Township of Willistown, PA Article XXXIII C-I Commercial-Industrial Overlay District

[Added 1-24-2011 by Ord. No. 2-2011]

§ 139-189 Purpose.

The Commercial-Industrial Overlay District is established to provide opportunities for additional business enterprises in a commercial or industrial setting without reducing the function of the underlying base zoning districts. In addition to the general goals stated in the preamble to this chapter (see § 139-I), the purposes of this article are to:

A. Recognize a need to provide opportunities for additional uses of a commercial or industrial character.

B. Encourage site design that is in accordance with neighboring uses, provides appropriate area and height regulations, and maintains the efficiency of the circulation system.

C. Reduce the potential for conflicting purposes of access, noise, lighting, parking and other issues within the underlying districts.

D. Limit the adverse impact to environmental conditions created by business uses accommodated under this district.

§ 139-190 Overlay district; applicability.

The Commercial-Industrial Overlay District is an overlay district to be applied to the assigned base zoning districts, as defined by the Willistown Zoning Map. The overlay district shall serve as an alternative to the otherwise applicable zoning district provisions. The Commercial-Industrial Overlay District shall apply to tracts of land which satisfy the qualifying conditions set forth in § 139-191 (Qualifying conditions) below and shall be applicable to any parcel within the O Office Districts and I Restricted Industrial Districts as of the date of adoption of this article.

§ 139-191 Qualifying conditions.

The following conditions shall be satisfied prior to the consideration of any tract for development under the provisions of this article. No tract shall be eligible for development under this article unless it meets the following conditions:

A. The tract(s) shall be entirely within the Commercial-Industrial Overlay District and shall be held in single and separate ownership. The tract(s) within the Commercial-Industrial Overlay District shall comply in all respects with the qualifying conditions set forth herein, the area and height requirements set forth in § 139-194, the design standards set forth in § 139-195 and the parking requirements set forth in § 139-98.

B. The tract shall be environmentally suitable to support the type of development being proposed. Sewer, water and stormwater facilities shall be so designed to adequately serve the proposed development and shall be in compliance with the regulations of the Pennsylvania Department of Environmental Protection and any other applicable governmental laws or regulations.

C. Unique natural features of the site shall be preserved through sensitive environmental site design in conformance with Chapter 73, Environmental Protection.

D. All negative, off-site impacts associated with a use under this district will be minimized through proper site planning. In complying with § 139-192 below, the applicant for conditional use shall demonstrate and disclose such potential impacts, and the application shall set forth the manner in which the adverse impact thereof shall be minimized.

§ 139-192 Applications for conditional use.

All applications for conditional uses under this article shall require a public hearing prior to action by the Board of Supervisors upon the application. The hearing(s) shall be held in order to receive public input on the project and to estimate the level of impact a proposed use will pose on existing natural conditions, community services, community character and the road network. The following minimum requirements shall apply to all applications for conditional use under this district, and no conditional use shall be approved by the Board of Supervisors unless the application therefor satisfies the following minimum requirements:

A. The applicant shall comply with the procedures governing conditional use applications outlined under § 139-118.1 of this chapter.

B. The applicant shall submit a development plan as part of a conditional use application which includes the following items, at a minimum:

(1) Tract data: a survey plan which identifies total acreage of the tract, tract boundaries, showing bearings and distances, and the ownership of the tract and all adjacent properties.

(2) Environmental data: a conservation plan which delineates environmental resources pursuant to Chapter 73, Environmental Protection.

(3) Development data: a sketch plan which indicates any proposed subdivision of the tract with sufficient data to prove that the proposed layout will comply with all requirements of this chapter (Chapter 139, Zoning, and Chapter 123, Subdivision). In the case of land development, the location of proposed buildings, internal streets, parking areas and other public or private utilities (sewer, water, stormwater) shall be shown, as well as the type of buffer treatment to be used between the proposed use and other uses pursuant to § 73-52.

(4) Means of access: a plan which identifies all existing access-point/curb cuts, including but not limited to public roads, along the frontage of the tract for a distance of at least 300 feet east and west of the tract and such other existing access-point/curb cuts if such existing access-point/curb cuts will in any way impact upon the traffic entering into and/or exiting from the proposed development.

C. The applicant shall be responsible for the preparation and cost of a traffic impact study pursuant to § 123-30B. Such study shall be prepared by a traffic consultant hired by the applicant with the approval of the Township. The study shall enable the Township to assess the impact of a proposed development on the highway network, to identify traffic problems associated with the proposed development, to identify solutions and to present improvements to be incorporated into the project design.

D. Community impact study. The applicant shall submit a study which will sufficiently assess the impact the development will have on the community and its level of public services and the manner in which negative impacts thereon shall be resolved by the applicant. Such efforts will enable the Board of Supervisors to ascertain if the proposed development is appropriate given local community character, whether it is capable of being serviced by the public services as proposed and, further, to determine if the applicant has made reasonable effort to minimize the negative impact of the development on the community. The study shall include, at a minimum, the following:

(1) Community character/fiscal impact assessment: the impact the proposed development will have on the surrounding community, including such information as compatibility of proposed uses with surrounding uses and nearby residential uses, potential objectionable components of the proposed development, employment opportunities, fiscal impact to the Township (both in terms of costs and revenues), fiscal impact to the local school district (both in terms of costs and revenues), fire and emergency impacts, and police impacts, among others.

(2) Fire protection. The impact the proposed development will have on fire protection capability, including, but not limited to, municipal water supply, pumping capacity and specialized equipment, should be analyzed. The applicant must adequately demonstrate the effects of the proposed development and its ability to meet any specialized needs so as not to adversely affect the fire protection capability available to the community at large. All buildings shall conform to applicable BOCA National Fire Code Requirements and Pennsylvania Department of Labor and Industry requirements.

(3) Solid waste. A study to determine what amount of solid waste will be generated as a result of the development should be analyzed. The study should identify what method will be used to dispose of solid waste and what effort will be directed toward recycling solid waste.

(4) Water. A study of the amount of water needed for domestic and fire use shall be provided. The study shall indicate the location of the source and anticipated pressure of the proposed source. The applicant shall indicate willingness to pay for the cost of improvements to a public water system if it is determined that connection to said system is necessary.

(5) Sewer. A study which identifies the sewage treatment system proposed and the estimated gallons per day of sewage being treated shall be prepared in accordance with the requirements of Act 537, as amended, The Pennsylvania Sewage Facilities Act.

(6) Stormwater management: a plan which identifies the stormwater management system(s) proposed pursuant to Chapter 73, Environmental Protection.

E. Environmental impact study. A study shall be prepared which evaluates environmental information pursuant to the requirements of Chapter 73, Environmental Protection. Said plan shall address impacts to environmental resources and how such resources will be conserved and protected. Furthermore, said plan shall address ways in which impacts, if any, will be mitigated. The conservation plan prepared for the property shall serve as a basis for designing a plan that is responsive to environmental conditions.

§ 139-193 Permitted conditional uses.

All uses permitted under this district shall be permitted only after conditional use approval. A building or buildings may be erected, altered or used and a lot may be used or occupied for any one of the following uses, when approved by the Board of Supervisors as a conditional use:

A. Gaming or off-track betting facilities.

B. Adult entertainment.

C. Truck terminals.

D. Power and electric generation facilities.

E. Heavy industry/manufacturing.

F. Landfills.

G. Incinerators.

H. Quarries.

I. Accessory use on the same lot with and customarily incidental to any of the permitted uses.

J. Medical marijuana grower/processors.

[Added 7-10-2017 by Ord. No. 4-2017]

K. Medical marijuana dispensaries.

[Added 7-10-2017 by Ord. No. 4-2017]

§ 139-194 Area and height regulations.

A. Tract area. The minimum area permitted for individual tracts shall be three acres. Multiple tracts shall be held in single and separate ownership, unless they are developed under a single master development plan.

B. Tract width. A tract width not less than 350 feet shall be provided at the building line. A tract width not less than 300 feet shall be provided at the street line.

C. Building and impervious area. The maximum area of each lot occupied by buildings shall be 25%. The combination of building coverage and paved area, or total impervious coverage, shall not exceed 50% of the total lot area.

D. Height regulations. No building shall exceed 35 feet in height.

E. Building placement requirements. No building shall be located less than 35 feet from the street line nor less than 40 feet from a side or rear property line, except that when a tract abuts a residential district or has frontage upon an arterial or collector street, no building shall be located less than 75 feet from the street line or 100 feet from the street center line, whichever is greater.

F. Boundary buffer. There shall be a buffer area surrounding the periphery of each tract with a minimum depth of 35 feet. The boundary buffer shall remain free of buildings, structures and parking facilities. Where landscape screening is required pursuant to Chapter 73, Environmental Protection, said screening may be placed in the boundary buffer.

§ 139-195 Design and performance standards.

The following design and performance standards shall apply to development and land uses pursuant to this article, and no conditional use shall be approved unless the applicant demonstrates compliance with the following requirements:

A. Vision obstruction. On any corner lot or at any accessway, no wall, fence, sign or other structure shall be erected or altered which may cause danger to traffic on a public road by obscuring the view. Care shall also be taken to maintain buffer planting strips in a manner which minimizes obstructions on a public road.

B. Prohibited uses. The provisions of § 139-97 of this chapter are incorporated herein by reference. Any proposed development pursuant to this article must comply with the standards set forth in said § 139-97.

C. Access and off-street parking requirements. The provisions of §§ 139-98, 139-99 and 139-100 relating to parking, loading and the development of highway frontage shall apply. Access lanes and parking areas shall be paved. Applicants are also required to undertake an access road survey, which shall, at a minimum, include the following:

(1) A statement as to the estimated number of vehicles weighing over 20,000 pounds, loaded, which are expected to use the site on a daily basis; and

(2) A plan indicating all roads anticipated to be used as access roads, as defined herein.

(3) Access to the site or facility shall be limited to normal operating hours.

D. Outdoor lighting, signs and illumination of signs. All outside lighting, including sign lighting, shall be directed in such a way as to not create a nuisance to users of adjoining streets and property or subject them to direct glare or hazardous interference of any kind, especially as regards to rendering traffic signals inconspicuous. Luminaries shall be approved by the Township Engineer as to their height and glare-shielding equipment. Applicants are referred to Article XVIII for specific standards regarding signs and to Chapter 123, § 123-39, for specific outdoor lighting standards.

E. Conservation. The provisions of § 139-107 of this chapter are incorporated herein by reference. Any proposed development pursuant to this article must comply with the standards set forth in said $ 139-107.

F. Indoor operations. Each use permitted in this district, other than landfills and quarries, shall be conducted within a completely enclosed building.

G. Outdoor storage. Outdoor storage is permitted in conjunction with a permitted use if the area used for storage is located and screened so as not to be visible from an adjoining property line. Outdoor storage of solid wastes is prohibited.

H. Conduct of use and equipment operation. All permitted uses and equipment for such uses shall be operated with the use of smoke-, odor-, dust-, vapor-, vibrations- and noise-control devices as are necessary to assure that the use and equipment will not constitute an objectionable condition as defined in § 139-97.

I. Noise. The sound level of any operation, excluding off-site transportation facilities, temporary construction and demolition activities, and emergency alarm signals, shall not exceed the following decibel level in the designated octave bands. All sound pressure levels shall be measured at the property lines of the receiving land use. For any source of sound that emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound level, regardless of time of day or night or receiving land use. The maximum permissible sound pressure levels for continuous noise measured at the receiving land use shall be as follows:

	Maximum Permitted Sound Pressure Levels
	Frequency Band Cycles Per Second	Maximum Permitted Sound Pressure Level (Decibel)
	0 to 149	67
	150 to 299	59
	300 to 599	52
	600 to 1199	46
	1200 to 2399	40
	2400 to 4799	34
	4800 and above	32

The sound levels set forth in the above table shall be adjusted to account for differing receiving land uses and times of day as set forth in the following table, when measured at or within the property boundary of the receiving land use.

	Continuous Sound Levels By Receiving Land Use
	Receiving Land Use Category	Time Frame	Sound Level Adjustment
	Residential, public space, open space, agricultural or institutional	7:00 a.m. to 10:00 p.m.	0 dBA
		10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays	-10 dBA
	Commercial or business	7:00 a.m. to 10:00 p.m.	+5 dBA
		10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays	0 dBA
	Industrial	At all times	+10 dBA
	All uses	Less than 5% of any hour	+5dBA

Sound pressure levels shall be determined using the "fast" meter characteristic of a Type II meter, meeting the ANSI specifications S1.4, according to the methods set forth in "Specifications for Octave-Band and Fractional-Octave-Band Analog and Digital Filters," S1.11-2004, American National Standards Institute, Inc., New York, NY, as amended.

J. Dust.

(1) No dust or particulate matter shall be emitted from any chimney, quarry, factory or operation having a visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart, except that smoke of a shade not darker than No. 2 on the Ringlemann Smoke Chart may be emitted for not more than four minutes in a thirty-minute period. The emission of dirt, dust, or fly ash in sufficient quantities that may cause damage to human health, animals, vegetation, or property, or which can cause soiling or staining of persons of property at any points beyond the lot lines of the use creating the emission is prohibited. No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grains per cubic foot of the carrying gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles and gases resulting from combustion, standard correction shall be applied to a stack temperature of 500º F and 50% excess air in stack at full load.

(2) Smoke and dust generation shall be measured according to the standards set forth in the Ringlemann Smoke Chart, U.S. Bureau of Mines. The standards for air pollution set forth in the Air Pollution Control Act, 35 P.S. §§ 4001 through 4015, as amended, and the Department of Environmental Protection regulations promulgated thereunder and 25 Pa. Code Chapters 121 through 145, shall apply in determining emission of particulate matter. The emission of fumes and gases shall conform to all applicable provisions of the Pennsylvania air pollution control laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Rules and Regulations, as amended.

K. Odor. No use as defined herein shall emit odors, gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines on a consistent and sustained basis. The guide for determining offensive odors and toxic thresholds shall be the permissible exposure limit (PEL) developed by the Occupational Safety and Health Association (OSHA). Electronic or electrochemical nose instruments are acceptable for measuring odors, provided they are appropriately calibrated and approved by the Township.

L. Heat. No use shall produce heat beyond its lot lines; there shall be no emission or transmission of heat or heated air so as to be discernible at the lot line. Heat shall be defined as a perceptible increase above the ambient air temperature due to the activities of the use.

M. Glare. No direct or sky-reflected glare, whether from floodlights or high-temperature processes such as combustion or welding or otherwise, shall be permitted so as to be visible at the lot line. No use shall produce any strong or blinding light or direct specular reflection thereof beyond its lot lines. Glare shall be defined as a source of bright light within 45° of the horizon when measured at the property line; glare shall be considered source-emitting light that is over three times the ambient light level that would exist if there were no source of glare.

N. Vibrations. Except for the vibrations produced as a result of the construction activities upon the premises, no use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments. All blasting operations in extractive industries shall be matted and so controlled as to avoid damage from vibrations to persons or property beyond its lot lines or impair the use and enjoyment of adjacent lands and uses. A combination of screening, fencing and buffering shall be used to demonstrate compliance with this standard. Vibration shall be defined as that level of earth movement measured at the property line equivalent to Level 1 on the Richter Scale for seismic measurements.

O. Specific requirements for landfills and incinerators.

(1) The applicant is required to submit any and all plans, applications, data, materials, studies and information to the Board of Supervisors as is required to be submitted to the Pennsylvania Department of Environmental Protection pursuant to the Pennsylvania Solid Waste Management Act,[1] as amended; the Municipal Waste Planning, Recycling, and Waste Reduction Act,[2] as amended; and appropriate regulations and standards pertaining thereto. This requirement applies to all incinerators, whether intended for temporary use or permanent installation. All such materials shall be certified by the applicant to be true and correct copies of the original materials filed with the Department. Said plans shall be reviewed to determine compliance with Township codes and regulations.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

(2) Applicants shall submit information regarding anticipated types, amounts and places of origin of solid waste to be collected, stored, and/or disposed of at the site.

(3) Such sites or facilities shall be completely enclosed by durable fencing (chain-link or other fencing approved by the Board of Supervisors; such fencing shall be no less than six feet in height but shall not exceed a maximum height of 10 feet. All fencing shall be set back at least 15 feet from the property line and may be included in the boundary buffer.

(4) The burning or incineration of solid wastes shall be prohibited unless carried out in a completely enclosed incinerator as approved by the Pennsylvania Department of Environmental Protection and, as applicable, the Federal Environmental Protection Agency. The burning or incineration process shall be conducted at a temperature which will effect a clean burn and meet all applicable federal and state clean air standards using best available technology (BAT) criteria.

(5) The disposal of hazardous waste in any form shall be prohibited at such site or facility. In the event such waste is determined by the Pennsylvania Department of Environmental Protection or other applicable federal agency to constitute hazardous waste, it shall be removed from the site and disposed of at an approved hazardous waste disposal facility.

(6) The site or facility shall be adequately policed to prevent the dispersal or accumulation of any litter on or off site; prevent dust, fumes, or debris from interrupting or obstructing operations; and prevent health or safety hazards. All trucks entering or leaving the facility or site shall be covered.

(7) Every solid waste facility, having or generating residues, residual wastes or other wastes as a result of the conduct of operation of such facility, shall submit evidence of effective and binding contractual agreements with the Department of Environmental Protection permitting disposal of any such wastes.

(8) In accordance with provisions of the Municipal Waste Planning, Recycling, and Waste Reduction Act,[3] the Township shall be authorized to enter property, take samples, and conduct inspections of solid waste facilities.

[3] Editor's Note: See 53 P.S. § 4000.101 et seq.

(9) No landfills or incinerators shall be conducted:

(a) Within 100 feet of any public road (excluding access roads);

(b) Within 300 feet of any occupied dwelling, commercial or industrial building, public building, church, community or institutional building, or public park;

(c) Within the Riparian Buffer Area (RBA) Conservation District, pursuant to Article XII, Chapter 73, Environmental Protection.

(d) Within 300 feet of an exceptional value wetland or within 100 feet of other wetlands.

P. Specific requirements for quarries.

(1) Quarries are permitted provided the applicant obtains a valid permit to conduct such activities by the appropriate state and/or federal regulatory agency having jurisdiction.

(2) No quarry operations shall be conducted:

(a) Within 100 feet of any public road (excluding access roads);

(b) Within 300 feet of any occupied dwelling, commercial or industrial building, public building, church, community or institutional building, or public park;

(c) Within the Riparian Buffer Area (RBA) Conservation District, pursuant to Article XII, Chapter 73, Environmental Protection.

(d) Within 300 feet of an exceptional value wetland or within 100 feet of other wetlands.

(3) The piling of spoiled materials (tailings) and/or waste materials extracted in surface mining operations shall not exceed 35 feet in height above the natural unexcavated contour of the ground. Such pilings shall be covered with earth and seeded with a year-round vegetative cover at reasonable intervals.

(4) Blasting/removal reports. The quarry operator shall submit to the Township quarterly reports containing the minimum information required to be kept and maintained by the operator by the state and/or federal regulatory agency.

Q. Specific requirements for power and electric generation facilities. No power and electric generation facility shall be conducted:

(1) Within 100 feet of any public road (excluding access roads);

(2) Within 300 feet of any occupied dwelling, commercial or industrial building, public building, church, community or institutional building, or public park;

(3) Within the Riparian Buffer Area (RBA) Conservation District, pursuant to Article XII, Chapter 73, Environmental Protection.

(4) Within 300 feet of an exceptional value wetland or within 100 feet of other wetlands.

R. Specific requirements for adult entertainment.

(1) No more than one adult establishment shall be permitted in any one building.

(2) No adult establishment shall be conducted:

(a) Within 500 feet of any other building within which is located another adult establishment.

(b) Within 500 feet of any residential district.

(c) Within 500 feet of any school, church, child-care facility, public park, or playground.

S. Specific requirements for gaming and off-track betting.

(1) No more than one gaming and off-track betting establishment shall be permitted in any one building.

(2) No gaming and off-track betting establishment shall be conducted:

(a) Within 500 feet of any other building within which is located another gaming and off-track betting establishment.

(b) Within 500 feet of any residential district.

(c) Within 500 feet of any school, church, child-care facility, public park, or playground.

T. Specific requirements for heavy industry/manufacturing. No heavy industry/manufacturing facility shall be conducted:

(1) Within 100 feet of any public road (excluding access roads);

(2) Within 300 feet of any occupied dwelling, commercial or industrial building, public building, church, community or institutional building, or public park;

(3) Within the Riparian Buffer Area (RBA) Conservation District, pursuant to Article XII, Chapter 73, Environmental Protection.

(4) Within 300 feet of an exceptional value wetland or within 100 feet of other wetlands.

U. Specific requirements for medical marijuana grower/processors.

[Added 7-10-2017 by Ord. No. 4-2017]

(1) Applicants must determine water and wastewater needs pursuant to § 139-192D(4) and (5). The Township may assess additional tapping fees and/or rate fees for public water and sewer pursuant to anticipated service demands.

(2) Wastewater pretreatment may be required should the Township conclude that the constituents of the wastewater warrant additional treatment.

(3) The site or facility shall provide adequate policing to prevent the unintended transfer of marijuana plants off-premises.

(4) No more than one grower/processor shall be permitted on any one site or in any one building.

(5) A state permit to operate a growing/processing facility must be obtained prior to the issuance of an occupancy permit from the Township.

(6) Off-street parking shall be consistent with § 139-98H, Nonresidential parking requirements: "Industry, wholesale storage or distribution and administrative office" use. Loading and unloading shall be consistent with § 139-98K, Loading and unloading.

V. Specific requirements for medical marijuana dispensaries.

[Added 7-10-2017 by Ord. No. 4-2017]

(1) No medical marijuana dispensary shall be permitted within 1,000 feet of a school or day-care center.

(2) The site or facility shall provide adequate policing to prevent the sale of medical marijuana products other than for state-licensed medical reasons.

(3) No more than one dispensary shall be permitted on any one site or in any one building.

(4) A state permit to operate a dispensary must be obtained prior to the issuance of an occupancy permit from the Township.

(5) Off-street parking shall be consistent with § 139-98H, Nonresidential parking requirements: "Industry, wholesale storage or distribution and administrative office" use. Loading and unloading shall be consistent with § 139-98K, Loading and unloading.