Township of Robinson, PA Article XI Special Exceptions

§ 300-99 Applicability.

Special exception uses. Applications for special exceptions, when listed as authorized uses by the district regulations, shall be approved or denied by the Zoning Hearing Board in accordance with the standards and criteria of this article, and the zoning district regulations, and other applicable provisions of this chapter.

§ 300-100 Application and approval procedures.

A. The applicant for a special exception shall submit to the Zoning Officer a completed application on a form to be provided by Robinson Township, the required application fee and a plot plan which contains all of the information listed in § 300-19B of this chapter. Upon receipt, the Zoning Officer shall forward the application to the Zoning Hearing Board.

B. The Zoning Officer shall notify the Planning Commission of all applications for special exceptions to provide the Commission with an opportunity to present testimony before the Zoning Hearing Board, if desired. The Zoning Hearing Board shall review and approve or deny applications for special exceptions in accordance with the provisions of § 300-27 of this chapter.

§ 300-101 Revocation of approval.

The approval of a special exception application shall be valid for a period of 12 months from the date of approval. If within this period the building permit has not been applied for and construction/development begun, then the special exception approval shall be revoked and the applicant must reapply for approval. One extension of up to six months may be granted by the approving body where the applicant can show good cause for the delay.

§ 300-102 General standards and criteria for evaluating special exceptions.

A. Before approving a special exception application, the Zoning Hearing Board shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located, and that it will not substantially impair the use or development of adjacent properties.

B. The following general standards, among other things, shall be used in evaluating the application. These standards shall be in addition to any other specific requirements in this article or other section of this chapter for a particular type of use.

(1) The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable local, county and commonwealth and federal ordinances, laws and regulations. The proposed use shall obtain applicable permits, licenses, approvals from Robinson Township, Allegheny County, Pennsylvania and federal agencies before final approval of the special exception application shall be granted.

(2) The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation, or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties. The proposed use shall comply with the performance standards of § 300-63 of this chapter.

(3) The proposed site for the special exception is suitable in terms of topography, soils conditions and size, based on number of projected users and the frequency of use of the proposed use, as demonstrated by compliance with applicable laws and ordinances and reports and certifications of appropriate professionals.

(4) The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading. Conclusions as to safety and adequacy shall be documented with traffic studies as required by this chapter.

(5) The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, storm drainage, solid and toxic waste storage and disposal.

(6) The proposed use provides screening or buffer areas as required by this chapter.

(7) The proposed use/development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.

§ 300-103 Specific criteria for special exceptions.

A. The following shall apply to the specific types of uses listed in this section:

(1) Boarding- or rooming house.

(a) All off-street parking shall be provided on the lot.

(b) Exterior lighting for parking areas shall be reduced to 50% luminosity after 11:00 p.m.

(c) Off-street parking shall be screened with an earth berm, landscaped bufferyard, fence or wall within a minimum height of four feet and a minimum opacity of 80%.

(d) Building height and setbacks shall be consistent with surrounding development.

(e) All rooms available for boarding shall be located within the lot's principal building.

(f) Dumpsters shall be located in the rear setback yard and shall be screened with an earth berm, landscaped bufferyard, fence or wall with a minimum height of eight feet and a minimum opacity of 80%.

(2) Cemetery.

(a) The ingress and egress points must be located on an arterial or collector street.

(b) No more than 10% of the entire cemetery area shall be devoted to accessory structures (excluding those serving as grave markers or memorials), such as offices, chapel or maintenance facilities.

(c) Buffer yards or other screening may be required along the facility's boundaries in order to separate and screen adjacent properties.

(3) Communications tower.

(a) Purposes. The purposes of this section are to:

[1] Minimize visual impacts of communications towers through careful design, siting and vegetative screening.

[2] Avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures.

[3] Maximize use of any existing communication towers so as to minimize the need to construct new towers.

(b) Communications towers, communications antenna and telecommunications equipment building shall be considered as a special exception in the C-2, I-1 and P Districts.

[1] Communications antennas shall be considered as a special exception in the C-3 Zoning District when it is demonstrated that:

[a] The communications antenna and related equipment can be co-located on buildings or structures.

[b] The communications antenna and related equipment can be installed so as to be screened from public view.

[2] Communications antennas and related equipment that are proposed to be erected in the C-3 Zoning District shall be subject to the following provisions:

[a] A communications antenna shall not exceed 20 feet above the existing building height upon which it is mounted and shall be screened from public view. The applicant shall demonstrate that the building or structure upon which such communications antenna is placed is capable of supporting the same by submission of a written report, certified by a Pennsylvania-registered professional engineer, certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

[b] All equipment associated with roof-mounted communications antennas, except for the antenna(s), must be located so as not to be visible from adjoining properties or screened from view.

[c] Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.

[d] Directional or panel communications antennas shall not exceed six feet in height and three feet in width.

[e] Detailed construction and elevation drawings shall be submitted for any proposed communications antennas to be mounted on a building or other structure. The drawings submitted shall indicate how the antennas will be mounted and shall comply with all applicable building codes adopted by Robinson Township.

[f] Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted.

[g] Communications antennas shall comply with all applicable standards adopted by the Federal Communications Commission (FCC) for safety levels with respect to human exposure to electromagnetic fields as the same shall exist at the time of application.

[h] Communications antennas shall not cause radio frequency interference with other communications antennas located in Robinson Township at the time of application.

[i] A telecommunications equipment building shall be subject to the height requirements of the applicable zoning district for an accessory structure. The communications building shall comply with applicable building code regulations adopted by Robinson Township.

[j] The owner or operator of the communications antennas shall be licensed by the Federal Communications Commission (FCC) to operate such antennas.

(c) General provisions applicable in all permitted districts for communications towers and communications facilities.

[1] All lots must conform to the area requirements of the underlying zone. Only one communications tower shall be permitted per lot, and the communications tower shall be the sole principal use on the lot upon which it is situate.

[2] For all communications towers, the site shall be of sufficient size to provide the setback required in the underlying zoning district between the base of the communications tower, accessory structures and uses and guy anchors, if any, to all abutting property lines, except that the width of certain yards shall be as follows:

[a] Communications towers shall be set back the greater of a distance equal to 110% of the height of the communications tower, the required setback of the underlying zoning district, or a minimum of 50 feet from any existing or planned right-of-way or existing property line.

[3] The communications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

[4] Access to the communications facility shall be by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 12 feet with a dust-free, all-weather surface for the entire length.

[5] Maximum communications tower height shall be 190 feet. Equipment building height shall be regulated by the building height requirements of the underlying zoning district.

[6] An eight-foot-high chain link fence shall completely surround the communications tower (and guy wires if used) and telecommunications equipment building. All access gates shall be adequately secured to limited accessibility by the general public.

[7] The communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E manual, as amended. All applications for development of a communications facility shall verify compliance with these standards.

[8] A soil report complying with the standards of Appendix I, "Geotechnical Investigations," ANSI/EIA-222-E, as amended, shall be submitted to Robinson Township, sealed by a professional engineer, to document and verify the design specifications of the foundation for the communications tower and anchors for the guy wires, if used.

[9] The communications towers and antennas erected thereon shall be designed to withstand wind gusts in accordance with current Uniform Construction Code standards and/or other applicable generally accepted industry standards, laws, ordinances and regulations.

[10] Upon the order of the Board of Commissioners, the communications tower and structures shall be dismantled and removed from the premises within one year of their abandonment, obsolescence or cessation of use.

[11] Where technically feasible, all new communication towers shall be designed to accommodate communications equipment for use by emergency service agencies (i.e., police, fire, ambulance, etc.) or other governmental agencies.

[12] No communications tower or antenna may be lit unless the applicant has been mandated by the Federal Aviation Administration (FAA) to do so. The applicant must present the Zoning Hearing Board with any FAA requirements in regard to lighting of the tower and that it is in compliance with all applicable FAA regulations.

[13] A telecommunications equipment building shall be subject to the height and setback requirements for the applicable zoning district for an accessory structure. The telecommunications equipment building shall comply with applicable building code regulations adopted by Robinson Township.

[14] All new communications towers shall be designed to structurally accommodate the maximum number of additional users technically practicable.

[15] The Zoning Hearing Board may employ the services of an outside technical consultant, at the applicant's expense, to determine the feasibility of multiple users on the communications tower.

[16] All new applications for communications towers shall be accompanied with a statement from an engineer qualified in the field of radio frequency engineering certifying that the communications tower and communications facility are within the applicable standards adopted by the Federal Communications Commission (FCC) for safety levels with respect to human exposure to radio frequency electromagnetic fields, as the same shall exist at the time of application.

[17] All new applications for communications towers shall be accompanied with a report by a certified engineer documenting the following:

[a] Tower height and design, including technical, engineering, economic and other pertinent factors governing selections of the proposed design. A cross section of the tower shall be included.

[b] Total anticipated capacity of the site, including number and types of antennas which can be accommodated.

[c] Evidence of structural integrity of the tower structure as required by Robinson Township's Building Inspector.

[d] Failure characteristics of the tower and demonstration that the site and setbacks are of adequate size to accommodate debris.

[e] Ice hazards and mitigation measures which have been employed, including increased setbacks and/or deicing equipment.

[f] Specific design and construction plans which include the means by which shared use requirements will be met.

[18] All new applications for communications towers shall be accompanied with a letter of intent to lease excess space on the tower structure to other wireless communication carriers or entities that require use of tower structures for communication purposes.

[19] Where and when reasonably possible, all communications towers shall be freestanding and of self-supporting design and shall not utilize guy wires and/or guy anchors.

[20] Shared use of existing structures. A new communications tower shall not be permitted unless the applicant makes a good faith effort to substantially demonstrate that no existing or planned towers, if available, can structurally and functionally accommodate the applicant's proposed antenna/transmitter. The applicant shall be required to demonstrate compliance with the following:

[a] The applicant shall, by written communication delivered by certified mail/return receipt requested, contact the owners of all existing or planned towers as well as suitable building-mounted sites in Robinson Township of a height roughly equal to or greater than the height of the tower proposed by the applicant which are located within a one-half-air-mile radius from the center of the base of the proposed communications tower. A list shall be provided of all owners contacted, the date of such contact, and the form and content of such contact. The application shall not be considered complete without submission of the list.

[b] Such contact shall be made no less than 30 days prior to the filing of an application for review by the Zoning Officer to include a response into the application when filed.

[c] Failure of a listed owner to respond shall not be relevant to the Zoning Hearing Board if a timely, good faith effort was made to obtain one.

[d] The Zoning Officer shall maintain and provide, upon request, records of responses from each owner.

[21] The applicant shall request the following information from each owner contacted:

[a] Identification of the site by location, existing uses, prohibitions against future uses and tower height.

[b] Whether this tower could structurally accommodate the antenna proposed by the applicant without requiring structural changes be made to the tower.

[c] Whether this tower could structurally accommodate the proposed antenna if structural changes were made, not including totally rebuilding the tower. If so, the owner shall specify in general terms what structural changes would be required.

[d] If structurally able, would shared use by such existing tower be precluded for reasons related to radio frequency (RF) interference. If so, the owner shall describe in general terms what changes in either the existing or proposed antenna would be required to accommodate the proposed tower, if at all.

[e] If shared use is possible based on Subsection A(3)(c)[21][c] and [d] above, the fee an owner of an existing tower would charge for such shared use.

[f] Shared use is not precluded simply because a reasonable fee for shared use is charged or because of reasonable cost necessary to adapt the existing and proposed uses to a shared tower. The Board of Commissioners may consider expert testimony to determine whether the fee and costs are reasonable. Costs exceeding new tower construction and the cost of ground rental or acquisition are presumed unreasonable.

(d) General provisions applicable to a communications antenna.

[1] A communications antenna shall not exceed 20 feet above the existing building height upon which it is mounted and shall be screened from public view. The applicant shall demonstrate that the building or structure upon which such communications antenna is placed is capable of supporting the same by submission of a written report, certified by a Pennsylvania-registered professional engineer, certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

[2] All equipment associated with roof-mounted communications antennas, except for the antenna(s), must be located so as not to be visible from adjoining properties or screened from view.

[3] Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.

[4] Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

[5] Detailed construction and elevation drawings shall be submitted for any proposed communications antennas to be mounted on a building or other structure. The drawings submitted shall indicate how the antennas will be mounted and shall comply with all applicable building codes adopted by Robinson Township.

[6] Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted.

[7] Communications antennas shall comply with all applicable standards adopted by the Federal Communications Commission (FCC) for safety levels with respect to human exposure to electromagnetic fields as the same shall exist at the time of application.

[8] Communications antennas shall not cause radio frequency interference with other communications antennas located in Robinson Township at the time of application.

[9] A telecommunications equipment building shall be subject to the height requirements of the applicable zoning district for an accessory structure. The communications building shall comply with applicable building code regulations adopted by Robinson Township.

[10] The owner or operator of the communications antennas shall be licensed by the Federal Communications Commission (FCC) to operate such antennas.

(4) Conversion of a single-family dwelling into a multiple-family dwelling.

(a) Two parking spaces per dwelling unit shall be provided.

(b) Required off-street parking areas shall be permitted only in a rear yard area and shall be paved with asphalt, concrete, grouted brick, paving blocks or similar materials approved by Robinson Township.

(c) A buffer area as specified by § 300-72 of this chapter or a six-foot-high opaque fence shall be maintained between parking areas and adjoining properties.

(d) No individual dwelling unit shall be less than 800 square feet and shall include a kitchen and bath.

(e) All dwelling units shall comply with the requirements of the Pennsylvania Department of Labor and Industry.

(5) Day-care center, adult or child.

(a) All day-care centers shall be licensed by the Pennsylvania Department of Public Welfare and must operate in accordance with the requirements of the Department. This requirement is a condition of occupancy.

(b) Day-care centers shall only be permitted as a special exception in R-1 or R-2 Districts when they are conducted within a structure for a public or parochial school or place of religious worship. No additional signs or sign area (total square footage) shall be permitted for the center above that already authorized for a school or religious facility located in such zoning district.

(c) No day-care center in an R-3, R-4 or R-5 District shall be located within a two-thousand-six-hundred-foot radius of another day-care center.

(d) Any outdoor recreational areas on the property shall be no closer than 30 feet to an abutting street or 10 feet to any other property lines. They shall be fenced with a self-latching gate or otherwise secured.

(e) Safe vehicular access and off-street areas for discharging and picking up children or adults shall be provided.

(f) Parking shall be provided in accordance with the requirements of § 300-79E of this chapter.

(g) All day-care centers shall conform to the following schedule for the maximum number of children or adults which may be accommodated.

[1] R-1, R-2, and MOD - B Districts: no more than 15 children.

[2] R-3, R-4, and MOD - D Districts: no more than 20 children or five adults.

(h) The hours of operation for a day-care center located in a residential zoning district shall be limited to the period between the hours of 8:00 a.m. and 6:00 p.m.

(6) Family day-care home.

(a) A family day-care home shall be registered with the Pennsylvania Department of Public Welfare and shall comply with applicable requirements of the Department. This requirement is a condition of occupancy.

(b) Any outdoor play areas shall be fenced with a self-latching gate or otherwise secured.

(c) No exterior alterations, additions or other structural changes shall be made to the dwelling unit in order to accommodate or facilitate the operation of a family day-care home.

(d) A minimum of one off-street parking space shall be provided in addition to those otherwise required for the dwelling unit. Such space may be located in a side or rear area, provided it is not located in any required yard.

(e) There shall be no signs or exterior display of advertising other than a nameplate sign as permitted by Article IX for no-impact home-based businesses.

(f) A family day-care home shall meet all additional requirements as defined by a low-impact home-based business.

(7) Group care facility.

(a) A group care facility must be licensed and/or certified by the Pennsylvania Department of Public Welfare. Suspension or revocation of the license/certificate shall automatically revoke the certificate of occupancy and the special exception authorization.

(b) Change of ownership, sponsorship or of any other condition contained in the original approval of the facility shall constitute a new use, and the procedure for obtaining a special exception approval of a new facility shall be executed.

(c) No group care facility shall be located within a two-thousand-six-hundred-foot radius of another group home, group care or personal care facility.

(d) Sufficient screening and buffering or parking areas must be provided to protect the neighborhood from detrimental noise, dust, and other disturbance.

(e) The facility must comply with any and all applicable building, fire, health and other safety codes. Smoke detectors shall be installed in or in the immediate vicinity of each bedroom or sleeping area of the home and in the basement or cellar, if there is one. When actuated, the detector shall provide an alarm suitable to warn the occupants within the individual unit. Where more than one detector is required to be installed within the group home, the detectors shall be wired so that the actuation of one alarm will actuate all the alarms in the home.

(f) Parking shall be provided in accordance with the requirements specified in § 300-79E of this chapter.

(g) Only those signs permitted in the district in which the facility is located shall be permitted.

(h) If the group care facility is located in a residential zone, no exterior changes to an existing residential structure or property shall be permitted that would alter the residential character of the dwelling or lot.

(i) The maximum number of occupants for a group care facility shall be as follows:

[1] R-3, R-4 Districts: no more than 10 persons (including staff).

[2] C-1, C-2 Districts: no more than 20 persons (including staff).

(8) Group home.

(a) A group home must be licensed and/or certified by the Pennsylvania Department of Public Welfare. Suspension or revocation of the license/certificate shall automatically revoke the certificate of occupancy and the special exception authorization.

(b) Change of ownership, sponsorship or of any other condition contained in the original approval of the home shall constitute a new use, and the procedure for obtaining a special exception approval of a new home shall be executed.

(c) No group home shall be located within a two-thousand-six-hundred-foot radius of another group home or group care or personal care facility.

(d) The home must comply with any and all applicable building, fire, health and other safety codes. Smoke detectors shall be installed in or in the immediate vicinity of each bedroom or sleeping area of the home and in the basement or cellar, if there is one. When actuated, the detector shall provide an alarm suitable to warn the occupants within the individual unit. Where more than one detector is required to be installed within the group home, the detectors shall be wired so that the actuation of one alarm will actuate all the alarms in the home.

(e) Parking shall be provided in accordance with the requirements specified in § 300-79E of this chapter.

(f) Only those signs permitted in the district in which the facility is located shall be permitted.

(g) If the group home is located in a residential zone, no exterior changes to an existing residential structure or property shall be permitted that would alter the residential character of the dwelling or lot.

(h) The maximum number of occupants for a group home shall not exceed eight occupants.

(i) Sufficient screening and buffering or parking areas must be provided to protect the neighborhood from detrimental noise, dust, and other disturbances.

(9) Helipads.

(a) Helipads shall be located at least 250 feet from any property line or public street.

(b) Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

(c) Only one private-use helipad shall be authorized for each business park, regardless of the number of businesses located in the business park.

(d) Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and Pennsylvania Department of Transportation Bureau of Aviation shall be submitted to Robinson Township.

(e) The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.

(f) The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

(g) An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

(h) Lighting shall be shielded away from adjacent properties.

(10) Home-based business, low-impact.

(a) There shall be no exterior evidence of such accessory use other than a small name plate in accordance with Article IX of this chapter.

(b) There shall be no retail sales directly to customers on the premises.

(c) The home-based business shall be carried on wholly within the principal or accessory structures.

(d) No more than 15% of the gross floor area of the principal dwelling and any accessory structures used shall be devoted to the conduct of the home-based business.

(e) Articles not produced on the premises shall not be sold on the premises.

(f) There shall be no display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for delivery off the premises.

(g) Exterior displays or signs other than those permitted in this chapter, exterior storage of material and exterior indication of the home-based business or variation from the residential character of the principal structure shall not be permitted.

(h) Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of this chapter.

(i) The use shall not significantly intensify vehicular or pedestrian traffic which is normal for the residences in the neighborhood.

(j) The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of a structure.

(k) There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

(l) The use shall not cause an increase in the use of water, sewage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

(m) The use shall not cause a negative impact on lot values in the immediate neighborhood.

(n) The home-based business shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be permitted to be parked on the premises.

(o) The following uses shall not be considered home-based businesses and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses or uses by special exception, including, but not limited to:

[1] Beauty shops or barber shops containing more than two chairs;

[2] Clinics, hospitals or nursing or convalescent homes;

[3] Mortuaries;

[4] Private clubs;

[5] Private instruction to more than three students at a time;

[6] Restaurants or tearooms;

[7] Stables;

[8] Tourist or boarding homes;

[9] Vehicle or equipment rental, repair or sales;

[10] Vehicle repair garages, as defined by this chapter.

[11] Veterinary office, animal hospitals and/or kennels.

(p) In-home day cares and family day-care homes shall meet all of the foregoing requirements for a low-impact home-based business as well as the following additional requirements:

[1] Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.

[2] A safe area shall be provided for the drop-off and pick up of children which does not obstruct the free flow of traffic on any public street.

[3] Off-street parking shall be provided in accordance with the requirements of this chapter.

(11) Hospitals.

(a) The institution shall be licensed by the Commonwealth of Pennsylvania and shall have the required approvals of other regulatory agencies and accreditation organizations.

(b) The minimum lot area for a hospital shall not be less than five acres.

(c) The property shall have its principal traffic access to an arterial or collector street with sufficient capacity to handle the traffic generated by the proposed use.

(d) No structure shall be located within 100 feet of any property boundary or street right-of-way.

(e) Adequate fire lanes shall be provided between structures and approved by the County Fire Marshal. Building construction shall meet all applicable health and safety codes of the county, state and federal governments.

(f) Ambulance and delivery areas shall be obscured from view of all residential properties by fencing, decorative walls or planted screening, as approved by Robinson Township.

(g) A buffer area of at least 30 feet in width shall be provided and maintained along all side and rear property lines in accordance with § 300-63 of this chapter, and a landscaped area at least 30 feet in depth shall be provided along the entire front property line, except for approved entrances.

(h) If a hospital includes a helipad as an accessory use, the provisions specified in § 300-103A(9) of this chapter shall be met.

(12) In-home day care.

(a) An in-home day care shall be registered with the Pennsylvania Department of Public Welfare and shall comply with applicable requirements of the Department.

(b) Any outdoor play areas shall be fenced with a self-latching gate or otherwise secured.

(c) No exterior alterations, additions or other structural changes shall be made to the dwelling unit in order to accommodate or facilitate the operation of an in-home day care.

(d) A minimum of one off-street parking space shall be provided in addition to those otherwise required for the dwelling unit. Such space may be located in a side or rear area, provided it is not located in any required yard.

(e) There shall be no signs or exterior display of advertising other than a nameplate sign as permitted by Article IX for no-impact home-based businesses.

(f) An in-home day care shall meet all additional requirements as defined by a low-impact home-based business.

(13) Junkyard.

(a) All junkyards shall be completely enveloped by a fence or wall that meets the standards of § 300-74.

(b) No junk shall be stacked, stored or maintained at a height greater than the opaque fence or screen around the junkyard.

(c) Outdoor lighting for buildings and facilities may be approved, provided it is directed away from residential uses and public rights-of-way.

(14) Landfill.

(a) Land disposal operations shall be limited to: sanitary landfills or disposal sites for building materials and rubble resulting from construction, remodeling, repair and demolition project (Class I, II and III wastes, according to the classification from the Pennsylvania Solid Waste Management Regulations). Specifically excluded are any disposal site for hazardous or infectious wastes as regulated by the PA DEP.

(b) An application shall not be approved unless the proposed landfill has received at least Phase I approval from PA DEP, and a Township building permit shall not be issued until the final permit for the disposal site has been granted by PA DEP and a copy filed with Robinson Township.

(c) Plans for a proposed waste disposal site shall be submitted in the form prescribed by Robinson Township. A review and report on the application shall be obtained from Robinson Township Planning Commission and the Robinson Township Engineer or other engineers or specialists, as needed by Robinson Township. All costs for professional fees relative to the application review shall be paid by the applicant.

(d) The owners/operators of any approved landfill site shall be required to apply annually for recertification of their approval. The landfill shall be recertified if the subject site is operating in accordance with all the standards and conditions of the original approval. Any deviation from these standards may cause Robinson Township building permit to be revoked. A suspension or revocation of the PA DEP disposal site permit shall be an automatic suspension or revocation of all Township permits and approvals.

(e) If a change of ownership occurs, the new owner shall submit a new application immediately. Approval of the new application shall not be granted until a state permit is issued to the new owner by PA DEP.

(f) The Robinson Township Engineer, or other official designated by the Board of Commissioners, shall make inspections of the site at least every six months or upon complaint, to determine if the operation is being conducted according to approved plans and permits. The cost of such inspections shall be paid by the disposal site owner. In the event of any violations, Robinson Township shall seek remedies according to its own ordinances and shall notify the PA DEP authorities.

(g) No landfill operations shall take place within 100 feet of any property boundary or within 200 feet of any publicly owned recreation land or facility. Bufferyard A, as defined by § 300-72 of this chapter, shall be provided around the perimeter of the disposal site except at approved entrances and exit points.

(h) Access roads to the landfill site shall be constructed according to PA DEP permit requirements, and private roads shall be maintained adequately. Robinson Township shall require a bond to be posted of sufficient amount to cover the cost of maintenance, repair, reconstruction of any Township roads over which collection and disposal vehicles may travel to the approved site. The bond shall be reviewed periodically to determine if the amount is sufficient to cover any maintenances or repair costs.

(i) No burning of construction, demolition or other waste materials shall be permitted.

(j) When waste deposits have achieved final elevations or the disposal operation is to be terminated, the owner shall notify Robinson Township and shall file a site plan, prepared by a registered professional engineer, showing the final extent and depth of all disposal operations.

(k) Any proposed reuse of the disposal site or portion thereof shall be in accordance with all applicable zoning regulations. Robinson Township shall require that the proper soil investigations be completed and submitted with any zoning application and that the building foundation plan be certified by a registered professional engineer specializing in geotechnical engineering.

(l) Robinson Township Zoning Hearing Board may attach reasonable conditions and safeguards, in addition to those contained in this chapter, as it deems necessary to implement the purposes of this chapter and protect the public health, safety and welfare.

(15) Manufacturing, heavy.

(a) Heavy manufacturing operations shall be authorized, subject to a review of the impacts of the proposed activity on surrounding properties and land uses. The following factors shall be considered at a minimum:

[1] The type of equipment and the processes involved.

[2] The raw materials used.

[3] The environmental impacts of the proposed activity.

[4] The number of employees and the floor area devoted to the manufacturing.

(b) All heavy manufacturing operations shall comply with the performance standards of § 300-63 of this chapter.

(c) The size of the site and its relationship to surrounding uses shall be evaluated by the Zoning Hearing Board to determine the appropriateness of the proposed activity at the location proposed.

(d) Adequate public utilities shall be available to meet the requirements of the proposed manufacturing processes.

(e) Bufferyards shall be provided in accordance with the requirements in § 300-72 of this chapter.

(16) Manufacturing, light.

(a) All materials and equipment shall be stored within a completely enclosed building or structure.

(b) The use shall comply with all performance standards specified in this chapter.

(c) The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.

(d) Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

(e) An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids stored and/or used on site shall be available upon request.

(17) Mineral extraction.

(a) There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

(b) Mineral extraction shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a Wilderness Trout Stream, by the Pennsylvania Department of Environmental Protection as part of the Scenic Rivers system or designated under the Federal Wild and Scenic Rivers Act.

(c) No mineral extraction shall be conducted within 300 feet of the property line of any public building, school, place of worship, commercial building, public park or private recreational area.

(d) No mineral extraction shall be conducted within 100 feet of the outside right-of-way line of any public street, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

(e) No mineral extraction shall be conducted within 100 feet of the property line of a cemetery.

(f) No mineral extraction shall be conducted within 300 feet of the property line of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.

(18) Nonconforming lot of record.

(a) The nonconforming lot of record shall not be subdivided to make the nonconformity more severe.

(19) Nursery or greenhouse, nonretail.

(a) Outdoor storage of materials shall not be permitted.

(20) Nursing or convalescent home.

(a) A minimum lot area of two acres or 1,000 square feet per resident shall be required, whichever is greater.

(b) The facility shall have its principal traffic access to a public street with sufficient capacity to handle the traffic generated by the proposed use.

(c) Adequate fire lanes shall be provided between structures and approved by the County Fire Marshal. Building construction shall comply with all applicable health and safety codes of the county, state and federal governments.

(d) Ambulance, delivery and service areas shall be obscured from the view of all residential properties by fencing, decorative walls or planted screening, as approved by Robinson Township.

(e) A buffer area of at least 15 feet in width shall be provided and maintained along all side and rear property lines in accordance with § 300-72 of this chapter, and a ten-foot-deep landscaped area shall be provided along the entire front property line, except for approved entrances.

(21) Offices, medical.

(a) The landowner and/or developer shall be required to prepare and submit a traffic impact analysis of the proposed development. Potential implementation strategies of necessary infrastructure and/or safety improvements shall be identified in response to the analysis findings.

(22) Personal care home.

(a) A full or provisional license from the Commonwealth of Pennsylvania is necessary for initial and continued approval. Suspension or revocation of the license automatically revokes Robinson Township certificate of occupancy and special exception authorization.

(b) Change of ownership, sponsorship or of any other condition contained in the original approval of the home shall constitute a new use, and the procedure for obtaining special exception approval of a new facility shall be executed.

(c) No personal care home shall be located within a two-thousand-six-hundred-foot radius of another personal care or group care facility.

(d) The facility shall comply with local, county and state building, fire, health or other safety codes. An automatic fire-suppression system shall be required in any personal care home having an occupant load of six or more persons. The system shall be installed according to applicable Uniform Construction Code requirements (most recent edition). Smoke detectors shall be installed in or in the immediate vicinity of each bedroom or sleeping area of the home and in the basement or cellar, if there is one. When activated, the detector shall provide an alarm suitable to warn the occupants within the individual unit. When more than one detector is required to be installed within the personal care home, the detectors shall be wired so that the activation of one alarm will activate all the alarms in the home.

(e) Parking shall be provided in accordance with the requirements specified in § 300-79E of this chapter.

(f) Only those signs permitted in the zoning district in which the facility is located shall be permitted.

(g) No exterior changes shall be permitted to an existing single-family structure or property in a residential district which would alter the residential character of the dwelling or lot.

(h) The maximum number of occupants for a personal care home shall be as follows.

[1] R-3, R-4 Districts: no more than 10 persons (including staff).

[2] C-1, C-2 Districts: no more than 20 persons (including staff).

(23) Place of worship.

(a) If a residential facility (i.e., convent, monastery) is erected as part of a religious complex within an R-1 or R-2 District, it shall not house more than 10 persons.

(b) The place of worship shall have direct access to a public street with sufficient capacity to handle the traffic generated by the proposed use.

(24) Private club.

(a) The hours of operation must be conspicuously posted at the business premises such that patrons are sufficiently apprised of the same.

(b) Such club shall not remain open and/or transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time, of each day. No club located within 500 feet of a residence or place of worship shall be open or operated on Sunday.

(25) Public building or use.

(a) The minimum site required shall be one acre.

(b) Public buildings or uses shall be screened from adjacent residential uses or zoning districts with Bufferyard C, as defined in § 300-72 of this chapter.

(c) Adjacent public streets shall have adequate capacity to serve the traffic volumes anticipated to be generated by the proposed use.

(26) Recreational facilities owned and operated by a public or nonprofit agency.

(a) In any residential district, all principal structures, such as pools, bath houses, or clubhouses, must be set back at least 100 feet from the front property line and 50 feet from other property lines.

(b) Restaurants proposed as an accessory use and other places serving food or beverages may be permitted but may only be open when the recreational facilities are operating.

(c) All equipment storage shall be indoors.

(d) The maximum height for any structure is two stories or 35 feet.

(e) Outdoor lighting for buildings and facilities may be approved, provided it is directed away from residential uses and public rights-of-way.

(f) Adequate off-street parking, as regulated herein, shall be provided.

(g) Activities which produce an objectionable level of noise to surrounding residential properties may be prohibited.

(h) Bufferyard B, as defined in § 300-72 of this chapter, shall be maintained along all property lines adjacent to present or future residential areas.

(27) Recreational horses.

(a) Three acres of land must be provided for the first horse and one acre for each additional horse up to a maximum of five horses.

(b) The maximum number of horses permitted may be reduced based on the amount and type of land available and the location of the property in relationship to adjoining land uses. Other criteria to be included in a decision shall be: the number of usable acres, topographical and similar factors such as water supply, and the health, safety and welfare of the adjoining land uses and residents.

(c) A buffer area around the property, in accordance with § 300-72, may be required as a condition of approval.

(d) Any housing or feeding structures shall be located a minimum distance of 100 feet from the nearest property line.

(28) Research and development facility handling hazardous or toxic substances.

(a) All activities shall be conducted within an enclosed building.

(b) All activities shall comply with the performance standards of § 300-63 of this chapter.

(c) The facility shall comply with all applicable federal, state and county and local laws and regulations regarding the handling of hazardous or toxic substances. Suspension of any required permits from other governmental agencies shall result in the suspension of the certificate of occupancy and shall be considered a violation of this chapter.

(d) A written description of all materials stored or distributed by the proposed facility shall be submitted with the application. Robinson Township Emergency Management Coordinator and Fire Chief and the County Fire Marshal shall be notified of the types of substances typically stored or transported at the facility.

(e) This listing shall be updated by March 1 of each year and resubmitted to all parties; failure to do so may result in the certificate of occupancy being revoked.

(29) Schools.

(a) The property shall have direct access to a public street with sufficient capacity to handle the traffic generated by the proposed use.

(b) Parking areas for more than 10 cars shall be screened in accordance with § 300-71E and § 300-79B(9) of this chapter.

(30) Transfer station/incinerator or resource recovery facility.

(a) The site shall have frontage on and direct vehicular access to an arterial or collector road.

(b) The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street. If any portion of the driveway leading to and from the facility is unpaved, a tire washing facility shall be located on the site to service trucks exiting the facility.

(c) Robinson Township shall require a bond to be posted of sufficient amount to cover the cost of maintenance, repair and reconstruction of any Township roads over which the collection and disposal vehicles may travel to and from the site. The bond shall be reviewed periodically to determine if the amount is sufficient to cover any maintenance or repair costs.

(d) No transfer station operations shall be conducted within 200 feet of any property lines adjoining a residential use or zoning district or within 100 feet of any other property line. No incinerator or resource recovery facility shall be located within 500 feet of any property lines adjoining a residential use or zoning district or within 100 feet of any other property line.

(e) Bufferyard A, as defined by § 300-72 of this chapter, shall be provided around the perimeter of the site except at approved entrances and exit points.

(f) Fencing at least six feet in height shall be provided around any work area for and to control any windblown refuse.

(g) The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency and any other applicable regulatory agency prior to initiating any operations.

(h) The owners/operators of any approved transfer station, incinerator or resource recovery facility shall be required to apply annually for recertification of their approval. The facility shall be recertified if it is operating in accordance with all the standards and conditions of the original approval. Any deviation from these standards may cause Robinson Township building permit to be revoked. A suspension or revocation of the PA DEP permit shall be an automatic suspension or revocation of all Township permits and approvals.

(i) The Robinson Township Engineer or other official designated by the Board of Commissioners shall inspect the site at least once every six months or upon complaint, to determine if the operation is being conducted according to the approved plans and permits. The cost of such inspections shall be paid by the facility owner/operator. In the event of violations, Robinson Township shall seek remedies according to its own ordinances and shall notify the PA DEP authorities.

(j) If a change in ownership occurs, the new owner shall submit a new application immediately. Approval of the new application shall not be granted until a state permit is issued by PA DEP.

(31) Wholesale, warehousing or terminal activity handling toxic or hazardous substances.

(a) The property shall have direct access to an arterial or collector street, as defined by this chapter, with sufficient capacity to handle the traffic generated by the proposed use.

(b) Access driveways shall be of adequate design to accommodate anticipated truck traffic safely without causing congestion on public streets. Driveways, entrances and exits shall comply with the applicable requirements of the Pennsylvania Department of Transportation (67 Pa. Code Article I, §§ 1.7, 1.8, 1.9) or any revisions or amendments thereto. The design shall be such that it permits forward movement of all vehicles both upon entering and leaving the site. Backing of vehicles onto public rights-of-way shall not be permitted.

(c) All parking and loading areas shall be paved and properly drained in accordance with the off-street parking and loading requirements of this chapter.

(d) The site shall be surrounded by suitable barriers to ensure that no portion of a vehicle shall extend beyond a property line into a public street.

(e) In addition to required parking and loading facilities, adequate storage areas for vehicles awaiting loading and unloading shall be provided.

(f) The facility shall comply with all applicable federal, state and county and local laws and regulations regarding the handling of hazardous or toxic substances. Suspension of any required permits from other governmental agencies shall result in the suspension of the certificate of occupancy and shall be considered a violation of this chapter.

(g) A written description of all materials stored or distributed by the proposed facility shall be submitted with the application. Robinson Township Emergency Management Coordinator and Fire Chief and the County Fire Marshal shall be notified of the types of substances typically stored or transported at the facility. This listing shall be updated by March 1 of each year and resubmitted to all parties; failure to do so may result in the certificate of occupancy being revoked.