Township of Middlesex, PA
Butler County
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Table of Contents
Table of Contents

§ 175-92
Approval of conditional uses; expiration. 

§ 175-93
Approval of uses by special exception; expiration. 

§ 175-94
General standards and criteria. 

§ 175-95
Standards for specific uses. 

§ 175-96
Adult businesses. 

§ 175-97
Automobile service stations. 

§ 175-98
Billboards. 

§ 175-99
Car washes. 

§ 175-100
Cemeteries. 

§ 175-101
Places of worship/places of assembly. 

§ 175-102
Clinics, hospitals or nursing homes. 

§ 175-103
Collection and recycling facilities. 

§ 175-104
Commercial recreation. 

§ 175-105
Comparable uses not specifically listed. 

§ 175-106
Conversion apartments. 

§ 175-107
Day-care centers or nursery schools. 

§ 175-108
Drive-in facilities. 

§ 175-109
Flex space. 

§ 175-110
Golf courses or country clubs. 

§ 175-111
Group care facilities, personal care boarding homes or transitional dwellings. 

§ 175-112
Hazardous waste disposal, treatment, transportation or storage. 

§ 175-113
Home occupations. 

§ 175-114
Horse boarding or riding academies. 

§ 175-115
Junkyards. 

§ 175-116
Kennels or veterinary clinics. 

§ 175-117
Lakes, ponds or water impoundments. 

§ 175-118
Landfills or resource recovery facilities. 

§ 175-119
Mineral removal. 

§ 175-120
Mobile home parks. 

§ 175-121
New and used vehicle sales and service. 

§ 175-122
Outdoor sales of mobile homes, recreational vehicles and heavy equipment. 

§ 175-123
Planned industrial parks. 

§ 175-124
Planned shopping centers. 

§ 175-125
Private use helipads. 

§ 175-126
Noncommercial recreation. 

§ 175-127
Public utility buildings. 

§ 175-128
Supply yards. 

§ 175-129
Temporary uses or structures other than construction trailers or temporary mobile homes. 

§ 175-130
Vehicle repair garage or heavy equipment repair. 

§ 175-131
Wholesale sales in conjunction with retail business. 

§ 175-132
Communication facilities. 

§ 175-133
Manufacturing. 

§ 175-134
Public recreation. 

§ 175-135
Restaurants. 

§ 175-136
Vehicle sales. 

§ 175-137
Commercial supply yards. 

A. 

Approval of conditional uses. The Township Supervisors shall hear and decide requests for conditional uses; however, the Township Supervisors shall not approve a conditional use application unless and until:

(1) 

A written application for conditional use approval is submitted to the Zoning Officer no fewer than 10 working days prior to the work meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:

(a) 

A land development plan, including the following:

[1] 

A boundary survey of the property;

[2] 

Graphic scale, North point, date, legend;

[3] 

Names and addresses of the landowner and the developer;

[4] 

Where any grading or new construction is proposed, existing and proposed contours shall be shown at intervals of elevation of not more than five feet where the slope is greater than 10% and at intervals of not more than two feet where the slope is 10% or less;

[5] 

Zoning classification of property;

[6] 

Front building line;

[7] 

Proposed use, height, location, area and bulk of all existing and proposed structures and the dimensions of all yards;

[8] 

Existing and proposed easements, showing location, size and purposes;

[9] 

Existing and proposed streets, including right-of-way width, paving width and curbs and sidewalks, if any;

[10] 

Layout of parking areas and computation of the number of parking spaces required and provided;

[11] 

Patterns of vehicular and pedestrian circulation on the site ingress and egress and circulation into and out of the site; width and turning radii of points of access to the public street;

[12] 

Location and specifications for site lighting, if any;

[13] 

Location, size and specifications for private improvements, if any, such as streets, curbs, sidewalks, driveways, parking areas, storm drainage, landscaping strips, planters, wheelstops and the like; and

[14] 

Any other information necessary to demonstrate compliance with the requirements of this chapter for the proposed use.

(b) 

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

(c) 

A traffic report as described in § 175-66C(5) of this chapter, if the proposal is for any use which according to the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual will generate in excess of 250 vehicle trips per day on an average weekday.

(d) 

The application fee required by § 175-187 of this chapter.

(2) 

A public hearing is conducted by the Planning Commission pursuant to public notice, as defined by this chapter and written notification is given by regular mail of all property owners within 450 feet of the property at least two weeks prior to the public hearing. The Planning Commission may elect to hold its public hearing concurrently with the Township Supervisors, after which the Planning Commission shall forward its recommendation to the Township Supervisors.

(3) 

A written recommendation is received from the Planning Commission or 30 days has passed from the date of the Planning Commission's public hearing at which the application is considered for approval.

(4) 

A public hearing is held by the Township Supervisors pursuant to public notice, as defined by this chapter and written notification is given by regular mail to all property owners within 450 feet of the property at least two weeks prior to the public hearing.

(5) 

The Township Supervisors shall act to approve, approve with conditions or deny the application for conditional use approval within 90 days from the date of submission of a complete and properly filed application.

(6) 

In considering an application for conditional use approval, the Township Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter.

B. 

Expiration of conditional use approval. Conditional use approval shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within six months of said approval, unless the Township Supervisors, in their sole discretion, extend conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one six-month extension.

A. 

Approval of uses by special exception. The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:

(1) 

A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:

(a) 

A land development plan, including the following:

[1] 

A boundary survey of the property;

[2] 

Graphic scale, North point, date, legend;

[3] 

Names and addresses of the landowner and the developer;

[4] 

Where any grading or new construction is proposed, existing and proposed contours shall be shown at intervals of elevation of not more than five feet where the slope is greater than 10% and at intervals of not more than two feet where the slope is 10% or less;

[5] 

Zoning classification of property;

[6] 

Front building line;

[7] 

Proposed use, height, location, area and bulk of all existing and proposed structures and the dimensions of all yards;

[8] 

Existing and proposed easements, showing location, size and purposes;

[9] 

Existing and proposed streets, including right-of-way width, paving width and curbs and sidewalks, if any;

[10] 

Layout of parking areas and computation of the number of parking spaces required and provided;

[11] 

Patterns of vehicular and pedestrian circulation on the site; ingress and egress and circulation into and out of the site; width and turning radii of points of access to the public street;

[12] 

Location and specifications for site lighting, if any;

[13] 

Location, size and specifications for private improvements, if any, such as streets, curbs, sidewalks, driveways, parking areas, storm drainage, landscaping strips, planters, wheelstops and the like; and

[14] 

Any other information necessary to demonstrate compliance with the requirements of this chapter for the proposed use.

(b) 

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

(c) 

A traffic report as described in § 175-66C(5) of this chapter, if the proposal is for any use which according to the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual will generate in excess of 250 vehicle trips per day on an average weekday.

(d) 

The application fee required by § 175-187 of this chapter.

(2) 

A public hearing is held by the Zoning Hearing Board pursuant to public notice, as defined by this chapter, and written notification by regular mail is given to all property owners within 450 feet of the property at least two weeks prior to the public hearing.

(3) 

The public hearing shall be held by the Zoning Hearing Board within 60 days of the date of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by § 175-177 of this chapter.

(4) 

In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter.

B. 

Expiration of approval of use by special exception. Approval of a use by special exception shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within six months of the effective date of this chapter, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one six-month extension.

In addition to the specific standards and criteria listed for each use in § 175-95 et seq. below, all applications for conditional uses and uses by special exception listed in each Zoning District shall demonstrate compliance with all of the following general standards and criteria:

A. 

The use shall not endanger the public health, safety or welfare nor deteriorate the environment, if it is located on the site where it is proposed.

B. 

The use shall comply with the performance standards specified in § 175-139 of this chapter.

C. 

The use shall comply with all applicable requirements of Article XIII governing parking and loading, Article XIV governing signs, § 175-140 governing screening and landscaping, § 175-141 governing steep slopes and § 175-149 governing storage.

D. 

Ingress, egress and traffic circulation on the site shall be designed to ensure safety and minimize congestion and the impact on local streets.

E. 

Site lighting, if proposed, shall be shielded and reflected away from adjacent residential properties and public streets.

In addition to the general standards and criteria for conditional uses and uses by special exception listed in § 175-94, above, an application for any of the following uses which are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below.

Adult businesses, subject to:

A. 

Adult businesses shall include adult bookstores/video stores, adult motels, adult movie theaters or movie houses and adult live theaters, as defined herein.

B. 

Adult businesses, as described herein, shall be permitted only in the I-1 Zoning District.

C. 

Adult businesses shall not be located within 1,000 feet of any property which is zoned AG-A, AG-B or R-1.

D. 

Adult businesses shall not be located within 500 feet of the property boundary of any existing school, day-care center, hospital, group care facility, personal care boarding home, group home, transitional dwelling, public park, playground, or place of worship.

E. 

No adult business shall be located within 1,000 feet of any other existing or proposed adult business.

F. 

The distances specified in Subsections C through E shall be measured by following the shortest route of ordinary vehicular travel along the public street from the principal vehicular entrance to a proposed regulated use to the principal vehicular entrance to the existing regulated use or, if no use exists on the property, to the nearest property line of property zoned AG-A, AG-B or R-1.

G. 

Persons or owners who intend to operate an adult business shall obtain a license to operate from the Township and shall pay an investigation fee of $500 to the Township. In addition, such persons or owners shall supply to the Township detailed information regarding the ownership and financing of the proposed business as required on the licensing application. Applications for licensing shall be filed with the Township Zoning Officer.

H. 

An adult business shall be initially licensed when it has met the requirements of this section. The license shall be valid through December 31 of the year in which the license is initially issued. For each year thereafter that the business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Township Zoning Officer by November 1 of the year preceding the year for which the license renewal is sought. The lack of a license or failure to renew such license in a timely fashion shall be grounds for the Township to deny or revoke the certificate of occupancy for the adult business.

Automobile service station, subject to:

A. 

All minor repair work, vehicle washing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

B. 

All automobile parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.

C. 

All vehicles awaiting repair shall be stored on site in approved parking spaces, and, under no circumstances, shall said vehicles be stored on or obstruct access to a public right-of-way.

D. 

Canopies over gasoline pumps shall be subject to the requirements of § 175-142C(6).

E. 

Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.

F. 

All fuel, oil or similar substances shall be stored at least 25 feet from any property line.

G. 

In addition to the signs authorized in Article XIV, any use which dispenses gasoline or other fuel oil may have a minimum of one sign for each three pumps indicating the price of the fuel. Said signs shall not exceed 12 square feet in surface area.

H. 

All lighting shall be shielded and reflected away from adjacent properties and streets.

I. 

Buffer Yard D, as defined by § 175-140B(4) of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

Billboards subject to:

A. 

Location. Billboards shall not be erected within the AG-A, AG-B, R-1 and R-2 Zoning Districts or within 500 feet of the line of any public or parochial school property. Required spacing shall be measured from a point perpendicular to the structure along the front lot line parallel to the center line of the roadway to which the billboard is oriented.

(1) 

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

(2) 

A billboard shall be considered a structure and shall be included in the calculation of maximum building coverage as specified in this chapter. The maximum lot coverage calculation shall be cumulative, including the billboard and any other structures and buildings on the same lot therewith.

(3) 

No billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign or residential or non-residential structure or to limit or reduce the light and ventilation requirements as defined by this chapter.

(4) 

No billboard shall be constructed that obstructs visibility within the clear sight triangle to a height of 25 feet from the average ground elevation of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety. Average ground elevation shall be measured as the median between the high point and low point found within the clear sight triangle area.

(5) 

Billboards shall maintain a lateral minimum spacing of 750 feet between billboard structures. Required spacing shall be measured from a point perpendicular to the centermost point of the billboard structure along the front lot line parallel to the center line of the roadway to which the billboard is oriented. The applicant shall document this spacing of any existing adjacent billboards.

(6) 

Billboards may not be mounted on the roof or project above the parapet of a building wall.

(7) 

A detailed plan shall be submitted which indicates billboard size, number of faces, landscaping, construction types and site plan illustrating compliance with applicable setbacks and right-of-way locations.

B. 

Size and height. A billboard shall have a maximum allowable gross surface area of 750 square feet per sign face. A billboard shall have a maximum of two sign faces per billboard structure.

(1) 

The billboard structure may have sign faces placed back-to-back or in a V-shaped configuration on a single billboard structure.

(2) 

A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.

(3) 

The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 60 miles per hour wind load.

(4) 

If the billboard foundation is visible from the right-of-way, the entire base of the billboard structure shall be permanently landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.

(5) 

Grass, sod or turf shall not be considered an acceptable plant for use within landscaped buffer yards.

(6) 

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

(7) 

Permanent landscaping shall form a base and/or backdrop to the billboard sign when practical in the opinion of the Zoning Officer.

(8) 

All grading shall be in accordance with Township regulations.

(9) 

All earth cuts or fills are to be permanently seeded or planted to prevent erosion.

(10) 

A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum of one footcandle upon an adjoining lot.

(11) 

No billboard shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties because of movement, flashing or emitting noise. All display lighting shall be designed in accordance with PennDOT regulations.

(12) 

The use of colored lighting for exterior spot lighting or uplighting is not permitted.

C. 

Maintenance.

(1) 

A billboard structure shall be entirely painted every three years.

(2) 

Every 10 years the owner of the billboard shall have a structural inspection made of the billboard by an engineer or an architect and shall provide to the Township a certificate from an engineer or architect attesting that the billboard is structurally sound.

(3) 

Annual inspections of the billboard may be conducted by the Township to determine compliance with the provisions of this chapter.

(4) 

Billboards found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by the Township. Failure to comply shall be a violation of this chapter.

(5) 

Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure.

Car wash, subject to:

A. 

All automated washing facilities shall be in a completely enclosed building. All other car-washing facilities shall be under a roofed structure which has at least two walls.

B. 

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

C. 

Standing spaces shall be provided in accordance with the requirements specified in § 175-108 for drive-in facilities.

D. 

The facility shall be connected to public sewers.

E. 

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

F. 

Any car wash which also dispenses gasoline shall meet all applicable requirements of § 175-97 governing service stations.

Cemeteries, subject to:

A. 

A minimum site of 10 acres shall be required.

B. 

A drainage plan shall be submitted with the application for the use to show existing and proposed runoff characteristics.

C. 

A groundwater study prepared by an hydrologist or registered professional engineer qualified to perform such studies shall be submitted with the application.

D. 

Plans for ingress/egress shall be referred to local police officials for comments regarding public safety.

E. 

All property lines adjoining residential use or zoning classification shall be screened by Buffer Yard D as defined by § 175-140B of this chapter.

F. 

Parking for principal structures, such as chapels or mausoleums, shall be provided in accordance with the requirements of Article XIII.

G. 

All equipment shall be properly stored in an enclosed building when not in use.

H. 

No burial sites or structures shall be located within 100 feet of any adjacent property line.

A. 

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

B. 

A traffic impact study shall be required to be submitted where the proposed development, according to the Institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadway's peak-hour volumes.

C. 

The number of points of ingress/egress shall be based upon projected peak-hour traffic for the use and approved by the Township Engineer to ensure employee and visitor safety.

D. 

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

E. 

For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.

Clinic, hospital or nursing home, subject to:

A. 

The minimum site area required for a hospital shall be five acres. The minimum site area required for a clinic or nursing home shall be one acre.

B. 

The site proposed for any nursing home with a capacity of 30 or more beds or for a clinic or hospital of any size shall be served by public water and public sewers or a private sewage treatment or private water distribution system approved by the PA Department of Environmental Resources.

C. 

All hospitals and nursing homes shall be licensed by the commonwealth.

D. 

Water pressure and volume shall be adequate for fire protection.

E. 

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

F. 

The plan shall be referred to the Volunteer Fire Company for comments regarding safety and emergency access.

G. 

Nursing homes shall have a bed capacity of at least 20 beds but no more than 200 beds.

H. 

All property lines adjoining residential use or zoning classification shall be screened by Buffer Yard B as defined by § 175-140B of this chapter for facilities containing 30 or more beds.

I. 

A private use helipad, if proposed as part of a hospital, shall meet standards of § 175-125 of this chapter.

Collection and recycling facilities, subject to:

A. 

Operations shall be regulated so that nuisances such as visual blight, noise, odors, blowing debris and dust shall not be created.

B. 

Materials shall be stored in such a manner as to discourage the presence of rodents and other disease-carrying animals. If, after operations commence, the Zoning Officer determines that a vector problem exists, the operator shall be responsible for taking whatever measures are necessary to rid the premises of said nuisances.

C. 

Adequate off-street loading areas shall be provided for loading and unloading of recyclable materials. Under no circumstances shall loading vehicles or other business vehicles be parked on a public right-of-way.

D. 

All materials shall be stored within a completely enclosed building or screened from adjacent properties and public rights-of-way with an eight-foot high opaque fence.

E. 

Access shall be directly onto a collector or arterial road with sufficient capacity to handle traffic generated by the facility.

F. 

In approving the use, restrictions may be imposed on access to the facility, hours of operation or other such matters as deemed necessary to insure that there is no adverse impact upon the functioning of the neighborhood or adjacent parcels.

Commercial recreation, subject to:

A. 

The minimum site area for stadiums, arenas, amphitheaters, racetracks and similar large facilities which propose maximum occupancy for 5,000 or more persons shall be 25 acres. Other outdoor recreation facilities shall have a minimum site of one acre. Indoor facilities shall meet the minimum lot area required for the zoning district in which the site is located.

B. 

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

C. 

Any use which proposes a maximum permitted occupancy of 200 or more persons at any given time shall provide public water and public sewers on the site. All other uses shall show evidence of PA Department of Environmental Resources approved sewage treatment system and water supply.

D. 

Adequate sanitary facilities available to the public shall be provided, as approved by the Sewage Enforcement Officer.

E. 

Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the site in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize the impact on adjoining properties.

F. 

Location of buildings and facilities, traffic circulation and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.

G. 

Any outdoor facility shall be completely enclosed by a fence at least six feet in height with one or more locking gates which shall remain secured when the facility is not in use.

H. 

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 12:00 midnight.

I. 

Any use which includes a golf course or country club shall be further subject to § 175-110.

J. 

Any use which proposes any drive-in facilities, including drive-in theaters, shall be further subject to § 175-108.

Comparable uses not specifically listed, subject to:

A. 

Uses of the same general character as any of the uses authorized as permitted uses by right or uses by special exception in the zoning district shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:

(1) 

The number of employees.

(2) 

The floor area of the building or gross area of the lot devoted to the proposed use.

(3) 

The type of products, materials, equipment and/or processes involved in the proposed use.

(4) 

The magnitude of walk-in trade.

(5) 

The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 175-139.

B. 

The proposed use shall comply with all applicable area and bulk regulations of the Zoning District in which it is located.

C. 

The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception specifically listed in the zoning district in which it is proposed.

D. 

The proposed use shall be consistent with the purpose statement of the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

Conversion apartments, subject to:

A. 

Each dwelling unit shall contain a minimum of 900 square feet of gross floor area.

B. 

Each dwelling unit shall have separate living, sleeping, kitchen and sanitary facilities.

C. 

The maximum number of dwelling units shall be two dwelling units in the same building.

D. 

Conversion of basements, garages or other accessory structures to dwelling units shall not be permitted.

E. 

Safe ingress and egress and adequate turnaround areas shall be provided on the lot for circulation of automobiles owned by the residents.

F. 

One off-street parking space shall be provided for each dwelling unit.

G. 

All units shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry.

Day-care center or nursery school, subject to:

A. 

The facility shall be licensed by the commonwealth.

B. 

In the AG-A, AG-B and R-1 Districts, day-care centers shall only be authorized to be established in an existing place of worship or school building.

C. 

Ingress and egress to the site shall be designed to assure safety and safe areas for discharging and picking up children or older adults, as the case may be, shall be provided which do not interfere with the free flow of traffic on adjacent streets.

D. 

Outdoor play areas shall be provided for child day-care centers which shall be secured by a fence with a self-latching gate.

E. 

Outdoor play areas which adjoin residential lots shall be screened by a Buffer Yard D as defined by § 175-140B of this chapter.

F. 

The general safety of the site proposed for a day-care center shall be evaluated as it relates to the needs of small children or older adults, as the case may be.

G. 

Off-street parking shall be provided in accordance with the requirements of Article XIII of this chapter.

Drive-in facilities, subject to:

A. 

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

B. 

In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in tandem, with a total length of 100 feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.

C. 

Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.

D. 

Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the site.

Flex space, subject to:

A. 

Off-street parking shall be provided for each of the uses in accordance with the requirements of Article XIII of this chapter.

B. 

Off-street parking for offices shall be located within 300 feet of the entrance to the offices.

C. 

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

D. 

Any site which involves wholesale distribution shall have access to an arterial or collector street, as defined by this chapter.

E. 

No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.

F. 

All property lines adjoining residential use or zoning classification shall be screened by Buffer Yard B, as defined by § 175-140B of this chapter.

Golf course or country club, subject to:

A. 

Golf courses and country clubs shall have a minimum site of 10 acres.

B. 

Clubhouses shall be located at least 100 feet from any property line adjoining an AG-A, AG-B or R-1 Zoning District and at least 50 feet from all other property lines.

C. 

Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.

D. 

Operations shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m.

Group care facility, personal care boarding home or transitional dwelling, subject to:

A. 

In the AG-A District, the minimum site required for a personal care boarding home shall be based on the number of residents to be housed, as follows:

Number of Residents Size of Site (acres)
6 or fewer 1
7 to 12 2
13 to 19 3
20 or more 5
B. 

In all other Districts, the minimum site required for a group care facility, personal care boarding home or transitional dwelling shall be based on the number of residents to be housed, as follows:

Number of Residents Size of Site (acres)
Fewer than 20 1
20 to 40 5
41 to 100 10
Over 100 15
C. 

In all districts, any personal care boarding home proposed to house 30 or more residents shall provide public water and public sewers or a private sewage treatment system and private water supply approved by the PA Department of Environmental Resources.

D. 

A group care facility, personal care boarding home or transitional dwelling shall have frontage on and direct vehicular access to an arterial or collector road as defined by this chapter.

E. 

No group care facility, personal care boarding home or transitional dwelling shall be established within 1,000 feet of another existing or proposed group care facility, personal care boarding home or transitional dwelling. This distance shall be the nearest distance between the property lines of the two properties in question as measured in any direction.

F. 

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with a self-latching gate.

G. 

Adequate provisions shall be made for access for emergency medical and fire vehicles.

H. 

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

I. 

The facility and staff shall demonstrate compliance with all the qualifications of the sponsoring agency, and continued compliance shall be maintained throughout the operation of the facility.

J. 

Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

Hazardous waste disposal, treatment, transportation or storage, subject to:

A. 

The applicant shall present evidence of valid licenses and/or permits from the Pennsylvania Department of Environmental Resources (PA DER) for the proposed transportation, storage, treatment or disposal of hazardous waste.

B. 

Valid licenses and/or permits from PA DER shall be maintained continuously throughout the operation of any transportation, storage, treatment or disposal of hazardous waste. Any suspension or revocation of the valid PA DER licenses and/or permits shall result in revocation of Township zoning approval and shall represent a violation of this chapter which shall be subject to the penalty provisions of this chapter.

C. 

The applicant shall demonstrate that the proposed transportation, storage, treatment or disposal of hazardous waste shall not adversely affect any lawful or existing permitted uses of adjacent property.

D. 

The applicant shall demonstrate that the proposed transportation, storage, treatment or disposal of hazardous waste shall not adversely affect any stream or groundwater supply.

E. 

The applicant shall show the proposed routes of all trucks to be utilized for hauling, if any; the estimated weights of the trucks; and the types of hazardous waste to be hauled in those trucks. The applicant shall comply with all weight limits on Township roads and shall design the hauling routes to minimize the impact on local roads.

F. 

Posting of bond; spills.

(1) 

The applicant shall post a bond in an amount determined by the Township Engineer to guarantee restoration of Township roads used for hauling, if any, and to guarantee compensation of Township employees and/or emergency medical and fire services for clean-up or abatement of any hazardous waste spilled or otherwise deposited on roads or properties within the limits of the Township.

(2) 

Any person who intentionally, accidentally or negligently causes any such spill or deposit shall be liable for all costs incurred by the Township, including, but not limited to, traffic control, evacuation, relocation, substance monitoring, establishment of medical care facilities and repair or restoration of Township roads. The applicant shall certify that an ordinary public liability insurance policy in an amount determined by the Township to cover these potential costs either is or shall be in effect during the operation.

G. 

Storage areas shall not be outside an enclosed building. The enclosed building shall be constructed of brick or concrete block and shall contain protective separations between different types of hazardous wastes stored and between the storage area and areas devoted to other activities in the building.

H. 

The hazardous waste storage area shall be visibly posted with warning notices and shall be adequately secured at all times to protect public safety.

I. 

The minimum site required for storage of hazardous waste when it is the principal use on a site shall be 25 acres. The minimum site required for storage of hazardous waste as an accessory use to another principal use on a site shall be one acre.

J. 

The minimum site required for treatment and/or disposal sites shall be 100 acres.

K. 

Treatment and disposal facilities shall not be located within one mile of any airport, school, community park, hospital, nursing home, place of worship or retail center.

L. 

Storage sites, other than those which include treatment or disposal, shall not be permitted within 500 feet of any residence or within 1/4 mile of any place of worship, school, hospital, nursing home, public building, historic structure or municipal park.

M. 

Treatment and/or disposal sites shall be adequately secured and shall be visibly posted to protect the public safety. Treatment and or disposal areas shall be located no closer than 100 feet to any property line and shall be adequately screened by an opaque fence or earthen mound at least eight feet in height or landscaped with a dense, compact year-round vegetative screen which attains at least eight feet in height within three years of planting.

N. 

Any change or expansion of the activity on a site which includes transportation, storage, treatment or disposal of hazardous waste which is not authorized by the original conditional use approval shall require submission of a new use by special exception application for the changed or expanded activity.

O. 

The application for the use shall include written and graphic materials and a boundary and topographic survey of the property and shall contain the following information:

(1) 

The location of all existing and proposed buildings and structures on the site.

(2) 

The proposed location of the hazardous waste storage area on the site and the distance from all residences located within 500 feet of the proposed storage area and all schools, places of worship, public buildings, hospitals, historic structures, municipal parks, streams, floodplains and protected watersheds within 1/4 mile of the proposed storage area.

(3) 

The location of any proposed treatment or disposal facility and the distance from all residences within 500 feet and the distance from any airport, school community park, hospital, nursing home, place of worship or retail center within one mile.

(4) 

The uses of all adjacent properties within 500 feet of the entire perimeter of the property. The names and addresses of all property owners within 500 feet of the entire perimeter of the property.

(5) 

The location of all access and haulage roads and their intersection with all existing public roads.

(6) 

A statement from a registered professional engineer certifying that the proposed storage, treatment or disposal of hazardous waste shall not have a deleterious effect on adjacent land uses, surface water, groundwater or floodplains, if any.

(7) 

A copy of all applicable PA DER permits or licenses or a copy of the application for such permits or licenses.

(8) 

The amount and type of performance bond to be posted and the amount and type of liability insurance required in accordance with the requirements of PA DER permits or licenses, if any.

(9) 

The duration of the proposed transportation, storage, treatment or disposal activity and whether temporary or permanent.

(10) 

The type and amount of hazardous waste to be stored, the proposed method of storage and the proposed method of treatment or disposal of hazardous waste at the site, if any.

P. 

The applicant shall present evidence from a registered professional engineer or other qualified expert whose credentials are acceptable to the Township to document compliance with these express standards and criteria and whose fee shall be paid by the applicant.

Home occupation, subject to:

A. 

The home occupation shall be carried on by a member of the family residing in the dwelling unit, and no more than one person shall be employed who is not a resident of the dwelling.

B. 

The home occupation shall be carried on wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure.

C. 

No more than 20% of the gross floor area of the principal dwelling, including an integral garage, shall be devoted to the conduct of the home occupation.

D. 

Articles which are not produced on the premises shall not be sold on the premises, except that supplies used in providing a service may be sold to customers receiving the service, such as hair care products available at a beauty shop.

E. 

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

F. 

Exterior displays or signs other than those permitted in Article XIV, exterior storage of material and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.

G. 

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of § 175-139 of this chapter.

H. 

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

I. 

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

J. 

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

K. 

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

L. 

The use shall not cause a negative impact on property values in the immediate neighborhood.

M. 

The home occupation shall not involve the use of commercial vehicles in excess of 11,000 pounds GVW for regular delivery of materials to or from the premises and commercial vehicles in excess of 11,000 pounds GVW shall not be parked on the premises.

N. 

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

(1) 

Beauty shops or barbershops containing more than two chairs.

(2) 

Clinics, hospitals or nursing homes.

(3) 

Kennels, veterinary offices and clinics.

(4) 

Funeral homes.

(5) 

Private clubs.

(6) 

Private instruction to more than three students at a time.

(7) 

Restaurants or tearooms.

(8) 

Horse boarding or riding academies.

(9) 

Tourist or boarding homes.

(10) 

Vehicle or equipment rental, repair or sales.

(11) 

Vehicle repair garages, as defined by this chapter.

O. 

Day-care homes, as defined by this chapter, shall meet all of the foregoing requirements for a home occupation, as well as the following additional requirements:

(1) 

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

(2) 

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

(3) 

Off-street parking shall be provided in accordance with the requirements of Article XIII.

Horse boarding or riding academies, subject to:

A. 

Such use shall be accessory to a farm, as defined by this chapter, or, when proposed as a principal use, shall have a minimum site of 10 acres.

B. 

No building housing animals shall be closer than 200 feet to any property line.

C. 

All property lines adjoining a single-family dwelling on a lot which is less than two acres or any property which is zoned AG-A, AG-B or R-1 shall be screened by Buffer Yard D, as defined by § 175-140B of this chapter.

D. 

All training areas and bridal paths shall be adequately fenced to protect adjoining properties.

Junkyard, subject to:

A. 

The minimum site size shall be 10 acres.

B. 

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

C. 

No garbage, hazardous materials or hazardous waste as defined by federal statute, or other organic waste shall be stored on the premises.

D. 

The manner of storage of junk or other materials shall facilitate access for fire fighting, shall prevent hazards from fire or explosion and shall prevent accumulation of stagnant water.

E. 

Junkyards shall comply with the performance standards of § 175-139.

F. 

No junk shall be stored or accumulated and no structure shall be constructed within 100 feet of any dwelling unit or within 40 feet of any property line or public street.

G. 

The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with self-latching gate.

H. 

The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

I. 

All property lines adjoining residential use or AG-A, AG-B or R-1 zoning district classification shall be screened by Buffer Yard A, as defined by § 175-140B of this chapter.

J. 

The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to not be visible from the adjoining public streets.

K. 

The operator shall obtain a license from the Township prior to initiating operations which shall be renewable annually upon payment of a license fee established by resolution of the Township Supervisors and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.

Kennel or veterinary clinic, subject to:

A. 

In the AG-A and AG-B Districts, kennels and veterinary clinics shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of five acres. Veterinary clinics in the C-2 District shall have a minimum site area of one acre and shall not have outdoor kennels.

B. 

Outdoor kennels shall be located at least 200 feet from any property line adjoining residential use or AG-A, AG-B or R-1 zoning classification and at least 50 feet from any other property line.

C. 

Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with self-latching gate and shall be screened by Buffer Yard D as defined by § 175-140B of this chapter.

Lake, pond or water impoundment, subject to:

A. 

The minimum lot area required to establish any lake, pond or water impoundment, other than stormwater management facilities, shall be two acres.

B. 

All regulations of the PA Department of Environmental Resources and PA Department of Agriculture shall be met.

C. 

Lakes, ponds or water impoundments shall be located a minimum of 75 feet from all property lines.

D. 

Any lake, pond or water impoundment which is proposed to be used for recreation by the public shall be subject to the applicable express standards and criteria governing public recreation, noncommercial recreation or commercial recreation contained in § 175-104 or § 175-126 of this chapter.

Landfill or resource recovery facility, subject to:

A. 

The minimum site area shall be 100 acres for a landfill and 50 acres for a resource recovery facility.

B. 

The site shall have frontage on and direct vehicular access to an arterial or collector road, as defined by this chapter.

C. 

The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.

D. 

A tire-washing station shall be located on the site to service trucks exiting the facility.

E. 

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection by the Township Engineer and shall be reconstructed to current Township specifications for street construction.

F. 

Landfill or transfer station operations shall not be conducted within 200 feet of any property lines adjoining residential use or zoning district classification. Resource recovery facilities shall not be located within 500 feet of any property lines adjoining a residential use or AG-A, AG-B or R-1 zoning district classification.

G. 

All property lines adjoining residential use or AG-A, AG-B or R-1 zoning district classification shall be screened by Buffer Yard A as defined by § 175-140B of this chapter. The buffer yard shall be comprised of a combination of earthen mounding and the required plantings.

H. 

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

I. 

The applicant shall show compliance with applicable state and federal laws regulating landfills and resource recovery facilities.

J. 

The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Resources (PA DER) and/or the U.S. Environmental Protection Agency prior to initiating any operation.

K. 

The required state or federal permits shall be maintained throughout the duration of all operations.

L. 

Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and will result in the suspension or revocation of the certificate of occupancy or enforcement of the penalty provisions of this chapter, or both.

M. 

In January of each year, the operator shall apply to the Zoning Officer for renewal of the certificate of occupancy and shall present evidence of continuing compliance with all conditions of approval and required state or federal permits.

Mineral removal, subject to:

A. 

The minimum site required for mineral removal shall be 25 acres.

B. 

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

C. 

Mineral removal shall be prohibited in watersheds of rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a "Wilderness Trout Stream," by the Pennsylvania Department of Environmental Resources as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.

D. 

No mineral removal shall be conducted within 300 feet of any public building, school, place of worship, community or institutional building, commercial building, public park or private recreational area.

E. 

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

F. 

No mineral removal shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

G. 

No mineral removal shall be conducted within 100 feet of a cemetery.

H. 

No mineral removal shall be conducted within 300 feet of any occupied dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for zoning approval.

I. 

The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

(1) 

Lawful existing or permitted use of adjacent properties.

(2) 

The quality or adequacy of any public or private water supply source.

(3) 

Any flood-prone or landslide-prone areas within the Township.

J. 

The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures or shall not substantially diminish underground water resources.

K. 

If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

L. 

The applicant shall provide reclamation plans for the site which demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.

M. 

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county and Township roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local roads within the Township.

N. 

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed for removing minerals from the site. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations, any backfilling and any reconstruction of a damaged roadway due to excess weight in excess of the posted weight for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township Specifications for Street Construction.

O. 

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

P. 

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state or federal permits, including proof of insurability, before initiating any work, and of maintaining the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

Q. 

Approval, of the use shall expire if work authorized in the application for zoning approval is not commenced within 90 days of the date of approval of the application unless the applicant submits a written request for an extension to the Zoning Hearing Board prior to the expiration of the 90 days explaining the reason for the delay in initiating the work and the Board approves the request.

R. 

Once work is initiated under an approved application for a use by special exception, zoning approval shall be valid for a period of one year from the date of approval by the Zoning Hearing Board. An application for renewal of zoning approval must be submitted prior to the date of expiration of zoning approval and can be granted by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the use by special exception and, the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation. Upon expiration or revocation of zoning approval for the use by special exception, the applicant may reapply for approval of the use by special exception.

S. 

During the mineral removal operation, the Township Engineer may inspect the site at the request of the Township to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.

Mobile home park, subject to:

A. 

The minimum site area required for a mobile home park shall be 20 contiguous acres.

B. 

The minimum number of mobile home lots in a mobile home park shall be 20 lots.

C. 

The minimum lot area required for each mobile home lot shall be 20,000 square feet.

D. 

The site of a mobile home park shall be serviced by public water or PA-DER-approved private water system and public sewers or PA-DER-approved private sewage disposal system.

E. 

The site of a mobile home park shall have frontage on and direct vehicular access to an arterial or collector street.

F. 

A perimeter setback, as defined by this chapter, which is a minimum of 50 feet in depth shall be provided around the entire boundary of the mobile home park site. Buffer Yard A, as required by § 175-140B of this chapter shall be provided within the required perimeter setback area.

G. 

The mobile home park shall comply with all requirements of the Township Subdivision and Land Development Ordinance

Editor's Note: See Ch. 150, Subdivision and Land Development.
governing mobile home parks.

New and used vehicle sales and service, subject to:

A. 

The minimum site area shall be two acres.

B. 

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

C. 

The area used for display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of an equivalent or superior character, approved by the Township Engineer.

D. 

All lots used for the outdoor display of automobiles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.

E. 

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

F. 

No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

G. 

All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.

H. 

No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.

I. 

No strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any of the structures or poles or on merchandise displayed outdoors, except for such signs as may be otherwise allowed by Article XIV of this chapter.

J. 

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

K. 

Customer vehicles with external damage awaiting repairs shall be located either inside a building or in an outdoor area which is screened by a six-foot hedge or opaque fence.

L. 

Buffer Yard C as defined by § 175-140B of this chapter shall be provided along all property lines adjoining residential use or AG-A, AG-B or R-1 zoning classification.

Outdoor sales of mobile homes, recreational vehicles, heavy equipment and similar merchandise, subject to:

A. 

The minimum site area shall be two acres.

B. 

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

C. 

The area used for display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of an equivalent or superior character, approved by the Township Engineer.

D. 

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

E. 

No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof.

F. 

No strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any of the structures or poles or on merchandise displayed outdoors, except for such signs as may be otherwise allowed by Article XIV of this chapter.

G. 

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise,

H. 

All sales and service shall be conducted within a completely enclosed building.

I. 

Buffer Yard C as defined by § 175-140B of this chapter shall be provided along all property lines adjoining residential use or AG-A, AG-B or R-1 zoning classification.

Planned industrial park, subject to:

A. 

The minimum site area required shall be 10 acres.

B. 

Once the improvements are completed in an approved planned industrial park, lots within an approved and recorded planned industrial park may be sold and developed as independent entities for any authorized use in the district.

C. 

The site shall be designed so that properties adjacent to the planned industrial park shall not be adversely affected.

D. 

Only the uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the planned industrial park is located shall be permitted in the planned industrial park.

E. 

The planned industrial park shall be consistent with the purpose of this chapter and the zoning district in which it is located.

F. 

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized, where feasible, and cross easements dedicated for common access, where necessary.

G. 

The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

H. 

Buffer Yard A, as defined by § 175-140B of this chapter, shall be provided along all property lines adjoining residential use or AG-A, AG-B or R-1 zoning classification. Buffer yards shall not be required between uses within the site of a planned industrial park.

Planned shopping center, subject to:

A. 

The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

B. 

The minimum site area required shall be five acres.

C. 

Once the improvements are completed in an approved planned shopping center, lots within an approved and recorded planned shopping center may be sold and developed as independent entities for any authorized use in the district.

D. 

Only the uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the planned shopping center is located shall be permitted in the planned shopping center.

E. 

The entire perimeter of a planned shopping center site shall be screened by the buffer yards specified by § 175-140B of this chapter to provide the separation required between the adjoining uses. Buffer yards shall not be required between uses within the site of the planned shopping center.

F. 

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized, where feasible, and cross easements dedicated for common access, where necessary.

G. 

The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

Private use helipad, subject to:

A. 

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

B. 

Helipads accessory to any principal use in the AG-A or AG-B District are limited to use by the owner of the property. The minimum lot area required for a helipad accessory to any principal use in the AG-A or AG-B District shall be five acres.

C. 

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

D. 

Only one private use helipad shall be authorized for each industrial park, regardless of the number of businesses located in the industrial park.

E. 

Evidence of compliance with all applicable regulations of the Federal Aviation Administration and Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.

F. 

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

G. 

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

H. 

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

I. 

Lighting shall be shielded away from adjacent properties.

Noncommercial recreation, subject to:

A. 

A minimum site of one acre shall be required.

B. 

Parking shall be provided in accordance with Article XIII.

C. 

Screening by Buffer Yard C, as defined by § 175-140B of this chapter, shall be provided along all property lines adjoining residential use or AG-A, AG-B or R-1 Zoning District classification.

D. 

All lighting shall be shielded from adjacent streets and properties.

E. 

The use shall comply with the performance standards of § 175-139.

F. 

Any facility located within 200 feet of a property line adjoining a residential use or AG-A, AG-B or R-1 zoning classification shall cease operations at 12:00 midnight.

Public utility buildings, subject to:

A. 

If a building or outdoor storage area is proposed, the minimum site area shall be two acres. If distribution equipment is the only type of structure proposed, no minimum site size shall be required, provided the required right-of-way or a parcel of the minimum size necessary to efficiently install and maintain the equipment is provided and adequate easements for vehicular access are provided.

B. 

Uses involving distribution equipment, other than towers, which is not enclosed by a building shall be secured by a fence which is at least six feet in height with self-latching gate. The fence shall be supplemented with screening material which is at least 80% opaque or the fence shall be screened by a six-foot compact hedge.

C. 

Uses involving towers or other distribution structures which exceed the height limitations of the zoning district in which they are located shall be designed so that in the event of collapse, the structure shall not fall on any adjacent property.

D. 

Evidence regarding design, structural integrity and maximum wind loads shall be submitted with any application which proposes one or more towers.

E. 

The storage of movable equipment or material outside an enclosed building shall be permitted only if the storage area is located a minimum of 50 feet from any property line adjoining residential use or AG-A, AG-B or R-1 zoning classification and is screened from view from the public street and any adjacent residential property by a six-foot hedge.

F. 

If a building is proposed for human occupancy, parking shall be provided in accordance with the requirements of § 175-156B of this chapter for offices or warehouses, whichever is applicable.

G. 

If a building is proposed for equipment maintenance and/or storage or for the delivery of materials, off-street loading facilities shall be provided in accordance with the requirements of Article XIII of this chapter.

H. 

Buffer Yard C as defined by § 175-140B of this chapter shall be provided along all property lines adjoining residential use or AG-A, AG-B or R-1 zoning classification.

Supply yards, subject to:

A. 

The minimum site required shall be two acres.

B. 

Outdoor display and equipment storage areas shall be secured by a fence that is a minimum of eight feet in height and shall be screened from any adjoining residential property by a six-foot compact hedge.

C. 

All outdoor display areas and equipment storage areas shall be located a minimum of 25 feet from any property line adjoining residential use or AG-A, AG-B or R-1 zoning classification.

D. 

Contractors' supply yards may also include an office for the conduct of the business. Builders' or other supply yards involving retail or wholesale sales shall include a completely enclosed building for the conduct of the business.

E. 

Adequate paved access and maneuvering facilities for loading and unloading trucks shall be provided so that trucks shall not back onto or stand on the public right-of-way and dirt, debris or excess materials shall not be deposited on any public right-of-way.

F. 

Any facility located on a lot where any lot line is located within 200 feet of an existing dwelling shall cease operations between dusk and dawn, prevailing time.

G. 

Buffer Yard A as defined by § 175-140B of this chapter shall be provided along all property lines adjoining residential use or AG-A, AG-B or R-1 zoning classification.

Temporary uses or structures, other than construction trailers or temporary mobile homes, subject to:

A. 

Approval. Temporary uses may be permitted by the Board of Supervisors on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of any undue adverse impact on surrounding properties in the District. No temporary use shall be operated without all of the required county and state approvals and permits.

B. 

Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the site and not impede the free flow of traffic for any other permanent use or structure on the site.

C. 

Before approving any temporary use, the Board of Supervisors shall make an assessment of the total number of off-street parking spaces which shall be reasonably required for the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such reasonably requested off-street parking is provided.

D. 

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all applicable area and bulk regulations for the zoning district in which they are located. All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

E. 

No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Board of Supervisors on the basis of the nature of the temporary use and the surrounding existing uses on adjoining and adjacent properties.

F. 

Temporary uses or structures shall be removed within 48 hours after the completion of the event.

G. 

Temporary uses or structure which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the site.

H. 

Specific uses. (Reserved)

Vehicle repair garage or heavy equipment repair, subject to:

A. 

Buffer Yard B, as defined by § 175-140B of this chapter, shall be provided along all property lines adjoining residential use or AG-A, AG-B or R-1 zoning classification.

B. 

There shall be no storage of parts or dismantled vehicles outside an enclosed building.

C. 

All repair work shall be performed within an enclosed building which has adequate ventilation and fire protection provisions.

D. 

All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.

E. 

Vehicles or equipment awaiting repair shall be kept in an enclosed building or in an outdoor area which is screened by a six-foot hedge or opaque fence.

F. 

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

Wholesale sales in conjunction with retail business, subject to:

A. 

Any site which involves wholesale distribution shall have direct access to an arterial or collector street, as defined by this chapter.

B. 

All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot hedge or opaque fence.

C. 

No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.

D. 

All shipping and receiving facilities adjoining residential use or AG-A, AG-B or R-1 zoning classification shall be screened by Buffer Yard B, as defined by § 175-140B of this chapter.

E. 

Wholesale sales shall not exceed 25% of the gross sales of the retail business.

F. 

The gross floor area devoted to wholesale warehousing shall not exceed the gross floor area devoted to the retail business.

A. 

The minimum site area required shall be as follows:

(1) 

Single tower not exceeding 200 feet in height: one acre.

(2) 

Single tower exceeding 200 feet in height: two acres.

(3) 

Tower site proposed initially or cumulatively for two or more towers: five acres.

B. 

Any existing or proposed tower site shall not be located within 2,000 feet off any other existing or proposed tower site, measured from nearest property line to nearest property line.

C. 

Shared use of towers and tower sites shall be encouraged. If shared use of an existing or approved tower or an existing or approved tower site is not proposed, the applicant shall demonstrate that the proposed equipment cannot be accommodated on an existing or approved tower or an existing or approved tower site for the following reasons:

(1) 

The proposed equipment would exceed the structural capacity of the existing or approved towers, and reinforcement of the existing or approved towers cannot be accomplished at a reasonable cost.

(2) 

The proposed equipment will cause RF (radio frequency) interference with other existing or proposed equipment for that tower or that existing or approved tower site, and the interference cannot be prevented at a reasonable cost.

(3) 

Existing or approved towers or the existing or approved tower site do not have adequate space to accommodate the proposed equipment.

(4) 

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

(5) 

There are other valid reasons that make it impractical to place the proposed equipment on any existing or proposed tower or any existing or approved tower site.

D. 

Shared use shall be conditioned upon the applicant's agreement to pay a reasonable fee and the cost of adapting existing facilities to the proposed use reasonably required to accommodate the shared use.

E. 

Communications facilities and their associated structures may exceed the height limitations of the district, provided they shall be set back from any property line or public street right-of-way a minimum distance of 50% of the tower height or greater, if necessary, to guarantee that in the event of collapse, the structure shall not fall on any adjacent property and all ice-fall or debris from tower failure shall be contained on the tower site.

F. 

No communications facility shall be located within 500 feet of any property line located in any AG-A or R Zoning District.

G. 

Unless the essential communications facility is located on a building, the tower structure shall be completely enclosed by a six-foot high chain link or similar fence with self-latching gate to limit accessibility to the general public, unless the entire property is secured by such a fence.

H. 

All guy wires and all guyed towers shall be clearly marked so as to be visible at all times. All guy wires shall be located a minimum of 25 feet from any property line.

I. 

The applicant shall submit evidence that the tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.

J. 

The tower shall be subject to any applicable Federal Aviation Administration (FAA) and airport zoning regulations.

K. 

No sign or other structure shall be mounted on the tower, except as may be required or approved by the FCC, FAA or other governmental agency.

L. 

All lighting shall be shielded and reflected away from adjoining properties.

M. 

A minimum of two off-street parking spaces shall be provided on the tower site, plus one off-street parking space for each on-site personnel.

N. 

Existing vegetation on the site shall be preserved to the maximum extent possible.

O. 

A minimum twenty-foot easement or right-of-way for access shall be provided to the tower which is adequate to accommodate maintenance and emergency vehicles and which is improved with a dust-free, all-weather surface sufficient to accommodate the weight of vehicles proposed to use the easement or right-of-way subject to approval by the Township Supervisors. The right-of-way or easement shall be maintained by the landowner or lessee.

A. 

Off-street parking shall be provided for each of the uses in accordance with the requirements of Article XIII of this chapter.

B. 

Off-street parking for offices shall be located within 300 feet of the entrance to the offices.

C. 

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

D. 

Any site which involves wholesale distribution shall have access to an arterial or collector street, as defined by this chapter.

E. 

No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.

F. 

All property lines adjoining residential use or zoning classification shall be screened by Buffer Yard B, as defined by § 175-140B of this chapter.

A. 

All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 11:00 p.m. and shall be screened by Buffer Yard B.

B. 

Grass, sod or turf shall not be considered an acceptable plant for use within landscaped buffer yards.

C. 

All off-street parking shall be located on the lot.

D. 

All lots used for recreation facilities shall have a minimum of two points of ingress and egress.

E. 

All dumpsters, not incorporated into the principal building, shall be located in the rear yard setback and shall be screened with masonry or vegetation. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.

A. 

The hours of operation and activities for a restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance or interruption.

B. 

All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in this chapter.

C. 

As part of all land development, the developer shall provide a plan for photometrics of the lot. To minimize undesirable impacts on adjacent lots, illumination, when measured at a lot line, shall be a maximum of one footcandle.

D. 

All dumpsters shall be located in the rear setback yard and shall be screened. All screens shall have a height of eight feet high and shall have a minimum opacity of 80%.

E. 

Mechanical equipment location(s) are subject to Township approval and shall be designed and screened so that visibility from an adjacent Residential Zoning District is minimized to the greatest extent possible.

A. 

All vehicle sales shall be located adjacent to an arterial or collector street as defined by this chapter.

B. 

All vehicle sales shall have a maximum lot area of one acre.

C. 

Vehicle inventory shall be aligned and displayed in an orderly fashion so that circulation for firesafety can be maintained at all times.

D. 

All outdoor display areas adjacent to a residence shall have the luminosity of exterior lighting reduced by 50% after 11:00 p.m.

(Reserved)