[Amended 10-1-2008 by Ord. No. 2008-03]
A. Applicability.
It is the intent of this article to provide special controls and regulations
for particular uses that are permitted by right, special exception,
or conditional use within the various zones established in this chapter.
All uses must comply with the standards expressed within the underlying
zone and all other applicable sections of this chapter, unless those
standards expressed within this article differ; in such case, the
specific standards listed within this article shall apply.
B. Permitted
uses. For uses permitted by right, these standards must be satisfied
prior to approval of any application for a land development (when
applicable) and/or a zoning permit. The applicant shall be required
to demonstrate compliance with these standards and must furnish whatever
evidence is necessary to demonstrate such compliance.
C. Special exceptions. For uses permitted by special exception, in addition to the general criteria listed in §
220-142C(2) which are hereby specifically incorporated herein, this article sets forth standards that shall be applied to each respective special exception. These standards must be satisfied prior to approval of any application for a special exception by the Zoning Hearing Board. The applicant shall be required to demonstrate compliance with these general criteria and specific standards and must furnish whatever evidence is necessary to demonstrate such compliance.
D. Conditional uses. For uses permitted by conditional use, in addition to the general criteria listed in §
220-151B which are hereby specifically incorporated herein, this article sets forth standards that shall be applied to each respective conditional use. These standards must be satisfied prior to approval of any application for a conditional use by the Board of Supervisors. The applicant shall be required to demonstrate compliance with these general criteria and specific standards and must furnish whatever evidence is necessary to demonstrate such compliance.
E. Setback measurements. For the purposes of this Article
IV, any required setbacks imposed upon any use, building and/or structure, shall be measured from the boundary line of the site for which the proposed use, building and/or structure is requested, regardless of whether or not this line corresponds to a property line or a lease line.
Within the (I-2) Zone, adult-related uses are
permitted by special exception, subject to the following criteria:
A. An adult-related use shall not be permitted to be
located within 1,000 feet of any other adult-related use;
B. No adult-related use shall be located within 600 feet
of any land within the (R, R-1, R-2, R-3, MHP, or VO) Zones;
C. No establishment shall be located within 600 feet
of any parcel of land which contains any one or more of the following
specified land uses:
(2) Camp (for minors' activity);
(4) Church or other similar location for religious congregation;
(10)
Other lands where minors congregate;
D. The distance between any two adult-related uses shall
be measured in a straight line, without regard to intervening structures
from the closest point on the exterior parcel line of each use. The
distance between any adult-related use and any land use specified
above shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior parcel line of
the adult-related use to the closest point on the property line of
said land use;
E. No materials, merchandise, or film offered for sale,
rent, lease, loan or for view upon the premises shall be exhibited
or displayed outside of a building or structure;
F. Any building or structure used and occupied as an
adult-related use shall be windowless, or have an opaque covering
over all windows or doors of any area in which materials, merchandise
or film are exhibited or displayed, and no sale materials, merchandise
or film shall be visible from outside of the building or structure;
G. No sign shall be erected upon the premises depicting
or giving a visual representation of the type of materials, merchandise
or film offered therein;
H. Each entrance to the premises shall be posted with
a notice specifying that persons under the age of 17 years are not
permitted to enter therein, and warning all other persons that they
may be offended upon entry;
I. No adult-related use may change to another adult-related
use, except upon approval of an additional conditional use;
[Amended 2-7-2007 by Ord. No. 2007-02]
J. The use shall not create an enticement for minors
because of its proximity to nearby uses where minors may congregate;
K. No unlawful sexual activity or conduct shall be permitted;
and
L. No more than one adult-related use may be located
within one building and no adult-related use is permitted within a
shopping center or planned center.
[Amended 10-1-2008 by Ord. No. 2008-03]
Within the (A) Zone, airports/heliports are
permitted by conditional use, and within the (I-1 and I-2) Zones,
heliports are permitted by conditional use, subject to the following
criteria:
A. All facilities shall be designed and operated in strict
compliance with all applicable state and federal laws and regulations;
B. The applicant shall furnish evidence of the acquisition
of a license from the Pennsylvania Department of Transportation, Bureau
of Aviation, prior to the approval of the conditional use application;
and
C. No part of the take-off/landing strip and/or pad shall
be located nearer than 300 feet from any property line.
Within the (C-2) Zone, amusement and/or theme
parks are permitted by conditional use, subject to the following criteria:
A. Amusement and/or theme parks may include any of the following uses, provided that each use is sized, designed and located to only serve employees and guests of the park; relies upon the circulation and parking facilities of the park; has signage that is oriented to those employees and guests of the park, except as permitted in §
220-45 of this chapter; and is owned, operated and maintained by the park:
(1) Museums, including tours of historic properties;
(2) Public parks, playgrounds and recreational facilities;
(3) Public or private conservation areas for uses for
the conservation of open space, water, soil, and wildlife resources,
including state or county-sponsored agricultural and/or conservation
districts;
(5) Lodging for guests and employees;
(6) Riding stables and related facilities (but not including
horse racing);
(8) Commercial tennis, racquetball and similar facilities,
whether indoors or outdoors;
(9) Agricultural, horticultural and forestry-related uses, as regulated by §
220-12 of this chapter;
(12)
Fast-food restaurants and snack bars;
(14)
Public or private utility service structures;
(15)
Public or nonprofit fire services or public
or nonprofit emergency services;
(16)
Indoor or outdoor theaters and auditoriums;
(18)
Campgrounds in accordance with the requirements listed in §
220-73 of this chapter;
(19)
Taverns, restaurants and nightclubs;
(20)
Amusement exhibits and rides;
(22)
Sports and/or amusement arenas;
(23)
Retail sales and/or rental of goods and services
provided that such sales or rentals are related to or accessory to
any of the commercial recreation uses listed above;
(24)
Health and fitness clubs; and
(25)
Accessory uses customarily incidental to the
above permitted uses.
B. Special review process. Prior to the issuance of a zoning permit for any of those uses permitted under §
220-64A, the applicant must comply with the following two-stage review process:
[Amended 10-1-2008 by Ord. No. 2008-03]
(1) Stage 1: Concept master plan. Prior to, or coincidental with, the approval of a land development for any use or development, the applicant shall submit a concept master plan for conditional use approval by the Board of Supervisors in accordance with §
220-151 of this chapter. The requirements of this §
220-64 shall be used as the specific criteria for evaluating the conditional use application. Such concept master plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:
(a)
The location, boundaries, dimensions, acreage,
and ownership of the land to be included within the proposed use;
(b)
The types and mixture of uses proposed of the
land to be included within the proposed use (a schematic drawing of
proposed use types shall be provided);
(c)
The road network contained upon the land to
be included within the proposed use including major points of access,
intersections and any traffic improvements proposed to accommodate
the proposed use;
(d)
The name, location, center line and present
right-of-way width of all abutting streets;
(e)
Physical characteristics of the site, including:
[1]
Areas with slopes exceeding 15%;
[2]
One-hundred-year floodplains;
[3]
Alluvial soils, wetlands, ponds, and streams;
[4]
Sinkholes, caves, vistas, or other significant
geologic features;
[5]
Endangered or threatened species habitats;
[6]
Archaeological resources;
[8]
Significant stands of mature trees;
(f)
Any regional facilities that are proposed and
will serve more than one lot/use within the proposed development;
examples of such facilities could include stormwater management devices,
open space areas, pedestrian pathways, and wastewater or water facilities;
and
(g)
Other information illustrating that the basic
concept of the proposed uses are well-integrated, functional, efficient
and attractive.
(2) Stage 2: Site development plan. As part of the granting
of a zoning permit for a use proposed and contained in the concept
plan, the Zoning Officer shall review a site plan submitted by the
applicant to determine that it complies with the approved concept
master plan, and any applicable regulation. Upon determining compliance,
the Zoning Officer shall issue the permit. Upon determining noncompliance,
the Zoning Officer may reject the permit for cause and/or may require
additional review by other Township officials or their agents. Such
site plan shall include, but not be limited to, the following:
[Amended 10-1-2008 by Ord. No. 2008-03]
(a)
Any information necessary to demonstrate compliance
with all applicable regulations contained within this chapter; and
(b)
A textual and graphic description of how the
proposed use(s) complies with the concept master plan approved for
the proposed development, plus any conditions of approval attached
to the grant of the concept master plan.
C. Minimum lot area requirement. Unless otherwise specified,
the permitted uses shall have a minimum lot size of 25 acres. For
the purposes of this section, a "use" can include several businesses
that are developed in a coordinated fashion (e.g., joint parking lots,
access drives, loading areas, landscaping, signage, etc.) that functions
as one development site and satisfies all of those requirements imposed
upon this zone;
D. Minimum lot width: 500 feet;
E. Minimum lot depth. 1,000 feet;
F. Off-street parking.
(1) Off-street parking spaces shall be provided at the rate equal to that required by §
220-42 of this chapter. For parks that require more than 300 off-street parking spaces, up to 50% of the total number of spaces can be provided in a dust-free, nonpaved surface if:
(a)
The applicant can adequately demonstrate that
a maintenance plan will be employed that prevents excessive dust and
erosion; and
(b)
Adequate measures will be employed to prevent
the spreading of mud onto adjoining roads;
(2) No direct access between a nonpaved parking lot and
an adjoining road shall be permitted. The applicant shall be required
to demonstrate those measures that will be employed to prevent vehicles
from crossing and/or parking on adjoining properties that are not
part of the park;
G. Any booths or other structures used for the collection
of admission and/or parking fees shall be set back and arranged to
prevent vehicle backups on adjoining roads during peak arrival periods.
Any other collection of fees (roaming parking lot attendants) shall
be conducted in a manner to prevent vehicle backups on adjoining roads.
If, at any time after the opening of the commercial recreation facility,
the Board of Supervisors determines that traffic backups are occurring
on adjoining roads, and such backups are directly related to the means
of access to the subject property, the Board of Supervisors can require
the applicant to revise means of access to relieve the undue congestion;
H. Those uses involving extensive outdoor activities
shall provide sufficient screening and/or landscaping measures to
mitigate any visual and/or audible impacts on adjoining properties;
I. Any structures exceeding the maximum permitted height
may be permitted so long as they are set back from all property lines
at least the horizontal distance equal to their height, plus an additional
50 feet. Furthermore, such structures shall not be used for occupancy,
unless there is qualified evidence that there is sufficient emergency
rescue capabilities available for the desired height from the "first-due"
fire company;
J. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, litter, dust, and pollution. All noise and lighting shall comply with §
220-48 of this chapter;
K. Any outside pedestrian waiting lines shall be provided
with a means of shade;
L. An amusement/theme park shall be permitted to construct one interchange business sign as per §
220-45B of this chapter, if the subject property abuts an interchange of Routes I-76 or PA 222; and
M. Any use involving the keeping of wild and/or dangerous
animals shall require the submission of qualified expert testimony
that demonstrates sufficient care for, and containment of, such animals.
Within the (C-1) Zone, amusement arcades are
permitted by special exception, subject to the following criteria:
A. All activities shall take place within a completely
enclosed building;
B. The applicant must furnish evidence as to how the
use will be controlled as to not constitute a nuisance due to noise
or loitering outside the arcade;
C. A minimum of one parking space for each 80 square
feet of gross leasable floor area shall be provided; in addition,
any accessory uses (e.g., snack bar) shall also require one parking
space per two seats, plus one parking space for each two employees;
and
D. A working plan for the cleanup of litter shall be
furnished and implemented by the applicant.
Within the (I-2) Zone, any industrial use not
permitted elsewhere within this chapter is permitted by special exception,
subject to the following criteria:
A. The applicant shall provide a detailed description
of the proposed use in each of the following topics:
(1) The nature of the on-site processing operations, the
materials used in the process, the products produced, and the generation
and methods for disposal of any by-products. Evidence shall be provided
indicating that the disposal of all materials and wastes will be accomplished
in a manner that complies with state and federal regulations. Such
evidence shall, at a minimum, include copies of contracts with waste
haulers licensed to operate within the county, which have been contracted
to dispose of the materials and wastes used, or generated, on-site
or some other legal means of disposal. The zoning permit for this
use shall remain valid only so long as such contracts remain in effect,
and all materials and wastes are properly disposed of on a regular
basis. Should the nature of the use change in the future, such that
the materials used, or wastes generated, changes significantly, either
in type or amount, the owner shall so inform the Zoning Officer, and
shall provide additional evidence demonstrating continued compliance
with the requirements of this section;
[Amended 10-1-2008 by Ord. No. 2008-03]
(2) The general scale of the operation in terms of its
market area, specific floor space requirements for each step of the
industrial process, the total number of employees on each shift, and
an overall needed site size;
(3) Any environmental impacts that are likely to be generated
(e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.), and specific measures
employed to mitigate or eliminate any negative impacts. The applicant
shall further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinances;
(4) A traffic impact report prepared in accordance with §
220-50 of this chapter.
Within the (I-1) Zone, automobile auctions and/or
automobile parking or storage compounds shall be permitted by conditional
use, subject to the following criteria:
A. Any site used for the sale, parking and/or storage
of more than 150 vehicles shall front solely upon collector or arterial
roads;
B. All exterior areas used for the sale, parking and/or
storage of automobiles shall be completely enclosed by a six-foot-high
fence, which shall be subject to the zone's setback requirements imposed
upon off-street parking lots;
C. Access drives shall be governed by §
194-28 of Chapter
194, Subdivision and Land Development, for a distance of 100 feet from the edge of the street right-of-way. Beyond this, all areas used for vehicle sales, parking or storage shall not be governed by §
194-30 of Chapter
194, Subdivision and Land Development; however, all areas shall include a nonpaved, all-weather, dust-free surface;
D. Vehicles may be parked and/or stored in a horizontally
stacked configuration; however, no vehicles shall be located more
than 100 feet from a minimum eighteen-foot-wide on-site access drive;
E. All lighting shall be designed and constructed so as to comply with §
220-48 of this chapter;
F. In addition to the preceding requirements, automobile
auctions shall comply with the following:
(1) The sales area shall be considered to be that of the
smallest rectangle, or other regular geometric shape which encompasses
all display stands, booths, tables or stalls, plus any adjoining aisles
and/or walkways from which consumers can inspect items for sale. The
sales shall include all indoor and outdoor areas as listed above;
(2) The retail sales area shall be set back at least 50
feet from all property lines, and shall be calculated as part of the
maximum permitted lot coverage, regardless of its surface treatment;
(3) Any exterior, amplified public address system shall be arranged and designed so as to comply with §
220-48 of this chapter;
(4) Exterior trash receptacles shall be provided amid
any outdoor sales area. Such trash receptacles shall be routinely
emptied so as to prevent the scattering of litter and debris. All
applications shall include a description of a working plan for the
cleanup of litter;
(5) The servicing, reconditioning, demolition, or junking
of vehicles is prohibited;
(6) The applicant shall furnish evidence that the disposal
of all materials will be accomplished in a manner that complies with
all applicable state and federal regulations;
(7) No part of the auction shall be located within 300
feet of any land within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones;
and
G. A traffic impact report shall be prepared in accordance with §
220-50 of this chapter.
Within the (C-1) Zone, automobile filling stations,
(including minor incidental repair) are permitted by special exception,
subject to the following criteria:
A. The subject property shall have a minimum width of
125 feet;
B. The subject property shall front on an arterial or
collector road as defined herein;
C. The subject property shall be set back at least 300
feet from any lot containing a school, day-care facility, playground,
library, hospital, or nursing, rest or retirement home;
D. The storage of motor vehicles (whether capable of
movement or not) for more than one month is prohibited;
E. Any parts removed from repaired vehicles shall not
remain on the site longer than seven days;
F. All structures (including gasoline pump islands, but
not permitted signs) and machinery shall be set back at least 50 feet
from any street right-of-way line;
G. No outdoor storage of auto parts shall be permitted;
H. Access driveways shall be a minimum of 28 feet wide
and separated by 100 feet from one another if located along the same
frontage as measured from edge to edge;
I. All ventilation equipment associated with fuel storage
tanks shall be set back 100 feet and oriented away from any adjoining
residential properties; and
J. The applicant shall furnish evidence of how the storage
and disposal of materials will be accomplished in a manner that complies
with all applicable state and federal regulations.
[Amended 12-5-2007 by Ord. No. 2007-08; 10-1-2008 by Ord. No.
2008-03]
Within the (C-1), (I-1) and (I-2) Zones, automobile, boat, farm
machinery, recreational vehicle and trailer sales, service and/or
repair facilities are permitted by special exception subject to the
following criteria:
A. The subject property shall have a minimum lot size of one acre and
have a minimum lot width of 200 feet as measured at the street line
and the building setback line;
B. There shall be no portable office trailers or accessory sheds used
for sales offices;
C. Any site used for the sale, parking and/or storage of more than 150
automobiles, boats, pieces of farm machinery, recreational vehicles
and/or trailers shall be located adjacent to an arterial road;
D. All exterior areas used for the display of automobiles, boats, farm
machinery, recreational vehicles and/or trailers shall be subject
to the minimum front yard setback requirements imposed upon off-street
parking spaces;
E. Automobiles, boats, farm machinery, recreational vehicles and/or
trailers shall not be displayed for sale, or stored for service on
an existing sidewalk, or within any street or alley right-of-way;
F. No automobile, boat, farm machinery, recreational vehicle and/or
trailer shall be displayed on an elevated stand, stone pile, dirt
pile, or any similar elevated structure;
G. Access drives shall be governed by §
194-28 of Chapter
194, Subdivision and Land Development;
H. All vehicular parking and areas for the display of automobiles, boats, farm machinery, recreational vehicles and/or trailers shall comply with §
194-30 of the East Cocalico Township Subdivision and Land Development Ordinance;
I. All lighting shall be designed and constructed so as to comply with §
220-48 of this chapter;
J. Any exterior, amplified public address system shall be arranged and designed so as to comply with §
220-48 of this chapter;
K. The sales area shall be considered to be that of the smallest rectangle,
or other regular geometric shape, which encompasses all display areas
plus any adjoining aisles and/or walkways from which consumers can
inspect vehicles for sale. The sales area shall include all indoor
and outdoor areas as listed above;
L. The sales area shall be set back at least 25 feet from all side and/or
rear property lines, and shall be calculated as part of the maximum
permitted lot coverage, regardless of its surface treatment;
M. All exterior display and storage areas for automobiles, boats, farm
machinery, recreational vehicles and/or trailers shall be screened
from adjoining properties within the (R-1), (R-2), (R-3), (MHP) and
(VO) Zones;
N. Banners, streamers, ribbons, pennants, or other similar materials
shall not be permitted to be located on any building, structure (including
signs) or on the premises;
O. The storage and/or display of automobiles, boats, farm machinery,
recreational vehicles and/or trailers on the property without current
inspection is prohibited, for those vehicles requiring such inspection;
P. Exterior trash receptacles shall be provided amid any outdoor sales
area. Such trash receptacles shall be routinely emptied so as to prevent
the scattering of litter and debris. All applications shall include
a description of a working plan for the cleanup of litter;
Q. The servicing of automobiles, boats, farm machinery, recreational
vehicles and/or trailers shall be confined within a completely enclosed
building;
R. No outdoor storage of parts, equipment, lubricants, fuel, or other
materials used or discarded, as part of the service or repair operation,
shall be permitted;
S. Any ventilation equipment outlets associated with the service work
area(s) shall not be directed toward any adjoining property within
the (R), (R-1), (R-2), (R-3), (MHP) and/or (VO) Zones that is within
100 feet of such ventilation equipment outlets;
T. All automobiles, boats, farm machinery, recreational vehicles and/or
trailers shall be repaired and removed from the premises promptly;
U. The demolition or junking of automobiles, boats, farm machinery,
recreational vehicles and/or trailers is prohibited; and
V. The applicant shall furnish evidence that the disposal of all materials
will be accomplished in a manner that complies with all applicable
state and federal regulations.
Within the (A, C, R-1, R-2, R-3, and R) Zones,
bed-and-breakfasts are permitted by special exception, subject to
the following criteria:
A. Bed-and-breakfasts shall only be permitted to occupy
buildings that have no less than 3,000 square feet on the effective
date of this chapter. No additions to add habitable floor area after
the effective date of this chapter will be eligible for bed-and-breakfast
use. No modifications to the external appearance of the building (except
fire escapes) which would alter its residential character, shall be
permitted;
B. All floors above the second story and/or below grade
shall have a permanently affixed direct means of escape to ground
level;
C. One off-street parking space shall be provided for
each room available for rent, in addition to those required for the
dwelling unit;
D. Within the (A, C and R) Zones, all off-street parking
areas shall be set back a minimum of 25 feet from all property lines,
and within the (R-1, R-2, R-3, and VO) Zones, they shall be set back
at least 10 feet;
E. A bed-and-breakfast may erect one sign no larger than
12 square feet in size. Such sign must be set back 10 feet from all
lot lines;
F. Meals shall be offered only to registered overnight
guests;
G. The applicant shall furnish evidence that an approved
means of sewage disposal and water supply shall be used;
H. The applicant shall furnish proof of any needed land
development approvals and approval from the Pennsylvania Department
of Labor and Industry; and
I. All bed-and-breakfasts shall have a full-time manager
on the site.
Within the (C, I-1, and I-2) Zones, billboards
are permitted by special exception, subject to the following criteria:
A. Billboards within the (C) Zone must be located and
oriented to traffic conveyed upon I-76 and/or PA Route 222;
B. No billboard shall be located within 1,000 feet of
another billboard;
C. All billboards shall be a minimum of 50 feet from
all side and rear property lines;
D. All billboards shall be set back at least 35 feet
from any street right-of-way lines;
E. All billboards shall be set back at least 100 feet
from any land within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones;
F. No billboard shall obstruct the view of motorists
on adjoining roads, or the view of adjoining commercial or industrial
uses, which depend upon visibility for identification; and
G. No billboard shall exceed an overall size of 300 square
feet, nor exceed 25 feet in height.
A. Within the (A, R, C, and R-2) Zones, boardinghouses
are permitted by special exception;
B. Minimum lot area: one acre;
C. The applicant shall furnish evidence that approved
systems for sewage disposal and water supply shall be used;
D. Within the (A) Zone, boardinghouses shall only occupy
dwellings that had at least 3,500 square feet on the effective date
of this chapter. No modifications to the external appearance of the
building (except fire escapes), which would alter its residential
character, shall be permitted;
E. All floors above the second story and/or below grade
shall have a permanently affixed direct means of escape to ground
level;
F. One off-street parking space shall be provided for
each room available for rent, in addition to those required for the
dwelling unit;
G. Within the (A, C and R) Zones, all parking areas shall
be set back a minimum of 25 feet and be screened from all property
lines, and within the (R-2) Zone, they shall be set back a minimum
of 10 feet and be screened from all property lines;
H. Meals shall be offered only to registered tenants;
and
I. All uses must comply with Pennsylvania Department
of Labor and Industry requirements.
Within the (C) Zone, campgrounds are permitted
by special exception, subject to the following criteria:
A. Minimum lot area: five acres;
B. Setbacks: All campsites shall be located at least
50 feet from any side or rear property line and at least 100 feet
from any street line;
C. No more than 15 campsites per acre within a campground
is permitted, and each campsite shall either provide parking space
which will not interfere with the convenient and safe movement of
traffic, or equivalent parking shall be provided in a common parking
area;
D. An internal road system shall be provided in accordance with §
194-25 of Chapter
194, Subdivision and Land Development;
E. All outdoor play areas shall be set back 100 feet
from any property line and screened from adjoining residentially zoned
properties. Such outdoor play areas shall be used exclusively by registered
guests and their visitors;
F. All campgrounds shall furnish centralized sanitary
and garbage collection/recycling facilities that shall be set back
a minimum of 100 feet from any property line. Such facilities shall
be screened from adjoining residentially zoned properties;
G. Any accessory retail or service commercial uses shall
be set back a minimum of 100 feet from any property line. Such accessory
commercial uses shall be solely designed and constructed to serve
the campground's registered guests and their visitors. Any parking
spaces provided for these commercial uses shall have vehicular access
from the campground's internal road, rather than the public street.
All accessory commercial uses and related parking shall be screened
from adjoining residentially zoned parcels;
H. All campgrounds containing more than 100 campsites shall have direct vehicular access to an arterial or collector street, as identified on the Official
Zoning Map;
I. A campground may construct one freestanding or attached
sign containing no more than 32 square feet. Any reference to accessory
commercial or recreational facilities shall remain secondary in size
to the reference of the principal campground use. Such sign shall
be set back at least 10 feet from the street right-of-way line, and
at least 25 feet from adjoining lot lines;
J. A minimum of 20% of the gross area of the campground
shall be devoted to active and passive recreational facilities. Responsibility
for maintenance of the recreation area shall be with the landowner.
Should the landowner neglect to maintain the recreation area, the
Board of Supervisors shall then maintain the area, and shall assess
the landowner for any costs incurred;
K. Every campground shall have an office in which shall
be located the person responsible for operation of the campground.
Such person shall maintain a daily registration log of tenants; such
registration log shall be maintained for each calendar year;
L. All water facilities, sewage disposal systems, rest
rooms, solid waste disposal, and vector control shall be approved
and maintained in accordance with the requirements of the Pennsylvania
Department of Environmental Protection (PA DEP);
M. All lighting shall be arranged and shielded so that
no glare or direct illumination shall be cast upon adjacent properties
or public streets;
N. Occupancy of a camp site by the same tenant shall
be limited to no more than 181 days during any calendar year;
O. Upon the proper installation of the campground, the
Zoning Officer shall issue a temporary use and occupancy permit. Such
permit shall be reviewed every 12 months. A fee, in the amount to
be set by the Board of Supervisors, shall be paid by the landowner
upon each renewal of the temporary use and occupancy permit. Such
fee shall be based upon the cost of the annual review of the permit;
P. Prior to the issuance of renewal of a certificate
of use and occupancy, the owner of a campground shall file with, and
receive approval by, the Board of Supervisors of a set of campground
regulations;
Q. Upon due notice, the Zoning Officer may revoke a certificate
of use and occupancy for failure by the owner to enforce such regulations,
or for the violation of this chapter or other provisions, and the
same shall not be reinstated or renewed until satisfactory guarantees
of future enforcement are provided; and
R. All campgrounds must obtain and maintain a permit
from the Pennsylvania Department of Health.
Within the (C-1) Zone, car washes are permitted
by special exception, subject to the following criteria:
A. Public sewer and water facilities shall be utilized
and gray water recycling is required;
B. For automatic and self-service car washes, each washing
bay shall provide a minimum one-hundred-foot-long on-site stacking
lane which precedes the washing process. For full-service car washes,
such on-site stacking shall be a minimum of 300 feet per lane;
C. For full service car washes, a post-washing drying
area shall be provided for no less than six vehicles per washing lane;
D. All structures housing washing apparatuses shall be
set back 100 feet from any street right-of-way line, 50 feet from
any rear property line, and 20 feet from any side lot line;
E. Trash receptacles shall be provided and routinely
emptied to prevent the scattering of litter, and the applicant shall
furnish and implement a working plan for the cleanup of litter and
debris;
F. The subject property shall front on an arterial or
collector road;
G. The applicant shall demonstrate adequate provision
for the collection and disposal of greases and wastes; and
H. Despite regulations to the contrary contained within §
220-21E of this chapter, car washes need not share access drives nor off-street parking spaces.
Within the (R, R-1, and R-2) Zones, churches
and related uses are permitted by special exception, subject to the
following criteria:
A. House of worship.
(1) Minimum lot area: two acres;
(2) Minimum lot width: 200 feet;
(3) Maximum permitted lot coverage: 50%, unless a greater
percentage is permitted elsewhere within this chapter;
(4) All houses of worship shall have direct vehicular
access to an arterial or collector road;
(5) Side yard setback: 50 feet on each side; and
(6) All off-street parking areas shall be set back at
least 25 feet from the street right-of-way line.
B. Church-related residences (rectories and convents).
(1) All residential uses shall be accessory, and located
upon the same lot or directly adjacent to a lot containing a house
of worship; and
(2) All residential uses shall be governed by the location,
height and bulk standards imposed upon other residences within the
underlying zone.
C. Church-related educational or day-care facilities.
(1) All educational or day-care uses shall be accessory,
and located upon the same lot as a house of worship;
(2) If education or day-care is offered below the college
level, an outdoor play area shall be provided, at a rate of 100 square
feet per individual enrolled. Off-street parking lots shall not be
used as outdoor play areas, unless the applicant can demonstrate that
such parking lots are not in use during play periods. Outdoor play
areas shall not be located within the front yard, and must be set
back 10 feet from all property lines. Outdoor play areas shall be
completely enclosed by a minimum four-foot-high fence. Any vegetative
materials located within the outdoor play areas shall not be of a
harmful type (poisonous, thorny, allergenic, etc.). All outdoor play
areas must provide a means of shade, such as a shade tree(s) or pavilion(s);
(3) "Enrollment" shall be defined as the largest number
of persons under day-care supervision at any one time during a seven-day
period;
(4) Passenger "drop-off" areas shall be provided and arranged
so that passengers do not have to cross traffic lanes on or adjacent
to the site;
(5) All educational or day-care uses shall be governed
by the location, height, and bulk standards imposed upon principal
uses within the underlying zone; and
(6) Unless the applicant can demonstrate that the off-street
parking associated with the house of worship is sufficient for the
proposed use, one off-street parking space shall be provided for each
six persons enrolled.
D. Cemeteries.
(1) All burial plots or other interment facilities shall
be located at least 25 feet from any property line or street line;
(2) Assurances must be provided that water supplies of
surrounding properties will not be contaminated by burial activity
within the proposed cemetery; and
(3) No burial plots or facilities are permitted in floodplain
or flood-fringe areas.
Within the (C and R) Zones, clubhouses (as defined
herein) are permitted by special exception, subject to the following
criteria:
A. All off-street parking shall be provided between the
front face of the building and a point 25 feet from the right-of-way
line of adjoining road(s). Parking compounds will also be screened
and set back 30 feet from any adjoining residential lot lines;
B. All outdoor recreation/activity areas shall be set
back at least 50 feet from any property line; and
C. The applicant shall furnish evidence that an approved
means of sewage disposal and water supply shall be used.
Within the (C-1) Zone, commercial and private
schools (excluding vocational and mechanical trade schools) are permitted
by special exception, subject to the following criteria:
A. All height, area, setback, and coverage standards
within the underlying zone shall apply;
B. All buildings shall be set back at least 100 feet
from any adjoining land within a (R, R-1, R-2, R-3, MHP, or VO) Zone;
C. If education is offered below the college level, an
outdoor play area shall be provided, at a rate of 100 square feet
per individual enrolled. Off-street parking lots shall not be used
as outdoor play areas. Outdoor play areas shall not be located within
the front yard, and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a minimum four-foot-high
fence and screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play area shall
not be of a harmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s); "enrollment" shall be defined as the largest
number of students on the site at any one time during a seven-day
period; and
D. Passenger "drop-off" and "pickup" areas shall be provided
and arranged so that students do not have to cross traffic lanes on
or adjacent to the site.
Within the (R-3) Zone, commercial conversions
are permitted by special exception, subject to the following criteria:
A. Only single-family detached dwellings that existed
on the effective date of this chapter may be converted to include
a commercial shop, salon or office. Such commercial uses shall be
limited to that area of the first floor of the building as it existed
on the effective date of this chapter;
B. The applicant shall furnish evidence that any alterations,
improvements or other modifications proposed to the building will
be accomplished in a manner that complements its residential character;
C. The applicant shall furnish evidence of an approved
means of water supply and sewage disposal;
D. The applicant shall obtain any necessary land development
approvals;
E. All commercial off-street parking and/or loading areas
shall be screened from adjoining residences and roads; and
F. One sign shall be permitted which is no larger than
six square feet and is affixed to the building.
Within the (C-1) Zone, commercial day-care facilities
are permitted by special exception, subject to the following criteria:
A. An outdoor play area shall be provided, at a rate
of 100 square feet per individual enrolled. Off-street parking compounds
shall not be used as outdoor play areas. Outdoor play areas shall
not be located within the front yard and must be set back 25 feet
from all property lines. Outdoor play areas shall be completely enclosed
by a minimum four-foot-high fence, and screened from adjoining residentially
zoned properties. Any vegetative materials located within the outdoor
play areas shall not be of a harmful type (poisonous, thorny, allergenic,
etc.). All outdoor play areas must provide a means of shade, such
as a shade tree(s) or pavilion(s);
B. "Enrollment" shall be defined as the largest number
of persons under day-care supervision at any one time during a seven-day
period;
C. Passenger "drop-off" and "pickup" areas shall be provided
and arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site; and
D. One off-street parking space shall be provided for
each six persons enrolled, or fraction thereof.
Within the (A) Zone, commercial livestock hauling
is permitted by special exception, subject to the following criteria:
A. The site must front on, and have sole vehicular access
to, PA Route 272;
B. The use must have been in existence on the effective
date of this chapter;
C. Except for livestock raised on the property, no livestock
shall be stored nor transported to or from the site;
D. All service and/or repair activities shall be conducted
within a completely enclosed building;
E. All exterior storage of vehicles used in the hauling
operation shall be set back at least 50 feet from adjoining street
lines and property lines, and shall be covered in an all-weather and
dust-free surface; and
F. The storage of junked vehicles and/or equipment is
prohibited.
Within the (C-1) Zone, commercial recreation
facilities are permitted by special exception, subject to the following
criteria:
A. If the subject property contains more than two acres,
it shall front on an arterial or collector road;
B. Those uses involving outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties. All uses must comply with §
220-48 of this chapter;
C. Structures exceeding the maximum permitted height
may be permitted, so long as they are set back from all property lines
at least the horizontal distance equal to their height, plus an additional
50 feet. Furthermore, such structures shall not be used for occupancy;
D. The applicant shall furnish qualified evidence that
the proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, noise, light, litter, dust, and pollution;
E. Required parking will be determined based upon the types of activities proposed and the schedule listed in §
220-42 of this chapter. In addition, the Board may require an unimproved, grassed, overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;
F. Any booths or other structures used for the collection
of admission and/or parking fees shall be set back and arranged to
prevent vehicle backups on adjoining roads during peak arrival periods.
Any other collection of fees (roaming parking lot attendants) shall
be conducted in a manner to prevent vehicle backups on adjoining roads.
If, at any time after the opening of the commercial recreation facility,
the Board of Supervisors determines that traffic backups are occurring
on adjoining roads, and such backups are directly related to the means
of access to the subject property, the Board of Supervisors can require
the applicant to revise means of access to relieve the undue congestion;
and
G. Any outside pedestrian waiting lines shall be provided
with a means of shade.
[Amended 10-1-2008 by Ord. No. 2008-03; 11-19-2015 by Ord. No. 2015-04]
A. Purposes and findings of fact.
(1) The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in East Cocalico Township (referred to herein as the "Township").
While the Township recognizes the importance of wireless communications
facilities in providing high-quality communications service to its
residents and businesses, the Township also recognizes that it has
an obligation to protect public safety and to minimize the adverse
visual effects of such facilities through the standards set forth
in the following provisions.
(2) By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(f)
Promote the health, safety and welfare of the Township's residents.
B. General requirements for non-tower wireless communications facilities.
(1) The following regulations shall apply to all non-tower WCFs:
(a)
Permitted in all zones subject to regulations. Non-tower WCFs
are permitted in all zoning districts subject to the restrictions
and conditions prescribed below and subject to applicable permitting
by the Township.
(b)
Prohibited on certain structures. No non-tower WCF shall be
located on single-family detached dwellings, duplexes, townhouses,
or any residential accessory structure.
(c)
Non-tower WCFs shall be set back a minimum of 25 feet from the dwelling types listed in §
220-82B(1)(b).
(d)
Noncommercial usage exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, amateur (ham) radio, and/or Internet connections at their respective residences shall be exempt from the regulations enumerated in this §
220-82 of the Zoning Ordinance.
(e)
Timing of approval for co-location applications. The following
time frames shall apply to applications for co-located tower-based
WCFs:
[1]
Applications for co-located facilities that do not substantially
change the dimensions of the underlying wireless support structure
or that otherwise fall under the WBCA. Within 30 calendar days of
the date that an application for a non-tower WCF is filed with the
Township, the Township shall notify the WCF applicant in writing of
any information that may be required to complete such application.
Within 60 calendar days of receipt of a complete application, the
Township shall make its final decision on whether to approve the application
and shall advise the WCF applicant in writing of such decision.
[2]
Applications for co-located facilities that do substantially
change the dimensions of the underlying wireless support structure
or that otherwise do not fall under the WBCA. Within 30 calendar days
of the date that an application for a non-tower WCF is filed with
the Township, the Township shall notify the WCF applicant in writing
of any information that may be required to complete such application.
Within 90 calendar days of receipt of a complete application, the
Township shall make its final decision on whether to approve the application
and shall advise the WCF applicant in writing of such decision.
(f)
Nonconforming wireless support structures. Non-tower WCFs shall
be permitted to co-locate upon nonconforming tower-based WCFs. Co-location
of WCFs upon existing tower-based WCFs is encouraged even if the tower-based
WCF is nonconforming as to use and design within a zoning district.
(g)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. WCFs shall at all times be kept
and maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any person or any property in the Township.
(h)
Wind and ice. All non-tower WCF structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
(i)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(j)
Public safety communications. Non-tower WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(k)
Radio frequency emissions. A non-tower WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(l)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(m)
Insurance. Each person that owns or operates a non-tower WCF
shall provide the Township with a certificate of insurance evidencing
and maintaining 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 non-tower WCF and
$2,000,000 aggregate coverage. The certificate shall name East Cocalico
Township as an additional insured.
(n)
Indemnification. Each person that owns or operates a non-tower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the non-tower WCF. Each person that owns or operates
a non-tower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a non-tower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
(o)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(2) In addition to the general requirements for non-tower wireless communications
facilities, the following regulations shall apply to all co-located
non-tower WCFs that do not substantially change the physical dimensions
of the wireless support structure to which they are attached, or otherwise
fall under the Pennsylvania Wireless Broadband Collocation Act:
(a)
Permit required. WCF applicants shall obtain a building permit
from the Township. In order to be considered for such permit, the
WCF applicant must submit a permit application to the Township in
accordance with applicable permit policies and procedures.
(b)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF or
$1,000, whichever is less.
(3) In addition to the general requirements for non-tower wireless communications
facilities, the following regulations shall apply to all non-tower
WCFs that do substantially change the wireless support structure to
which they are attached, or that otherwise do not fall under the Pennsylvania
Wireless Broadband Collocation Act:
(a)
Special exception authorization required. Any WCF applicant
proposing the construction of a new non-tower WCF, or the modification
of an existing non-tower WCF that does not fall under the Pennsylvania
WBCA, shall apply for special exception authorization from the Township.
The special exception application shall demonstrate that the proposed
facility complies with all provisions applicable to the proposed WCF
in the East Cocalico Township Zoning Ordinance.
(b)
Historic buildings. No non-tower WCF may be located upon any
property or on a building or structure that is listed on either the
National or Pennsylvania Register of Historic Places or is listed
on the official historic structures and/or historic districts list
maintained by the Township.
(c)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these WCF provisions. The WCF applicant and/or owner
of the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(d)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs.
(e)
Development regulations. Non-tower WCFs shall be located on
existing structures or wireless support structures, such as tower-based
WCFs, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted
WCF shall not exceed 20 feet above the maximum height permitted in
the underlying zoning district, to the extent permitted by law and
unless the WCF applicant applies for, and subsequently obtains, a
variance.
[2]
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Township justifying the total height
of the non-tower WCF. Such documentation shall be analyzed in the
context of such justification on an individual basis.
[3]
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district, and landscaping shall
be required to screen as much of the equipment building as possible
in accordance with Township regulations.
(f)
Security fence. A security fence with a minimum height of eight
feet and a self-locking gate shall surround any separate communications
equipment building. Vehicular access to the communications equipment
building shall not interfere with parking or vehicular circulation
on the site for the principal use.
(g)
Stealth technology. Non-tower WCFs shall employ stealth technology
and be treated to match the wireless support structure in order to
minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(h)
Removal, replacement and modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not substantially change the
overall size of the wireless support structure or the number of antennas.
[2]
Any material modification to an existing WCF shall require notice
to be provided to the Township, and possible supplemental permit approval
to the original permit or authorization.
(i)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance and
any other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(4) Regulations applicable to all non-tower WCFs located in the public rights-of-way. In addition to the non-tower WCF provisions listed in §
220-82B, the following regulations shall apply to non-tower WCFs located in the public rights-of-way:
(a)
Location and co-location. Non-tower WCFs in the ROW shall be
co-located on existing poles, such as existing utility poles or light
poles. If co-location is not technologically feasible, the WCF applicant
shall locate its non-tower WCF on existing poles or freestanding structures
that do not already act as wireless support structures with the Township's
approval.
(b)
Design requirements:
[1]
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
[2]
Antennas and related equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(c)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(d)
Equipment location. Non-tower WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists, or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb or
within an easement extending onto a privately owned lot.
[2]
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[3]
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on any wireless support structures or any related
equipment shall be removed at the sole expense of the owner.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
C. General and specific requirements for all tower-based wireless communications
facilities.
(1) The following regulations shall apply to all tower-based wireless
communications facilities:
(a)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(b)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail notice to all owners of every property
within 500 feet of the proposed facility. The WCF applicant shall
provide proof of the notification to the Township.
(c)
Special exception authorization required. Tower-based WCFs are
permitted in certain zoning districts by special exception and at
a height necessary to satisfy their function in the WCF applicant's
wireless communications system. No WCF applicant shall have the right
under these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
WCF applicant shall demonstrate that the tower-based WCF is the minimum
height necessary for the service area.
[1]
Prior to the Board's approval of a special exception authorizing
the construction and installation of a tower-based WCF, it shall be
incumbent upon the WCF applicant for such special exception approval
to prove to the reasonable satisfaction of the Board that the WCF
applicant cannot adequately extend or infill its communications system
by the use of equipment such as redoes, repeaters, antenna(s) and
other similar equipment installed on existing structures, such as
utility poles or their appurtenances and other available tall structures.
The WCF applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable alternative location
exists.
[2]
The special exception application shall be accompanied by a
propagation study evidencing the need for the proposed tower or other
communications facilities and equipment, a description of the type
and manufacturer of the proposed transmission/radio equipment, the
frequency range (megahertz band) assigned to the WCF applicant, the
power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
[3]
The special exception application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
state and federal laws and regulations concerning aviation safety.
[4]
Where the tower-based WCF is located on a property with another
principal use, a land development plan approval is required. Additionally,
the WCF applicant and owner must enter into a written easement with
the proposed WCF with vehicular access to the facility.
[5]
The special exception application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
applicable provisions in this section.
(d)
Engineer inspection. Prior to the Township's issuance of a permit
authorizing construction and erection of a tower-based WCF, the applicant
shall employ a structural engineer registered in Pennsylvania to issue
to the Township a written certification of the proposed WCF's ability
to meet the structural standards offered by either the Electronic
Industries Association or the Telecommunications Industry Association.
Such engineer shall certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the hearings, or at a minimum be made as a condition attached
to any approval given such that the certification be provided prior
to issuance of any building permits.
(e)
Visual appearance and land use compatibility. Tower-based WCFs
shall employ stealth technology, which may include the tower portion
being painted silver or another color approved by the Township or
having a galvanized finish. All tower-based WCFs and related equipment
shall be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade to blend with
the existing surroundings and neighboring buildings to the greatest
extent possible. The Township shall consider whether its decision
upon the subject application will promote the harmonious and orderly
development of the zoning district involved; encourage compatibility
with the character and type of development existing in the area; benefit
neighboring properties by preventing a negative impact on the aesthetic
character of the community; preserve woodlands and trees existing
at the site to the greatest possible extent; and encourage sound engineering
and land development design and construction principles, practices
and techniques.
(f)
Landscaping. An evergreen screen shall be required to surround
the site. The screen can be either a hedge or a row of evergreen trees.
The evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
(g)
Co-location and siting. An application for a new tower-based
WCF shall demonstrate that the proposed tower-based WCF cannot be
accommodated on an existing or approved structure or building or sited
on land owned and maintained by East Cocalico Township. The Township
may deny an application to construct a new tower-based WCF if the
WCF applicant has not made a good-faith effort to mount its antenna(s)
on an existing structure. The WCF applicant shall demonstrate that
it contacted the owners of tall structures, buildings, and towers
within a one-fourth-mile radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
[1]
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or 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 tower, and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(h)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any WCF applicant proposing
the modification of an existing tower-based WCF, which increases the
overall height of such WCF, shall first obtain a permit from the Township.
Nonroutine modifications shall be prohibited without a permit.
(i)
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage or capacity
exists with respect to all wireless operators in the applicable area
and that the type of WCF being proposed is the least-intrusive means
by which to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Township's
decision on an application for approval of a tower-based WCF.
(j)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
To the extent permissible under state and federal law, the owner of
a tower-based WCF shall not install any additional antennas without
obtaining the prior written approval of the Township.
(k)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour in addition
to the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association (ANSI/EIA/TIA-222,
as amended).
(l)
Height. Any tower-based WCF shall be designed at the minimum
functional height and shall not exceed 200 feet vertically from the
base of the WCF to the top of the original wireless support structure.
An existing tower may be modified or extended to a height not to exceed
215 feet, in order to accommodate the co-location of additional communications
antennas.
(m)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area, or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment,
may be located on the site for each unrelated company sharing commercial
communications antenna(s) space on the tower-based wireless communications
facility.
(n)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(o)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Township's
residents, and utilize the best available technology for preventing
failures and accidents.
(p)
Radio frequency emissions. A tower-based WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(q)
Historic buildings or districts. A tower-based WCF shall not
be located upon a property and/or on a building or structure that
is listed on either the National or Pennsylvania Register of Historic
Places.
(r)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be that required by the FCC or any other federal or
state agency.
(s)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the WCF applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
(t)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(u)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(v)
Retention of experts. The Township may hire any consultant and/or
expert necessary to assist the Township in reviewing and evaluating
the application for approval of the tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these provisions. The WCF applicant and/or owner
of the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(w)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the WCF applicant in writing of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Township shall advise the WCF applicant in writing of
its decision. If additional information was requested by the Township
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the one-hundred-fifty-day
review period.
(x)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location but must otherwise comply with
the terms and conditions of this section.
(y)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Special exception authorization automatically
lapses after 12 continuous months of disuse or abandonment. Unused
or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(z)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring, and related costs.
(aa)
FCC license. Each person that owns or operates a tower-based
WCF over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(bb)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Township with a certificate
of insurance evidencing and maintaining general liability coverage
in the minimum amount of $5,000,000 per occurrence and property damage
coverage in the minimum amount of $5,000,000 per occurrence covering
the tower-based WCF and $10,000,000 aggregate coverage. The certificate
shall name East Cocalico Township as an additional insured. Each person
that owns or operates a tower-based WCF 40 feet or less in height
shall provide the Township with 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 each tower-based WCF and $2,000,000 aggregate
coverage. The certificate shall name East Cocalico Township as an
additional insured.
(cc)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
(dd)
Engineer signature. All plans and drawings for a tower-based
WCF shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(ee)
Financial security. Prior to receipt of a building permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
(2) The following regulations shall apply to tower-based wireless communications
facilities located outside the public rights-of-way:
(a)
Development regulations.
[1]
Tower-based WCFs shall not be located in, or within 100 feet
of, any area in which utilities are primarily located underground.
[2]
Tower-based WCFs are permitted outside the public rights-of-way
in the following zoning districts by special exception, subject to
the above prohibition:
[c] I-1 Light Industrial Zone.
[d] I-2 Heavy Industrial Zone.
[3]
No site shall be located within 500 feet of:
[a] Any land within the R, R-1, R-2, R-3, MHP, MR,
or VO Zones;
[b] The nearest property line of any existing residence;
[c] The nearest property line of any approved lot that
has been subdivided during the last five years for residential purposes,
which has not yet been constructed;
[d] The nearest property line of any lot proposed for
residential purposes which has been submitted for preliminary or final
subdivision approval.
[4]
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the lot meets the minimum lot requirements
in the underlying zoning district. The minimum distance between the
base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 110% of the proposed WCF structure height.
[5]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, subject to the following conditions:
[a] The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[b] Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting if the proposed
WCF is greater than 40 feet in height.
[c] Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall be equal to the total height of the tower-based
WCF plus 50 feet or the minimum setback of the underlying zoning district,
whichever is greater. Where the site on which a tower-based WCF is
proposed to be located is contiguous to an educational use, child
day-care facility, or residential use, the minimum distance between
the base of a tower-based WCF and any such adjoining uses shall equal
250 feet, regardless of the height of the tower-based WCF, unless
it is demonstrated to the reasonable satisfaction of the Board that,
in the event of failure, the WCF is designed to collapse upon itself
within a setback area less than the required minimum setback without
endangering such adjoining uses and their occupants.
(b)
Design regulations.
[1]
The WCF shall employ the most-current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
[2]
To the extent permissible by law, any height extensions to an
existing tower-based WCF shall require prior approval of the Township.
[3]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
[4]
Any tower-based WCF over 40 feet in height shall be equipped
with an anti-climbing device, as approved by the manufacturer.
(c)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(d)
Fence/screen.
[1]
A security fence with a minimum height of eight feet and a self-locking
gate shall completely surround any tower-based WCF greater than 40
feet in height, as well as guy wires, or any building housing WCF
equipment.
[2]
Landscaping shall be required to screen as much of a newly constructed
tower-based WCF as possible. The Township may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping if, in the discretion of the Board,
they achieve the same degree of screening. Existing vegetation shall
be preserved to the maximum extent possible.
[a] An evergreen screen shall be required to surround
the site. The screen can either be a hedge (planted three feet from
center maximum) or a row of evergreen trees (planted 10 feet on center
maximum). The evergreen screen shall be a minimum height of six feet
at planting and shall grow to a minimum of 15 feet at maturity.
(e)
Accessory equipment.
[1]
Ground-mounted related equipment associated to, or connected
with, a tower-based WCF shall be placed underground or screened from
public view using stealth technologies, as described above.
[2]
All related equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(f)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCFs. The access road shall be a dust-free, all-weather surface for
its entire length. Maximum use of existing roads, whether public or
private, shall be made to the extent practicable. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the WCF owner shall present
documentation to the Township that the property owner has granted
an easement for the proposed facility.
(g)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(h)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the Zoning Ordinance and any other provisions
found within the Township Code or state or federal law. The Township
and/or its agents shall have the authority to enter the property upon
which a WCF is located at any time, upon reasonable notice to the
operator, to ensure such compliance.
(3) The following regulations shall apply to tower-based wireless communications
facilities located in the public rights-of-way:
(a)
Location and development standards.
[1]
Tower-based WCFs in the public ROW shall not exceed 40 feet
in height and are prohibited in areas in which utilities are located
underground.
[2]
Tower-based WCFs in the ROW shall not be located in the front
facade area of any structure.
[3]
Tower-based WCFs in the ROW shall be permitted along certain
collector roads and arterial roads throughout the Township, regardless
of the underlying zoning district. Those roads are the roads classified
as a collector or arterial roadways identified in the Transportation
Impact Fee Program Roadway Sufficiency Analysis.
(b)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(c)
Equipment location. Tower-based WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists, or to otherwise inconvenience public
use of the ROW, as determined by the Township. In addition:
[1]
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb.
[2]
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[3]
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the tower or on any related equipment shall
be removed at the sole expense of the owner.
(d)
Design regulations.
[1]
The WCF shall employ the most-current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
[2]
To the extent permissible under state and federal law, any height
extensions to an existing tower-based WCF shall require prior approval
of the Township and shall not increase the overall height of the tower-based
WCF to more than 40 feet.
[3]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(e)
Relocation or removal of facilities. Within three months following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of tower-based WCFs in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower-based WCF in the ROW is subject to the
Township's right to fix annually a fair and reasonable fee to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each tower-based WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection with
the activities described above.
Within the (C-1) Zone, convenience stores are
permitted by special exception, subject to the following criteria:
A. The applicant must furnish evidence as to how the
use will be controlled as to not constitute a nuisance due to noise
or loitering outside the store;
B. A minimum of one parking space for each 75 square feet of gross floor area shall be provided. In addition, any accessory uses shall also require those spaces required by §
220-42C(2) of this chapter;
C. Exterior trash/recycling receptacles shall be provided
and routinely emptied to prevent the scattering of litter, and the
applicant shall furnish and continuously implement a working plan
for the cleanup of litter and debris;
D. The subject property shall have a minimum width of
125 feet;
E. The subject property shall front on an arterial or
collector road as defined herein;
F. The subject property shall be set back at least 300
feet from any lot containing a school, day-care facility, playground,
library, hospital, or nursing, rest or retirement home;
G. All structures (including gasoline pump islands, but
not permitted signs) and machinery shall be set back at least 50 feet
from any street right-of-way line;
H. Access driveways shall be a minimum of 28 feet wide
and separated by 100 feet from one another, if located along the same
frontage as measured from edge to edge;
I. All ventilation equipment associated with fuel storage
tanks shall be set back 100 feet, and oriented away from any adjoining
properties within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones;
J. All automated teller machines shall be located, or
contain convenient parking spaces, so that the on-site movement of
vehicles will not be hampered by those cars belonging to persons using
the automated teller machines;
K. Any exterior microphone/speaker system and external lighting shall be arranged and/or screened to comply with those regulations contained within §
220-48 of this chapter; and
L. The applicant is required to demonstrate compliance
with all applicable state requirements imposed upon the proposed use.
Within the (C-2) Zone, convention centers are
permitted by conditional use, subject to the following criteria:
A. Convention centers may include any of the following
uses, provided such uses are primarily sized, located and designed
as one integrated development (e.g., shared parking, signage, access,
lighting, stormwater management, etc.) to serve those persons or groups
of persons attending the convention center, and not the general public:
(3) Meeting rooms and auditoriums;
(4) Banquet and social halls;
(5) Restaurants (excluding fast-food restaurants);
(7) Indoor theaters and arenas;
(9) Retail shops and concessionaires;
(10)
Personal service shops (i.e., barbers, salons,
dry cleaners, tailors, shoe repair, but excluding adult-related uses);
(11)
Commercial day-care facilities;
(12)
Information centers and booths; and
(13)
Outdoor activities provided that no such activities
shall be conducted upon any area of required off-street parking or
off-street loading, including, but not limited to, outdoor amusements,
shows for automobiles, consumer goods, agricultural equipment, supplies
and livestock, sports equipment, boats, home and building materials
and landscaping, community festivals, carnivals, circuses, concerts
and other similar events.
B. Minimum required lot area: 10 acres;
C. All uses shall be served by both public sewer and
public water utilities;
D. The subject property shall provide a suitable means
of vehicular access that conveniently connects to an arterial road;
E. Required parking will be determined based upon a combination of the types of activities proposed, and the schedule listed in §
220-42 of this chapter. In addition, an unimproved, grassed, overflow parking area to be provided for peak use periods shall be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations. If, at any time after the opening of the facility, the Board of Supervisors determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the lack of on-site parking, the Board of Supervisors can require the applicant to revise and/or provide additional on-site parking space;
F. Any booths or other structures used for the collection
of admission and/or parking fees shall be set back and arranged to
prevent vehicle backups on adjoining roads during peak arrival periods.
Any other collection of fees (roaming parking lot attendants) shall
be conducted in a manner to prevent vehicle backups on adjoining roads.
If, at any time after opening, the Township determines that traffic
backups are occurring on adjoining roads, and such backups are directly
related to the means of access to the subject property, the Township
can require the applicant to revise means to relieve the undue congestion;
G. Any outside pedestrian waiting lines shall be provided
with a means of shade;
H. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution. Any noise or light generated on the site must comply with §
220-48 of this chapter;
I. Those uses involving extensive outdoor activities
and/or display shall provide sufficient screening and/or landscaping
measures to mitigate any visual and/or audible impacts on adjoining
properties and roads. No outdoor storage is permitted;
J. A traffic impact report shall be prepared in accordance with §
220-50 of this chapter;
K. Any exterior public address system shall be designed
and operated so that the audible levels of any messages conveyed over
the system will not exceed the ambient noise levels of the use, as
measured at each of the property lines;
L. The convention center is eligible to utilize signage applicable to shopping centers, as listed in §
220-45B of this chapter; and
M. All uses within the convention center shall be linked
with sidewalks and/or pathways to facilitate safe and efficient pedestrian
movements.
Within the (C-1 and C-2) Zones, drive-through
and/or fast food restaurants are permitted by special exception, subject
to the following criteria:
A. The subject property shall provide for a suitable
means of vehicular access that conveniently connects with an arterial
road;
B. Exterior trash/recycling receptacles shall be provided
and routinely emptied so as to prevent the scattering of litter. All
applications shall include a description of a working plan for the
cleanup of litter;
C. All drive-through-window lanes shall be separated
from the parking lot's interior driveways and shall provide at least
200 feet of on-site stacking per lane, preceding the food order location;
D. Any exterior speaker/microphone and lighting systems shall be arranged and/or screened to comply with §
220-48 of this chapter;
E. All exterior seating/play areas shall be completely
enclosed by a minimum three-foot-high fence; and
F. No part of the subject property shall be located within
200 feet of any land within the (R, R-1, R-2, R-3, MHP, and/or VO)
Zones.
Within the (A, C, R, R-1, R-2, and R-3) Zones,
ECHO housing is permitted by special exception on no less than 1/2
acre, subject to the following criteria:
A. The elder cottage may not exceed 900 square feet of
floor area, except that an existing accessory structure may be converted
for this use, but only during its qualified occupancy;
B. The total building coverage for the principal dwelling,
any existing accessory structures and the elder cottage together shall
not exceed the maximum requirement for the zoning district in which
the elder cottage is located;
C. The elder cottage shall be occupied by either an elderly
(55 years or older) or challenged (mentally, physically, emotionally)
person related to the occupants of the principal dwelling by blood,
marriage or adoption;
D. The elder cottage shall be occupied by a maximum of
two people;
E. Utilities.
(1) For sewage disposal and water supply and all other
utilities, the elder cottage shall be physically connected to those
systems serving the principal dwelling. No separate utility systems
or connections shall be constructed or used. All connections shall
meet the applicable utility company standards and fees; and
(2) If on-site sewer or water systems are to be used,
the applicant shall submit evidence to the Zoning Hearing Board showing
that the total number of occupants in both the principal dwelling
and the elder cottage will not exceed the maximum capacities for which
the one-unit systems were designed, unless those systems are to be
expanded, in which case, the expansion approvals are to be submitted.
Any connection to or addition to an existing on-site sewer system
shall be subject to the review and approval of the Sewage Enforcement
Officer.
F. A minimum of one all-weather, off-street parking space,
with unrestricted ingress and egress to the street, shall be provided
for the elder cottage, in addition to that required for the principal
dwelling;
G. Any new elder cottage shall be installed and located
only in the side or rear yards, and shall adhere to all side and rear
yard setback requirements for principal uses;
H. Any new elder cottage shall be removed from that property
within 90 days after it is no longer occupied by a person who qualifies
for the use, and any existing accessory structures must revert to
a permitted use; and
I. Upon the proper installation of the elder cottage,
the Zoning Officer shall issue a temporary use and occupancy permit.
Such permit shall be reviewed every 12 months, until such time as
the elder cottage is required to be removed. A fee, in the amount
to be set by the Board of Supervisors, shall be paid by the landowner
upon each renewal of the temporary use and occupancy permit. Such
fee shall be based upon the cost of the annual review of the permit.
[Amended 1-21-2021 by Ord. No. 2021-02]
Within the (A) (C) and (C-1) Zones, farm occupations
are permitted by special exception, subject to the following criteria:
A. For each farm (as defined herein) existing on the
effective date of this chapter, only two farm occupations may be established
per farm;
B. All farm occupations must be established upon, and
remain accessory to, the principal agricultural use of the subject
property. This section is not intended to restrict the income generated
by a farm occupation. If the subject property ceases to be used for
agriculture, then the farm occupation must also cease;
C. Farm occupations may involve any one of a wide range
of uses, so long as it is compatible with the primary agricultural
use of the land. The applicant must demonstrate that the farm occupation
is compatible with the rural setting and will not create nuisances
for nearby residences and other uses;
D. For farm parcels of up to 50 acres in size, while
the farm occupation is in operation, non-farm-related subdivisions
will not be permitted. The purpose of this provision is to limit the
conversion of farmland to nonagricultural uses;
E. No more than the equivalent of four full-time, nonresident
employees of the farm parcel shall be employed by the farm occupations;
F. Each farm occupation shall occupy an area no greater
than a maximum of 4,000 square feet of gross floor area;
G. The maximum lot coverage, as specified in the underlying
Agricultural Zone, shall include the proposed farm occupation;
H. In no case shall the maximum acreage devoted to up
to two farm occupations (including the structure, parking, storage,
and driveway if separate) exceed more than one acre;
I. Where practicable, farm occupations shall be conducted
within an existing farm building. However, any building constructed
for use by the farm occupation shall be:
(1) Located behind a residence or other farm building(s);
or
(2) Set back 200 feet from every property line and be
located within 100 feet of the residence;
J. Any building constructed for the use of the farm occupation
shall be of a nature that it can be converted to agricultural use
or removed from the property if the farm occupation is discontinued.
The structure should blend in with the surrounding agricultural setting;
K. No farm occupation shall be located within 200 feet
of any adjacent (R, R-1, R-2, R-3, MHP, and/or VO) Zone. Such distances
shall be measured as a straight line between the closest points of
any structure, or any other physical improvement of the farm occupation
and the zone boundary line;
L. Off-street parking shall be provided per the schedule of required parking spaces contained in §
220-42C(2) of this chapter. The applicant shall demonstrate that sufficient parking for the anticipated demands of the farm occupation has been provided;
M. Any outdoor storage of supplies, materials or products
shall be located behind the building in which the farm occupation
is located. Such outdoor storage shall also be screened from adjoining
roads and properties;
N. Outdoor advertising signs for the farm occupation shall be regulated in accordance with the sign regulations contained in §
220-45 of this chapter. However, no such sign shall exceed 10 square feet in total area; and
O. The Zoning Hearing Board may also attach such other
reasonable conditions as deemed appropriate.
Within the (A) Zone, farm-related businesses
are permitted by special exception, subject to the following criteria:
A. The applicant must provide evidence that the proposed
use is important to local farming and is specifically sized to primarily
serve local users. All activities and services should be directed
at meeting the needs of those engaged in local farming. The facility
should be directed at providing materials and services needed to farm,
rather than the distribution of goods produced on the farm. Some examples
of farm-related businesses (if suitably sized) include, but need not
be limited to:
(1) Sales or repair of agricultural equipment;
(2) Blacksmith shops, farriers;
(5) Processing of locally produced agricultural products;
(6) Veterinary offices which primarily treat farm animals,
stables, kennels;
(7) Feed supply, fuel and fertilizer distributors;
(8) Composting and other farm waste storage facilities;
and
B. Uses shall have a minimum lot size of one acre. A
farm-related business shall occupy no more than three acres;
C. The design of a farm-related business shall be governed by the design standards for the Industrial Zone as listed in §
220-23, except as follows:
(1) The maximum lot coverage shall be 40%; and
(2) No part of a farm-related business shall be within
200 feet of any land within an (R, R-1, R-2, R-3, MHP, and/or VO)
Zone, nor 100 feet of any existing residence (including a farm dwelling);
D. Road classification must be appropriate for the expected type of volume of road traffic that will be generated by the proposed use, as determined by a traffic impact report, as required by §
220-50 of this chapter;
E. The length of any on-site access drive(s) shall be
sufficient to allow the stacking of delivery and/or customer vehicles.
Furthermore, any use that potentially involves the movement of vehicles
through mud and/or manure shall provide a paved apron of at least
50 feet from the street right-of-way. In addition, another fifty-foot
gravel section shall be located just beyond the paved apron;
F. Any outdoor storage of supplies, materials and products
shall be screened from adjoining roads and properties. The display
of farm equipment for sale shall be excluded from this provision;
G. One sign shall be permitted for a farm-related business;
such sign shall not exceed 32 square feet in total area;
H. Vegetative screening must be provided in accordance with §
220-45 of this chapter, when a farm-related business abuts any property used principally for residential purposes. Certain pieces of apparatus used for farm-related businesses, which create noxious dust, odor, light, or noise, shall require greater setbacks and vegetative screening, as determined by the Zoning Hearing Board; and
I. Any building constructed for use by the farm-related
business (unless uniquely suited to that business), shall be of a
type so that it can be converted to agricultural use, in the event
the farm-related business is discontinued (e.g., barn or shed).
Within the (C-1) Zone, farmers', antiques and/or
flea markets are permitted by special exception, subject to the following
criteria:
A. The retail sales area shall be considered to be that
of the smallest rectangle, or other regular geometric shape which
encompasses all display stands, booths, tables or stalls, plus any
adjoining aisles and/or walkways from which consumers can inspect
items for sale. The retail sales shall include all indoor and/or outdoor
areas as listed above;
B. The retail sales area shall be set back at least 50
feet from all property lines, and shall be calculated as part of the
maximum permitted lot coverage, regardless of its surface treatment;
C. Off-street parking shall be provided at the rate of
one space per each 200 square feet of retail sales area;
D. Off-street loading shall be calculated upon the retail sales area described above and according to the schedule listed in §
220-43 of this chapter;
E. All outdoor display and sales of merchandise shall
be completely enclosed within a minimum four-foot-high fence and shall
begin no earlier than 4:00 a.m., and be completed no later than official
sunset;
F. Any exterior amplified public address system and lighting shall be arranged and designed so as to comply with §
220-48 of this chapter;
G. Exterior trash and recycling receptacles shall be
provided amid any outdoor retail sales area. Such trash receptacles
shall be routinely emptied so as to prevent the scattering of litter
and debris. All applications shall include a description of a working
plan for the cleanup of litter;
H. Vendors are permitted to park and remain with their
vehicles overnight no earlier than one day prior, nor later than the
next day after, the conduct of a sale. Such parking shall only occur
within designated areas that are enclosed within a minimum four-foot-high
fence; and
I. A traffic impact report shall be prepared in accordance with §
220-50 of this chapter.
Within the (C-1) Zone, funeral homes are permitted
by special exception, subject to the following criteria:
A. Public sewer and water facilities shall be utilized;
B. Sufficient off-street parking shall be provided to
prevent traffic backups onto adjoining roads;
C. No vehicular access to the site shall be from an arterial
road; and
D. The applicant shall furnish expert testimony that
the disposal of human remains, and related chemicals and materials,
shall be in accordance with applicable laws and standards.
Within the (R) Zone, golf courses are permitted
by special exception, subject to the following criteria:
A. Minimum lot area: 30 acres;
B. Golf courses may include the following accessory uses,
provided such uses are reasonably sized and located, so as to provide
incidental service to the golf course employees and users:
(1) Clubhouse, which may consist of:
(a)
Restaurant, snack bar, lounge, and banquet facilities;
(e)
Golf cart and maintenance equipment storage
and service facilities;
(f)
Fitness and health equipment, including workout
machines, spas, whirlpools, saunas, and steamrooms;
(g)
Game rooms, including card tables, billiards,
ping-pong, and other similar table games; and
(h)
Baby-sitting rooms and connected fence-enclosed
playlots.
(2) Accessory recreation amenities located outside of
a building, including:
(a)
Driving range, provided that all lighting shall comply with §
220-48B of this chapter;
(d)
Tennis, platform tennis, handball, racquetball,
squash, volleyball, and badminton courts;
(e)
Bocce ball, croquet, shuffleboard, quoits, horseshoe
pits, and washers courses;
(f)
Picnic pavilions, picnic tables, park benches,
and barbecue pits;
(g)
Hiking, biking, horseback riding, and cross-country
ski trails; and
(h)
Playground equipment and playlot games, including
four-square, dodgeball, tetherball, and hopscotch.
(3) Freestanding maintenance equipment and supply buildings
and storage yards.
C. In no case shall the golf course design, permit or
encourage a golf ball to be driven across any building, building lot,
parking lot, street, access drive, or driveway;
D. All golf course buildings shall be set back 75 feet
from any adjoining roads and 100 feet from adjoining residential structures
or parcels;
E. Golf paths. Golf paths shall be graded so as to discharge
stormwater runoff. Surface conditions of paths shall be adequately
protected from an exposed soil condition. The golf course design shall
minimize golf path crossings of streets, access drives and driveways.
Easily identifiable golf paths must be provided for crossings of streets,
access drives or driveways. The golf course design shall both discourage
random crossing and require use of the golf path crossings of streets,
access drives and driveways. Golf path crossings shall conform with
the following:
(1) Each crossing shall be perpendicular to the traffic
movements;
(2) Only one street, access drive or driveway may be crossed
at each location;
(3) No crossing is permitted between a point 15 feet and
150 feet from the cartway edge of a street, access drive or driveway
intersection;
(4) The crossing must be provided with a clear sight triangle
of 75 feet, measured along the street, access drive or driveway center
line and the golf path center line, to a location on the center line
of the golf path, five feet from the edge of the roadway. No permanent
obstruction over 30 inches high shall be placed within this area;
(5) Sight distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by §
194-25L(5) of Chapter
194, Subdivision and Land Development;
(6) The golf cart path shall not exceed a slope of 8%
within 25 feet of the cartway crossing;
(7) Golf path crossings shall be signed, warning motorists
and pedestrians and golfers. The surface of the golf path shall be
brightly painted with angle stripes; and
(8) Golf path crossings of collector or arterial streets
shall consist of a tunnel or bridge that is not located at street
grade. The golf course design shall both prohibit on-grade crossing
of collector or arterial streets and require the use of the tunnel.
The construction of the collector or arterial roadway crossing of
the tunnel shall comply with PennDOT standards.
Within the (A, C, R, R-1, and R-3) Zones, group
day-care facilities are permitted by special exception, subject to
the following criteria:
A. An outdoor play area shall be provided, at a rate
of 100 square feet per individual enrolled. Off-street parking compounds
shall not be used as outdoor play areas. Outdoor play areas shall
not be located within the front yard and must be set back 25 feet
from all property lines. Outdoor play areas shall be completely enclosed
by a minimum four-foot-high fence, and screened from adjoining residentially
zoned properties. Any vegetative materials located within the outdoor
play areas shall not be of a harmful type (poisonous, thorny, allergenic,
etc.). All outdoor play areas must provide a means of shade, such
as a shade tree(s) or pavilion(s);
B. "Enrollment" shall be defined as the largest number
of persons under day-care supervision at any one time during a seven-day
period;
C. Passenger "drop-off" and "pickup" areas shall be provided
and arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site;
D. One off-street parking space shall be provided for
each six persons enrolled, or fraction thereof; and
E. Within the (A) Zone the site of a group day care shall
not exceed two acres in area.
Within the (C-1 and C-2) Zones, health and recreation
clubs are permitted by special exception, subject to the following
criteria:
A. Minimum lot area: two acres;
B. Off-street parking shall be provided, as required
by the combination of elements comprising the health club, including
accessory uses;
C. All outdoor recreation facilities shall be set back
at least 50 feet from the street right-of-way line, and 25 feet from
all other lot lines;
D. Any accessory eating or retail use shall not be directly
accessible without passing through the main clubhouse building; and
E. All lighting of outdoor recreation areas shall be designed and arranged to comply with §
220-48 of this chapter.
[Amended 10-1-2008 by Ord. No. 2008-03
Within the (I-1) and (I-2) Zones, heavy equipment sales, service
and repair, such as excavation machinery, commercial trucks, tractor
trailers, buses, mobile homes, and other similar machinery are permitted
by special exception subject to the following criteria:
A. All service
and/or repair activities shall be conducted within a completely enclosed
building;
B. All uses
involving drive-through service shall provide sufficient on-site stacking
lanes to prevent vehicle backups on adjoining roads;
C. All exterior
storage and/or display areas shall be screened from adjoining residentially
zoned properties. All exterior storage/display areas shall be set
back at least 50 feet from adjoining street lines, and shall be covered
in an all-weather, dust-free surface;
D. The storage
of junked vehicles, boats, machinery, trucks, tractor trailers, mobile
homes, and heavy equipment vehicles on the property is prohibited;
E. Any ventilation
equipment outlets associated with the service work area(s) shall not
be directed toward any adjoining property within the (R), (R-1), (R-2),
(R-3), (MHP) and/or (VO) Zones that is within 100 feet of such ventilation
equipment outlets; and
F. All vehicles,
tractor trailers and machinery shall be repaired and removed promptly
from the premises.
Within the (C-1 and C-2) Zones, home improvement
and building supply stores are permitted by special exception, subject
to the following criteria:
A. All outdoor storage and display areas (exclusive of
nursery and garden stock) shall be screened from adjoining roads and
properties;
B. If the subject property contains more than two acres,
it shall front along an arterial or collector road;
C. The retail sales area shall be all areas open for
public display, including, but not limited to, shelves, racks, bins,
stalls, tables, and booths, plus any adjoining aisles or walkways
from which consumers can inspect items for sale. The retail sales
area shall include both interior and exterior areas, as listed above;
D. Off-street parking shall be provided at the rate of
one space for each 200 square feet of interior retail sales area,
plus one space for each 500 square feet of exterior retail sales area;
E. All exterior retail sales areas shall include a dust-free
surface and a completely enclosed minimum six-foot-high fence;
F. All exterior storage and retail sales area (exclusive
of nursery and garden stock) shall be screened from adjoining roads
and properties;
G. The applicant shall furnish expert evidence that any exterior amplified public address system and/or exterior lighting has been arranged and designed so as to comply with §
220-48 of this chapter;
H. Any drilling, cutting, sawing, mixing, crushing, or
some other preparation of building materials, plus any testing or
repair of motorized equipment, shall be conducted within a completely
enclosed building;
I. The applicant shall submit a traffic impact report, as governed by §
220-50 of this chapter; and
J. The applicant shall submit a working plan for the
collection, recycling and disposal of litter and wastes.
[Amended 10-1-2008 by Ord. No. 2008-03]
Within the (A), (C), (R), (R-1), (R-2), (R-3) and (C-1) Zones,
home occupations are permitted by special exception, subject to the
following criteria:
A. Only single-family, detached and semi-detached dwellings may contain
a home occupation;
B. No more than two nonresident employees shall be permitted;
C. Such occupations shall be incidental or secondary to the use of the
property as a residence and are limited to those occupations customarily
conducted within a dwelling unit;
D. At least two off-street parking spaces in addition to those required
of residence units shall be required. Such parking spaces shall be
screened from adjoining properties;
E. No goods shall be visible from the outside of the dwelling;
F. The area used for the practice of a home occupation shall occupy
no more than 25% of the total floor area of the dwelling unit or 500
square feet, whichever is less. All home occupation activities shall
be conducted within the dwelling building;
G. No manufacturing, repairing, or other mechanical work shall be performed
in any open area. Such activity shall be conducted in such a way that
no noise, odor, vibration, electromagnetic interference, or smoke
shall be noticeable at or beyond the property line;
H. No external storage of materials or products shall be permitted.
No storage in accessory structures or attached garages shall be permitted;
I. The exterior appearance of the structure or premises is constructed
and maintained as a residential dwelling; and
J. One nonilluminated sign, not to exceed two square feet in display
area, shall be permitted.
Within the (C-2) Zone, hospitals and related
uses are permitted by special exception, subject to the following
criteria:
A. Minimum lot area: five acres;
B. The subject property shall have frontage along an
arterial or collector road;
C. Adequate provision shall be made for a system of roads
sufficient to accommodate predictable vehicular traffic and to ensure
safe and efficient vehicular access for emergency management equipment;
D. Emergency entrances shall be located on a building
wall which faces away from adjoining residentially zoned properties,
or separated by at least 300 feet from residentially zoned properties;
E. The applicant shall submit a traffic impact report, as governed by §
220-50 of this chapter;
F. Public sewer and public water utilities shall be utilized;
G. Adequate provision shall be made for the collection,
disposal and recycling of garbage, trash, and medical and hazardous
waste;
H. Where more than one of the uses enumerated in §
220-97I below are proposed, either at one time or separately over time, integrated site function and design shall be required, consistent with the creation of a campus-like environment;
I. Permitted uses:
(1) Commercial day-care facilities;
(2) Commercial schools with exclusively health care-related
curricula intended to prepare enrolled students for careers in health
care, nursing schools, and other allied health technology training
programs;
(3) Health and fitness clubs;
(5) Intermediate care and skilled nursing facilities;
(6) Medical and dental offices;
(7) Outpatient health services, including, but not limited
to, laboratories, radiological and diagnostic imaging services, blood
banks, outpatient surgery centers, and outpatient clinics and patient-care
facilities;
(8) Accessory buildings, uses and services customarily
incidental to the above uses, including, but not limited to, the following:
(b)
Automobile parking lots and parking garages;
(c)
Housing for students, employees and their families
in accordance with the standards of the (R-2) Zone;
(f)
Lodging facilities for patients and their families;
(g)
Public uses and essential services (e.g., private
central utility plant, electrical switching facility, steam generation
facility, heating facility, ventilation facility, and oxygen facility);
(h)
Retail sales of medical/health care-related
supplies (e.g., durable medical equipment, prosthetics, pharmaceutical
supplies) and retail sales/service for the convenience of employees,
patients and visitors (e.g., uniforms, flowers, gifts, uniform cleaning,
barber/beauty salons, automatic teller banking, restaurants). All
retail sales and services shall be located within buildings in which
other permitted uses are located. Retail sales and services may not
exceed 5% of the floor area of existing buildings within this zone;
and
(i)
Short-term, intermittent educational programs
which are not intended to prepare students for careers in health care,
but, rather, are intended to inform employees, patients, health care
providers, or the public regarding health care issues;
J. Specific requirements for selected accessory uses.
(1) Helistops. The helistop shall only be used for the
emergency transport by helicopter of patients to or from other permitted
health care-related uses. The helistop shall not include auxiliary
facilities, such as fueling and maintenance equipment. The helistop
shall be set back a minimum of 300 feet from any adjoining property
and any street. The applicant must demonstrate compliance, through
a written statement, and continue to comply with applicable state
and federal standards; and
(2) Incinerators and autoclaves. Only the processing of
waste generated on-site is permitted. All processing and storage of
waste shall be conducted within a completely enclosed building. All
storage of waste shall be in a manner that is leak- and vector-proof.
No storage of waste shall exceed seven days in length. The incinerator
shall be set back at least a distance equal to its height from all
lot lines. The applicant must demonstrate compliance, through a written
statement, and continue to comply with all applicable state and federal
standards and regulations; and
K. Maximum permitted height: 60 feet for hospitals, provided
all structures are set back a horizontal distance equal to their height
from each property line and street right-of-way line; 35 feet for
all other uses.
Within the (C-2) Zone, hotels (including related
dining facilities) are permitted by special exception, subject to
the following criteria:
A. Both public sewer and public water shall be utilized;
B. The following accessory uses may be approved as part
of the conditional use application:
(6) Recreational uses and swimming pools.
(8) Sauna, spa or steam room.
(11)
Other similar retail sales and personal services.
C. The above accessory uses (aside from outdoor recreational
uses) shall be physically attached to the main hotel building;
D. One freestanding restaurant, tavern or nightclub shall
be permitted on the same lot as a principal hotel, subject to the
following:
(1) The proposed restaurant, tavern or nightclub shall
offer the preparation and serving food and drink to be consumed on
the premises; no drive-through or take out services shall be permitted.
(2) No additional freestanding signs (other than those
permitted for the principal hotel use) shall be permitted.
(3) If a nightclub is proposed, the applicant shall furnish
evidence as to what means assure that the proposed nightclub will
not constitute a nuisance to adjoining uses (including the hotel)
by way of noise, litter, loitering and hours of operation.
(4) Sufficient off-street parking spaces have been provided
and located to conveniently serve the freestanding restaurant, tavern
and/or nightclub, without interfering with required off-street parking
associated with the hotel use.
Within the (C and R) Zones, hunting, fishing,
skiing, and/or boating resorts are permitted by conditional use, subject
to the following requirements:
A. Minimum required lot area: 10 acres;
B. Those uses involving extensive outdoor activities
shall provide sufficient screening and/or landscaping measures to
mitigate any visual and/or audible impacts on adjoining properties;
C. Any observation towers or ski lifts exceeding the
maximum permitted height may be permitted so long as they are set
back from all property lines at least the horizontal distance equal
to their height, plus an additional 50 feet. Furthermore, such structures
shall not be used for occupancy, unless there is qualified evidence
that there is adequate emergency rescue capabilities available from
the "first-due" fire company;
D. The applicant shall furnish evidence that approved
systems for sewage disposal and water supply will be utilized;
E. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution. The applicant must also demonstrate, with qualified expertise, compliance with applicable requirements of §
220-48 of this chapter;
F. Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in §
220-42. In addition, the Board of Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;
G. Any booths or other structures used for the collection
of admission and/or parking fees shall be set back and arranged to
prevent vehicle backups on adjoining roads during peak arrival periods.
Any other collection of fees (roaming parking lot attendants) shall
be conducted in a manner to prevent vehicle backups on adjoining roads.
If, at any time after the opening of the commercial recreation facility,
the Board of Supervisors determines that traffic backups are occurring
on adjoining roads, and such backups are directly related to the means
of access to the subject property, the Board of Supervisors can require
the applicant to revise means of access to relieve the undue congestion;
H. A traffic impact report shall be prepared in accordance with §
220-50 of this chapter;
I. Any use involving the discharge of firearms shall require approval under §
220-120 of this chapter; and
J. The use may construct one billboard in accordance with the regulations contained in §
220-71 of this chapter.
Within the (A) Zone, intensive livestock operations
are permitted by special exception, subject to the following requirements:
A. Any building or area used for the housing, feeding,
watering, or running of livestock or poultry shall be set back at
least 500 feet from:
(1)
The nearest property line of any existing residence,
other than the principal residence of the applicant;
(2)
The nearest property line of any approved lot
which has been subdivided during the last five years for residential
purposes, which has not yet been constructed; and
(3)
The nearest property line of any lot proposed
for residential purposes which has been submitted for preliminary
or final subdivision approval.
B. Any building or area used for the housing, feeding,
watering, or running of livestock or poultry shall be set back at
least 500 feet from any land within the (R, R-1, R-2, R-3, MHP, and/or
VO) Zones;
C. The applicant shall submit a copy of an approved nutrient
management plan for the proposed use, which has been reviewed and
approved by the appropriate reviewing agency. All subsequent operations
and activities shall be conducted in accordance with such plans. If,
at any time, the nutrient management plan is amended, the applicant
must again submit the amended plan to the Zoning Officer;
D. The applicant shall furnish evidence from the Lancaster
County Conservation District that the proposed use has an approved
conservation plan. All subsequent operations and activities shall
be conducted in accordance with such conservation plan. If, at any
time, the conservation plan is amended, the applicant must again furnish
evidence from the Lancaster County Conservation District that the
amended plan has been approved;
E. The applicant shall submit, abide by and demonstrate
a working knowledge of written qualified evidence describing those
methods that will be employed to:
(1)
Minimize odor on nearby properties. Unless these
methods employ the best possible techniques and materials that can
be practicably applied to the proposed use, the application will be
denied;
(2)
Dispose dead animals according to the regulations
of the Pennsylvania Department of Agriculture. In the event of a catastrophic
event in which mass disposal is warranted, the Pennsylvania Department
of Agriculture can require whatever disposal methods are deemed appropriate
to safeguard animal and public health; and
(3)
Comply with the above-required nutrient management
plan and conservation plan;
F. Any exhaust or ventilation fans employed shall be
oriented and directed away from the closest residence that is not
that of the operator. If said fans are within 1,000 feet of the closest
residence that is not that of the operator, then the applicant shall
construct a dispersion buffer between the exhaust of the fan and that
residence(s). Such dispersion buffer shall include a vegetative berm
that will effectively disperse or redirect fan exhaust so that no
direct exhaust velocity is perceptible at the property line;
G. Any driveway or access drive providing for vehicular
access to the proposed use shall maintain a fifty-foot-wide radius
for all turns and intersections;
H. Any on-site manure storage facilities shall comply
with the requirements of § 220-12B(8)(b);
I. All buildings used for the housing of livestock shall
be fitted with a solid concrete slab or slotted floor; and
J. The applicant may conduct a roadside stand operation
within one of the permanent buildings, but such use shall be limited
to no more than 250 square feet of display area.
K. Any property adjoining or within 75 feet of an unenclosed watercourse that has been previously inventoried within the Township as depicted on the East Cocalico Township
Historic and Riparian Buffer Overlay Zones Map shall provide a riparian buffer in accordance with §
220-29 of this chapter.
[Added 6-19-2014 by Ord.
No. 2014-05]
Within the (A) Zone, intensive produce operations
are permitted by special exception, subject to the following criteria:
A. Minimum lot area: 50 acres;
B. Maximum permitted lot coverage: 30%, including all
impervious surfaces;
C. If applicable, the applicant shall submit written
evidence from the appropriate review that the proposed use has an
approved nutrient management plan. All subsequent operations and activities
shall be conducted in accordance with such plans. If, at any time,
the nutrient management plan is amended, the applicant must again
submit written evidence of plan approval to the Zoning Officer;
D. The applicant shall furnish evidence from the Lancaster
County Conservation District that the proposed use has an approved
conservation plan. All subsequent operations and activities shall
be conducted in accordance with such conservation plan. If, at any
time, the conservation plan is amended, the applicant must again furnish
evidence from the Lancaster County Conservation District that the
amended plan has been approved;
E. The applicant shall abide by, and demonstrate a working
knowledge of, those methods that will be employed to comply with the
above-required nutrient management plan and conservation plan;
F. If greenhouses, or other buildings with substantially clear or translucent surfaces, are used, the applicant shall submit information that demonstrates compliance with §
220-48B of this chapter;
G. Any exhaust or ventilation fans employed shall be
oriented and directed away from the closest residence that is not
that of the operator. If said fans are within 1,000 feet of the closest
subject property line, then the applicant shall construct a dispersion
buffer. Such dispersion buffer shall include a vegetative berm that
will effectively disperse or redirect fan exhaust so that no direct
exhaust velocity is perceptible at any of the subject property lines;
H. Any driveway or access drive providing for vehicular
access to the proposed use shall be paved and shall maintain a fifty-foot-wide
radius for all turns and intersections;
I. Any on-site waste storage facilities shall comply
with the requirements of § 220-12B(8)(b) of this chapter;
J. While a commercial produce operation exists, no subdivision or land development that would create an additional principal dwelling unit shall be permitted on the subject property, except that subject to the limitations of §
220-12E; additional dwellings may be created for family members of the farm owner or for someone who is involved in the day-to-day farm operations;
K. Water supply.
(1)
The applicant shall submit an analysis of raw
water needs (groundwater or surface water) from either private or
public sources, indicating quantity of water required. If the source
is from a municipal system, the applicant shall submit documentation
that the public authority will supply the water needed;
(2)
In addition, if the facility is to rely upon
nonpublic sources of water, a water feasibility study will be provided
to enable the Township to evaluate the impact of the proposed development
on the groundwater supply and on existing wells. The purpose of the
study will be to determine if there is an adequate supply of water
for the proposed development to estimate the impact of the new development
on existing wells in the vicinity. The water feasibility study shall
be reviewed by the Township and Authority engineers;
(3)
A water system which does not provide an adequate
supply of water for the proposed development, considering both quantity
and quality, or does not provide for adequate groundwater recharge,
considering the water withdrawn by the proposed development, shall
not be approved by the Township;
(4)
A water feasibility study shall include the
following information:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area, with a radius of
at least one mile from the site;
(c)
The location of all existing and proposed wells
within 1,000 feet of the site, with a notation of the capacity of
all high-yield wells;
(d)
The location of all existing on-lot sewage disposal
systems within 1,000 feet of the site;
(e)
The location of all streams within 1,000 feet
of the site and all known point sources of pollution;
(f)
A determination of the long-term safe yield
based on the geologic formation(s) underlying the site;
(g)
A determination of the effects of the proposed
water supply system on the quantity and quality of water in nearby
wells, streams and the groundwater table; and
(h)
A statement of the qualifications and the signature(s)
of the person(s) preparing the study.
L. Should the proposed use not make use of public water,
and require more than 100,000 gallons of water per day, the applicant
shall furnish written evidence of approval from the Susquehanna Valley
River Basin Commission;
M. All commercial produce operations must comply with applicable stormwater management regulations of Chapter
194, Subdivision and Land Development;
N. The applicant shall be required to obtain an approved land development under Chapter
194, Subdivision and Land Development;
O. The applicant shall be required to submit a traffic impact report in accordance with §
220-50 of this chapter;
P. The applicant shall be required to submit a written
qualified plan for the removal of all buildings and the reclamation
of all topsoil in the event of discontinuance of the commercial produce
operation. If the site is graded during construction and operation
of the commercial produce operation, all topsoil shall remain on the
site in a manner which makes it conveniently accessible for reclamation.
Should the applicant not adequately guarantee the removal of such
buildings and reclamation of topsoil upon discontinuance of the commercial
produce operation at his/her expense, the conditional use shall be
denied;
Q. The site shall include one off-street parking space
for each employee during the largest work shift;
R. The applicant may conduct a roadside stand operation
within one of the permanent buildings, but such use shall be limited
to no more than 250 square feet of display area;
S. All buildings and storage/processing structures shall
be set back at least 100 feet from adjoining roads and properties,
and all off-street parking and loading spaces, outdoor storage areas
and dumpsters shall be set back at least 50 feet and screened from
adjoining roads and properties; and
T. One sign, as provided for in §
220-45B, shall be permitted.
U. Any property adjoining or within 75 feet of an unenclosed watercourse that has been previously inventoried within the Township as depicted on the East Cocalico Township
Historic and Riparian Buffer Overlay Zones Map shall provide a riparian buffer in accordance with §
220-29 of this chapter.
[Added 6-19-2014 by Ord.
No. 2014-05]
Within the (I-2) Zone, junkyards are permitted
by special exception, subject to the following criteria:
A. Minimum lot area: two acres;
B. The outdoor area devoted to the storage of junk shall
be completely enclosed by a ten-foot-high, sight-tight fence which
shall be set back at least 100 feet from all property lines;
C. All completely enclosed buildings used to store junk
shall be set back at least 50 feet from all property lines;
D. No material may be stored or stacked so that it is
visible from adjoining properties and roads;
E. All additional federal and state laws shall be satisfied;
F. The setback area between the fence and the lot lines
shall be kept free of weeds and all scrub growth;
G. All junk shall be stored or arranged so as to permit
access by fire-fighting equipment and to prevent the accumulation
of water, and with no junk piled to a height greater than eight feet;
H. No open burning of oil, grease, tires, gasoline, or
other similar material shall be permitted at any time;
I. Any junkyard shall be maintained in such a manner
as to cause no public or private nuisance, nor to cause any offensive
or noxious sounds or odors, nor to cause the breeding or harboring
of rats, flies or other vectors;
J. No junkyard shall be located on land with a slope
in excess of 5%; and
K. All vehicles shall have all fuels and lubricants drained
and property disposed of prior to storage on the site.
Within the (A) Zone, kennels are permitted by
special exception, subject to the following criteria:
A. The following lists minimum required lot sizes and
required setbacks based upon the number of animals kept:
|
Type and Number of Animals Kept
|
Minimum Required Lot Area
|
Minimum Required Setback of Unenclosed
Animal Boarding Buildings, Pens, Stalls, Runways, and Running Areas
from the Nearest Property Line
|
---|
|
1 dog to 50 dogs
|
5 acres
|
150 feet
|
|
51 dogs to a maximum of 100 dogs
|
10 acres
|
300 feet
|
|
1 to a maximum of 200 animals, other than dogs
|
5 acres
|
150 feet
|
|
51 dogs to a maximum of 100 dogs, plus up to
200 animals, other than dogs
|
10 acres
|
300 feet
|
B. The applicant shall explain those measures that will ensure that the proposed use will comply with the noise regulations listed in §
220-48A of this chapter;
C. The applicant must furnish a plan for the storage
and disposal of deceased animals within 24 hours of an animal's death;
D. The applicant must demonstrate evidence of compliance
with the PA Dog Law;
E. All outdoor running areas shall be enclosed to prevent
the escape of the animals; all such enclosures shall be a minimum
of 10 feet from all property lines; and
F. The applicant must explain measures to be used to
ensure that all animal wastes shall be regularly cleaned up and properly
disposed of to prevent odors and unsanitary conditions.
Within the (C-1, I-1 and I-2) Zones, mass transportation
depots are permitted by special exception, subject to the following
criteria:
A. The applicant shall submit a traffic impact report in accordance with §
220-50 of this chapter;
B. The applicant shall present qualified expert evidence
as to how the use will provide for the expected demand for needed,
off-street parking spaces for the proposed use. In addition, the applicant
shall present evidence of the ability to provide additional off-street
parking spaces, if demand increases. The applicant shall also present
credible evidence that the number of "oversized," off-street, parking
spaces provided for public transportation vehicles will be adequate
to accommodate the expected demand generated by patrons. Any gates
or other barriers used at the entrance to parking areas shall be set
back and arranged to prevent vehicle backups onto adjoining roads
during peak arrival periods;
C. The subject property shall have a minimum of 200 feet
of road frontage along an arterial road;
D. The subject property shall be located no closer than
200 feet from any (R, R-1, R-2, R-3, MHP, or VO) Zones and/or property
containing a school, day-care facility, park, playground, library,
hospital, nursing, rest or retirement home, or medical residential
campus;
E. All structures (including, but not limited to, air
compressors, fuel pump islands, kiosks) shall be set back at least
50 feet from any street right-of-way line;
F. Access driveways shall be a minimum of 24 feet, and
a maximum of 35 feet, wide. All access drives onto the same road shall
be set back at least 150 feet from one another, as measured from closest
points of cartway edges;
G. Trash and recycling receptacles shall be provided
amid off-street parking areas which shall be routinely emptied. Furthermore,
a working plan for the regular cleanup of litter shall be furnished
and continuously implemented by the applicant;
H. All vehicle service and/or repair activities shall
be conducted within a completely enclosed building. No outdoor storage
of parts, equipment, lubricants, fuels, or other materials used or
discarded in any service or repair operations, shall be permitted;
I. The outdoor storage of unlicensed and uninspected
vehicles is prohibited;
J. The applicant shall submit qualified evidence that
the proposed use will comply with applicable air quality standards;
K. The demolition or junking of vehicles is prohibited.
Demolished vehicles and/or parts thereof shall be removed within 30
days after arrival;
L. Any exterior public address system shall be designed
and operated so that the audible levels of any messages conveyed over
the system will not exceed the ambient noise levels of the use, as
measured at each of the property lines; and
M. The applicant shall furnish evidence that the storage
and disposal of materials and wastes will be accomplished in a manner
that complies with all applicable state and federal regulations.
Within the (R-2) Zone, medical residential campuses
are permitted by special exception, subject to the following criteria:
A. The campus shall primarily serve the needs of retirement-aged
persons. At least one resident of each household shall be at least
55 years old, or possess some handicap that can be treated within
a setting like the medical residential campus;
B. The campus shall achieve a balanced residential/medical
environment which cannot be achieved through the use of conventional
zoning techniques;
C. Residences shall be functionally, physically and architecturally
integrated with medical service and recreational activity centers;
D. Commercial, medical and recreational uses shall be
grouped together and located near the populations being served;
E. The minimum land area devoted to the campus shall
be 25 contiguous acres;
F. The site shall front on and have access to a collector
or arterial road;
G. All buildings or structures containing nonresidential
use(s), off-street parking lots and loading areas shall be set back
at least 50 feet from all lot lines of the campus property;
H. The maximum permitted overall density is 10 dwelling
units per acre. For purposes of this section, any two care beds associated
with a medical use shall constitute one dwelling unit. No more than
50% of the total number of permitted dwelling units shall consist
of care beds. For the purposes of this section, "care beds" shall
be defined as any bed where a resident of the medical residential
campus may sleep that is not part of a dwelling unit upon which the
maximum permitted density is computed. Examples of care beds would
include, but not be limited to, those associated with medical and/or
nursing care, or those associated with assisted living quarters;
I. All buildings or structures used solely for residential
purposes shall be set back at least 50 feet from all lot lines of
the campus property;
J. The maximum permitted height is 50 feet, provided
that, for that portion of building height exceeding 35 feet, the minimum
required setback from the closest property line shall be 50 feet;
K. No more than 60% of the subject property shall be
covered with buildings, parking and loading areas and/or other impervious
surfaces;
L. Each off-street parking lot shall provide at least
20% of the total parking spaces as those designed for the physically
challenged. Furthermore, such parking spaces shall be located throughout
the campus in such a manner to be conveniently accessible to the buildings/uses
for which they are required;
M. Only those uses which provide a harmonious, balanced
mix of medical, residential, limited commercial, and recreational
uses, primarily serving campus residents, and public, quasi-public
and medical services for the off-campus retirement-aged community,
will be permitted. Uses may include, but need not be limited to, the
following:
(1)
Dwelling, nursing homes, and assisted living
facilities for the elderly or mentally/physically challenged;
(2)
Medical facilities including offices, laboratories,
clinics, professional or paramedical training centers, and ambulatory
care facilities;
(3)
Commercial uses which are strictly related and
subordinate to the residential/medical character of the campus and
which directly serve the residents and employees of, or visitors to,
the center. The uses should be chosen to reflect their local orientation
to the immediate campus vicinity and should be of a size and scope
so as not to interfere with existing or proposed retail uses located
in the off-campus area;
(4)
Recreational and social uses, such as athletic
facilities, community centers, and assembly halls, limited to use
only by campus residents, employees or visitors.
N. The applicant must comply with all state requirements
at all times.
Within the (C-1, I-1 and I-2) Zones, mini-warehouses
are permitted by special exception, subject to the following criteria:
A. Off-street parking spaces shall be provided according to the schedule listed in §
220-42C(2) of this chapter;
B. Parking shall be provided by parking/driving lanes
adjacent to the buildings. These lanes shall be at least 30 feet wide
when cubicles open onto one side of the lane only, and at least 30
feet wide when cubicles open onto both sides of the lane;
C. Required parking spaces may not be rented as, or used
for, vehicular storage. However, internal and external storage area
may be provided for the storage of privately owned vehicles, travel
trailers and/or boats, so long as any external storage area is screened
from adjoining land within the (R, R-1, R-2, R-3, MHP, and/or VO)
Zones, and adjoining roads, and is located behind the minimum front
yard setback line. This provision shall not be interpreted to permit
the outdoor storage of partially dismantled, wrecked, inoperative,
unlicensed, or uninspected vehicles;
D. The storage of flammable, highly combustible, explosive,
or hazardous chemicals is prohibited, unless contained within the
fuel tanks of vehicles;
E. A resident manager may live on the site. A manager,
resident or not, shall be responsible for maintaining the operation
of the facility in conformance with the conditions of approval and
all applicable ordinances. The actual dwelling of the resident manager
shall comply with all of those requirements listed within the (R-2)
Zone, and shall be entitled to all residential accessory uses provided
in this chapter;
F. No door openings for any mini-warehouse storage unit
shall be constructed facing any property within the (R, R-1, R-2,
R-3, MHP, and/or VO) Zones; and
G. These units shall be used solely for dead storage
and no processing, manufacturing, sales, research and development
testing, service and repair, or other nonstorage activities shall
be permitted.
Within the (MR) Zone, mixed residential developments
are permitted by conditional use, subject to the following criteria:
A. The minimum area devoted to a mixed residential development
shall be 50 acres;
B. All units contained within a cluster development shall
be served by public sewer and public water utilities;
C. Required mixture of uses. The proposed development
must include at least three of the following permitted housing unit
types within their designated ratios:
|
Dwelling Unit Type
|
Minimum Required Percentage of Total Units
|
Maximum Permitted Percentage of Total
Units
|
---|
|
Single-family detached, excluding mobile homes
|
25%
|
60%
|
|
Duplex
|
10%
|
40%
|
|
Townhouse
|
10%
|
40%
|
|
Multifamily
|
10%
|
40%
|
D. The maximum permitted density of the development shall
not exceed 2.5 dwelling units per acre;
E. Required common open space.
(1)
At least 30% of a mixed residential development
site shall be devoted to common open space. The location and design
of required common open space shall be largely determined by a proper
site planning process. As part of this process, applicants shall be
required to prepare a natural and cultural features inventory of the
site. Qualified experts must identify and plot each of the following
found on the proposed site:
(a)
One-hundred-year floodplains;
(b)
Steep slopes (greater than 15%);
(c)
Wetlands, riparian buffers, streams, ponds,
or other water bodies;
(d)
Sinkholes, caves, vistas, or other significant
geologic features;
(e)
Threatened or endangered species habitats;
(h)
Significant stands of mature trees.
(2)
From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the proposed development minimizes disturbance of, and integrates, these features. Such plot shall be submitted with the sketch plan required under Chapter
194, Subdivision and Land Development;
F. Maintenance and ownership of common open space. An
essential element of the mixed residential development application
is a written description and plan for the disposition of ownership
of common open space land, designating those areas to be offered for
dedication, or to be owned by the specific form of organization proposed.
(1)
The Board of Supervisors may, at any time and
from time to time, accept the dedication of land or any interest therein
for public use and maintenance, but the Board of Supervisors need
not require, as a condition of the approval of a mixed residential
development, that land proposed to be set aside from common open space
be dedicated, or made available to public use.
(2)
In the event that common open space is not dedicated
for public use, the landowner shall provide for, and establish an
organization for, the ownership and maintenance of the common open
space, and such organization shall not be dissolved nor shall it dispose
of the common open space, by sale or otherwise (except to an organization
conceived and established to own and maintain the common open space),
except by dedication of the same to the public. In any case, the organization
provided for the ownership of open space land, not dedicated for public
use, shall either (1) be constituted of the property owners within
the mixed residential development or (2) consist of a bona fide organization
among whose purpose is the preservation, conservation and protection
of open space and/or natural resources. The plan may provide that
the property owners' association may lease back open space lands to
the developer, his heirs or assigns, or to any other qualified person,
or corporation, for operation and maintenance of open space lands,
but such a lease agreement shall provide:
(a)
That the residents of the mixed residential
development shall, at all times, have access to the open space lands
contained therein; and
(b)
That the operation of open space facilities
may be for the use and benefit of the residents only, or may be open
to the general public.
(3)
The plan to provide for the ownership and maintenance
of common open space shall include:
(a)
A complete description of the organization to
be established or designated for the ownership of open space, if any,
and the methods by which this organization shall be established and
maintained.
(b)
A method reasonably designed to give adequate
notice to property owners within the mixed residential development,
in the event of the sale or other disposition of common open space
lands, and in the event of assumption of the maintenance of common
open space lands by the Township as hereinafter provided.
(4)
Failure to maintain.
(a)
In the event that the organization that owns
and maintains common open space, or any successor organization, shall,
at any time after establishment of the mixed residential development,
fail to maintain the common open space in reasonable order and condition
in accordance with the development, the Board of Supervisors may proceed
to demand that the deficiencies of maintenance be corrected, or that
the Township will enter upon and maintain common open space. The Board
of Supervisors shall serve written notice upon the property owners'
association or trustees, as appropriate, setting forth the manner
in which the association or trustees has failed to maintain the common
open space in reasonable condition;
(b)
The cost of such maintenance by the Township
shall be assessed ratably against the properties within the mixed
residential development and shall become a lien on said properties.
The Township, at the time of entering upon said common open space
for the purpose of maintenance, shall file a notice of lien in the
office of the Prothonotary of the county upon the properties affected
by the lien within the mixed residential development;
G. In addition to those accessory structures and uses
customarily incidental to residential uses, the mixed residential
development may also include a management/sales office for the conduct
of development business and affairs, and structures to house equipment
used solely in the maintenance of the mixed residential development;
H. The layout of a mixed residential development shall
provide a network of common pedestrian paths that link neighborhoods
within the proposed development and connect with common open spaces,
community facilities and other nearby uses of the Township. All common
pedestrian paths shall consist of an all-weather, durable surface
that is at least four feet wide;
I. Maximum permitted coverage. No more than 30% of the
total acreage of the mixed residential development shall be covered
by impervious materials;
J. Lot design requirements. See the following table.
K. In addition to the preceding standards, townhouses
shall comply with the following:
(1)
Maximum continuous building length shall be
160 feet. If both a variation of front setback of at least four feet,
and a different architectural design are provided at intervals of
not more than 50 feet, a two-hundred-foot building length is permitted;
(2)
No townhouse building shall contain more than
eight units;
(3)
The minimum distance between a row of townhouses
and any other buildings shall be 35 feet;
(4)
Within any continuous group of townhouses, there
shall be at least two different architectural treatments having different
designs or building materials. In addition, no more than two continuous
townhouses shall have the same front setback, and the variations in
front setback shall be at least two feet. Variations in front of unit
orientation are encouraged;
(5)
For townhouses, the parking shall either be in a separate parking lot located to the rear of the dwelling units, or be provided in accordance with the requirements of §
220-40 of this chapter;
L. In addition to the standards listed in §
220-107J, multiple-family dwellings shall comply with the following:
(1)
Maximum continuous building length shall be
160 feet. If both a variation of front setback of at least four feet,
and a different architectural design are provided at intervals of
not more than 50 feet, a two-hundred-foot building length is permitted;
(2)
The minimum distance between an apartment building
and any other buildings shall be 50 feet;
M. No more than 20% of the total area of the development
shall be covered by buildings;
N. The minimum distance between a single-family detached
dwelling or single-family semidetached dwelling and any other building
shall be 30 feet;
O. A fifty-foot-wide landscaped buffer yard, in which
no buildings or parking areas are permitted, shall be established
along all exterior boundary lines of the development and along all
roads which the development abuts;
P. Minimum front yard building setback shall be 25 feet,
which is to be measured from the ultimate right-of-way line;
Q. Two off-street parking spaces shall be provided for each dwelling unit. No more than 65 parking spaces shall be accommodated in any one parking lot, and all parking lots shall conform with §
220-42 of this chapter. Entrances to, and exits onto, a street from the common parking lots shall be located a minimum of 50 feet from curblines of the nearest intersecting street, or such greater distance as may be required by Chapter
194, Subdivision and Land Development. The number of entrances and exits onto a street from common parking lots shall be minimized. Access drives to common parking lots shall be located a minimum of 20 feet from all dwelling units, internal streets, streets abutting the development, and tract boundaries. Common parking lots shall be located a minimum of 15 feet from all dwelling units, internal streets, streets abutting the development, and tract boundaries. Parking lots shall be designed to prevent through traffic to other parking areas. Common parking areas for townhouses or apartments shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas into which cars parked in the end stalls of the lots may back. Entrance- and exit-ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas. All parking lots shall be appropriately landscaped from adjoining properties;
R. Exterior storage areas for trash and rubbish shall
be completely screened from view on three sides, and all trash, rubbish
and recyclables shall be contained in covered, vermin-proof containers;
S. A sketch plan shall be submitted with the conditional use application which shall contain all information required by Chapter
194, Subdivision and Land Development;
T. The developer shall comply with the Pennsylvania Uniform
Condominium Act, with respect to any portion of the tract that is
developed with condominiums. A draft of the proposed form of declaration
of condominium shall be submitted to the Township at the time of submission
of the application for approval of the final plan, with respect to
the portion of the tract on which the condominium is proposed to be
built;
U. A traffic impact report, in accordance with §
220-50 of this chapter, shall be submitted with the conditional use application. All developers shall be responsible to construct road or traffic control facilities to accommodate their respective development; and
V. Whenever there is a conflict between the requirements of this §
220-107 and the other standards of this chapter or Chapter
194, Subdivision and Land Development, the requirements of this §
220-107 shall apply.
Within the (MHP) Zone, mobile home parks are
permitted by special exception, subject to the following criteria:
A. The minimum parcel size for any mobile home park development
shall be 10 acres;
B. The maximum number of mobile home units shall be limited
to five per acre;
C. Each single mobile home lot shall contain no less
than 6,000 square feet, and be at least 60 feet wide;
D. No mobile home lot shall be within 25 feet of a park
boundary, nor within 50 feet of an outside street right-of-way. This
area shall constitute the mobile home park boundary area;
E. No mobile home park office or service building shall
be located within 30 feet of a park boundary or an outside street
right-of-way; nor within 30 feet of the right-of-way of an interior
park street, or the paved edge of a common parking area or common
walkway; nor within 30 feet of an adjacent structure or mobile home;
F. Each mobile home shall have a minimum front yard of
30 feet, rear yard of 25 feet, and two sides of 15 feet each. In no
case shall the distance between any two mobile homes be less than
30 feet;
G. A paved on-site walkway of a minimum width of four
feet shall be provided to each mobile home unit from an adjacent street;
H. Streets, curbs and sidewalks shall be constructed
to Township standards for private streets;
I. All roads in the park shall be private access drives,
shall be lighted and shall be paved with a bituminous or concrete
surface at least 28 feet wide;
J. Each mobile home lot shall abut on a park access drive
with access to such access drive. Access to all mobile home lots shall
not be from public streets or highways;
K. Each mobile home space shall contain no more than
one mobile home, nor more than one family;
L. No less than 10% of the total mobile home park area
shall be set aside for recreation and open space purposes. Such area
may not include any of the required mobile home park boundary area.
No service buildings or offices may be constructed within the required
recreation and open space area;
M. Each mobile home stand shall have attachments for
waste disposal, water supply facilities and electrical service, and
such facilities shall be properly connected to an approved method
of sewage disposal, and water and electrical supply;
N. Protective skirting shall be placed around the area
between the stand surface and the floor level of each mobile home
so as to prevent that area from forming a harborage for rodents, creating
a fire hazard, or exposing unsightly conditions;
O. No recreation vehicle, travel or vacation trailer
or other form of temporary living unit shall be placed upon any mobile
home stand or used as a dwelling within the mobile home park;
P. Service and accessory buildings.
(1)
Construction. All service and accessory buildings,
including management offices, storage areas, laundry buildings, and
indoor recreation areas shall conform to the requirements of any applicable
building code, and such shall be maintained so as to prevent deterioration
caused by decay, corrosion, termites, or other destructive elements.
Attachments to mobile homes in the form of sheds and lean-tos are
prohibited;
(2)
Mobile home park office. Every mobile home park
shall have an office on-site for the mobile home park manager. Every
mobile home park containing 15 or more mobile home spaces shall have
a structure designed and clearly identified for such office;
(3)
Storage space. Occupants of each mobile home
unit shall be provided with a minimum of 150 cubic feet of storage
space in an individual storage building placed to the rear of each
mobile home; and
(4)
Use. Service and accessory buildings located
in a mobile home park shall be used only by the occupants of the same
and their guests;
Q. Each mobile home shall be provided with a minimum
of two paved parking spaces which shall be located on the mobile home
space. If on-street parking is not provided, one additional off-street
parking space per unit shall be provided in a common visitor parking
compound. Such visitor parking compounds shall be sized, arranged,
and located so that the spaces are within 300 feet walking distance
to those units served;
R. Each mobile home shall be placed on a six-inch-thick
poured concrete pad over a six inch stone base, the length and width
of which shall be at least equal to the length and width of the mobile
home it is to support. Every mobile home shall be anchored to the
mobile home pad where it is located, prior to the unit being occupied,
and no more than seven days from the arrival of the mobile home. The
anchoring system shall be designed by a registered professional engineer
to prevent tilting of the unit, and resist a minimum wind velocity
of 90 miles per hour;
S. All mobile home parks shall be screened from adjoining
properties and roads. Screening methods shall be described and graphically
depicted as part of the conditional use application; and
T. The applicant shall demonstrate compliance with §
220-18J of the (MHP) Zone.
Within the (C-1 and C-2) Zones, nightclubs are
permitted by special exception, subject to the following criteria:
A. No part of the subject property shall be located within
200 feet of any land within the (R, R-1, R-2, R-3, MHP, and/or VO)
Zones;
B. The applicant shall furnish evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, light and/or litter;
C. The applicant shall furnish evidence as to how the
use will be controlled as to not constitute a nuisance due to noise
or loitering outside the building; and
D. A working plan for the cleanup and recycling of litter
shall be furnished and implemented by the applicant.
Within the (R-1, R-2 and C-1) Zones, nursing,
rest or retirement homes are permitted by special exception, subject
to the following criteria:
A. Minimum lot area: two acres;
B. The applicant shall furnish evidence that an approved
means of sewage disposal and water supply shall be utilized;
C. Off-street parking lots and loading areas shall be
screened from adjoining lands within the (R, R-1, R-2, R-3, MHP, and/or
VO) Zones;
D. No more than 18 occupants per acre shall be permitted,
excluding the staff of the facility.
Within the (I-1) Zone, off-track betting parlors
are permitted by conditional use, subject to the following criteria:
A. An off-track betting parlor shall not be permitted
to be located within 1,000 feet of any other off-track betting parlor;
B. No off-track betting parlor shall be located within
1,000 feet of any residentially zoned land;
C. No off-track betting parlor shall be located within
1,000 feet of any parcel of land which contains any one or more of
the following specified land uses:
(2)
Camp (for minors' activity);
(4)
Church or other similar location for religious
congregation;
(10)
Other lands where minors congregate;
D. The distance between any two off-track betting parlors
shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior parcel line of
each establishment. The distance between any off-track betting parlor
and any land use specified above shall be measured in a straight line,
without regard to intervening structures, from the closest point on
the exterior property line of the off-track betting parlor to the
closest point on the property line of said land use;
E. No more than one off-track betting parlor may be located
within one building, shopping center or planned center;
[Amended 10-1-2008 by Ord. No. 2008-03]
F. The applicant shall furnish expert evidence that the
proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, light and/or litter;
G. The applicant shall furnish expert evidence as to
how the use will be controlled so as to not constitute a nuisance
due to noise or loitering outside the building;
H. A working plan for the cleanup and recycling of litter
shall be furnished and implemented by the applicant;
I. Off-street parking shall be provided at the rate of
one space per each 65 square feet of gross floor area, including related
dining, restaurant and snack bar areas; and
J. All off-track betting parlors shall comply with the
Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations
pertaining to nonprimary locations, as defined therein.
Within the (A and R) Zones, processing of farm
products (except spent mushroom composting) is permitted by special
exception, subject to the following criteria:
A. The processing facility is located on the same lot
and accessory to the principal agricultural use of the site;
B. Except in the case of butchering of game animals,
a majority of the materials to be processed have been grown or raised
on the subject property; the remainder of materials have been grown
or raised within the Township;
C. Information shall be provided describing the nature
of the processing operation, materials used in the process and waste
products generated;
D. Evidence shall be provided indicating that the disposal of materials and wastes associated with the operation will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Lancaster County, which have been contracted to dispose of the materials and wastes used, or generated on-site, as identified in §
220-113C above. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are property disposed of on a regular basis. Should the nature of the farm occupation change in the future, such that the materials used, or wastes generated, changes significantly, either in type or amount, the owner of the farm operation shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section;
[Amended 10-1-2008 by Ord. No. 2008-03]
E. The use must be conducted within one completely enclosed
building. Where practicable, the use shall be conducted within an
existing farm building. However, any new building constructed for
the use shall be located behind the farm's principal buildings, or
must be no less than 100 feet from any adjoining roads and properties;
F. Any new building constructed for the use shall be
of a design so that it can be readily converted to agricultural use,
or removed if the farm occupation is discontinued;
G. No part of the use shall be located within 300 feet
of any adjoining land within an (R) Zone and any land within the (R-1,
R-2, R-3, MHP, and/or VO) Zones. Such distances shall be measured
as a straight line between the closest points of any physical improvement
associated with the use and the zoning line;
H. Any sign shall require a permit, as set forth in §
220-45 of this chapter, and shall not exceed 10 square feet in size;
I. Except in the case of game animals, no butchering,
slaughtering or rendering uses shall be permitted;
J. No retail sales of the products shall be permitted;
K. No noxious odor, dust, glare, vibration, or noise
shall be perceptible at the property lines; and
L. All off-street parking and loading areas shall be
screened from adjoining roads and properties.
Within the (I-1 and I-2) Zones, recycling of
paper, plastic, glass, and metal products is permitted by special
exception, subject to the following criteria:
A. All operations, including collection, shall be conducted
within a completely enclosed building;
B. There shall be no outdoor storage of materials processed,
used or generated by the operation;
C. The applicant shall explain the scope of operation,
and offer expert testimony regarding the measures used to mitigate
problems associated with noise, fumes, dust, and litter; and
D. The applicant will be required to assure regular maintenance
of the site to immediately collect stray debris.
Within the (A) Zone, retail sales of nursery
and garden materials are permitted by special exception, subject to
the following criteria:
A. The display and sale of items not grown on the premises
shall be incidental to the nursery operation. The display area for
these items shall not exceed 25% of the total gross display and sales
area on the subject property. The display, sale, or repair of motorized
nursery or garden equipment shall not be permitted;
B. All outdoor display areas shall be set back at least
25 feet from the street right-of-way line;
C. All structural improvements (including parking and
loading facilities, but not including a freestanding sign) shall be
screened from adjoining properties within the (R, R-1, R-2, R-3, MHP,
and/or VO) Zones; and
D. One freestanding or attached sign may be permitted
advertising the business. Such sign shall not exceed 12 square feet
in size and must be set back at least 10 feet from all lot lines.
Within the (A, C and R) Zones, riding schools
and/or horse boarding stables are permitted by special exception,
subject to the following criteria:
A. Minimum lot area: 10 acres;
B. Any structure used for the boarding of horses shall
be set back at least 100 feet from any property line;
C. All stables shall be maintained so as to minimize
odors perceptible at the property line;
D. All outdoor training or show facilities or areas shall
be set back 100 feet from all property lines;
E. All outdoor training, show, riding, boarding, or pasture
areas shall be enclosed by a minimum four-foot-high fence, which will
be located at least 10 feet from all property lines; and
F. All parking compounds and unimproved overflow parking
areas shall be set back at least 10 feet from adjoining lot lines.
Unimproved overflow parking areas shall also provide a fence delineating
such occasional parking facilities and preventing the parking environment
or movement of vehicles across neighboring properties.
Within the (A, R and C) Zones, rural occupations
are permitted by special exception, subject to the following criteria:
A. Only one rural occupation may be conducted on the
same property as the owner's principal residence, and shall not exceed
the area of the principal residence's ground floor or 1,000 square
feet, whichever is the lesser;
B. A rural occupation shall only be conducted within
one completely enclosed outbuilding that satisfies at least one of
the following:
(1)
The building will remain the same size and in
the same location as it existed on the effective date of this section;
or
(2)
The building is limited to one story not to
exceed 25 feet in height, is located in the rear yard of the principal
residence, and is set back at least 50 feet from any side or rear
lot lines. All applicants are required to design buildings that are
compatible with their residential settings;
C. In no case shall any new rural occupation building
be constructed before the owner resides on the subject property. In
addition, rural occupations may only be conducted so long as the sole
owner of the business resides on the site;
D. In no case shall the required maximum lot coverage
be exceeded by those impervious surfaces associated with the principal
residence, rural occupation and/or other accessory uses;
E. All off-street parking and loading spaces shall be
screened from adjoining roads and properties;
F. No outdoor storage or display shall be permitted,
except that one commercial truck of not more than 11,000 pounds gross
vehicle weight may be parked behind the principal residence, so long
as it is screened from adjoining roads and properties;
G. One nonilluminated sign not exceeding 12 square feet
shall be permitted and must be set back a distance at least equal
to its height from every lot line;
H. No rural occupation and its principal dwelling shall
generate more than 20 vehicle trips (including, but not limited to,
horse and buggies) per day to or from the site. The applicant shall
furnish testimony regarding the expected numbers of vehicle trips
associated with the proposed use;
I. Vehicular access to the rural occupation shall be
limited to the same driveway connection with the public street that
serves the principal residence; however, in no case shall any new
driveway be closer than 15 feet from any side or rear lot line. No
additional roadway connections shall be permitted;
J. The maximum number of employees who do not reside
on the site shall be equal to two full-time positions. For the purposes
of this section, "employees" shall be defined as those involved in
the on-site conduct of the rural occupation;
K. Rural occupations shall only be conducted between
the hours of 6:00 a.m. and 9:00 p.m. No rural occupation shall be
conducted on Sundays;
L. No manufacturing, mechanical or industrial use shall
be permitted which causes any noise, odor, glare, fume, smoke, dust,
vibration, electromagnetic interference, or other hazard that is noticeable
at or beyond the line of the nearest residential lot. No use that
requires application or permitting by the PA DEP for the handling
of hazardous waste or other substances, shall be permitted, except
for wastewater treatment;
M. Any area devoted to retail sales display shall be
limited to 20% of the overall size of the rural occupation;
N. The applicant shall furnish evidence that an approved
means of sewage disposal shall be utilized, and further, that such
means is part of the same system in use for the principal residence;
and
O. Evidence shall be provided indicating that the disposal
of all materials and wastes will be accomplished in a manner that
complies with state and federal regulations. Such evidence shall,
at a minimum, include copies of contracts with waste haulers licensed
to operate within the county, which have been contracted to dispose
of the materials and wastes used, or generated, on-site or some other
legal means of disposal. The zoning permit for this use shall remain
valid, only so long as such contracts remain in effect and all materials
and wastes are properly disposed of on a regular basis. Should the
nature of the rural occupation change in the future, such that the
materials used, or wastes generated, changes significantly, either
in type or amount, the owner of the rural occupation shall so inform
the Zoning Officer, and shall provide additional evidence demonstrating
continued compliance with the requirements of this section.
[Amended 10-1-2008 by Ord. No. 2008-03]
Within the (C and I-2) Zone, sawmills are permitted
by special exception, subject to the following requirements:
A. No material shall be deposited or stored, and no building
or structure shall be located, within 200 feet of any property line
and 500 feet of any land within an (R, R-1, R-2, R-3, MHP, and/or
VO) Zone;
B. All uses shall provide sufficiently long stacking
lanes into the facility so that vehicles waiting will not back up
onto public roads;
C. All access drives shall connect with an arterial or
collector road and shall be paved for a distance of at least 100 feet
from the street right-of-way line. In addition, if portions of on-site
access drives are unpaved, then a one-hundred-fifty-foot long gravel
section of driveway shall be placed just beyond the preceding two
hundred-foot paved section, to help collect any mud that may have
attached to a vehicle's wheels. The owner and/or operator shall be
responsible for removing any mud from public roads caused by persons
traveling to and from the site; and
D. Litter control shall be exercised to prevent the scattering
of windborne debris, and a working plan for the cleanup of litter
shall be submitted.
Within the (I-2 and A) Zones, septage and spent
mushroom compost processing and/or commercial mushroom operations
are permitted by special exception, subject to the following criteria:
A. Any processing, loading, storage, and packaging operations
must be conducted within a completely enclosed building that is leak-
and vector-proof;
B. The applicant must demonstrate compliance (through
a written statement) and continue to comply with all applicable state
and federal standards and regulations:
C. All uses shall provide sufficiently long stacking
lanes into the facility, so that vehicles waiting to be weighed or
loaded/unloaded will not back up onto public roads;
D. All driveways onto the site must be paved for a distance
of at least 100 feet from the street right-of-way line. In addition,
a one-hundred-fifty-foot long gravel section of driveway shall be
placed just beyond the preceding one-hundred-foot paved section, to
help collect any mud that may have attached to a vehicle's wheels;
E. The unloading, processing and transfer of septage
and spent mushroom compost shall be continuously supervised by a qualified
facility operator, and such area shall be screened from all roads
and adjoining properties;
F. Any leachate shall be disposed of in a manner in compliance
with any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, appropriate permits
shall be obtained from the applicable agencies and authorities. In
no event shall leachate be disposed of in a storm sewer, to the ground,
or in any other manner inconsistent with the PA DEP regulations;
G. Water supply.
(1)
The applicant shall submit an analysis of raw
water needs (groundwater or surface water) from either private or
public sources, indicating quantity of water required. If the source
is from a municipal system, the applicant shall submit documentation
that the public authority will supply the water needed;
(2)
In addition, a water feasibility study will
be provided to enable the Township to evaluate the impact of the proposed
development on the groundwater supply and on existing wells. The purpose
of the study will be to determine if there is an adequate supply of
water for the proposed development and to estimate the impact of the
new development on existing wells in the vicinity. The water feasibility
study shall be reviewed by the Township and Authority engineers;
(3)
A water system which does not provide an adequate
supply of water for the proposed development, considering both quantity
and quality, or does not provide for adequate groundwater recharge,
considering the water withdrawn by the proposed development, shall
not be approved by the Zoning Hearing Board.
(4)
A water feasibility study shall include the
following information:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area, with a radius of
at least one mile from the site;
(c)
The location of all existing and proposed wells
within 1,000 feet of the site, with a notation of the capacity of
all high-yield wells;
(d)
The location of all existing on-lot sewage disposal
systems within 1,000 feet of the site;
(e)
The location of all streams within 1,000 feet
of the site and all known point sources of pollution;
(f)
A determination of the long-term safe yield
based on the geologic formation(s) underlying the site;
(g)
A determination of the effects of the proposed
water supply system on the quantity and quality of water in nearby
wells, streams and the groundwater table; and
(h)
A statement of the qualifications and the signature(s)
of the person(s) preparing the study;
H. A minimum one-hundred-foot-wide buffer strip shall
be located along all property lines. No structures, storage, parking,
or any other related activity or operation shall be permitted within
this buffer strip. Any fences or other screening erected on the site
must not be located within this buffer strip;
I. The applicant shall provide an analysis of the physical
conditions of the primary road system serving the proposed use. The
analysis shall include information on the current traffic flows on
this road system, and projections of traffic generated by the proposed
use. Improvements to the road shall be provided by the applicant to
insure safe turning movements to and from the site, and safe through-movement
on the existing road; and
J. Any structure used for the storage, loading, processing
and/or packaging of spent mushroom compost shall be set back at least
300 feet from all property lines, and 500 feet from any properties
within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones. In addition,
any ventilation outlets must be oriented away from any land within
said zones.
Within the (C) Zone, shooting ranges are permitted
by conditional use, subject to the following criteria:
A. Shooting range operations:
(1)
May not substantially injure or detract from
the lawful existing or permitted use of neighboring properties;
(2)
May not substantially damage the health, safety
or welfare of the Township, or its residents and property owners;
(3)
Must comply with all applicable state and local
laws, rules and regulations regarding the discharge of a firearm;
(4)
Shall store ammunition only in an approved secure
vault;
(5)
Shall limit the number of shooters to the number
of firing points or stations identified on the development plan;
(6)
Shall require all shooters to satisfactorily
complete an orientation safety program given in accordance with the
PA Game Commission, or show a valid hunting permit or gun permit,
before they are allowed to discharge firearms without supervision;
(7)
Shall prohibit the consumption of alcoholic
beverages within the area approved as the shooting range; and
(8)
Shall limit firing to the hours between one
hour after official sunrise and one hour preceding official sunset,
unless sufficient lighting is used, in which case all shooting shall
cease by 11:00 p.m.;
B. A development plan shall identify the safety fan for
each firing range. The safety fan shall include the area necessary
to contain all projectiles, including direct fire and ricochet. The
safety fan configuration shall be based upon qualified expert testimony
regarding the trajectory of the bullet, and the design effectiveness
of berms, overhead baffles, or other safety barriers to contain projectiles
to the safety fan;
C. The firing range, including the entire safety fan,
shall be enclosed with a six-foot-high, nonclimbable fence to prevent
unauthorized entry into the area. Range caution signs with eight-inch-tall
red letters on a white background shall be posted at a maximum of
one-hundred-foot intervals around the range perimeter. Signs shall
read "SHOOTING RANGE AREA. KEEP OUT!";
D. Range flags shall be displayed during all shooting
activities. Range flags shall be located in a manner visible from
entrance drives, target areas, range floor, and the perimeter of the
safety fan;
E. All surfaces located within the safety fan, including
the backstop, overhead baffles, berms, and range floor, shall be free
of hardened surfaces, such as rocks or other ricochet-producing materials;
F. All shooting range facilities, including buildings,
parking, firing range, and safety fan shall be set back a minimum
of 100 feet from the property line and street right-of-way;
G. The applicant shall present credible evidence that
the sounds of shooting in the nearest residential zone do not exceed
the ambient noise level;
H. Off-street parking facilities shall be provided with
a ratio of 1 1/2 spaces per firing station, but not less than
one space for each four seats; and
I. No part of a shooting range property shall be located
within 1/4 mile of any land within an (R, R-1, R-2, R-3, MHP, and/or
VO) Zone.
[Amended 10-18-2006 by Ord. No. 2006-08]
Within the (C-1) Zone local shopping centers
are permitted by conditional use, and within the (C-2) Zone regional
shopping centers are permitted by conditional use, both subject to
the following criteria:
A. Shopping centers may contain any of those uses permitted under the definition contained within §
220-11C of this chapter. However, any individual use permitted by conditional use or special exception shall be required to demonstrate compliance with its respective applicable specific criteria listed elsewhere in this Article
IV as part of the application for the shopping center. The initial approval of the shopping center shall require conditional use review. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use; however, in reviewing such pad sites the Township will consider the worst case scenario of building site envelope and potential uses when evaluating the conditional use application. Any subsequent substitution of use within the shopping center shall be permitted by right so long as the proposed use is permitted by right within the respective zone and does not require amendment of the site plan approved by the original conditional use. Future uses to be substituted that require separate special exception or conditional use approval shall follow such review and approval processes. Future uses that require amendment of the site plan shall require conditional use approval under §
220-151 of this chapter.
[Amended 10-1-2008 by Ord. No. 2008-03]
B. Regional shopping centers shall front on an arterial
road and local shopping centers shall front along an arterial or collector
road. Regional shopping centers are permitted only one vehicular access
location along each road frontage with the primary vehicular access
drive intersecting with Colonel Howard and Pepperidge Farm Boulevards.
The main access drive through a regional shopping center shall be
designed to facilitate a smooth flow of traffic through the site between
Colonel Howard Boulevard and Reamstown Road. Drive-through lanes for
any use contained within the shopping center shall connect only to
internal access drives and parking lots. Access drives serving all
shopping centers shall be set back at least 200 feet from the intersection
of any street right-of-way lines along the same side of the street.
C. In addition to vehicular access to the property, the
applicant shall be required to design and construct pedestrian linkages
with any nearby areas, even if they are not yet developed. Such pedestrian
linkages shall be located so as to provide safe and convenient access
to the shopping center from the nearby areas.
D. Unless deferred by the Board of Supervisors, all shopping
centers must provide an improved bus stop which would be conveniently
accessible for patrons who would travel to and from the site by bus.
Such bus stop must be provided even if current bus service is unavailable
along the subject property. Such bus stop shall include a shelter,
seating, a waste receptacle, and at least one shade tree.
E. Regional shopping centers must integrate a designated location for a minimum of 60 park-and-ride off-street parking spaces that is readily-identifiable and conveniently accessible to passing motorists. Such park-and-ride spaces can include those spaces required to serve the regional shopping center and shall be designed, signed, lighted and maintained in accordance with §
194-30 of the Subdivision and Land Development Ordinance.
F. The applicant's site plan shall clearly depict the
proposed locations and dimensions of all on-site circulation improvements,
which must demonstrate safe vehicular and pedestrian movements both
upon and abutting the subject property.
G. A traffic impact report shall be submitted by the applicant, in accordance with §
220-50 of this chapter.
H. Both public sewer and public water utilities shall
be required. However, the Board of Supervisors may permit the interim
use of on-lot water supply for regional shopping centers when:
(1)
The applicant can verify that public water will
remain unavailable to the site during construction of the regional
shopping center;
(2)
The proposed use will install all necessary
infrastructure to serve the proposed use with public water supply
and will guarantee timely connection and use of public water once
it is made available to the subject property; and
(3)
The applicant shall commit to a process of future
negotiation for incorporation of the proposed use's interim water
source into the public water system once public water is made available,
at the Township's discretion.
I. The following tabulates required off-street parking
and loading and interior landscaping standards for shopping centers:
|
Use
|
Minimum Required Off-Street Parking Spaces
Per 1,000 Square Feet of Gross Floor Area
|
Minimum Required Interior Landscaping As Described in § 194-30P of Ch. 194, Subdivision and Land Development
|
Minimum Required Off-Street Loading Spaces
|
---|
|
Local shopping center, as defined herein
|
5
|
5%
|
1 plus 1 per 50,000 sq. ft., or fraction thereof,
of gross floor area over 20,000 sq. ft.
|
|
Regional shopping center, as defined herein
|
5
|
8%
|
4 plus 1 per 100,000 sq. ft., or fraction thereof,
of gross floor area over 150,000 sq. ft.
|
|
Freestanding restaurants that are integrated
within the shopping center
|
Same as above
|
Same as above
|
1 for uses with at least 2,000 square feet plus
1 per 10,000 sq. ft., or fraction thereof, of gross floor area over
10,000 sq. ft.
|
J. Within shopping centers, off-street loading spaces
for freestanding restaurants that contain less than 10,000 square
feet may be located upon required off-street parking spaces, provided
the use of such off-street parking spaces for loading purposes does,
not interfere with vehicular circulation within the shopping center's
parking lot and the applicant demonstrates that the use of such off-street
parking spaces for loading purposes will occur only when the freestanding
restaurant is closed to business.
K. Within shopping centers, off-street parking lots shall
provide for rectangular-shaped parking spaces that are at least nine
feet wide by 18 feet long.
L. The proposed shopping center design shall comply with
the applicable regulations contained within the following table:
|
Shopping Center Design Requirements
|
---|
|
Standard
|
Local Shopping Center, As Defined Herein
|
Regional Shopping Center, As Defined Herein
|
---|
|
Min. required lot area
|
2 acres
|
17 acres
|
|
Min. required lot width
|
250 ft. at the building setback line and street
line
|
500 ft. at the building setback line and street
line
|
|
Min. required lot depth
|
250 ft.
|
500 ft.
|
|
Required min. yard setbacks
|
The following lists required setbacks between
features of the shopping center and perimeter lot lines. No specific
setbacks are required between buildings located upon the shopping
center site except those that may be required by the Township Fire
Official or by the Pennsylvania Uniform Construction Code.
|
|
|
Front, as measured from street R.O.W.
|
35 ft. for buildings and structures (except
permitted signs); 20 ft. for off-street parking; no off-street loading
nor dumpsters are permitted within the front yard.
|
100 ft. for buildings and structures (except
permitted signs); 40 ft. for off-street parking; no off-street loading
nor dumpsters are permitted within the front yard.
|
|
|
One side
|
25 ft. for buildings and structures (except
permitted signs); 15 ft. for off-street parking and loading spaces
and dumpsters
|
40 ft. for buildings and structures (except
permitted signs); 25 ft. for off-street parking and loading spaces
and dumpsters
|
|
|
Both sides
|
50 ft. for buildings and structures (except
permitted signs); 30 ft. for off-street parking and loading spaces
and dumpsters
|
80 ft. for buildings and structures (except
permitted signs); 50 ft. for off-street parking and loading spaces
and dumpsters
|
|
Rear
|
25 ft. for all buildings, structures, off-street
parking and loading spaces and dumpsters
|
40 ft. for all buildings, structures, off-street
parking and loading spaces and dumpsters
|
|
Min. required setback from residential zone
|
50 ft. for buildings, structures, off-street
parking and loading spaces and dumpsters
|
500 ft. for uses (e.g., buildings, structures,
access drives, off-street parking and loading, outdoor storage, dumpsters
and etc.) that operate between the hours of midnight and 6:00 a.m.;
100 ft. for other buildings, structures, off-street loading and dumpsters;
50 ft. for off-street parking
|
|
Max. permitted impervious lot coverage
|
|
|
|
Max. permitted building height
|
35 ft.
|
35 ft.
|
M. The applicant shall submit a sign plan that demonstrates compliance with all applicable regulations of §
220-45 of this chapter. Once approved as part of the conditional use review, any subsequent substitution of sign that does not increase the size and/or alter the location of signs permitted on the originally approved sign plan is permitted by right. Future signs that would alter the size and/or location of signs will require shall require conditional use approval.
N. The applicant shall submit written expert evidence that demonstrates compliance with the light and glare requirements of §
220-48B of this chapter.
O. The applicant shall submit a landscape plan prepared by a landscape architect registered within the Commonwealth of Pennsylvania that demonstrates compliance with all applicable provisions of this chapter and the Subdivision and Land Development Ordinance (Chapter
194). Such plans shall include but not be limited to details depicting:
(1)
Landscape buffers and screens used to protect
adjoining residential zones and residential uses;
(2)
Screening used to prevent the spillage of headlights
onto adjoining properties;
(3)
Typical interior landscape island treatments;
(4)
Typical landscape strip treatments; and
(5)
Landscape treatments at the shopping center
access drives' intersections with streets.
P. Applicants of shopping centers are encouraged to design
and construct buildings that complement the Township's developing
landscape. To that effect, the Township offers an optional set of
architectural design standards that are tied with the granting of
a density bonus. In this case, applicants may opt to obtain a prescribed
increase in permitted lot coverage in return for the use of the following
specific architectural design guidelines. A developer desiring to
obtain such approval shall, when making application for approval for
a shopping center, also make application for approval under this section.
The Board of Supervisors shall consider both requests simultaneously.
These optional standards may only be applied to the proposed use upon
approval by the Board of Supervisors and written acceptance by the
applicant of all requirements of this section, and any valid conditions
of approval attached by the Board of Supervisors.
(1)
Buildings and sites should be designed by qualified
architects and constructed and maintained so that they:
(a)
Make use of nonmetal exterior wall materials
as viewed from adjoining streets and residentially-zoned properties;
(b)
Employ "earth-tone," "pottery-tone" or "Williamsburg-type"
colors;
(c)
Visually screen heating, ventilation, air conditioning,
elevator, or other mechanical appurtenances from adjoining streets
and properties; and
(d)
Place utilities underground.
(2)
The applicant shall submit graphic elevations
drawn to scale by an architect registered in the Commonwealth of Pennsylvania
depicting compliance with these standards with proposed materials
labeled and a corresponding color palette.
(3)
In return for compliance with the above-described
design standards, the Township will award an increase in permitted
lot coverage to a maximum of 70% for the shopping center.
(4)
Existing shopping centers that desire to incorporate
the architectural design standards in return for the increase in permitted
lot coverage after the original conditional use approval shall require
another conditional use approval at that time.
(5)
Should any part of this Subsection
P be declared invalid by the courts, the entire Subsection
P shall be automatically repealed.
Q. For regional shopping centers, the Board of Supervisors may permit the modification of the design standards contained within this §
220-121 in order to encourage the use of efficient and innovative design; no modification of design shall apply to any other section of the Zoning Ordinance and/or the SLDO outside of that contained within this §
220-121. A developer desiring to obtain such approval shall, when making application for approval for a shopping center, also make application for approval under this section. The Board of Supervisors shall consider both requests simultaneously. Any modification of the design standards shall be subject to the following standards:
[Amended 10-1-2008 by Ord. No. 2008-03]
(1) Such
modifications of design standards better serve to provide for a safe,
attractive and functional planned center that can offer important
goods and services to local residents;
(2) Such
modifications of design standards would not result in adverse impact
to the use and enjoyment of nearby properties, nor future occupants
of the regional planned center;
(3) Such
modifications will not as a result jeopardize the safe functioning
of adjoining roads and intersections; and
(4) The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria of §
220-121.1P(1) through
(3).
(5) Existing planned centers that seek to deviate from the requirements of this §
220-121.1 after the original special exception approval shall require another special exception approval at that time.
[Added 10-1-2008 by Ord. No. 2008-03]
Within the (C-1), (C-2) and (I-1) Zones local planned centers
(up to 60,000 square feet of gross floor area) are permitted by right
subject to the following applicable criteria and within the (C-1),
(C-2) and (I-1) Zones regional planned centers (more than 60,000 square
feet of gross floor area) are permitted by special exception subject
to the following applicable criteria:
A. Local planned centers may contain any of those uses permitted within its respective zone under the definition contained within §
220-11C of this chapter. However, any use permitted by conditional use or special exception shall be required to obtain its respective approval prior to application for the local planned center zoning permit. The initial approval of the planned center shall require zoning permit review. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use; however, in reviewing such pad sites the Township will consider the worst case scenario of building site envelope and potential uses when evaluating the zoning permit application. Any subsequent substitution of use within the planned center shall be permitted by right so long as the proposed use is permitted by right within the respective zone. Future uses to be substituted that require separate special exception or conditional use approval shall follow such review and approval processes. Future uses that require amendment of the site plan shall require zoning permit approval under §
220-148 of this chapter and/or any land development approvals as may be required.
B. Regional planned centers may contain any of those uses permitted within its respective zone under the definition contained within §
220-11C of this chapter. However, any individual use permitted by conditional use or special exception shall be required to demonstrate compliance with its respective applicable specific criteria listed elsewhere in this Article
IV as part of the application for the regional planned center special exception. The initial approval of the planned center shall require special exception review. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use; however, in reviewing such pad sites the Township will consider the worst case scenario of building site envelope and potential uses when evaluating the special exception application. Any subsequent substitution of use within the planned center shall be permitted by right so long as the proposed use is permitted by right within the respective zone and does not require amendment of the site plan approved by the original special exception. Future uses to be substituted that require separate special exception or conditional use approval shall follow such review and approval processes. Future uses that require amendment of the site plan shall require special exception approval under §
220-142C of this chapter.
C. Regional planned centers with greater than 60,000 square feet shall
front on an arterial road and are permitted the equivalent of only
one two-way vehicular access location along each road frontage; however,
one-way ins and outs are permitted in addition to the single two-way
intersection. Drive-through lanes for any use contained within the
planned center shall connect only to internal access drives and parking
lots. Access drives serving all planned centers shall be set back
at least 200 feet from the intersection of any street right-of-way
lines along the same side of the street.
D. In addition to vehicular access to the property, the applicant shall
be required to design and construct pedestrian linkages with any nearby
areas, even if they are not yet developed. Such pedestrian linkages
shall be located so as to provide safe and convenient access to the
planned center from the nearby areas.
E. The applicant's site plan shall clearly depict the proposed locations
and dimensions of all on-site circulation improvements which must
demonstrate safe vehicular and pedestrian movements both upon and
abutting the subject property.
F. For regional planned centers, a traffic impact report shall be submitted by the applicant, in accordance with §
220-50 of this Chapter.
G. Both public sewer and public water utilities shall be required.
H. The following tabulates required interior landscaping standards for
planned centers:
|
Use
|
Minimum Required Interior Landscaping As Described in § 194-30P of Chapter 194, SLDO
|
---|
|
Planned center, with up to 60,000 square feet of gross floor
area
|
5%
|
|
Planed center, with more than 60,000 square feet of gross floor
area
|
8%
|
|
Freestanding restaurants that are integrated within the planned
center
|
Same as above
|
I. Within planned centers, off-street loading spaces for freestanding
restaurants that contain less than 10,000 square feet may be located
upon required off-street parking spaces, provided the use of such
off-street parking spaces for loading purposes does not interfere
with vehicular circulation within the planned center's parking lot
and the applicant demonstrates that the use of such off-street parking
spaces for loading purposes will occur only when the freestanding
restaurant is closed to business.
J. Within planned centers, off-street parking spaces shall be provided in accordance with §
220-42C(2) of this chapter; however, §
220-42C(3)(b) shall apply. Off-street parking lots shall provide for rectangular-shaped parking spaces that are at least nine feet wide by 18 feet long. Off-street loading spaces shall be provided in accordance with §
220-43F of this chapter.
K. The proposed planned center design shall comply with the applicable
regulations contained within the following table:
|
Planned Center Design Requirements
|
---|
|
Standard
|
Use
|
---|
|
|
Local Planned Center with up to 60,000 Square Feet of Gross
Floor Area
|
Planned Center with more than 60,000 Square Feet of Gross Floor
Area
|
---|
|
Minimum required lot area
|
1 acre
|
6 acres
|
|
Minimum required lot width
|
200 feet at the building setback line and street line
|
300 feet at the building setback line and street line
|
|
Minimum required lot depth
|
200 feet
|
300 feet
|
|
Required minimum yard setbacks:
|
The following lists required setbacks between features of the
planned center and perimeter lot lines. No specific setbacks are required
between buildings located upon the planned center site except those
that may be required by the Township Fire Official or by the Pennsylvania
Uniform Construction Code.
|
|
Front, as measured from street right-of-way
|
35 feet for buildings and structures (except permitted signs);
20 feet for off-street parking; no off-street loading nor dumpsters
are permitted within the front yard.
|
50 feet for buildings and structures (except permitted signs);
25 feet for off-street parking; no off-street loading nor dumpsters
are permitted within the front yard
|
|
One side
|
25 feet for buildings and structures (except permitted signs);
15 feet for off-street parking and loading spaces and dumpsters
|
40 feet for buildings and structures (except permitted signs);
25 feet for off-street parking and loading spaces and 50 feet for
dumpsters
|
|
Both sides
|
50 feet for buildings and structures (except permitted signs);
30 feet for off-street parking and loading spaces and dumpsters
|
80 feet for buildings and structures (except permitted signs);
50 feet for off-street parking and loading spaces and 100 feet for
dumpsters
|
|
Rear
|
25 feet for all buildings, structures, off-street parking and
loading spaces and dumpsters
|
40 feet for all buildings, structures, off-street parking and
loading spaces and 50 feet for dumpsters
|
|
Minimum required setback from residential zone
|
50 feet for buildings, structures, off-street parking and loading
spaces, and dumpsters
|
250 feet for uses (e.g., buildings, structures, access drives,
off-street parking and loading, outdoor storage, dumpsters, etc.)
that operate between the hours of midnight and 6:00 a.m.; 50 feet
for other buildings, structures, off-street loading, dumpsters and
off-street parking
|
|
Maximum permitted impervious lot coverage
|
70%
|
60%: subject to increase in § 220-121.10 of this chapter
|
|
Maximum permitted building height
|
35 feet
|
35 feet
|
L. The applicant shall submit a sign plan that demonstrates compliance with all applicable regulations of §
220-45 of this chapter. Any subsequent substitution of a sign originally approved for a regional planned center that does not increase the size and/or alter the location of signs permitted on the originally approved sign plan is permitted by right. Future signs that would alter the size and/or location of signs within a regional planned center shall require special exception approval.
M. For regional planned centers, the applicant shall submit written expert evidence that demonstrates compliance with the light and glare requirements of §
220-48B of this chapter; however, all planned centers must comply with §
220-48B of this chapter.
N. For regional planned centers, the applicant shall submit a landscape plan prepared by a landscape architect registered within the Commonwealth of Pennsylvania that demonstrates compliance with all applicable provisions of this chapter and the SLDO (Chapter
194); however, all planned centers must comply with all applicable provisions of this chapter and the SLDO (Chapter
194). Such landscape plans shall include but not be limited to details depicting:
(1)
Landscape buffers and screens used to protect adjoining residential
zones and residential uses;
(2)
Screening used to prevent the spillage of headlights onto adjoining
properties;
(3)
Typical interior landscape island treatments;
(4)
Typical landscape strip treatments; and
(5)
Landscape treatments at the planned center access drives' intersections
with streets.
O. Applicants of planned centers are encouraged to design and construct
buildings that complement the Township's developing landscape. To
that effect, the Township offers an optional set of architectural
design standards that are tied with the granting of a density bonus
for regional planned centers. In this case, applicants may opt to
obtain a prescribed increase in permitted lot coverage in return for
the use of the following specific architectural design guidelines.
A developer desiring to obtain such approval shall, when making application
for approval for a regional planned center, also make application
for approval under this section. The Zoning Hearing Board shall consider
both requests simultaneously. These optional standards may only be
applied to the proposed use upon approval by the Zoning Hearing Board
and written acceptance by the applicant of all requirements of this
section, and any valid conditions of approval attached by the Zoning
Hearing Board:
(1)
Buildings and sites should be designed by qualified architects
and constructed and maintained so that they:
(a)
Make use of nonmetal exterior wall materials as viewed from
adjoining streets and residentially zoned properties;
(b)
Employ earth-tone, pottery-tone or Williamsburg-type colors;
(c)
Visually screen heating, ventilation, air-conditioning, elevator,
or other mechanical appurtenances, from adjoining streets and properties;
and
(d)
Place utilities underground;
(2)
The applicant shall submit graphic elevations drawn to scale
by an architect registered in the Commonwealth of Pennsylvania depicting
compliance with these standards with proposed materials labeled and
a corresponding color palette;
(3)
In return for compliance with the above-described design standards,
the Township will award an increase in permitted lot coverage to a
maximum of 70% for the regional planned center;
(4)
Existing regional planned centers that desire to incorporate
the architectural design standards in return for the increase in permitted
lot coverage after the original special exception approval shall require
another special exception approval at that time;
(5)
Should any part of this §
220-121.1O be declared invalid by the courts, the entire §
220-121.1O shall be automatically repealed.
P. For regional planned centers, the Zoning Hearing Board may permit the modification of the design standards contained within this §
220-121.1 in order to encourage the use of efficient and innovative design; no modification of design shall apply to any other section of the Zoning Ordinance and/or the SLDO outside of that contained within this §
220-121.1. A developer desiring to obtain such approval shall, when making application for approval for a planned center, also make application for approval under this section. The Zoning Hearing Board shall consider both requests simultaneously. Any modification of the design standards shall be subject to the following standards:
(1)
Such modifications of design standards better serve to provide
for a safe, attractive and functional planned center that can offer
important goods and services to local residents;
(2)
Such modifications of design standards would not result in adverse
impact to the use and enjoyment of nearby properties, nor future occupants
of the regional planned center;
(3)
Such modifications will not as a result jeopardize the safe
functioning of adjoining roads and intersections; and
(4)
The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria of §
220-121.1P(1) through
(3);
(5)
Existing planned centers that seek to deviate from the requirements of this §
220-121.1 after the original special exception approval shall require another special exception approval at that time.
Within the (I-2) Zone, slaughtering, processing,
rendering, and packaging of food products and their by-products are
permitted by special exception, subject to the following criteria:
A. Minimum lot area: five acres;
B. The subject site shall have access to a collector
or arterial road;
C. Public sewer and public water facilities shall be
utilized;
D. All aspects of the slaughtering, processing, rendering,
and packaging operation, excepting the unloading and holding of live
animals, shall be conducted within a completely enclosed building;
E. All live animals held outside shall be within secure
holding pens or runways, sufficiently large to accommodate all animals
without crowding, and not located within the front yard;
F. The applicant shall furnish a working plan for animal
containment and for the recovery of escaped animals which minimizes
the potential for animals to enter traffic or cross property lines,
and which shall be continuously implemented;
G. All animal wastes shall be regularly cleaned up and
properly disposed of, so as not to be objectionable at the site's
property line;
H. The unloading of live animals from trucks into holding
pens and their movement into the plant shall be continuously supervised
by a qualified operator, whose responsibility it shall also be to
immediately identify and appropriately dispatch any obviously ill
or injured animals;
I. The unloading of live animals and their movement into
the plant shall be conducted in an orderly and calm manner so as to
minimize noise levels;
J. The loading and unloading of trucks shall be restricted
to the hours between 6:00 a.m. and 10:00 p.m.;
K. No exterior animal holding pens and/or areas devoted
to loading/unloading of animals shall be located within 200 feet of
any property line, nor 500 feet of any land within an (R, R-1, R-2,
R-3, MHP, and/or VO) Zone;
L. All animal holding pens and/or areas used for the
loading/unloading of animals shall be screened from all adjoining
properties and shall include a minimum fifty-foot-wide landscape strip;
M. Sewer and water lines shall not meet within or beneath
the plant, and shall further be designed and installed to minimize
the potential for leakage and contamination, by maximizing the separation
distance between lines and laying sewer lines at greater depth than
water lines;
N. Where wastewater pretreatment is required by the EPA
or local authority, wastewater shall be kept completely covered at
all times to reduce the potential for release of odors. In no event
shall wastewater be disposed of in a storm sewer, to the ground, or
in any other manner inconsistent with PA DEP regulations;
O. Public water supplies shall be tested for water potability
prior to approval, and annually thereafter, the results of which shall
be regularly submitted to the USDA;
P. All unusable animal by-products shall be stored indoors
in leak- and vector-proof containers. In the case of slaughtering
or processing operations which do not do their own rendering, the
applicant shall provide evidence of a written contract with a rendering
operation for the daily disposal of such waste products. In no case
shall any waste products remain on the site for more than 24 hours;
Q. The applicant must demonstrate written compliance
with, and continue to comply with, all applicable local, state and
federal standards and regulations;
R. The use shall provide sufficiently long stacking lanes
and on-site loading/unloading areas, so that trucks waiting to be
loaded/unloaded will not back up onto public roads. No parking or
loading/unloading shall be permitted on or along any public road;
S. Vehicular access shall be so arranged as to minimize
danger and congestion along adjoining roads and to avoid the creation
of nuisances to nearby properties. Access drives used by trucks shall
only intersect with major collector or arterial roads;
T. All access drives onto the site shall have a paved
minimum thirty-five-foot-wide cartway for a distance of at least 100
feet from the street right-of-way. In addition, if portions of on-site
access drives are unpaved, then a one-hundred-fifty-foot-long gravel
section of driveway shall be placed just beyond the preceding two-hundred-foot
paved section, to help collect any mud that may have attached to a
vehicle's wheels; and
U. The applicant shall furnish a traffic impact report prepared by a professional traffic engineer in accordance with §
220-50 of this chapter.
Within the (I-2) Zone, solid waste disposal,
recycling and processing facilities are permitted by special exception,
subject to the following criteria:
A. Any processing of solid waste (including, but not
limited to, incineration, composting, shredding, compaction, material
separation, refuse derived fuel, pyrolysis, etc.) shall be conducted
within a completely enclosed building;
B. No refuse shall be deposited or stored, and no building
or structure shall be located within 200 feet of any property line,
and 500 feet of any land within an (R, R-1, R-2, R-3, MHP, and/or
VO) Zone;
C. Any area used for the unloading, transfer, processing,
incineration, or deposition of refuse must be completely screened
from ground-level view at the property line. (The use of an earthen
berm is encouraged where practicable.) In addition, such areas must
also be completely enclosed by an eight-foot-high fence, with no openings
greater than two inches in any direction;
D. The applicant must demonstrate compliance (through
a written statement) and continue to comply with all applicable state
and federal standards and regulations;
E. The use shall be screened from all roads and adjoining
properties;
F. All uses shall provide sufficiently long stacking
lanes into the facility, so that vehicles waiting to be weighed will
not back up onto public roads;
G. All driveways onto the site shall be paved for a distance
of at least 200 feet from the street right-of-way line. In addition,
a fifty-foot long gravel section of driveway should be placed just
beyond the preceding two hundred-foot paved section, to help collect
any mud that may have attached to a vehicle's wheels;
H. Access to the site shall be limited to those posted
times when an attendant is on duty. In order to protect against the
indiscriminate and unauthorized dumping, all areas of the site shall
be protected by locked barricades, fences, gates, or other positive
means designed to deny access to the area at unauthorized times or
locations;
I. Hazardous waste, as described by the PA DEP, shall
not be disposed of within the proposed area;
J. Litter control shall be exercised to prevent the scattering
of windborne debris, and a working plan for the cleanup of litter
shall be submitted;
K. The unloading, processing, transfer, and deposition
of solid waste shall be continuously supervised by a qualified facility
operator;
L. Any waste that cannot be used in any disposal process/or
material that is to be recycled, shall be stored in leak- and vector-proof
containers. Such containers shall be designed to prevent their being
carried by wind or water. These containers shall be stored within
a completely enclosed building;
M. All storage of solid waste shall be indoors in a manner
that is leak- and vector-proof. During normal operation, no more solid
waste shall be stored on the property than is needed to keep the facility
in constant operation; but, in no event for more than 72 hours;
N. A contingency plan for the disposal of solid waste
during a facility shutdown shall be submitted;
O. Leachate from the solid waste shall be disposed of
in a manner in compliance with any applicable state and federal laws
or regulations. If leachate is to be discharged to a municipal sewage
facility, appropriate permits shall be obtained from the applicable
agencies and authorities. In no event shall leachate be disposed of
in a storm sewer, to the ground, or in any other manner inconsistent
with the PA DEP's regulations;
P. All structures shall be set back at least a distance
equal to their height;
Q. Water supply.
(1)
The applicant shall submit an analysis of raw
water needs (groundwater or surface water) from either private or
public sources, indicating quantity of water required. If the source
is from a municipal system, the applicant shall submit documentation
that the public authority will supply the water needed;
(2)
In addition, a water feasibility study will
be provided to enable the Township to evaluate the impact of the proposed
development on the groundwater supply and on existing wells. The purpose
of the study will be to determine if there is an adequate supply of
water for the proposed development and to estimate the impact of the
new development on existing wells in the vicinity. The water feasibility
study shall be reviewed by the Township and Authority engineers;
(3)
A water system which does not provide an adequate
supply of water for the proposed development, considering both quantity,
or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the Zoning Hearing Board;
(4)
A water feasibility study shall include the
following information:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area, with a radius of
at least one mile from the site;
(c)
The location of all existing and proposed wells
within 1,000 feet of the site, with a notation of the capacity of
all high-yield wells;
(d)
The location of all existing on-lot sewage disposal
systems within 1,000 feet of the site;
(e)
The location of all streams within 1,000 feet
of the site, and all known point sources of pollution;
(f)
A determination of the long-term safe yield
based on the geologic formation(s) underlying the site;
(g)
A determination of the effects of the proposed
water supply system on the quantity and quality of water in nearby
wells, streams and the groundwater table; and
(h)
A statement of the qualifications and the signature(s)
of the person(s) preparing the study.
R. A traffic impact report shall be provided in accordance with §
220-50 of this chapter; and
S. A minimum fifty-foot-wide landscape strip shall be
located along all property lines. No structures, storage, parking,
or any other related activity or operation shall be permitted within
this landscape strip. Any fences or other screening erected on the
site must not be located within this landscape strip.
Within the (I-1 and I-2) Zones, truck or motor
freight terminals are permitted by special exception, subject to the
following criteria:
A. The applicant shall furnish a traffic impact report, prepared by a professional traffic engineer, in accordance with §
220-50 of this chapter;
B. The subject property shall have a minimum of 300 feet
of road frontage along an arterial and/or collector road;
C. The subject property shall be located no closer than
500 feet from any (R, R-1, R-2, R-3, MHP, and/or VO) Zone and/or property
containing a school, day-care facility, park, playground, library,
hospital, nursing, rest or retirement home, or medical residential
campus;
D. All structures (including, but not limited to, air
compressors, fuel pump islands, kiosks) shall be set back at least
50 feet from any street right-of-way line. Unless the fuel pump islands
are set back 200 feet from the street line, they shall be designed
so that, when fueling, trucks must be parallel to street;
E. Access driveways shall be a minimum of 28 feet, and
a maximum of 35 feet wide. All access drives onto the same road shall
be set back at least 150 feet from one another, as measured from closest
points of cartway edges;
F. Off-street parking shall be provided at a rate equal
to that required for each of the respective uses comprising the truck
stop. Any gates or other barriers used at the entrance to parking
areas shall be set back and arranged to prevent vehicle backups onto
adjoining roads during peak arrival periods;
G. All vehicle service and/or repair activities shall
be conducted within a completely enclosed building. Outdoor storage
of parts, equipment, lubricants, fuels, or other materials used or
discarded in any service or repair operations must be screened from
adjoining roads and properties;
H. The outdoor storage of unlicensed and/or uninspected
vehicles is prohibited;
I. The demolition or junking of vehicles and machinery
is prohibited. Demolished vehicles and/or parts thereof shall be removed
within 30 days after arrival;
J. Any exterior public address system shall be designed
and operated so that the audible levels of any messages conveyed over
the system will not exceed the ambient noise levels of the use, as
measured at each of the property lines; and
K. The applicant shall furnish evidence that the storage
and disposal of materials and wastes will be accomplished in a manner
that complies with all applicable state and federal regulations.
Within the (A, C, R, R-3, and C-1) Zones, a
single-family detached dwelling may be converted into two dwelling
units by special exception, subject to the following criteria:
A. The applicant shall furnish evidence that an approved
system of water supply and sewage disposal will be utilized;
B. No modifications to the exterior of the building (except
fire escapes) which would alter its residential character, shall be
permitted;
C. Each unit shall have direct means of escape to ground
level;
D. Four off-street parking spaces shall be provided;
and
E. Two-family conversions shall only be permitted within
single-family detached dwellings that contained at least 3,000 square
feet of habitable floor area on the effective date of this chapter.
[Amended 9-20-2018 by Ord. No. 2018-03; 11-18-2021 by Ord. No. 2021-04]
Within the (I-1 and I-2) Zones, warehousing
and wholesale trade establishments are permitted by right, subject
to the following criteria:
A. The applicant shall provide a detailed description
of the proposed use in each of the following topics:
(1)
The nature of the on-site activities and operations,
the types of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations;
(2)
The general scale of the operation, in terms
of its market area, specific floor space requirements for each activity,
the total number of employees on each shift, and an overall needed
site size;
(3)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.), and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including, but not limited to, those listed in §
220-48 of this chapter; and
(4)
A traffic impact report prepared in accordance with §
220-50 of this chapter;
B. The subject property shall be located no closer than 500 feet from
any (R, R-1, R-2, R-3, MHP, and/or VO) Zone and/or property containing
a school, day-care facility, park, playground, library, hospital,
nursing, rest or retirement home, or medical residential campus unless
the applicant complies with all of the following requirements;
(1)
Surfacing - All areas devoted to movement, storage, loading/unloading and/or parking of trucks and trailers shall be constructed according to the local street standards in §
194-25K of the SLDO; and,
(2) Location
- Loading areas shall be located in the side and rear yard. No exterior
portion of a loading facility, related mechanisms or structures and
access drives shall be located within 50 feet of any (R, R-1, R-2,
R-3, MHP, and/or VO) Zone and/or property containing a school, day-care
facility, park, playground, library, hospital, nursing, rest or retirement
home, or medical residential campus. Where practical, loading facilities,
related mechanisms or structures and access drives shall be located
along the wall of a building that does not face any (R, R-1, R-2,
R-3, MHP, and/or VO) Zone and/or property containing a school, day-care
facility, park, playground, library, hospital, nursing, rest or retirement
home, or medical residential campus;
(3)
Noise - Prior to approval of any application for a land development (when applicable) and/or issuance of a zoning permit, the applicant shall submit qualified expert evidence that the proposed use will comply with §
220-48A of this Zoning Ordinance, except as modified that short-term temporary noises and infrequent instantaneous noises may be permitted at noise levels 10 dBA higher than §
220-48A(1), but only between the hours of 7:00 a.m. and 10:00 p.m. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not violate §
220-48A of this Zoning Ordinance.
(4)
Noise attenuation. In addition to, or as part of screening required under §
220-44C of this Zoning Ordinance, the applicant shall be required to install a minimum twelve-foot-high noise attenuation barrier; however, the height of the noise attenuation barrier may be adjusted in accordance with the following schedule:
Minimum required setback between noise attenuation barrier and
closest adjoining lot line and/or street right-of-way
(feet)
|
Minimum required height of noise attenuation barrier
(feet)
|
---|
100
|
12
|
150
|
10
|
200
|
9
|
250
|
8
|
300
|
7
|
350
|
6
|
Such barrier shall be located so as to maximize the noise attenuation measured at the perimeter property line of the subject property. All structures, storage, parking, or any other related activity or operation shall be located behind this barrier in relation to adjoining properties and street rights-of way. Along any adjoining property line and road there shall be a landscape strip that complies with § 220-44B(2) of this Zoning Ordinance. Such barrier may also be fitted with vegetative materials that attenuate dust and particulate matter;
|
(5)
Lighting - Prior to approval of any application for a land development (when applicable) and/or issuance of a zoning permit, the applicant shall submit qualified expert evidence that the proposed use will comply with §
220-48B of this Zoning Ordinance. In addition, the applicant must demonstrate that the lighting levels at the perimeter property line shall not exceed 0.1 footcandle where adjoining lands within the (R, R-1, R-2, R-3, MHP, VO and/or MR) Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus; and,
C. All structures (including, but not limited to, air
compressors, fuel pump islands, kiosks) shall be set back at least
50 feet from any street right-of-way;
D. Access driveways shall be a minimum of 28 feet, and
a maximum of 35 feet wide. All access drives onto the same road shall
be set back at least 150 feet from one another, as measured from closest
points of cartway edges;
E. Any gates or other barriers used at the entrance to
parking areas shall be set back and arranged to prevent vehicle backups
onto adjoining roads during peak arrival periods;
F. All vehicle service and/or repair activities shall
be conducted within a completely enclosed building. No outdoor storage
of parts, equipment, lubricants, fuels, or other materials used or
discarded in any service or repair operations, shall be permitted;
G. The outdoor storage of unlicensed and/or uninspected
vehicles is prohibited;
H. The demolition or junking of vehicles and machinery
is prohibited. Demolished vehicles and/or parts thereof shall be removed
within 30 days after arrival; and
I. The applicant shall designate and reserve sufficient
space on the site to accommodate staged or queued vehicles awaiting
loading/unloading at a rate of no less than 5% of the projected maximum
number of trips per day.
Within the (C) Zone, wholesale compost processing
and distribution is permitted by special exception, subject to the
following criteria:
A. All uses shall provide sufficiently long stacking
lanes into the facility, so that vehicles waiting to be weighed or
loaded/unloaded will not back up onto public roads;
B. All driveways onto the site must be paved for a distance
of at least 100 feet from the street right-of-way line. In addition,
a fifty-foot-long gravel section of driveway shall be placed just
beyond the preceding one-hundred-foot paved section, to help collect
any mud that may have attached to a vehicle's wheels;
C. The unloading, processing and transfer of compost
shall be continuously supervised by a qualified facility operator
and said areas shall be screened from adjoining properties used for
residential purposes;
D. Any leachate shall be disposed of in a manner in compliance
with any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, appropriate permits
shall be obtained from the applicable agencies and authorities. In
no event shall leachate be disposed of in a storm sewer, to the ground,
or in any other manner inconsistent with the PA DEP regulations;
E. A minimum one-hundred-foot-wide buffer strip shall
be located along all property lines. No structures, storage, parking,
or any other related activity or operation shall be permitted within
this buffer strip;
F. The applicant shall provide an analysis of the physical
conditions of the primary road system serving the proposed use. The
analysis shall include information on the current traffic flows on
this road system, and projections of traffic generated by the proposed
use. Improvements to the road shall be provided by the applicant to
insure safe turning movements to and from the site, and safe through-movement
on the existing road; and
G. Any area or structure used for the storage, loading,
processing and/or packaging of compost shall be set back at least
100 feet from all property lines, and 500 feet from any properties
within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones. In addition,
any ventilation outlets must be oriented away from any land within
said zones.
Within the (C) Zone, worship retreat camps are
permitted by special exception, subject to the following criteria:
A. The minimum required lot area shall be 100 acres;
B. As part of the site planning process for this use,
the applicant shall be required to prepare a detailed natural and
cultural features inventory of the site. Then, the applicant shall
demonstrate how the protection of each of the following features contained
on the site is accomplished through the design of the proposed use:
(1)
One-hundred-year floodplains;
(2)
Steep slopes (greater than 15%);
(3)
Wetlands, wellhead protection areas, streams,
ponds, or other water bodies;
(4)
Sinkholes, caves, vistas, or other significant
geologic features;
(5)
Threatened or endangered species habitats;
(6)
Archaeological resources;
(8)
Significant stands of mature trees.
C. No building, off-street parking lot or loading area,
athletic field or court, playground, picnic pavilion, campsite, dumpster
or other similar structure shall be located within 100 feet of a property
line; except that one entrance sign may be located within 50 feet
of the front property line at the vehicular entrance to the site;
D. An unlimited number of on-site directional and information
signs are permitted, provided such signs reasonably relate to the
number and scale of facilities contained on the site. Such signs shall
be limited to no more than 10 square feet of total sign area, with
a maximum permitted height of 10 feet;
E. No more than 15 campsites per acre within a campground
is permitted, and each campsite shall either provide parking space
which will not interfere with the convenient and safe movement of
traffic, or equivalent parking shall be provided in a common parking
area;
F. An internal road system shall be provided in accordance with §
194-25 of Chapter
194, Subdivision and Land Development;
G. All campgrounds shall furnish centralized sanitary
and garbage collection/recycling facilities that shall be screened
from adjoining residentially zoned properties;
H. Every worship retreat camp shall have an office in
which shall be located the person responsible for operation of the
facility. Such person shall maintain a registration log of guests
and staff on the site;
I. All water facilities, sewage disposal systems, rest
rooms, solid waste disposal, and vector control shall be approved
and maintained in accordance with the requirements of the Pennsylvania
Department of Environmental Protection (PA DEP);
J. All lighting shall be arranged and shielded so that
no glare or direct illumination shall be cast upon adjacent properties
or public streets;
K. Occupancy of a campsite by the same guest shall be
limited to no more than 181 days during any calendar year;
L. The proposed use must obtain and maintain a permit
from the Pennsylvania Department of Health, if required by the state;
M. Those uses involving outdoor activities shall provide
sufficient screening and/or landscaping measures to mitigate any visual
and/or audible impacts on adjoining properties;
N. The applicant shall furnish qualified evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution. All uses must comply with §
220-48 of this chapter;
O. The applicant shall provide for adequate safety signs
to warn pedestrians and motorists of trail crossings; and
P. Required parking will be determined based upon the types of activities proposed and the schedule listed in §
220-42 of this chapter. In addition, if warranted by the conduct of special events or community gatherings, the Board may require an unimproved/grassed overflow parking area for peak use periods. Such overflow parking areas shall be accessible only from the interior access drives. Overflow parking areas may also require fencing to prevent vehicles from crossing adjoining properties.
Within any zone, municipal service ventures
are permitted by special exception subject to the following standards:
A. The purpose of this section is to enable local volunteer
fire and ambulance companies that serve areas within East Cocalico
Township to conduct limited businesses and other activities that assist
in their fundraising and service to the community. These uses can
be permanent businesses or temporary events. The types of uses and
activities permitted have not been specifically listed so that creativity
and innovation can lead to better fundraising potential. However,
applicants will be required to demonstrate by credible evidence that
the proposed use:
(1)
Will generate revenues that can financially
assist the delivery of fire protection and/or ambulance service;
(2)
Is sized and designed to remain compatible with
adjoining properties and the uses permitted thereupon;
(3)
Will not adversely affect surrounding properties
by reason of noise, vibration, light, litter, and hours of operation;
(4)
Will not generate traffic that will reduce the
functional capacity on adjoining roads and at nearby intersections;
(5)
Will comply with all applicable standards imposed by this chapter and Chapter
194, Subdivision and Land Development;
(6)
Will have adequate means of sewage disposal,
water supply and stormwater management; and
(7)
Will be adequately managed at all times to ensure
that the use will minimize its impact on neighboring properties at
levels that are consistent with other uses permitted in the area.
[Added 10-1-2008 by Ord. No. 2008-03]
Within the (C-1), (C-2), (I-1) and (I-2) Zones, adaptive use
with more than one principal use of a building that existed on October
6, 2008; or adaptive use with more than one principal use of a building
that gained land development approval after October 6, 2008; are both,
subject to the following requirements:
A. The building may be expanded beyond the footprint that existed on October 6, 2008, as long as such expansion meets all setback requirements of the underlying zoning district and complies with §
220-129.1G regulating lot coverage. If the building is nonconforming as to a setback, then the building may be extended along the same nonconforming setback(s) line as long as no new nonconformities are created.
[Amended 10-3-2019 by Ord. No. 2019-07]
B. Uses shall be limited to those permitted by right within its respective zone as listed in Article
II of this chapter;
C. Each use must be served by both public sewer and public water;
D. Each use must satisfy the current number of required off-street parking spaces as listed in §
220-42C(2) of this chapter; however, §
220-42C(3)(b) shall apply;
E. The current number of required off-street loading spaces as listed in §
220-43F of this chapter shall be provided on the site;
F. Each use must satisfy the current outdoor sign requirements as listed in §
220-45 of this chapter, except that no more than one freestanding sign shall be permitted for the entire site. Such freestanding sign shall not exceed 100 square feet in area or 20 feet in height. In addition, no more than one freestanding temporary sign shall be permitted upon the site at any one time;
G. The lot coverage may not be expanded beyond that existing on October
6, 2008; the lot coverage approved via the most recent land development
review after October 6, 2008; or, in compliance with the current lot
coverage requirements of the property's respective zone;
H. Vehicular access to the site shall be limited to that existing or
that approved via the most recent land development review process.
Each principal use shall be guaranteed unrestricted vehicular access.
Configurations relying upon shared access shall require the implementation
of a joint use access drive agreement recorded in a form acceptable
to the Township Solicitor;
I. Each principal use must comply with the current landscaping and screening requirements as listed in §
220-44 of this chapter;
J. Each principal use must comply with the current requirements for
waste products as listed in its respective zone; and
K. Outdoor storage shall be regulated as listed in its respective zone.
L. Any building or structure, including but not limited to parking facilities,
screening, lighting and other site conditions, that lawfully existed
on October 6, 2008, may be continued, although it is not in conformity
with the regulations specified by this chapter, as long as there is
no increase or expansion in the existing nonconformities.
[Added 10-3-2019 by Ord.
No. 2019-07]
[Added 6-19-2014 by Ord.
No. 2014-05]
Within the (I-1) Zone, power generation facilities as a principal
use are permitted by special exception, subject to the following criteria:
A. All power generation facilities that rely upon "municipal and residual
wastes," as defined by the PA DEP, shall be operated by the Lancaster
County Solid Waste Management Authority.
B. Any processing and/or treatment of materials (including but not limited
to incineration, composting, steaming, shredding, compaction, material
separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted
within a wholly enclosed building.
C. No materials or waste shall be deposited, stored or disposed of,
and no building or structure shall be located, within 200 feet of
any property line, and 500 feet of any adjoining land within the (R-1,
R-2, R-3, MHP, VO and MR) Zones.
D. Any external area used for the unloading, transfer, storage, or deposition
of material or waste must be completely screened from view at the
property line. (The use of an earthen berm is encouraged where practicable.)
In addition, such areas must also be completely enclosed by a minimum
eight-foot-high fence, with no openings greater than two inches in
any direction.
E. The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
F. The use shall be screened from all adjoining land within the (R-1,
R-2, R-3, MHP, VO and MR) Zones.
G. All uses shall provide sufficiently long stacking lanes into the
facility so that waiting vehicles will not back up onto public roads.
H. All access drives onto the site shall be paved for a distance of
at least 200 feet from the street right-of-way line. In addition,
if portions of on-site access drives are unpaved, then a fifty-foot-long
gravel section of driveway shall be placed just beyond the preceding
two-hundred-foot paved section to help collect any mud that may have
attached to a vehicle's wheels.
I. Access to the site shall be limited to those posted times when an
attendant is on duty. All areas of the site shall be protected by
locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
J. The unloading, processing, treatment, transfer, and disposal of material/waste
shall be continuously supervised by a qualified facility operator.
K. Any waste that is to be recycled shall be stored in leak- and vectorproof
containers. Such containers shall be designed to prevent their being
carried by wind or water. These containers shall be stored within
a completely enclosed building.
L. All storage of material or waste shall be indoors in a manner that
is leak- and vectorproof. During normal operation, no more waste shall
be stored on the property than is needed to keep the facility in constant
operation; but in no event for more than 72 hours.
M. A contingency plan for the disposal of waste during a facility shutdown
shall be submitted to the Township.
N. All structures shall be set back at least a distance equal to their
height.
O. The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources, indicating
quantity of water required. If the source is from a municipal system,
the applicant shall submit documentation that the public authority
will supply the water needed.
P. If the facility is to rely upon nonpublic sources of water, a water
feasibility study will be provided to enable the municipality to evaluate
the impact of the proposed development on the groundwater supply and
on existing wells. The purpose of the study will be to determine if
there is an adequate supply of water for the proposed development
and to estimate the impact of the new development on existing wells
in the vicinity. No use shall be approved without sufficient water
and/or for a use that poses adverse impact on existing wells in the
vicinity. A water feasibility study shall include the following minimum
information:
(1)
Calculations of the projected water needs;
(2)
A geologic map of the area with a radius of at least one mile
from the site;
(3)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells;
(4)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site;
(5)
The location of all streams within 1,000 feet of the site and
all known point-sources of pollution;
(6)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined;
(7)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams,
and the groundwater table; and
(8)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
Q. The applicant shall provide a qualified traffic impact report in accordance with §
220-50 of this chapter.
R. The applicant shall furnish expert testimony regarding emergency
preparedness measures provided and/or otherwise available to respond
to potential hazards regarding the spill of fuel, waste or materials
during transport to and from the site, and potential hazards regarding
Township firefighting of fuel, waste or materials upon the site.
S. Power generation systems may be erected as detached structures or
attached to a building, provided that the structural components of
such systems (along with other site improvements) do not exceed the
maximum permitted lot coverage requirements of the (I-1) Zone.
T. Power generation systems may be erected as detached structures or
attached to a building, provided that the structural components of
such systems comply with all applicable setbacks of the (I-1) Zone.
U. The following provisions shall specifically apply to geothermal systems:
(1)
Only closed-loop geothermal systems shall be permitted. Any
antifreeze fluid circulated through the pipes shall be a biodegradable
mixture such as food-grade propylene glycol.
(2)
Prior to installation, all installation specifications and drawings
for the geothermal system must be certified by a registered engineer
within the Commonwealth of PA as conforming to the installation standards
of the International Ground Source Heat Pump Association (IGSHPA),
the American Society for Testing and Materials (ASTM), the Air-Conditioning
and Refrigeration Institute (ARI), or other similar certifying organizations.
The manufacturer's specifications shall be submitted as part of the
application.
(3)
The vertical geothermal system well (or wells) installation
will be made only by a Pennsylvania-licensed well driller.
(4)
No geothermal system subsurface loops and/or related geothermal
boreholes will be located closer than 100 feet from any existing or
planned drinking water wells, 25 feet from any existing or planned
on-lot sewage disposal systems or 20 feet from any and all property
lines.
(5)
In addition to the preceding setbacks, each geothermal borehole shall be set back no less than 500 feet from each public water well, except that each geothermal borehole shall be set back no less than 1/2 mile from Public Water Wells 3, F and M, as referenced in §
220-27D(2) of this chapter and depicted on the
Zoning Map. Any variance requested to the setbacks listed in this section shall require, prior to approval, a finding by the Zoning Hearing Board that, in addition to those required by §
220-142D(2), the design, installation and maintenance methods used for each borehole will prevent the contamination or loss of water to any public water wells or public water treatment facilities. The applicant must submit written credible expert evidence to support such a finding as part of the variance application.
(6)
The vertical loop in a geothermal system well (or wells) shall
be pressure-grouted bottom to top with a bentonite-based or cement-based
material of 0.0000001 centimeter per second or lower permeability.
(7)
The applicant shall maintain the geothermal system in a safe
condition and good repair at all times. Whenever a geothermal system
endangers the public safety, the Zoning Officer shall give written
notice to the owner of the premises on which the geothermal system
is located that such geothermal system shall be made safe or removed.
The disposal of geothermal systems shall comply with all applicable
Township, county, state, and federal regulations.
(8)
With respect to each geothermal system well installation, the
Pennsylvania-licensed well driller and/or system installer shall provide
to the Township, before activation of the system, copies of:
(a)
Accurate written records and a written geologic log;
(b)
Accurate records with respect to grouting for each such well;
(c)
Proposed plans and related documentation for each such system
and geothermal well location, showing the relation to property lines
and street rights-of-way, existing or planned drinking water wells
that serve one principal use within 100 feet, existing or planned
on-lot sewage disposal systems that serve one principal use within
25 feet and the distance to the closest public water wells or public
water treatment facilities;
(d)
Written documentation of the geothermal system testing and certification;
and
(e)
A written "plan" for the operation of the geothermal system
proposed by the applicant and approved by the system installer which,
among other matters, provides that:
[1] Any geothermal system leaks or releases will be
reported by the applicant (and subsequent owner) to the Township Zoning
Officer within 24 hours of the discovery of same, and the applicant
(and subsequent owner) covenants and agrees to take appropriate action
to minimize any fluid release to the ground and to promptly repair
any system leaks; and
(9)
In the event of the proposed discontinuance of the use of the
geothermal system, a system closure plan will be prepared and submitted
to the Township for its approval by the landowner prior to the conveyance
by the landowner of the land to any third party.
V. Aboveground power generation systems shall be clear-coated, transparent,
and/or be designed with a nonobtrusive color such as white, off-white
or gray with flat finishes. All such facilities shall not be artificially
lighted, except to the extent required by the Federal Aviation Administration
or other applicable authority that regulates air safety.
W. On-site electrical transmission and power lines connected to or associated
with the energy system that are not contained within a building shall
be located underground.
X. Clearly visible warning signs concerning voltage must be placed at
the base of all aboveground transformers and substations. Visible,
reflective, colored objects, such as flags, reflectors, or tape, shall
be placed on the anchor points of guy wires and along the guy wires
up to a height of 10 feet from the ground.
Y. The applicant shall provide written evidence that the proposed power generation system shall comply with the noise standards listed in §
220-48A of this chapter. A manufacturer's certificate of specification may be used to demonstrate compliance with this standard.
Z. The applicant shall make reasonable efforts to avoid any disruption
or loss of radio, telephone, television or similar signals and shall
mitigate any harm caused by the power generation system.
AA.
The applicant shall provide written evidence from the Township
Fire Official that the proposed use can be adequately protected and
that, if necessary, a suitable emergency response plan has been implemented
to serve the proposed use.
BB.
The design and installation of the power generation system shall
conform to applicable industry standards, including those of the American
National Standards Institute and the Uniform Construction Code, and
be subject to all applicable permit requirements thereof as well as
all other applicable laws, codes and regulations.
CC.
In addition to those materials required in §
220-148B of this chapter for a building permit, applicants for power generation facilities shall be required to submit:
(1)
A narrative describing the system and its principal components,
including, but not limited to, related ancillary facilities;
(2)
Information about its potential energy generating capacity and
anticipated generation; and
(3)
A site plan depicting the system and its principal components,
including, but not limited to, related ancillary facilities, as they
relate to property lines, required setbacks, adjoining roads, utility
rights-of-way and lines, and on-site buildings and structures. Such
information shall be depicted upon the site plan even if the system
and its principal components are located underground.
DD.
The applicant shall submit a written plan for the removal of
the power generation system once it is no longer operational in accordance
with the following:
(1)
The applicant/owner shall, at its expense, complete decommissioning
of the power generation system within 12 months after the end of the
useful life of the system. The system will presume to be at the end
of its useful life if no energy is generated for a continuous period
of 12 months.
(2)
The removal of the aboveground power generation system components
shall be completed within 12 months of decommissioning of the system.
All disturbed earth shall be restored, graded and reseeded unless
a building permit has been issued for another use to take its place.
(3)
The landowner or facility operator shall post and maintain decommissioning
funds in an amount equal to decommissioning costs. The decommissioning
funds shall be posted and maintained with a bonding company or a lending
institution approved by the Township.
(4)
An independent and certified professional engineer may be retained
by the Township to inspect the decommissioning of the power generation
system. All such inspection fees shall be paid by the landowner.
(5)
Decommissioning funds may be in the form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable by the Township.
(6)
If the applicant/owner fails to complete decommissioning during
the prescribed period of 12 months, the Township may take such measures
as necessary to complete decommissioning in accordance with the laws
of the Township and the Commonwealth of Pennsylvania.
(7)
The Township may release the decommissioning funds when the
landowner or facility operator has satisfactorily demonstrated compliance
with the removal plan.
(8)
The applicant shall, at all times, maintain on file with the
Township Zoning Officer the current name and contact information of
the party responsible for the operation and maintenance of the power
generation system.
[Added 6-19-2014 by Ord.
No. 2014-05]
Within the (A and I-1) Zones, wind and/or solar farms are permitted
by special exception, and within the (C) Zone, wind farms are permitted
by special exception, all subject to the following specific criteria:
A. The applicant shall prepare and submit a narrative and mapping describing
the proposed wind and/or solar farm, including:
(1)
An overview of the project;
(3)
The approximate generating capacity of the wind and/or solar
farm;
(4)
The approximate number, representative types and height or range
of heights of wind turbines, solar panels and/or solar shingles to
be constructed, including their generating capacity, dimensions and
respective manufacturers;
(5)
Wind turbine system specifications, including manufacturer and
model, rotor diameter, tower height, and tower type — freestanding
or guyed;
(6)
A completed glare study ensuring that reflective glare is not
directed towards nor upon any adjacent properties as well as any adjacent
street rights-of-way. The glare study shall include analyses sufficient
to demonstrate:
(a)
The angle of the solar collector system panels, arrays, cells,
shingles, etc., at the location;
(b)
A diagram showing the maximum and minimum angles of reflective
glare from the solar collector system panels, arrays, cells, shingles,
etc., at the location and the relationship of that glare to adjacent
properties, structures and rights-of-way; and
(c)
A mitigation plan that limits or eliminates reflective glare
on adjacent properties, structures, and rights-of-way.
(7)
A description of accessory facilities;
(8)
An affidavit or similar evidence of agreement between the property
owner(s) and the applicant demonstrating that the applicant has the
permission of the property owner(s) to apply for necessary permits
for construction and operation of the wind and/or solar farm;
(9)
A listing and map of the properties on which the proposed wind
and solar farm will be located, and the properties adjacent to where
the wind and/or solar farm will be located; and
(10)
A site plan showing the planned location of each wind turbine
and/or solar panel, property lines, setback lines, access road and
turnout locations, substation(s), electrical cabling from the wind
and/or solar farm to the substation(s), ancillary equipment, buildings,
and structures, including permanent meteorological towers, associated
transmission lines, towers and foundations, guy wires, and layout
of all structures within the geographical boundaries of any applicable
setback.
B. The applicant shall demonstrate with credible expert evidence that:
(1)
To the extent applicable, the wind and/or solar farm shall comply
with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1
- 403.142, and the Township Building Code.
(2)
The design of the wind and/or solar farm shall conform to applicable
industry standards, including those of the American National Standards
Institute (ANSI), Underwriters' Laboratories, Det Norske Veritas,
Germanischer Lloyd Wind Energies, the American Society for Testing
and Materials (ASTM), or other similar certifying organizations, or
as approved under an emerging technology program such as the California
Energy Commission, International Electrotechnical Commission, or any
other wind certification program recognized by the American Wind Energy
Association (AWEA) or the United States Department of Energy. The
applicant shall submit certificates of design compliance obtained
by the equipment manufacturers.
(3)
The public utility company has been informed of the applicant's
intent to install an interconnected generator and also approval of
such connection. Off-grid systems shall be exempt from this requirement.
(4)
Each of the proposed wind turbines shall be equipped with a
redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
(5)
All electrical components of the wind and/or solar farm shall
conform to relevant and applicable local, state and national codes
and relevant and applicable international standards.
(6)
Wind turbines shall be a nonobtrusive color such as white, off-white,
gray or some color similar to the background of the proposed wind
turbine and have a flat finish.
(7)
Wind turbines shall not be artificially lighted, except to the
extent required by the Federal Aviation Administration or other applicable
authority that regulates air safety.
(8)
Wind turbines shall not be installed in any location where they
would interfere with existing fixed broadcast, retransmission, or
reception antennas. This includes interference with residential radio,
television, or wireless phone, or other personal communication system
reception. No wind turbine shall be installed in any location along
the major axis of an existing microwave communication link where its
operation is likely to produce electromagnetic interference in the
link's operation.
(9)
Wind turbines and any supporting structure shall be enclosed
by a six-foot fence with locking gate or the base of the wind turbine
and any supporting structure shall not be climbable for a minimum
height of 12 feet. All access doors to wind turbines and electrical
equipment shall be locked or fenced, as appropriate, to prevent entry
by nonauthorized persons.
(10)
Wind turbines shall be located and designed to minimize shadow
flicker to adjoining properties.
(11)
Wind turbines shall not cause ground vibrations perceptible
beyond the property line of the site.
(12)
Wind turbines shall not cause ice to be thrown or shredded beyond
the property line of the site.
(13)
Wind turbines and/or solar panels shall not display advertising,
other than an incidental insignia of the turbine/panel manufacturer.
In no case shall such identification exceed 200 square inches per
panel or turbine.
(14)
On-site transmission and power lines between wind turbines and/or
solar panels shall, to the maximum extent practicable, be placed underground.
(15)
A clearly visible warning sign concerning voltage must be placed
at the base of all at-grade transformers and substations.
(16)
Visible, reflective, colored objects, such as flags, reflectors,
or tape, shall be placed on the anchor points of each guy wire and
along each guy wire up to a height of 10 feet from the ground. The
applicant shall also submit a working plan for the regular inspection
of such guy wires and replacement of any needed flags, reflectors,
or tape.
(17)
Wind turbines and/or solar panels shall be designed and constructed
to be nonclimbable up to 15 feet above ground surface.
(18)
All access doors to wind turbines and/or solar panels and electrical
equipment shall be locked or fenced, as appropriate, to prevent entry
by nonauthorized persons.
(19)
Wind turbines shall be set back the following distances as measured
from the center of the wind turbine base to the nearest point of the
respective feature listed below:
|
Feature
|
Minimum Setback
|
---|
|
Occupied building on site
|
Turbine height plus 10 feet
|
|
Aboveground utility line right-of-way
|
Turbine height plus 10 feet
|
|
Adjoining property
|
1.5 times turbine height
|
|
Adjoining road right-of-way
|
1.5 times turbine height
|
(20)
The minimum height of a wind turbine shall be such that there
shall be maintained a minimum of 15 feet of ground clearance, as measured
between the closest ground surface to the tip of the blade at its
lowest turning movement or any other feature of the turbine at its
closest point to the ground.
(21)
The maximum height of a wind turbine shall be 50 feet, as measured
from the ground surface to the tip of the blade at its highest turning
movement or the highest point of any feature of the turbine at its
maximum height, whichever is the highest point.
(22)
Solar energy panels and/or shingles shall be designed and located
in order to minimize reflective glare and/or heat towards any adjoining
use and/or road.
(23)
The applicant shall be responsible for the prompt repair and
maintenance of all roads used to transport equipment and parts for
construction, operation or maintenance of the wind and/or solar farm.
The applicant shall prepare an engineering report that documents road
conditions prior to construction and again within 30 days after construction
is complete or as weather permits. Such reports shall be reviewed
by the Township Engineer; any discrepancies shall be mediated by a
third engineer selected by mutual acceptance by the applicant's and
Township's engineers. The applicant shall demonstrate that it has
appropriate financial assurance to ensure the prompt repair of damaged
roads, and the Township may bond the road in compliance with state
regulations.
(24)
The applicant shall provide a copy of the project summary and site plan as required in §
220-129.3A of this chapter to the Township Fire Official. The applicant shall prepare and coordinate the implementation of an emergency response plan for the wind and/or solar farm acceptable to the Township Fire Official.
(25)
Within the (A) Zone, the location of any ground-mounted solar
energy system and/or ground-mounted wind energy system is not situated
upon Class 1 or 2 prime agricultural soils according to the latest
USDA soil survey for Lancaster County, PA.
C. Audible sound from a wind and/or solar farm shall comply with the noise standards listed in §
220-48A of this chapter. A manufacturer's certificate of specification may be used to demonstrate compliance with this standard.
D. The surface area of a ground-mounted solar energy system, regardless
of the mounted angle of any solar panels, shall be considered part
of and calculated in the lot coverage of the lot on which the system
is located. The surface area of a ground-mounted solar energy system
and/or a ground-mounted wind energy system shall not exceed 30% of
maximum lot coverage of the lot. For panels that self-adjust, the
lot coverage of each solar panel shall be calculated at that angle
with the greatest horizontal exposure.
E. The applicant shall make reasonable efforts to minimize shadow flicker
and to avoid any disruption or loss of radio, telephone, television
or similar signals. The applicant shall mitigate any such harm caused
by the wind and/or solar farm on any adjoining property.
F. The applicant shall maintain a current general liability policy covering
bodily injury and property damage with limits of at least $2,000,000
per occurrence and $2,000,000 in the aggregate. Certificates of insurance
coverage shall be made available to the Township each year that the
wind and/or solar farm operates.
G. All owners of a wind and/or solar farm shall maintain the facility
in a safe condition and good repair at all times. Whenever any system
becomes structurally unsafe or endangers the safety of the structure
or premises, or endangers the public safety, the Zoning Officer shall
give written notice to the owner of the premises on which the system
is located that such system shall be made safe or removed. The disposal
of such systems shall comply with all applicable Township, county,
state, and federal regulations.
H. The applicant shall be responsible for the decommissioning of the
wind and/or solar farm in accordance with the following requirements:
(1)
The applicant shall, at his/her expense, complete decommissioning
of the wind and/or solar farm, or individual wind turbines, within
12 months after the end of the useful life of the wind and/or solar
farm or individual wind turbines or solar panels. The wind and/or
solar farm or individual wind turbines or solar panels will presume
to be at the end of its useful life if no electricity is generated
for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines and solar
panels, buildings, cabling, electrical components, roads, foundations
to a depth of 36 inches, and any other associated facilities.
(3)
Disturbed earth shall be graded and reseeded, unless the landowner
requests in writing that the access roads or other land surface areas
not be restored.
(4)
An independent and certified professional engineer shall be
retained to estimate the total cost of decommissioning ("decommissioning
costs") without regard to salvage value of the equipment, and the
cost of decommissioning net salvage value of the equipment ("net decommissioning
costs"). Said estimates shall be submitted to the Township after the
first year of operation and every fifth year thereafter at the applicant's
and/or any successor's expense.
(5)
The applicant shall post and maintain decommissioning funds
in an amount equal to net decommissioning costs; provided the decommissioning
funds shall be posted and maintained with a bonding company or federal
or commonwealth-chartered lending institution chosen by the facility
owner or operator and participating landowner posting the financial
security, and provided that the bonding company or lending institution
is authorized to conduct such business within the commonwealth and
is approved by the Township.
(6)
Decommissioning funds may be in the form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable to the Township.
(7)
If the applicant fails to complete decommissioning within the period prescribed by §
220-129.3H(1) of this chapter, then the landowner shall have six months to complete decommissioning.
(8)
If neither the applicant nor the landowner completes decommissioning within the periods prescribed by §
220-129.3H(1) or §
220-129.3H(7) of this chapter, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township in accordance with §
220-129.3A(8) of this chapter shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
(9)
The escrow agent shall release the decommissioning funds when
the applicant has demonstrated and the municipality concurs that decommissioning
has been satisfactorily completed, or upon written approval of the
municipality in order to implement the decommissioning plan.
I. The applicant shall be required to submit written verification that
the Township Fire Official has reviewed the proposed plans and the
proposed solar farm shall be arranged to provide for fire lanes at
acceptable intervals and of sufficient width to ensure adequate fire
protection.
J. All owners of property upon which a wind and/or solar farm is installed
shall be required to acknowledge in writing to the Township that the
approval of the wind and/or solar farm shall not and does not create
in the property owner, its, his, her or their successors and assigns
in title, or create in the property itself:
(1)
The right to remain free of shadows and/or obstructions to solar
or wind energy caused by development of adjoining or other property
or the growth of any trees or vegetation on such property; or
(2)
The right to prohibit the development on, or growth of any trees
or vegetation on, such property.