Township of South Strabane, PA Article XV Conditional Uses; Uses by Special Exception

§ 245-102 Applicability.

The following procedures shall apply to all applications for approval of a conditional use or use by special exception in all zoning districts.

§ 245-103 Approval of conditional uses; expiration of approval.

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

(1) A written application for conditional use approval is submitted to the Zoning Officer or his or her designated representative no less than 21 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 Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane, 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) A list of the names and addresses of all property owners located within 300 feet of the entire perimeter of the property for which conditional use approval is requested, including properties located across a street right-of-way. The names and addresses shall be taken from the most recent records of the Washington County Tax Assessor's office.

(d) For all applications, a written calculation of the number of peak-hour trips generated during the adjacent street's peak hour, for the proposed use, using the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

(e) For any use that will generate 75 or more additional trips during the adjacent street's peak hours, according to the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, a traffic impact study, as defined herein and prepared in accordance with the requirements for a traffic impact study specified in Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane.

(f) The application fee required by § 245-208 of this chapter.

(2) A public hearing is conducted by the Planning Commission within 30 days of the date when a complete and properly filed application is received, unless the applicant has agreed, in writing, to an extension of time. The Planning Commission shall give notice of the public hearing once in a newspaper of general circulation in the Township, no less than seven days prior to the public hearing. In addition, written notices shall be sent by the Township, by regular mail, to all property owners located within 300 feet of the entire perimeter of the property for which conditional use approval is requested, no less than seven days prior to the hearing. The cost of mailing the notices shall be paid by the applicant.

(3) A written recommendation is forwarded to the Board of Supervisors from the Township Planning Commission within 45 days of the date when the application is first considered as complete and properly filed for approval, unless the applicant has agreed, in writing, to an extension of time.

(4) A public hearing is conducted by the Board of Supervisors pursuant to public notice, and written notices are sent by the Township, by regular mail, to all property owners located within 300 feet of the entire perimeter of the property for which conditional use approval is requested, no less than seven days prior to the hearing. The cost of mailing the notices shall be paid by the applicant. Said hearing shall be 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 Supervisors 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 or her case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board of Supervisors 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. The applicant may, upon request, be granted additional hearings to complete his or her 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 Supervisors 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 Supervisors 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(4) and (5) 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 Supervisors 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 Supervisors 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 Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made 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 § 245-212 of this chapter.

B. Expiration of conditional use approval. Conditional use approval shall expire automatically, without written notice to the applicant, if no application for a grading permit, 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 Supervisors, 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.

§ 245-104 Approval of uses by special exception; expiration of approval.

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

(1) A written application for approval of a use by special exception is submitted to the Zoning Officer or his or her designated representative at least 20 days prior to the Zoning Hearing Board meeting at which the appeal is to be heard. 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) A list of the names and addresses of all property owners located within 300 feet of the entire perimeter of the property for which approval of a use by special exception is requested, including properties located across a street right-of-way. The names and addresses shall be taken from the most recent records of the Washington County Tax Assessor's office.

(d) A traffic impact study, as defined herein and prepared in accordance with the requirements for a traffic impact study specified in Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane for any use that, according to the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, will generate 75 or more additional trips during the adjacent street's peak hours.

(e) The application fee required by § 245-208 of this chapter.

(2) Written notices shall be sent by the Township, by regular mail, to all property owners located within 300 feet of the entire perimeter of the property for which approval of a use by special exception is requested, no less than seven days prior to the hearing. The cost of mailing the notices shall be paid by the applicant.

(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 § 245-205 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 § 245-212 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 Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane shall be submitted to the Township Planning Commission following approval of the use by special exception by the Zoning Hearing Board.

B. 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.

§ 245-105 General standards and criteria.

A. General standards. In addition to the specific standards and criteria listed for each use in §§ 245-106 through 245-168 of this article, 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:

(1) 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.

(2) The use shall comply with the performance standards of § 245-170 of this chapter.

(3) The use shall comply with all applicable requirements of Article XVI, providing supplementary regulations, Article XVII, governing parking and loading, Article XVIII, governing signs, and all other applicable provisions of this chapter.

(4) 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.

(5) 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]) Spillover 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.

(6) For all uses that are subject to the requirements of the Americans with Disabilities Act (ADA),[2] the applicant shall certify that all applicable ADA requirements have been met in the design.

[2] Editor's Note: See 42 U.S.C. § 12101 et seq.

B. Standards for specific uses. In addition to the general standards and criteria for all conditional uses and uses by special exception listed in Subsection A above, an application for any of the following uses that 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.

§ 245-106 Accessory dwellings.

A. In the A-1 District, one accessory dwelling shall be permitted to be established on a lot, without subdividing the property for the accessory dwelling, provided that all of the following requirements are met:

(1) The accessory dwelling may be a detached single-family dwelling, a conversion apartment within an existing single-family dwelling or garage or other accessory structure or a mobile home.

(2) The area proposed for any detached accessory dwelling shall be capable of meeting the current minimum lot area and lot width requirements specified for a single-family dwelling in the A-1 District without creating a nonconforming lot for the existing dwelling.

(3) Adequate vehicular access to a public street is provided for the accessory dwelling.

(4) The owner of the accessory dwelling shall be the owner of the original dwelling. The accessory dwelling shall not be sold to any other party unless and until a recorded easement for access to the accessory dwelling and a plan of subdivision is recorded in the Washington County Recorder of Deeds office in accordance with all applicable requirements of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane.

(5) The sole purpose of the accessory dwelling shall be to house employed caretakers, a person or persons who are working on the farm as tenants or as paid or unpaid employees or relatives who are in need of economic or health benefits and support.

(6) Evidence of sanitary sewer service approved by the Washington County Sewage Council to serve the accessory dwelling shall be submitted to the Township.

B. One accessory dwelling shall be permitted to be established on a lot or parcel in the R-1 District containing an existing single-family dwelling, without subdividing the property for the accessory dwelling, provided that all of the following requirements are met:

(1) The accessory dwelling may be a detached single-family dwelling, a conversion apartment within an existing single-family dwelling or garage or other accessory structure or a mobile home.

(2) A mobile home or detached single-family dwelling shall be authorized as an accessory dwelling only if the total lot area is sufficient to meet the current minimum lot area and lot width requirements of the R-1 District for the proposed single-family dwelling or mobile home without creating a nonconforming lot.

(3) Adequate vehicular access to a public street is provided for the accessory dwelling.

(4) The owner of the accessory dwelling shall be the owner of the original dwelling. The accessory dwelling shall not be sold to any other party unless and until a recorded easement for access to the accessory dwelling and a plan of subdivision is recorded in the Washington County Recorder of Deeds office in accordance with all applicable requirements of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane.

(5) The sole purpose of the accessory dwelling shall be to house employed caretakers or relatives who are in need of economic or health benefits and support.

(6) If the original purpose of housing employed caretakers or relatives is no longer necessary, the owner of the dwelling may rent the accessory dwelling to any party or may sell the accessory dwelling if the requirements of Subsection B(4) above are met.

(7) Evidence of sanitary sewer service approved by the Washington County Sewage Council to serve the accessory dwelling shall be submitted to the Township.

§ 245-107 Low- and high-impact active recreation.

A. The minimum site required for low-impact active recreation where only one activity is proposed shall be three acres.

B. The minimum site required for low-impact active recreation where more than one activity is proposed shall be five acres.

C. The minimum site required for high-impact active recreation with fewer than 200 participants and/or spectators shall be 10 acres.

D. The minimum site required for high-impact active recreation with 200 or more participants and/or spectators shall be 50 acres.

E. The site proposed for high-impact active recreation shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein, or the nearest site boundary shall be located no more than 1,000 feet, measured along public street rights-of-way, from an intersection with an arterial or collector street, as defined herein.

F. The minimum setback for principal and accessory structures proposed for low-impact active recreation shall comply with the setback requirements of the district in which they are located.

G. The minimum setback for all principal and accessory structures for high-impact active recreation shall be 300 feet from any property line adjoining an A-1, R-1, R-2, R-3 or R-4 District and shall be 100 feet from any property line adjoining any other zoning district.

H. Along all property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District, Buffer Area C, as described in § 245-171A, shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and intensively used facilities, such as playing fields or courts, bleachers, pavilions, concession stands and similar facilities associated with low-impact active recreation.

I. Along all property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District, Buffer Area A, as described in § 245-171A, shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and intensively used areas associated with high-impact active recreation.

J. The uses shall comply with the performance standards of § 245-170 of this chapter.

K. All lighting shall be shielded away from adjoining streets and properties and shall comply with the provisions of § 245-170G of this chapter. If floodlighting of outdoor facilities is proposed, a photometric plan shall be submitted to demonstrate the intensity and distribution of lighting on the site and at the property lines.

L. Any outdoor facilities shall cease operations at 11:00 p.m.

M. If outdoor loudspeakers are proposed, the applicant shall present a plan for noise attenuation.

N. For high-impact active recreation uses, a plan for security and traffic control during events shall be presented.

O. Adequate security shall be provided when the site is not in use.

§ 245-108 Adult businesses.

A. Adult businesses, as defined by this chapter, shall not be permitted in any zoning district other than the I-2 General Industrial District.

B. All adult businesses shall comply with the requirements of this section.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. An adult business shall not be located within 1,000 feet of any of the following uses: a church; public or private pre-elementary, elementary or secondary school; public library; day-care center or preschool facility; 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.

D. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult business permit, of a church, public or private pre-elementary or secondary school, public library, day-care center or preschool facility or public park within 1,000 feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.

E. An adult business shall not be located within 500 feet of any other adult business, measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.

F. No more than one adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof, containing another adult business.

G. Any adult business, other than an adult motel, that 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 that depicts nudity or sexual conduct, as defined herein, 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 rest rooms. Rest rooms shall not contain video reproduction or viewing equipment.

(3) 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 an 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 subsection shall be by direct line of sight from the manager's station.

(4) 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 ensure that no patron is permitted access to any area of the premises that has been designated in the application submitted to the Township as an area in which patrons will not be permitted.

(5) 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.

(6) 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.

(7) 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.

(8) Liquor or other intoxicating beverages shall not be sold or served on the premises.

H. If the adult business involves live performances, the performers shall not have easy access to the viewers present.

I. 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.

J. No stock-in-trade that depicts nudity or sexual conduct, as defined herein, shall be permitted to be viewed from the sidewalk, street or highway.

K. No signs or other displays of products, entertainment or services shall be permitted in any window or other area that is visible from the street or sidewalk.

L. Windows shall not be covered or made opaque in any way.

M. 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.

N. 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.

O. 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.

§ 245-109 Apartments in combination with business; conversion apartments.

A. Each conversion apartment shall have a minimum habitable floor area of 500 square feet. Each apartment in combination with business shall have a minimum habitable floor area of 1,000 square feet.

B. Each dwelling unit shall contain not less than one private bathroom and two habitable rooms.

C. For apartments in combination with business, separate parking spaces shall be provided for each use, and a separate entrance shall be provided for the apartments that does not require passing through any area devoted to business use.

D. Certification shall be submitted that on-site sewage disposal facilities or public sewers are adequate to serve anticipated demands.

E. Each dwelling unit shall comply with the current requirements of the Uniform Construction Code (UCC).[1]

[1] Editor's Note: See Ch. 95, Construction Codes, Uniform.

F. Dwelling units in basements or accessory garages shall not be permitted.

G. No more than one conversion apartment shall be permitted in a single dwelling. The minimum lot area required for each dwelling unit, including the dwelling in the principal structure, shall be 4,000 square feet.

H. There shall be no limit on the number of apartments in combination with business, provided the combined lot area for all uses are met:

(1) All business uses: 21,780 square feet.

(2) Each apartment in combination with business: 4,000 square feet per dwelling unit.

I. Two off-street parking spaces shall be provided for each dwelling unit.

§ 245-110 Assisted living facilities; independent living facilities.

A. The minimum site required shall be five acres.

B. The maximum dwelling unit density shall be 12 units per acre.

C. The assisted living facility or independent living facility may include the following supporting uses:

(1) Common leisure and/or recreational areas.

(2) Common dining area.

D. In addition, an assisted living facility may 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 and staff only.

(3) Pharmacy and/or medical offices for use of the residents only.

(4) Personal services for the use of the residents only, including a beauty shop, barbershop, common laundry facilities, and dry-cleaning valet.

(5) Ice cream parlor, delicatessen and/or florist/gift shop for the use of residents and their invited guests only.

(6) Elderly day-care center licensed by the commonwealth.

(7) Taxi, van or similar transportation services for the residents.

E. Buffer Area B, as described in § 245-171A of this chapter, shall be provided along all property lines adjacent to property in an A-1, R-1, R-2, R-3 or R-4 District.

F. Parking shall be provided in accordance with the requirements of §§ 245-183 and 245-184, except that additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

§ 245-111 Automobile service stations.

A. All repair work shall be performed within a completely enclosed building, as defined herein.

[Amended 6-26-2011 by Ord. No. 4-2011; 6-26-2012 by Ord. No. 2-2012]

B. Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (DEP) and the United States Environmental Protection Agency (EPA).

[Amended 6-26-2011 by Ord. No. 4-2011; 6-26-2012 by Ord. No. 2-2012]

C. All fuel, oil, propane, kerosene and similar substances shall be stored at least 25 feet from any property line.

D. If a car wash is proposed, the requirements of § 245-116 shall be met.

E. Buffer Area C, as described in § 245-171A of this chapter, shall be provided along all property lines adjacent to property in an A-1, R-1, R-2, R-3 or R-4 District.

F. Traffic circulation on the site shall be designed to minimize conflicts between traffic utilizing the parking area for a convenience store, if proposed, and traffic utilizing the gasoline pumps.

§ 245-112 Bed-and-breakfasts.

A. The operator shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.

B. No more than four sleeping rooms shall be offered to transient overnight guests.

C. The minimum lot area required shall be one acre.

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 freestanding sign shall not exceed four feet in height, and the freestanding sign is located at least five feet from any property line. A permit for the identification sign shall be required in accordance with § 245-217.

G. The identification sign shall contain no information other than one or more of the following items:

(1) The street address.

(2) The name of the establishment.

(3) The name of the proprietor.

(4) A small logo or other decorative symbol.

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 front or side yard. Parking located in the rear yard shall be screened from adjoining properties in an A-1, R-1, R-2, R-3 or R-4 District by a compact six-foot evergreen hedge.

§ 245-113 Billboards.

All billboards shall be subject to the express standards and criteria contained in § 245-192 of this chapter.

§ 245-114 Boarding stables; riding academies.

A. The minimum site shall be 10 acres.

B. If horses and ponies are pastured, a minimum of two acres per animal shall be provided. If horses and ponies are stabled and provided with grain, an adequate area for exercising the horses and ponies shall be provided.

C. All animals shall be housed in a completely enclosed nonresidential structure, and the animals shall be humanely kept.

D. All stables and other buildings in which animals are kept shall be located at least 300 feet from any property line, 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 to 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.

G. The stable owner shall not permit litter and droppings from the horses to collect so as to result in the presence of fly larvae or objectionable odors.

H. If there is no occupied dwelling on the site of the boarding stable or riding academy, twenty-four-hour security and supervision shall be provided.

§ 245-115 Business or professional offices.

A. In the C-1 District, the maximum gross floor area devoted to any single business establishment shall be 5,000 square feet. In the R-4 District and C-3 District, there shall be no limitation on gross floor area.

[Amended 4-14-2015 by Ord. No. 2-2015]

B. Applications for approval shall be accompanied by a plan showing lot lines, adjacent land uses, entrances and exits, pedestrianways, structure locations, sign placement, utility location and sources, storm drainage and provisions for buffering to screen adjacent properties. If new construction is proposed, a land development plan shall be required.

C. Buffer Area B, as described in § 245-171A, shall be provided along all property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District.

D. Design, architectural features, materials, landscaping and associated treatments shall be developed and maintained in a manner compatible with permitted uses in the district and the preservation of residential characteristics of the adjacent residential neighborhoods.

E. Ingress, egress and internal traffic circulation shall be designed to minimize congestion and ensure safety.

§ 245-116 Car washes.

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 that has at least two walls.

B. If the facility is located within 300 feet of property in an R-1, R-2, R-3 or R-4 District, noise contour values shall be provided by the manufacturer of the dryers proposed to be used in an automated car wash that demonstrate compliance with § 245-170C(1) at the property line.

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

D. Standing spaces shall be provided in accordance with the requirements specified in § 245-175 for drive-through facilities.

E. The facility shall be connected to public sanitary and storm sewers.

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

§ 245-117 Cemeteries.

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 to determine the impact on water quality.

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 property in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area B, as described in § 245-171A of this chapter.

F. All maintenance equipment shall be properly stored in a completely enclosed building, as defined by this chapter, when not in use.

G. In-ground burial sites shall comply with the setbacks required for principal structures in the zoning district. All mausoleums, chapels and other structures shall not be located within 100 feet of any property line adjoining property in an A-1, R-1, R-2, R-3 or R-4 District.

§ 245-118 Churches; public and private schools; public buildings.

A. The minimum lot area required for a secondary or postsecondary school shall be 10 acres. The minimum lot area required for all other uses shall be two acres.

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 schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment.

E. All outside storage shall be completely enclosed by a six-foot-high hedge or solid fence.

F. The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

G. All uses shall be landscaped along any property line adjoining property in an A-1, R-1, R-2, R-3 or R-4 District by Buffer Area B, as described in § 245-171A of this chapter.

H. Ingress and egress to and from police, fire and emergency medical services shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

I. Fire and emergency medical services, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

J. If a fire station includes a rental hall or banquet facilities, the following criteria shall be met:

(1) Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

(2) Off-street parking for the facility or rental hall shall be provided in accordance with the requirements of § 245-183C for restaurants.

(3) Activities on the site and within the building shall comply with the noise standards specified in § 245-170C.

(4) If entertainment is presented, doors and windows shall remain closed during any entertainment involving a speaker system and/or amplification.

(5) Parking areas adjoining properties in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area C, as described in § 245-171A.

§ 245-119 Communications antennas.

A. Building-mounted antennas shall not be permitted on any dwelling, other than a mid-rise apartment or high-rise apartment building.

B. The applicant shall demonstrate that the electromagnetic fields associated with the proposed 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 antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on an existing public utility storage or transmission tower shall not project more than 20 feet above the height of the tower.

E. Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.

F. Directional or panel antennas shall not exceed five feet in height or two feet in width.

G. Satellite and microwave dish antennas utilized as communications antennas, as defined herein, and mounted on the roof of a building shall not exceed six feet in diameter.

H. Satellite and microwave dish antennas utilized as communications antennas, as defined herein, and mounted on an existing public utility storage or transmission structure shall not exceed two feet in diameter.

I. The height and location of the proposed antennas shall be designed so that, in the event of collapse, the antennas will fall within the boundaries of the property on which they are to be located.

J. The applicant proposing a building-mounted 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.

K. Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Township.

L. 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.

M. 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 a 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.

N. 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 that has a minimum width of 20 feet and that shall be improved with a dust-free, all-weather surface for its entire length.

O. 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.

§ 245-120 Communications towers.

A. The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a commercial communications tower.

B. Any applicant proposing a new freestanding commercial 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 commercial 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, commercial 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, commercial 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 that 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 A-1 District, the maximum height of a communications tower shall be 100 feet. In the C-2, C-3, I-1 and I-2 Districts, the maximum height of a communications tower shall be 200 feet.

F. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

G. The setback from all property lines required for the tower shall be 110% of the height of the tower.

H. Tower height shall be measured from the ground level to the top point of the tower or top point of the highest communications antenna, whichever is higher.

I. Communications towers shall be set back from all overhead electrical transmission or other aboveground lines a distance equal to the height of the tower.

J. A communications tower shall not be located on any property that is listed on an historic register or in an official designated state or federal historic district.

K. Communications towers shall not be located closer than 2,500 feet to another communications tower, measured as a horizontal straight line distance between the towers.

L. The communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222 Manual, as amended.

M. A soils report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA-222-E Manual, as amended, shall be submitted to the Township to document and verify design specifications of the foundation of the communications tower and anchors for the guy wires, if used. The soils report shall be signed and sealed by an engineer registered in the Commonwealth of Pennsylvania.

N. 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 a locking gate.

O. The applicant shall submit evidence that the tower and its method of installation have been designed by a registered engineer and are certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Uniform Construction Code[1] and accepted engineering practice.

[1] Editor's Note: See Ch. 95, Construction Codes, Uniform.

P. Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures.

Q. Access shall be provided to the tower and equipment cabinet or equipment building by means of a public street or access easement to a public street. The access easement shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length. If physical conditions warrant an increase in the width of the access easement, the Township may require a greater width.

R. Recording of a plat of subdivision and approval of a land development plan, prepared in accordance with the requirements of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane, shall be required for all towers.

S. The owner of the communications tower shall be responsible for maintaining the parcel on which the 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.

T. The owner of any communications tower that 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 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.

U. All tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

V. All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

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

X. The exterior finish of the tower shall be compatible with the immediate surroundings. The tower, the equipment cabinet or equipment building and the immediate surroundings shall be properly maintained.

Y. The applicant shall provide the written opinion of a qualified professional certifying the current cost of the dismantling and removal of the tower and associated facilities. The Township, at its option, may secure the opinion of another professional to verify the accuracy of the figures submitted, and the applicant shall bear the cost of obtaining such opinion.

Z. Abandonment.

(1) As a condition of the issuance of the permit, the applicant shall agree to dismantle and remove the tower and associated facilities promptly should its use ever be abandoned.

(2) The issuance of a permit for the erection of a tower shall be conditioned on the applicant's posting of a surety bond guaranteeing the dismantling and removal of the tower should its use ever be abandoned. The amount of the bond shall be equal to 120% of the cost of removal of the tower. The amount of the bond shall be adjusted annually in accordance with the consumer price index as published by the United States Department of Labor.

AA. The base of the tower shall be landscaped, suitable to the proposed location of the tower, if the base of the tower is visible from adjoining streets or residential properties.

BB. 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.

CC. No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

§ 245-121 Comparable uses not specifically listed.

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 Zoning Hearing 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) Hours of operation;

(6) The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 245-170 of this chapter; and

(7) 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.

§ 245-122 Conservation subdivisions.

A. The permitted uses shall be limited to single-family detached dwellings.

B. The minimum site size required shall be 10 acres.

C. Public sewage and public water services shall be provided to all units within the development.

D. The maximum number of lots to be permitted on a given tract or parcel of land shall be determined by reducing the total acreage (exclusive of existing rights-of-way) by 15% for new rights-of-way and then dividing the remaining area by 21,780 square feet. The specific intent is to maintain the same maximum number of lots as permitted in a conventional single-family subdivision in the R-1 District.

E. The minimum lot area for single-family detached units shall not be reduced to less than 10,890 square feet. The difference between the proposed lot areas and the otherwise required lot area in the R-1 District shall be dedicated as common open space.

F. The minimum lot width for single-family detached dwelling units, measured at the building setback line, shall not be reduced to less than 50 feet.

G. Each lot containing a single-family detached unit shall have a front yard setback not less than 25 feet. Side yard setbacks shall be not less than 10 feet each. Rear yard setbacks shall be not less than 20 feet.

H. The maximum permitted lot coverage for each lot shall not exceed 25%.

I. Design of development. The development shall be so designed that privacy is preserved, views are protected and dwelling clusters are adequately designed to preserve the open space atmosphere intended under the cluster development concept. A buffer area of open space shall be located at the perimeter of the development where the lots are closest to adjoining property owners. The amount, density and types of planting shall be based upon physiographic features, feasibility of using native species, proximity to existing dwellings, compatibility of adjacent uses and natural views. Where adjacent property has been developed in such a manner that privacy from the cluster development is desirable, the planting strip adjacent thereto shall be of sufficient density and shall contain sufficient evergreen material to effectively screen the portions of the development from which privacy is desired.

J. No lot proposed in a conservation subdivision shall have access directly to a Township or state road existing prior to the approval of the requested conservation subdivision. All lots shall have access to proposed streets located in the conservation subdivision. If the proposed streets are intended by the developer to be taken over by the Township, they shall meet PennDOT and/or Township requirements, as applicable.

K. Open space regulations.

(1) Open space shall be provided in the amount equal to the difference between 0.5 acre and the proposed lot size. In no case shall the open space be less than 20% of the total area of the development site. The balance of the land not contained in the lots shall be contiguous and easily accessible to the reduced acreage lots and shall be of such condition, size and shape as to be usable for recreation, park and open space or shall serve to protect an environmentally sensitive area. Safe and easy access to recreation, park and open space areas shall be provided by adjoining road frontage, easements or paths.

(2) Accessways to recreational, park and open space areas shall be sufficiently wide so that maintenance equipment shall have reasonable and convenient access to such areas.

L. Ownership and maintenance of open space. Such recreation, park and open space land shall be owned and maintained by a homeowners' association or similar organization in accordance with the following regulations. Such land shall:

(1) Be held in common ownership by the owners of the lots within the development and shall be protected by legal arrangements satisfactory to the Township sufficient to assure its maintenance and preservation. In this regard, covenants or other legal arrangements shall:

(a) Obligate purchasers to participate in a homeowners' association and to support maintenance of the open space areas by paying to the association assessments sufficient for such maintenance and subjecting their properties to a lien for enforcement of the respective assessments.

(b) Obligate such an association to maintain the recreation, park, and open space areas and private streets and utilities.

(c) Provide that the Township may utilize the procedure specified in Section 705(f)(2) through (5) of the Pennsylvania Municipalities Planning Code (MPC)[1] in the event that the organization created to own and maintain the open space fails to do so.

[1] Editor's Note: See 53 P.S. § 10705(f)(2) through (5).

(d) Provide for agreement that, if the Township is required to perform any work pursuant to Subsection L(1)(c) above, such purchasers would pay the cost thereof, and the same shall be a lien upon their properties until such cost has been paid, provided that the developer shall be responsible for the formation of the homeowners' association of which the developer, or if the developer is not the owner of the development, then such owner, shall be a member until all of the lots of record are sold. Assurance of such covenants will be evidenced by recording in the office of the Recorder of Deeds of a perpetual maintenance agreement for common facilities, as prescribed hereinabove, and identifying the tract and each lot therein. The declaration shall be included in the deed or other instrument of conveyance of each lot of record and shall be made binding on all purchasers, provided that such declaration may, as to subsequent conveyances other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyance.

(e) Guarantee that any association formed to own and maintain common open space shall not be dissolved without the consent of the Board of Supervisors and any other specifications deemed necessary by the Board of Supervisors.

(f) Guarantee that the recreation, park and/or open space areas shall not be further subdivided or further developed. Improvements may be made to said areas for the purposes for which they were originally proposed upon approval of the Planning Commission and the Board of Supervisors.

(2) Be dedicated to the Township for public usage upon final plan approval. This provision shall not, in any manner, obligate the Township to accept the open space or any part thereof.

M. All such covenants set forth herein shall be submitted for preliminary review with the preliminary plan and conditional use application and shall be reviewed and approved by the Board of Supervisors prior to the granting of final approval.

N. Plans. Preliminary plans for a conservation subdivision shall be accompanied by information outlining how the lot frontage and setbacks differ from the standard zoning and subdivision requirements. Preliminary and final plans shall show lot sizes, common open space calculations and setback lines for all yards.

§ 245-123 Contractor's yard; equipment storage yard; supply yard.

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. All areas used for storage and movement of equipment shall be improved with a dust-free, all-weather surface. Any areas not paved with hard surface shall have a dust-control plan that is submitted to the Township Engineer for review and approval.

D. Buffer Area B, as described in § 245-171A of this chapter, shall be provided along all property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District.

E. No repair of vehicles or equipment shall be permitted outside a completely enclosed building, as defined herein.

F. All operations shall comply with the performance standards of § 245-170 of this chapter.

G. 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.

H. All lighting shall be shielded and reflected away from streets and any adjoining residential properties.

I. A stormwater management plan to control runoff of surface water shall be submitted for review and approval by the Township Engineer.

§ 245-124 Day-care centers; preschool facilities.

A. The facility shall be registered with or licensed by the Commonwealth of Pennsylvania.

B. In the A-1, 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 that shall have a minimum area of 65 square feet per child and that shall be secured by a fence with a self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.

D. Outdoor play areas that adjoin properties in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area C, as described in § 245-171A of this chapter.

E. The general safety of the property proposed for a day-care center or preschool facility shall meet the needs of small children. There shall be no potential hazards in the outdoor play area, and an adequate and safe off-street area for dropping off and picking up children shall be provided.

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

§ 245-125 Family day-care homes.

A. All of the applicable criteria for a home occupation specified in § 245-129 shall be met.

B. Evidence shall be submitted that all applicable requirements of the Pennsylvania Department of Public Welfare have been met, and continuing compliance shall be maintained.

C. An adequate and safe off-street area shall be provided for dropping off and picking up children.

D. An adequate outdoor play area shall be provided and shall be secured by a fence with a self-latching gate. Such play area shall be screened from adjoining properties in an A-1, R-1, R-2, R-3 or R-4 District by a minimum four-foot-high compact, dense evergreen hedge or opaque fence.

E. Outdoor play areas shall have a minimum area of 400 square feet.

§ 245-126 Funeral homes.

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, as defined herein.

C. All off-street parking areas that adjoin property in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by a six-foot-high 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.

§ 245-127 Golf courses; golf or country clubs.

A. Golf courses and golf or country clubs shall have a minimum site of 20 acres.

B. Clubhouses shall be located at least 100 feet from any property line adjoining property in an A-1, R-1, R-2, R-3 or R-4 District and at least 50 feet from all other property lines.

C. The clubhouse and all parking areas shall be screened from any adjoining property in an A-1, R-1, R-2, R-3 or R-4 District by Buffer Area B, as described in § 245-171A of this chapter.

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

E. Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.

F. Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.

G. Any driving range that is proposed to be illuminated shall provide a photometric plan and cross sections showing impacts on adjoining properties and shall be subject to testing after installation to show compliance with the lighting standards of § 245-170G.

H. The backstop for any driving range shall be buffered from adjacent residential properties, using a combination of landscaping, earthen mounding and materials to minimize the visual impact.

§ 245-128 Group care facilities; personal care boarding homes; transitional dwellings.

A. The 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.

B. In the A-1, R-2 and R-3 Districts, a personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

C. In the A-1, R-2 and R-3 Districts, the maximum number of residents housed in a personal care boarding home shall be 10.

D. 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.

E. Adequate provisions shall be made for access by emergency medical and fire-fighting vehicles.

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

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

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

§ 245-129 Home occupations.

A. The home occupation shall be carried on by a member of the family residing in the dwelling unit.

B. No more than 20% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation; however, in no case shall the total area devoted to the home occupation exceed 500 square feet.

C. 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 A-1 and R-1 Districts, the home occupation may be carried on in an accessory structure, provided the gross floor area of the accessory structure shall not exceed 20% of the gross floor area of the principal dwelling.

D. There shall be no mass production of products on the premises of the home occupation. Handcrafted items may be produced on the premises.

E. A limited number of samples of articles produced on the premises may be displayed for the purposes of accepting orders. Articles produced on the premises shall be displayed in quantity only off the premises at a retail outlet, consignment shop or product or craft show.

F. There shall be no display on the premises of merchandise available for sale that 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. In addition, small amounts of products may be sold as an accessory use to the principal use, such as sale of beauty products accessory to a beauty shop and similar situations.

G. 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, that may be attached to the wall of the dwelling or to the mailbox.

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

I. Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 245-170 of this chapter.

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

K. 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.

L. 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.

M. In the R-1, R-2, R-3 and R-4 Districts, the operator of the home occupation shall not use commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be parked on the premises.

N. Materials or equipment used in the home occupation shall not be stored outside.

O. Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area containing a minimum of two parking spaces in addition to the spaces required for the dwelling.

P. The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

(1) Artist, photographer or handicrafts studio.

(2) Catering off the premises.

(3) Contracting business, excluding outside storage of materials or equipment.

(4) Computer programmer, data processor, or writer.

(5) Consultant, clergy, counselor, bookkeeping, graphics or drafting services.

(6) Dressmaker or tailor.

(7) Professional offices that involve routine visitation by customers or clients.

(8) Housekeeping or custodial services.

(9) Interior designer.

(10) Jewelry and/or watch repair, not including wholesale or retail sales.

(11) Lawn mower and small engine repair in the A-1 District only.

(12) Locksmith.

(13) Mail-order business.

(14) Manufacturer's representative.

(15) Repair of small household appliances that can be hand carried.

(16) Telemarketing.

(17) Travel agent.

(18) Tutoring or any other instruction to no more than four students at any one time.

(19) Word processing, typing, or secretarial services.

Q. 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) Contractor's yard.

(6) Funeral homes.

(7) Group care facility, personal care boarding home or transitional dwelling.

(8) Kennels and veterinary clinics.

(9) Landscaping contractor.

(10) Private clubs.

(11) Private instruction to more than five students at a time.

(12) Restaurants or tearooms.

(13) Retail or wholesale sales; flea markets.

(14) Sale of guns, firearms and ammunition.

(15) Tanning or massage salon.

(16) Tourist or boarding home, other than bed-and-breakfast.

(17) Vehicle or equipment rental, repair or sales.

(18) Vehicle repair garages.

R. The acceptability of any proposed home occupation not specifically listed above shall be determined by the Board of Supervisors in accordance with the standards of this section and the applicable criteria for comparable uses not specifically listed in § 245-121.

§ 245-130 Hospitals; medical clinics; nursing homes.

A. The minimum lot area required for a medical clinic or nursing home shall be two acres. The minimum lot area required for a hospital shall be 10 acres.

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

C. The property shall be served by public water and public sewers.

D. All nursing homes and hospitals 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.

E. Water pressure and volume shall be adequate for fire protection.

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

G. 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.

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

I. All property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area B, as described in § 245-171A of this chapter.

J. Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PADEP) and the United States Environmental Protection Agency (EPA).

K. If a private-use helipad for air ambulances is proposed accessory to a hospital, the use shall comply with § 245-151 of this chapter.

§ 245-131 Junkyards. [1]

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, except for the storage of minimal quantities of gasoline and oil drained from vehicles authorized by Chapter 141, Junkyards and Junk Dealers, of the Code of the Township of South Strabane.

E. The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PADEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PADEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 245-212 of this chapter.

F. The manner of storage of junk or other materials or equipment on the site shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.

G. The junkyard operation shall comply with the performance standards of § 245-170 of this chapter.

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 six 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 Subsection K below and shall be maintained in good condition.

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

K. Buffer Area A, as described in § 245-171A of this chapter, shall be provided along all property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District.

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 submit a stormwater management plan to control runoff for review and approval by the Township Engineer.

N. The operator shall obtain a license in accordance with Chapter 141, Junkyards and Junk Dealers, of the Code of the Township of South Strabane, prior to initiating operations, that shall be renewable annually upon payment of the required license fee established from time to time by resolution of the Board of Supervisors and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.

[1] Editor's Note: See also Chapter 141, Junkyards and Junk Dealers.

§ 245-132 Juvenile incarceration facilities.

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 42 Pa.C.S.A. § 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 described by § 245-171A 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 property located in an A-1, R-1, R-2, R-3 or R-4 District shall be 100 feet. All other side and rear yards shall be 50 feet.

[Amended 6-26-2011 by Ord. No. 4-2011; 6-26-2012 by Ord. No. 2-2012]

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 space 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 provided 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 approval of construction drawings for a 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 Uniform Construction Code and the Township Fire Code.[1]

[1] Editor's Note: See Ch. 95, Construction Codes, Uniform.

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 section, 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 Supervisors, 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 Supervisors 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.

§ 245-133 Juvenile personal care homes; child residential facilities.

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 or a sewage treatment system approved by the Pennsylvania Department of Environmental Protection (PADEP).

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 persons, including juveniles and staff. The number of juveniles shall be limited to no more than eight persons.

D. The minimum lot area required to house at least nine juveniles, but no more than 16 juveniles, shall be three acres.

E. The minimum lot area required to house at least 17 juveniles, but no more than 24 juveniles, shall be five acres.

F. The minimum lot area required to house 25 or more juveniles shall be 10 acres.

G. If more than eight 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 Pennsylvania 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 section.

J. Buffer Area C, as described in § 245-171A of this chapter, shall be installed along any property line adjoining property in an A-1, R-1, R-2, R-3 or R-4 District.

K. Except for the minimum site size required in Subsection C above, the area and bulk regulations for the I-1 District contained in Article XII of this chapter shall apply.

L. 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 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 the Pennsylvania Code, as now or hereafter amended.

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 of Title 55 of the Pennsylvania Code, 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 Board of Supervisors, 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 Pennsylvania Department of Labor and Industry approval as a condition precedent to obtaining a certificate of occupancy.

T. The applicant shall comply with fire-protection provisions of the current edition of the Uniform Construction Code and the Township Fire Code.[1]

[1] Editor's Note: See Ch. 95, Construction Codes, Uniform.

U. The applicant shall present evidence to the Zoning Officer or other Township designee 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 or other Township designee, 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 or other Township designee 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 section, 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 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 Supervisors, 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 Supervisors and shall be renewed annually by submitting evidence of compliance with the original conditional use approval to the Zoning Officer or other Township designee. Renewal shall not require processing of an application for conditional use approval, unless the Zoning Officer or other Township designee determines that there have been substantive changes in the operation that would require processing of an amended conditional use application.

§ 245-134 Kennels.

A. If required by the Pennsylvania Department of Agriculture, the kennel shall be licensed by the commonwealth.

B. The maximum capacity of the kennel shall be 25 animals.

C. In the A-1 District, kennels shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of 10 acres.

D. Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line adjoining property in an R-1, R-2, R-3 or R-4 District.

E. Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a minimum six-foot-high fence with a self-latching gate and shall be screened by Buffer Area C, as described in § 245-171A of this chapter.

F. The operator shall submit an animal waste management and disposal plan to the Township.

§ 245-135 Landfills.

A. The minimum site area shall be 100 acres.

B. The site shall have frontage on and direct vehicular access to an arterial or collector street, 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 of a damaged roadway due to weight in excess of the posted weight limits for the road, as required by this chapter, shall result in forfeiture of the required bond. Those portions of the Township streets that 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 property in an A-1, R-1, R-2, R-3 or R-4 District.

H. All property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area A, as described in § 245-171A 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 Protection (PADEP) and/or the United States 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 shall result in the suspension or revocation of the certificate of occupancy or enforcement of the penalty provisions of this chapter, or both.

N. In January of each year, the operator shall apply to the Zoning Officer for renewal of the certificate of occupancy in accordance with § 245-215 of this chapter and shall present evidence of continuing compliance with all conditions of approval and required state or federal permits.

§ 245-136 Landscaping contractors.

A. The minimum site required shall be two acres.

B. Ingress, egress and traffic circulation on the site shall be designed to accommodate commercial vehicles, as defined herein.

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

D. Storage bins for landscaping supplies and outdoor displays of landscaping materials shall be located to minimize any runoff onto adjacent properties or streams and shall be maintained so that landscaping materials are contained on the site and are not adversely affected by wind conditions.

E. All equipment shall be stored within a completely enclosed building, as defined herein.

F. If vehicles are not stored within a completely enclosed building, off-street parking shall be provided for each vehicle that does not obstruct access to any storage bins or outdoor display areas. Off-street parking for business vehicles shall be in addition to the parking spaces required for customers.

G. Outdoor storage of materials, equipment or vehicles shall not be located within 50 feet of any property line adjoining property in an A-1, R-1, R-2, R-3 or R-4 District, and Buffer Area C, as described in § 245-171A of this chapter, shall be provided along that property line for a distance sufficient to screen any adjacent dwelling and its rear yard from the outdoor storage area.

[Amended 6-26-2011 by Ord. No. 4-2011; 6-26-2012 by Ord. No. 2-2012]

§ 245-137 Life care communities.

A. The minimum site required for a life care community shall be 20 acres.

B. The site shall be served by public water and public sewers.

C. The site proposed for a life care 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.

D. A life care community shall include one or more of the following dwelling types:

(1) Single-family dwellings.

(2) Two-family dwellings.

(3) Triplexes; quadraplexes.

(4) Townhouse buildings.

(5) Garden apartment buildings.

E. In addition to the foregoing dwelling types, a life care community shall include the following supporting uses:

(1) Assisted living facility and/or independent living facility.

(2) Common leisure and/or recreational areas.

(3) Common dining area.

(4) Nursing home and/or personal care boarding home, licensed by the commonwealth.

F. In addition, a life care community may 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 a beauty shop, barbershop, common laundry facilities, or a dry-cleaning valet.

(5) Ice cream parlor and/or florist/gift shop for the use of residents and their visitors only.

(6) Elderly day-care center licensed by the commonwealth.

(7) Taxi, van or similar transportation services for the residents.

G. The maximum dwelling unit density permitted in a life care community shall be 12 dwelling units per acre. The calculation of dwelling unit density shall not include beds in a nursing home or personal care boarding home.

H. All principal and accessory structures shall be located at least 75 feet from any property line adjoining property in an A-1, R-1, R-2, R-3 or R-4 District. Along all other property lines, all principal and accessory structures shall be located at least 50 feet from the property line boundaries of the life care community development site.

I. Where two or more principal buildings occupy the same lot, the minimum distance between the buildings shall be 20 feet.

J. Minimum lot area, lot width and setbacks for recorded lots proposed for dwellings within the life care community development shall comply with the following requirements:

(1) Minimum lot area:

(a) Single-family, two-family, triplex or quadraplex: 6,000 square feet per dwelling unit.

(b) Townhouse: 3,000 square feet per dwelling unit.

(c) Garden apartment: one acre.

(2) Minimum lot width:

(a) Single-family, two-family, triplex or quadraplex: 50 feet.

(b) Townhouse: 25 feet.

(c) Garden apartment: 150 feet.

(3) Front yard: 25 feet.

(4) Side yard: 10 feet, unless attached to another unit.

(5) Rear yard: 20 feet.

K. Buffer Area B, as described in § 245-171A of this chapter, shall be provided along all property lines adjoining property in any A-1, R-1, R-2, R-3 or R-4 District. The buffer area shall be located in the common areas and shall not be included in any individual lot containing a dwelling.

L. There shall be a minimum of two parking spaces for each single-family dwelling and one parking space for each other type of 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 §§ 245-183 and 245-184 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

M. Sidewalks shall be provided to connect buildings, common outdoor areas and parking areas.

N. 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.

§ 245-137.1 Light manufacturing facility.

[Added 4-14-2015 by Ord. No. 2-2015]

A. In the C-3 District, there shall be no limitation on the gross floor area of any light manufacturing facility.

B. Applications for approval shall be accompanied by a plan showing lot lines, adjacent land uses, entrances and exits, pedestrian ways, structure locations, sign placement, utility location and sources, storm drainage and provisions for buffering to screen adjacent properties. If new construction is proposed, a land development plan shall be required.

C. Buffer Area B, as described in § 245-171A, shall be provided along all property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District.

D. Design, architectural features, materials, landscaping and associated treatments shall be developed and maintained in a manner compatible with permitted uses in the district and the preservation of residential characteristics of any residential neighborhoods within the visible surrounds of the lot on which the light manufacturing facility is.

E. Ingress, egress and internal traffic circulation shall be designed to minimize congestion and ensure safety.

§ 245-138 Limited commercial uses in C-1 District.

A. In the C-1 District, the uses shall be limited to one or more of the following:

(1) Business or professional offices.

(2) Carry-out restaurant.

(3) Catering service, excluding rental hall.

(4) Convenience store.

(5) Delicatessen.

(6) Dry-cleaning pickup store.

(7) Financial institution.

(8) Food store.

(9) Medical offices.

(10) Personal services.

(11) Pet grooming.

(12) Retail businesses.

(13) Self-service laundromat.

(14) Video store, excluding adult video store.

B. The maximum floor area devoted to any single business establishment shall not exceed 5,000 square feet.

C. All other applicable area and bulk regulations of the C-1 District shall apply.

D. There shall be no outside storage or display of merchandise, materials or equipment associated with any business.

E. If a convenience store includes dispensing of gasoline, the standards specified in § 245-111 for automobile service stations shall be met.

F. Applications for approval shall be accompanied by a land development plan showing lot lines, adjacent land uses, entrances and exits, pedestrianways, structure locations, sign placement, utility location and sources, storm drainage and provisions for buffering to screen adjacent properties.

G. Buffer Area B, as described in § 245-171A, shall be provided along all property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District.

H. Design, architectural features, materials, landscaping and associated treatments shall be developed and maintained in a manner compatible with permitted uses in the district and the preservation of residential characteristics of the adjacent residential neighborhoods.

I. Ingress, egress and internal traffic circulation shall be designed to minimize congestion and ensure safety.

J. The parking requirements of §§ 245-182 through 245-184 shall be met.

K. The only sign permitted shall be a freestanding ground sign, provided the height shall not exceed six feet and the surface area of the sign shall not exceed 20 square feet. The sign shall be located at least 15 feet from any property line or street right-of-way line.

§ 245-139 Mid-rise structures and mid-rise apartments in C-2 District.

A. The minimum lot area required for mid-rise structures shall be three acres.

B. The use of the structure shall be limited to any use authorized as a permitted use, conditional use or use by special exception in the zoning district in which the structure is proposed.

C. Mid-rise apartments in the C-2 District shall only be authorized in combination with office or retail use that occupies the entire first floor of a mid-rise structure and which may occupy one or more floors above the first floor, provided the residential use is only on the floors above the office or retail use.

D. Each of the minimum required front, side and rear yard setbacks shall be increased by one foot for each foot of height of the structure in excess of 35 feet.

E. The maximum height of a mid-rise structure shall be six stories, but no more than 60 feet.

§ 245-140 Mine bore holes; mine ventilating shafts; mine portals.

A. The minimum site required for a mine ventilating shaft or mine portal shall be five acres.

B. The conditional use application shall provide the following information:

(1) A description of the character, timing and duration of the proposed operation, including maps and plans showing the location of the site, all access routes from the public roads, area and extent of the proposed activity.

(2) The location and identity of ownership of all structures and land uses that may be affected by the proposed operation and measures that will be taken to protect all structures and land uses from adverse impacts from the proposed use.

(3) The plans for restoring and reclaiming the areas following discontinuance of the underground mining.

(4) A description of plans for transportation of materials and equipment to construct the facility.

(5) A description of how the proposed use and facility will meet all applicable regulations concerning construction standards, sewage disposal, water supply and fire protection.

(6) A site plan of the proposed facility showing all structures, facilities, accessways, fencing and screening provisions.

C. Every bore hole shall be constructed and landscaped in a manner appropriate to the district in which it is located. The lot for a mine bore hole shall not be less than 1/2 acre, and such mine bore hole shall not be located within 50 feet of any property line. Open areas shall be covered with an appropriate vegetative material and properly maintained.

D. Where any building used primarily for human habitation, sleeping, cultural, social, educational, recreational, religious or similar activities exists on an adjacent property in the A-1, R-1, R-2, R-3 or R-4 District, no steady-state sound shall emanate from mine bore holes, mine portals or mine ventilating shafts that exceeds 60 dBA during any twenty-four-hour period, measured at a distance of 25 feet or less from that building.

E. Every ventilating shaft, including all structures intended to supply air or power to underground coal mines, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Ventilating shafts shall not be located within 100 feet of any property line. Open areas shall be covered with an appropriate vegetative material and properly maintained. Suitable baffles shall be utilized to protect the adjacent properties from the noise of exhaust fans consistent with the standards of Subsection D above.

F. All uses shall be completely enclosed by a metal fence not less than six feet high, with the top portion above the height of six feet (above ground level) to be constructed of barbed wire or other security material, with the entire fence being constructed in such a manner so as to prevent the entry onto the portion of the premises on which the use is situate by unauthorized persons, domestic animals or livestock.

G. All structures, operational activities and parking areas that are visible from any structure used for residential, cultural, social, educational, recreational, religious or similar purposes in an A-1, R-1, R-2, R-3 or R-4 District shall provide Buffer Area C, as described in § 245-171A of this chapter.

H. The applicant shall show evidence of compliance with designated weight limits on Township streets. The operator shall post a bond in favor of the Township prior to beginning operations to guarantee restoration of Township streets that may be damaged during mining operations.

§ 245-141 Mineral removal.

A. Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements 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 (PADEP) 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 Unites 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.

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 haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

F. No mineral removal shall be conducted that 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.

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 (PADEP) 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 that may be damaged during the mineral removal operations.

L. 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.

M. No top-of-slope or quarry wall shall be located closer than 100 feet to any property or street line. The perimeter surrounding the area of operation shall be fenced with a chain-link fence of a minimum height of six feet to prevent access by both animals and children.

N. No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating such products shall be permitted.

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. Blasting.

(1) If blasting is proposed, it shall be subject to approval by the Board of Supervisors. Applications for approval of blasting shall include the following information:

(a) A site survey documenting the land uses on the perimeter of the site.

(b) Photographs of preexisting conditions on immediately adjacent properties.

(c) Credentials, certifications and experience of the contractor selected to perform the blasting.

(d) References from previous projects of similar size and nature.

(e) A geotechnical report, prepared by a qualified geotechnical engineer, documenting subsurface conditions on the site and the potential impacts on adjoining properties and recommendations to mitigate negative impacts.

(2) If blasting is approved, a seismograph shall be placed on the site during all times when blasting is performed. Seismograph readings shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

Q. 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 Supervisors, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.

R. Once work is initiated under an approved application for a conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. 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.

S. During the mineral removal operation, the Township Engineer may inspect the site, at the request of the Board of Supervisors, 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.

§ 245-142 Mini warehouse or self-storage facilities.

A. The minimum site required shall be five acres.

B. The site shall have 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 from each arterial or collector street on which the site has frontage.

D. All one-way driveways shall have a minimum of one ten-foot parking lane, plus one fifteen-foot travel lane.

E. All two-way driveways shall provide a minimum of one ten-foot parking lane, plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.

F. All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

G. Parking shall be provided in accordance with the requirements of §§ 245-183 through 245-185 of this chapter.

H. Buffer Area B, as described in § 245-171A of this chapter, shall be provided along all property lines that adjoin property in an A-1, R-1, R-2, R-3 or R-4 District.

I. The perimeter of the site shall be fenced with a minimum eight-foot-high fence with a self-latching gate. Where outside storage is authorized, the fence around the outside storage area shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque.

J. Maximum building height shall be 20 feet.

K. The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units that are less than 15 feet in depth and 42 feet for storage units that are more than 15 feet in depth.

L. The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.

M. The maximum length of any storage building shall be 200 feet.

N. The maximum size of any storage unit shall be 14 feet wide, 40 feet deep and no more than one story and 15 feet in height. If storage units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.

O. Maximum lot coverage by all buildings shall be 40%.

P. Office space may be provided that shall not exceed 5% of the total floor area devoted to storage.

Q. No storage shall take place outside of an enclosed building, except that an outside storage area for boats and recreational vehicles may be approved as part of the applicant's request.

R. Storage units shall not be equipped with water or sanitary sewer service.

S. No business activity other than rental of storage units shall be conducted on the premises.

T. No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by Chapter 95, Article II, Fire Prevention, of the Code of the Township of South Strabane. 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 Chapter 95, Article II, Fire Prevention, of the Code of the Township of South Strabane. Written notice shall be given to all prospective tenants of this restriction on materials and substances permitted to be stored.

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

V. Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

W. The design of the storage buildings shall be sealed by a Pennsylvania-registered architect.

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

Y. One freestanding business identification sign shall be permitted that complies with the requirements of Article XVIII of this chapter for the zoning district in which the use is located.

§ 245-142.1 Mini warehouse or self-storage facility in C-2 District.

[Added 6-28-2022 by Ord. No. 4-2022]

A. The minimum site required shall be five acres.

B. The site shall have 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 driveway from each arterial or collector street on which the site has frontage.

D. All one-way driveways shall have a minimum of one ten-foot parking lane, plus one fifteen-foot travel lane.

E. All two-way driveways shall provide a minimum of one ten-foot parking lane, plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.

F. All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

G. Parking shall be provided in accordance with the requirements of §§ 245-183 through 245-185 of this chapter.

H. Buffer Area B, as described in § 245-171A of this chapter, shall be provided along all property lines that adjoin property in an A-1, R-1, R- 2, R-3 or R-4 District.

I. The perimeter of the site shall be fenced with a minimum eight-foot-high fence with a self-latching gate.

J. Maximum building height shall be three stories, but no more than 40 feet.

K. The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units that are less than 15 feet in depth and 42 feet for storage units that are more than 15 feet in depth.

L. The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.

M. The maximum length of any storage building shall be 200 feet.

N. The maximum size of any storage unit shall be 14 feet wide, 40 feet deep and no more than one story and 15 feet in height. If storage units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.

O. Maximum lot coverage by all buildings shall be 40%.

P. Office space may be provided that shall not exceed 5% of the total floor area devoted to storage.

Q. No storage shall take place outside of an enclosed building.

R. Storage units shall not be equipped with water or sanitary sewer service.

S. No business activity other than rental of storage units shall be conducted on the premises.

T. No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by Chapter 95, Article II, Fire Prevention, of the Code of the Township of South Strabane. 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 Chapter 95, Article II, Fire Prevention, of the Code of the Township of South Strabane. Written notice shall be given to all prospective tenants of this restriction on materials and substances permitted to be stored.

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

V. Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

W. The design of the storage buildings shall be sealed by a Pennsylvania- registered architect.

X. No signs shall be placed on the building's rooftops.

Y. One freestanding business identification sign shall be permitted that complies with the requirements of Article XVIII of this chapter for the zoning district in which the use is located.

Z. The South Strabane Township Planning Commission will review the design and provide recommendations to the Board of Supervisors, who have final authority to approve the design.

§ 245-143 Mobile home parks.

A. The application shall comply with all applicable requirements of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane governing mobile home parks.

B. The minimum site required for a mobile home park shall be five contiguous acres.

C. The site shall be served by public water and public sewers.

D. The minimum mobile home lot shall be 6,000 square feet in area. The minimum lot width shall be 60 feet.

E. Minimum setbacks and distances between mobile homes shall comply with the requirements of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane.

F. Every mobile home slab shall have access to a public or private street in accordance with the requirements of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane.

G. Each mobile home lot shall provide two off-street parking spaces.

§ 245-144 Motels; hotels.

A. The minimum site required shall be one acre.

B. The site shall be serviced by public water and public sewers.

C. The minimum front, side and rear yard setbacks for a building of three stories or less shall be 50 feet. Buildings in excess of three stories shall meet the requirements for mid-rise structures specified in § 245-139.

D. All areas of the site that are not covered by buildings or paving shall be planted and maintained in grass, ground cover, shrubs and trees.

E. Where two or more buildings are proposed on the same lot, the minimum distance between buildings shall be 20 feet, except, in the case where fronts and/or rears of buildings are parallel, the minimum distance between buildings shall be 80 feet.

§ 245-145 Multifamily dwellings in R-4 District.

A. Dwelling types authorized in the R-4 District include townhouses, garden apartments, mid-rise apartments and high-rise apartments. High-rise apartments shall only be located on properties within 1,000 feet of the property line of a lot in the C-2 or C-3 District.

B. The minimum site area required for townhouses and garden apartments shall be one acre. The minimum site area required for mid-rise apartments and high-rise apartments shall be three acres.

C. The minimum lot width shall be 150 feet.

D. The maximum dwelling unit density for townhouses and garden apartments shall be eight units per acre.

E. The maximum dwelling unit density for mid-rise or high-rise apartments shall be 16 units per acre.

F. For buildings in excess of 35 feet in height, the side and rear setbacks shall be increased by one foot for each foot of height over 35 feet.

G. All other area and bulk regulations of the R-4 District in § 245-48 shall apply.

H. Where two or more buildings are proposed on one lot, the minimum distance between buildings shall be 20 feet.

I. All property lines adjacent to property in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area B, as described in § 245-171A of this chapter.

J. All parking areas adjacent to property in an A-1, R-1, R-2, R-3 or R-4 District that are not screened by a buffer area shall be screened by a minimum six-foot-high compact evergreen hedge.

[Amended 6-26-2011 by Ord. No. 4-2011; 6-26-2012 by Ord. No. 2-2012]

K. All portions of the property not covered by buildings, driveways, parking, pools, shelters, gazebos or other paved areas shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.

L. The design and orientation of the buildings on the property shall take into account compatibility with the visual impact on adjacent single-family residential properties. The building and the property shall be effectively landscaped to minimize such impacts on adjacent residential properties.

M. On lots containing more than 50 dwelling units, indoor or outdoor recreational facilities, appropriate to the needs of the prospective residents, shall be provided, subject to approval by the Township Supervisors.

N. Off-street parking shall be provided in accordance with the requirements of § 245-183C.

§ 245-146 Nightclubs.

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 allowed by the Uniform Construction Code or Fire Codes[1] of the nightclub exceeds 100 persons.

[1] Editor's Note: See Ch. 95, Construction Codes, Uniform.

E. Any nightclub that proposes a maximum permitted occupancy allowed by the Uniform Construction Code or Fire Codes[2] of 200 or more persons shall be located at least 500 feet from any property line that adjoins property in an A-1, R-1, R-2, R-3 or R-4 District.

[2] Editor's Note: See Ch. 95, Construction Codes, Uniform.

F. Any nightclub that offers adult entertainment, as defined herein, shall be further subject to § 245-108 of this article.

§ 245-147 Oil and gas drilling, deep well.

[Amended 6-28-2016 by Ord. No. 2-2016]

A. All activities conducted in association with, and as a part of, oil and gas wells shall be in accordance with the laws of the Commonwealth of Pennsylvania existing and as amended, any applicable federal laws and in compliance with all applicable Township ordinances.

B. The proposed oil and gas well(s) shall be located a minimum of 1,500 feet from a protected structure. If a written notarized waiver by the property owner is obtained, a waiver of no more than 500 feet within the A-1 and I-2 Districts and no more than 1,000 feet within the I-1 District may be granted. The proposed oil and gas well(s) shall also be located a minimum of 2,500 feet from a public park or school. No waiver shall be permissible or granted in relationship to a public park or school.

[Amended 8-25-2020 by Ord. No. 5-2020]

C. Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle above the existing ambient light level when measured 10 feet from any lot line. The lot line in this case is referenced not only as on the ground itself, but also when projected vertically at 90°.

D. The applicant shall have obtained from appropriate commonwealth, and if applicable, federal regulatory agencies or authorities all permits required to be issued in accordance with applicable laws and regulations for the proposed use and specific number of proposed wells to be drilled at the applicant's site and said permits shall be provided to the Township prior to any activity taking place.

E. The applicant shall 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 Township's comprehensive planning strategies and with the network of roads 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.

F. In order to prevent adjacent residents from viewing the accumulation of man-made materials during phases of the operation, the applicant shall provide screening for any material that is to be stored outside of an enclosed structure in the event that any of the materials are readily visible from adjoining occupied residential properties.

G. The applicant shall provide and will continue to update a state-approved preparedness, prevention and contingency plan applicable to well leakage, spill containment, vandalism, creating unknown conditions, defective casing or cementing, potential communications between the well and public water supply and any other relevant area required to be addressed by said plan. Unless otherwise permissible by the Commonwealth of Pennsylvania, a well pad shall be constructed of impermeable surfacing. Fluids that are retrieved from any spill shall be contained in impermeable vessels as required by the Commonwealth of Pennsylvania Department of Environmental Protection (DEP) and/or United States Environmental Protection Agency (EPA).

H. Prior to well spud, the applicant shall meet with the Township safety control individuals, including but not specifically limited to the Fire Chief, Police Chief, Code Inspector, Township Engineer and County Emergency Management appointee to discuss or provide information regarding any proposed emergency responses to the preparedness, prevention and contingency plan. All associated materials shall be distributed to meeting attendees and the Township's municipal administrative office no less than one week prior to said meeting.

I. The applicant/operator shall supply proof of the required blanket bond issued, provided or being held by the Pennsylvania Department of Environmental Protection (DEP) to ensure proper plugging when the well is classified as inactive by the DEP.

J. The applicant/operator shall provide a schedule to the Township identifying dates for site preparation, anticipated drilling activity, anticipated completion, and anticipated stimulation or fracturing work to begin. The Township recognizes that said dates may be dependent upon variables such as the weather, availability of equipment, leasing permitting production and the like. However, such scheduling shall be updated and provided to the Township five days prior to the second regularly scheduled Board of Supervisors monthly meetings.

K. The applicant/operator, from the start of any drilling and/or fracturing/completion activities, shall provide twenty-four-hour security seven days a week at the access road. During operations said security shall include security personnel being present at the access road. During any other time, a locked gate, designed to prevent vehicular and pedestrian traffic, shall be acceptable. Further, if required by the Township safety and security personnel, the applicant will address all means necessary to protect its site and well head in a reasonable manner satisfactory to the Township.

L. The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the well site. When rights-of-way are determined and permitted, the operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities. The operator shall provide the Township with all state and federal permits that have been acquired, bonding agreements of such lines.

M. The proposed access road to the well site shall be an improved, dust-free, all-weather surface constructed and maintained in such a manner that no water, sediment, or debris will be carried onto any public street. Minimally, the first 150 feet of said access road shall be paved with asphalt. The applicant shall implement measures necessary (e.g., vacuum truck, wheel washers and the like) to ensure that no water, sediment, dust or debris is carried onto any public street. If through time, originally installed surfacing and/or implemented measures result in water, sediment, or debris being carried onto any public street, said surfacing and measures shall be re-evaluated and reconstructed with paving at lengths appropriate to achieve Township-stated results.

N. The applicant shall obtain a driveway permit for the construction and use of said access road if adjoining a Township road.

O. The applicant shall provide an approved off-street parking area for maintenance vehicles to wait or be positioned while gaining entrance to the access road and such shall be adequate so that it does not disrupt the normal flow of traffic on Township roadways.

P. Unless otherwise provided herein (e.g., noise), the applicant shall demonstrate compliance with the criteria of § 245-170.

Q. The applicant shall comply with and meet all Township standards with regard to performance standards of this chapter and to sound levels as provided in Township Code Chapter 148: Noise and Dust. The applicant acknowledges that if complaints regarding sound are received and that its activities exceed sound decibel levels greater than defined by the Township's Code § 148-6C at receptor sites, the applicant shall take steps necessary to install sound muffling measures including sound walls, blankets, baffles, etc. to alleviate the noise.

R. There shall be no physical vibrations associated with the proposed operations detectible without instruments on any lot lines shared with adjacent properties.

S. All earth-moving activities and stormwater management on the subject property shall be subject to the terms and conditions of a DEP-approved erosion and sedimentation control plan and all related applicable permits. A copy of said plan and permit are to be provided to the Township for review prior to when such work is to begin and shall be on file at the construction site.

T. Unless otherwise required as part of the provisions of the Commonwealth of Pennsylvania, a community and environmental impact statement (statement), as related to the use on the site, shall be provided identifying the facility's safety, dangers and/or any and all reasonable safeguards necessary to implement the intent of this chapter. Said statement shall be prepared that identifies the impact of the project on the environment of the existing site and the resultant changes the proposal will have on the immediate lot and surrounding area, for the purpose of providing the Township with information to make more informed decisions relating to the proposed action. At a minimum, the statement shall provide the following information:

(1) A description of the proposed use, its purpose, a schedule of construction and length of operation and its interrelationship with other said uses within the Township. This information and technical data must be sufficient to allow a thorough assessment of the proposed use's environmental impact.

(2) A comprehensive description of baseline environmental conditions identified before any activities associated with the use.

(3) A description of the environmental impacts of the proposed use both during and after complete build-out of the proposed use. This description should focus both on the environmental details most likely to be affected by the use proposal and on the broader regional aspects of the environmental impacts, including ecological interrelationships. These impacts shall be defined as direct or indirect changes in the existing environment, and as either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment, but upon the use also.

(4) Provide separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks with supporting statistics developed by an analysis of similar use in similar locations.

(5) A discussion of measures which are required to or may enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring. Include sufficient documentation and supporting material to demonstrate that the proposed measures will function as expected.

(6) Hydrologic analysis and information, including but not limited to a description, inventory, analysis, and evaluation of the existing groundwater conditions. This analysis must be focused in terms of both surface water and groundwater quality and quantity, a discussion of likely and possible changes to these resources, and a discussion of measures to reduce or mitigate the identified impacts. Included here should be a mention of those Township residents who depend on well water within the setback applicable to this use.

U. Unless otherwise identified by the Township Road Maintenance Agreement, the applicant shall be responsible for all damage to any Township roadways caused by the activity of the applicant. Said damage shall be determined by the Township-appointed road inspector. Costs associated with road inspection shall be the responsibility of the applicant.

V. Unless otherwise identified by the Township Road Maintenance Agreement, the applicant shall, prior to any construction or activity, improve the street/road on which the development exists with such improvements including, but not necessarily limited to, widening in certain areas, upgrading base and topcoat construction and resurfacing. Said improvements and maintenance shall continue throughout the course of activity taking place on the site. The proposed improvements shall be provided to the Township for review and approval, prior to such activity taking place. Said improvements, construction and resurfacing shall begin and be completed before pad construction commences.

W. The applicant will enter into a Road Maintenance Agreement and provide to the Township, according to Township standards, road bonds to be held by and on behalf of the Township.

X. Consistent with § 245-103B which remains in effect, within 10 years of application approval, where some but not all previously approved wells on an approved lot have been drilled, the applicant shall report to the Township at a regularly scheduled meeting of the applicant's plan to drill one or more of the remaining approved wells. Conditional use approval shall expire related to any wells not drilled within the time frame above. At any point in time, if the applicant seeks to drill or place activities/facilities not illustrated on any prior approved site plan, the applicant shall seek conditional use approval according to Township ordinances for any said additional activity/facility.

Y. The applicant shall provide adequate, obvious and specific signage as to the route vehicles associated with the proposed activity are to travel and utilize.

Z. Wastewater shall be stored in temporary aboveground enclosed storage tanks. Unless otherwise required by the Commonwealth of Pennsylvania, secondary containment shall be placed around said tanks.

AA. Necessary local permits for all temporary waterline(s) shall be required.

BB. If the applicant conducts any pre-drill water analysis associated with the lands of Township residents, the applicant shall provide full results to said residents within a reasonable time (no later than 14 calendar days) following the applicant's receipt of said information from the certified lab conducting the analysis.

CC. The applicant shall provide the Township with contact information which will allow representatives of the applicant to be contacted 24 hours a day, seven days a week to address any issue, complaint and/or emergency.

DD. Within 24 hours of the applicant, land owner, or developer receiving a complaint as submitted by an individual to the Township, the applicant, land owner, or developer shall respond to the Township and the complaining party, the applicability, scale and timing of the investigation process needed to determine what corrective action will be required. While Township acknowledges that specific resolution of a complaint may not occur within 24 hours of notification, applicant will take steps necessary to address said complaint by acknowledging it, and providing Township and complainant with a plan on how it intends to address the issue.

EE. The applicant shall continue to review the efficiency and safety of all traffic plans and routes and will meet with the Township representatives to address any issues regarding said plan or route, including traffic flow and safety.

FF. During times when there is heavy traffic, movement of large equipment and/or similar demands on the Township road network, the applicant shall provide flagmen, traffic control devices, etc. along the route to maintain the safe flow of traffic along said route. In addition, at any point in time when it appears that for safety reasons, flagmen or such traffic control measures are warranted, then such shall be implemented by the applicant.

GG. Provisions of § 245-212 shall apply regarding any noncompliance of an approved conditional use.

HH. The applicant must comply with all applicable OSHA laws and regulations. The applicant, in its selection of contractors, shall review information such as the total recordable injury rate (TRIR).

II. The applicant shall inform its operators that jake brake usage on trucks is to be restricted. The applicant shall place signs along the access routes advising drivers of this restriction.

JJ. The applicant shall maintain at the property, a current list and material safety data sheets (MSDS/SDS) for all chemicals used in the drilling and fracturing operation.

KK. The Township shall not in any manner assume any liability for any actions or nonactions committed by the applicant, its representatives, contractors or subcontractors at the proposed site subject to the conditional use.

LL. The applicant shall comply with all Township ordinances related to construction activity, and activity for the construction of the proposed well pad or access road, shall take place only during the hours set forth in said ordinance of between 7:00 a.m. to 7:00 p.m., Monday through Saturday.

MM. Truck idling on the site shall not exceed five minutes and requirements of Pennsylvania's Diesel-Powered Motor Vehicle Idling Act of 2008.[1]

[1] Editor's Note: See 35 P.S. § 4601 et seq.

NN. Temporary construction trailers.

(1) Temporary construction trailers for the housing of well site workers are not permitted upon the site except that for safety and security reasons during the well pad drilling and fracturing operations phase, but in no instance for a period of time exceeding 18 weeks. The applicant shall be permitted up to four temporary construction trailers to house a maximum total of 11 essential personnel as described and limited to:

(a) One consultant or on-site supervisor.

(b) One rig manager.

(c) Two directional drillers.

(d) Two mud loggers.

(e) One mud engineer.

(f) Two solids control individuals.

(g) Two MWD hands.

(2) The above identified individuals shall not be permitted to reside nor have guests for nonwork-related purposes on site during their nonworking days. Said trailers shall be subject to a temporary occupancy permit and meet all other applicable ordinances and regulations of the Township and the laws of the commonwealth. Should drilling operations exceed 18 weeks, the applicant must provide to the Township Manager any information to support the reason and length of time for the extension. Said trailers shall only be permitted if there is no similar housing site within two miles of the well pad site.

§ 245-148 Planned industrial parks; planned office parks; planned research or technology parks.

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 20 acres.

C. Once the improvements are completed in an approved planned industrial park, planned office park or planned research or technology park, lots within an approved and recorded plan may be sold and developed as independent entities for any authorized use in the zoning district in which it is located.

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 industrial park, planned office park or planned research and technology park is located shall be permitted in the planned industrial park, planned office park or planned research and technology 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 shall be 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. A perimeter setback of 100 feet shall be maintained along the side and rear property lines of the planned industrial park, planned office park or planned research or technology park.

H. All property lines on the boundary of the site that adjoin property in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area A, as described in § 245-171A of this chapter.

I. All proposed uses shall comply with the performance standards of § 245-170 of this chapter.

§ 245-149 Planned shopping centers.

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 shopping center, lots within the approved and recorded shopping center may be sold and developed as independent entities for any authorized use in the district.

D. Private streets may serve lots that are subdivided within an approved shopping center, provided the shopping center has frontage on a public street. Outparcels created within the shopping center shall meet the minimum lot area requirements of the zoning district. Subdivisions along building walls within the shopping center shall not be required to meet minimum lot area, lot width or yard requirements, provided the shopping center site complies.

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

F. Buffer Area A, as described in § 245-171A of this chapter, shall be provided along all property lines that adjoin any A-1, R-1, R-2, R-3 or R-4 District.

G. Sidewalks shall be installed in front of all stores.

H. 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.

I. 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.

J. Site lighting, if proposed, shall be designed with cutoff luminaires with a maximum cutoff angle of 60°. (See illustration in Appendix B.[1]) The maximum illumination at any property line adjoining property in any A-1, R-1, R-2, R-3 or R-4 District shall be 0.2 footcandle.

[Amended 6-26-2011 by Ord. No. 4-2011; 6-26-2012 by Ord. No. 2-2012]

[1] Editor's Note: Appendix B is included at the end of this chapter.

§ 245-150 Private clubs; community clubs.

A. Any establishment that 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.

B. All activities, other than outdoor recreation, shall be conducted within a completely enclosed building, as defined by this chapter. Doors and windows shall remain closed during any time that entertainment is presented.

C. There shall be no noise in excess of 60 dBA or vibration discernible along any property line adjoining property in an A-1, R-1, R-2, R-3 or R-4 District.

D. Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

E. Activities on the site and within the building shall comply with the noise standards specified in § 245-170 of this chapter.

F. All off-street parking that adjoins property in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area C, as described in § 245-171A of this chapter.

§ 245-151 Private-use helipads.

A. Only one private-use helipad shall be permitted on a lot or parcel.

B. Private-use helipads shall be located at least 250 feet from any property line or public street, except for helipads accessory to a hospital that may be located so as to maximize accessibility to existing emergency facilities.

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

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

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

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

G. Maintenance of aircraft shall be prohibited, except for maintenance of an emergency nature.

H. There shall be no storage of fuel at the helipad.

I. There shall be no basing of aircraft at the helipad.

J. The helipad shall be fenced and secured at all times to preclude access by the general public.

K. Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be provided. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the helipad.

L. Lighting shall be shielded away from adjacent properties.

§ 245-152 Public parking lots and garages.

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, unless they are located within the site of an approved planned shopping center.

B. All public parking lots or public parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking lot or garage.

C. The design of any parking garage proposed to be located on property that adjoins an A-1, R-1, R-2, R-3 or R-4 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 that are compatible with the residential character of adjoining properties.

D. Any public parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

E. Any public parking lot that is reserved, in part, for the customers or employees of a specific use shall be located within 500 feet of the specific use that it is intended to serve.

§ 245-153 Public utility buildings or structures.

A. The minimum lot area required for a public utility building shall be 21,780 square feet. There shall be no minimum lot area required for a public utility structure, provided all other area and bulk requirements can be met.

B. Maintenance vehicles shall be stored within a completely enclosed building, as defined herein.

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-high fence with a locking gate and is screened by 100% opaque screening material placed in the fencing or by a six-foot-high, dense, compact evergreen hedge.

D. Any area of the building that 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 that is used for storage of material, vehicles or other equipment shall provide one parking space for each employee on peak shift, plus one space for each service vehicle stored on the lot.

§ 245-154 Radio or television transmitters.

A. The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC).

B. The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) regulations and any applicable airport zoning regulations.

C. In the C-2 District, the maximum height of any freestanding tower on which a radio or television transmitter is mounted shall be 100 feet. In the I-1 and I-2 Districts, the maximum height of any freestanding tower on which a radio or television transmitter is mounted shall be 300 feet.

D. If a radio or television transmitter is mounted on a building or other structure, the maximum height of the radio or television transmitter shall not exceed 100 feet, measured from the ground elevation at the base of the building or structure to the top of the transmitter.

E. If a radio or television transmitter is proposed to be mounted on a building or other structure, certification by a registered professional engineer shall be submitted certifying that the building or structure is structurally sound, and that the installation is designed to withstand expected wind and other loads.

F. The setback from all property lines shall be equal to 110% of the tower height.

G. The installation and all accessory equipment shall be fenced or otherwise secured to prohibit access by the public.

H. If the installation is not directly accessible from a driveway or off-street parking area, access to the equipment shall be provided by means of a right-of-way that is at least 20 feet in width and is improved with a dust-free, all-weather surface for its entire length.

I. At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers. Manned installations shall provide one parking space for each employee working on the site.

§ 245-155 Recreational farmettes.

A. A minimum site of five contiguous acres shall be required.

B. The primary residence of the owner of the animals shall be located on the same parcel of land on which the animals are maintained.

C. Animals shall not be bred or sold and shall be kept only for noncommercial purposes, for recreation and/or food production for the immediate resident family.

D. Animals kept shall be limited only to those species normally raised in the area. The number of such species shall be limited as follows:

(1) A minimum of 2.5 acres per animal shall be required for large animals, such as horses, cattle, lambs, goats and the like.

(2) The maximum number of small mammals and fowl (such as rabbits and poultry) shall not exceed a total of 12 mammals or fowl.

E. Under no circumstances shall the raising and maintenance of pigs, swine and hogs be permitted.

F. Animals kept shall not include any species specifically prohibited by Chapter 59, Animals, Article II, Exotic and Wild Animals, of the Code of the Township of South Strabane, as now or hereafter amended.

G. Buildings used for animal raising shall be a minimum of 300 feet from any property line, and all corral and pasture areas shall be fenced.

H. All activities shall be conducted so as not to create nuisances or dangers to public health and safety.

I. The area of the property used to house and maintain the animals shall be enclosed by a minimum six-foot-high fence.

J. Agricultural sales, as authorized by § 245-177E, shall not be permitted.

K. Storage of manure or odor- or dust-producing substances shall be located at least 200 feet from any property line.

§ 245-156 Regional commercial developments.

A. For any site of 100 acres or more proposed for a regional commercial development, as defined by this chapter, conditional use approval shall be required.

B. The development plan for the regional commercial development site shall provide either direct vehicular access, as defined by this chapter, to an arterial or collector street or access through an existing or approved regional commercial development site that has direct vehicular access, as defined by this chapter, to an arterial or collector street. The development plan may provide an "emergency only" access to an existing local street, as defined by this chapter.

C. Conditional use approval shall be prerequisite to obtaining land development plan approval for any phase of the proposed development; however, if all application requirements of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane for a land development plan are met, land development plan approval for any phase of the proposed development may be processed concurrent with the application for conditional use approval of the entire development site.

D. The regional commercial development site shall be under single ownership and control, as defined by this chapter, at the time that an application for conditional use approval is filed.

E. Following conditional use approval of the regional commercial development, the site may be subdivided for the purpose of leasing or conveying outparcels or leaseholds within the approved regional commercial development; however, each outparcel or leasehold shall be subject to all conditions and restrictions established by the developer of the regional commercial development, as well as those conditions and restrictions attached to the conditional use approval by the Township.

F. For any use that is listed in § 245-71A(1)(b) as a permitted use in an approved regional commercial development, conditional use criteria that may be specified in other sections of this article for such use shall not apply to that use when proposed as part of a regional commercial development, provided all applicable criteria of this section are met.

G. Uses accessory to a recreational equipment center or facility, such as a nature center, museum, golf practice range or facility, trap, skeet, archery or firing range, equipment testing track or skills practice or competition area, that are located entirely within a completely enclosed building shall be authorized as a permitted use by right.

H. Uses accessory to a recreational equipment center or facility, such as a nature center, museum, golf practice range or facility, trap, skeet or archery range, equipment testing track or skills practice or competition area, that are conducted partially or entirely outside a completely enclosed building may be authorized by the Zoning Hearing Board as a use by special exception, provided all of the following criteria are met:

(1) The Zoning Hearing Board shall evaluate the proposed location of the use with respect to its environmental impacts, including, but not limited to, noise, lighting, dust, erosion, and odor, on adjacent residential properties and public streets.

(2) The Zoning Hearing Board shall evaluate the proposed location of the use with respect to its impact on the safety of adjacent residential properties, public streets, parking areas and other commercial uses within the regional commercial development.

(3) The Zoning Hearing Board shall consider whether increased setbacks are warranted to protect adjacent properties from the impacts of the proposed use. In the case of any use that involves projectiles (golf balls, arrows, spent shot or bullets), the minimum required setback from any property line shall be 1,000 feet.

(4) In the case of any use that involves projectiles (golf balls, arrows, spent shot or bullets), the Zoning Hearing Board shall consider whether bunkers, backstops or nets are warranted to protect adjacent properties and public streets and where conspicuous warning signs should be installed.

(5) If applicable, the applicant shall present a noise mitigation plan.

(6) The Zoning Hearing Board shall consider whether any limits on the hours of operation of the proposed use are warranted.

(7) If necessary to guarantee the safety of the public, the Zoning Hearing Board may require that the facility be secured after business hours to restrict unsupervised access by the general public.

I. The regional commercial development site shall be designed as an integrated development, with shared parking, loading and access facilities and complementary signage and architectural themes, including similar architectural styles, building materials, rooflines, windows and other architectural design features.

J. The regional commercial development 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.

K. The conditional use application shall be accompanied by a traffic impact study, as defined herein, that specifically addresses the proposed uses and their trip generation characteristics, including truck traffic, and an assessment of traffic control and road improvements internal and external to the site that are necessary to support the proposed development.

L. The applicant shall submit the traffic impact study to the Pennsylvania Department of Transportation (PennDOT) and shall present written comments from PennDOT with the conditional use application. Certificates of occupancy for certain buildings or phases within the regional commercial development shall be withheld if the traffic impact study demonstrates that a hazardous condition will be created unless certain improvements recommended or required by PennDOT have been fully implemented or financial surety has been posted to guarantee their full implementation.

M. The public streets identified in the traffic impact study as the primary route to and from the regional commercial development site providing access to the limited access highway interchanges shall have sufficient carrying capacity, in the opinion of the Township's Traffic Engineer, to provide a minimum level of service of "C" at all intersections along such streets and shall possess all other capacity and safety features necessary to safely and efficiently handle traffic along such streets projected from the regional commercial development.

N. A minimum of 15% of the regional commercial development site shall be maintained as public or private open space. The required buffer areas may be included in the calculation of public or private open space. Once the open space requirement is met on the total regional commercial development site, individual lots within the regional commercial development shall be exempt from complying with this requirement to provide public or private open space. The Board of Supervisors may require that restrictive covenants be recorded with the deeds to guarantee the preservation of the required open space in perpetuity.

O. A minimum setback of 100 feet shall be maintained around the perimeter of the regional commercial development site, except along any property line adjoining property in an A-1, R-1, R-2, R-3 or R-4 District, where the setback shall be 200 feet.

P. Buffer Area A, as described in § 245-171A of this chapter, shall be provided along all property lines adjoining property in an A-1, R-1, R-2, R-3 or R-4 District. The buffer area may be located within the required two-hundred-foot setback.

Q. In addition to the required buffer area, landscaping shall be provided in accordance with § 245-171J of this chapter.

R. A lighting plan shall be submitted with the conditional use application showing the height and type of all exterior lighting fixtures. The lighting devices shall be designed with shields, reflectors or refractor panels that direct or cut off light at a cutoff angle that is less than 60°.

S. A photometric plan shall be submitted demonstrating compliance with the requirement that there shall be no spillover lighting on any adjacent property in an A-1, R-1, R-2, R-3 or R-4 District in excess of 0.2 footcandle.

§ 245-157 Research and development; pilot manufacturing.

A. All materials and equipment shall be stored within a completely enclosed building, as defined by this chapter.

B. The use shall comply with all performance standards specified in § 245-170 of this chapter.

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

D. An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Township Fire Marshal for his records.

E. If the site is located within 500 feet of a residential dwelling, the hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

F. Pilot manufacturing shall be permitted only as an accessory use when it is directly related to research and development activities authorized as a principal use.

G. The total floor area devoted to pilot manufacturing shall not exceed 25% of the total floor area of all buildings devoted to research and development.

§ 245-158 Sportsmen's clubs.

A. The minimum site required shall be 10 acres.

B. Any outdoor lighting shall be shielded and reflected away from streets and adjoining properties.

C. Discharging of firearms outdoors shall not be located within 1,000 feet of any existing residence and shall cease operations at sunset.

D. All other outdoor activities, except the discharging of firearms, shall not be located within 500 feet of an existing residence and shall cease operations at sunset.

E. The use shall comply with the performance standards of § 245-170 of this chapter.

F. All properties adjoining property in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area B, as described in § 245-171A of this chapter.

G. If the club proposes an outdoor shooting range, the following criteria shall be met:

(1) The shooting range shall not be illuminated; and

(2) Two parking spaces shall be provided for each shooting position or station, in addition to the parking required for the clubhouse.

§ 245-159 Temporary uses or structures.

A. A peddler's license, as required by Township ordinance, shall be obtained.[1]

[1] Editor's Note: See Ch. 169, Peddling and Soliciting.

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, C-2 and C-3 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 that 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 section.

(2) Evidence of an approved permit from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services, 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 of 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 that adversely affects any adjoining property in an A-1, R-1, R-2, R-3 or R-4 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 rest room facilities available to the public, unless the existing business on the site has rest room facilities that will be available to the public visiting the temporary use.

(9) Tables and chairs shall be adequately secured or stored inside when not in use to eliminate the possibility of them being subject to wind or theft hazards.

(10) Seating areas on a public sidewalk shall not be enclosed by any railing or fence that would permanently obstruct the public sidewalk.

(11) 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 all 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. Temporary uses or structures that are authorized for a specific event with a duration of less than 30 days shall be removed within 48 hours after the completion of the event. All temporary uses or structures authorized for a specific event with a duration of 30 days or more 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 that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of §§ 245-183 and 245-184 for the proposed use.

G. Vehicular access for all temporary uses or structures that 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 that 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 that are proposed as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.

J. All applications for temporary uses shall demonstrate compliance with the performance standards specified in § 245-170 of this chapter.

§ 245-160 Truck and heavy equipment rental, sales and service.

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. No part of any truck or heavy equipment or accessories displayed outdoors shall be less than 35 feet from any A-1, R-1, R-2, R-3 or R-4 District, nor less than 20 feet from any other 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 that does not have all of the mechanical and body components necessary for its safe and lawful operation.

E. A permanent structure for office administration, sales, rental and/or servicing shall be provided.

F. All property lines adjoining an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area A, as described in § 245-171A of this chapter.

§ 245-161 Truck terminals.

A. The minimum site required for a truck terminal 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. Access to a local street, as defined by this chapter, shall not be permitted.

C. No point on the site boundary shall be located within 300 feet of any property line of a property containing a residential dwelling.

D. Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.

E. Site lighting shall be designed with cutoff luminaires that have a maximum cutoff angle of 60°. (See illustration in Appendix B.[1]) The maximum illumination at any property line shall be 0.2 footcandle.

[1] Editor's Note: Appendix B is included at the end of this chapter.

F. All property lines adjoining property located in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area A, as described in § 245-171A of this chapter.

G. In the front yard, an earthen mound shall be provided along the entire public street frontage, and Buffer Area A, as described in § 245-171A of this chapter, shall be planted on the earthen mound. All landscaping shall comply with the provisions of § 245-172D regarding visibility at driveway entrances.

H. Off-street parking and loading shall be provided in accordance with the requirements of Article XVII of this chapter.

I. All materials and equipment shall be stored within a completely enclosed building, as defined herein.

J. No repair of vehicles shall be permitted outside a completely enclosed building, as defined herein.

K. All operations shall comply with the performance standards of § 245-170 of this chapter.

§ 245-162 Two-family dwellings.

A. The minimum lot size required to develop a two-family dwelling shall be 0.5 acre (21,780 square feet). Each dwelling unit shall require a minimum of 10,890 square feet per dwelling unit.

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

C. If the properties are proposed to be subdivided for fee simple ownership of each dwelling unit, the units may be divided along the common walls without a variance for the side yard required in the R-3 District, provided the minimum lot area of 10,890 square feet per dwelling unit is provided, and the minimum lot width of 75 feet is provided for each dwelling unit's lot, and all other applicable area and bulk regulations are met for each lot.

D. The design of the two-family dwellings shall be compatible with the style of the single-family dwellings on adjoining properties, if any. The orientation of the garages and entries to the two-family dwellings shall be designed to maximize the appearance of a large single-family dwelling.

E. Two integral parking spaces shall be provided for each dwelling unit.

F. The two-family dwellings shall be designed to incorporate privacy patios or interior courtyards for each dwelling unit, where feasible.

§ 245-163 Vehicle rental, sales and service.

A. The minimum site required for vehicle rental only shall be 21,780 square feet. The minimum site required for vehicle rental in combination with vehicle sales or service and for vehicle sales and/or service only shall be two acres.

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

C. Uses involving the servicing or repair of motor vehicles shall not be located any closer than 200 feet to any residential lot, school, church, playground or public building.

D. No article or merchandise shall be displayed outdoors less than five feet from the lot lines of adjacent properties.

E. The area used for the display of merchandise offered for sale or rental and the area used for the parking of customer and employee automobiles shall be continuously maintained in either concrete or asphalt.

F. All repair, servicing and customer car washing shall be conducted within a completely enclosed building, as defined herein.

G. Customer vehicles with external damage awaiting repairs shall be located either indoors or in an area outdoors, screened so that the vehicles will not be visible from the public street or from surrounding properties.

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

I. All lights and light poles shall be located and erected in such a fashion that the closest edge of such structure or equipment shall be not less than 10 feet from the nearest edge of the street right-of-way line, and all lights and illumination shall be directed into the sales area and away from the adjoining streets and adjacent lots. Spillover lighting shall comply with § 245-170G of this chapter.

§ 245-164 Vehicle repair garages.

A. Such use shall not be located within 100 feet of any property line adjoining property located in an A-1, R-1, R-2, R-3 or R-4 District.

B. Buffer Area A, as described in § 245-171A of this chapter, shall be provided along all property lines adjoining property located in an A-1, R-1, R-2, R-3 or R-4 District.

C. Storage of parts, dismantled vehicles and vehicles or equipment awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high hedge or opaque fence.

D. If vehicles are offered for sale, all requirements of § 245-163, other than minimum lot area and access to an arterial or collector street, shall be met.

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

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

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

H. Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PADEP) and the United States Environmental Protection Agency (EPA).

§ 245-165 Veterinary clinics.

A. The minimum lot area required for a veterinary clinic in the A-1 District shall be five acres.

B. The minimum lot area required for a veterinary clinic in the C-1 or C-2 District shall be 21,780 square feet, unless the veterinary clinic is located within a planned shopping center.

C. Veterinary clinics in the A-1 District may include outdoor kennels or runs, provided the requirements of § 245-177 are met.

D. Outdoor kennels or runs shall not be permitted in the C-1 and C-2 Districts.

E. Overnight boarding of animals, other than for medical supervision, shall be permitted if the animals are housed overnight within a completely enclosed building, as defined herein.

F. Kennels associated with veterinary clinics 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 § 245-212 of this chapter.

G. Kennels shall comply with the standards of § 245-134.

H. Odors shall be controlled so as to comply with the performance standards of § 245-170 of this chapter.

I. The veterinary clinic shall not be located within 300 feet of an occupied dwelling on adjacent property unless the building is soundproofed.

§ 245-166 Warehousing and distribution.

A. Any site that involves warehousing and distribution shall have direct access to an arterial or collector street, as defined by this chapter.

B. All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent property on which there is an existing dwelling by a six-foot-high hedge or opaque fence.

C. No shipping or receiving shall be permitted within 300 feet of property in an A-1, R-1, R-2, R-3 or R-4 District between the hours of 7:00 p.m. and 7:00 a.m.

D. All shipping and receiving facilities adjoining properties in an A-1, R-1, R-2, R-3 or R-4 District shall be screened by Buffer Area B, as described in § 245-171A of this chapter.

E. The storage, handling and disposal of hazardous or potentially hazardous materials, as defined by federal or state statute, shall not be permitted.

§ 245-167 Personal wind-energy systems.

A. The personal wind-energy system shall be accessory to an existing principal structure located on the same lot.

B. Only one personal wind-energy system shall be permitted on a lot.

C. The minimum lot area required to install a personal wind-energy system shall be one acre.

D. Roof-mounted personal wind-energy systems shall not be permitted unless a structural engineer provides an analysis that documents that the integrity of the structure on which it is proposed to be mounted will not be impacted by the installation or operation of the system.

E. All personal wind-energy systems, other than a roof-mounted system, shall be located within a side or rear yard. A personal wind-energy system shall not be located in any minimum required front yard.

F. The maximum height of the wind-energy system, as defined by this chapter, shall be 60 feet.

G. The personal wind-energy system shall be set back from all property lines, public street rights-of-way and aboveground utility lines a distance equal to 110% of the height of the wind-energy system, as defined herein.

H. The minimum clearance between the ground and any protruding blades utilized on a personal wind-energy system shall be 25 feet, measured at the lowest point of the arc of the blades.

I. The lowest point of the arc of the blades utilized on a personal wind-energy system shall be 25 feet above the height of any structure or the expected height, at maturity, of any tree located within 150 feet of the base of the personal wind-energy system.

J. All personal wind-energy system towers shall be self-supporting. No guy-wire-supported structures shall be permitted.

K. The applicant shall provide evidence that the proposed height of the personal wind-energy system does not exceed the height recommended by the manufacturer or distributor of the system.

L. Standard installation drawings shall be submitted showing the wind turbine structure, including the tower, the base and the footings. An engineering analysis of the tower showing compliance with the Uniform Construction Code[1] and certified by a licensed professional engineer shall be provided. This analysis may be provided by the manufacturer.

[1] Editor's Note: See Ch. 95, Construction Codes, Uniform.

M. The application shall be accompanied by a line drawing of the electrical components, in sufficient detail to determine compliance with the National Electrical Code. This information may be supplied by the manufacturer.

N. The applicant shall comply with all applicable regulations of the Pennsylvania Public Utility Commission governing generation of electricity for private use and shall provide evidence with the application that they have notified the applicable utility company of their intent to install a personal wind-energy system.

O. The personal wind-energy system generators and alternators shall be constructed so as to prevent the emission of radio and television signals. The applicant shall mitigate any signal disturbance problem identified after initiation of the operation within 90 days of identification.

P. The personal wind-energy system supporting tower and any related equipment shall be enclosed by an eight-foot-high fence. Fencing of the entire property on which the personal wind-energy system is located shall be acceptable to demonstrate compliance with this requirement.

Q. The applicant shall submit evidence from the manufacturer regarding the structural integrity of the tower, base and footings and the installation's ability to withstand expected wind loads.

R. The applicant shall submit evidence of certification of the proposed personal wind-energy system by the Small Wind Certification Council. The installer shall be certified by the North American Board of Certified Practitioners (NABCP).

S. Personal wind-energy systems shall comply with all applicable requirements of the Federal Aviation Administration (FAA).

T. Personal wind-energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).

U. Appropriate warning signage regarding electrical or other hazards shall be placed on the wind turbine towers and electrical equipment.

V. No tower shall have any sign, writing or picture that may be construed as advertising.

W. Personal wind-energy systems shall have a nonreflective, painted steel finish in a neutral color to reduce the visual impact.

X. Personal wind-energy system towers shall not be climbable for a distance up to 15 feet above ground level.

Y. All wiring shall be underground.

Z. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding or excessive pressure on the tower structure, rotor blades and turbine components.

AA. Audible sound from a personal wind-energy system shall not exceed 55 dBA for any period of time, as measured from the property line closest to the personal wind-energy system, except during short-term emergencies, such as utility outages and/or severe windstorms.

BB. A personal wind-energy system that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property, at the expense of the property owner, pursuant to an enforcement notice issued by the Zoning Officer in accordance with § 245-212 of this chapter.

§ 245-168 Wind farms.

A. The minimum site required for a wind farm shall be 10 acres.

B. If the applicant is not the landowner, the applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the proposed facility, and vehicular access is provided to the facility.

C. The applicant shall provide a general description of the project, including its approximate nameplate-generating capacity; the potential equipment manufacturer, type of turbines, number of turbines and nameplate-generating capacity of each turbine; and the maximum height of the towers.

D. Each wind turbine shall be set back from the nearest inhabited dwelling, school, hospital, church or public building a distance no less than two times the total height of the tower, plus the length of the turbine blades or 1,000 feet, whichever is greater.

E. Each wind turbine shall be set back from the nearest property line a distance no less than 1.1 times the total height of the tower, plus the length of the turbine blades, unless easements are secured from adjacent property owners.

F. Each wind turbine shall be set back from the nearest public street a distance no less than 1.1 times the height of the tower, plus the length of the turbine blades, measured from the nearest right-of-way of the public street.

G. Each wind turbine shall be set back from the nearest aboveground public electric power line or telephone line a distance not less than 1.1 times the total height of the tower, plus the length of the turbine blades, measured from the existing power line or telephone line.

H. The blade tip of any wind turbine shall have ground clearance at its lowest point of no less than 75 feet.

I. Wind turbines shall be painted a nonreflective, nonobtrusive color.

J. Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority.

K. Wind turbines shall not be used for displaying any advertising except for the reasonable identification of the manufacturer or operator of the wind farm.

L. Electrical controls, control wiring and power lines shall be wireless or not above ground, except where wind farm collector wiring is brought together for connection to the transmission or distribution network, immediately adjacent to that network.

M. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, television or telephone signals, caused by the wind farm.

N. Except during short-term emergencies, such as utility outages and/or severe windstorms, audible noise due to wind farm operations shall not exceed 50 dBA for any period of time when measured at any residence, school, hospital, church or public building existing on the date of approval of the wind farm.

O. In the event that audible noise due to a wind farm operation contains a steady pure tone, such as a whine, screech or hum, the standards in Subsection N above for audible noise shall be reduced by five dBA.

P. All wind turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

Q. All electrical components of the wind-power-generating facility (WPGF) shall conform to applicable local, state and national codes and relevant national and international standards (i.e., ANSI and International Electrical Commission).

R. As part of the application, a professional engineer shall certify that the design of the foundations and the proposed towers are within accepted professional standards, given local soil and climate conditions.

S. Appropriate warning signage shall be placed on wind farm towers, electrical equipment and wind farm entrances.

T. A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

U. Wind turbine towers shall be equipped with anticlimbing devices for a distance of 15 feet above the ground.

V. All access doors to wind turbine towers and electrical equipment shall be kept locked when the site is unattended.

W. The applicant shall demonstrate that it has obtained the required licenses from governing state and federal agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the wind farm and a certificate of insurance evidencing general liability coverage and property damage coverage for the wind farm.

§ 245-168.1 Freshwater retention facility.

[Added 6-28-2016 by Ord. No. 2-2016; amended 11-24-2020 by Ord. No. 7-2020]

A. In the A-1, I-1 and I-2 Districts, the minimum lot area in the district shall apply to freshwater retention facilities that are not located on an oil and gas drilling well site.

B. Freshwater retention facilities shall be fenced in accordance with Township standards to prohibit access by persons or animals.

C. Freshwater retention facilities shall be located at least 500 feet from any public street right-of-way or lot line. No waiver shall be permissible or granted in relationship to freshwater impoundments.

D. Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle above the existing ambient light level when measured 10 feet from any lot line. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn, except during maintenance activities on the site.

E. This site shall be sound-proofed as necessary to meet the maximum allowable noise levels permissible as specified in the Township Code. See also § 148-6C.

F. Water retention facilities shall be constructed in compliance with all applicable requirements of the Pennsylvania Department of Environmental Protection (PA DEP).

G. The operator shall obtain permission from the Township for any surface or buried waterlines that cross Township streets.

H. Water retention facilities shall not be subject to the parking requirements of Article XVII; however, an adequate area improved with a dust-free, all-weather surface shall be provided on the site for staging vehicles that make deliveries or service the site.

I. Unless otherwise required as part of the provisions of the Commonwealth of Pennsylvania, an environmental impact statement, as related to the use on the site, shall be provided identifying the facility's safety, dangers and/or any and all reasonable safeguards necessary to implement the intent of this chapter.

J. The applicant shall provide the Township with a plan showing the proposed truck routes to be utilized during the 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 Township's comprehensive planning strategies and with the network of roads 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.

K. The minimum lot size shall be two acres.

L. The applicant shall provide:

(1) Proof of certification by the manufacturer or appropriate independent testing and certification from a laboratory organization;

(2) If applicable, copies of any required reuse tank permit or WMGR 123 solid waste permits, from the appropriate state, federal, or independent certifying agency prior to the operation of a freshwater retention facility;

(3) Certification that the proposed tanks comply with the design standards set forth in the American Water Works Association (AWWA) B-1039 design manual or provide proof that equivalent or greater design standards are met; and

(4) Certification of the containment requirements (110%) of Act 13 and a geotechnical report must be obtained certifying that:

(a) Tanks are to be placed on cut and/or engineered fill that must support a minimum of 3,000 pounds per square foot of pressure;

(b) Core tests have been performed and the results satisfy the requirements of this section; and

(c) Tanks to be placed on cut or engineered fill certified by a registered professional geotechnical engineer per the recommendations of the geotechnical report for the site.

M. A survey/site plan sealed by a licensed professional engineer or surveyor must be provided indicating water storage location, other buildings, access roads, setbacks from adjoining property lines and structures.

N. All liners must be welded and tested in accordance with the applicable ASTM international standards. Any repairs to liners must be made using acceptable practices and applicable standards.

O. The operator or its contractor must supervise initial filling of all tanks in the retention facility and inspect for leaks during filling.

P. The applicant shall provide the time period in which the tanks for the freshwater retention facility will be constructed and disassembled.

Q. The applicant must provide notice at least seven days prior to an oil and gas well site being serviced by a freshwater retention facility, the operator must provide written notice to the Township with updated schedule information, including truck traffic information and truck routes.

R. Signs must be posted at the site of any freshwater retention facility to indicate the contents of the water tanks.

S. A containment plan shall be provided by the applicant. If an emergency occurs at the freshwater retention facility the operator shall notify the Township no later than 24 hours after the incident occurred or, if the incident is ongoing, no later than 24 hours after it began.

T. The applicant shall provide a reclamation plan to restore the property upon completion of the temporary use.

U. No activities shall be permitted to occur between the hours of 7:00 p.m. and 7:00 a.m. unless associated with a fracking completion. During fracking completions, the operator must provide written notice to the Township no later than 72 hours prior to operations commencing.

V. Activities on site directly related to fracking completions shall not exceed three contiguous months of operation. Fracking activity on site shall be limited to six calendar months within a year.

§ 245-168.2 Wastewater retention facility.

[Added 6-28-2016 by Ord. No. 2-2016; amended 11-24-2020 by Ord. No. 7-2020]

A. In the I-2 District, the minimum lot area in the district shall apply to wastewater retention facilities that are not located on an oil and gas drilling well site.

B. Water retention facilities, designed to hold wastewater, shall be fenced in accordance with Township standards to prohibit access by persons or animals and shall be equipped with bird netting.

C. Wastewater retention facilities shall be located at least 1,500 feet from any public street right-of-way or lot line. The wastewater retention facility shall also be located a minimum of 2,500 feet from a public park or school. No waiver shall be permissible or granted in relationship to wastewater retention facilities.

D. Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle above the existing ambient light level when measured 10 feet from any lot line. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn, except during maintenance activities on the site.

E. This site shall be sound-proofed as necessary to meet the maximum allowable noise levels permissible as specified in the Township Code. See also § 148-6C.

F. Water retention facilities shall be constructed in compliance with all applicable requirements of the Pennsylvania Department of Environmental Protection (PA DEP).

G. The operator shall obtain permission from the Township for any surface or buried waterlines that cross Township streets.

H. Water retention facilities shall not be subject to the parking requirements of Article XVII; however, an adequate area improved with a dust-free, all-weather surface shall be provided on the site for staging vehicles that make deliveries or service the site.

I. Unless otherwise required as part of the provisions of the Commonwealth of Pennsylvania, a community and environmental impact statement (statement), as related to the use on the site, shall be provided identifying the facility's safety, dangers and/or any and all reasonable safeguards necessary to implement the intent of this chapter. Said statement shall be prepared that identifies the impact of the project on the environment of the existing site and the resultant changes the proposal will have on the immediate lot and surrounding area, for the purpose of providing the Township with information to make more informed decisions relating to the proposed action. At a minimum, the statement shall provide the following information:

(1) A description of the proposed use, its purpose, a schedule of construction and length of operation and its interrelationship with other said uses within the Township. This information and technical data must be sufficient to allow a thorough assessment of the proposed use's environmental impact.

(2) A comprehensive description of baseline environmental conditions identified before any activities associated with the use.

(3) A description of the environmental impacts of the proposed use both during and after complete build-out of the proposed use. This description should focus both on the environmental details most likely to be affected by the use proposal and on the broader regional aspects of the environmental impacts, including ecological interrelationships. These impacts shall be defined as direct or indirect changes in the existing environment, and as either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment, but upon the use also.

(4) Provide separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks with supporting statistics developed by an analysis of similar use in similar locations.

(5) A discussion of measures which are required to or may enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring. Include sufficient documentation and supporting material to demonstrate that the proposed measures will function as expected.

(6) Hydrologic analysis and information, including but not limited to a description, inventory, analysis, and evaluation of the existing groundwater conditions. This analysis must be focused in terms of both surface water and groundwater quality and quantity, a discussion of likely and possible changes to these resources, and a discussion of measures to reduce or mitigate the identified impacts. Included here should be a mention of those Township residents who depend on well water within the setback applicable to this use.

J. The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on site to the Township Fire Department and to the Township Emergency Management Coordinator a minimum of 30 days prior to their use.

K. The applicant shall provide the Township with a plan showing the proposed truck routes to be utilized during the 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 Township's comprehensive planning strategies and with the network of roads 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.

§ 245-168.3 Compressor station.

[Added 6-28-2016 by Ord. No. 2-2016]

A. In the I-1 and I-2 Districts, the minimum lot area in the district shall apply to compressor stations.

B. To minimize impacts of ongoing compressor station noise on surrounding land uses, a compressor station shall not be located any closer than 2,500 feet to another existing or proposed compressor station. If noise-controlling structures or technologies reduce noise in accordance with § 148-6C, said distance may not be applicable to said proposed compressor station as reviewed by the Township Planning Agency and approved by the Township Board of Supervisors.

C. Compressor stations shall utilize only electric motors. The Board of Supervisors may approve the use of internal combustion engines, or some source other than electricity as part of the conditional use approval. However, any exhaust from internal combustion engine or compressor used in connection with said compressor 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 any 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 manufacturer specifications.

D. All principal buildings and accessory structures shall be set back at least 1,500 feet from any protected structure including a minimum of 100 feet from any lot line. The compressor station shall also be located a minimum of 2,500 feet from a public park or school. No waiver shall be permissible or granted in relationship to a compressor station.

E. Compressors shall be located within a completely enclosed building. During periods of normal operations, doors, windows and similar operations shall remain closed.

F. The building or noise abatement enclosure surrounding the engines and compressors shall be secured, at a minimum, to a concrete pad to minimize vibration and shall be soundproofed as necessary to meet the maximum allowable noise levels permissible as specified in the Township Code. See also § 148-6C.

G. If compressors and other power-driven equipment utilize electric motors rather than internal combustion engines, permanent generation of electric power on the site shall not be permitted; however, temporary generation of electricity shall be permitted until permanent service is provided or in times of temporary power outages. All electrical installations shall conform to local, state and national codes.

H. All lot lines shall be screened by Buffer Area "A" as described in § 245-171 of this chapter for the distance necessary to screen buildings, structures, parking areas, storage areas and equipment.

I. To ensure the coordinated sequence and arrangements of subsurface infrastructure throughout the Township, 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 lines.

J. The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on site to the Township Fire Department and to the Township Emergency Management Coordinator a minimum of 30 days prior to their use.

K. The operator shall provide a site orientation for Township's emergency first responders regarding operations, equipment and chemicals present at the facility.

L. The operator shall provide a prioritized call list with names, addresses, and phone numbers for twenty-four-hour emergency contact.

M. Truck traffic related to construction and operation of the compressor station traveling to and from the compressor station shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing time. Emergency vehicles and field maintenance vehicles are exempted from this limitation.

N. Tracking of mud, dirt and debris onto Township streets shall not occur. In the event of such occurrence, measures shall be taken to clean any mud, dirt and debris from Township streets immediately upon notification.

O. The operator shall demonstrate continued compliance with all applicable local, state and federal permits and regulations.

P. In accordance with regulations of the Commonwealth of Pennsylvania, the placement of drip pans and/or secondary containment shall occur.

Q. The site shall be secured by a minimum eight-foot-high chain link fence with a locking gate that shall be kept locked when employees are not on the premises.

R. 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.

S. All equipment and facilities shall comply with applicable performance standards of the Township Code. If, after a use has obtained Township approval, the equipment and facilities exceed the limits established by the Township Code, the Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance with the standards.

T. 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.

U. Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle above the existing ambient light level when measured 10 feet from any lot line. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn, except during maintenance activities on the site.

V. Compressor stations shall not be subject to the parking requirements of Article XVII; however, an adequate area improved with a dust-free all-weather surface, which is a paved surface with compacted stabilized aggregate and/or the equivalent of a more permanently solidified material, shall be provided on the site for parking maintenance vehicles during routine visits.

W. Unless otherwise required as part of the provisions of the Commonwealth of Pennsylvania, a community and environmental impact statement (statement), as related to the use on the site, shall be provided identifying the facility's safety, dangers and/or any and all reasonable safeguards necessary to implement the intent of this chapter. Said statement shall be prepared that identifies the impact of the project on the environment of the existing site and the resultant changes the proposal will have on the immediate lot and surrounding area, for the purpose of providing the Township with information to make more informed decisions relating to the proposed action. At a minimum, the statement shall provide the following information:

(1) A description of the proposed use, its purpose, a schedule of construction and length of operation and its interrelationship with other said uses within the Township. This information and technical data must be sufficient to allow a thorough assessment of the proposed use's environmental impact.

(2) A comprehensive description of baseline environmental conditions identified before any activities associated with the use.

(3) A description of the environmental impacts of the proposed use both during and after complete build-out of the proposed use. This description should focus both on the environmental details most likely to be affected by the use proposal and on the broader regional aspects of the environmental impacts, including ecological interrelationships. These impacts shall be defined as direct or indirect changes in the existing environment, and as either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment, but upon the use also.

(4) Provide separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks with supporting statistics developed by an analysis of similar use in similar locations.

(5) A discussion of measures which are required to or may enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring. Include sufficient documentation and supporting material to demonstrate that the proposed measures will function as expected.

(6) Hydrologic analysis and information, including but not limited to a description, inventory, analysis, and evaluation of the existing groundwater conditions. This analysis must be focused in terms of both surface water and groundwater quality and quantity, a discussion of likely and possible changes to these resources, and a discussion of measures to reduce or mitigate the identified impacts. Included here should be a mention of those Township residents who depend on well water within the setback applicable to this use.

X. The applicant shall provide the Township with a plan showing the proposed truck routes to be utilized during the 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 Township's comprehensive planning strategies and with the network of roads 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.

§ 245-168.4 Natural gas processing and/or treatment facility.

[Added 6-28-2016 by Ord. No. 2-2016]

A. In the I-1 and I-2 District, the minimum lot area in the districts shall apply to natural gas processing and/or treatment facilities.

B. All principal buildings and accessory structures shall be set back at least 1,500 feet from a protected structure including a minimum of 100 feet from any lot line. The natural gas processing and/or treatment facility shall also be located a minimum of 2,500 feet from a public park or school. No waiver shall be permissible or granted in relationship to natural gas processing and/or treatment facilities.

C. All lot lines adjoining property in all zoning districts except I-1 and I-2 shall be screened by Buffer Area "A" as described in § 245-171 of this chapter for the distance necessary to screen buildings, structures, parking areas, storage areas and equipment.

D. To ensure the coordinated sequence and arrangements of subsurface infrastructure throughout the Township, 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 lines.

E. The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on site to the Township Fire Department and to the Township Emergency Management Coordinator a minimum of 30 days prior to their use.

F. The operator shall provide a site orientation for the Township's emergency first responders regarding operations, equipment and chemicals present at the facility.

G. The operator shall provide the name, address and phone number for twenty-four-hour emergency contact.

H. All waste disposal and storage of gases or byproducts shall be in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (PA DEP) and any other applicable federal, state or local agency.

I. The site shall be secured by a minimum eight-foot-high chain link fence with a locking gate that shall be kept locked when employees are not on the premises.

J. The operator shall demonstrate continued compliance with all applicable local, state and federal permits and regulations.

K. Truck traffic traveling to and from the processing facility shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing time. Emergency vehicles and field maintenance vehicles are exempted from this imitation.

L. All equipment and facilities shall comply with the standards of the Township Code.

M. Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle above the existing ambient light level when measured 10 feet from any lot line. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn, except during maintenance activities on the site.

N. Site activities must abide by the Township Code § 148-6C in terms of maximum sound level.

O. Natural gas processing and/or treatment facilities shall be subject to the design and parking requirements of Article XVII of this chapter.

P. Unless otherwise required as part of the provisions of the Commonwealth of Pennsylvania, a community and environmental impact statement (statement), as related to the use on the site, shall be provided identifying the facility's safety, dangers and/or any and all reasonable safeguards necessary to implement the intent of this chapter. Said statement shall be prepared that identifies the impact of the project on the environment of the existing site and the resultant changes the proposal will have on the immediate lot and surrounding area, for the purpose of providing the Township with information to make more informed decisions relating to the proposed action. At a minimum, the statement shall provide the following information:

(1) A description of the proposed use, its purpose, a schedule of construction and length of operation and its interrelationship with other said uses within the Township. This information and technical data must be sufficient to allow a thorough assessment of the proposed use's environmental impact.

(2) A comprehensive description of baseline environmental conditions identified before any activities associated with the use.

(3) A description of the environmental impacts of the proposed use both during and after complete build-out of the proposed use. This description should focus both on the environmental details most likely to be affected by the use proposal and on the broader regional aspects of the environmental impacts, including ecological interrelationships. These impacts shall be defined as direct or indirect changes in the existing environment, and as either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment, but upon the use also.

(4) Provide separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks with supporting statistics developed by an analysis of similar use in similar locations.

(5) A discussion of measures which are required to or may enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring. Include sufficient documentation and supporting material to demonstrate that the proposed measures will function as expected.

(6) Hydrologic analysis and information, including but not limited to a description, inventory, analysis, and evaluation of the existing groundwater conditions. This analysis must be focused in terms of both surface water and groundwater quality and quantity, a discussion of likely and possible changes to these resources, and a discussion of measures to reduce or mitigate the identified impacts. Included here should be a mention of those Township residents who depend on well water within the setback applicable to this use.

Q. The applicant shall provide the Township with a plan showing the proposed truck routes to be utilized during the 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 Township's comprehensive planning strategies and with the network of roads 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.

§ 245-168.5 Adult day care.

[Added 5-22-2018 by Ord. No. 1-2018]

A. Adult day care may be provided in a nursing home for adults, and which is registered with or licensed by the Commonwealth of Pennsylvania to provide nursing care for adults.

B. Safe vehicle access for discharge and pickup of adult day-care patrons shall be provided.

C. Discharge and pickup location(s) shall not interfere with the flow of traffic on adjacent streets.

D. Adequate off-street parking spaces shall be provided in accordance with the provisions of § 245-181.

E. Adult day care may only operate during the hours of 7:00 a.m. to 6:00 p.m.

F. Adult day care must comply with any and all licenses and certifications issued by the Commonwealth of Pennsylvania.

§ 245-168.6 Boutique winery and/or distillery.

[Added 7-28-2020 by Ord. No. 1-2020; amended 8-28-2021 by Ord. No. 4-2021]

Boutique winery and/or distillery, subject to:

A. Proof of a Pennsylvania issued limited winery and/or distillery license must be provided prior to operations beginning.

B. Minimum lot area:

(1) A boutique winery with no vineyard area (less than 200 vines) shall be at least 1/2 acre.

(2) A winery with a small vineyard area shall be at least one acre and no more than 500 vines per half acre of land devoted to the vineyard. Any vineyard area in excess of one acre or 1,000 vines shall not be considered a small vineyard area.

C. Lot use square footage:

(1) Wine and liquor production area: Maximum square footage: 10,000 square feet per half acre.

(2) Vineyard area: Maximum of 500 vines per half acre.

(3) Tasting room/retail sales area may provide for the sale of wine, distilled liquor and related products, tasting, and instruction related to the wine and liquor making process with a maximum square footage of 1,000 square feet per one-half acre. This use may include service of snacks, and food items involving minimal preparation such as cheeses, meats, nuts, fruits and vegetables. The service of any food items beyond this minimal preparation shall constitute a restaurant, event/rental hall, bar/tavern and must receive the applicable approvals and permits related to said use according to the Township Zoning regulations.

D. Hours of operation.

(1) Wine and liquor production: 7:00 a.m. and 9:00 p.m.

(2) Tasting room/retail sales space:

(a) 9:00 a.m.-10:00 p.m. Sunday through Thursday.

(b) 9:00 a.m.-11:00 p.m. Friday, Saturday and holidays.

E. Storage of all materials, inventory and equipment must be in a secured and enclosed building.

F. Ingress, egress and internal traffic circulation shall be designed to minimize congestion and ensure safety.

G. Driveways from public roads to parking areas shall have a paved apron at the entrance which is a minimum of 50 feet in length from the edge of paving if applicable.

H. Not more than two buildings for wine and liquor production and retail sales shall be permitted on any parcel.

I. Parking:

(1) Wine and liquor production area: one parking space for every 2,500 square feet of floor space devoted to the production and storage of wine with a minimum requirement of five parking spaces.

(2) Tasting room/retail space: one space for each 75 square feet of net floor area devoted to customer seating and waiting areas, plus one space for each employee on peak working shift with a minimum requirement of five parking spaces.