[Amended 7-29-2015 by Ord. No. 128]
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.
(2)
Planning Commission review and comment or approval. The Planning
Commission shall review the application for development and make a
written recommendation to the Supervisors. If the proposed development
is also a land development, the Planning Commission shall also make
a recommendation under the provisions of the Subdivision and Land
Development Ordinance.[1]
(3)
Public hearing. The Township Supervisors shall hold a public hearing,
in accordance with Section 913.2 of the MPC, 53 P.S. § 10913.2,
and provide public notice. The public hearing shall be commenced by
the Supervisors within 60 days from the date of an applicant's request
for a hearing.
(4)
Conditions. In considering any conditional use, the Supervisors may
prescribe reasonable conditions and safeguards, in addition to those
expressed in this chapter, as the Supervisors deem necessary to implement
the purposes of the MPC in this chapter. A violation of such conditions
and safeguards, when made a part of the terms under which the conditional
use is granted, shall be deemed a violation of this chapter.
(5)
Written decision. The Supervisors shall render a written decision
or, when no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Supervisors.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefor. Conclusions based on any provision of this
chapter or of any ordinance, rule, or regulation shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found. A copy of the final decision
or, where no decision is called for, of the findings shall be delivered
to the applicant personally or mailed to him no later than the day
following its date.
(6)
Action. If the Supervisors determine that the application for conditional
use meets all requirements of this chapter and receive assurances
that any additional conditions deemed necessary shall be fulfilled
and that the application is in conformity with the spirit and intent
of this chapter, they shall direct the Zoning Officer to issue a zoning
approval for such conditional use.
(7)
Expiration. Conditional use approval shall expire automatically without
written notice to the applicant if no application for subdivision
and land development, zoning approval for structural alteration or
erection of structures, zoning approval for occupancy and use or a
grading or building permit to undertake the work described in the
conditional use approval has been submitted within 12 months of said
approval, unless the Supervisors, in their sole discretion, extend
the conditional use approval upon written request of the applicant
received prior to its expiration. The maximum extension permitted
shall be one twelve-month extension. The Supervisors may grant an
extension for good cause shown by the applicant and provided that
the extension will not be contrary to the purposes of this chapter
or detrimental to the surrounding neighborhood.
(8)
Effect on prior approvals. Conditional use approval, granted prior
to the effective date of this subsection, shall expire automatically
without written notice to the developer if no application for subdivision
and land development, zoning approval for structural alteration or
erection of structures, zoning approval for occupancy and use, or
a grading or building permit to undertake the work described in the
conditional use approval has been submitted within 12 months of the
effective date of this subsection or as specified in the approval,
unless the Supervisors, in their sole discretion, expend the conditional
use approval upon written request of the applicant received prior
to its expiration. The maximum extension permitted shall be one twelve-month
extension.
(9)
Modifications.
(a)
The Supervisors shall consider whether proposed modifications
in any of the requirements of this chapter for each zoning district
contained in an application for development for a conditional use
will make for a more efficient, attractive, and harmonious conditional
use. If such modifications, in the judgment of the Supervisors, constitute
a more beneficial use of the site than provided for under the requirements
of the zoning district in which the site of the conditional use is
located, the Supervisors in their sole discretion may grant the modifications
for less strict requirements; however, no modification shall be granted
for the following:
[1]
Authorized uses shall be limited to those specified as authorized
uses or conditional uses in the zoning district in which the site
is located.
[2]
No modification shall be granted for any construction, development,
use or activity within any floodway area.
[3]
Under no circumstances shall a modification be granted to the
prohibitions of uses or activities in floodplain areas.
(b)
Whenever a modification is granted to construct a structure
below the 100-year flood elevation, the Township shall notify the
developer in writing that:
B.
All provisions of Subdivision and Land Development Ordinance which
are not specifically modified by the Supervisors in approving a conditional
use shall apply to any conditional use involving subdivision and land
development.
C.
Requests in writing. All requests for modifications or waivers shall
be in writing and shall accompany and be part of the application for
development. The requests shall state in full the grounds and facts
of hardship or evidence of equal or better result on which the request
is based, the provision or provisions of the chapter involved and
the minimum modification necessary.
D.
Burden of proof. In any application for conditional use, the applicant
shall have the persuasion burden and presentation duty to show compliance
with this Code, and the applicant shall have the persuasion burden
to show the applicant's request is not detrimental to the health,
safety, and welfare.
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.
(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.
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.
[Added 12-20-2023 by Ord. No. 138]
A.
Accessory dwelling units shall be permitted as an accessory structure
to a primary residence and shall meet all applicable setback and area
and bulk requirements of the zoning district in which they are located.
B.
One accessory dwelling unit is permitted per lot.
C.
Accessory dwelling units shall have a gross floor area of at least
400 square feet.
D.
Maximum total gross floor area permitted for an accessory dwelling
unit shall not exceed 1,200 square feet, or 50% of the total square
footage of the primary dwelling unit, whichever is less.
E.
When applicable, accessory dwelling units shall meet Pennsylvania
Department of Environmental Protection (DEP) requirements for on-lot
sewage facilities.
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, R-AG or R-1.
[Amended 7-29-2015 by Ord. No. 128]
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, R-AG or R-1.
[Amended 7-29-2015 by Ord. No. 128]
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.
[Added 12-20-2023 by Ord. No. 138]
A.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
B.
Agritourism operations shall be conducted in accordance with all
applicable federal, state, county, and Township laws and regulations
governing the production of crops and related operations.
C.
Agritourism operations shall be conducted in compliance with all
relevant building, fire, and Department of Environmental Protection
sanitary sewer regulations.
D.
The provision and sale of food shall comply with Pennsylvania Department
of Agriculture, Bureau of Food Safety regulations.
E.
The provision and sale of alcohol shall comply with Pennsylvania
Liquor Control Board permitting requirements.
F.
The minimum lot size required is five (5) acres.
G.
The site shall have direct vehicular access from an arterial or collector
street.
H.
The site shall have a minimum of two access points.
I.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
J.
No outdoor loading or service areas, including dumpsters, shall be
located within the side or rear yard setback areas.
K.
Applicants must clearly demonstrate that the use will not adversely
impact the surrounding neighborhood, particularly with regard to traffic
circulation, parking, and character.
(1)
The development of an event circulation plan must be included
as evidence of this. This plan shall include:
(a)
Consideration for the safe and efficient movement of people
and vehicles at times of maximum operation. This should include consideration
of impacts to traffic flow on adjacent roadways and, if applicable,
the need for any additional staffing or assistance from local police
to help ensure the safe and efficient movement of people and vehicles
to and on the property. Payment for any additional services provided
by the local police or other service providers is the responsibility
of the property owner.
(b)
Consideration of parking needs at times of maximum operation,
which may demand vehicle parking in excess of the paved spaces required
by this chapter.
(2)
All traffic, parking, and maintenance operations and equipment
must be maintained within the property boundaries.
(3)
If applicable, all livestock must be contained within the property
boundaries.
L.
A traffic impact study, in accordance with Institute of Transportation
Engineers (ITE) standards, may be required to be submitted where the
proposed development could generate 100 trips in addition to the adjacent
roadways' peak-hour volumes or the traffic movements produced
by the development could have the potential to create adverse conditions
on the public road ROW. A description of future level of service (LOS)
and compliance with standards for traffic capacity of streets, intersections
and driveways shall be provided. New streets shall be designed for
adequate traffic capacity. All reference to LOS shall be defined by
the Highway Capacity Manual, published by Transportation Research
Board. These standards may be waived by the Township if sufficient
evidence is provided that the criteria cannot be met with reasonable
mitigation.
M.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
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 are permitted as an authorized use only in i) the C-2 Community-Scale Commercial District [conditional use; see § 175-45B(1)(b), but not in the Route 228 Corridor Overlay District; see Ordinance No. 130, Section 1, Code §§ 175-252 and 175-258]; ii) the I-1 Restricted Industrial District [conditional use; see § 175-55B(1)(a)]; and iii) the C-3 Regional Commerce District [use by special exception; see § 175-221B(1)] Zoning Districts, and not in any other zoning district.
(1)
Billboards may not be placed within seven hundred fifty (750) feet
of the property line of any lot containing any residential structure,
school, or place of worship. Required spacing shall be measured from
the closest point of the billboard structure to the closest point
of the property line of any lot containing a residential structure,
school, or place of worship.
[Amended 4-20-2022 by Ord. No. 136]
(2)
The minimum front, side and rear yard requirements applying to a
principal use as set forth the zoning district in which the billboard
is to be located shall apply to each billboard structure.
(3)
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.
(4)
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 nonresidential structure or to limit or reduce the
light and ventilation requirements as defined by this chapter.
(5)
No billboard shall be constructed that obstructs visibility within
the clear sight triangle to a height of twenty-five (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.
[Amended 4-20-2022 by Ord. No. 136]
(6)
Billboards shall maintain a lateral minimum spacing of seven hundred
fifty (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.
[Amended 4-20-2022 by Ord. No. 136]
(7)
Billboards may not be mounted on the roof or project above the parapet
of a building wall.
(8)
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 other restrictions and/or
conditions of use.
(9)
Billboards shall not be part of a roof or wall, nor shall they be
mounted on the roof, wall, or other part of a building or any other
structure.
(10)
A billboard with display lighting (i.e., indirect lighting to
illuminate the sign face) shall be constructed and maintained so that
the lighting does not glare upon adjoining property and does not extend
beyond the surface of the billboard, and shall not exceed a maximum
of one footcandle upon an adjoining lot or street.
[Amended 4-20-2022 by Ord. No. 136]
(11)
Display lighting shall not operate between 12:00 midnight and
5:00 a.m., prevailing local time.
(12)
The use of colored lighting for display lighting is not permitted.
(13)
No billboard structure, sign face, or display lighting shall
depict image movement, flash, or emit noise.
(14)
No billboard structure, sign face, or display lighting shall
cause distractions, confusion, nuisance, or hazard to traffic, aircraft
or other properties.
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 made of metal which are galvanized or otherwise treated to
prevent rust and corrosion.
(3)
The vertical support(s) shall be capable of enabling the entire sign
face(s) to be able to withstand a minimum 75 miles per hour wind load,
or the minimum load requirement established by applicable building
code, whichever is greater.
(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 ground covers.
(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.
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.
[Added 12-20-2023 by Ord. No. 138]
A.
Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m.
prevailing time, and the establishment may not be open to the public
during those hours.
B.
Brewery and distillery operations shall be conducted in accordance
with all applicable federal, state, county, and Township laws and
regulations governing the production of crops and related operations.
C.
The provision and sale of alcohol shall comply with Pennsylvania
Liquor Control Board permitting requirements.
D.
The use shall not be located closer than 600 feet to another similar
use.
E.
Operations shall be regulated so that nuisances such as excessive
noise levels shall not be created. The Township may attach such reasonable
conditions as it deems necessary to ensure the operation complies
with this requirement.
F.
Indoor and outdoor display areas associated with retail activity
shall not exceed a total of 3,000 square feet in gross floor area.
Display areas within parking lots and outdoor storage areas shall
be included within the calculated gross floor area.
G.
The minimum number of required parking spaces shall not be utilized
for display areas and/or outdoor storage areas.
H.
To promote adequate vehicular safety and circulation, an entrance
drive surfaced with bituminous brick, concrete, or stabilized aggregate
shall be constructed between the nearest public road ROW and the retail
area. The entrance drive shall be a minimum of twenty (20) feet wide.
Loading and equipment storage areas shall, at a minimum, be paved
with crushed limestone aggregate.
I.
No more than one (1) business identification sign associated with
advertising the distillery shall be permitted. The identification
sign shall be a ground or wall sign and shall have a maximum graphic
area of thirty-two (32) square feet.
J.
The minimum distance between buildings shall be thirty (30) feet.
K.
No storage or transfer of toxic, corrosive, flammable, carcinogenic,
or explosive materials, chemicals, liquids, gases, or solids shall
be permitted on the lot(s), with the exception of gasoline, diesel
fuel, and oil for the operation and maintenance of motorized vehicles
and equipment.
L.
A traffic impact study, in accordance with Institute of Transportation
Engineers (ITE) standards, may be required to be submitted where the
proposed development could generate 100 trips in addition to the adjacent
roadways' peak-hour volumes or the traffic movements produced
by the development could have the potential to create adverse conditions
on the public road ROW. A description of future level of service (LOS)
and compliance with standards for traffic capacity of streets, intersections
and driveways shall be provided. New streets shall be designed for
adequate traffic capacity. All reference to LOS shall be defined by
the Highway Capacity Manual, published by Transportation Research
Board. These standards may be waived by the Township if sufficient
evidence is provided that the criteria cannot be met with reasonable
mitigation.
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.
[Added 12-20-2023 by Ord. No. 138]
A.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
B.
Catering/event venue operations shall be conducted in accordance
with all applicable federal, state, county, and Township laws and
regulations governing the production of crops and related operations.
C.
Catering/event venue operations shall be conducted in compliance
with all relevant building, fire, and Department of Environmental
Protection sanitary sewer regulations.
D.
The provision and sale of alcohol shall comply with Pennsylvania
Liquor Control Board permitting requirements.
E.
The site shall have direct vehicular access from an arterial or collector
street.
F.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
G.
No outdoor loading or service areas, including dumpsters, shall be
located within the side or rear yard setback areas.
H.
Applicants must clearly demonstrate that the use will not adversely
impact the surrounding neighborhood, particularly with regard to traffic
circulation, parking, and character.
(1)
The development of an event circulation plan must be included
as evidence of this. This plan shall include:
(a)
Consideration for the safe and efficient movement of people
and vehicles at times of maximum operation. This should include consideration
of impacts to traffic flow on adjacent roadways and, if applicable,
the need for any additional staffing or assistance from local police
to help ensure the safe and efficient movement of people and vehicles
to and on the property. Payment for any additional services provided
by the local police or other service providers are the responsibility
of the property owner.
(b)
Consideration of parking needs at times of maximum operation,
which may demand vehicle parking in excess of the paved spaces required
by this chapter.
(2)
All traffic, parking, and maintenance operations and equipment
must be maintained within the property boundaries.
I.
A traffic impact study, in accordance with Institute of Transportation
Engineers (ITE) standards, may be required to be submitted where the
proposed development could generate 100 trips in addition to the adjacent
roadways' peak-hour volumes or the traffic movements produced
by the development could have the potential to create adverse conditions
on the public road ROW. A description of future level of service (LOS)
and compliance with standards for traffic capacity of streets, intersections
and driveways shall be provided. New streets shall be designed for
adequate traffic capacity. All reference to LOS shall be defined by
the Highway Capacity Manual, published by Transportation Research
Board. These standards may be waived by the Township if sufficient
evidence is provided that the criteria cannot be met with reasonable
mitigation.
J.
Lighting shall be oriented away from adjacent properties and shall
not exceed one (1) footcandle of illumination when measured from an
adjacent lot line. Lighting levels visible from an adjacent lot line
of a residential use or residential zoning district shall be reduced
to at least half of the maximum permitted footcandles between 11:00
p.m. and 6:00 a.m., prevailing time. As part of its decision, the
Board of Supervisors may further regulate outdoor lighting for the
facility in order to prevent adverse impacts on adjoining properties.
K.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
L.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
M.
Catering/event venues as an accessory use:
(1)
Shall have a minimum lot size requirement of five (5) acres.
(2)
May be accessory to a primary residential, agricultural, agritourism,
winery, brewery, distillery, or recreational use, or other appropriate
primary use as determined by the Township.
(3)
Must comply with all conditional use requirements for catering/event
venues and all other requirements for the district in which the use
is located.
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.
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.
[Amended 12-20-2023 by Ord. No. 138]
Nonmunicipal 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
adjoining residential use or AG-A, AG-B, R-AG, or R-1 zoning classification
shall cease operations no later than 10:00 p.m.
J.
Any use which proposes any drive-in facilities, including drive-in theaters, shall be further subject to § 175-108.
L.
Screening by Buffer Yard C, as defined by § 175-140B of this chapter, shall be provided along all property lines adjoining a residential use or AG-A, AG-B, R-AG, or R-1 Zoning District classification.
M.
All lighting shall be shielded from adjacent streets and properties.
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:
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, R-AG and R-1 Districts, day-care
centers shall only be authorized to be established in an existing
place of worship or school building.
[Amended 7-29-2015 by Ord. No. 128]
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.
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.
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, R-AG or R-1 Zoning District
and at least 50 feet from all other property lines.
[Amended 7-29-2015 by Ord. No. 128]
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 and R-AG Districts, the minimum site required
for a personal care boarding home shall be based on the number of
residents to be housed, as follows:
[Amended 7-29-2015 by Ord. No. 128]
|
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:
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, R-AG, or R-1 shall be screened by Buffer Yard D, as defined by § 175-140B of this chapter.
[Amended 7-29-2015 by Ord. No. 128]
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.
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, R-AG or R-1 zoning district classification shall be screened by Buffer Yard A, as defined by § 175-140B of this chapter.
[Amended 7-29-2015 by Ord. No. 128]
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, AG-B and R-AG 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.
[Amended 7-29-2015 by Ord. No. 128]
B.
Outdoor kennels shall be located at least 200 feet
from any property line adjoining residential use or AG-A, AG-B, R-AG
or R-1 zoning classification and at least 50 feet from any other property
line.
[Amended 7-29-2015 by Ord. No. 128]
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.
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, R-AG, or R-1 zoning district classification.
[Amended 7-29-2015 by Ord. No. 128]
G.
All property lines adjoining residential use or AG-A, AG-B, R-AG, 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.
[Amended 7-29-2015 by Ord. No. 128]
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.
[Added 7-29-2015 by Ord.
No. 128]
A.
The landscape plan shall show the screening of loading and service
areas and all planting areas and entrance treatments.
B.
Ingress and egress provisions shall be adequate in the judgement
of the Township Supervisors to minimize congestion on adjacent highways
and local streets during peak periods.
C.
Sidewalks shall extend from the main entry point and link to the
public sidewalk.
D.
Building elevation drawings shall be required for all large land
developments.
E.
The entire commercial component shall have a common architectural
character and be an integrated design.
F.
Access from adjacent streets shall be carefully designed to minimize
congestion and confusion.
G.
Areas not paved or occupied by structures shall be landscaped and
maintained, and the edges of paved areas abutting landscaped areas
shall be curbed.
H.
The Township Supervisors may impose restrictions upon access to the
facility, storage of vehicles or materials on the premises, hours
of operation and such other matters as they deem necessary to ensure
that there is no adverse impact upon the functioning of the development
or adjacent parcels.
[Added 12-20-2023 by Ord. No. 138]
A.
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m.
prevailing time, and the establishment may not be open to the public
during those hours.
B.
Microbrewery, microdistillery, tavern, and bar operations shall be
conducted in accordance with all applicable federal, state, county,
and Township laws and regulations governing the production of crops
and related operations.
C.
The provision and sale of alcohol shall comply with Pennsylvania
Liquor Control Board permitting requirements.
D.
A microbrewery, microdistillery, tavern, or bar shall not be located
closer than 600 feet to another similar existing use.
E.
In microbreweries and microdistilleries, retail sales shall be allowed.
Indoor and outdoor display areas associated with retail activity shall
not exceed 25% of the gross floor area. Display areas within parking
lots and outdoor storage areas shall be included in the calculated
area.
F.
Indoor and outdoor display areas associated with retail activity
shall not exceed a total of 3,000 square feet in gross floor area.
Display areas within parking lots and outdoor storage areas shall
be included within the calculated gross floor area.
G.
If applicable, outdoor dining space shall not exceed 25% of the gross
floor area.
H.
Operations shall be regulated so that nuisances such as excessive
noise levels shall not be created. The Township may attach such reasonable
conditions as it deems necessary to ensure the operation complies
with this requirement.
(1)
Outdoor music, including recordings, broadcasts, and live performances,
shall be prohibited between the hours of 10:00 p.m. and 10:00 a.m.
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:
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.
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.
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.
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, R-AG, or R-1 zoning classification. Buffer yards shall not be required between uses within the site of a planned industrial park.
[Amended 7-29-2015 by Ord. No. 128]
Planned shopping center, subject to:
A.
The site shall have frontage on, and direct or indirect
vehicular access to, an arterial or collector street as defined by
this chapter.
[Amended 8-21-2019 by Ord. No. 134]
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,
AG-B, or R-AG Districts 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, AG-B, or R-AG Districts shall be five acres.
[Amended 7-29-2015 by Ord. No. 128]
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.
[1]
Editor's Note: Former § 175-126, Noncommercial recreation,
as amended, was repealed 12-20-2023 by Ord. No. 138.
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, R-AG, or R-1 zoning classification and is screened
from view from the public street and any adjacent residential property
by a six-foot hedge.
[Amended 7-29-2015 by Ord. No. 128]
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.
[Added 12-20-2023 by Ord. No. 138]
A.
Short-term rental units will be allowed in single-family homes, townhouses,
condos, mobile homes, apartments, and accessory dwelling units as
a use by special exception in specified districts, with limitations.
B.
Short-term rental units shall not adversely affect the character
of a neighborhood, nor shall the use generate noise, vibration, glare,
odors, or other effects that unreasonably interfere with any person's
enjoyment of his or her residence.
C.
The short-term rental use shall not cause an increase in the use
of water, sewer, garbage, public safety, or any other municipal services
beyond that which is considered normal for the subject property.
(1)
When applicable, short-term rentals shall meet Pennsylvania
Department of Environmental Protection (DEP) requirements for on-lot
sewage facilities.
D.
Short-term rental units on lots that do not have access to municipal
sewer will provide sufficient sewage facilities to accommodate renters
in addition to permanent residents.
E.
Adequate parking shall be provided on the lot, including parking
for the renters, one off-street space for every two rental occupants.
F.
All short-term rentals shall have a clearly visible and legible notice
posted within the dwelling unit on or adjacent to the front door containing
the following information:
(1)
The name of the owner of the unit, and a telephone number at
which the owner and the person in charge can be reached on a twenty-four-hour
basis.
(2)
The 911 address of the property.
(3)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(4)
The maximum number of all vehicles allowed to be on the property
and the requirement that all guest parking must be parked in the available
parking spaces on the property and not in or along any private, community
or public street, or in any public right-of-way. Parking vehicles
on any lawn or vegetated area on the property shall be prohibited,
except in agricultural zoning districts, including AG-A Rural Residential
District, AG-B Agriculture District, and R-AG Residential Agriculture
District.
(5)
The trash pickup day and notification that trash and refuse
shall not be left or stored on the exterior of the property.
(6)
Notification that an occupant or guest may be cited and fined
for creating a disturbance or for violating other provisions of the
Middlesex Township Code, including parking and occupancy limits.
(7)
Notification that short-term rental occupants and guests are
required to make the dwelling unit available for inspection by the
Zoning Officer upon request.
G.
All short-term rentals shall be compliant with the Building Code
currently in effect at the Township and any other occupancy requirements
which may be added by ordinance revision by the Board of Supervisors.
H.
Short-term rental operators must:
(1)
Apply for a certificate of zoning occupancy prior to the initial
short-term rental use and occupancy.
(2)
Obtain a one-time short-term rental permit from the Township,
which the operator will be responsible for keeping a copy of on-site
and should be able to produce it to prove permission to operate a
short-term rental.
(3)
The owner shall be responsible to assure that the occupants
or guests of the short-term rental do not create unreasonable noise
or disturbances, engage in disorderly conduct, or otherwise violate
provisions of the Middlesex Township Code or any state law pertaining
to noise or disorderly conduct, including, but not limited to, notifying
the occupants of the rules regarding short-term rentals and responding
when notified that occupants are violating laws, ordinances or regulations
regarding their occupancy.
I.
The owner shall, upon notification that occupants or guests of the
short-term rental have created unreasonable noise or disturbances,
engaged in disorderly conduct or otherwise violated provisions of
the Middlesex Township Code or state law pertaining to noise or disorderly
conduct, promptly take action to prevent a recurrence of such conduct
by those occupants or guests. Compliance with the requirements of
this section shall be considered conditions of a short-term rental
permit, the violation of which may result in a revocation of that
permit by the Zoning Officer.
[Added 12-20-2023 by Ord. No. 138]
A.
The minimum lot size required is fifty (50) contiguous acres.
B.
All solar collectors shall be placed with a minimum setback of 150
feet from the property lines.
C.
All solar energy facilities shall have a fifty (50) foot landscaped
buffer.
D.
The layout, design, and installation of large solar energy production
facilities shall conform to applicable industry standards, including
those of the ANSI, Underwriters' Laboratories, the American Standards
Technical Manual, or other similar certifying organizations, and shall
comply with the UCC,[1] Act 45 of 1999, as amended,[2] and with all other applicable fire and life safety requirements.
The manufacturer specifications shall be submitted as part of the
application.
E.
All on-site utility and transmission lines extending to and from
the large solar energy production facility shall be placed underground.
F.
All large solar energy production facilities shall be designed and
located in order to prevent reflective glare toward any inhabited
buildings on adjacent properties as well as the adjacent street ROW.
G.
Large solar energy production facilities mounted on the roof of any
building shall be subject to the maximum height regulations specified
within each zoning district.
H.
The owner shall provide evidence in the form of stamped plans certified
by a professional engineer that the roof is structurally sound.
I.
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fences.
J.
Noise from any solar energy facility shall not exceed forty-five
(45) decibels (dBa) at the lot line dividing the site developed and
all adjoining properties during operation.
(1)
If a person or persons shall have a complaint about the noise
level of a certain large solar energy production facility, they must
provide the Township with dBa test results along with the calibration
certificate of the instrument used to test the dBa levels. A sound
level meter, dosimeter or other similar device may be used for measuring
and reporting acoustic emissions from a solar energy facility.
K.
Vacation, abandonment, and/or decommissioning of solar facilities.
(1)
The solar energy production facility owner is required to notify
the Township immediately upon cessation or abandonment of the operation.
(2)
Discontinuation/abandonment is presumed when a solar system
has been disconnected from the net metering grid for a period of six
(6) continuous months or has not produced electricity for a period
of six (6) months. The burden of proof in the presumption of discontinuation/abandonment
shall be upon the Township.
(3)
The solar facilities and all related equipment must be removed
within twelve (12) months of the date of discontinuation or abandonment
or upon the determination of the useful life of the solar system.
(4)
For ground-mounted and building-mounted systems, removal includes
removal of all structural and electrical parts of the ground- or building-mounted
system and any associated facilities or equipment and removal of all
net metering equipment.
(5)
The owner or operator of the solar facility, upon issuance of
all final occupancy permits and approvals by the Township and any
associated permitting agencies, shall provide a form of financial
security satisfactory to the Township, in the form of a bond or a
letter of credit, for potential use of decommissioning the facility.
(6)
If the owner fails to remove or repair the vacated, abandoned or decommissioned solar facilities within the twelve (12) month period outlined above, the Township reserves the right to enter the property, remove the system, and use the financial security in place mentioned in Subsection K(5) above by the owner or pursue other legal action as may be necessary to have the system removed at the owner's expense.
(7)
Any unpaid costs resulting from the Township's removal
of a vacated, abandoned, or decommissioned solar system, if not covered
by the financial security posted, shall constitute a lien upon the
property against which the costs were charged. Each such lien may
be continued, recorded, and released in the manner provided by the
general statutes for continuing, recording, and releasing property
tax liens.
(8)
At the time of issuance of the permit for the construction of
the large solar energy production facility, the owner shall provide
financial security in form and amount acceptable to the Township to
secure the expense of dismantling and removing said structures.
(9)
At the time of dismantling, the owner shall obtain a demolition
permit from the Township.
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, R-AG, or R-1 zoning classification.
[Amended 7-29-2015 by Ord. No. 128]
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.
[Added 12-20-2023 by Ord. No. 138]
A.
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m.
prevailing time, and the establishment may not be open to the public
during those hours.
B.
Tasting room operations shall be conducted in accordance with all
applicable federal, state, county, and Township laws and regulations
governing the production of crops and related operations.
C.
The provision and sale of alcohol shall comply with Pennsylvania
Liquor Control Board permitting requirements.
D.
Indoor and outdoor display areas associated with retail activity
shall not exceed 25% of the gross floor area. Display areas within
parking lots and outdoor storage areas shall be included in the calculated
area.
(1)
Retail sales may include the provision of snacks and food items
requiring minimal preparation, such as meats, cheeses, nuts, fruits,
and vegetables. The preparation of food items beyond minimal preparation
shall constitute a restaurant or catering/event venue.
E.
A tasting room shall not be located closer than 600 feet to another
similar existing use.
F.
Operations shall be regulated so that nuisances such as excessive
noise levels shall not be created. The Township may attach such reasonable
conditions as it deems necessary to ensure the operation complies
with this requirement.
(1)
Music, including recordings, broadcasts, and live performances,
shall be limited to inside the establishment.
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, R-AG, or R-1 zoning classification.
[Amended 7-29-2015 by Ord. No. 128]
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, R-AG, or R-1 zoning classification shall be screened by Buffer Yard B, as defined by § 175-140B of this chapter.
[Amended 7-29-2015 by Ord. No. 128]
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.
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, R-AG, or R Zoning
District.
[Amended 7-29-2015 by Ord. No. 128]
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.
[Amended 12-20-2023 by Ord. No. 138]
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.
[Added 12-20-2023 by Ord. No. 138]
A.
The minimum lot size required is fifty (50) contiguous acres.
B.
All wind turbines shall be placed with a minimum setback of 150 feet
from the property lines.
C.
All large wind energy production facilities shall have a fifty (50)
foot landscaped buffer.
D.
The property owner installing the wind energy system shall be in
compliance with the following:
(1)
FAA Regulations.
(a)
Construction of any wind energy facility shall comply with all
rules, laws and regulations of the United States Federal Aviation
Administration. Documentation of compliance shall be provided to the
Township.
(b)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(3)
(4)
All electrical components of wind energy facilities shall conform
to relevant and applicable local, state and national codes and relevant
and applicable international standards.
E.
Noise from any wind energy facility shall not exceed forty-five (45)
decibels (dBa) at the lot line dividing the site developed and all
adjoining properties during operation.
(1)
If a person or persons shall have a complaint about the noise
level of a certain large wind energy production facility, the complainant
must provide the Township with dBa test results along with the calibration
certificate of the instrument used to test the dBa levels. A sound
level meter, dosimeter or other similar device may be used for measuring
and reporting acoustic emissions from a solar energy facility.
F.
Vacation, abandonment, and/or decommissioning of wind facilities.
(1)
The wind energy production facility owner is required to notify
the Township immediately upon cessation or abandonment of the operation.
(2)
Discontinuation/abandonment is presumed when a wind system has
been disconnected from the net metering grid for a period of six (6)
continuous months or has not produced electricity for a period of
six (6) months. The burden of proof in the presumption of discontinuation/abandonment
shall be upon the Township.
(3)
The wind facilities and all related equipment must be removed
within twelve (12) months of the date of discontinuation or abandonment
or upon the determination of the useful life of the solar system.
(4)
For ground-mounted and building-mounted systems, removal includes
removal of all structural and electrical parts of the ground- or building-mounted
system and any associated facilities or equipment and removal of all
net metering equipment.
(5)
The owner or operator of the wind facility, upon issuance of
all final occupancy permits and approvals by the Township and any
associated permitting agencies, shall provide a form of financial
security satisfactory to the Township, in the form of a bond or a
letter of credit, for potential use of decommissioning the facility.
(6)
If the owner fails to remove or repair the vacated, abandoned or decommissioned wind facilities within the twelve (12) month period outlined above, the Township reserves the right to enter the property, remove the system, and use the financial security in place mentioned in Subsection F(5) above by the owner or pursue other legal action as may be necessary to have the system removed at the owner's expense.
(7)
Any unpaid costs resulting from the Township's removal
of a vacated, abandoned, or decommissioned wind system, if not covered
by the financial security posted, shall constitute a lien upon the
property against which the costs were charged. Each such lien may
be continued, recorded, and released in the manner provided by the
general statutes for continuing, recording, and releasing property
tax liens.
(8)
At the time of issuance of the permit for the construction of
the large wind energy production facility, the owner shall provide
financial security in form and amount acceptable to the Township to
secure the expense of dismantling and removing said structures.
(9)
At the time of dismantling, the owner shall obtain a demolition
permit from the Township.
[Added 12-20-2023 by Ord. No. 138]
A.
The minimum lot size required is five (5) acres.
B.
Winery operations shall be conducted in accordance with all applicable
federal, state, county, and Township laws and regulations governing
the production of crops and related operations.
C.
The provision and sale of alcohol shall comply with Pennsylvania
Liquor Control Board permitting requirements.
D.
A business established as a winery shall have at least one (1) point
of ingress and egress to a public road ROW. The point of ingress and
egress shall be located in a manner that minimizes detrimental traffic
impacts to both pedestrians and vehicles.
E.
Indoor and outdoor display areas associated with retail activity
shall not exceed a total of 3,000 square feet in gross floor area.
Display areas within parking lots and outdoor storage areas shall
be included within the calculated gross floor area.
F.
The minimum number of required parking spaces shall not be utilized
for display areas and/or outdoor storage areas.
G.
To promote adequate vehicular safety and circulation, an entrance
drive surfaced with bituminous brick, concrete, or stabilized aggregate
shall be constructed between the nearest public road ROW and the retail
area. The entrance drive shall be a minimum of twenty-five (25) feet
wide. Loading and equipment storage areas shall, at a minimum, be
paved with crushed limestone aggregate.
H.
No more than one (1) business identification sign associated with
advertising the winery shall be permitted. The identification sign
shall be a ground or wall sign and shall have a maximum graphic area
of thirty-two (32) square feet.
I.
No storage or transfer of toxic, corrosive, flammable, carcinogenic,
or explosive materials, chemicals, liquids, gases, or solids shall
be permitted on the lot(s), with the exception of gasoline, diesel
fuel, and oil for the operation and maintenance of motorized vehicles
and equipment.
J.
A traffic impact study, in accordance with ITE standards, may be
required to be submitted where the proposed development could generate
100 trips in addition to the adjacent roadways' peak-hour volumes
or the traffic movements produced by the development could have the
potential to create adverse conditions on the public road ROW. A description
of future LOS and their compliance with standards for traffic capacity
of streets, intersections and driveways shall be provided. New streets
shall be designed for adequate traffic capacity. All reference to
LOS shall be defined by the Highway Capacity Manual, published by
Transportation Research Board. These standards may be waived by the
Township if sufficient evidence is provided that the criteria cannot
be met with reasonable mitigation.
