The following procedures shall apply to all
applicants for approval of a conditional use or use by special exception
in all zoning districts.
A.
Approval of conditional use. The Board of Commissioners
shall hear and decide requests for conditional uses; however, the
Board of Commissioners 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 less than 28 calendar days prior
to the regular 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 preliminary land development plan, if required
by the Township Subdivision and Land Development Ordinance or, if
a land development plan is not required, a current property survey
indicating all existing and proposed structures and all proposed construction,
additions or alterations on the site in sufficient detail to determine
the feasibility of the proposed development and compliance with all
applicable requirements of this chapter.
(b)
A written statement showing compliance with
the applicable express standards and criteria of this article for
the proposed use.
(c)
In the case of a plan that meets the criteria
of the Township's current Traffic Impact Study Ordinance (Ordinance
No. 4 of 2001, as now or hereafter amended), a traffic impact study
prepared in accordance with the requirements of that ordinance.
(2)
A written recommendation is received from the Township
Planning Commission or 45 days has passed from the date of the Planning
Commission meeting at which the application is first considered as
complete and properly filed for approval.
(3)
Notice of the public hearing is conspicuously posted
by the Township at points deemed sufficient by the Township on and
around the property to notify potentially interested citizens at least
seven days prior to the date of the public hearing.
(4)
A public hearing is conducted by the Board of Commissioners
pursuant to public notice and said hearing is scheduled no more than
60 days following the date of submission of a complete and properly
filed application, unless the applicant has agreed in writing to an
extension of time.
(5)
Each subsequent hearing before the Board of Commissioners
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant in writing or on the record. An applicant
shall complete the presentation of his case-in-chief within one 100
days of the first hearing. Upon the request of the applicant, the
Board of Commissioners shall assure that the applicant receives at
least seven hours of hearings within the 100 days, including the first
hearing. Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
And the applicant may, upon request, be granted additional hearings
to complete his case-in-chief, provided the persons opposed to the
application are granted an equal number of additional hearings. Persons
opposed to the application may, upon the written consent or consent
on the record by the applicant and the Township, be granted additional
hearings to complete their opposition to the application, provided
the applicant is granted an equal number of additional hearings for
rebuttal.
(6)
The Board of Commissioners shall render a written
decision within 45 days after the last public hearing. Where the application
is contested or denied, the decision shall be accompanied by findings
of fact and conclusions based thereon. Conclusions based on any provision
of this chapter or any other applicable rule or regulation shall contain
a reference to the provision relied upon and the reasons why the conclusion
is deemed appropriate in light of the facts found.
(7)
Where the Board of Commissioners fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearing as specified in Subsection A(3) and (4), above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. The Board of Commissioners shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If the Board of Commissioners shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(8)
In considering an application for conditional use approval, the Board of Commissioners 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 a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 240-141 of this chapter.
(9)
Time limits.
[Added 5-10-2017 by Ord.
No. 1-2017[1]]
(a)
If the conditional use involves physical improvements that have not been substantially initiated within one year of the date of approval or authorization approval of the conditional use, the approval shall lapse. The conditional use approval shall also lapse if, after starting construction, the construction is discontinued for a period of one year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to § 240-93A(9)(c).
(b)
If the conditional use does not involve physical improvements and a certificate of occupancy is not issued for the conditional use within one year of the date of approval or authorization, the approval shall lapse. No certificate of occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to § 240-93A(9)(c).
(c)
The Board of Commissioners may renew its approval of a conditional
use for which approval has lapsed, provided that no more than one
year has elapsed since the date of the original approval or, in the
case of discontinuance of work, since the date of discontinuance.
Renewal shall require formal action, including public notice and a
hearing. Renewal shall have the same effect as the original approval.
If no renewal is granted within the one-year period allowed for renewals,
the original approval shall be void and no further effect.
[1]
Editor's Note: This ordinance, in Section 4, also stated that notwithstanding the foregoing, in the event that the granting of a variance, conditional use or special exception is associated with a land development plan as required under Ch. 215, Subdivision and Land Development, of the Township's Code, then such approvals shall be valid for a five-year period commencing from the date of approval. Such five-year period shall be extended in accordance with the extension periods as set forth pursuant to 53 P.S. § 10508(4)(ii) through (vii).
B.
Expiration of conditional use approval. Conditional
use approval shall expire automatically without written notice to
the applicant if no application for a grading permit, a building permit
or a certificate of occupancy to undertake the construction or authorize
the occupancy described in the application for conditional use approval
is submitted within 12 months of said approval, unless the Board of
Commissioners, in its sole discretion, extends conditional use approval
upon written request of the applicant received prior to its expiration.
The maximum extension permitted shall be one twelve-month extension.
C.
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 current property survey indicating all existing
and proposed structures and all proposed construction, additions or
alterations on the site in sufficient detail to determine the feasibility
of the proposed development and compliance with all applicable requirements
of this chapter.
(b)
A written statement showing compliance with
the applicable express standards and criteria of this article for
the proposed use.
(c)
In the case of a plan that meets the criteria
of the Township's current Traffic Impact Study Ordinance (Ordinance
No. 4 of 2001 as now or hereafter amended), a traffic impact study
prepared in accordance with the requirements of this chapter.
(2)
Written notice of the public hearing shall be sent
by first class mail to all property owners within 300 feet of the
perimeter of the property for which the application is submitted.
(3)
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application unless the applicant has agreed in writing to an extension of time. Said hearing shall be conducted in accordance with the procedures specified by § 240-134 of this chapter.
(4)
In proceedings involving a request for a use by special
exception, both the duty of initially presenting evidence and the
burden of persuading the Zoning Hearing Board that the proposed use
is available by special exception and satisfies the specific or objective
requirements for the grant of a use by special exception as set forth
in this chapter rest upon the applicant. The burden of persuading
the Zoning Hearing Board that the proposed use will not offend general
public interest, such as the health, safety and welfare of the neighborhood,
rests upon the applicant.
(5)
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 a 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 and shall be subject to the enforcement provisions of Section § 240-141 of this chapter.
(6)
If land development plan approval is required for
the use by special exception, the application for approval of a land
development required by the Township Subdivision and Land Development
Ordinance shall be submitted to the Township Planning Commission following
approval of the use by special exception by the Zoning Hearing Board.
D.
Expiration of approval of a 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 land
development plan, a grading permit, a building permit or a certificate
of occupancy to undertake the construction or authorize the occupancy
described in the application for approval of the use by special exception
is submitted within 12 months of said approval, 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 twelve-month extension.
In addition to the specific standards and criteria listed for each use in § 240-95 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 as a result of being located
on the property where it is proposed.
D.
Ingress, egress and traffic circulation on the property
shall be designed to ensure safety and access by emergency vehicles
and to minimize congestion and the impact on local streets.
E.
Outdoor lighting, if proposed, shall be designed with
cutoff luminaires that direct and cut off the light at a cutoff angle
of 60° or less. (See illustration in Appendix B.[1]) Illumination shall not exceed 0.2 footcandle at the property
line.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
F.
For all uses which are subject to the requirements
of the Americans with Disabilities Act (ADA), the applicant shall
certify that all applicable ADA requirements have been met in the
design.
A.
In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 240-94, 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 for that use.
(1)
Adult businesses, subject to:
(a)
Adult businesses, as defined by this chapter,
shall not be permitted in any zoning district other than the I-1 General
Industrial District.
(b)
An adult business shall not be located within
1,000 feet of any of the following uses: a church; public or private
preelementary, elementary, or secondary school; public library; day-care
center or nursery school; public park or residential dwelling. The
distance shall be measured in a straight line from the nearest portion
of the building or structure containing the adult business to the
nearest property line of the premises of any of the above listed uses.
(c)
Any adult business, other than an adult motel,
which exhibits on the premises in a viewing room (a separate compartment
or cubicle) of less than 150 square feet of floor space, a film or
videocassette or other video or image production or reproduction which
depicts nudity or sexual conduct shall comply with the following:
[1]
At least one employee shall be on duty and shall
be situated in each manager's station at all times that any patron
is present inside the premises.
[2]
The interior of the premises shall be configured
in such a manner that there is an unobstructed view from the manager's
station of every area of the premises to which any patron is permitted
access for any purpose, excluding restrooms. Restrooms shall not contain
video reproduction or viewing equipment. If the premises has two or
more manager's stations designated, then the interior of the premises
shall be configured in such a manner that there is unobstructed view
of each area of the premises to which any person is permitted access
for any purpose from at least one of the manager's stations. The view
required by this subparagraph shall be by direct line of sight from
the manager's station.
[3]
It shall be the duty of the owners and operators
and any agents and employees present on the premises to ensure that
the viewing area remains unobstructed by any doors, walls, merchandise,
display racks or other materials at all times and to insure that no
patron is permitted access to any area of the premises which has been
designated in the application submitted to the Township as an area
in which patrons will not be permitted.
[4]
No viewing room shall be occupied by more than
one person at a time. No connections or openings to an adjoining viewing
room shall be permitted.
[5]
The premises shall be equipped with overhead
lighting fixtures of sufficient intensity to illuminate every place
in which patrons are permitted access at an illumination of not less
than one footcandle as measured at the floor level. It shall be the
duty of the owners and operators and any agents and employees present
on the premises to ensure that the illumination is maintained at all
times that any patron is present on the premises.
[6]
If live performances are to be given, the premises
in which such live performances are to be offered shall contain a
stage separated from the viewing area and the viewing area shall not
be accessible to the performers.
(d)
If the adult business involves live performances,
the performers shall not have easy access to the viewers present.
(e)
The owner and operator of any adult nightclub
shall provide security officers, licensed under the laws of the commonwealth,
if the maximum permitted occupancy exceeds 50 persons.
(f)
No stock-in-trade which depicts nudity or sexual
conduct shall be permitted to be viewed from the sidewalk, street
or highway.
(g)
No signs or other displays of products, entertainment
or services shall be permitted in any window or other area which is
visible from the street or sidewalk.
(h)
Windows shall not be covered or made opaque
in any way.
(i)
Notice shall be given at the entrance stating
the hours of operation and restricting admittance to adults only.
The term "adult" shall have the meaning provided by applicable statutory
law.
(j)
Owners and operators of adult businesses shall
obtain a license to operate from the Township. In addition, such owners
or operators shall supply to the Township such information regarding
ownership and financing of the proposed business as is required by
the Township's licensing application. Applications for licensing shall
be filed with the Township Manager.
(k)
The adult business shall be initially licensed
upon compliance with all requirements of this section and provisions
of the required licensing application. For each year thereafter that
the adult 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 Manager by November 1 of the year preceding
the year for which renewal is sought. The lack of license or failure
to renew such license in a timely manner shall be a violation of this
chapter and shall be grounds for denial or revocation of the certificate
of occupancy for the adult business.
(2)
Animal hospital, subject to:
(a)
The minimum lot area required for an animal
hospital shall be 20,000 square feet, unless the animal hospital is
located within a planned shopping center.
(b)
Outdoor kennels or runs shall not be permitted.
(c)
Overnight boarding of animals, other than for
medical supervision, shall be permitted, if the animals are housed
overnight within a completely enclosed building.
(d)
Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 240-141 of this chapter.
(3)
Apartment in combination with business, subject to:
(a)
Dwelling units shall be located on the second
floor or, if located on the first floor, shall be in a separate unit
from the business.
(b)
Dwelling units shall have a minimum habitable
floor area of 800 square feet.
(c)
Dwelling units in basements or accessory garages
shall not be permitted.
(d)
Each dwelling unit shall have a separate entrance
which does not require passing through any area devoted to office
or retail use.
(e)
One and one-half off-street parking spaces shall
be provided for each dwelling unit, with a minimum of two spaces.
Shared parking for residential and commercial uses shall not be permitted.
(4)
Bed-and-breakfast, subject to:
(a)
The operator shall be a ful-time resident of
the dwelling in which the bed-and-breakfast is located.
(b)
The lot shall have frontage on and direct vehicular
access to an arterial or collector street, as defined herein.
(c)
The minimum lot area required in the R-1 and
R-2 Districts shall be two acres. The minimum lot area required in
the R-4 District shall be 6,000 square feet.
(d)
No meals, other than breakfast, shall be served
on the premises. Food may be prepared on the premises for consumption
off the premises by overnight guests. Food shall not be served to
any customers who are not overnight guests.
(e)
The maximum length of stay for any guest shall
be 14 days in any calendar year.
(f)
One identification sign shall be permitted and
such sign may either be attached to the wall of the building or may
be freestanding in the front yard, provided the surface area of the
sign shall not exceed six square feet, the height of the freestanding
sign shall not exceed four feet and the freestanding sign is located
at least five feet from any property line.
(h)
In addition to the parking required for the
dwelling, one parking space shall be provided for each sleeping room
offered to overnight guests.
(i)
Off-street parking shall not be located in any
required front or side yard. Parking located in the rear yard shall
be screened from adjoining residential properties by a compact six-foot
evergreen hedge.
(5)
Billboards and projection signs, subject to:
(6)
Boarding stable; riding academy, subject to:
(a)
The minimum site shall be 10 acres.
(b)
If horses are pastured, a minimum of one acre
per horse shall be provided. If horses are stabled and provided with
grain, an adequate area for exercising the horses shall be provided;
however, no minimum acreage per horse shall be required.
(c)
All animals shall be properly sheltered and
humanely kept.
(d)
All stables and other buildings in which animals
are kept shall be located at least 300 feet from any occupied dwelling,
other than the stable owner's dwelling, and in no case, shall the
storage of manure or the stable or other building in which animals
are kept be located closer than 200 feet to any property line.
(e)
No grazing of animals shall be permitted closer
than 100 feet from any occupied dwelling, other than the stable owner's
dwelling.
(f)
The area of the property used for grazing shall
be adequately fenced to properly enclose the animals and to protect
adjacent properties.
(7)
Car wash, subject to:
(a)
All automated washing facilities shall be in
a completely enclosed building, as defined by this chapter. 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 § 240-102 for drive-through facilities.
(d)
The facility shall be connected to public sanitary
and storm sewers.
(e)
Driveway entrances shall be located at least
30 feet from the right-of-way line of the intersection of any public
streets.
(8)
Cemetery, subject to:
(a)
A minimum site of 10 acres is required.
(b)
A drainage plan shall be submitted with the
application for the use, showing existing and proposed runoff characteristics.
(c)
A groundwater study prepared by a hydrologist
or registered engineer qualified to perform such studies shall be
submitted with the application.
(d)
Plans for ingress/egress to the site shall be
referred to the Township Police Department for comments regarding
public safety.
(e)
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area B, as defined by § 240-98A of this chapter.
(f)
All maintenance equipment shall be properly
stored in an enclosed building when not in use.
(g)
Burial sites shall comply with the setbacks
required for principal structures in the Zoning District and burial
structures shall not be located within 100 feet of any property line
adjoining residential use or Zoning District classification.
(9)
Churches, schools (public and private), museums, libraries,
firehouses and public buildings, other than Township-related facilities,
subject to:
(a)
The minimum lot area required for a postsecondary
school shall be 10 acres. The minimum lot area required for all other
uses shall be one acre.
(b)
If a residential facility (such as a convent
or monastery) is proposed as part of a church, no more than 10 persons
shall be housed.
(c)
A dwelling (such as a manse or parsonage) may
be located on the same lot with a church, provided all requirements
of this chapter for single-family dwellings in the zoning district
can be met in addition to the minimum lot area, lot width and yard
requirements applicable to the church.
(d)
All property lines adjoining single-family use or zoning district classification shall be screened by Buffer Area B, as defined by § 240-98A of this chapter.
(e)
Ingress and egress to and from police and fire
stations shall be located so as to maximize sight distance along adjacent
public streets and enhance safety for vehicles exiting the property.
(f)
Fire stations, police stations and municipal
maintenance facilities shall be located so that vehicles and equipment
can be maneuvered on the property without interrupting traffic flow
or blocking public streets.
(g)
All schools shall be designed to provide convenient
access for emergency vehicles and access to all sides of the building
by fire-fighting equipment.
(h)
All outside storage, including trash dumpsters,
shall be completely enclosed by a six-foot hedge or solid fence.
(i)
The proposed use shall have direct access to
a public street with sufficient capacity to accommodate the traffic
generated by the proposed use.
(10)
Commercial recreation, subject to:
(a)
The minimum lot area required for outdoor recreation
facilities shall be one acre. All indoor facilities shall meet the
minimum lot area required for the zoning district in which the property
is located.
(b)
The property shall have frontage on and direct
vehicular access to an arterial or collector street, as defined by
this chapter.
(c)
Adequate sanitary facilities available to the
public shall be provided.
(d)
Outdoor speakers shall not be permitted if there
are dwellings within 500 feet of the property in any direction. If
outdoor speakers are allowed, the volume and direction shall be regulated
to minimize impact on adjoining properties.
(e)
Location of buildings and facilities, traffic
circulation on the property and parking areas shall be designed to
provide adequate access for emergency medical vehicles and fire-fighting
equipment.
(f)
Any outdoor facility shall be completely enclosed
by a fence which is at least six feet in height with one or more locking
gates, which shall remain secured when the facility is not in use.
(g)
Any outdoor facility located within 300 feet
of an existing dwelling shall cease operations no later than 10:00
p.m.
(h)
Any use which includes eating or drinking facilities
shall be subject to the parking requirements for that use in addition
to the parking requirements for the recreational use.
(11)
Communications tower, subject to:
(a)
The applicant shall demonstrate that it is licensed
by the Federal Communications Commission (FCC) to operate a communications
tower.
(b)
Any applicant proposing a new freestanding communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the antenna on an existing building or
other structure or an existing communications tower. A good faith
effort shall require that all owners within a one-quarter-mile radius
of the proposed site be contacted and that one or more of the following
reasons for not selecting an alternative existing building or communications
tower or other structure apply:
[1]
The proposed equipment would exceed the structural
capacity of the existing building, communications tower or other structure
and reinforcement of the existing building, tower or other structure
cannot be accomplished at a reasonable cost.
[2]
The proposed equipment would cause RF (radio
frequency) interference with other existing or proposed equipment
for that building, tower or other structure and the interference cannot
be prevented at a reasonable cost.
[3]
Existing buildings, communications towers or
other structures 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.
(c)
The applicant shall demonstrate that the proposed
communications tower and the electromagnetic fields associated with
the antennas proposed to be mounted thereon comply with safety standards
now or hereafter established by the Federal Communications Commission
(FCC).
(d)
The applicant for the communications tower shall
demonstrate compliance with all applicable Federal Aviation Administration
(FAA) and any applicable airport zoning regulations.
(e)
In the C-2 District, the maximum height of a
communications tower shall be 100 feet. In the PED, I-P and I-1 Districts,
the maximum height of a communications tower shall be 150 feet.
(f)
The applicant shall demonstrate that the proposed
height of the communications tower is the minimum height necessary
to function effectively.
(g)
In the C-2, PED, I-P and I-1 Districts, all
parts of the communications tower, including guy wires, if any, shall
be set back from the property line at least 50 feet, except for guyed
towers which shall be set back a distance equal to the height of the
tower. If the tower is located on property which adjoins any R Residential
Zoning District, the setback shall be at least 200 feet. Where the
communications tower is located on a leased parcel within a larger
tract, the setback shall be measured from the property line which
separates the adjoining residentially zoned property from the larger
tract controlled by the lessor, rather than from the boundaries of
the leased parcel, provided the larger tract is either vacant or developed
for a use other than single-family dwellings.
(h)
The tower and all appurtenances, including guy
wires, if any, and the equipment cabinet or equipment building shall
be enclosed by a minimum ten-foot-high chain link security fence with
locking gate.
(i)
The applicant shall submit evidence that the
communications 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 the Township Building Code and accepted engineering
practice.
(j)
Equipment cabinets and equipment buildings shall
comply with the height and yard requirements of the zoning district
for accessory structures.
(k)
Access shall be provided to the communications
tower and equipment cabinet or equipment building by means of a public
street or right-of-way to a public street. The right-of-way shall
be a minimum of 20 feet in width and shall be improved with a dust-free,
all-weather surface for its entire length.
(l)
Recording of a plat of subdivision shall not
be required for the lease parcel on which the communications tower
is proposed to be constructed, provided the equipment building is
proposed to be unmanned and the required easement agreement for access
is submitted for approval by the Township.
(m)
Approval of a land development plan, prepared
in accordance with the requirements of the Township Subdivision and
Land Development Ordinance, shall be required for all communications
towers.
(n)
The owner of the communications tower shall
be responsible for maintaining the parcel on which the communications
tower is located, as well as the means of access to the tower, including
clearing and cutting of vegetation, snow removal and maintenance of
the access driveway surface.
(o)
The owner of any communications tower which
exceeds 50 feet in height shall submit to the Township proof of an
annual inspection conducted by a structural engineer at the owner's
expense and an updated communications tower maintenance program based
on the results of the inspection. Any structural faults shall be corrected
immediately and reinspected and certified to the Township by a structural
engineer at the owner's expense.
(p)
The owner of the communications tower shall notify the Township immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the Township to install antennas on the existing communications tower. If the owner of the communications tower fails to remove the communications tower, then the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 240-141 of this chapter.
(q)
All communications tower structures shall be
fitted with anticlimbing devices as approved by the manufacturer for
the type of installation proposed.
(r)
All communications antennas and communications
tower structures shall be subject to all applicable Federal Aviation
Administration (FAA) and airport zoning regulations.
(s)
No sign or other structure shall be mounted
on the communications tower structure, except as may be required or
approved by the FCC, FAA or other governmental agency.
(t)
The exterior finish of the communications tower
shall be compatible with the immediate surroundings. The communications
tower, the equipment cabinet or equipment building and the immediate
surroundings shall be properly maintained.
(u)
The base of the communications tower shall be
landscaped suitable to the proposed location of the communications
tower, if the base of the communications tower is visible from adjoining
streets or residential properties.
(v)
At least one off-street parking space shall
be provided on the site to facilitate periodic visits by maintenance
workers. Manned equipment buildings shall provide one parking space
for each employee working on the site.
(w)
No communications antenna or communications
tower structure shall be illuminated, except as may be required by
the Federal Aviation Administration (FAA) or the Federal Communications
Commission (FCC).
(12)
Communications antennas mounted on an existing
building or existing public utility storage or transmission structure,
subject to:
(a)
Building-mounted communications antennas shall
not be permitted on any single-family or two-family dwellings.
(b)
The applicant shall demonstrate that the electromagnetic
fields associated with the proposed communications antennas comply
with safety standards now or hereafter established by the Federal
Communications Commission (FCC).
(c)
The applicant shall demonstrate compliance with
all applicable Federal Aviation Administration (FAA) and any applicable
airport zoning regulations.
(d)
Building-mounted communications antennas shall
be permitted to exceed the height limitations of the district by no
more than 20 feet. Communications antennas mounted on an existing
public utility storage or transmission structure shall not project
more than 20 feet above the height of the structure.
(e)
Omnidirectional or whip communications antennas
shall not exceed 20 feet in height or seven inches in diameter.
(f)
Directional or panel communications antennas
shall not exceed five feet in height or two feet in width.
(g)
Satellite and microwave dish communications
antennas mounted on the roof of a building or on a self-supporting
communications tower shall not exceed six feet in diameter.
(h)
Satellite and microwave dish communications
antennas mounted on a monopole communications tower or existing public
service corporation facility storage or transmission structure shall
not exceed two feet in diameter.
(i)
The applicant proposing a building-mounted communications
antenna shall submit evidence from a structural engineer certifying
that the proposed installation will not exceed the structural capacity
of the building considering wind and other loads associated with the
antenna's location.
(j)
Evidence of lease agreements and easements necessary
to provide access to the building or structure for installation and
maintenance of the communications antennas and placement of the equipment
cabinet or equipment building shall be provided to the Township.
(k)
The placement of the equipment cabinet or equipment
building shall not obstruct the free flow of traffic on the site,
shall not reduce any parking required or available for other uses
on the site and shall not obstruct any right-of-way or easement without
the permission of the owner or grantor of the right-of-way or easement.
(l)
Unless located within a secured building, the
equipment cabinet or equipment building shall be fenced by a ten-foot-high
chain link security fence with locking gate. If the equipment cabinet
or equipment building is visible from any public street or adjoining
residential property, the equipment cabinet or equipment building
shall be screened by a minimum six foot-high compact evergreen hedge.
(m)
If vehicular access to the equipment cabinet
or equipment building is not provided from a public street or paved
driveway or parking area, an easement or right-of-way shall be provided
which has a minimum width of 20 feet and which shall be improved with
a dust-free all-weather surface for its entire length.
(n)
At least one off-street parking space shall
be provided on the site within a reasonable walking distance of the
equipment cabinet or equipment building to facilitate periodic visits
by maintenance workers.
(13)
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, conditional uses or
uses by special exception in the zoning district in which the property
is located shall be allowed, if the Zoning Hearing Board determines
that the impact of the proposed use on the environment and adjacent
streets and properties is equal to or less than any use specifically
listed in the zoning district. In making such determination, the Board
shall consider the following characteristics of the proposed use:
[1]
The number of employees;
[2]
The floor area of the building or gross area
of the lot devoted to the proposed use;
[3]
The type of products, materials and equipment
and/or processes involved in the proposed use;
[4]
The magnitude of walk-in trade;
[5]
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 240-97 of this chapter; and
[6]
For those uses included in the most recent edition
of the Standard Industrial Classification Manual published by the
Office of Management and Budget, whether the proposed use shares the
same SIC Code or Major Group number as one or more uses that are specifically
listed in the zoning district.
(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 or conditional use listed
in the zoning district in which the comparable use is proposed.
(d)
The proposed use shall be consistent with the
purpose statement for the zoning district in which it is proposed
and shall be consistent with the community development objectives
of this chapter.
(14)
Correctional institution, as defined herein,
subject to:
(a)
Any new construction, expansion or change of
use or change in the level of custody within the correctional facility
which was not approved as part of the original conditional use application
shall be subject to resubmission and approval of a revised conditional
use application to determine continued compliance with these criteria.
(b)
The site shall have frontage on and direct vehicular
access to a street defined by this chapter as an arterial street.
(c)
In the event that the site has frontage on more
than one arterial street, the vehicular access to the site shall be
provided only from the street which has the higher volume of traffic.
(d)
The conditional use application shall include
a traffic impact study prepared in accordance with the requirements
of Township Ordinance No. 4 of 2001, as now or hereafter amended.
(e)
Perimeter security, as defined herein, shall
be provided appropriate to secure the highest level of custody, as
defined herein, to be provided at the correctional facility.
(f)
All outdoor activity areas shall be located
inside the required perimeter security.
(g)
The maximum height of the correctional facility
shall be five stories and no more than 60 feet.
(h)
The minimum institutional buffer, as defined
herein, required for all correctional facilities, regardless of level
of custody provided within the correctional facility, shall be 250
yards.
(i)
Off-street parking for correctional institutions
which do not house any inmates with a, level of custody of 3 or greater
may be located within the institutional buffer. Off-street parking
for levels of custody 3 through 5 shall be located outside the institutional
buffer.
[1]
The off-street parking required shall be based
on the ratio of one parking space for each employee working on peak
shift. Additionally, in the case of a state or federal correctional
facility or a private facility which is operated under contract with
the state or federal government, one space for each 10 inmates housed
shall be provided for visitors, including family, friends, counselors,
attorneys, medical personnel and others who visit the site but do
not work on the site on a daily basis. In the case of County correctional
facilities or private facilities operated under contract with the
county, one space for each four inmates housed shall be provided for
visitors, including family, friends, counselors, attorneys, medical
personnel and others who visit the site but do not work on the site
on a daily basis.
[2]
The parking ratio for offices and other administrative facilities, including court rooms, shall be determined by the ratios required by § 240-112C for "professional and business offices" and "indoor places of assembly" and shall be in addition to the spaces required by this subparagraph for employees and visitors.
(j)
Any property line of the site of the correctional facility which fronts on a public street or is visible from an adjacent residential or commercial use shall be screened by Buffer Area A, as defined by § 240-98A of this chapter.
(k)
All other property lines of the site of the correctional facility shall be screened by Buffer Area C, as defined by § 240-98A of this chapter.
(l)
The required plantings shall be located beyond
the limits of the required institutional buffer in a location which
maximizes their effectiveness while not compromising the security
of the correctional facility.
(m)
The Chief Administrator of the facility shall
file an emergency management plan, including the planned response
to fire, security and medical emergencies, with the Board of Commissioners,
Township Police Department, emergency medical service and the responding
fire company for review and comment as part of the conditional use
application and shall file an updated plan with each of these agencies
annually by January 31 of each year after the facility is occupied.
[1]
The Emergency Management Plan shall include
a proposal to provide an automatic alarm to the Township Police Department
and a unique audible warning signal acceptable to the Township to
warn the community in the event of a breach of security. Such warning
signal shall be differentiated from other warning signals used by
public safety and other public or private facilities in the area and
the design and intensity of the warning signal shall be based on the
location of the correctional facility, characteristics of the surrounding
physical environment and the proximity of commercial and residential
uses.
[2]
Failure to timely file an emergency management plan or an updated Plan or to properly maintain in working order the audible warning signal may be treated by the Township as a violation of this Zoning Ordinance, and each day that a violation occurs shall be subject to the enforcement remedies contained in § 240-141 of this chapter.
(n)
Fire alarm and fire-suppression systems shall
be provided in accordance with the requirements of the Township Fire
Prevention Code and the most recent edition of the Township Building
Code.[1]
(o)
The applicant shall provide evidence of all required federal, state or county permits prior to issuance of the certificate of occupancy and shall maintain valid permits throughout the operation of the facility. Any suspension or revocation of the permits required to operate the facility shall result in automatic revocation of the certificate of occupancy by the Township. Reinstatement of the certificate of occupancy shall be subject to submission of all valid permits and a certification by the Zoning Officer regarding continued compliance with all conditions attached to approval of the conditional use. Failure to maintain valid permits as required throughout the operation of the facility may be treated by the Township as a violation of this Zoning Ordinance, and each day that a violation occurs shall be subject to the enforcement remedies contained in § 240-141 of this chapter.
(p)
The Chief Administrator shall supply an annual report to the Zoning Officer by January 31 of each year, which indicates the peak prisoner population on any given day in the previous calendar year as a basis for the Zoning Officer to determine continued compliance with parking requirements and other conditions of approval. Failure to file the required annual report may be treated by the Township as a violation of this Zoning Ordinance, and each day that a violation occurs shall be subject to the enforcement remedies contained in § 240-141 of this chapter.
(q)
All correctional facilities, whether governmental,
quasi-governmental or private, shall be designed to meet the current
performance criteria of the American Correctional Association (ACA)
and the Pennsylvania Department of Corrections. In the event of a
conflict between these criteria, the more restrictive shall apply.
(r)
In correctional facilities which contain several
levels of custody, the design of the facility shall be such that there
shall be no commingling of levels of custody and that sally ports
or other entrances used by inmates, including work-release inmates,
are separate from entrances used by the general public.
(15)
Day-care center or preschool facility, subject
to:
(a)
The facility shall be registered with or licensed
by the commonwealthof Pennsylvania.
(b)
In the R-1, R-2 and R-3 Zoning Districts, the
facility shall be permitted to be located only in a church or school.
In the R-4 Zoning District, this restriction shall not apply if the
site has frontage on and direct vehicular access to an arterial or
collector street, as defined by this chapter.
(c)
Outdoor play areas shall be provided which shall
have a minimum area of 65 square feet per child and which shall be
secured by a fence with self-latching gate. The location of the outdoor
play area shall take into account the relationship to adjoining properties.
(d)
Outdoor play areas which adjoin residential lots shall be screened by Buffer Area C, as defined by § 240-98A of this chapter.
(e)
The general safety of the property proposed
for a day-care center, nursery school or preschool facility shall
meet the needs of small children. There shall be no potential hazards
in the outdoor play area and a safe area for dropping off and picking
up children shall be provided.
(16)
Equipment storage yard, subject to:
(a)
The minimum site required for an equipment storage
yard shall be five acres.
(b)
The site shall have frontage on and direct vehicular
access to an arterial or collector street as defined by this chapter.
(c)
Buffer Area B, as defined by § 240-98A of this chapter shall be provided along all property lines adjoining any R Residential Zoning District.
(d)
No repair of vehicles or equipment shall be
permitted outside a completely enclosed structure.
(f)
Engines shall not be started or kept running
before 6:30 a.m. or after 8:00 p.m. if the site is located within
500 feet of an existing dwelling.
(g)
All lighting shall be shielded and reflected
away from streets and any adjoining residential properties.
(17)
Family day-care home, subject to:
(a)
All of the applicable criteria for a home occupation specified in § 240-95A(21) shall be met.
(b)
All applicable requirements of the Pennsylvania
Department of Public Welfare shall be met and continuing compliance
shall be maintained.
(c)
An adequate outdoor play area shall be provided
and shall be secured by a fence with self-latching gate. Such play
area shall be screened from adjoining residential properties by a
minimum four-foot-high compact, dense evergreen hedge or opaque fence.
(d)
Outdoor play areas shall have a minimum area
of 400 square feet.
(18)
Funeral home, subject to:
(a)
The minimum lot area shall be 40,000 square
feet.
(b)
The site shall have frontage on and direct vehicular
access to an arterial or collector street.
(c)
All off-street parking areas which adjoin residential
zoning classification shall be screened by a six-foot dense, compact
evergreen hedge.
(d)
Traffic circulation on the lot shall be designed
to minimize congestion and provide for the lining up of vehicles on
the property without obstructing the free flow of traffic on adjoining
streets.
(19)
Golf course; golf or country club, subject to:
(a)
Golf courses and golf or country clubs shall
have a minimum site of 120 acres; driving ranges and putting courses
shall have a minimum site of 15 acres.
(b)
Clubhouses shall be located at least 100 feet
from any property line adjoining property in any R Residential Zoning
District and at least 50 feet from all other property lines.
(c)
Where eating and/or drinking facilities are
provided, parking requirements for restaurants shall apply in addition
to the parking requirements for golf courses.
(d)
Where a swimming pool is provided, parking requirements
for swimming pools shall apply in addition to the parking requirements
for golf courses.
(e)
Outdoor operations shall be discontinued between
the hours of 11:00 p.m. and 6:00 a.m.
(20)
Group care facility, personal care boarding
home or transitional dwelling, subject to:
(a)
The minimum lot area required for a group care
facility, personal care boarding home or transitional dwelling that
houses 10 or fewer residents shall be the minimum lot area required
for a single-family dwelling in the zoning district in which it is
located.
(b)
The minimum lot area required for a group care
facility, personal care boarding home or transitional dwelling that
houses more than 10 residents shall be two acres and the maximum number
of residents authorized shall be 10 residents per acre.
(c)
All other minimum area and bulk regulations
for a group care facility, personal care boarding home or transitional
dwelling shall be the same as those required for a principal use in
the zoning district in which the facility is located.
(d)
A Group care facility, transitional dwelling
or personal care boarding home shall have frontage on and direct vehicular
access to an arterial or collector street as defined by this chapter.
(e)
In the R-1 District, the maximum number of residents
housed in a group care facility, transitional dwelling or personal
care boarding home shall be four persons. In the R-2 District, the
maximum number of residents housed in a group care facility, transitional
dwelling or personal care boarding home shall be six persons.
(f)
In the R-4 District, the maximum number of residents
housed in a group care facility, personal care boarding home or transitional
dwelling shall be 10.
(g)
No group care facility, personal care boarding
home or transitional dwelling shall be located within 1,000 feet of
another existing or proposed group care facility, personal care boarding
home or transitional dwelling.
(h)
Adequate provisions shall be made for access
for emergency medical and fire-fighting vehicles.
(i)
Twenty-four-hour supervision shall be provided
by staff qualified by the sponsoring agency.
(j)
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 self-latching
gate.
(k)
Where applicable, licensing or certification
by the sponsoring agency shall be prerequisite to obtaining a certificate
of occupancy and a copy of the annual report with evidence of continuing
certification shall be submitted to the Zoning Officer in January
of each year.
(21)
Home occupation, subject to:
(a)
The home occupation shall be carried on by a
member of the family residing in the dwelling unit. No more than one
person who is not a resident of the dwelling unit shall be employed
in the dwelling unit.
(b)
In the R-2, R-3 and R-4 Districts, the home
occupation shall be carried on wholly within the principal dwelling.
The home occupation shall not be conducted in any accessory structure.
In the R-1 District, the home occupation may be carried on in an accessory
structure, provided the gross floor area of the accessory structure
shall not exceed 25% of the gross floor area of the principal dwelling.
(c)
No more than 25% of the gross floor area of
the principal dwelling shall be devoted to the conduct of the home
occupation.
(d)
There shall be no on-site production of articles
for sale in the home occupation, other than customary handicrafts
made by the resident, which may be produced for sale off the premises.
Such articles shall not be displayed in quantity for sale on the premises,
except that samples may be kept for the purpose of accepting orders.
(e)
There shall be no display on the premises of
merchandise available for sale which has been produced off the premises;
however, merchandise may be stored on the premises for delivery off
the premises, such as Amway, Tupperware or similar products stored
for distribution to customers or salespersons at their residence or
place of business.
(f)
There shall be no exterior displays or signs,
either on or off the premises, other than a small identification sign
no more than one square foot in surface area containing only the name
of the resident and the nature of the home occupation which may be
attached to the wall of the dwelling or to the mailbox.
(g)
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 the structure.
(h)
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 240-97 of this chapter.
(i)
The use shall not significantly intensify vehicular
or pedestrian traffic beyond that which is normal for the residences
in the neighborhood.
(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, sewage, electricity, garbage, public safety or any other
municipal services beyond that which is normal for the residences
in the neighborhood.
(l)
In the R-1, R-2, R-3 and R-4 Districts, the
home occupation shall not involve the use of commercial vehicles for
regular delivery of materials to or from the premises and commercial
vehicles shall not be parked on the premises.
(m)
There shall be no storage of materials or equipment
used in the home occupation outside a completely enclosed building.
(n)
Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article XVII for the specific use in addition to the spaces required for the dwelling.
(o)
The following are examples of permitted home
occupations, provided all of the foregoing criteria are met:
[1]
Artist, photographer or handicrafts studio;
[2]
Beauty shops or barbershops containing no more
than two chairs;
[3]
Bed-and-breakfast, further subject to § 240-95A(4);
[4]
Catering off the premises;
[5]
Contracting business, excluding on-site storage
of equipment;
[6]
Computer programmer, data processor, writer;
[7]
Consultant, clergy, counselor, bookkeeping,
graphics or drafting services;
[8]
Dressmaker, tailor;
[9]
Professional offices which involve routine visitation
by customers or clients;
[10]
Housekeeping or custodial services;
[11]
Interior designer;
[12]
Jewelry and/or watch repair, not
including wholesale or retail sales;
[13]
Lawnmower and small engine repair
in the R-1 District only;
[14]
Locksmith;
[15]
Mail order business;
[16]
Manufacturer's representative;
[17]
Repair of small household appliances
that can be hand carried in the R-1 District only;
[18]
Telemarketing;
[19]
Travel agent;
[20]
Tutoring or any other instruction
to no more than five students at any one time;
[21]
Word processing, typing, secretarial
services.
(p)
The following uses shall not be considered home
occupations and shall be restricted to the zoning districts in which
they are specifically authorized as permitted uses, conditional uses
or uses by special exception, including but not limited to:
[1]
Beauty shops or barbershops containing more
than two chairs;
[2]
Blacksmith or metalworking;
[3]
Boarding stables;
[4]
Clinics, hospitals or nursing homes;
[5]
Funeral homes;
[6]
Garden nursery;
[7]
Group care facility, personal care boarding
home or transitional dwelling;
[8]
Kennels, veterinary clinics;
[9]
Private clubs;
[10]
Private instruction to more than
five students at a time;
[11]
Restaurants or tea rooms;
[12]
Retail or wholesale sales; flea
markets;
[13]
Tanning or massage salon;
[14]
Tourist or boarding home, other
than bed-and-breakfast;
[15]
Vehicle or equipment rental, sales
or service; vehicle repair garages.
(q)
The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 240-95A(21) and the applicable criteria for comparable uses not specifically listed in § 240-95A(13).
(22)
Juvenile residential facility, subject to:
(a)
Any expansion, change of use or change in the
level of custody that is not approved as part of the original conditional
use application shall be subject to resubmission and approval of a
revised conditional use application to determine continued compliance
with these criteria.
(b)
The lot shall be served by public water and
public sewers.
(c)
The minimum lot area required shall be one acre.
The number of persons residing in any facility located on one acre
shall be limited to no more than 12.
(d)
The minimum lot area required to house at least
13 juveniles, but no more than 20 juveniles, shall be three acres.
(e)
The minimum lot area required to house at least
21 juveniles, but no more than 30 juveniles, shall be five acres.
(f)
The minimum lot area required to house more
than 30 juveniles shall be 10 acres.
(g)
If more than 12 juveniles are housed, the minimum
setback from any side or rear property line shall be 100 feet.
(h)
If secure care and/or secure detention is provided,
the facility shall meet the regulations of Chapter 3800 of Title 55
of the PA Code for secure care and/or secure detention and, regardless
of the number of juveniles housed, the minimum lot area required for
a facility providing secure care and/or secure detention shall be
10 acres, and the minimum setback from any side or rear property line
shall be 100 feet.
(i)
If an applicant for conditional use approval
does not indicate that the facility may be used for secure care and/or
secure detention at the time of application for conditional use approval,
a new conditional use application shall be submitted to authorize
the expanded use and determine compliance with the requirements of
this subsection.
(j)
Buffer Area A as defined by § 240-98A of this chapter shall be installed along any property line adjoining an existing single-family dwelling or residential zoning classification.
(k)
Except for the minimum site size required in § 240-95A(22)(c) through (f), above, the area and bulk regulations for the I-1 District shall apply.
(l)
Off-street parking shall be provided in accordance with the design standards of Article XVII based on the ratio of one space for each employee working on peak shift plus one space for each four residents to accommodate visitors, counselors, tutors or other personnel who visit the site but do not work on the site on a daily basis.
(m)
Twenty-four-hour supervision shall be provided
by staff qualified by the sponsoring or licensing agency.
(n)
A security system appropriate to the level of
custody provided for the residents shall be installed, subject to
the regulations of Chapter 3800 of Title 55 of PA Code.
(o)
In the event that any juvenile is absent from
the premises for the time period specified by § 3800.16(a)[7]
of Chapter 3800, as now or hereafter amended, the facility shall notify
the Township Police Department immediately upon discovering such absence.
(p)
Adequate open space for outdoor recreation shall
be provided on the lot for residents consistent with their needs.
(q)
The administrator of the facility shall file
an emergency management plan, including planned response to fire,
security and medical emergencies with the Township Manager, the Township
Police Department, the emergency medical service and the responding
fire companies.
(r)
Adequate provisions shall be made for access
to all areas of the property and the structure by emergency medical,
fire and public safety vehicles.
(s)
The applicant shall present evidence of an approved
building permit as a condition precedent to obtaining a certificate
of occupancy.
(u)
The applicant shall present evidence to the
Zoning Officer of all other necessary approvals and permits from applicable,
federal, state and local regulatory agencies as a condition precedent
to obtaining a certificate of occupancy.
(v)
The certificate of occupancy shall be conditioned
upon the applicant presenting to the Zoning Officer, on or before
January 31 of each year, evidence of continuing validity of any license
issued by the commonwealth.
(w)
Any suspension or revocation of any required
license or certification by any federal, state or county agency shall
result in the automatic suspension or revocation of the certificate
of occupancy. Reinstatement of the certificate of occupancy shall
be subject to submission of all valid certifications and licenses
and certification by the Zoning Officer that there is continuing compliance
with all conditions attached to the approval of the conditional use.
(x)
Violation of any of the conditions attached
to the approval of the conditional use application, including noncompliance
with the express standards and criteria of this subsection, shall
result in revocation of the certificate of occupancy.
(y)
Conditional use approval shall expire automatically,
without written notice to the applicant, if no application for a grading
permit, building permit or a certificate of occupancy to undertake
the construction or to authorize the occupancy described in the application
for conditional use approval is submitted within 12 months of said
approval, unless the Board of Commissioners, in its sole discretion,
extends conditional use approval upon written request of the applicant
received prior to its expiration. The maximum extension permitted
shall be one twelve-month extension.
(z)
Conditional use approval shall be valid for
one year from the date of approval by the Board of Commissioners and
shall be renewed annually by submitting evidence of compliance with
the original conditional use approval to the Zoning Officer. Renewal
shall not require processing of an application for conditional use
approval, unless the Zoning Officer determines that there have been
substantive changes in the operation that would require processing
of an amended conditional use application.
(23)
Juvenile incarceration facility, subject to:
(a)
Any expansion, change of use or change in the
level of custody that is not approved as part of the original conditional
use application shall be subject to resubmission and approval of a
revised conditional use application to determine continued compliance
with these criteria.
(b)
The juvenile incarceration facility shall comply
with and shall provide evidence of all applicable licenses and approvals
required by Title 42 PA Consolidated Statutes, § 6301 et
seq., known as the "Juvenile Act," as amended.
(c)
The minimum site required shall be 10 acres.
On properties containing at least 10 acres, but no more than 15 acres,
no more than 50 juveniles shall be housed. On properties containing
more than 15 acres, but less than 20 acres, no more than 75 juveniles
shall be housed. The minimum site required to house more than 75 juveniles
shall be 20 acres.
(d)
Buffer Area A as defined by § 240-98A of this chapter shall be installed and maintained along all property lines, regardless of the adjoining zoning classification.
(e)
The minimum front yard shall be 75 feet.
(f)
The minimum side or rear yard adjoining a single-family
dwelling or zoning classification shall be 100 feet. All other side
and rear yards shall be 50 feet.
(g)
Minimum lot width shall be 200 feet.
(h)
Maximum lot coverage shall be 35%; maximum paved
area shall be 20%.
(i)
Off-street parking shall be provided in accordance with the standards of Article XVII based on the ratio of one space for each employee working on peak shift plus one for each five residents to accommodate visitors, counselors, tutors or other personnel who visit the site but do not work on the site on a daily basis.
(j)
Twenty-four-hour supervision shall be provide
by staff qualified by the sponsoring or licensing agency.
(k)
A security system, appropriate to the level
of custody provided for the residents, shall be installed to control
ingress and egress to the structure and to secure the perimeter of
the site, subject to applicable state regulations.
(l)
The administrator of the facility shall file
an emergency management plan, including planned response to fire,
security and medical emergencies with the Township Manager, the Township
Police Department, the emergency medical service and the responding
fire companies.
(m)
Adequate provisions shall be made for access
to all areas of the property and the structure by emergency medical,
fire and public safety vehicles.
(n)
The applicant shall present evidence of an approved
building permit as a condition precedent to obtaining a certificate
of occupancy.
(o)
The applicant shall comply with fire protection
provisions of the current edition of the Township Building Code and
Township Fire Code.
(p)
The applicant shall present evidence to the
Zoning Officer of all other necessary approvals and permits from applicable
federal, state and local regulatory agencies as a condition precedent
to obtaining a certificate of occupancy.
(q)
The certificate of occupancy shall be conditioned
upon the applicant presenting to the Zoning Officer on or before January
31 of each year evidence of continuing validity of any license issued
by the commonwealth.
(r)
Violation of any of the conditions attached
to the approval of the conditional use application, including noncompliance
with the express standards and criteria of this subsection, shall
result in revocation of the certificate of occupancy.
(s)
Any suspension or revocation of any required
license or certification by any federal, state or county agency shall
result in the automatic suspension or revocation of the certificate
of occupancy. Reinstatement of the certificate of occupancy shall
be subject to submission of all valid certifications and licenses
and certification by the Zoning Officer that there is continuing compliance
with all conditions attached to the approval of the conditional use.
(t)
Conditional use approval shall expire automatically,
without written notice to the applicant, if no application for a grading
permit, building permit or a certificate of occupancy to undertake
the construction or to authorize the occupancy described in the application
for conditional use approval is submitted within 12 months of said
approval, unless the Board of Commissioners, in its sole discretion,
extends conditional use approval upon written request of the applicant
received prior to its expiration. The maximum extension permitted
shall be one twelve-month extension.
(u)
Conditional use approval shall be valid for
one year from the date of approval by the Board of Commissioners and
shall be renewed annually by submitting evidence of compliance with
the original conditional use approval to the Zoning Officer. Renewal
shall not require processing of an application for conditional use
approval, unless the Zoning Officer determines that there have been
substantive changes in an amended conditional use application.
(24)
Junk yard, subject to:
(a)
The minimum site required shall be 20 acres.
(b)
The site shall have frontage on and direct vehicular
access to an arterial or collector street, as defined by this chapter.
(c)
The premises shall be maintained so as to not
constitute a nuisance or menace to public health and safety.
(d)
No garbage, hazardous materials or hazardous
waste, as defined by federal statute, or other organic waste shall
be stored on the premises.
(e)
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 240-141 of this chapter.
(f)
The manner of storage of junk or other materials
or equipment on the site shall facilitate access for fire fighting,
shall prevent hazards from fire or explosion and shall prevent the
accumulation of stagnant water.
(h)
No junk shall be stored or accumulated and no
structure shall be located within 300 feet of any dwelling or within
100 feet of any property line or public street.
(i)
The premises shall be enclosed by a metal chain
link fence not less than eight feet in height supported on steel posts
with a self-latching gate. The fence shall be located on the inside
of the buffer area required by Subparagraph (k), below, and shall
be maintained in good condition.
(j)
The fence shall be supplemented with screening
material which creates a visual barrier that is at least 80% opaque.
(k)
Buffer Area A, as defined by § 240-98A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.
(l)
The site shall be designed utilizing natural
topography and/or constructed earthen mounds so as to obstruct visibility
from adjacent public streets and properties.
(m)
The operator shall obtain a license from the
Township prior to initiating operations, which shall be renewable
annually upon payment of the required license fee established from
time to time by resolution of the Board of Commissioners and subject
to inspection by the Zoning Officer to determine continuing compliance
with these standards.
(25)
Kennel, subject to:
(a)
In the R-1 and R-2 Districts, kennels shall
be accessory to a farm or, when proposed as a principal use, shall
have a minimum site area of five acres.
(b)
In the C-1 District, all kennels shall be located
within a completely enclosed building. Outdoor runs and outdoor kennels
shall not be permitted.
(c)
Outdoor kennels, where permitted, shall be located
at least 300 feet from any occupied dwelling and at least 200 feet
from any property line adjoining property in an R-1, R-2, R-3 or R-4
District and at least 50 feet from any other property line.
(26)
Landfill, subject to:
(a)
The minimum site area shall be 50 acres.
(b)
The site shall have frontage on and direct vehicular
access to an arterial or collector road, as defined by this chapter.
(c)
All landfill operations shall be located at
least 1,200 feet from any occupied dwelling.
(d)
The driveway or haul road entering the site
from a public street shall be paved for a distance of 600 feet from
the public street.
(e)
A tire washing station shall be located on the
site to service trucks exiting the facility.
(f)
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 conditional
use approval 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 of the Township Engineer and shall be reconstructed
to current Township specifications for street construction.
(g)
Landfill operations shall not be conducted within
300 feet of any property lines adjoining residential use or R Residential
Zoning District classification.
(h)
All property lines adjoining any existing residential use or any R Residential Zoning District classification shall be screened by Buffer Area A, as defined by § 240-98A of this chapter. The buffer area shall be comprised of a combination of earthen mounding and the required plantings.
(i)
Fencing at least eight feet in height shall
be provided around any work area for security and to control windblown
refuse.
(j)
The applicant shall show compliance with applicable
state and federal laws regulating landfills.
(k)
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.
(l)
The required state and federal permits shall
be maintained throughout the duration of all operations. The applicant
shall notify the Zoning Officer of any suspension or revocation of
the required state or federal permits.
(m)
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.
(27)
Limitations on certain commercial uses in the
R-4 District and C-1 and C-2 Districts, subject to:
(a)
The lot shall have frontage on and direct vehicular
access to Station or Main Streets or to any arterial or collector
street, as defined herein.
(b)
In the R-4 District, the structure shall have
a minimum gross floor area, excluding area in the basement or attic,
of 3,500 square feet or more.
(c)
In the R-4 District, the uses shall be limited
to one or more of the following:
[1]
Professional office;
[2]
Personal services;
[3]
Business services;
[4]
Bicycle rental or repair;
[5]
Take-out restaurant, delicatessen or food store;
[6]
Ice cream shop or confectionery;
[7]
Florist or gift shop;
[8]
Craft or hobby shop;
[9]
Apartment in combination with business;
[10]
Travel agent; retail sales of
sporting goods or other retail or service uses directly related to
the Panhandle Trail or other recreational areas.
(d)
In the R-4 District, the minimum lot area shall
be 10,000 square feet; the minimum lot width shall be 100 feet.
(e)
All other area and bulk regulations applicable
to "other uses" in the R-4 District shall apply.
(f)
Uses along the Panhandle Trail shall provide
bicycle parking in addition to the required parking for motorized
vehicles.
(g)
In the C-1 District, the maximum floor area
per business establishment shall be 5,000 square feet.
(h)
Research and development and high technology
industries shall be limited to those activities that do not involve
any products or processes that use or produce any hazardous material
as classified by the U.S. Environmental Protection Agency (US EPA)
or Pennsylvania Department of Environmental Protection (PA DEP).
(i)
Landscaping contractors and florists with greenhouses
shall maintain a twenty-foot setback for all outdoor growing areas
and storage areas from the side or rear property line. The greenhouse
shall comply with yard requirements for principal structures.
(j)
There shall be no outside storage of materials
or equipment associated with any business, except that a landscaping
contractor or florist with greenhouse may store a limited supply of
products that aid in the growth and care of flowers, plants and trees,
provided the storage area is screened by a six-foot evergreen hedge
or fence along any property line that adjoins any R Residential Zoning
District.
(k)
All uses in the C-1 District that are subject
to these criteria shall be located at least 500 feet from any school
or single-family dwelling.
(l)
All uses in the C-1 District that are subject
to these criteria shall not employ more than 30 persons on the peak
shift.
(m)
Car washes shall be designed to accommodate
surface water runoff and to minimize any noise impacts from washing
and drying equipment.
(28)
Mineral removal, subject to:
(a)
Incidental mineral removal, as defined herein,
shall be excluded from these regulations and the requirement to obtain
approval of a conditional use application, provided evidence is presented
to the Township that all applicable requirements of the Pennsylvania
Department of Environmental Protection (PA DEP) are met.
(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
or rivers or streams now or hereafter designated by the Pennsylvania
Fish Commission as a "wilderness trout stream," by the Pennsylvania
Department of Environmental Protection 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 the property line of any public building, school, church,
community or institutional building, commercial building, public park
or private recreational area, unless approved by the Pennsylvania
Department of Environmental Protection (PA DEP).
(e)
No mineral removal shall be conducted within
100 feet of the outside right-of-way line of any public street, except
where access roads or haul 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 the property line of a cemetery, unless approved by the
Pennsylvania Department of Environmental Protection (PA DEP).
(h)
No mineral removal shall be conducted within
300 feet of the property line of an occupied dwelling, unless the
consent of the owner has been obtained in advance of the filing of
the application for zoning approval.
(i)
The applicant shall submit to the Township a
copy of all materials provided to the Pennsylvania Department of Environmental
Protection (PA DEP) with the permit application.
(j)
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 Township streets and shall design the
hauling routes for the mineral removal operation to minimize the impact
on local streets within the Township.
(k)
The operator shall post a bond in favor of the
Township and in a form acceptable to the Township prior to beginning
operations to guarantee restoration of Township streets which may
be damaged during the mineral removal operations.
(l)
If blasting is to be undertaken, notice shall
be given to the Township at least 24 hours' in advance. Blasting shall
not occur between the hours of 7:00 p.m. and 7:00 a.m.
(m)
If blasting is to be undertaken, a seismograph
shall be placed on the site during all times when blasting is performed.
The seismograph shall be monitored by an independent engineering consultant
whose credentials are acceptable to the Township.
(n)
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.
(o)
The applicant shall comply with all applicable
state and federal regulations and shall show evidence of obtaining
the required state and federal permits, including proof of insurability,
before initiating any work and shall maintain 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.
(p)
Approval of the conditional use shall expire
if work authorized in the application for the conditional use is not
commenced within six months of the date of approval of the conditional
use application by the Board of Commissioners, unless the applicant
submits a written request for an extension prior to the expiration
of the six months after the date of approval.
(q)
Once work is initiated under an approved application
for conditional use, zoning approval shall be valid for a period of
one year from the date of conditional use approval by the Board of
Commissioners. An application for renewal of zoning approval shall
be submitted prior to the expiration of zoning approval and shall
be approved by the Zoning Officer upon demonstration by the applicant
that all conditions of approval of the conditional use 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.
(r)
During the mineral removal operation, the Township
Engineer may inspect the site at the request of the Board of Commissioners
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.
(29)
Mini-warehouses or self-storage buildings, subject
to:
(a)
The minimum site area required shall be four
acres.
(b)
The site shall have frontage on and direct vehicular
access to an arterial or collector street, as defined by this chapter.
(c)
Vehicular access to the site shall be limited
to one two-way or two one-way driveways connecting to the nearest
public street.
(d)
All interior driveways shall be paved with an
impervious surface sufficient for the loads the driveways are expected
to bear.
(e)
Within the site, all driveways shall be a minimum
of 25 feet wide. Traffic circulation shall be subject to review and
approval by the Board of Commissioners upon the recommendation of
its Traffic Engineer.
(f)
Parking shall be provided in accordance with the requirements of § 240-112C and shall be located near the office.
(g)
Buffer Area A shall be provided in accordance with the requirements of § 240-98A of this chapter along all property lines which adjoin residential use or R Residential Zoning District classification.
(h)
The perimeter of the site shall be fenced with
a minimum eight-foot-high chain link fence with self-latching gate.
Where outside storage is authorized, the fence around the outside
storage area shall be supplemented with screening material which creates
a visual barrier that is at least 80% opaque.
(i)
No rooftop HVAC units shall be permitted.
(j)
The maximum size of any storage unit shall be
15 feet wide, 40 feet deep and one story but no more than 20 feet
in height.
(k)
The maximum lot coverage by all buildings shall
not exceed 50%, unless the developer provides additional landscaping
and planting as may be approved by the Board of Commissioners.
(l)
Office space may be provided which shall not
exceed 5% of the total floor area devoted to storage.
(m)
No storage shall take place outside of a completely
enclosed building.
(n)
Storage units shall not be equipped with water
or sanitary sewer service.
(o)
No business activity other than rental of storage
units shall be conducted on the premises, except for services and/or
items ancillary to the provision of storage services.
(p)
Operations shall be regulated so that nuisances
such as visual blight, trash, glare, noise, blowing debris and dust
shall not be created or maintained.
(q)
Exterior finishes of the storage units shall
be compatible with the material comprising the exterior finish of
buildings on adjoining properties.
(r)
No sign shall be placed on the buildings except
for informational and directional signs and one business identification
sign on the office building portion of the facility. No signs shall
be placed on rooftops.
(s)
No hazardous materials or substances shall be
permitted to be stored in the storage buildings other than those permitted
by the Township Building or Fire Prevention Codes.[3] Both the landlord and the tenants shall be responsible
for prevention of the storage of hazardous materials or substances
in the storage buildings that are not in compliance with the Township
Building or Fire Prevention Codes. Written notice shall be given to
all prospective tenants of this restriction on materials and substances
permitted to be stored.
(t)
A minimum of one fire hydrant shall be provided
on the site, subject to approval by the Township Zoning Officer after
consultation with the Fire Chief of the responding fire company.
(30)
Mobile home park, subject to:
(b)
The minimum site required for a mobile home
park shall be five acres.
(c)
The site shall be served by public sewers.
(d)
The minimum mobile home lot shall be 6,000 square
feet.
(e)
The minimum yard requirements for each mobile
home lot shall be 25 feet for front yards, 20 feet for rear yards
and 10 feet for side yards. Such yards shall be measured from the
perimeter of the mobile home slab. Carports or parking pads may be
located in the required side yard.
(f)
Every mobile home slab shall have access to
a public or private street in accordance with the requirements of
the Township Subdivision and Land Development Ordinance.
(g)
Each mobile home lot shall provide two off-street
parking spaces.
(31)
Mobile home sales, service and storage, subject
to:
(a)
The minimum lot area required shall be five
acres.
(b)
The property shall have frontage on and direct
vehicular access to an arterial or collector street.
(c)
The minimum dimensions of the area devoted to
the display of each vehicle shall be 16 feet wide by 24 feet deep.
(d)
The area used for display of merchandise offered
for sale and the area used for parking of customer and employee vehicles
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 equivalent or superior character as approved
by the Township Engineer.
(e)
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 240-141 of this chapter.
(f)
All lots used for the outdoor display of vehicles
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 sales,
servicing repair and customer car washing shall be performed.
(g)
No vehicle offered for sale shall be parked
on adjacent property or in any public street right-of-way.
(h)
All lights and lightpoles 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.
(i)
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.
(j)
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 XVIII of this chapter.
(k)
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.
(32)
Nursing home, subject to:
(a)
The minimum lot area required shall be two acres.
(b)
The site shall have frontage on and direct vehicular
access to an arterial or collector street, as defined herein.
(c)
The maximum number of beds authorized shall
be based on the ratio of 10 beds per acre of site area or portion
thereof.
(d)
The property shall be served by public water
and public sewers.
(e)
All nursing homes shall be licensed by the commonwealth
and the license shall be maintained throughout the occupancy. Failure
to maintain the license shall be grounds for revocation of the certificate
of occupancy.
(f)
Water pressure and volume shall be adequate
for fire protection.
(g)
Ingress, egress and internal traffic circulation
shall be designed to ensure access by emergency vehicles.
(h)
The parking and circulation plan shall be referred
to the Township Police Department and volunteer fire company for comments
regarding traffic safety and emergency access.
(i)
Nursing homes shall have a bed capacity of at
least 20 beds, but no more than 200 beds.
(j)
All property lines adjoining residential use or R Residential Zoning District classification shall be screened by Buffer Area B, as defined by § 240-98A of this chapter.
(k)
Disposal of medical waste shall be in accordance
with all applicable permits and handling requirements of the Pennsylvania
Department of Environmental Protection (PA DEP) and the U.S. Environmental
Protection Agency (EPA).
(33)
Public parking lot or public parking garage,
subject to:
(a)
All public parking lots or public parking garages
shall be designed to have direct vehicular access to an arterial or
collector street, as defined by this chapter.
(b)
All public parking lots or public parking garages
shall be designed to minimize traffic congestion on the site or within
the public parking garage and for traffic entering or leaving the
site or public parking lot or public parking garage.
(c)
The design of any public parking garage proposed
to be located on property which adjoins an R Residential Zoning District
shall take into account the height, visual, light and air impacts
on adjoining residences and shall utilize architectural materials
for the exterior walls facing those residential areas which are compatible
with the residential character of adjoining properties.
(d)
The maximum height of any public parking garage
shall be two stories but no more than 30 feet above the ground. The
maximum number of stories permitted below grade shall be three stories
but no more than 45 feet.
(e)
Any public parking garage, whether proposed
as a principal structure or an accessory structure, shall comply with
the yard requirements for a principal structure.
(f)
Any off-site public parking lot which is reserved,
in part, for the customers or employees of a specific use shall be
located within 500 feet of the specific use which it is intended to
serve.
(34)
Planned economic development, subject to:
(a)
The application for conditional use approval
shall include an illustrative site plan for the entire development
site indicating the location of one or more of the following components:
(b)
The illustrative site plan shall also indicate
the availability of utilities and layout of streets and proposed lots
within each component; however, the illustrative site plan shall not
be required to meet the standards prescribed by the Subdivision and
Land Development Ordinance for an application for preliminary approval,
provided there is a sufficient basis to evaluate the feasibility of
the proposed development, the interrelationship among the components
and the potential traffic and environmental impacts of the proposed
development.
(c)
Once conditional use approval is granted to
the planned economic development, an application for preliminary and
final approval of a major subdivision shall be submitted in accordance
with the Township Subdivision and Land Development Ordinance to record
the lots shown in the illustrative site plan in one or more phases.
(d)
Once conditional use approval is granted to
the layout of streets, lots and planned development components in
the planned economic development, the permitted principal and accessory
uses authorized within the approved planned development components
may be established on the recorded lots within the approved planned
economic development subject only to land development plan approval
as required by the Township Subdivision and Land Development Ordinance.
(e)
Any substantive change in the layout of streets,
lots or planned development components within an approved planned
economic development shall be subject to submission of a revised conditional
use application and conditional use approval of the revised planned
economic development.
(f)
After conditional use approval of the illustrative site that includes an open space design option component, the open space design option shall be subject to the development standards and approval procedure specified in Article XIV.
(g)
The application for conditional use approval
shall include a traffic impact study prepared in accordance with the
requirements of Township Ordinance No. 4 of 2001, as now or hereafter
amended.
(h)
The Board of Commissioners shall determine whether
the design of the proposed major street network shall provide safe
and efficient flow of traffic through the site, prevent congestion,
accommodate peak traffic demands without hazard or great delay and
provide accessibility for emergency vehicles.
(i)
The illustrative site plan shall be accompanied
by evidence that the site can be serviced by public water and sewer
systems.
(j)
Where two or more planned development components
are proposed in a planned economic development, the applicant shall
demonstrate that adjacent uses are compatible and that appropriate
landscaped and other buffers, including earthen mounding, differences
in elevation, distances between dissimilar uses or intervening common
open spaces, have been provided.
(k)
The applicant shall demonstrate that the proposed
planned development components are compatible with adjacent land uses
outside the planned economic development site.
(l)
Nonresidential uses within a planned economic
development site shall maintain a perimeter setback of 200 feet from
any adjacent R Residential Zoning District.
(m)
Buffer Area A as defined by § 240-98A shall be provided in the perimeter setback wherever buildings or parking areas adjoin residential use or R Residential Zoning District classification. The buffer area shall be installed for a distance along the property line that is equivalent to the length of the building or parking area it is intended to buffer plus an additional 100 lineal feet beyond the building or parking area in both directions.
(n)
A minimum of 35% of the gross site area shall
be reserved and maintained as public or private open space.
(35)
Planned research or technology park or planned
industrial park, subject to:
(a)
The site shall have frontage on and direct vehicular
access to an arterial or collector street as defined by this chapter.
(b)
The minimum site area required shall be five
acres.
(c)
Once the improvements are completed in an approved
planned research or technology park or planned industrial park, lots
within an approved and recorded planned research or technology park
or planned industrial park may be sold and developed as independent
entities for any authorized use in the zoning district.
(d)
Only the uses permitted by right or authorized
as conditional uses or uses by special exception in the zoning district
in which the planned research or technology park or planned industrial
park is located shall be permitted in the planned research or technology
park or planned industrial park.
(e)
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.
(f)
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.
(g)
The entire perimeter of a planned research or technology park or planned industrial park site shall be screened by the Buffer Area A as defined by § 240-98A of this chapter.
(h)
A minimum of 25% of the gross site area shall
be reserved and maintained as public or private open space.
(36)
Planned shopping center, subject to:
(a)
The minimum site required shall be five acres.
(b)
The site shall have frontage on and direct vehicular
access to an arterial or collector street as defined by this chapter.
(c)
Once the improvements are completed in an approved
planned shopping center, lots within the approved and recorded planned
shopping center may be sold and developed as independent entities
for any authorized use in the district.
(d)
Only 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)
Buffer Area A, as defined by § 240-98A of this chapter shall be provided along all property lines which adjoin any R Residential Zoning District.
(f)
Sidewalks shall be installed in front of all
stores.
(g)
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 shall be dedicated for common access,
where necessary.
(h)
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.
(i)
Site lighting, if proposed, shall be designed
with cutoff luminaires with a maximum cutoff angle of 60°. (See
illustration in Appendix B[5].) The maximum illumination at any property line adjoining
property in any R Residential Zoning District shall be 0.2 footcandle.
[5]
Editor's Note: Appendix B is included at the end of this chapter.
(j)
A minimum of 20% of the gross site area shall
be reserved and maintained as public or private open space.
(37)
Private club, subject to:
(a)
In the R-1 District, the minimum site required
shall be 10 acres.
(b)
The site shall have frontage on and direct vehicular
access to an arterial or collector street.
(c)
The minimum required setback from any property
line adjoining residential use or R Residential Zoning District classification
shall be 75 feet.
(d)
Buffer Area B, as defined by § 240-98A of this chapter shall be provided along all property lines that adjoin any R Residential Zoning District.
(e)
Any establishment which includes a restaurant shall further be subject to the off-street parking requirements of Article XVII for the portion of the building devoted to restaurant use.
(f)
Any rental of the facility to non-members shall
require on-site management and/or security personnel during the event.
(g)
Activities on the site and within the building shall comply with the noise standards specified in § 240-96 of this chapter.
(h)
Any private club that includes a shooting range shall comply with § 240-95A(47) of this chapter.
(38)
Public recreation, other than Township-related
facilities, and noncommercial recreation, subject to:
(a)
A minimum lot area of five acres shall be required;
however the minimum lot area required may be reduced to not less than
15,000 square feet for public recreation facilities which are located
in established neighborhoods within walking distance of the residents
they are intended to serve.
(b)
In R Residential Districts, all recreational
facilities and parking areas shall be located at least 50 feet from
any property line.
(c)
Buffer Area C, as defined by § 240-98A of this chapter shall be provided where parking for the use or other intensively used facilities such as ball fields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or R Residential Zoning District classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or R Residential Zoning District classification.
(e)
In R Residential Zoning Districts, lighting
shall not be permitted. In all other districts, all lighting shall
be shielded away from adjoining streets and properties.
(f)
Any outdoor facility located within 200 feet
of an existing dwelling shall cease operations at 9:00 p.m.
(39)
Public utility building or structure, subject
to:
(a)
The minimum lot area required shall be 20,000
square feet.
(b)
Maintenance vehicles shall be stored within
a completely enclosed building.
(c)
Outdoor storage of materials or equipment, other
than maintenance vehicles, shall be permitted only if the storage
area is completely enclosed by a minimum eight-foot fence with locking
gate and is screened by one-hundred-percent opaque screening material
placed in the fencing or by a six-foot dense, compact evergreen hedge,
or as determined by the Board of Commissioners as adequate to ensure
the protection of adjacent residential properties considering topography
and sight lines.
(d)
Any area of the building which is used for business offices shall comply with the parking requirements of Article XVII of this chapter for that use. Any area of the building which is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
(40)
Retirement community, subject to:
(a)
The minimum site required for a retirement community
shall be 20 acres.
(b)
The site proposed for a retirement community,
as defined herein, shall have frontage on and direct vehicular access
to a street classified by this chapter as an arterial or collector
street. Access to local Township streets shall not be permitted, except
that a secondary controlled "emergency only" access may be provided
from a local Township street, if approved by the Township.
(c)
A retirement community may include one or more
of the following dwelling types:
(e)
In addition, a retirement community shall include
one or more of the following supporting uses, subject to approval
by the Township:
[1]
Postal station for use of the residents and
staff only;
[2]
Banking facility for use of the residents only;
[3]
Pharmacy and/or medical offices for use of the
residents only;
[4]
Personal services for the use of the residents
only, including beauty shop, barbershop, common laundry facilities,
dry cleaning valet;
[5]
Ice cream parlor and/or florist/gift shop for
the use of residents and their invited guests only;
[6]
Personal care boarding home licensed by the
commonwealth;
[7]
Nursing home licensed by the commonwealth;
[8]
Elderly day-care center licensed by the commonwealth;
[9]
Taxi, van or similar transportation services
for the residents.
(f)
The maximum dwelling unit density permitted
in a retirement community shall be 12 dwelling units per acre.
(g)
No principal structure shall be less than 50
feet from any property line adjoining property in any R Residential
Zoning District. Along all other property lines, no principal structure
shall be less than 20 feet from any property line of the development
site.
(h)
Buffer Area B, as defined by § 240-98A of this chapter shall be provided along all property lines adjoining property in any R Residential Zoning District.
(i)
There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boarding home is proposed, parking shall be provided in accordance with the requirements of § 240-112 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.
(j)
Sidewalks shall be provided to connect buildings,
common outdoor areas and parking areas.
(k)
The site design shall include outdoor common
areas, gathering places and passive or active recreation facilities
appropriate to the needs of the residents. Common outdoor areas shall
be attractively landscaped.
(41)
Supporting commercial uses in a planned industrial
park or a planned research or technology park, subject to:
(a)
Supporting commercial uses shall be limited
to one or more of the following uses:
[1]
Business services.
[2]
Travel agency.
[3]
Pharmacy in a building housing medical offices,
a clinic or a diagnostic or testing facility.
[4]
Sale of medical supplies and equipment in a
building housing medical offices, a medical clinic or diagnostic or
testing facility.
[5]
Newsstand or tobacco shop.
[6]
Card and gift shop or stationery store.
[7]
Beauty shop or barbershop.
[8]
Coffee shop, delicatessen or sandwich shop providing
either sit-down or take-out service primarily for convenience of employees
of the industrial park or research or technology park.
[9]
Restaurant.
(b)
Supporting commercial uses may be located on
the ground or first floor of any principal building or in a freestanding
principal or accessory building.
(c)
Off-street parking for the restaurant shall be provided in accordance with the requirements of Article XVII of this chapter for the use.
(d)
Off-street parking for the supporting commercial
uses shall be provided at the ratio of one parking space for each
500 square feet of gross floor area.
(42)
Temporary uses or structures, other than construction
trailers, model homes or sales offices, subject to:
(a)
A transient merchant license, if required by
Township ordinance, shall be obtained.
(b)
The proposed temporary use or structure shall
be limited to those uses or structures otherwise authorized in the
zoning district.
(c)
In the C-1 and C-2 Districts, preparation and/or
serving of food in an outdoor setting shall be permitted only if all
of the following requirements are met:
[1]
The preparation and serving of food which is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, a certificate of occupancy shall be obtained from the Township Zoning Officer subject to the applicant demonstrating compliance with the standards and criteria of this § 240-95A(42).
[2]
Evidence of an approved permit from the Allegheny
County Health Department or its successor agency.
[3]
The preparation and serving of food shall not
be permitted on any vacant lot and shall only be permitted on the
site of an existing business.
[4]
The area used for preparing and serving the
food shall not obstruct any sidewalk or public right-of-way nor shall
it obstruct the free flow of pedestrian or vehicular traffic on the
site or adjoining the site. On any sidewalk, there shall be maintained
a minimum of five feet unobstructed width for the passage of pedestrians
and, in the case where there is parallel parking permitted along such
sidewalk, a minimum of four feet adjacent to the curb to permit the
discharging of passengers shall be provided. These required unobstructed
areas on the sidewalk may be combined into one area at least five
feet wide along the curb.
[5]
No noise or odor shall emanate from such outdoor
area where food is prepared and/or served which adversely affects
any adjoining property in an R Residential Zoning District located
within 300 feet of the outdoor area.
[6]
The area used for preparing and serving food
shall not eliminate the availability of any existing parking spaces
on the site.
[7]
The activity shall comply with all applicable
Township codes and ordinances.
[8]
The site intended to be used for the preparation
and/or serving of food shall provide restroom facilities available
to the public, unless the existing business on the site has restroom
facilities which will be available to the public visiting the temporary
use.
[9]
The owner of the existing business or the operator
of the temporary use involving the preparation and/or serving of food
in an outdoor setting shall provide the Township with a certificate
of insurance, in an amount at least equal to $2,000,000 per occurrence
and $3,000,000 aggregate, indemnifying the Township against any liability
resulting from such use.
(d)
Approval of temporary uses or structures shall
be granted for a specific time period not to exceed six months. If
continued need for the temporary use or structure on an annual basis
is demonstrated by the applicant, approval may be granted for annual
renewal by the Zoning Officer of the temporary use permit for the
temporary use or structure, provided all conditions of the original
approval are maintained.
(e)
All temporary uses or structures shall be removed
within 10 days of the expiration of the specific period for which
the structure or use is approved.
(f)
All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 240-112 for the proposed use.
(g)
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 lot and not impede the free flow of
traffic for any other permanent use or structure on the lot.
(h)
All temporary uses or structures proposed to
be used as principal uses or structures shall comply with all area
and bulk regulations of 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.
(i)
Temporary uses or structures which are authorized
for a particular event shall be removed within 48 hours after the
completion of the event.
(j)
Temporary uses or structures 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 lot.
(43)
Truck and heavy equipment rental, sales and
service, subject to:
(a)
The minimum site required shall be one acre.
(b)
The site shall have frontage on and direct vehicular
access to an arterial or collector street, as defined by this chapter.
(c)
No vehicle or other merchandise displayed outdoors
shall be less than five feet from any property line. No vehicle or
equipment shall be parked on adjacent property or in any public street
right-of-way.
(d)
No vehicle shall be displayed or offered for
sale which does not have all of the mechanical and body components
necessary for its safe and lawful operation.
(44)
Truck terminal, subject to:
(a)
The site shall have frontage on and direct vehicular
access to an arterial or collector street as defined by this chapter.
(b)
The site shall not be located within 1,200 feet
of any occupied dwelling measured in a straight line along a public
street from any site boundary to the nearest wall of any dwelling.
(c)
Ingress, egress and internal traffic circulation
shall be designed to ensure safety and minimize congestion.
(d)
Site lighting shall be designed with cutoff
luminaires that have a maximum cutoff angle of 60°. (See illustration
in Appendix B.[6]) The maximum illumination at any property line shall be
0.2 footcandle.
[6]
Editor's Note: Appendix B is included at the end of this chapter.
(e)
All property lines adjoining residential use or R Residential Zoning District classification shall be screened by Buffer Area A as defined by § 240-98A of this chapter.
(f)
Off-street parking and loading shall be provided in accordance with the requirements of Article XVII of this chapter.
(g)
All materials and equipment shall be stored
within a completely enclosed structure.
(h)
No repair of vehicles shall be permitted.
(i)
No shipping or receiving shall be permitted
within 300 feet of a property in an R Residential Zoning District
between the hours of 6:00 p.m. and 7:00 a.m.
(45)
Washington Pike Overlay District conversion
of dwelling or construction of new building, subject to:
(a)
The following regulations shall apply to any
existing dwelling located within the Washington Pike Overlay District
and to any new nonresidential building constructed on a vacant lot
existing in the Washington Pike Overlay District on the date of adoption
of these regulations or on a vacant lot created by the removal of
an existing dwelling certified by the Township as condemned or eligible
to be condemned. All new construction shall be designed to have a
residential appearance.
(b)
The proposed use shall not generate in excess
of 30 a.m. or 30 p.m. peak hour trips based on the ratios specified
in the most recent edition of the Institute of Transportation Engineers
(ITE) Trip Generation Manual.
(c)
All applicable minimum area and bulk regulations of Article XIII, Washington Pike Overlay District, shall be met.
(d)
No conversion of accessory structures to a principal
use shall be permitted.
(e)
The residential character of the structure shall
be maintained. Exterior alterations of the dwelling shall be permitted
to comply with fire safety regulations, to modify entrances or to
enclose porches. The total floor area devoted to office or customer
use may be enlarged by an addition to the structure which shall not
exceed an additional 1,500 square feet, provided that the parking
requirements for the proposed use can be met on the lot and that the
maximum impervious lot coverage does not exceed 35% of the total area
of the lot.
(f)
Parking shall be provided based on the ratio
of one parking space for each 200 square feet of floor area of building
devoted to office or customer use.
(g)
All parking areas shall be designed in accordance with the requirements of § 240-111 of this chapter, including the paving of all driveways and parking areas.
(h)
All driveways designed for two-way traffic shall
be a minimum of 22 feet in width. All driveways designed for one-way
traffic shall be a minimum of 12 feet.
(i)
Parking shall not be permitted in the minimum
required side yard.
(j)
Adequate area shall be provided on the lot for
vehicles to turn around so that traffic will not be required to back
onto the cartway of any public street.
(k)
All parking spaces shall be screened by a buffer area comprised entirely of evergreen planting which is at least five feet in depth as measured from the property line and which meets the standards of a buffer area, as defined in § 240-9 of this Zoning Ordinance, within three years from the date of installation. Screening of parking spaces located on the front yard shall not obstruct visibility for traffic entering or leaving the lot or traveling on Washington Pike.
(l)
All property lines adjoining residential use or R Residential Zoning District classification shall be screened by Buffer Area C as defined in § 240-98A.
(m)
In addition to the required buffer areas, at
least 10% of the area of the front yard shall be landscaped in trees
and shrubs in accordance with a landscaping plan approved by the Board
of Commissioners.
(n)
Approval shall be subject to posting of surety
in a form acceptable to the Township to guarantee the replacement
of landscaping materials, if necessary, within one year of the date
of installation.
(o)
There shall be no outside storage. Dumpsters
or other outside trash pickup areas shall be completely enclosed by
a six-foot-high screening fence and/or six-foot evergreen hedge.
(p)
The maximum surface area of a business identification
sign shall be 18 square feet. The business identification sign shall
be constructed of materials which are compatible with the architectural
characteristics of the building on the site and on adjoining properties.
(q)
The business identification sign shall be permitted to be either attached to the wall of the building or a freestanding ground sign located at least 15 feet from any property line. The maximum height of a freestanding sign shall be six feet. Signs shall comply with all other general regulations of Article XVIII.
(r)
No exterior lighting shall be permitted other
than residential style accent or security lighting.
(s)
Vehicular access shall be restricted to Washington
Pike subject to PennDOT's approval. In no case, shall access be permitted
from an intersecting street with single-family dwellings fronting
on it.
(t)
In the event that two adjoining properties are
either constructed for or converted to any authorized nonresidential
use, either simultaneously or in sequence, the feasibility of sharing
a common driveway with one point of access to Washington Pike shall
be investigated by the applicant and, if feasible, shall be permitted
subject to evidence of a two-party agreement and PennDOT approval.
(u)
For any newly constructed building that meets
the requirements of Township Ordinance No. 4 of 2001, as now or hereafter
amended, a traffic impact study shall be submitted with the application
for conditional use approval. The proposed use and circulation system
shall be subject to favorable review by the Township's traffic engineering
consultant of the means of ingress/egress and sight distance.
(v)
In order to qualify for conditional use approval,
the lot shall have frontage on a public street right-of-way with a
width of 60 feet. The applicant may dedicate the pro rata share of
the required right-of-way as a condition of approval.
(46)
Nightclub, subject to:
(a)
Nightclubs shall cease operations between the
hours of 2:00 a.m. and 5:00 a.m.
(b)
There shall be no noise or vibration discernible
along any property line greater than the average noise level occurring
on adjacent streets and properties.
(c)
All operations shall be conducted within a completely
enclosed building and doors and windows shall remain closed during
hours when entertainment is presented.
(d)
The owner/operator of the nightclub shall provide
private security, licensed under the laws of the commonwealth of Pennsylvania,
if the maximum permitted occupancy of the nightclub exceeds 100 persons.
(e)
Any nightclub which proposes a maximum permitted
occupancy of 200 or more persons shall be located at least 500 feet
from any property line which adjoins an R Residential Zoning District
classification.
(f)
Any nightclub which offers adult entertainment, as defined herein, shall be further subject to § 240-95A(1) of this chapter.
(47)
Shooting range, subject to:
(a)
The minimum site required shall be 20 acres.
(b)
Discharging of firearms and archery shall not
be permitted within 1,000 feet of any existing residence.
(c)
Outdoor discharging of firearms shall not be
permitted between the hours of dusk and 8:00 a.m.
(d)
Any other outdoor activity within 300 feet of
an existing residence shall cease operations at sunset.
(f)
Two parking spaces shall be provided for each
shooting position or station.
(g)
All properties adjoining residential use or zoning classification shall be screened by Buffer Area B as required by § 240-98 of this chapter.
(h)
Outdoor lighting shall be shielded and reflected
away from streets and adjoining properties.
(48)
Agricultural sales, as defined herein, subject
to:
(a)
All sales shall be conducted on the premises
of a farm, as defined and regulated by this chapter.
(b)
Products sold shall include products raised,
grown or produced on the farm and may include related food products
such as cider, jellies, pies, baked goods and similar items.
(c)
All permanent structures shall comply with the
yard requirements for principal structures in the R-1 District.
(d)
Seasonal roadside stands shall be located no
closer than 15 feet to any street right-of-way or property line, and
shall be removed at the end of each growing season.
(e)
Buildings used for retail sales of agricultural
products shall not exceed 1,000 square feet of gross floor area devoted
to sales for every 10 acres of land farmed. No building used for the
sale of agricultural products shall exceed 5,000 square feet of sales
area.
(g)
Off-street parking for seasonal roadside stands shall be designed in accordance with § 240-111; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
(h)
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 240-112 for retail businesses; however, in no case shall less than 10 spaces be provided. The requirement to pave these parking spaces shall be waived, provided a dust-free, all-weather surface is installed.
(i)
Adequate ingress, egress and traffic circulation
shall be provided so that vehicles do not back onto the street right-of-way
and do not park or stand on any street or berm.
(j)
One nonilluminated freestanding sign shall be
permitted to announce the agricultural sales, provided the maximum
surface area of the sign shall not exceed 24 square feet, the height
of the sign shall not exceed eight feet and the sign shall be located
no closer than 10 feet to any property line or street right-of-way.
(49)
Temporary construction trailer, model home or
sales office, subject to:
(a)
Temporary construction trailers shall be permitted
only during the period that the construction work is in progress under
a valid building permit or under Township approval to install public
improvements.
(b)
Temporary construction trailers shall be located
on the lot on which the construction is progressing and shall not
be located within 25 feet of any property line adjoining residential
use.
(c)
Temporary construction trailers shall be used
only as temporary field offices and for storage of incidental equipment
and supplies and shall not be used for any dwelling use whatsoever.
(d)
No signs or other advertising materials for
the project shall be attached to the temporary construction trailer;
however, the name of the construction company may appear on the trailer.
(e)
Class 3 materials, as classified by the National
Fire Protection Association (NFPA), shall not be stored in temporary
construction trailers.
(f)
The temporary construction trailer shall be
removed upon completion of the construction authorized under a building
permit or upon completion of the installation of the public improvements
in a plan of subdivision. In the event that construction is phased,
the temporary construction trailer shall be moved from the completed
phase to the next phase when 90% of the required improvements in the
completed phase have been installed as determined by the Township
Engineer.
(g)
Model homes or sales offices shall be permitted
only until 90% of the lots or dwelling units in the development are
sold. In the case of a phased development, the use of a model home
or sales office shall be permitted to continue only if the subsequent
phase is initiated within six months of the completion of 90% of the
lots or dwelling units in the prior phase.
(h)
Model homes shall be located on a separate lot
and shall meet all the requirements for permanent dwellings in the
zoning district in which they are located. Sales offices may be located
in a model home or may be located in a trailer located on a vacant
lot in the plan or on the site of construction. If the sales office
is located in a trailer, the trailer shall not be located within 25
feet of any property line adjoining residential use. No signs or other
advertising information shall be located on the outside of the trailer
or sales office.
(i)
Model homes or sales offices located in a trailer
shall not be utilized for any dwelling use whatsoever during the time
they are approved as a temporary use or structure in accordance with
the provisions of this section.
(j)
Model homes or sales offices shall be used primarily
for sales associated with the development in which they are located
and shall not be used as the only place of business for the listing
realtor.
(50)
Airport, subject to:
(a)
The application shall show the following information:
[1]
The approximate location, use and height of
all structures within 2,600 lineal feet of the ends of landing strips
and within 1,200 lineal feet of the side of landing strips.
[2]
The exact location of landing strips and the
use and height of structures on the immediate property.
[3]
The anticipated types of aircraft to be accommodated
and the volume of activity contemplated.
[4]
Plans for lighting and fuel handling shall be
submitted.
[5]
Copies of required approvals from all state
and federal agencies responsible for regulation of aircraft and aircraft
facility operations shall be supplied to the Township.
(b)
All airports and aircraft landing facilities
shall be subject to the airport zoning regulations as now or hereafter
adopted.
(c)
The minimum site required for such facilities
shall be 20 acres.
(d)
All airports and aircraft landing fields shall
show evidence of compliance with all Federal Aviation Administration
(FAA) and Pennsylvania Department of Transportation (Penn DOT) Bureau
of Aviation requirements.
(e)
Aircraft maintenance facilities shall show compliance
with all applicable federal and Pennsylvania Department of Environmental
Protection (PA DEP) regulations governing the storage and disposal
of fuel, oil and hazardous materials.
(f)
The site of an airport, aircraft landing field
or aircraft charter, rental or maintenance facility shall be completely
enclosed by a security fence which is at least eight feet in height.
(g)
Approach and departure shall be designed to
minimize noise impact on adjacent residential properties, subject
to the requirements of the FAA.
(h)
The perimeter of the site shall be buffered
by a combination of earthen mounds and landscaping to minimize the
noise and visual impacts on any adjoining residential properties.
(i)
Lighting shall be shielded away from adjacent
properties and streets.
(j)
The applicant shall submit proof of ownership
of liability insurance in an amount not less than $5,000,000 for any
one accident or occurrence.
(51)
Beer distributor, subject to:
[Added 4-16-2007 by Ord. No. 7-2007]
(a)
The lot shall have frontage on and direct vehicular
access to any arterial or collector street, as defined herein.
(b)
There shall be no outside storage of materials
or equipment associated with any business.
(c)
All uses in the C-2 District that are subject
to these criteria shall be located at least 250 feet from any school
or single-family dwelling.
(d)
The minimum required setback from any property
line adjoining residential use or R Residential Zoning District classification
shall be 75 feet.
(e)
Buffer Area B, as defined by § 240-98A of this chapter shall be provided along all property lines that adjoin any R Residential Zoning District.
(52)
Conditional uses, other than support services,
within the business park developments, subject to: Uses are only permitted
in a B-1 when part of a business park master plan. Such uses are not
permitted on individual lots outside of an approved business park
master plan.
[Added 3-19-2007 by Ord. No. 4-2007]
(a)
Hotel within business park development. The additional supporting services for the hotel, such as restaurants, meeting rooms, exercise room and swimming pool, may not comprise more than 20% of the total gross floor space of the hotel. Maximum number of rooms permitted equals 150. The building cannot be located at the front of the park, nor can it abut an arterial or collector road. The off-street parking requirements shall be in accordance with § 240-112C.
(b)
Research and development and high technology
industries shall be limited to those activities that do not involve
any products or processes that use or produce any hazardous material
as classified by the United States Environmental Protection Agency
(U.S. EPA) or Pennsylvania Department of Environmental Protection
(PA DEP).
(c)
Open space design residential development component
may not exceed 25% of the overall acreage of the master plan. All
design criteria for the open space component must comply with the
R-3 Zoning District open space design requirements.
(d)
There shall be no outside storage of materials
or equipment associated with any business.
(e)
Golf courses shall not be lighted for night
play and shall not include miniature golf courses, putting greens,
driving ranges, and similar activities operated as a business, but
may include a building for a golf shop, locker room, and snack bar
as an accessory use to a permitted golf course, provided that no such
building is located closer than 100 feet to adjoining property lines.
Practice greens and tees may accompany a standard nine-hole or eighteen-hole
golf course. All maintenance storage areas and equipment storage areas
shall be located at least 250 feet from any property line and 300
feet from any building.
(53)
Business park developments, subject to: All
support service uses presented in this section are subject to the
following regulations:
[Added 3-19-2007 by Ord. No. 4-2007]
(a)
Support service uses are only permitted in a
B-1 when part of a business park master plan. Such uses are not permitted
on individual lots outside of an approved business park master plan.
(b)
Support service uses are limited cumulatively
to 10% of the overall square foot of floor space set for permitted
uses within an approved business park master plan. At any time during
construction of the approved business park plan, the support services
cannot comprise more than 10% of the actual square footage build-out.
(c)
Support service uses may be located on the ground
or first floor of any principal building or in a freestanding principal
or accessory building.
(d)
Off-street parking for the supporting commercial uses shall be provided at the ratio of one parking space for each 500 square feet of gross floor area. Except for off-street parking for the restaurant, parking shall be provided in accordance with the requirements of Article XVII of this chapter for the use.
(e)
In any planned business park development, no
more than one each of the following uses is permitted:
|
Beauty shop or barber
| |
|
Commercial recreation
| |
|
Convenience store
| |
|
Coffee shop, delicatessen or sandwich shop
| |
|
Day-care center
| |
|
Dry cleaning
| |
|
Newsstand
| |
|
Restaurant, carry-out, no drive-through services
| |
|
Restaurant, fast food, no drive-through services
| |
|
Restaurant, sit-down, no drive-through services
|
(f)
Drive-through facilities are permitted, except
as noted. All drive-through facilities shall be limited to one bay.
(g)
Gas-pump and/or gas-fueling facilities shall
not be permitted.
(h)
There shall be no outside storage of materials
or equipment associated with any business.
(i)
All uses in the B-1 that are subject to these
criteria shall be located at least 500 feet from any school or single-family
dwelling.
(54)
Oil and gas development, subject to:
[Added 11-15-2010 by Ord.
No. 5-2010; amended 7-8-2015 by Ord. No. 1-2015; 7-13-2016 by Ord. No. 6-2016]
(a)
A conditional use application shall be accompanied with written
permission from the property owner(s) who has legal or equitable title
in and to the surface of the drill site or a demonstrable documentation
of the applicant’s authority to occupy the surface for the purpose
of mineral extraction. In addition, the application shall include
the proposed pipeline route from the oil and gas drill site to the
transmission line and how fluids will be brought to and from the site.
(b)
Conditional use approval is nontransferable without consent
from the Board of Commissioners, and shall automatically terminate,
unless extended, if drilling is not commenced within one year from
the date of issuance of the conditional use. The conditional use approval
may be extended by the Board of Commissioners upon written request
by the operator, after notice and hearing. The operator shall provide
proof that the requested conditional use permit for such location
has not changed.
(c)
The well site shall maintain a minimum distance from protected
structures, as set forth in the table below. The Township reserves
the right to increase any setback based on physical characteristics
of the site and evidence received at a hearing necessitating an increase
in the minimum setback, including but not limited to topography, wind
conditions, air modeling studies, woodlands, hydrogeological studies,
and distance from structures, parks, schools, and residential neighborhoods
as part of the conditional use process.
(d)
Oil and gas development well sites shall be permitted to occur
on property whose overall acreage is a minimum of 10 acres or larger.
Multiple property owners can combine adjoining parcels to achieve
the minimum acreage required.
[1]
Recognizing that the specific location of equipment and facilities
is an important and integral part of oil and gas development, as part
of the planning process, the operator shall locate the temporary and
permanent operations so as to minimize interference with Township
residents and future Township development activities as authorized
by the Township’s Board of Commissioners. Reference is made
to the table below which lists the minimum offset distance from the
well to the protected structure.
|
Setback Distances (minimum) from Protected Structures
| ||||
|---|---|---|---|---|
|
Residential Uses
(feet)
|
Nonresidential Uses
(feet)
| |||
|
R-1
|
1,700
|
R-1
|
1,700
| |
|
R-2
|
1,500
|
R-2
|
1,500
| |
|
R-3
|
2,800
|
R-3
|
2,800
| |
|
R-4
|
1,500
|
R-4
|
1,500
| |
|
C-1
|
1,000
|
C-1
|
500
| |
|
C-2
|
500
|
C-2
|
500
| |
|
B-1
|
500
|
B-1
|
500
| |
|
PED
|
1,000
|
PED
|
1,000
| |
|
I
|
1,000
|
I
|
0
| |
|
I-P
|
1,000
|
I-P
|
0
| |
|
CD-1
|
1,000
|
CD-1
|
1,000
| |
|
Special Uses
| ||||
|
School
|
2,500
|
Hospital
|
2,500
| |
|
Wetland > 5 acres
|
2,000
|
Pond/lake
|
500
| |
|
Gas station
|
1,500
|
Nursing home
|
1,250
| |
|
Mobile park home
|
1,000
|
Day care
|
1,500
| |
(e)
As part of the conditional use application, the applicant shall
have submitted all necessary applications for permits and plan approvals
to the PADEP. Prior to beginning the drilling site construction, the
applicant shall submit to the Township a copy of all permits [general
permits, well permit(s), joint permits, earth disturbance permit,
ESCGP-1, etc.] issued by the PADEP. In addition, the Township shall
be provided copies of all plans (erosion and sedimentation control,
grading, water management plan, water withdrawal plan, pollution prevention
contingency, alternate waste disposal, etc.) required and approved
by the PADEP. The Township Engineer shall be provided with a timeline
and activity schedule, and all required permits shall be maintained,
commencing at site construction and continuing throughout the duration
of drilling and production testing (hydraulic fracturing) operations.
Any suspension or revocation of permits or other penalties by the
PADEP shall be reported to the Township and shall constitute a violation
of Township zoning approval and may result in the suspension of zoning
approval.
(f)
Pre-drilling, post-hydraulic fracturing, and baseline water
survey requirements. Prior to drilling and post-hydraulic fracturing,
the operator shall be responsible for testing all existing water supplies
(surface and groundwater) within 1,000 feet of the surface location
of the well. The purpose of testing is to determine the baseline quality
and quantity of surface water and groundwater in the immediate vicinity
of the proposed well site and to evaluate resultant changes that may
occur or have an impact on the water supply of the site and surrounding
area. If a landowner refuses to allow the operator access to conduct
a survey, the operator shall show evidence of such refusal in accordance
with Pa. Code Title 25, Chapter 78, § 78.52(f). In addition,
prior to drilling, the operator will be required to drill a test well
outside of the limits of the well pad, but no more than 750 feet from
the well location, to a depth that intersects all known or viable
aquifers for the purposes of obtaining a baseline assessment of water
quality in the vicinity of the site. The test well shall be located
such that it is part of the hydrologic system of the drill site. All
testing shall adhere to the following:
[1]
Pre-drilling testing results, both from existing water supplies
and from the operator-drilled test well, shall be submitted as part
of the conditional use application.
[2]
Post-hydraulic fracturing testing shall be completed no sooner
than one month after hydraulic fracturing activities have ceased and
no later than two months after hydraulic fracturing activities have
ceased.
[3]
The post-hydraulic fracturing test results, both from existing
water supplies and from the operator-drilled test well, shall be submitted
to the Township, PADEP, and residents within 1,000 feet of the surface
location of the well in accordance with Pa. Code Title 25, Chapter
78, § 78.52, Predrilling or prealteration survey, within 10 days
of their receipt.
[4]
The operator shall be responsible for all costs associated with
drilling and testing and testing shall be done by an independent state-certified
water testing laboratory agreed upon by the Township.
[5]
Water quantity test. The operator shall hire a consultant (hydrogeologist)
agreed upon by the Township to conduct water quantity testing. The
consultant shall submit a pre-testing and a pre-drilling plan to be
approved by the Township. The consultant shall test for gallons per
minute (gpm) flow rates, yield, groundwater levels, and other pertinent
information for all viable aquifer zones via draw down tests or other
suitable means. The consultant shall measure and record flow rates
in gallons per minute (gpm) for all surface water sources. Groundwater
levels and other pertinent information via draw down tests or other
suitable means shall be measured from all available wells. Also, GPS
coordinate information shall be recorded for all surface water and
groundwater sites. The results shall be certified by the hydrologist.
[6]
Water quality test. Operators shall test for the following list
of parameters for all surface water and groundwater. The list is not
exhaustive and the Township reserves the right to add additional parameters:
|
Analyte
| ||||
|---|---|---|---|---|
|
Inorganic
|
Trace Metal
|
Organic
|
Microbiology
|
Other
|
|
Alkalinity
|
Barium
|
Ethane
|
Total Coliform/ E. Coli
|
Volatile organic compounds
|
|
Chloride
|
Calcium
|
Methane
|
Detergent (MBAs)
| |
|
Conductivity
|
Iron
|
Propane
|
Total organic carbon
| |
|
Hardness
|
Magnesium
|
Total petroleum hydrocarbons
|
Nitrate
| |
|
Oil/grease/ bromide
|
Manganese
|
Radionuclides gross alpha, radium
| ||
|
Ph
|
Potassium
|
Radon
| ||
|
Sulfate
|
Sodium
|
Lead
| ||
|
Total dissolved solids
|
Stontium
|
Total coliform bacteria
| ||
|
Residue filterable
|
Aluminum
| |||
|
Turbidity
|
Lithium
| |||
|
Ethylene glycol
|
Selenium
| |||
|
Acetone
|
Boron
| |||
(g)
Pre-drilling and post-hydraulic fracturing soil survey requirements.
Prior to drilling and post-hydraulic fracturing, the operator shall
be responsible for testing soil conditions within the area of the
drill site but no greater than 500 feet from the surface location
of the well. The purpose of testing is to determine the baseline soil
conditions in the immediate vicinity of the proposed well site and
evaluate resultant changes that may occur or have an impact on the
soils of the site and surrounding area.
[1]
Pre-drilling testing results shall be submitted as part of the
conditional use application.
[2]
Post-hydraulic fracturing testing shall be completed no sooner
than one month after hydraulic fracturing activities have ceased and
no later than two months after hydraulic fracturing activities have
ceased.
[3]
The results shall be submitted to the Township and PADEP within
10 days of their receipt.
[4]
The operator shall be responsible for all costs associated with
sample collection and testing and testing shall be done by an independent
state-certified testing laboratory agreed upon by the Township.
[5]
Operators shall test for the following list of parameters for
soils. The list is not exhaustive and the Township reserves the right
to add additional parameters:
|
Analyte
| |||
|---|---|---|---|
|
Inorganic
|
Trace Metal
|
Microbiology
|
Other
|
|
Alkalinity
|
Barium
|
Total coliform/E. Coli
|
Volatile organic compounds
|
|
Chloride
|
Calcium
|
Nitrate
| |
|
Hardness
|
Iron
|
Radionuclides gross alpha, radium
| |
|
Oil/grease/ bromide
|
Magnesium
|
Lead
| |
|
Ph
|
Manganese
| ||
|
Sulfate
|
Potassium
| ||
|
Residue: filterable
|
Sodium
| ||
|
Residue: nonfilterable
|
Stontium
| ||
|
Bromide
|
Arsenic
| ||
|
Zinc
| |||
|
Aluminum
| |||
|
Lithium
| |||
|
Selenium
| |||
|
Boron
| |||
(h)
Access directly to state roads shall require Pennsylvania Department
of Transportation (PADOT) highway occupancy permit approval. Prior
to initiating any work at a drill site, the Township shall be provided
a copy of the highway occupancy permit.
(i)
The applicant must provide the Township with a plan showing
the proposed truck routes to be utilized during the drilling operation.
The proposed hauling routes must be designed to minimize the impact
on Township roads. The Township reserves the right to designate reasonable
required truck hauling routes consistent with the Pennsylvania Motor
Vehicle Code and Pennsylvania Department of Transportation throughout
the Township. The Township shall consider all potential routes and,
when possible, designate routes that are the least intrusive to the
Township, its operation, and the general public. When determining
the least intrusive routes, the Township shall account for roadway
jurisdiction, traffic, physical characteristics/conditions, location
of school bus stops/routes, and the amount of residential units along
potential routes. Routes shall be coordinated with the school district
to minimize impact on peak school bus operation hours. Operators shall
be responsible for clearly posting designated routes with identification
signs in a manner (style and location) approved by the Township.
(j)
The applicant or owner of the oil or gas well shall execute
an excess maintenance agreement with the Township for a Type 2 permit
as per the Pennsylvania Code Chapter 189.4(B), Road Bonding, and post
a bond at the paved highway rate in favor of the Township in a form
acceptable to the Township prior to beginning any work on a drill
site. The bond is to guarantee restoration of Township roads and bridges
damaged as a result of hauling associated with the drilling operation.
(k)
Standing area.
[1]
An off-street area, at the entrance to the drill site and outside
of the road right-of-way, shall be provided for vehicles to stand
while gaining access so that normal flow of traffic on the public
street is undisturbed. Driveways accessing the drill site shall be
paved with an impervious material from the public street cartway 50
feet into the drill site. The impervious material shall be in place
prior to the commencement of the drilling operation. The first 50
feet from existing edge of pavement extending 50 feet into the site
shall consist of the following material:
[3]
Proper and adequate stormwater runoff controls for driveways
shall be installed to prevent concentration of runoff onto adjacent
properties or public streets.
(l)
As part of the conditional use application, the applicant/owner
shall provide the South Fayette Township Fire Department with a copy
of the PADEP approved preparedness, prevention and contingency (PPC)
plan. The applicant shall, prior to drilling its first gas well in
the Township, make available with at least 30 days' notice, at the
applicant's sole expense, one appropriate group training program for
emergency responders. Such training shall be made available at least
annually during any year that drilling activities take place at approved
drill sites.
(m)
As part of the conditional use application, the Township and
emergency management services shall be provided the name of the person
supervising the drilling operation and a phone number where such person
can be reached 24 hours a day. Also, a list of contact information
for all subcontractors associated with the oil and gas drilling operations
must be provided. The list shall include verification that all supervisors/operators
and subcontractors at the drill site are aware and understand this
subsection.
(n)
The access driveway off the public road to the drill site shall
be gated at the entrance to prevent illegal access into the drill
site. The drill site assigned address shall be clearly visible on
the access gate for emergency 911 purposes. In addition, the sign
shall include the well name and number, name of the operator and the
telephone number for a person responsible who may be contacted in
case of emergency. In lieu of a gate, the operator can provide 24/7
security on sites during the drilling operation.
(o)
Lighting. No drill site lighting used for or associated with
the drilling operation shall be positioned or directed in such a manner
so that it shines directly upon public roads, adjacent property or
property in the general vicinity of the drill site. Site lighting
shall be directed downward and shielded so as to avoid glare on public
roads and adjacent properties. Lumen levels shall not exceed zero
footcandle at the property line.
(p)
Dust, vibration, odors. All drilling operations shall be conducted
in such a manner to minimize dust, vibration or noxious odors. All
equipment used shall be constructed and operated so that vibrations,
dust, odor or other harmful or annoying effects are minimized by the
operations carried on at the drill site to avoid injury to or annoyance
of persons living in the vicinity; nor shall the site or structures
thereon be permitted to become dilapidated, unsightly or unsafe.
(q)
Noise. The Township may require acoustical blankets, sound walls,
mufflers or other alternative methods as proposed by the operator
to ensure compliance depending on the location of a proposed drill
site to adjacent properties. As part of the conditional use application,
and prior to beginning the drill operation, the applicant shall establish
the residual or background noise level baseline. The baseline shall
be established over a seventy-two-hour period with at least one twenty-four-hour
reading on a Saturday or Sunday. A noise consultant/engineer mutually
agreed upon by the Township and owner/operator will be responsible
for determining the residual background noise level baseline. The
applicant, owner/operator shall be responsible for all costs associated
with the noise consultant/engineer.
[1]
The noise generated during drilling and hydraulic fracturing
activities, when measured at the nearest protected structure property
line or 100 feet from the nearest protected structure (as measured
to the closest exterior point of the building), whichever is closer
to the protected structure, shall not exceed the average ambient noise
level as determined by the seventy-two-hour evaluation:
[2]
Since fluctuations in noise levels are inherent to mineral extraction
activities, the Township has created a sliding scale which provides
adjustments in the permitted level of noise generated during operations
to create flexibility in the regulations and prevent repeated violations.
Drilling activities are permitted to generate noise 10 decibels higher
than the average ambient noise levels [Refer to § 240-95A(54)(q)[1][a].],
and the adjustments are in addition to that sound level. Adjustments
to the preceding noise limits may only occur during the hours of 7:00
a.m. to 9:00 p.m. and are as follows;
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)
| |
|---|---|---|
|
0 to 5
|
15
| |
|
6 to 10
|
5
| |
|
11 to 15
|
3
| |
|
16 to 20
|
1
| |
|
Greater than 20
|
0
|
|
Note: The maximum cumulative time that the permitted increases
in dBA may occur in one hour may not exceed 15 minutes. For instance,
an operator shall not be permitted to allow a 10 dBA increase for
five minutes and then a five dBA increase for 15 minutes, within the
same hour. If 10 dBA are reached for five minutes, then five dBA may
only occur for 10 minutes.
|
[3]
If a complaint is received by any person using a protected structure
for a lawful purpose, within a reasonable vicinity of a drill site,
regarding noise generated during drilling and hydraulic fracturing
activities, the Township will conduct a sound test to verify that
a viable complaint exists. This test shall be at the applicant's expense.
Upon confirmation by the Township that a possible noise violation
exists, the operator shall, within 24 hours of the receipt of the
complaint from the Township, continuously monitor for a forty-eight-hour
period at a point which is the closer to the complainant's building
of:
[4]
If the operator engages in any noise testing as required by
this subsection, it will provide preliminary data to the Township
no later than 10 business days following completion of the noise testing.
Once the monitoring is complete, the operator will meet with Township
representatives and affected residents to discuss whether possible
noise abatement measures are warranted if the permitted levels set
herein were exceeded. The Township reserves the right to hire a noise
consultant to do its own testing and investigation regarding the noise
complaint.
(r)
At the time of conditional use application, a survey of the
drill site showing the general area where associated gas production
equipment (tanks or other surface installations) will be located and
locations and distances to property lines shall be filed with the
application. All sensitive natural features, including but not limited
to waterways, wetlands, steep slopes, and floodplains, including those
100 feet outside the limits of disturbance, as defined on the approved
PADEP erosion and sedimentation plan, must also be shown.
(s)
Prior to drilling an oil and gas well or multiple oil and gas
wells at a location, but no later than two weeks beforehand, the operator
shall provide the following information to each resident within 1,000
feet of the planned surface location of the well(s):
[1]
A copy of the well survey plat showing the location(s) of the
planned well(s);
[2]
A general description of the planned operations at the planned
well(s) and associated equipment used in the development of the well(s);
[3]
Operators shall test all water supplies within 1,000 feet of each well site and share the results with landowners and the Township [Refer to § 240-95A(54)(e).];
[4]
The contact information of the operator; and
[5]
The availability of the operator to hold a meeting with such
residents to present the operator's plans for the well(s) and to allow
for questions and answers. The meeting(s) shall be held prior to well
site construction.
(t)
Any on-site associated gas production equipment (well head,
separator, condensate tanks, and pipeline) shall be painted an earth
tone color to blend in with the surrounding area. An earth tone color
shall be neutral colors and include sand, gray, green and unobtrusive
shades of brown, or other neutral colors, as approved by the Township
Engineer/Zoning Officer.
(u)
The Township may, at its sole discretion, require permanent fencing [Refer to § 240-95A(56)(d) for specifications.] and/or landscaping to buffer the post-drilling facilities or gas production equipment from adjacent properties.
(v)
Any damage to public property caused by such operations must
be repaired and restored within 60 days of completing the drilling
operation or as agreed to by the Township. The repairs shall meet
or exceed prior conditions. If repairs are not completed within such
time, the applicant shall provide the Township with such financial
security necessary to ensure that the work be completed in an amount
of not more than 110% of the total cost of the work.
(w)
After any spill, leak or malfunction, the operator shall remove
or cause to be removed to the satisfaction of the Township, the South
Fayette Township Fire Chief and the PADEP inspectors all waste materials
from any public or private property affected by such spill, leak or
malfunction. Cleanup operations must begin immediately upon knowledge
that a spill, leak or malfunction occurs and the Township alerted
to any spills, leaks or malfunctions.
(x)
The public street entrance at the property on which a drill
site is located shall at all times be kept free of mud, debris, trash
or other waste materials.
(y)
The facility and/or its operation shall comply with all applicable
permits and requirements of the PADEP, the United States Environmental
Protection Agency, and any other governmental authority having jurisdiction
over its operations and with all federal, state and local laws, ordinances
and regulations promulgated to protect the environment or otherwise
relating to environmental matters. The applicant shall demonstrate
that the drill site operations will not violate the citizens of South
Fayette Township's right to clean air and pure water as set forth
in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental
Rights Amendment). The applicant will have the initial burden to demonstrate
that its operations will not affect the health, safety or welfare
of the citizens of South Fayette Township or any other potentially
affected landowner. The application submittal shall include reports
from qualified environmental individuals attesting that the proposed
location will not negatively impact the Township residents' environmental
rights and will include air modeling and hydrogeological studies as
potential pathways that a spill or release of fluid may follow.
(z)
The applicant or drill site operator shall take all necessary
precautions to ensure the safety of persons in areas established for
road crossings and/or adjacent to roadways during periods of anticipated
heavy or frequent truck traffic to and from the drill site. Flagmen
shall be present and used to ensure the safety of motorists and pedestrians
and take measures that may include adequate signs and/or other warning
measures for truck and vehicular traffic.
(aa)
All drill site construction (grading, installation of erosion
and sedimentation controls, roadway construction, etc.) shall be done
between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.
Any burning of trees or brush shall be done in accordance with applicable
regulations using an air curtain.
(bb)
During the active operation at a drill site, Township staff
or consultants designated by the Township Manager shall have access
to the site to determine continuing compliance with the conditional
use approval.
(cc)
South Fayette Township reserves the right to impose any other
additional conditions necessary to protect the public health, safety
and welfare of its residents in order to address any unique characteristics
of a particular drilling site which are not otherwise within the jurisdiction
of federal and state regulations in accordance with the Pennsylvania
Municipalities Planning Code (MPC).
(dd)
Indemnification and express negligence provisions. The applicant
shall fully defend, protect, indemnify, and hold harmless South Fayette
Township, its departments, officials, officers, agents, employees
and contractors from and against each and every claim, demand, or
cause of action and any and all liability, damages, obligations, judgments,
losses, fines, penalties, costs, legal and expert fees, and expenses
incurred in defense of South Fayette Township, including, without
limitation, personal injuries and death in connection therewith which
may be made or asserted by any third parties on account of, arising
out of, or in any way incidental to or in connection with the performance
by the operator.
(55)
Natural gas compressor station and natural gas processing plant,
subject to:
[Added 7-18-2011 by Ord.
No. 4-2011; amended 7-8-2015 by Ord. No. 1-2015; 7-13-2016 by Ord. No. 6-2016]
(a)
Compressor stations.
[1]
Compressor stations shall only be permitted to occur on property
that is a minimum of five acres or larger. The applicant shall strive
to consider locations for its temporary and permanent operations where
prudent and possible so as to minimize interference with Township
residents' enjoyment of their property and future Township development
activities. The applicant must present an expert witness testimony
to demonstrate the location of the facility will not unreasonably
adversely affect any of the following:
[2]
A conditional use application for a compressor station shall
be accompanied with written permission from the property owner(s)
who has legal or equitable title in and to the surface rights of the
property or a court order recognizing the operator's authority to
occupy the surface. If the operator owns the property, proof must
be provided.
[3]
Conditional use approval is nontransferable without consent
from the Board of Commissioners, and shall automatically terminate,
unless extended, if substantial construction is not commenced and
sustained within one year from the date of issuance of the conditional
use. The conditional use approval may be extended by the Board of
Commissioners upon written request by the operator. The operator shall
provide proof that the requested conditional use permit for such location
has not changed.
[4]
As part of the conditional use application, the Township and
emergency management services shall be provided the name of the person
supervising the compressor station and a phone number where such person
can be reached 24 hours a day. Also, a list of contact information
for all subcontractors associated with the operations of the station
must be provided. The list shall include verification that all supervisors/operators
and subcontractors at the site are aware and understand this section.
[5]
All compressor stations shall be completely enclosed by a building.
[a]
The building shall be constructed in a manner that
the architectural character complements the existing character of
the area. The building shall employ architectural features, including
but not limited to sloped roofs, stone and brick accents, steeples,
cupolas, etc.
[b]
The building shall employ soundproof-type walls,
and all equipment associated with the compressor station shall be
enclosed within the building. All acoustical structures shall be constructed
of metal, masonry, or other structurally sound material as approved
by the Township Engineer/Zoning Officer.
[6]
Access directly to state roads shall require Pennsylvania Department
of Transportation (PADOT) highway occupancy permit approval. Prior
to initiating any work at the station, the Township shall be provided
a copy of the highway occupancy permit. Access roads shall also comply
with the following:
[a]
Access roads must be 50 feet from adjacent property
lines unless written consent is given.
[b]
The first 50 feet must be paved. Then, 150 feet
must be limestone in a manner that reasonably minimizes water, sediments,
or debris carried onto any public road.
[c]
If the access road is less than 200 feet, the entire
road must be limestone.
[7]
The access driveway off the public road to the station shall
be gated at the entrance to prevent illegal access into the site.
The site assigned address shall be clearly visible on the access gate
for emergency 911 purposes. In addition, the sign shall include the
station name and number, name of the operator and the telephone number
for a person responsible who may be contacted in case of emergency.
[8]
The operator must provide a plan for the transmission of gas,
water, oil, or other substances to and from the station. The operator
shall identify the location of, but not limited to, gathering lines,
compressors, and other mid- and downstream facilities located within
the Township and extending 800 feet beyond the Township boundary.
The operator shall provide the Township with all state and federal
permits that have been acquired, and bonding agreements, and proof
of ability to operate such pipelines.
[9]
As part of the conditional use process, the Township reserves
the right to increase any required setback based on physical characteristics
of the site, including but not limited to topography, woodlands, and
distance from structures, parks, schools, and residential neighborhoods.
[10]
Compressor stations shall utilize electric motors
rather than internal combustion engines. The Board of Commissioners
may approve the use of internal combustion engines as part of the
conditional use approval if deemed to be absolutely necessary, due
to the prolonged lack of availability of electrical service. However,
any exhaust from any internal combustion engine or compressor used
in connection with the station, used by any production equipment,
or used in development shall not be discharged into the open air unless
it is equipped with an exhaust muffler or an exhaust box. The exhaust
muffler or exhaust box shall be constructed of noncombustible materials
designed and installed to suppress noise and disruptive vibrations.
Moreover, all such equipment with an exhaust muffler or exhaust box
shall be maintained in good operating condition according to the manufacturer's
specifications.
[11]
Noise. The Township may require acoustical blankets,
sound walls, mufflers or other alternative methods to ensure compliance
depending on the location of a proposed station to adjacent residential
properties. As part of the conditional use application, and prior
to construction, the operator shall establish the residual or background
noise level baseline. The baseline shall be established over a seventy-two-hour
period with at least one twenty-four-hour reading on a Saturday or
Sunday. A noise consultant/engineer mutually agreed upon by the Township
and owner/operator will be responsible for determining the residual
background noise level baseline. The operator shall be responsible
for all costs associated with the noise consultant/engineer.
[a]
The noise generated during operating activities
when measured at the nearest protected structure property line or
100 feet from the nearest protected structure (as measured to the
closest exterior point of the building), whichever is closer to the
protected structure, shall not exceed the average ambient noise level
as determined by the seventy-two-hour evaluation:
[b]
Sound test.
[i]
If a complaint is received by any person using
a protected structure for a lawful purpose, within a reasonable vicinity
of a compressor station, regarding noise generated by compressor station
operations, the Township will conduct a sound test to verify that
a viable complaint exists. Upon confirmation by the Township that
a possible noise violation exists, the operator shall, within 24 hours
of the receipt of the complaint from the Township, continuously monitor
for a forty-eight-hour period at a point which is the closer to the
complainant's building of:
[ii]
If the operator engages in any noise testing as
required by this section, it will provide preliminary data to the
Township no later than 10 business days following completion of the
noise testing. Once the monitoring is complete, the operator will
meet with Township representatives and affected residents to discuss
whether possible noise abatement measures are warranted, if the permitted
levels set further herein were exceeded. The Township reserves the
right to hire a noise consultant to do its own testing and investigation
regarding the noise complaint.
[12]
Drip pans must be placed in any location, under
equipment, that has the potential to leak.
[13]
All condensate tanks shall be equipped with vapor
recovery and/or vapor destruction units.
[14]
All structures, including but not limited to pumping
units, storage tanks, buildings, and structures, shall be painted
a neutral color, compatible with the surrounding uses. Neutral colors
shall include sand, gray, green and unobtrusive shades of brown, or
other neutral colors, as approved by the Township Engineer/Zoning
Officer.
[15]
Compressor stations shall be inspected by the
Fire Department prior to operation. During the active operation at
the compressor station, Township staff or consultants designated by
the Township Manager shall have access to the site to determine continuing
compliance with the conditional use approval.
[16]
The applicant will reimburse the Township for
all reasonable and direct professional consultant fees incurred by
the Township related to site inspection, approval process, or for
specialized work called for in the permit.
[17]
South Fayette Township reserves the right to impose
any other additional conditions necessary to protect the public health,
safety and general welfare of its residents in order to address any
unique characteristics of a particular compressor station site which
are not otherwise within the jurisdiction of federal and state regulations
in accordance with the Pennsylvania Municipalities Planning Code (MPC).
[18]
Indemnification and express negligence provisions.
The operator shall fully defend, protect, indemnify, and hold harmless
South Fayette Township, its departments, officials, officers, agents,
employees and contractors from and against each and every claim, demand,
or cause of action and any and all liability, damages, obligations,
judgments, losses, fines, penalties, costs, legal and expert fees,
and expenses incurred in defense of South Fayette Township, including,
without limitation, personal injuries and death in connection therewith
which may be made or asserted by any third parties on account of,
arising out of, or in any way incidental to or in connection with
the performance by the operator.
[19]
The facility and/or its operation shall comply
with all applicable permits and requirements of the PADEP, the United
States Environmental Protection Agency and any other governmental
authority having jurisdiction over its operations and with all federal,
state and local laws, ordinances and regulations promulgated to protect
the environment or otherwise relating to environmental matters. The
applicant shall demonstrate that the compressor stations will not
violate the citizens of South Fayette Township's right to clean air
and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania
Constitution (the Environmental Rights Amendment). The applicant will
have the initial burden to demonstrate that its operations will not
affect the health, safety or welfare of the citizens of South Fayette
Township or any other potentially affected landowner. The application
submittal shall include reports from qualified environmental individuals
attesting that the proposed location will not negatively impact the
Township residents' environmental rights and will include air modeling
and hydrogeological studies as potential pathways that a spill or
release of fluid may follow.
[20]
The operator shall be required to provide notice
of any spills anchor releases to the Township.
(b)
Processing plants.
[1]
Processing plants shall only be permitted to occur on property
that is a minimum of five acres or larger. The applicant shall strive
to consider locations for its temporary and permanent operations where
prudent and possible so as to minimize interference with Township
residents' enjoyment of their property and future Township development
activities. The applicant must present an expert witness testimony
to demonstrate the location of the facility will not unreasonably
adversely affect any of the following:
[2]
A conditional use application for a processing plant shall be
accompanied with written permission from the property owner(s) who
has legal or equitable title in and to the surface rights of the property
or a court order recognizing the operator's authority to occupy the
surface. If the operator owns the property, proof must be provided.
[3]
Conditional use approval is nontransferable without consent
from Council, and shall automatically terminate, unless extended,
if substantial construction is not commenced and sustained within
one year from the date of issuance of the conditional use. The conditional
use approval may be extended by Council upon written request by the
operator. The operator shall provide proof that the requested conditional
use permit for such location has not changed.
[4]
As part of the conditional use application, the Township and
emergency management services shall be provided the name of the person
supervising the processing plant and a phone number where such person
can be reached 24 hours a day. Also, a list of contact information
for all subcontractors associated with the operations of the plant
must be provided. The list shall include verification that all supervisors/operators
and subcontractors at the site are aware and understand this section.
[5]
Access directly to state roads shall require Pennsylvania Department
of Transportation (PADOT) highway occupancy permit approval. Prior
to initiating any work at the plant, the Township shall be provided
a copy of the highway occupancy permit. Access roads shall also comply
with the following:
[a]
Access roads must be 50 feet from adjacent property
lines unless written consent is given.
[b]
The first 50 feet must be paved. Then, 150 feet
must be limestone in a manner that reasonably minimizes water, sediments,
or debris carried onto any public road.
[c]
If the access road is less than 200 feet, the entire
road must be limestone.
[6]
The access driveway off the public road to the plant shall be
gated at the entrance to prevent illegal access into the site. The
site assigned address shall be clearly visible on the access gate
for emergency 911 purposes. In addition, the sign shall include the
plant name and number, name of the operator and the telephone number
for a person responsible who may be contacted in case of emergency.
[7]
The operator must provide a plan for the transmission of gas,
water, oil, or other substances to and from the plant. The operator
shall identify the location of, but not limited to, gathering lines,
compressors, and other mid and downstream facilities located within
the Township and extending 800 feet beyond the Township boundary.
The operator shall provide the Township with all state and federal
permits that have been acquired, and bonding agreements, and proof
of ability to operate such pipelines.
[8]
The Township reserves the right to increase any required setback
based on physical characteristics of the site, including but not limited
to topography, woodlands, and distance from structures, parks, schools,
and residential neighborhoods.
[9]
Processing plants shall utilize electric motors rather than
internal combustion engines. The Board of Commissioners may approve
the use of internal combustion engine or compressor used in connection
with the plant, used by any production equipment, or used in development
shall not be discharged into the open air unless it is equipped with
an exhaust muffler or an exhaust box. The exhaust muffler or exhaust
box shall be constructed of noncombustible materials designed and
installed to suppress noise and disruptive vibrations. Moreover, all
such equipment with an exhaust muffler or exhaust box shall be maintained
in good operating condition according to the manufacturer's specifications.
[10]
Noise. The Township may require acoustical blankets,
sound walls, mufflers or other alternative methods to ensure compliance
depending on the location of a proposed plant to adjacent residential
properties. As part of the conditional use application, and prior
to construction, the operator shall establish the residual or background
noise level baseline. The baseline shall be established over a seventy-two-hour
period with at least one twenty-four-hour reading on a Saturday or
Sunday. A noise consultant/engineer mutually agreed upon by the Township
and owner/operator will be responsible for determining the residual
background noise level baseline. The operator shall be responsible
for all costs associated with noise consultant/engineer.
[a]
The noise generated during operating activities
when measured at the nearest protected structure property line or
100 feet from the nearest protected structure (as measured to the
closest exterior point of the building), whichever is closer to the
protected structure, shall not exceed the average ambient noise level
as determined by the seventy-two-hour evaluation:
[b]
Sound test.
[i]
If a complaint is received by any person using
a protected structure for a lawful purpose, within a reasonable vicinity
of a processing plant, regarding noise generated by processing plant
operations, the Township will conduct a sound test to verify that
a viable complaint exists. Upon confirmation by the Township that
a possible noise violation exists, the operator shall, within 24 hours
of the receipt of the complaint from the Township, continuously monitor
for a forty-eight-hour period at a point which is the closer to the
complainant's building of:
[ii]
If the operator engages in any noise testing as
required by this section, it will provide preliminary data to the
Township no later than 10 business days following completion of the
noise testing. Once the monitoring is complete, the operator will
meet with Township representatives and affected residents to discuss
whether possible noise abatement measures are warranted, if the permitted
levels set further herein were exceeded. The Township reserves the
right to hire a noise consultant to do its own testing and investigation
regarding the noise complaint.
[11]
Drip pans must be placed in any location, under
equipment, that has the potential to leak.
[12]
All condensate tanks shall be equipped with vapor
recovery and/or vapor destruction units.
[13]
All structures, including but not limited to pumping
units, storage tanks, buildings, and structures, shall be painted
a neutral color, compatible with the surrounding uses. Neutral colors
shall include sand, gray, green and unobtrusive shades of brown, or
other neutral colors, as approved by the Township Engineer/Zoning
Officer.
[14]
Processing plants shall be inspected by the Fire
Department prior to operation. During the active operation at the
processing plant, Township staff or consultants designated by the
Township Manager shall have access to the site to determine continuing
compliance with the conditional use approval.
[15]
The applicant will reimburse the Township for
all reasonable and direct professional consultant fees incurred by
the Township related to site inspection, approval process, or for
specialized work called for in the permit.
[16]
South Fayette Township reserves the right to impose
any other additional conditions necessary to protect the public health,
safety and general welfare of its residents in order to address any
unique characteristics of a particular processing plant site which
are not otherwise within the jurisdiction of federal and state regulations
in accordance with the Pennsylvania Municipalities Planning Code (PAMPC).
[17]
Indemnification and express negligence provisions.
The operator shall fully defend, protect, indemnify, and hold harmless
South Fayette Township, its departments, officials, officers, agents,
employees and contractors from and against each and every claim, demand,
or cause of action and any and all liability, damages, obligations,
judgments, losses, fines, penalties, costs, legal and expert fees,
and expenses incurred in defense of South Fayette Township, including,
without limitation, personal injuries and death in connection therewith
which may be made or asserted by any third parties on account of,
arising out of, or in any way incidental to or in connection with
the performance by the operator.
[18]
The facility and/or its operation shall comply
with all applicable permits and requirements of the PADEP, the United
States Environmental Protection Agency and any other governmental
authority having jurisdiction over its operations and with all federal,
state and local laws, ordinances and regulations promulgated to protect
the environment or otherwise relating to environmental matters. The
applicant shall demonstrate that the compressor stations will not
violate the citizens of South Fayette Township's right to clean air
and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania
Constitution (the Environmental Rights Amendment). The applicant will
have the initial burden to demonstrate that its operations will not
affect the health, safety or welfare of the citizens of South Fayette
Township or any other potentially affected landowner. The application
submittal shall include reports from qualified environmental individuals
attesting that the proposed location will not negatively impact the
Township residents' environmental rights and will include air modeling
and hydrogeological studies as potential pathways that a spill or
release of fluid may follow.
(56)
Impoundments (being either a water impoundment, fresh, or a
water impoundment, waste), subject to:
[Added 7-8-2015 by Ord.
No. 1-2015; amended 7-13-2016 by Ord. No. 6-2016]
(a)
Impoundments shall be allowed only on the parcel/property where
drilling site is occurring as an accessory use.
(b)
No off-site impoundments, drill cuttings pits/reserve pits shall
be permitted.
(c)
Impoundments shall not use surface aerators.
(d)
All drill site impoundments shall be secured with a temporary
fence with a secured gate as follows:
[1]
The fence shall be a minimum of six feet in height and chain
link.
[2]
The fencing shall be in place throughout the drill operation
and until the impoundment is removed.
[3]
The chain link fence shall have a minimum thickness of 11 gauges.
[4]
Impoundments must comply with all state and federal laws in
regard to leak detection and monitoring and must comply with EPA 9090
or any regulation that supersedes it.
[5]
Upon review of the application, Council may, in its discretion,
require air modeling and monitoring of emissions coming off of impoundments.
(e)
An impoundment shall not contain any liquid substance generated
from any oil well(s) located on another property. Trucking in of outside
liquid substance for storage in an impoundment is prohibited.
(f)
Size limitation. Impoundments are permitted to house up to 1,000,000
gallons of liquid substance.
(g)
An impoundment must be completely enclosed within a structure
with solid walls and a roof.
(h)
An applicant shall provide to the Township a preparedness prevention
and contingency (PPC) plan as defined in the PADEP document, Guidelines
for the Development and Implementation of Environmental Emergency
Response Plans, or the most recent applicable guidance document.
(i)
An applicant shall provide to the Township a baseline hydrogeologic
study to document background conditions, including but not limited
to initial water quality testing, water level measurements, available
secondary source information leading to an understanding of groundwater
flow beneath the site and adjacent area.
(57)
Pet services only in combination with a kennel:
[Added 1-9-2019 by Ord.
No. 1-2019]
(a)
No boarding units shall be permitted in any exterior location.
Outdoor exposure for a pet shall be limited to less than one hour
and no greater than three times per day.
(b)
Only one exterior exercise area shall be permitted and located
to the rear of any facility away from any pedestrian walkways and
primary parking fields. The exterior exercise area shall be limited
to 50% of the gross indoor building space (The floor area within the
inside perimeter of the exterior walls of the building) devoted to
the pet services in combination with a kennel use.
(c)
Any exterior exercise area shall have the following fencing
requirements:
[1]
The fence shall be at least seven feet in height;
[2]
The fence shall be 100% opaque;
[3]
Gates, if any, in the fence shall be secured with self-latching
hardware; and
[4]
The exterior side of the fence facing a parking area or sidewalk
shall be buffered by a continuous, compact evergreen hedge or line
of evergreen shrubs, at a minimum width of five feet, that will grow
together when mature and that are a minimum of five feet in height
at the time of planting;
(d)
Pets that are boarded at the facility for any time period shall
be limited to domestic dogs and cats.
(e)
Pets shall not be walked at any time within the planned commercial
development except for purposes of entering or leaving the facility.
(f)
All pet waste shall be separately bagged and disposed of as
a solid waste by a professional waste management service.
(g)
All pet waste shall be continuously monitored daily in the exterior
exercise area and waste shall be removed on a daily basis such that
the exercise area shall be completely free of pet waste at the conclusion
of operations each day.
(h)
Any exterior exercise area shall not be used before 7:00 a.m.
or after 7:00 p.m. on any day.
(58)
Automobile service stations, subject to:
[Added 9-9-2020 by Ord. No. 6-2020]
(a)
The property shall have access directly onto an arterial or
collector street with sufficient capacity to handle traffic generated
by the proposed use;
(b)
The location of entrances and exits shall be clearly marked
with on-lot circulation delineated by on-premises directional signs
or pavement markings;
(c)
Only minor repairs and service such as state inspections, lubrication,
oil changes, tire changes and similar work shall be permitted at an
automobile service station. Major repair work, including paint-spraying
or body or fender work shall not be permitted;
(d)
No repair work, washing, waxing, lubrication, or other work
shall be performed outdoors;
(e)
Pumps, underground storage tanks and other such devices shall
be located a minimum of 25 feet from any public right-of-way or lot
lines;
(f)
A canopy covering the pumps is permitted, provided it is no
closer than 20 feet from any lot line or ultimate right-of-way, being
the area beyond the legal right-of-way needed to accommodate future
road widening as may be set forth in a plan approved by the Township.
The maximum height of the canopy shall not exceed 20 feet;
(g)
All bulk storage of flammable liquids shall occur in well-vented
underground tanks, subject to approval by the County Fire Marshal
or other regulatory agency which shall inspect and approve tank installations
and other safety requirements as a condition of occupancy;
(h)
Only below-grade fuel storage tanks and pump islands may be
placed not closer than 30 feet to the ultimate right-of-way line,
as defined above, or abutting property lines. Canopy structures are
permitted within 20 feet of the right-of-way. Access drives shall
be located to take advantage of maximum sight distances for motorists,
and circulation into and through the premises shall be obvious to
motorists. The use of the site and access to it will not downgrade
adjacent properties or the public health, safety and general welfare.
The design and arrangement of the station shall be compatible with
adjacent or nearby residential development;
(i)
Service station building walls shall be of masonry construction;
(j)
Access shall be limited to two driveways and one additional
driveway on a second street where the property abuts a second street.
Each driveway shall not be more than 35 feet wide at the property
line. No driveway shall be located within 75 feet of any street intersection,
measured from the point of crossing of intersecting street right-of-way
lines abutting the property and the edge of the driveway nearest the
intersection;
(k)
The entire service area shall be paved with a permanent surface
and edged with a curb where it abuts grassed areas. Paved surfaces
shall be sloped to an acceptable storm drainage system. Areas of the
property not paved shall be left natural or landscaped and maintained;
(l)
Not less than eight parking spaces outside the circulation area
around the pump islands shall be provided for customer and employee
parking;
(m)
No exterior playing of music shall be permitted;
(n)
A photometric map of proposed site lighting shall be provided.
A maximum permitted light intensity of 5/10 footcandle shall extend
no closer than 15 feet to a lot line. A lighting fixture shall be
shielded and so arranged that the light does not represent a hazard
to the operation of motor vehicles on or off site;
(o)
Additional dimensional standards for an automobile service station
shall be as follows:
[1]
Distance from another gas station: 1,500 feet minimum measured
from property lines.
[2]
Lot area: 20,000 square feet minimum.
[3]
Lot width: 150 feet minimum.
[4]
Side and rear yard depth abutting nonresidential property: 15
feet minimum.
[5]
Curb cut length: 35 feet maximum.
[6]
Clear distance between curb cuts: 20 feet maximum.
[7]
Clear distance between curb cuts and lot line: 20 feet maximum.
(59)
Medical marijuana dispensary, subject to the following conditions:
[Added 11-14-2020 by Ord. No. 10-2020]
(a)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the Pennsylvania Department of Health.
(b)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(c)
medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(d)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of medical marijuana and unauthorized entrance
into areas containing medical marijuana.
(e)
Permitted daily hours of operation of a medical marijuana dispensary
shall be 8:00 a.m. to 8:00 p.m.
(f)
A medical marijuana dispensary shall not have a drive-through
service.
(g)
A medical marijuana dispensary may only dispense medical marijuana
to certified patients and medical marijuana caregivers and shall comply
with all lawful, applicable state and local health regulations.
(h)
A medical marijuana dispensary shall comply with the separation
requirements set forth in the Medical Marijuana Act.[8] The separation distance shall be measured using a pedestrian
route continually accessible to the public, measured from lot line
to lot line, regardless of municipality in which it is located.
[8]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(i)
Parking requirements will follow the parking schedule for retail
uses applicable to the B-1 zoning district. However, the same may
be modified if a traffic impact study is required and reflects the
necessity for additional parking.
(j)
Vehicular ingress and egress to and from a medical marijuana
dispensary site shall be designed to accommodate the anticipated vehicles
used to service the facility. A traffic impact study may be required.
(60)
Medical marijuana grower/processor:
[Added 11-14-2020 by Ord. No. 10-2020]
(a)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
(b)
The maximum floor area of a medical marijuana grower/processor
shall be limited to 20,000 square feet, of which sufficient space
must be set aside for secure storage of marijuana seeds, related finished
product, and marijuana-related materials used in production or for
required laboratory testing.
(c)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the Pennsylvania Department of Health
Policy and shall not be placed within any unsecure refuse containers.
(d)
The grower/processor shall provide only wholesale products to
other permitted medical marijuana uses. Retail sales and dispensing
of medical marijuana and related products is prohibited at medical
marijuana grower/processor facilities.
(e)
Growers/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(f)
Parking requirements will follow the parking schedule found in Article XX, Off- Street Parking Regulations, Section M.
(g)
Vehicle ingress and egress to and from a medical marijuana grower/processor
shall be designed to accommodate the anticipated vehicles used to
service the facility.
[1]
All vehicular access must secure the appropriate highway occupancy
permit.
(h)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the Pennsylvania Department of Health.
(i)
Any odor must be managed by ventilation and exhaust equipment
with operable filtration so that any odors are effectively confined
to the interior of the building. There shall be no emission of dust,
fumes, vapors, odors, or waste into the environment that can be seen,
smelled, or otherwise perceived beyond the facility.
(j)
A plan shall be provided demonstrating that all external and
internal lighting, including light for nighttime growing, is shielded
in such a manner to not allow light to be emitted skyward or onto
adjoining properties.
(k)
A minimum fifty-foot buffer planting is required where a grower/processor
facility adjoins a residential, hotel or apartment hotel use or district.
(l)
The facility must not be within 3,000 feet of another medical
marijuana grower/processor facility.
(m)
No pictures, photographs, drawings or other depictions of marijuana
or marijuana paraphernalia shall appear on the outside of any medical
marijuana grower/processor facility or any sign associated therewith.
(n)
A medical marijuana grower/processor shall comply with any other
lawful and applicable requirements or restrictions imposed by state
and/or local laws or regulations.
(61)
Extended stay hotel, motel, and facility.
[Added 7-12-2023 by Ord. No. 3-2023]
(a)
Extended stay room equipment and service requirements.
[1]
All extended stay rooms shall have facilities for both storage
and preparation of food (kitchens and kitchenettes).
[2]
All extended stay rooms with less than 300 square feet of floor
area are limited to a maximum capacity of two persons per such room.
[3]
All extended stay rooms with more than 300 square feet of floor
may allow an additional person per each additional 75 square feet
of floor area.
[4]
No exterior access to extended stay rooms is permitted. This
requirement shall only apply to buildings and structures built after
the date of the adoption of this section.
[5]
Each extended stay room containing a stovetop unit or other
type of burner unit shall be required to also include a maximum sixty-minute
automatic power-off timer for each room containing such stovetop unit
or other type of burner.
[6]
A hardwired smoke detector with battery backup shall be provided
and installed in each extended stay room as required under the Uniform
Construction Code as adopted by the Township. It shall be a violation
of this code for any person to disable, tamper with or modify any
type of smoke detector or other safety device installed in each extended
stay room.
[7]
No extended stay hotel, motel, or facility shall rent or provide
a room for any number of persons greater than the sleeping accommodations
provided within the particular rental unit or temporary sleeping accommodations
provided by the extended stay hotel, motel, or facility.
[8]
Housekeeping shall be included within the standard extended
stay room rate of any extended stay hotel, motel, or facility. At
a minimum, rooms must be cleaned before each new guest checks in and
no less frequently than twice every seven days.
[9]
Each extended stay hotel, motel and facility must maintain a
log that documents when each room is serviced and cleaned. The log
must be maintained for 120 days. Any extended stay hotel, motel, or
facility must make these records available to the Township within
a reasonable time upon request.
[10]
All extended stay hotels, motels, and facilities
must have in place laundry facilities consisting of washer and dryer
machines available to patrons. The equipment shall be maintained and
in good repair at all times. Washers and dryers shall be provided
at a ratio of one washer and dryer for every 20 rooms or fraction
thereof.
(b)
General property requirements and restrictions.
[1]
A minimum lot size of one acre is required to construct an extended
stay hotel, motel, or facility or to convert an existing hotel, motel
or facility into an extended stay hotel, motel, or facility in the
Township.
[2]
No building may be placed within 300 feet of the property line
of any residentially zoned property.
[3]
No extended stay hotel, motel, or facility shall provide lodging
at an hourly rate.
[4]
Extended stay hotels, motels, or facilities shall include, on
any public-facing entry points to the premises, a magnetic or electronic
keyboard/locking device for access.
[5]
All entry point doors shall have operating automatic closures
and key entry and shall remain locked at all times between the hours
of 9:00 p.m. and 6:00 a.m.
[6]
All entry point doors shall be equipped with an alarm or other
device that will alert security, attendants, or other employees that
the door has been opened or remains open.
[7]
These requirements are not applicable to entry points that enter
directly into the lobby of the extended stay hotel, motel, or facility
as long as the lobby is manned by a bona fide employee 24 hours a
day.
(62)
Tower-based wireless communications facilities, non-tower wireless communications facilities, small wireless communications facilities, or related accessory equipment or wireless support structures, subject to Article XIVA, Wireless Communications Facilities.
[Added 10-11-2023 by Ord. No. 5-2023]
