Township of Moon, PA Part 8 CONDITIONAL USES

§ 27-801 Applicability.

[Ord. 658, 4/9/2015]

1. Applications for conditional uses, when listed as permissible by this chapter, shall be approved or denied by the Board of Supervisors in accordance with the standards and criteria of this Part; provided, however, applications for conditional use approval of a master plan for a Planned Nonresidential Development (PNRD) shall be applied for and approved or denied by the Board of Supervisors in accordance with the standards and criteria of Part 11 of this chapter.

2. Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by the Township by comparing the use to established development standards and design guidelines. This review shall determine whether the proposed use addresses the general and specific standards and criteria identified in this Part, and chapter, and whether it should be permitted, by weighing the public need for, and the benefit to be derived from, the use, against the impact which it may cause.

§ 27-802 Application and Approval Procedure.

[Ord. 658, 4/9/2015]

1. Application Procedure.

A. An application for conditional use approval shall be filed with the Planning Director, on forms prescribed by the Township, at least 14 calendar days prior to the date of the Planning Commission's next regular monthly meeting. A conditional use application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and deposit, have been received by the Township.

B. The Planning Director shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Planning Director shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the applicant's application fee and deposit.

C. Within five days of receipt of an administratively complete application, the Planning Director shall submit one copy of the application and any materials submitted therewith to the following entities and individuals for review: the Environmental Advisory Council (as appropriate); the MTA (as appropriate); the Township Engineer; and any other appropriate Township personnel or professional consultants.

D. The Planning Director shall provide one copy of an administratively complete application and any materials submitted therewith to the Planning Commission by no later than the Friday prior to the date of the regular monthly meeting of the Planning Commission.

E. The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the conditional use application documents to determine if they are in compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], other applicable Township ordinances, the Comprehensive Plan and the Township planning objectives. The Planning Director shall prepare a written report of his findings and recommendations which he shall provide to the Board of Supervisors, Township Manager, Township Engineer, Planning Commission and any other appropriate Township personnel or professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.

F. The Planning Commission shall review the application and forward its recommendation to the Board of Supervisors.

G. The Board of Supervisors shall hold a public hearing, pursuant to public notice, within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the date of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC.

H. The Board of Supervisors shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, the Board of Supervisors decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

I. In granting a conditional use pursuant to this chapter, the Board of Supervisors may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Moon Township Code of Ordinances, the Township Standard Details and any other ordinance or resolution of the Township, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.

J. A copy of the decision or, where no decision is called for, of the findings, shall be delivered to the applicant in accordance with the applicable provision(s) of the MPC.

K. All development, construction and use shall be in accordance with the approved conditional use decision and plan, unless an amended conditional use application is submitted and approved. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Board of Supervisors, and the conditional use decision. Any development contrary to the approved conditional use decision and plan shall constitute a violation of this chapter.

2. Application Content.

A. All applications for conditional use approval shall demonstrate compliance with: the general standards and criteria of this Part; the applicable express standards and criteria of this Part; and the applicable lot and yard requirements of the zoning district in which the use is proposed.

B. All applications for conditional use approval shall be submitted to the Planning Director, in the form prescribed from time to time by the Township, with no fewer than:

(1) Six full scale copies (with a minimum scale of one inch equals 100 feet) and eight half-scale copies (with a minimum scale of one inch equals 200 feet) of all required plans, maps and drawings.

(2) Four copies of all other reports and materials that are required as part of the application.

(3) One electronic version (in a Township-compatible format) of all plans, maps, drawings, reports and other materials required as part of the application.

C. All applications for conditional use approval shall contain the following:

(1) A development plan, as defined by this chapter.

(2) A written narrative setting forth the following:

(a) The manner in which the application complies with each of the conditional use general standards and criteria of § 27-803 of this Part.

(b) The manner in which the application complies with each of the conditional use express standards and criteria referenced in this Part for the specific type of proposed use, development, or request.

(3) A legal document verifying applicant's legal interest in the subject property (i.e., deed, sales agreement, lease).

(4) The application fee and deposit in an amount set from time to time by resolution of the Board of Supervisors.

(5) Construction plans, where renovations or modifications of an existing building are immediately contemplated, showing the scope, nature and extent of said renovations or modifications.

(6) Traffic impact study as required by § 27-522 or other section of this chapter.

3. Expiration of Approval. The grant of a conditional use shall expire one year after the date of the Board of Supervisors written decision unless: (A) the applicant has applied for and obtained a building permit and commenced construction; or (B) in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained a zoning and occupancy permit and has commenced the use which is the subject of the conditional use approval. Expiration of the conditional use approval under this section shall require the applicant to re-apply for conditional use approval.

§ 27-803 Standards and Criteria.

[Ord. 658, 4/9/2015]

1. General Standards and Criteria. The proposed use, development, or request shall comply with the following general standards and criteria, which are in addition to any other requirements in this chapter for a specific type of use, development, or request:

A. The proposed use will not alter the established character and use of the neighborhood or district in which it is located, and will not substantially impair the use or development of adjacent properties.

B. The establishment, maintenance, location and operation of the proposed use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

C. 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 all other applicable federal, state, county, and Township laws, statutes, ordinances and regulations including, but not limited to, the Subdivision and Land Development Ordinance [Chapter 22]; the Stormwater Management Ordinance [Chapter 23]; and the Moon Township Code of Ordinances.

D. The proposed use is compatible with 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.

E. The proposed site of the conditional use is suitable in terms of topography, soil conditions and size, based on number of projected users and the frequency of use of the proposed use.

F. 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 and efficient internal circulation and sufficient off-street parking and loading.

G. The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater management, and solid, hazardous, and toxic waste storage and disposal.

H. The proposed use provides landscaping, screening and bufferyards sufficient to protect the use, enjoyment and development of adjacent properties.

2. Express Standards and Criteria. The proposed use, development, or request shall comply with the express standards and criteria applicable to the proposed use, development, or request specifically referenced in this Part.

§ 27-804 Adult Oriented Business.

[Ord. 658, 4/9/2015]

An adult oriented business shall be a permitted conditional use subject to the following express standards and criteria:

A. An adult oriented business may be established only in the M-1 Industrial District.

B. Persons or owners who intend to open an adult oriented business must obtain from the Township a license to operate such an enterprise pursuant to the Adult Oriented Business License Ordinance [Chapter 13, Part 7] and must pay to the Township an investigation fee as may be set from time to time by resolution of the Board of Supervisors. In addition, such persons or owners must supply to the Township detailed information as to the ownership and financing pursuant to the Adult Oriented Business License Ordinance [Chapter 13, Part 7].

C. No adult oriented business shall be permitted within 500 feet of the lot boundary of any property containing a preexisting school, hospital, nursing home, group care facility, place of worship, park, establishment which is licensed to and does sell alcoholic beverages, or any other adult oriented business.

D. No adult oriented business shall be located within 500 feet of a residential zoning district.

E. An adult oriented business shall be initially licensed, where it has met the requirements set forth in the Adult Oriented Business License Ordinance [Chapter 13, Part 7], through December 31 of the year in which the license is issued. For each year thereafter that the adult oriented business intends to continue as an adult oriented business, it must seek from the Township a renewal of the license. The lack of a valid license shall be a proper basis for the Township to deny or revoke a zoning and occupancy permit for an adult oriented business.

F. Any adult oriented business found to be in violation of this chapter shall be subject to the enforcement penalties of Part 14 of this chapter and the Adult Oriented Business License Ordinance [Chapter 13, Part 7].

G. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

H. Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

I. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

J. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

K. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

L. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

M. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

N. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-805 Agricultural Operations.

[Ord. 658, 4/9/2015]

Agricultural operations shall be a permitted conditional use subject to the following express standards and criteria:

A. The minimum lot size of an agricultural operations use shall be 10 acres.

B. Agricultural operations shall be conducted in accordance with all applicable federal, state, county, and Township laws and regulations governing the production of crops, livestock and livestock operations.

C. The aggregate floor area of all structures on a lot shall be no more than 50,000 square feet.

D. The minimum distance between buildings shall be 30 feet.

E. The maximum length of any building shall be no more than 200 feet.

F. No business activity other than agricultural operations shall be conducted on the premises.

G. Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris and dust shall not be created and as defined in Part 4A of this chapter, except as otherwise provided by applicable law.

H. Exterior finishes of agriculture support buildings shall be compatible with the character of development on adjoining properties.

I. Perimeter fences shall be constructed around all fields and meadows that are used for livestock grazing, feeding and similar activities. No perimeter fence shall be closer than 10 feet from a property line.

J. The landowner or occupant shall be responsible for collecting and disposing of litter and droppings from the animals in such a way as to minimize the presence of fly larvae and/or objectionable odors.

K. No signs shall be placed on the buildings or on their rooftops.

L. No hazardous materials or substances shall be permitted to be stored in any building other than those permitted by the Construction Code [Chapter 5, Part 1]. Both the landowner and the tenants shall be responsible for the prevention of the storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the Construction Code [Chapter 5, Part 1]. Further, the owner and operator of the facility are responsible for complying with all applicable federal and state environmental laws and regulations controlling the storage/disposal of hazardous materials, substances and wastes.

M. In order to minimize the negative impacts of erosion, siltation and surface water and ground water contamination, the owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended), and the EPA Managing Manure Nutrients at Concentrated Animal Feeding Operations (December 2004, as amended). The applicant shall submit a report describing the BMPs that will be used, on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

N. The provisions of the keeping of horses shall be made in accordance with § 27-904.

O. Storage of manure or odor or dust producing substances shall not be permitted within 200 feet of any property line.

P. Buildings or kennels in which animals or poultry are kept shall not hereafter be erected within 200 feet of any lot line. Additional buildings other than a dwelling shall not be constructed closer than 50 feet to any property line.

Q. Unless otherwise provided within this chapter, or by other applicable Township ordinance, operations involving the use of buildings and land for farming, riding academies, animal kennels, livery or boarding stables, stock raising, dairying and poultry shall be permitted as a conditional use only on an agricultural operation in the R-1 District.

R. An agricultural operation use in a residential zoning district must provide a Bufferyard 1 as detailed in § 27-214 of this chapter along adjoining properties.

§ 27-806 Amphitheater.

[Ord. 658, 4/9/2015]

An amphitheater shall be a permitted conditional use subject to the following express standards and criteria:

A. Hours of operation and amphitheater events shall be scheduled to minimize negative impacts on the surrounding neighborhood.

B. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter.

C. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

D. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for off-street parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

E. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

F. The use (including public announcement and speaker systems) shall not generate noise in excess of 75 dB(A) at the lot line between the hours of 10:00 p.m. and 8:00 a.m., prevailing time. For purposes of this section, this noise restriction shall be measured from any lot line of property owned by a person or entity other than the owner of the subject facility. Outdoor speakers shall not be used between the hours of 10:00 p.m. and 8:00 a.m., prevailing time, unless another time is established by the Board of Supervisors as part of a conditional use decision for a specific use. The volume and direction of outdoor speakers shall be regulated to minimize impact on adjacent properties. As part of its decision, the Board of Supervisors may further regulate outdoor speakers in order to prevent adverse impacts on adjoining properties.

G. Any amphitheater facility within 300 feet of an existing dwelling shall cease operations by no later than 10:00 p.m., prevailing time, unless another time period is established by the Board of Supervisors as part of a conditional use decision for a specific use.

H. The use shall have frontage on and direct vehicular access to an arterial or collector street.

I. Vehicular and pedestrian access to the proposed development shall be provided and designed to maximize pedestrian and vehicle safety.

J. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

K. The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and the subject property.

L. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

M. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter. Whenever, as a result of additional traffic generated by a proposed development, the traffic impact study identifies a traffic increase in excess of 100 trips after 9:00 p.m., the Board of Supervisors may limit the amphitheater's hours of operation to mitigate negative impacts on the adjacent neighborhood.

N. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, attendees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, attendees, customers, visitors and guests.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-807 Apartment.

[Ord. 658, 4/9/2015]

An apartment shall be a permitted conditional use subject to the following express standards and criteria:

A. No apartment shall be located in a basement or first floor of a building.

B. Parking spaces shall be located no more than 300 feet from the apartment's primary entrance.

C. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter. All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.

D. Means of ingress and egress from a building shall comply with the requirements outlined in the Construction Code [Chapter 5, Part 1].

E. Where a developer and/or landowner proposes a mix of apartments and nonresidential uses with 10 or more apartments, the minimum parking requirement shall be reduced by 50%.

F. All dumpsters and/or waste collection areas shall be located 50 feet from nearest residential unit and shall be enclosed by a solid masonry screen.

G. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

H. The use shall have frontage on and direct vehicular access to an arterial or collector street.

I. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

J. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

K. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter.

L. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

M. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, residents, tenants, customers, visitors and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, residents, tenants, customers, visitors and guests.

N. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-808 Assembly or Fabrication Facility.

[Ord. 658, 4/9/2015]

An assembly or fabrication facility shall be a permitted conditional use subject to the following express standards and conditions:

A. All materials and equipment shall be stored within a completely enclosed building.

B. The use shall comply with all performance standards specified in Part 4A of this chapter.

C. The storage, use or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the facility, and the transportation, handling, use and disposal of such materials shall conform with all applicable regulations and permit requirements of the Environmental Protection Agency (EPA) and Department of Environmental Protection (DEP).

D. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

E. Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

F. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

G. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

H. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

I. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

J. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-809 Automobile Rental.

[Ord. 658, 4/9/2015]

Automobile rental shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving to protect the surrounding neighborhood and activity from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. Landscaping within surface parking and loading areas shall be encouraged to minimize the impacts of heat and glare from paving.

D. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-851 of this chapter.

E. Automobile rental facilities shall have a maximum of one point of vehicular access to an arterial or collector street. Shared access to adjacent facilities shall be encouraged where feasible.

F. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

G. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

H. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

I. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter.

J. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

K. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-810 Bed and Breakfast.

[Ord. 658, 4/9/2015]

A bed and breakfast shall be a permitted conditional use subject to the following express standards and criteria:

A. No more than five bedrooms may be available or used for a lodging use in any building.

B. Not more than one ground sign shall be permitted on the lot.

C. Service meals shall be limited to breakfast only to overnight guests of the facility.

D. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter. All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.

E. The owner and/or manager of the facility shall reside therein.

F. An overnight guest shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.

G. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

H. Means of vehicular access to the lot shall be from an arterial or collector street only.

I. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

J. A facility in a residential zoning district must provide a Bufferyard 1 as detailed in § 27-214 of this chapter along adjoining properties.

K. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

§ 27-811 Billboard.

[Ord. 658, 4/9/2015]

A billboard shall be a permitted conditional use subject to the following express standards and criteria:

A. Location.

(1) Billboards shall not be erected within a residential zoning district or within 500 feet of the property line of any public or private school, such distance being measured along the radius of a circle from the center-most point of the billboard structure extending in all directions.

(2) Billboards shall be erected within 400 feet of the center line (measured horizontally) of Interstate 376, Business Loop 376 (also known as State Route 3160 and the Airport Service Road), and State Route 51.

(3) On interstate and limited access highways, billboards shall not be erected within 500 feet of an interchange or safety rest area measured along the interstate or limited access highway from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled highway.

(4) Billboards shall maintain a lateral minimum spacing of 750 feet between any existing or proposed billboard structures. This required spacing shall be measured along both sides of the same street frontage from the centermost point of the billboard structure which is parallel to the center line of the street to which the billboard is oriented.

(5) The billboard shall meet the minimum front, side and rear yard requirements applying to a principal structure as set forth within the zoning district in which the billboard is to be located.

(6) A billboard shall be considered a structure and shall be included in the calculation of maximum lot coverage as specified in Table 27-5 (Dimensional Requirements) of this chapter. The maximum lot coverage calculation shall be cumulative, including the billboard and any other structures and buildings on the same lot therewith.

(7) No billboard shall be erected in such a manner as to block the view from the street of any existing business identification sign or residential or nonresidential structure or to limit or reduce the light and ventilation requirements under the Construction Code [Chapter 5, Part 1].

(8) No billboard shall be constructed within the clear sight triangle of the street on which it is situated and shall not in any case obstruct or impede traffic safety.

(9) Billboards shall not be part of a roof or wall, nor shall a billboard be mounted on the roof, wall or other part of a building or any other structure.

(10) A billboard which contains an electrically activated changeable sign shall only be permitted in the M-1 District and RT District.

B. Size and Height. A billboard shall have a maximum allowable gross sign surface area of 450 square feet per sign face. This surface area shall be permitted provided that all of the following additional requirements are met:

(1) A billboard shall have a maximum of two sign faces per billboard structure which may be placed back to back or in a V-shaped configuration having an interior angle of 90° or less.

(2) The dimensions of the surface area of the billboard sign face shall not exceed 20 feet in total height or 25 feet in total length.

C. Construction.

(1) A billboard shall be constructed in accordance with the applicable provisions of the Construction Code [Chapter 5, Part 1].

(2) A billboard shall be independently supported and have a vertical metal support which is: (a) galvanized or otherwise treated to prevent rust and corrosion; and (b) capable of supporting the sign against wind speeds of up to 70 miles per hour (mph).

(3) All grading shall be in accordance with the Grading Ordinance [Chapter 9, Part 1].

D. Landscaping.

(1) The entire base of the billboard structure shall be permanently landscaped with suitable shrubs and/or ornamental grass of a minimum height of three feet placed in such manner as to screen the foundation of the structure.

(2) Landscaping shall be maintained by the billboard structure owner in an attractive and healthy manner in accordance with accepted conservation practices.

(3) Permanent landscaping shall form a base and/or backdrop to the billboard sign when practical in the opinion of the Planning Director.

(4) No bare earth cuts are permitted on a hillside.

(5) All earth cuts or fills are to be permanently seeded or planted.

E. Lighting.

(1) A billboard with display lighting shall be constructed so that it does not glare upon any adjoining lot.

(2) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the billboard in order to prevent adverse impacts on adjoining properties.

(3) No billboard structure, sign face or display lighting shall move, flash or emit noise. No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties.

(4) The use of colored lighting shall not be permitted, except for an electrically activated changeable sign in the M-1 District and RT District.

F. Maintenance.

(1) A billboard structure shall be painted every three years, unless constructed of an approved corrosive-resistant material.

(2) Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by a qualified engineer and shall provide the Township with a certificate from the engineer certifying that the billboard is structurally sound.

(3) The Township reserves the right to conduct annual inspections of the billboard to determine compliance with the provisions of this chapter.

(4) Billboards found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days after proper notice by the Township. Failure to comply with such notice shall be a violation of this chapter.

(5) Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All paper and other waste materials shall be removed from the site and disposed of properly whenever any sign face is changed.

G. Permits. Prior to submission of an application for a sign permit and building permit, the applicant for a billboard use shall obtain and submit with such application written approvals, when applicable, from the county, PennDOT, and the Federal Aviation Administration (FAA).

H. Nonconforming Billboards. Any existing billboard which does not conform to the requirements of this section shall not be enlarged or moved unless in conformance with all provisions of this section.

§ 27-812 Boarding House.

[Ord. 658, 4/9/2015]

A boarding house shall be a permitted conditional use subject to the following express standards and criteria:

A. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter.

B. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

C. The service of meals shall be limited to residents only.

D. Under no circumstances shall a boarding house have more than 20 residents, unless approved by the Board of Supervisors as part of its decision.

E. The owner and/or manager of the boarding house shall reside therein.

F. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

G. The use shall have frontage on and direct vehicular access to an arterial or collector street.

H. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

I. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

J. The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

K. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter.

L. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

M. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, tenants, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, tenants, customers, visitors, and guests.

N. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-813 Business or Professional Office.

[Ord. 658, 4/9/2015]

A business or professional office shall be a permitted conditional use subject to the following express standards and criteria:

A. Buildings adjacent to a street or driveway shall be located a minimum of 20 feet from the edge of that street or driveway.

B. Primary facades and entrances shall front adjacent streets or public walkways.

C. Bufferyards shall be provided and maintained along the side yards and rear yards in accordance with Bufferyard 1 as defined in § 27-214 of this chapter.

D. The location and orientation of loading and service areas shall be coordinated to minimize conflicts of vehicular and pedestrian circulation.

E. Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

F. Loading areas shall not be visible from the primary entrance of any office use.

G. Outdoor storage shall not be visible from the primary entrance of any office use.

H. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

I. Height of proposed buildings housing nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

J. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

K. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

L. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

M. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

N. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

O. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

P. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

Q. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-814 Business Services.

[Ord. 658, 4/9/2015]

Business services shall be a permitted conditional use subject to the following express standards and criteria:

A. Buildings adjacent to a private street or driveway shall be located a minimum of 20 feet from the edge of such street or driveway.

B. Primary facades and entrances shall front adjacent streets or public walkways.

C. Bufferyards shall be provided and maintained along the side yards and rear yards in accordance with Bufferyard 1 as defined in § 27-214 of this chapter.

D. The location and orientation of loading and service areas shall be coordinated to minimize conflicts between vehicular and pedestrian circulation.

E. Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

F. Loading areas shall not be visible from any business service use.

G. Outdoor storage shall not be visible from the primary entrance of a business service use.

H. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

I. The height of proposed buildings housing nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

J. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

K. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

L. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

M. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-815 Cargo Facility.

[Ord. 658, 4/9/2015]

A cargo facility shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-851 of this chapter.

D. The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on the Pittsburgh International Airport and the adjacent arterial and/or collector street(s).

E. Hours of operation and activities must be appropriately scheduled to protect adjoining properties and the operation of the Pittsburgh International Airport from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

F. No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted on the subject property.

G. The height of proposed buildings and structures that are for nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

H. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

Q. In an effort to encourage high quality development compatible with the research and development character of the RT District, in addition to the above criteria, a cargo facility shall be provided as an incentive conditional use in the RT District, provided the following criteria are met:

(1) Not more than 1/3 of any lot, or in the case of a PNRD the master plan area, may be used for distribution activities.

(2) The street-side walls of any building shall utilize finished materials that incorporate architectural design elements to create continuity with adjacent buildings. Metal siding and uniform, plain split face block cannot be used on the street-side walls of the building. Brick, stone, glass and similar high quality materials are encouraged on the street-side walls.

(3) Street side facades shall incorporate wall plane projections of a recessing nature having a depth of at least 3% of the length of the facade and extending no more than 20% of the length of the facade.

(4) Direct access to the facility shall be provided through streets that service primarily nonresidential traffic. The streets in the RT District that service primarily nonresidential traffic are: Moon Clinton Road, International Drive and any proposed street to access a nonresidential development.

(5) The minimum lot area or PNRD master plan area required for a development that proposes this use is 10 acres.

§ 27-816 Cemetery.

[Ord. 658, 4/9/2015]

A cemetery shall be a permitted conditional use subject to the following express standards and criteria:

A. The minimum lot area shall be 20 acres.

B. A stormwater management plan shall be submitted with the application to show existing and proposed runoff characteristics.

C. Vehicular access and internal traffic circulation shall be designed to ensure safety and minimize impact on local streets. The applicant shall demonstrate that the approval of the proposed use will not significantly increase traffic congestion on adjacent streets.

D. Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the requirements of Part 6 of this chapter.

E. An additional 10 feet of yard setback with a bufferyard a minimum of six feet in height for off-street parking, loading areas, outdoor service areas and storage areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

F. A cemetery in a residential zoning district must provide a Bufferyard 1 as detailed in § 27-214 of this chapter along adjoining properties.

G. At no time shall a corpse be exposed or visible from a street or adjacent lot.

H. The hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from inappropriate noise, dust, odor, vibration, light or other disturbance on interruption as defined by Part 4A of this chapter.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted on the subject property.

M. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-817 Commercial School.

[Ord. 658, 4/9/2015]

A commercial school shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. Bufferyards shall be provided and maintained along the side yards and rear yards in accordance with Bufferyard 1 as defined in § 27-214 of this chapter.

C. A commercial school shall have one point of vehicular access to a collector or arterial street.

D. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

E. At no time shall any training activities and/or supply materials be permitted to be conducted and/or stored outdoors.

F. Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

G. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

H. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

I. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

J. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

K. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

L. The owner and operator of the commercial school shall be responsible for the conduct and safety of the students, employees, visitors, faculty, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the students, employees, visitors, faculty, and guests.

M. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-818 Communications Tower.

[Ord. 658, 4/9/2015]

A communications tower shall be a permitted conditional use subject to the following express standards and criteria:

A. The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower and communications antenna, as applicable.

B. The applicant shall demonstrate that the proposed communications tower and communications antenna proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

C. A communications tower shall comply with all applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and PennDOT Bureau of Aviation regulations and applicable airport zoning regulations, including the AZO Airport Zone Overlay District requirements of Part 3 of this chapter.

D. Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antenna on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable building, structure, or communications tower within a 1/4-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such building, structure, or communication tower apply:

(1) The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure, or communications tower and its reinforcement cannot be accomplished at a reasonable cost.

(2) The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or communications tower and the interference cannot be prevented at a reasonable cost.

(3) Such existing building, structure, or communications tower does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

(4) Addition of the proposed antenna and related equipment would result in electromagnetic radiation from such building, structure, or communications tower exceeding applicable standards established by the Federal Communications Commission (FCC) governing human exposure to electromagnetic radiation.

(5) A commercially reasonable agreement could not be reached with the owners of such building, structure, or communications tower.

E. Access shall be provided to the communications tower and communications equipment structure in accordance with the standards of Parts 4 and 5 of the Subdivision and Land Development Ordinance [Chapter 22]; provided, however, an unmanned communications tower shall be provided with access from the right-of-way of a public street or private street, which is constructed and maintained to the requirements of § 22-504, Subsection 13, of the Subdivision and Land Development Ordinance [Chapter 22], via an access road that is at least 12 feet in width and improved with non-impervious surface material and otherwise of a design acceptable to the Township Engineer. Except as provided in this subsection, the standards, requirements and restrictions of Parts 4 and 5 of the Subdivision and Land Development Ordinance [Chapter 22] shall apply regardless of whether or not the communications tower and/or communications equipment structure is considered to constitute a subdivision or land development.

F. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function. For any proposed communications tower with a height in excess of 100 feet, the applicant shall deposit with the Township an engineering review deposit as may be deemed appropriate by the Township Engineer, which deposit shall be in addition to any other required application and/or engineering fees. This deposit shall be used by the Township to retain an independent, certified engineer knowledgeable in the field of communications towers to review the application and to express an opinion as to the minimum height necessary for the proposed communications tower to perform its function. In the event that the fees actually incurred for said engineering review exceed the amount of the deposit, the applicant shall tender payment of the balance owed. In the event that the fees actually incurred for said engineering review are less than the amount of the deposit, the balance shall be refunded and/or credited to the applicant.

G. The foundation and base of any communications tower shall be set back from any lot lines (including lease parcel lines), occupied buildings and public streets, a distance equivalent to the height of the proposed communications tower.

H. The maximum height of any communications tower shall be 250 feet. Regardless of height, all communications towers shall remain subject to the setback requirements of Subsection 1G above.

I. There shall be a maximum of one communications tower per lot, regardless of lease lines.

J. The base of a communications tower shall be landscaped with a minimum of a Bufferyard 3 pursuant to the requirements of § 27-214 of this chapter so as to screen the foundation and base and communications equipment structure from abutting properties. As part of its decision, the Board of Supervisors may establish further bufferyard and screening requirements in order to ensure adequate screening of the foundation and base of the communications tower and any communications equipment structures from abutting properties. A landscape plan shall be required in accordance with the requirements of this chapter and the Subdivision and Land Development Ordinance.

K. The communications equipment structure shall comply with the yard, height, and other requirements and restrictions applicable to a principal structure located in the same zoning district.

L. The applicant shall submit certification from a Pennsylvania registered professional engineer that any proposed communications tower will be designed and constructed in accordance with the current "structural standards for steel antenna towers and antenna supporting structures" published by the Electrical Industrial Association/Telecommunications Industry Association and the Construction Code [Chapter 5, Part 1].

M. The applicant shall submit a copy of its current Federal Communications Commission (FCC) license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and any communications antenna located thereon.

N. All guy wires associated with a guyed communications tower shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

O. The site of a communications tower shall be secured by a fence with a minimum height of eight feet and containing only self-latching gates to limit accessibility by the general public.

P. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), or other governmental agency that has jurisdiction.

Q. A communications tower shall be protected and maintained in accordance with the requirements of the Construction Code [Chapter 5, Part 1] and the Property Maintenance Code [Chapter 5, Part 2] and other applicable Township ordinances.

R. If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

S. Two off street parking spaces shall be provided within the fenced area.

T. All communications tower structures shall be fitted with anti-climbing devices as recommended by the communications tower manufacturer for the type of installation proposed.

U. The lot on which the communications tower is located shall comply with the lot, yard and bulk requirements of the zoning district in which the lot is located and § 27-213, Subsection 13, of this chapter.

V. Communications towers shall obtain subdivision and land development plan approval from the Township as required by the Subdivision and Land Development Ordinance [Chapter 22].

W. The installation of additional antennas on an existing communications tower shall not require conditional use approval provided that the communications tower is structurally designed to hold the additional weight of the additional antennas.

§ 27-819 Conference and Training Center.

[Ord. 658, 4/9/2015]

A conference and training center shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. The site shall have direct vehicular access from an arterial or collector street.

D. To ensure employee and visitor safety, the number of vehicular access points shall be determined by the Township Engineer based upon the projected peak hour traffic defined in the traffic impact study.

E. No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.

F. Dumpsters shall be screened from view by landscaping, opaque fencing or a combination of both.

G. Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

H. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

M. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

N. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-820 Correctional Facility.

[Ord. 658, 4/9/2015]

A correctional facility shall be a permitted conditional use subject to the following express standards and criteria:

A. An applicant shall apply for all applicable federal, state, and county permits prior to filing the conditional use application. Copies of all such application materials shall be submitted with the conditional use application. No correctional facility use shall be initiated until all applicable federal, state, and county permits have been obtained for the subject facility and proof of such permits have been provided to the Township.

B. Parking facilities for staff and visitors shall be in accordance with Part 6 and Table 27-10 (Minimum Parking and Loading Requirements) of this chapter.

C. All parking areas shall be screened from view from streets.

D. Lighting shall be required throughout the property for safety purposes. Such lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

E. All structures shall be setback a minimum of 150 feet from all lot lines.

F. Such use shall not be located within 500 feet of any residential zoning district or residential use.

G. All lots shall have a minimum size of 10 acres.

H. Vehicular access shall be from arterial or collector streets only.

I. An evacuation plan shall be submitted for review and approval by the Township Emergency Management Coordinator.

J. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter.

K. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

L. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, inmates, residents, and visitors and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, inmates, residents, and visitors.

M. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-821 Country Club/Golf Course.

[Ord. 658, 4/9/2015]

A country club/golf course shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. The hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption.

D. The owner and operator of the facility shall be responsible for the conduct and safety of the members, employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the members, employees, visitors, and guests.

E. Any storage of petroleum products, hazardous materials, or potentially hazardous materials shall conform with all applicable federal, state, county and Township laws, statutes, regulations, and resolutions, including but not limited to the regulations and any permit requirements of the EPA and DEP. No petroleum products or hazardous materials shall be buried or disposed of on the subject property.

F. A country club/golf course in a residential zoning district must provide a Bufferyard 1 as detailed in § 27-214 of this chapter along adjoining properties.

G. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

H. The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

I. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

J. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

K. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-822 Cultural Center.

[Ord. 658, 4/9/2015]

A cultural center shall be a permitted conditional use subject to the following express standards and criteria:

A. The display of live animals is not permitted.

B. The minimum lot size shall be 20 acres.

C. The total gross floor area of all buildings comprising the cultural center shall not exceed 12,000 square feet.

D. The sale of goods is prohibited, except for an accessory gift shop not exceeding the lesser of 1,200 square feet or 10% of the total gross floor area of all buildings comprising the cultural center.

E. Bufferyards shall be provided and maintained in accordance with Bufferyard 1 as defined in § 27-214 of this chapter along adjoining property lines.

F. The location and orientation of loading and service areas shall be coordinated to minimize conflicts between vehicular and pedestrian circulation.

G. Off-street parking and loading shall be provided and maintained in accordance with a Township-approved parking needs analysis. See § 27-602, Subsection 4, of this chapter.

H. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

M. The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

N. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

O. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

P. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, members, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, members, customers, visitors, and guests.

Q. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-823 Distribution Center.

[Ord. 658, 4/9/2015]

A distribution center shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-851 of this chapter.

D. The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on the Pittsburgh International Airport and the adjacent arterial and/or collector street(s).

E. Hours of operation and activities must be appropriately scheduled to protect adjoining properties and the operation of the Pittsburgh International Airport from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

F. No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted on the subject property.

G. The height of proposed buildings and structures that are for nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

H. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

Q. In an effort to encourage high quality development compatible with the research and development character of the RT District, in addition to the above criteria, a distribution center shall be provided as an incentive conditional use in the RT District, provided the following criteria are met:

(1) Not more than 1/3 of any lot, or in the case of a PNRD the master plan area, may be used for distribution activities.

(2) The street-side walls of any building shall utilize finished materials that incorporate architectural design elements to create continuity with adjacent buildings. Metal siding and uniform, plain split face block cannot be used on the street-side walls of the building. Brick, stone, glass and similar high quality materials are encouraged on the street-side walls.

(3) Street side facades shall incorporate wall plane projections of a recessing nature having a depth of at least 3% of the length of the facade and extending no more than 20% of the length of the facade.

(4) Direct access to the facility shall be provided through streets that service primarily nonresidential traffic. The streets in the RT District that service primarily nonresidential traffic are: Moon Clinton Road, International Drive and any proposed street to access a nonresidential development.

(5) The minimum lot area or PNRD master plan area required for a development that proposes this use is 10 acres.

§ 27-824 Dog Day Care.

[Added by Ord. No. 698, 8/2/2023[1]]

A dog day care shall be a permitted conditional use subject to the following express standards and criteria:

A. Indoor facilities must be cleaned a minimum of three times per day by trained employees using canine-safe products that are OSHA compliant.

B. Individual HVAC units installed with devices designed to reduce odors safely and efficiently, as well as complete air change in all dog spaces at least once every 15 minutes.

C. Any dogs staying at the facility must be up to date on all vaccine requirements in addition to being spayed or neutered at the appropriate time.

D. Certified employees will complete dog evaluation to ensure each dog is ready for dog day care. Certified employees will also evaluate the dogs' size and temperament for appropriate placement in each of the playrooms.

E. No more than 25% of the indoor square footage may be dedicated to boarding services, and dogs being boarded on site must be day care members.

F. The facility shall be constructed so that direct unaccompanied access by animals to outside areas of the buildings is not allowed.

G. Animals must be accompanied by a facility employee or pet owner at all times when outside the building. All walks and exercise periods must take place in facility grounds.

H. When located adjacent to a residential district every building and every outdoor animal exercise run shall be set back at least 50 feet from the closest residential lot line.

I. Outdoor areas are not to be used for boarding. Outdoor areas are only used for canine socialization and are required to be cleaned at least two times per business day. An animal waste management plan will be submitted to the Township prior to the final approval of any building permits.

J. In addition to the requirements of § 27-404, Noise, all sounds emerging from the operations of any business, whether steady sounds or intermittent sounds are repeated and regular intervals, shall not exceed a sound level, through any shared wall, that is 65 decibels or greater as specified in Subsection 1B of § 27-404.

K. The owner and operator of the facility shall require canine coach certifications, for all persons interacting with dogs, to meet the standards recommended by a credited canine organization, such as, but not limited to, IAABC (International Association of Animal Behavior Consultants) and/or CCPDT (Certification Council of Professional Dog Trainers).

[1] Editor's Note: This ordinance also redesignated former §§ 27-824 through 27-871 as §§ 27-825 through 27-872, respectively.

§ 27-825 Dormitory.

[Ord. 658, 4/9/2015]

A dormitory shall be a permitted conditional use subject to the following express standards and criteria:

A. Residents shall be limited to faculty, staff, enrolled students, or authorized visitors only.

B. The service of meals, if provided, shall be limited to faculty, staff, enrolled students and authorized visitors only.

C. All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.

D. Means of ingress and egress shall meet requirements as outlined in the Construction Code [Chapter 5, Part 1].

E. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

F. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

G. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

H. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

I. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter.

J. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

K. The owner and operator of the facility shall be responsible for the conduct and safety of the students, employees, visitors, faculty, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the students, employees, visitors, faculty, and guests.

L. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-826 Driving Range.

[Ord. 658, 4/9/2015]

A driving range (including a par 3 golf course) shall be a permitted conditional use subject to the following express standards and criteria:

A. Minimum lot area shall be 25 acres.

B. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter.

C. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

D. Hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption.

E. Any storage of petroleum products, hazardous materials, or potentially hazardous materials shall conform with all applicable federal, state, county and Township laws, statutes, regulations, and resolutions, including but not limited to the regulations and any permit requirements of the EPA and DEP. No petroleum products or hazardous materials shall be buried or disposed of on the subject property.

F. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

G. The use shall not generate noise in excess of 75 dB(A) at the lot line between the hours of 10:00 p.m. and 7:00 a.m., prevailing time. For purposes of this section, this noise restriction shall be measured from any lot line of property owned by a person or entity other than the owner of the subject facility. Outdoor speakers shall not be used between the hours of 10:00 p.m. and 7:00 a.m., prevailing time, unless another time is established by the Board of Supervisors as part of a conditional use decision for a specific use. The volume and direction of outdoor speakers shall be regulated to minimize impact on adjacent properties. As part of its decision, the Board of Supervisors may prohibit and/or further regulate outdoor speakers in order to prevent adverse impacts on adjoining properties.

H. Any outdoor facility within 300 feet of an existing dwelling shall cease operations by no later than 10:00 p.m., prevailing time, unless another time period is established by the Board of Supervisors as part of a conditional use decision for a specific use.

I. Operations shall be regulated so that nuisances, such as visual blight, glare and noise as defined by Part 4A of this chapter, shall not be created.

J. Any use which includes eating or drinking facilities (excluding an enclosed concession stand that has a maximum gross floor area of 1,000 square feet) shall be subject to the parking requirements of that use in addition to the parking requirements for the facility.

K. The use shall have frontage on and direct vehicular access to an arterial or collector street.

L. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

M. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

N. A traffic impact study shall be required when determined necessary by the Township Traffic Engineer based upon a review of the proposed development, the scope of anticipated traffic and the traffic issues on adjacent streets. Any required traffic impact study shall comply with § 27-522 of this chapter.

O. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

P. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

Q. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-827 Exposition Hall.

[Ord. 658, 4/9/2015]

An exposition hall shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. The site shall have direct vehicular access from an arterial or collector street.

D. To ensure employee and visitor safety, the number of vehicular access points shall be determined by the Township Engineer based upon the projected peak hour traffic defined in the traffic impact study.

E. No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.

F. Dumpsters shall be screened from view by landscaping, opaque fencing or a combination of both.

G. Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

H. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

M. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

N. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

O. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-828 Farmers Market.

[Ord. 658, 4/9/2015]

A farmers market shall be a permitted conditional use subject to the following express standards and criteria:

A. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter.

B. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

C. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

D. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

E. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 27-829 Flex Space.

[Ord. 658, 4/9/2015; as amended by Ord. No. 702, 5/29/2024]

1. Flex space shall be a permitted conditional use subject to the following express standards and criteria:

A. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for off-street parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

B. The height of proposed buildings and structures that are for nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

C. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

D. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

E. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

F. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

G. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

H. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

I. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

J. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

K. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

L. Flex space in the BP District shall meet the following criteria:

(1) Not more than 60,000 square feet of any building may be devoted to flex space.

(2) Direct access to flex space shall be provided through streets that service primarily commercial traffic. The streets in the BP District that service primarily commercial traffic are: Portvue Drive, Cherrington Parkway, Ewing Road, Market Place Boulevard and Hookstown Grade Road.

(3) Each flex space shall have a minimum of 2/3 of its exterior wall area faced with brick, stone and/or glass, exclusive of windows.

(4) Flex space facades shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending 20% of the length of the facade. No uninterrupted length of any facade shall exceed 50 horizontal feet.

(5) No less than 35% of the flex space shall be dedicated to an office use.

(6) Flex space use shall be conducted entirely within an enclosed building.

(7) The flex space exterior wall height shall not exceed 30 feet.

(8) Loading docks are permitted at one per 10,000 square feet of gross floor area and there can be no more than six loading docks in a single building.

(9) No more than 25% of the flex space may be dedicated to warehousing.

§ 27-830 Freight Terminal.

[Ord. 658, 4/9/2015]

A freight terminal shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-851 of this chapter.

D. The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on the Pittsburgh International Airport and the adjacent arterial and/or collector street(s).

E. Hours of operation and activities must be appropriately scheduled to protect adjoining properties and the operation of the Pittsburgh International Airport from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

F. No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted on the subject property.

G. The height of proposed buildings and structures that are for nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

H. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-831 Fuel Sales.

[Ord. 658, 4/9/2015]

Fuel sales shall be a permitted conditional use subject to the following express standards and criteria:

A. Fuel sales, as defined by this chapter, shall be permitted only when accessory to a principal use identified as a permitted use or conditional use in the subject zoning district under this chapter.

B. The minimum lot area for fuel sales shall be 20,000 square feet.

C. The facility shall have direct vehicular access to a collector or arterial street, as defined by this chapter, or shall have a point of vehicular access from a street within the lot of a shopping center.

D. A canopy over the fuel dispensers shall be permitted; provided, that:

(1) The canopy is not attached to the principal building.

(2) The canopy shall not be enclosed.

(3) The canopy shall be located a minimum of 10 feet from any property line or street right-of-way line.

(4) The canopy shall be removed immediately if fuel sales are discontinued.

E. Off-street parking for the facility shall comply with Part 6 of this chapter.

F. Fuel dispensers shall be located at least 20 feet from the edge of any street right-of-way.

G. All fuel and other flammable substances shall be stored at least 25 feet from any property line.

H. Hours of operation must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 10:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-832 Group Care Facility.

[Ord. 658, 4/9/2015]

A group care facility shall be a permitted conditional use subject to the following express standards and criteria:

A. The number of residents shall be limited to no more than 14 persons, excluding supervisory adults and the children of supervisory adults.

B. Minimum lot area and yard setbacks shall be as described in Part 2 for the zoning district wherein the property is located. However, these dimensions may be reduced by the Board of Supervisors when the building proposed to house such a facility is an existing building which has been established as appropriate for such an institution through a pre-existing use.

C. On-site parking facilities shall be provided at the ratio of one stall for every two full-time staff members and an additional stall for every five residents who are eligible and are permitted by the sponsor to operate a vehicle.

D. The applicant shall file a detailed statement of intent describing the proposed use of the dwelling or building, which statement shall detail the proposed number and nature of the anticipated residents and occupants.

E. Where applicable, a license or certification shall be obtained from the Commonwealth of Pennsylvania or county prior to the issuance of a certificate of occupancy. In the event that an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the Board of Supervisors that the proposal satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.

F. The operator of the facility shall provide the Township with a floor plan, drawn to scale, clearly delineating all rooms or sleeping areas, all points of ingress and egress to the facility and the interior circulation plan indicating the flow of traffic on the site and primary point or points of vehicular access.

G. A change in ownership or operators of the facility shall constitute a new use requiring conditional use approval as outlined in this section.

H. The use and building(s) shall comply with the Construction Code [Chapter 5, Part 1].

I. In order to prevent the concentration of such uses in a neighborhood and to avoid impacting existing residences, no facility shall be located within 1,000 feet of another group care facility or nursing home, as measured from lot line to lot line.

J. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

K. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

L. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

M. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

N. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

O. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-833 Heavy Manufacturing.

[Ord. 658, 4/9/2015]

Heavy manufacturing shall be a permitted conditional use subject to the following express standards and criteria:

A. The by-products of the processing activities shall not be considered hazardous materials or substances as defined by the Allegheny County Health Department, the Environmental Protection Agency (EPA), and/or the Federal Emergency Management Agency (FEMA).

B. Storage of all hazardous materials and substances used to process or manufacture products shall comply with all applicable federal, state, and county standards for use and removal:

(1) Cement, lime, gypsum or plaster of Paris manufacturing.

(2) Commercial fertilizer manufacturing.

(3) Gasoline processing and oil refining.

(4) Glue, size or gelatin manufacturing.

(5) Smelting of aluminum, tin, copper, zinc or iron ores.

(6) Meat and poultry processing.

(7) Rubber or gutta-percha manufacturing or processing.

(8) Paper or pulp manufacturing.

(9) Tanning, curing or storage of raw hides.

C. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

D. Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

E. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

F. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

G. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

H. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

I. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-834 Home Occupation.

[Ord. 658, 4/9/2015]

A home occupation shall be a permitted conditional use subject to the following express standards and criteria:

A. There shall be no exterior evidence of the business activity or use other than the home occupation identification sign authorized by Part 7 of this chapter.

B. No more than one employee shall be employed by the business in addition to residents of the dwelling. For the purposes of this section, "employee" shall be defined as one who receives compensation for any kind of services performed in association with the home occupation. This compensation can be in the form of monetary compensation, rent, or other compensatory consideration.

C. No more than 25% of the gross floor area of the dwelling shall be devoted to the conduct of a home occupation.

D. The home occupation shall be conducted entirely within the dwelling. The home occupation shall not be conducted in any accessory structure.

E. The use shall be compatible with the residential dwelling use of the property and surrounding residential uses. The use shall not change the residential character of the dwelling.

F. 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 an average residence in the neighborhood.

G. The use shall comply with the performance standards specified in Part 4A of this chapter.

H. The use shall not require internal or external alterations or construction features which change the fire rating or use classification of the structure under the Construction Code [Chapter 5, Part 1].

I. 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.

J. There shall be no storage of materials or equipment outside an enclosed building.

K. The conduct of any home occupation including, but not limited to, the storage of goods or equipment, shall not reduce or render unusable areas required for enclosed parking for the dwelling unit.

L. The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.

M. All needs for parking generated by the conduct of a home occupation shall be provided for on the subject lot.

N. The business activity or use shall not involve the use of vehicles in excess of one ton capacity or 9,000 pounds gross vehicle weight for delivery of materials to or from the premises, and such vehicles shall not be parked on the premises.

O. There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for pickup and/or delivery.

P. The use shall not involve the use of advertising signs on or off the premises which shall call attention to the fact that the dwelling is being used for home occupation purposes.

Q. The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:

(1) Animal hospitals.

(2) Automobile sales, rental, service and repair shops.

(3) Beauty shops and barbershops containing more than one chair.

(4) Medical clinics, medical offices, hospitals, nursing homes, group care facilities.

(5) Kennels.

(6) Funeral homes.

(7) Private clubs.

(8) Private instruction to more than three students at a time.

(9) Restaurants.

(10) Keeping of horses.

R. A child day care home, as defined by this chapter, may be considered a home occupation; provided, that:

(1) All of the foregoing standards of a home occupation are met.

(2) Evidence of licensing by the commonwealth shall be presented at the time of application and all such necessary licenses shall be maintained throughout operation of the child day care home.

(3) An adequate area for outdoor recreation shall be provided and shall be secured with a fence with a self-latching gate.

(4) A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.

(5) The child day care home must comply with the requirements of § 27-514 of this chapter and the applicable sections of the Construction Code [Chapter 5, Part 1].

S. Any approved home occupation which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.

§ 27-835 Hospital.

[Ord. 658, 4/9/2015]

A hospital shall be a permitted conditional use subject to the following express standards and criteria:

A. Minimum lot area and yard setbacks shall be as described in Part 2 of this chapter for the zoning district in which the subject property is located.

B. Safe areas for discharging and picking up patients shall be provided.

C. Air transport operations planning shall be coordinated with the Allegheny County Airport Authority, the Pittsburgh International Airport, and any other applicable governmental agencies.

D. Parking facilities shall be provided at the ratio of one parking space for each employee and staff member on peak shift and one additional parking space for each bed. Additional parking spaces shall be provided to satisfy ADA requirements for medical care facilities.

E. A hospital's height shall not exceed 75 feet and shall not pose a hazard to the operations of the Pittsburgh International Airport.

F. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

G. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

H. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

I. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

J. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

K. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

L. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-836 Hotel/Motel.

[Ord. 658, 4/9/2015]

A hotel/motel shall be a permitted conditional use subject to the following express standards and criteria:

A. Service of meals and/or beverages must be secondary to the principal use of room or suite rental.

B. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

C. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

D. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

E. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

F. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

G. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

H. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

I. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-837 International Trade Center.

[Ord. 658, 4/9/2015]

An international trade center shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. The site shall have direct vehicular access from an arterial or collector street.

D. To ensure employee and visitor safety, the number of vehicular access points shall be determined by the Township Engineer based upon the projected peak hour traffic defined in the traffic impact study.

E. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

F. Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

G. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

H. No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.

I. Dumpsters shall be screened from view by landscaping, opaque fencing or a combination of both.

J. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

K. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

L. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, attendees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, attendees, customers, visitors, and guests.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-838 Junkyard.

[Ord. 658, 4/9/2015]

A junkyard shall be a permitted conditional use subject to the following express standards and criteria:

A. Persons who intend to operate a junkyard must obtain a license from the Township and such other approvals pursuant to the Junkyard License Ordinance [Chapter 13, Part 4].

B. The use and development of the subject property shall comply with all requirements of the Junkyard License Ordinance [Chapter 13, Part 4].

C. The minimum lot size shall be 10 acres.

D. The premises shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

E. Any storage of garbage, petroleum products, hazardous materials, or potentially hazardous materials shall conform with all applicable federal, state, county and Township laws, statutes, regulations, and resolutions, including but not limited to the regulations and any permit requirements of the EPA and DEP. No garbage, petroleum products, or hazardous materials shall be buried or disposed of on the subject property.

F. The manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for firefighting and to prevent the accumulation of stagnant water.

G. Junkyards shall comply with the performance standards of Part 4A of this chapter.

H. No junk shall be stored or accumulated and no structure shall be constructed within 100 feet of any residential lot or within 40 feet of any property line or street right-of-way line.

I. The fence required by the Junkyard License Ordinance [Chapter 13, Part 4] shall be supplemented with screening material which creates a visual barrier that is 100% opaque. Grass, sod, lawn, or turf shall not be considered an adequate plant for use within any landscaped bufferyard.

J. The manner of storage of junk shall be arranged in such a fashion that it shall not be higher than the adjacent fence.

K. All property lines adjoining a residential use or residential zoning district classification shall provide Bufferyard 1 as required by § 27-214 of this chapter. All property lines adjoining a nonresidential use or nonresidential zoning district classification shall provide Bufferyard 2 as required by § 27-214 of this chapter.

L. Any junkyard found to be in violation of this chapter shall be subject to the enforcement penalties referenced in Part 14 of this chapter and/or the Junkyard License Ordinance [Chapter 13, Part 4].

M. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-839 Kennel.

[Ord. 658, 4/9/2015]

A kennel shall be a permitted conditional use subject to the following express standards and criteria:

A. Kennel uses shall be located at least 100 feet from any property line adjoining a residential use or zoning district and at least 50 feet from any other property line.

B. The minimum lot area required for the use shall be two acres.

C. All outdoor kennel facilities (including, but not limited to, runs, pens, coops and similar facilities) shall be:

(1) Constructed for easy cleaning.

(2) Adequately secured by a fence, with a self-latching gate, and otherwise fully enclosed to ensure that a cat or any other animal is not able to climb or jump out of the enclosed area.

(3) Screened by a six-foot high compact vegetative screen or 100% opaque fence on all sides which are visible from any street or residential property.

D. If adjacent properties are developed for single-family dwellings, the kennel shall be soundproofed to minimize noise impact on adjacent properties.

E. The kennel shall be licensed by the Commonwealth of Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department shall be maintained.

F. At no time shall the animals be permitted to run loose on the property other than in a completely enclosed area as described in Subsection 1C above.

G. This use shall be subject to periodic inspections to insure compliance with the conditions of approval.

H. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

I. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, customers, visitors, and guests.

J. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-840 Laboratory.

[Ord. 658, 4/9/2015]

A laboratory shall be a permitted conditional use subject to the following express standards and criteria:

A. The laboratory area shall not exceed a maximum of 15,000 square feet of gross floor area.

B. The gross floor area of the laboratory shall not exceed 40% of the gross floor area of the building containing such laboratory.

C. Laboratories that store Environmental Protection Agency (EPA) regulated substances with Reportable Quantities over 100 lbs. are prohibited.

D. Laboratories that store EPA regulated substances with reportable quantities equal to or less than 100 lbs., which are also liquids or gases at ambient conditions, in quantities greater than the respective reportable quantity are prohibited.

E. Laboratories with the following then current North American Industry Classification System ("NAICS") categories are prohibited: (1) All Other Animal Production (Code 112990); (2) Biological Testing Laboratories or Services (under Code 541380); (3) Veterinary Testing Laboratories (Code 541940); and (4) Laboratory Equipment Manufacturing (Code 339113).

F. Laboratories shall be designated by the owner with applicable NAICS categories.

G. The design of the structure containing the laboratory shall follow the development standards for uses in the BP District.

H. The Board of Supervisors shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration the location and orientation of the laboratory's probable traffic generation, parking needs, generation of noise, dust, odor, vibration, pollution, light or other disturbance or interruption.

I. The laboratory shall be located in a Township-approved Planned Nonresidential Development (PNRD).

J. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

K. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

L. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

M. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

N. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

O. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

P. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

Q. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-841 Landscaping Center.

[Ord. 658, 4/9/2015]

A landscaping center shall be a permitted conditional use subject to the following express standards and criteria:

A. Bufferyards shall be provided and maintained along the side yards and rear yards in accordance with Bufferyard 1 as defined in § 27-214 of this chapter.

B. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

C. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

D. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

E. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

F. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

G. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

H. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-842 Light Manufacturing.

[Ord. 658, 4/9/2015]

Light manufacturing shall be a permitted conditional use subject to the following express standards and criteria:

A. All materials and equipment shall be stored within a completely enclosed building.

B. The use shall comply with all performance standards specified in Part 4A of this chapter.

C. The storage, use or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the light manufacturing activity, and the transportation, handling, use and disposal of such materials shall conform with all applicable regulations and permit requirements of the Environmental Protection Agency (EPA) and Department of Environmental Protection (DEP).

D. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

E. Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

F. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

G. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

H. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

I. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

J. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-843 Massage Therapy Establishment.

[Ord. 658, 4/9/2015]

A massage therapy establishment shall be a permitted conditional use subject to the following express standards and criteria:

A. State or national certification from one of the following entities shall be required for all employees, excluding administrative staff: National Certification Board for Therapeutic Massage and Bodywork; American Massage Therapy Association; Association of Bodywork and Massage Practitioners; National Certification Commission for Acupuncture and Oriental Medicine; International Massage Association; or a Board of Supervisors approved equivalent. In addition, all employees, excluding administrative staff, must have at least 500 hours of professional training.

B. Hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate the hours of operation for the facility in order to prevent adverse impacts on adjoining properties.

C. The facility shall operate in compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department.

D. A massage therapy establishment shall be initially licensed, where it has met the applicable requirements set forth in the Moon Township Code of Ordinances, through December 31 of the year in which the license is issued. For each year thereafter that the massage therapy establishment intends to continue as a massage therapy establishment, it must seek from the Township Manager a renewal of this license. The application for renewal must be received by the Township Manager no later than November 1 of the year preceding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Township to deny or revoke an occupancy permit to a massage therapy establishment.

E. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

F. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

G. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

H. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

I. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-844 Medical Clinic.

[Ord. 658, 4/9/2015]

A medical clinic shall be a permitted conditional use subject to the following express standards and criteria:

A. Bufferyards shall be provided and maintained along the side yards and rear yards in accordance with Bufferyard 1 as defined in § 27-214 of this chapter.

B. Facilities and equipment to support overnight boarding shall not be permitted.

C. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter.

D. The facility and use shall be licensed by the appropriate departments and/or agencies of the Commonwealth of Pennsylvania. Said valid license and all appropriate documentation shall be submitted to the Township.

E. The facility and use shall be conducted in a manner that does not violate any provisions of this chapter or any other federal, state, county, Township statute, law, regulations, ordinance and/or resolution.

F. The facility and use shall be staffed during all hours of operation by personnel licensed by the Pennsylvania Department of Health.

G. The applicant shall provide a community impact analysis consisting of the following information:

(1) Hours of operation.

(2) Patient treatment capacity.

(3) Average daily patient visits.

(4) Average number of daily vehicle trips estimated to be generated by the facility, with peak-hour vehicle trip ends identified.

(5) Any and all public transportation connections that may serve the facility.

(6) Estimated level of emergency (police, fire, ambulance, etc.) calls on a monthly basis generated by the facility.

(7) Documentation concerning all personnel, licensed by the Pennsylvania Department of Health. Any change in this information to any such approved use shall be reported to the Township within 30 days.

(8) Any and all security measures to be instituted within the facility.

(9) Any and all security measures to be instituted on the lot or parcel.

H. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

I. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

J. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

K. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

L. Hours of operation must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption.

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-845 Medical Office.

[Ord. 658, 4/9/2015]

A medical office shall be a permitted conditional use subject to the following express standards and criteria.

A. Bufferyards shall be provided and maintained along the side yards and rear yards in accordance with Bufferyard 1 as defined in § 27-214 of this chapter.

B. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter.

C. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

D. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

E. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

F. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

G. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

H. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

I. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, patients, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, patients, visitors, and guests.

J. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-846 Mixed-Use Development.

[Ord. 658, 4/9/2015]

A mixed-use development shall be a permitted conditional use subject to the following express standards and criteria, in addition to the express standards and criteria referenced in this chapter for any individual use that is a part of the mixed-use development:

A. Buildings shall be located a minimum of 30 feet apart.

B. Buildings and structures shall be designed to minimize conflicts between uses, to minimize impacts on adjacent residential properties, and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

C. Buildings adjacent to a street or driveway shall be located a minimum of 20 feet from the edge of the street or driveway.

D. Height of proposed buildings housing nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

E. Primary building facades and entrances shall front adjacent streets or public walkways.

F. Only uses designated as permitted or conditional uses within the MX Mixed-Use District, pursuant to § 27-205 and Table 27-1 (Use Table) of this chapter, shall be permitted within the mixed-use development.

G. Off-street parking and loading shall be provided and maintained in accordance with a Township-approved parking needs analysis. See § 27-602, Subsection 4, of this chapter.

H. The pro-rata share of handicapped spaces required by the development shall be provided as close as practical to each use's primary entrance.

I. The location and orientation of loading and service areas shall be coordinated to minimize conflicts of vehicular and pedestrian circulation.

J. Loading areas shall not be visible from the primary entrance of any nonresidential use.

K. Outdoor storage shall not be visible from the primary entrance of any nonresidential use.

L. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

M. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

N. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

O. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

P. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter.

Q. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

R. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-847 Mixed-Use Educational Development.

[Ord. 658, 4/9/2015]

A mixed-use educational development shall be a permitted conditional use subject to the following express standards and criteria, in addition to the express standards and criteria referenced in this chapter for any individual use that is a part of the mixed-use educational development:

A. Buildings and structures shall be designed to minimize conflicts between uses, to minimize impact on adjacent residential properties, and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

B. The university/college, at its own expense, shall provide transportation for students to and from any dormitory located in the mixed-use educational development and its main campus at reasonable times determined by the university/college. The primary drop-off and pick-up area shall be located on-site in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

C. The university/college, at its own expense, shall provide police services for the portion of the mixed-use educational development site utilized for university/college purposes.

D. Off-street parking and loading shall be provided and maintained in accordance with a Township-approved parking needs analysis. See § 27-602, Subsection 4, of this chapter.

E. The pro-rata share of handicapped spaces required by the development shall be provided as close as practical to each use's primary entrance.

F. Loading areas shall not be visible from the primary entrance to the development or from neighboring residential properties.

G. The development's vehicular circulation system shall be designed to minimize conflicts of vehicular and pedestrian circulation.

H. Outdoor storage shall not be permitted.

I. Where the development abuts a residential zoning district, an additional 10 feet of yard setback shall be devoted to provide a total fifty-foot bufferyard that complies with the requirements of § 27-214 of this chapter.

J. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

K. The owner and operator of the proposed development shall be responsible for the conduct and safety of the employees, visitors, students, faculty, staff, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, visitors, students, faculty, staff and/or guests at the mixed-use educational development.

L. Primary vehicular access to the mixed-use educational development shall be from an arterial street only, and a secondary vehicular access may be permitted from an arterial or collector street subject to approval of the Board of Supervisors.

M. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

N. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter.

O. At least 75% of a first floor of any building that is used for a mixed-use educational development and located within 200 feet of an arterial street or collector street shall be dedicated to any of the following nonresidential uses, or combination thereof:

(1) Business or professional office.

(2) Financial institution.

(3) Neighborhood convenience store.

(4) Personal services.

(5) Restaurant.

(6) Retail store.

P. No dwelling unit or dormitory room shall be located in a basement or a first floor of a building that is used for a mixed-use educational development. However, dormitory rooms may be located on the first floor of a building constructed prior to July 1, 2013.

Q. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

R. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-848 Nightclub.

[Ord. 658, 4/9/2015]

A nightclub shall be a permitted conditional use subject to the following express standards and criteria:

A. The nightclub operations shall cease between the hours of 2:00 a.m. and 7:00 a.m. prevailing time (unless more restrictive nonoperating hours are established by the Board of Supervisors in its conditional use decision), and the establishment shall not be open to the public during those hours.

B. The owner and operator of the facility shall provide private security at a ratio of one private security guard for every 25 guests, unless another ratio is established by the Board of Supervisors in its conditional use decision.

C. All nightclub operations shall be conducted within an enclosed building, and all doors and windows shall remain closed during the hours that the nightclub is open for operation.

D. The facility entrances and exits (excluding emergency exits) which face adjacent residential dwellings and/or residential zoned properties shall have a vestibule with a second door to minimize noise impacts to adjacent residential dwellings and properties.

E. No nightclub shall be permitted within 500 feet of an adult oriented business and/or another nightclub, as measured from lot line to lot line.

F. The nightclub operations shall not cause or create a nuisance including, but not limited to, excessive noise levels.

G. The owner and operator shall provide the Township with a floor plan of the facility drawn to scale and which clearly delineates all rooms and improvements, all points of ingress and egress within the facility, and all emergency exits and an interior circulation plan indicating the flow of traffic on the site and primary point or points of vehicular access.

H. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

I. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

J. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

K. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

L. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

M. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

N. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, customers, visitors, and guests.

O. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-849 Nonresidential Recreation Facility.

[Ord. 658, 4/9/2015]

A nonresidential recreation facility shall be a permitted conditional use subject to the following express standards and criteria:

A. Nonresidential recreation facility uses are specifically limited to the following:

(1) Batting cages.

(2) Gymnastics/tumbling center.

(3) Ice hockey rink.

(4) Ice or roller skating rink.

(5) Miniature golf course.

(6) Street hockey rink.

(7) Swimming pool.

B. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

C. The use shall not generate noise in excess of 75 dB(A) at the lot line between the hours of 10:00 p.m. and 7:00 a.m., prevailing time. For purposes of this section, this noise restriction shall be measured from any lot line of property owned by a person or entity other than the owner of the subject facility. Outdoor speakers shall not be used between the hours of 10:00 p.m. and 7:00 a.m., prevailing time, unless another time is established by the Board of Supervisors as part of a conditional use decision for a specific use. The volume and direction of outdoor speakers shall be regulated to minimize impact on adjacent properties. As part of its decision, the Board of Supervisors may prohibit and/or further regulate outdoor speakers in order to prevent adverse impacts on adjoining properties.

D. Any outdoor facility within 300 feet of an existing dwelling shall cease operations between 10:00 p.m. and 7:00 a.m., prevailing time, unless another time period is established by the Board of Supervisors as part of a conditional use decision for a specific use.

E. Operations shall be regulated so that nuisances, such as visual blight, glare and noise as defined by Part 4A of this chapter, shall not be created.

F. Any use which includes eating or drinking facilities shall be subject to the parking requirements of that use in addition to the parking requirements for the facility.

G. The use shall have frontage on and direct vehicular access to an arterial or collector street.

H. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

I. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

J. A traffic impact study shall be required when determined necessary by the Township Traffic Engineer based upon a review of the proposed development, the scope of anticipated traffic and the traffic issues on adjacent streets. Any required traffic impact study shall comply with § 27-522 of this chapter.

K. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

L. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, members, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, members, customers, visitors, and guests.

M. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

N. Any recreation facility in existence in the Township prior to April 9, 2015, may continue and shall not be required to comply with the requirements of this section to the extent of the scope of nature of the use existing as of that date. Any such facility may be expanded without having to obtain conditional use approval pursuant to this section provided said expansion:

(1) Does not involve construction of any new building, or the expansion of any existing building exceeding 50% of the lot coverage legally occupied as of April 9, 2015.

(2) Is on the same lot as the existing recreation facility, as the lot or those lots existed as of April 9, 2015.

(3) Does not involve a change in the specific type of recreation facility.

(4) Does not trigger a traffic study under § 27-522 of this chapter as a result of the new traffic created by the expansion.

Any expansion of a recreation facility not meeting the requirements of Subsections 1N(1), (2) and (3) shall not be permitted unless the property owner applies for and obtains conditional use approval pursuant to this Part.

§ 27-850 Oil and Gas Operations.

[Ord. 658, 4/9/2015]

Oil and gas operations shall be a permitted conditional use subject to the following express standards and criteria:

A. Oil and gas operations shall only be authorized as a conditional use in the following zoning districts in the Township: OS District, MX District, RT District and AP District, subject to the criteria contained in this section and all restrictions contained in the Pennsylvania Oil and Gas Act, 58 Pa.C.S.A. § 2301 et seq., as amended (the "Oil and Gas Act").

B. Oil and gas operations shall be conducted in accordance with the Oil and Gas Act.

C. Oil and gas operations shall comply with Part 4A of this chapter, except to the extent that a provision(s) of Part 4A of this chapter is preempted by the Oil and Gas Act.

D. The applicant shall have obtained all applicable federal, state and local permits and approvals for the proposed use. In the event that such permits and approvals have not been issued at the time conditional use approval is requested, the conditional use approval of the Township shall be expressly conditioned on the granting of all permits and approvals required by federal, state, county and local laws, statutes, ordinances and regulations.

§ 27-851 Outdoor Storage.

[Ord. 658, 4/9/2015]

Outdoor storage shall be a permitted conditional use subject to the following express standards and criteria:

A. Any article or material authorized to be stored outside an enclosed structure shall be buffered by six-foot high opaque fencing, planting, earthen mounds or existing topography to assure that it cannot be seen from adjoining streets or adjacent residential uses or residentially zoned properties and to assure no adverse effect on adjacent property.

B. No outdoor storage area located within the C-2 District shall exceed 2,500 square feet.

C. No outdoor storage shall be permitted in the required front yard.

D. Hazardous, toxic, corrosive, or volatile materials and/or substances shall not be stored outside an enclosed structure.

E. All organic rubbish or waste materials shall be stored in airtight vermin-proof containers.

F. No movable vehicle such as a truck or trailer shall be used for outside storage.

G. Outdoor storage shall not include operable and/or inoperable vehicles including, but not limited to, automobiles, buses, motorcycles and similar machines.

H. Outdoor storage shall not be visible from the primary entrance of any nonresidential use.

I. Access driveways to outdoor storage shall be paved with a minimum of two inches of slag or stone.

J. The outdoor storage facility shall not reduce the area required for off-street parking or loading for the principal use, nor shall its location interfere with the free flow of traffic on the site or the use of any off-street parking, or loading area.

K. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-852 Parking Garage/Structure.

[Ord. 658, 4/9/2015]

A parking garage/structure shall be a permitted conditional use subject to the following express standards and criteria:

A. The use shall comply with Part 2 of this chapter.

B. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

C. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

D. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

E. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

F. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

G. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-853 Pilot Manufacturing.

[Ord. 658, 4/9/2015]

Pilot manufacturing shall be a permitted conditional use subject to the following express standards and criteria:

A. Unless otherwise provided by this chapter, pilot manufacturing shall be permitted as a principal use only when it is directly related to research and development activities authorized as a principal use.

B. Where pilot manufacturing is related to research and development, the total floor area devoted to pilot manufacturing shall not exceed 25% of the total floor area of all buildings devoted to research and development.

C. All materials and equipment shall be stored within a completely enclosed building.

D. The use shall comply with all performance standards specified in Part 4A of this chapter.

E. The storage, use or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the pilot manufacturing activity, and the transportation, handling, use and disposal of such materials shall conform with all applicable regulations and permit requirements of the Environmental Protection Agency (EPA) and the Department of Environmental Protection (DEP).

F. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

G. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

H. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

I. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

J. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

K. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

L. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-854 Place of Worship.

[Ord. 658, 4/9/2015]

A place of worship shall be a permitted conditional use subject to the following express standards and criteria:

A. All buildings shall be setback at least 100 feet from the lot lines of residentially zoned properties and from the right-of-way of local streets.

B. A place of worship shall have direct access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

C. A place of worship in a residential zoning district must provide a Bufferyard 1 as detailed in § 27-214 of this chapter along adjoining properties.

D. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

E. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

F. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

G. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

H. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

I. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

J. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-855 Research and Development.

[Ord. 658, 4/9/2015]

Research and development shall be a permitted conditional use subject to the following express standards and criteria:

A. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-851 of this chapter.

B. The facility shall have one point of vehicular access to an arterial or collector street.

C. 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.

D. Loading areas shall not be visible from a street right-of-way or an adjacent residential dwelling.

E. The use shall comply with all performance standards specified in Part 4A of this chapter.

F. The storage, use or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the research and development activity, and the transportation, handling, use and disposal of such materials shall conform with all applicable regulations and permit requirements of the Environmental Protection Agency (EPA) and the Department of Environmental Protection (DEP). An inventory of hazardous, toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Township for record.

G. The height of proposed buildings and structures that are for nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

H. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

I. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

J. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

K. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

L. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

M. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

N. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-856 Restaurant, Low Turnover.

[Ord. 658, 4/9/2015]

A low turnover restaurant shall be a permitted conditional use subject to the following express standards and criteria:

A. In development sites of 10 acres or more, a low turnover restaurant shall only be permitted in an office building, hotel, or in a conference and training center authorized as a principal use in the BP District; provided, however, low turnover restaurants shall not be permitted in any other freestanding principal or accessory building. A low turnover restaurant shall be permitted in an office building, hotel, or in a freestanding principal building on lots of record in the BP District which are less than the minimum required site area of 10 acres and which are developed in accordance with § 27-205 and Table 27-1 (Use Table) of this chapter.

B. The maximum gross floor area devoted to any single restaurant establishment in an office building which is open to the general public shall be 10,000 square feet.

C. Off-street parking shall be provided at a rate of one space for every 120 square feet of net floor area.

D. A separate business identification sign in the form of a wall sign shall be permitted for the restaurant, provided that it does not exceed 32 square feet of gross surface area and otherwise complies with the sign regulations of Part 7 of this chapter.

E. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

F. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

G. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

H. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

I. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

J. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-857 School.

[Ord. 658, 4/9/2015]

A school shall be a permitted conditional use subject to the following express standards and criteria:

A. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter.

B. Operations shall be regulated so that nuisances such as visual blight, glare, and noise shall not be created.

C. Bufferyards shall be provided and maintained in the front yards, rear yards and side yards in accordance with Bufferyard 1 as detailed in § 27-214 of this chapter.

D. The school shall be accredited by the Commonwealth of Pennsylvania.

E. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

F. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

G. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

H. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

I. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

J. Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

K. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

L. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

M. The owner and operator of the school shall be responsible for the conduct and safety of the students, employees, visitors, faculty, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the students, employees, visitors, faculty, and guests.

N. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-858 School Maintenance Facility.

[Ord. 658, 4/9/2015]

A school maintenance facility shall be a permitted conditional use subject to the following express standards and criteria:

A. Vehicular access shall be from arterial or collector streets only.

B. All fuel, oil and other flammable substances shall be stored at least 25 feet from any property line. The property owner must obtain the required permits from the Allegheny County Fire Marshal for the storage and disbursement of fuel.

C. Bufferyards shall be provided and maintained along the side yards and rear yards in accordance with § 27-214 of this chapter.

D. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-851 of this chapter.

E. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

F. All authorized minor repair work, vehicle washing, and lubrication shall be conducted within a completely enclosed building.

G. All materials and equipment shall be stored within a completely enclosed building in a manner that protects the surrounding neighborhood from nonaesthetic viewing of such activities.

H. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-859 Self-Storage Facility.

[Ord. 658, 4/9/2015]

A self-storage facility shall be a permitted conditional use subject to the following express standards and criteria:

A. The minimum lot area required shall be five acres.

B. The lot shall have direct vehicular access to an arterial or collector street, and points of vehicular access shall not be through a street on which the current use of the majority of lots fronting on that street is single-family dwellings.

C. Vehicular access to the lot shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the lot has frontage and which meets the requirements of Subsection 1B above.

D. All one-way driveways shall have a minimum of one ten-foot parking lane, plus one fifteen-foot travel lane.

E. All two-way driveways shall provide a minimum of one ten-foot parking lane, plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.

F. All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

G. Parking shall be provided in accordance with the following requirements:

(1) Two spaces for manager's quarters.

(2) One space for each 10 storage units located as near to the storage unit openings as possible.

(3) One space for each 25 storage units, which spaces shall be located near the manager's quarters to be used by prospective clients.

H. Bufferyards shall be provided and maintained in all yards adjoining a residential use or residential zoned property in accordance with Bufferyard 1 as detailed in § 27-214 of this chapter.

I. A minimum eight-foot high fence with a self-latching gate shall be placed on the interior side of each bufferyard. The fence shall be supplemented with screening material which creates a visual barrier that is at least 100% opaque.

J. The maximum building height shall be 20 feet.

K. The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.

L. The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.

M. The maximum length of any storage building shall be 200 feet.

N. The maximum size of any storage unit shall be 14 feet wide, 40 feet deep and one story and no more than 20 feet in height. If storage units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.

O. Maximum lot coverage by all buildings shall be 40%.

P. Office space may be provided which shall not exceed 5% of the total floor area devoted to storage.

Q. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-851 of this chapter.

R. Storage units shall not be equipped with water or sanitary sewer service.

S. No business activity other than rental of storage units shall be conducted on the premises.

T. Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris and dust shall not be created.

U. Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties. A minimum of six feet above grade shall be masonry construction.

V. The design of each storage building shall be sealed by an architect.

W. No signs shall be placed on the buildings or on their rooftops.

X. One freestanding business identification sign shall be permitted which complies with the requirements of Part 7 of this chapter for the zoning district in which the use is located.

Y. No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the Construction Code [Chapter 5, Part 1]. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the Construction Code [Chapter 5, Part 1].

Z. A minimum of one fire hydrant shall be provided on the lot subject to the approval of the number and location of hydrants by the Township Fire Marshal, and the facility shall otherwise comply with the Construction Code [Chapter 5, Part 1].

AA. Buildings shall be so situated or screened so that the access doors are not facing adjacent streets.

AB. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

AC. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

AD. Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

AE. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

AF. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-860 Senior Center.

[Ord. 658, 4/9/2015]

A senior center shall be a permitted conditional use subject to the following express standards and criteria:

A. Safe vehicular access and areas for discharging and picking up guests shall be provided.

B. Off-street parking for the senior center shall be provided in accordance with the requirements of Part 6 of this chapter. Parking spaces shall be located no more than 300 feet from the building's primary entrance.

C. The location, orientation and site circulation shall be coordinated with the Township in order to minimize the disturbance of surrounding open space.

D. For parking demands greater than 100 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.

E. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

F. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

G. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

H. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

I. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

J. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

K. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-861 Shopping Center.

[Ord. 658, 4/9/2015]

A shopping center shall be a permitted conditional use subject to the following express standards and criteria:

A. Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhoods.

B. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter.

C. Setback, screening and buffering of parking and loading areas as well as outdoor common spaces shall be provided in accordance with Part 2 of this chapter.

D. Bufferyards shall be provided and maintained in the front yards, rear yards, and side yards in accordance with Bufferyard 1 as detailed in § 27-214 of this chapter.

E. A shopping center shall have one point of vehicular access to an arterial or collector street.

F. No shopping center located within a C-1 District shall exceed a total of 15,000 square feet.

G. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

H. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

I. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

J. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

K. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

L. Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-862 Short-Term Rental.

[Added by Ord. No. 697, 7/6/2022[1]]

A short-term rental shall be a permitted conditional use subject to the following express standards and criteria:

A. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

B. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

C. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

D. If the property is located in a residentially zoned district, the means of vehicular access to the property shall be from an arterial or collector street only.

E. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

F. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

G. Such use shall only be for short-term overnight lodging of not less the one day and not more than 60 days and not for other purposes, such as, but not limited to, the hosting, lease or use of the property as reception space, party space, social or business meeting space, or for other similar events open to the public or invitees.

H. Customers, visitors and/or guests shall not generate noise, glare, odor or other effects that unreasonably interfere with a person's enjoyment of his or her neighborhood, nor shall an owner allow a customer, visitor, or guest to do so.

[1] Editor's Note: This ordinance also redesignated former §§ 27-861 through 27-870 as §§ 27-862 through 27-871, respectively.

§ 27-863 Stadium.

[Ord. 658, 4/9/2015]

A stadium shall be a permitted conditional use subject to the following express standards and criteria:

A. Hours of operation and stadium events shall be scheduled to minimize negative impacts on the surrounding neighborhood.

B. The number of off-street parking and loading spaces shall be provided as defined by Part 6 of this chapter.

C. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

D. The minimum distance from the end of any building to the end of any adjacent building shall be 20 feet, unless a greater distance is required by the Construction Code [Chapter 5, Part 1].

E. The maximum length of any building shall be 500 feet excluding bleachers or seating areas.

F. Bufferyards shall be provided and maintained in the front yards, rear yards, and side yards in accordance with Bufferyard 1 as detailed in § 27-214 of this chapter.

G. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

H. The use (including public announcement and speaker systems) shall not generate noise in excess of 75 dB(A) at the lot line between the hours of 10:00 p.m. and 8:00 a.m., prevailing time. For purposes of this section, this noise restriction shall be measured from any lot line of property owned by a person or entity other than the owner of the subject facility. Outdoor speakers shall not be used between the hours of 10:00 p.m. and 8:00 a.m., prevailing time, unless another time is established by the Board of Supervisors as part of a conditional use decision for a specific use. The volume and direction of outdoor speakers shall be regulated to minimize impact on adjacent properties. As part of its decision, the Board of Supervisors may further regulate outdoor speakers in order to prevent adverse impacts on adjoining properties.

I. Any facility within 300 feet of an existing dwelling shall cease operations between 10:00 p.m. and 7:00 a.m., prevailing time, unless another time period is established by the Board of Supervisors as part of a conditional use decision for a specific use.

J. The use shall have frontage on and direct vehicular access to an arterial or collector street.

K. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

L. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

M. The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and the subject property.

N. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

O. A traffic impact study shall be required. The traffic impact study shall comply with § 27-522 of this chapter. Whenever, as a result of additional traffic generated by a proposed development, the traffic impact study identifies a traffic increase in excess of 100 trips after 9:00 p.m., the Board of Supervisors may limit the stadium's hours of operation to mitigate negative impacts on the adjacent neighborhood.

P. To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

Q. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, attendees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, attendees, customers, visitors, and guests.

R. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-864 Supporting Retail.

[Ord. 658, 4/9/2015]

Supporting retail shall be a permitted conditional use subject to the following express standards and criteria:

A. Supporting retail uses shall be limited to the following uses in a business park:

(1) Sale of office supplies and equipment.

(2) Travel agency.

(3) Pharmacy, if related to a medical office or medical clinic that is authorized and permitted in the zoning district in which the subject property is located.

(4) Sale of medical supplies and equipment, if related to a medical office or medical clinic that is authorized and permitted in the zoning district in which the subject property is located.

(5) Newsstand.

(6) Card and gift shop.

(7) Florist.

(8) Delicatessen or sandwich shop providing either sit-down or take-out service for the convenience of the employees.

(9) Copying and/or printing center.

(10) Dry cleaning and/or, alteration shop.

B. Supporting retail uses shall be limited to the first floor of any building and shall not be permitted in any other freestanding principal or accessory building.

C. The total floor area devoted to supporting retail uses shall not exceed 15% of the total floor area devoted to office use in the business park.

D. The maximum net floor area devoted to any single supporting retail establishment shall be 5,000 square feet.

E. Off-street parking shall be provided for the supporting retail uses in accordance with the following ratio: one space for each 300 square feet of gross floor area. The parking requirements may be adjusted by the Board of Supervisors based upon a peak-hour shared parking analysis prepared by the developer for the business park development.

§ 27-865 Theater/Auditorium.

[Ord. 658, 4/9/2015]

A theater/auditorium shall be a permitted conditional use subject to the following express standards and criteria:

A. The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and the subject property.

B. The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

C. For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.

D. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

E. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. (or one hour after the last movie/show is completed, whichever is later) and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

F. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

G. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

H. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

I. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

J. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

K. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, attendees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, attendees, customers, visitors, and guests.

L. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-866 University/College.

[Ord. 658, 4/9/2015]

A university/college shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and other disturbances.

B. Bufferyards shall be provided and maintained along the front yards, rear yards, and side yards in accordance with Bufferyard 1 as defined in § 27-214 of this chapter.

C. A university/college shall have frontage on and direct vehicular access to an arterial or collector street. A university/college shall have a maximum of one vehicular access point to an arterial or collector street per 1,000 feet of street frontage.

D. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

E. Outdoor storage shall be limited to specifically delineated areas that are approved as part of the conditional use approval.

F. Off-street parking and loading shall be provided and maintained in accordance with a Township-approved parking needs analysis.

G. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

H. Operations shall be regulated so that nuisances such as visual blight, glare, and noise as defined by Part 4A of this chapter shall not be created.

I. For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from in appropriate noise, dust, light and other disturbances.

J. Height of proposed buildings housing nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

K. Loading areas shall not be visible from the primary entrance to the development or from neighboring residential properties.

L. Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

M. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

N. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

O. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

P. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

Q. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

R. The owner and operator of the university/college shall be responsible for the conduct and safety of the students, employees, visitors, faculty, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the students, employees, visitors, faculty, and guests.

S. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-867 Warehousing.

[Ord. 658, 4/9/2015]

Warehousing shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-851 of this chapter.

D. The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on the Pittsburgh International Airport and the adjacent arterial and/or collector street(s).

E. Hours of operation and activities must be appropriately scheduled to protect adjoining properties and the operation of the Pittsburgh International Airport from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

F. No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted on the subject property.

G. The height of proposed buildings and structures that are for nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

H. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time, provided that such requirement shall not apply in the AP District. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

Q. In an effort to encourage high quality development compatible with the research and development character of the RT District, in addition to the above criteria, warehousing shall be provided as an incentive conditional use in the RT District, provided the following criteria are met:

(1) Not more than 1/3 of any lot, or in the case of a PNRD the master plan area, may be used for distribution activities.

(2) The street-side walls of any building shall utilize finished materials that incorporate architectural design elements to create continuity with adjacent buildings. Metal siding and uniform, plain split face block cannot be used on the street-side walls of the building. Brick, stone, glass and similar high quality materials are encouraged on the street-side walls.

(3) Street side facades shall incorporate wall plane projections of a recessing nature having a depth of at least 3% of the length of the facade and extending no more than 20% of the length of the facade.

(4) Direct access to the facility shall be provided through streets that service primarily nonresidential traffic. The streets in the RT District that service primarily nonresidential traffic are: Moon Clinton Road, International Drive and any proposed street to access a nonresidential development.

(5) The minimum lot area or PNRD master plan area required for a development that proposes this use is 10 acres.

§ 27-868 Water Storage/Tower.

[Ord. 658, 4/9/2015]

A water storage/tower shall be a permitted conditional use subject to the following express standards and criteria:

A. No water storage/tower shall exceed 250 feet in height unless a reduced height restriction is required by the AZO Airport Zone Overlay District.

B. A water storage/tower shall be setback from adjacent property lines and/or street right-of-way lines a distance equal to 110% of the water storage/tower's height.

C. The height of a water storage/tower shall be measured from the top of the foundation to the upper most point of the tower.

D. Lighting shall be required for the water storage/tower as a safety measure for low-flying aircraft in accordance with all Federal Aviation Administration (FAA) regulations and approvals.

E. Access driveways to a water storage/tower shall be paved with a minimum of four inches mechanically compacted slag, road millings, or aggregate choked with two inches of compacted PennDOT 2A coarse aggregate.

§ 27-869 Wholesaling.

[Ord. 658, 4/9/2015]

Wholesaling shall be a permitted conditional use subject to the following express standards and criteria:

A. The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.

B. An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided as defined by Part 2 of this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

C. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-851 of this chapter.

D. The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on the Pittsburgh International Airport and the adjacent arterial and/or collector street(s).

E. Hours of operation and activities must be appropriately scheduled to protect adjoining properties and the operation of the Pittsburgh International Airport from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

F. Any storage of petroleum products, hazardous materials, or potentially hazardous materials shall conform with all applicable federal, state, county and Township laws, statutes, regulations, and resolutions, including but not limited to the regulations and any permit requirements of the EPA and DEP. No petroleum products or hazardous materials shall be buried or disposed of on the subject property.

G. The height of proposed buildings and structures that are for nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

H. Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall be responsible for the conduct and safety of the employees, members, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, members, customers, visitors, and guests.

P. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

Q. In an effort to encourage high quality development compatible with the research and development character of the RT District, in addition to the above criteria, wholesaling shall be provided as an incentive conditional use in the RT District, provided the following criteria are met:

(1) Not more than 1/3 of any lot, or in the case of a PNRD the master plan area, may be used for distribution activities.

(2) The street-side walls of any building shall utilize finished materials that incorporate architectural design elements to create continuity with adjacent buildings. Metal siding and uniform, plain split face block cannot be used on the street-side walls of the building. Brick, stone, glass and similar high quality materials are encouraged on the street-side walls.

(3) Street side facades shall incorporate wall plane projections of a recessing nature having a depth of at least 3% of the length of the facade and extending no more than 20% of the length of the facade.

(4) Direct access to the facility shall be provided through streets that service primarily nonresidential traffic. The streets in the RT District that service primarily nonresidential traffic are: Moon Clinton Road, International Drive and any proposed street to access a nonresidential development.

(5) The minimum lot area or PNRD master plan area required for a development that proposes this use is 10 acres.

§ 27-870 All Other Uses Not Authorized in Any Zoning District.

[Ord. 658, 4/9/2015]

Pursuant to § 27-206 of this chapter, a use which is not expressly listed as a permitted use, conditional use, or special exception in any zoning district shall be permitted as a conditional use in the M-1 District and RT District subject to the following express standards and criteria:

A. The proposed use will not endanger the public health, safety, or welfare if located where proposed, and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare, or vibration.

B. The proposed use meets all applicable dimensional, lot and yard regulations for the M-1 District, all other expressed standards and criteria for comparable uses, and any other requirements of this chapter for the M-1 District.

C. The proposed use is in harmony with the area in which it is proposed.

D. The proposed use is an appropriate use on the proposed site.

E. The proposed use is in compliance with all other standards of this chapter and all other Township ordinances.

F. 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.

G. The use shall comply with all performance standards specified in Part 4A of this chapter.

H. The height of proposed buildings and structures that are for nonaviation uses shall be subject to the requirements of the AZO Airport Zone Overlay District and approval by the Federal Aviation Administration (FAA).

I. Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

J. Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

K. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

L. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

M. A traffic impact study is required. The traffic impact study shall comply with § 27-522 of this chapter.

N. To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

O. The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-871 Deviation From the CVO District and UBO District Requirements.

[Ord. 658, 4/9/2015]

A deviation from the requirements of § 27-303 (Carnot Village Overlay District), § 27-307 (University Boulevard Overlay District) and § 27-308 (Design Guidelines for the CVO Carnot Village and UBO University Boulevard Overlay Districts) of this chapter shall be permitted as a conditional use subject to the following express standards and criteria:

A. All Deviations.

(1) Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Construction Code [Chapter 5, Part 1].

(2) The proposed deviations illustrate that the intent of §§ 27-303, 27-307 and 27-308 of this chapter can be more effectively met in whole or in part, through the proposed alternative means.

(3) A traffic impact study is required where the proposed development satisfies one of the criteria set forth in § 27-522, Subsection 1, of this chapter. The traffic impact study shall comply with § 27-522 of this chapter.

B. Building Setback Deviations.

(1) The proposed deviation will minimize adverse impacts to abutting residential uses.

(2) The proposed deviation, if authorized, will represent the minimum deviation that will afford relief and will represent the least modification possible of the building setback regulation.

(3) In the case of lots exceeding five acres, that it is impractical to maintain the maximum front yard building setback due to the large size of the property. In this situation the applicant must construct multiple structures and maintain the maximum front yard building setback as much as feasibly possible.

C. Driveway, Access Drive and Curb Cut Related Deviations.

(1) The proposed driveway/access plan demonstrates that the proposed driveway, access drive and/or curb-cut complies with the applicable clear sight triangle requirements of the Subdivision and Land Development Ordinance [Chapter 22] and will not create turning conflicts with any driveways, access drives and/or curb-cuts in the vicinity of the proposed development, and/or use, as confirmed by the Township Traffic Engineer.

(2) The proposed driveway/access plan illustrates that the intent of § 27-308 of this chapter can be more effectively met, in whole or in part, through the proposed alternative means, as confirmed by the Township Traffic Engineer.

D. Parking Related Deviations.

(1) The proposed parking plan illustrates that the intent of § 27-308 of this chapter can be more effectively met, in whole or in part, through the proposed alternative means. For existing parking areas, at a minimum, a proposed restriping plan must be submitted to determine how landscaping will be incorporated into parking lots. The proposed plan should include compact car spaces and allow vehicle overhang over landscape medians to provide a balance of parking and landscaping.

(2) The proposed parking plan minimizes impervious surfaces through the use of compact car spaces, vehicle overhangs, porous pavements, or other techniques and materials.

(3) If a public-owned parking lot is provided within the respective overlay district, and is located within 600 feet of the proposed development and/or use, then the applicant may be permitted to offset a portion of the required off-street parking spaces to the public-owned parking lot if space is determined available.

E. Landscape and Bufferyard Related Deviations.

(1) The proposed landscape plan preserves and incorporates existing vegetation in excess of the minimum standards set forth in §§ 27-214 and 27-215 of this chapter and § 27-303, 27-307 or 27-308 of this chapter and demonstrates innovative design and use of plant material.

(2) The proposed landscape plan illustrates that the intent of §§ 27-214 and 27-215 of this chapter and § 27-303, 27-307 or 27-308 of this chapter can be more effectively met in whole or in part, through the proposed alternative means.

(3) Natural land characteristics or existing vegetation on the proposed development site would achieve the intent of §§ 27-214 and 27-215 of this chapter and § 27-303, 27-307 or 27-308 of this chapter.

(4) Innovative landscaping or architectural design is employed on the proposed development site to achieve a screening effect that is equivalent to the screening standards of §§ 27-214 and 27-215 of this chapter and § 27-303, 27-307 or 27-308 of this chapter.

(5) The required landscaping or buffering would be ineffective at maturity due to topography or the location of the improvements on the site.

(6) A proposed restriping plan must be submitted to determine how landscaping will be incorporated into existing parking lots. The proposed plan should include compact car spaces and allow vehicle overhang over landscape medians to provide a balance of parking and landscaping. In general, reduced area of parking lot planting islands are discouraged, but may be considered when plantings are proposed to be added to an existing parking area and where porous pavements of at least three feet in width surround the reduced size planting area.

(7) Where on-site transfer of landscaping and bufferyard requirements is not practical, the applicant may pay a fee-in-lieu of such improvements to the Township in an amount equal to the cost of the vegetation and any other related improvement being forgone. The fees collected by the Township shall be deposited, utilized and expended by the Township in accordance with § 22-501, Subsection 3, of the Subdivision and Land Development Ordinance [Chapter 22].

F. Deviations Necessitated by Off-Street Parking Deficiencies.

(1) Deviations from the design guidelines for the CVO and UBO Districts shall be permitted where said requirements:

(a) Would result in the reduction in the aggregate number of parking spaces below that required by this chapter.

(b) Would reduce the aggregate number of parking spaces below that required under the property owner's tenant leases in effect as of February 9, 2005.

(2) The requested deviations are the minimum necessary to remedy the deficiencies in off-street parking spaces as identified in subparagraph (1) above.

§ 27-872 Deviation From the Vegetation Preservation, Bufferyards and Landscaping Requirements.

[Ord. 658, 4/9/2015]

A deviation from the requirements of § 27-214 (Vegetation Preservation and Bufferyards) and § 27-215 (Landscaping) of this chapter shall be permitted as a conditional use subject to the following express standards and criteria:

A. The applicant demonstrates each of the following where relevant in a given case:

(1) The proposed landscape plan preserves and incorporates existing vegetation in excess of the minimum standards set forth in §§ 27-214 and 27-215 of this chapter, and demonstrates innovative design and use of plant material.

(2) The proposed landscape plan illustrates that the intent of §§ 27-214 and 27-215 of this chapter can be more effectively met, in whole or in part, through the proposed alternative means.

(3) Natural land characteristics or existing vegetation on the proposed development site would achieve the intent of §§ 27-214 and 27-215 of this chapter.

(4) Innovative landscaping or architectural design is employed on the proposed development site to achieve a screening effect that is equivalent to the screening standards of §§ 27-214 and 27-215 of this chapter.

(5) The required landscaping or buffering would be ineffective at maturity due to topography or the location of the improvements on the site.

(6) In the AP and M-1 Districts, if the required landscaping or buffering would cause a safety hazard or be in conflict with applicable law, the proposed landscape plan proposes alternative landscaping on-site or off-site, which can be demonstrated to provide equal or better results, or in lieu thereof, payment of a fee-in-lieu to the Township commensurate with the requirements being modified. The fees collected by the Township shall be deposited, utilized and expended by the Township in accordance with § 22-501, Subsection 3, of the Subdivision and Land Development Ordinance [Chapter 22].

B. The proposed landscape plan complies with the applicable bufferyard area requirements and restrictions on the placement of structures within the same set forth in § 27-214 of this chapter. The additional bufferyards required by § 27-214, Subsection 1C(3), of this chapter for certain properties fronting on Business Loop 376 and Beaver Grade Road may be reduced by no more than 33%, provided the requirements of Subsection 1A are satisfied.

C. Where on-site transfer of landscaping and bufferyard requirements is not practical, the applicant may pay a fee-in-lieu of such improvements to the Township in an amount equal to the cost of the vegetation and any other related improvement being forgone. The fees collected by the Township shall be deposited, utilized and expended by the Township in accordance with § 22-501, Subsection 3, of the Subdivision and Land Development Ordinance [Chapter 22].