are activated.
(14)
Emergency response plan. Prior to development, applicant shall
provide to the Township Police Department, Fire Department and Zoning
Officer, a copy of its emergency response plan. Also, applicant/operator
shall, at its sole cost and expense, provide to emergency services,
appropriate site orientation with adequate information and ongoing
training on dealing with any potential dangerous conditions that may
result from development activities.
(15)
Enclosure. Noise-generating equipment, exceeding Township ordinance
standards, shall be fully enclosed in a sound reduction structure
that conforms to the character of the zone in which it exists. All
applicable development plans, permits and regulations shall apply
to the enclosure. During normal operations, the structure shall remain
fully enclosed, with all doors and windows remaining closed unless
during times of egress.
L.
Oil and gas wells. A company desiring to engage in any oil and/or
natural gas well site construction, drilling, hydraulic fracturing,
and/or site restoration associated with a gas well of any depth; water
impoundment and other fluid storage, and transportation used for such
activities shall obtain a zoning certificate from the Township. The
company must adhere to the following regulations:
(1)
Zoning certificate. Zoning certificates must be obtained from
the Township Zoning Officer prior to commencement of drilling and
applications must include:
(a)
The name and address of the mineral and royalty owner(s), a
copy of the oil and gas lease and any drilling permits issued by the
Commonwealth of Pennsylvania, or the application, if a state permit
has not yet been issued, shall be attached;
(b)
The name and address of the applicant, including the name and
telephone number of a local representative;
(c)
The exact description of the location of the proposed well and
verification that the site is not located in a wetland or floodplain;
(d)
The name and address of each property owner of all property
within 1,000 feet of the proposed well, and verification that all
above-referenced property owners have been notified in writing of
the drilling activity;
(e)
Anticipated construction start and completion date;
(f)
A plot plan of the site showing: a clearly marked scale, all
property lines, all buildings, water wells, water sources and rights-of-way.
(2)
Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Zoning Ordinance prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.
(3)
State and federal compliance. The applicant shall comply with
all applicable state and federal regulations and shall show evidence
of obtaining the required state and/or federal permits, including
proof of insurability, before initiating any work and maintaining
the required permits throughout the duration of all operations. The
applicant shall notify the Township immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension or revocation, the Township-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached.
(5)
Screening. Applicant to comply with § 180-33 of the Zoning Ordinance. Temporary screening panels, of a style and material used for noise abatement, shall be erected around the entire drilling site before commencement of the active drilling phase and shall remain in effect until the well is drilled and production has commenced. A waiver of the screening panels can be requested as part of the conditional use approval process provided that the applicant can submit compelling evidence that such a waiver is absolutely necessary and will not be detrimental to the purposes of this section.
(6)
Access roads. Access to any well site shall be arranged to minimize
danger to traffic, nuisance to surrounding properties and to maintain
the integrity of Township roads. The following shall apply:
(a)
Any newly established private easements/roadways constructed
on the parcel containing the well site shall be located at least 50
feet from any property line unless written consent is obtained from
the adjoining property owner(s).
(b)
The access road to the well site, beginning with its intersection
with a Township road, shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
would reasonably minimize water, sediment or debris carried onto any
public road. If the access road or accessway is less than 200 feet
in length, the entire access road or accessway shall meet these conditions.
This shall be in place prior to the commencement of drilling operations.
(c)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
(7)
Truck routes. The applicant shall submit a road use plan showing
the proposed routes of all trucks to be utilized for hauling equipment,
supplies and the like and the estimated weights of those trucks and
the estimated number of trucks entering and exiting the facility on
a daily basis, as well as keep a record/log of actual use which may
be requested from time to time by the Board of Supervisors. In conjunction
with the Township, applicant shall design the hauling routes to and
from the facility to minimize the impact on local roads. At no time
shall any overweight vehicle travel upon any Township roads, or portion
thereof, other than the specified portion of Township roads for which
security has been provided.
(8)
Road maintenance agreements required. The applicant shall apply
for a road maintenance agreement, pay the prescribed fee, and adhere
to all conditions set forth.
(9)
Fee reimbursement. The applicant agrees to reimburse the Township
for all reasonable and direct professional consultant fees incurred
by the Township related to the site inspection, including but not
limited to the Township Engineer, Township Solicitor and any other
reasonable and direct consultant fees incurred for the review and
approval process, and for any specialized work called for in the permit
and its conditions.
(10)
Signage, site identification. The well site signage shall be clearly visible for all 911 emergency services, § 180-38 of the Zoning Ordinance, at the location where the access road intersects with the township- or state-owned road and at the entrance to each well site. In the event there are multiple well sites accessible from a single entrance point, this information must be clearly posted and visible as to abate possible confusion. The signage must include:
(11)
Lights. No applicant shall permit any lights located on any
operation site to be directed in such a manner so that they shine
directly on public road, protected use, adjacent property or property
in the general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads, protected uses, and adjacent dwellings and buildings. Exterior
lights shall be turned off except when personnel are working on site
or motion sensors are activated.
(12)
Operating times. All site preparation and preproduction activities
on the site, as well as access road maintenance, site reclamation
activity and other ongoing ancillary activities shall be permissible
Mondays through Saturdays (with the exception of federal and/or state
holidays) between the hours of 7:00 a.m. and 7:00 p.m., or as otherwise
authorized by the Board of Supervisors. The active drilling phase
is exempt from this subsection.
(13)
Water impoundments, fresh/waste. Applicant shall register any
fresh water or wastewater impoundment with the Township prior to the
construction. Applicant shall adhere to the following:
(a)
Impoundment must be 500 feet from property lines;
(b)
A copy of the PADEP impoundment permit, if applicable, must
be provided at the time of application or when available;
(c)
Chain link fencing must be installed around any impoundment
and shall be at least eight feet in height;
(e)
Bird netting shall be utilized;
(f)
Applicant shall provide a copy of the final closure certificate;
(g)
Install hazardous waste warning signs around wastewater impoundments;
(h)
Any PADEP reportable spills, leaks, malfunctions or similar
incidents must be reported immediately to the Township.
(14)
Emergency response plan. Prior to development, applicant shall
provide to the Township Police Department, Fire Department and Zoning
Officer, a copy of its emergency response plan. Also, applicant/operator
shall, at its sole cost and expense, provide to emergency services
appropriate site orientation with adequate information and ongoing
training on dealing with any potential dangerous conditions that may
result from development activities and shall be made available at
least annually during the period when the applicant/operator anticipates
drilling activity within the Township.
(15)
Engine and motor enclosures. All engines and motors not involved
in the active drilling/fracturing phase but used to facilitate the
movement of gas or regulate the pressure of gas must be enclosed in
a permanent structure.
