[Ord. 1944, 11/23/2009]
Conditional uses as specified in Part 2 may be allowed or denied
by the Township Board of Commissioners after recommendations by the
Planning Commission in accordance with the criteria and provisions
of this Part.
[Ord. 1944, 11/23/2009]
Applications for conditional uses will be filed with the Zoning
Officer and shall be accompanied by:
1.
An application fee in an amount equal to that set by resolution of
the Township Board of Commissioners.
2.
Fifteen copies of a site plan and supporting data which shows the
size, location, and topography of the site, the use of adjacent land,
the proposed size, bulk, use and location of buildings; the location
and proposed function of all yards, open spaces, parking areas, driveways,
storage areas and accessory structures; the location of all utilities;
the provisions for parking, moving or loading of vehicles; and the
timing of construction proposed.
[Ord. 1944, 11/23/2009]
The Zoning Officer shall forward copies of the application to
the Township Board of Commissioners and to the Planning Commission
for review and approval. Applications which are materially incomplete
may be returned, with the application fee, to the applicant by the
Zoning Officer.
1.
The application shall be forwarded to the Planning Commission for
review at its next scheduled meeting. The Planning Commission shall
issue a recommendation to the Board of Commissioners immediately following
its next scheduled meeting.
2.
The Board of Commissioners shall commence a public hearing on the
application within 60 days after the applicant files a written request
for a hearing on the application. The Board of Commissioners shall,
within 45 days after the last hearing before it, decide the application
in accordance with the applicable provisions of the Pennsylvania Municipalities
Planning Code. If an application is not approved as submitted, the
same or substantially similar plan cannot be resubmitted for 12 months
from the decision date.
[Ord. 1944, 11/23/2009]
A conditional use shall be approved if and only if it is found
to meet the following criteria:
1.
The proposed use conforms to the district and conditional use provisions
and all general regulations of this Chapter.
2.
The proposed use meets all special standards which may apply to its
class of conditional uses as set forth in this Part.
3.
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 27-405.
4.
The proposed use shall be sited, oriented and landscaped to produce
a harmonious relationship of buildings and grounds to adjacent buildings
and properties.
5.
The proposed use shall produce a total visual impression and environment
which is consistent with the environment of the neighborhood.
6.
The proposed use shall organize vehicular access and parking to minimize
traffic congestion in the neighborhood.
7.
The proposed use shall preserve the objectives of this Chapter and
shall be consistent with the comprehensive plan for Harrison Township.
[Ord. 1944, 11/23/2009]
All conditional uses shall comply with the requirements of this
Section. In order to determine whether a proposed use will conform
to the requirements of this Chapter, the Township Board of Commissioners
may obtain a qualified consultant to testify, whose cost for services
shall be borne by the applicant.
1.
Fire Protection. Fire prevention and fighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on.
2.
Electrical Disturbance. No activity shall cause electrical disturbance
adversely affecting radio or other equipment in the vicinity.
3.
Noise. Noise which is determined to be objectionable because of volume,
frequency, or beat shall be muffled or otherwise controlled, except
fire sirens and related apparatus used solely for public purposes
shall be exempt from this requirement.
4.
Vibrations. Vibrations detectable without instruments on neighboring
property in any district shall be prohibited.
5.
Odors. No malodorous gas or matter shall be permitted that is discernable
on any adjoining lot or property.
6.
Air Pollution. No pollution of air by fly ash, dust, smoke, vapors,
or other substance shall be permitted that is harmful to health, animals,
vegetation or other property.
7.
Glare. Lighting devices that produce objectionable direct or reflected
glare on adjoining properties or thoroughfares shall not be permitted.
8.
Erosion. No erosion by wind or water that will carry objectionable
substances onto neighboring properties shall be permitted.
9.
Water pollution. Water pollution shall be subject to the standards
established by the State Sanitary Water Board.
[Ord. 1944, 11/23/2009]
In addition to compliance with all other applicable sections
of this Chapter, the deep mining of coal pursuant to § 205
must meet the following requirements as a continuing condition for
approval:
1.
Such use shall not involve any element or cause any condition that
may be deemed hazardous to the public health or safety.
2.
Such use shall not injure or detract from the lawful existing or
permitted use of neighboring properties.
3.
Such use may not adversely affect the logical, efficient and economical
extensions of public services, facilities and utilities throughout
the Township.
4.
Such use must demonstrate compliance with all applicable State regulations
at all times.
5.
Such use may not adversely affect any public or private water supply
source.
6.
The applicant will provide a letter indicating that a public or private
source will provide the water needed. The applicant shall submit an
analysis of raw water needs from either private or public sources,
indicating the quantity of water required. The application shall also
provide proof of approval from and/or compliance with the regulations
of the Pennsylvania Department of Environmental Protection and all
other pertinent agencies regarding water supply and use.
7.
The hours of operation for this use will be limited to 7:00 a.m.
to 7:00 p.m.
8.
Such use shall not result in the land area subject to mining being
placed in a condition which will prevent the use of that land for
economically and ecologically productive uses upon completion of the
mining operation. The applicant shall demonstrate compliance with
Section 7(c) of the Pennsylvania Act No. 1984-219, as may be amended.
The applicant shall provide a detailed description of the proposed
use of the site, once reclamation has been completed, including a
description of any zoning and/or subdivision approvals or remedies
that would be necessary to accommodate the proposed use. Finally,
the applicant shall provide a written notification to the Township,
within 30 days, whenever a change in the reclamation plan is proposed
to the PA DEP.
9.
Such use shall be sited, oriented and landscaped to produce a harmonious
relationship of buildings and grounds to adjacent buildings and properties.
10.
As part of each application, the applicant shall furnish an accurately
surveyed site plan on a scale of no less than one inch equals 200
feet, showing the location of the tract or tracts of land to be affected
by the operation. The surveyed site plan shall be certified by a registered
professional engineer or a registered professional land surveyor with
assistance from experts in related fields and shall include the following:
A.
The boundaries of the proposed land affected, together with the drainage
area above and below the area.
B.
The location and names of all streams, roads, railroads, and utility
lines on or immediately adjacent to the area.
C.
The location of all buildings within 1,000 feet of the outer perimeter
of the area affected, and the names and addresses of the owners and
present occupants.
D.
The purpose for which each building is used.
E.
The name of the owner of the affected area and the names of adjacent
landowners, the municipality, and the county.
11.
Where the proposed use adjoins a residential zone, an existing residence
and/or a public road, screening shall be provided. Such screening
shall be comprised of an earthen berm at least 10 feet in height.
Such berm shall be located on the mining site and placed so as to
maximize the berm's ability to absorb and/or block views of the
noise, dust, smoke, etc., generated by, the proposed use. The berm
shall be completely covered and maintained in an approved vegetative
ground cover. In addition, a landscape screen shall consist of evergreen
shrubs and trees arranged to form both a low-level and a high-level
screen with a strip of land with a minimum width of 10 feet. The high-level
screen shall consist of evergreen shrubs of not less than five feet
in height at the time of planting that shall be planted at intervals
of not more than 10 feet. The landscape screen shall be permanently
maintained;
12.
Fencing. A fence measuring at least eight feet in height must enclose
the area of actual mining. If a chain-link fence is used, then said
fence shall include a vegetative screen that is provided along the
outside of the fence, away from the mining operation.
13.
Setback. The following table identifies minimum setbacks imposed
upon specific features of the mining use from adjoining and/or nearby
uses:
|
Mining Related Feature
|
Existing
Residence
(feet)
|
Existing
Non- residential
Building
(feet)
|
Village or
Residential
Zones
(feet)
|
Adjoining
Roads
(feet)
|
Public/ Non- profit
Park
(feet)
|
Cemetery or
Stream Bank
(feet)
|
Adjoining
Property
(feet)
|
|---|---|---|---|---|---|---|---|
|
Stockpiles or spoil piles
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
Mineral processing equipment (e.g., rushers, sorters,
conveyors, dryers, etc.)
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
Quarry pit, mine shafts or other working areas of the
use
|
500
|
300
|
1,000
|
100
|
300
|
500
|
300
|
|
On-site access roads and off-street parking, loading
and vehicle storage and weighing facilities
|
300
|
300
|
500
|
100
|
300
|
100
|
100
|
|
Other operational equipment, structures and/or improvements
|
300
|
300
|
500
|
100
|
300
|
100
|
100
|
14.
The proposed use shall be operated in such a way as not to unduly
contribute to traffic congestion in the immediate area.
15.
Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties. Access drives used by trucks shall only intersect with
collector or arterial roads.
A.
All access drives serving the site shall have a paved minimum thirty-five-foot-wide
cartway for a distance of at least 200 feet from the intersecting
street right-of-way line. In addition, a two-hundred-foot-long gravel
section of access drive should be placed just beyond the preceding
two-hundred-foot paved section to help collect any mud that may have
attached to a vehicle's wheels.
B.
Traffic Impact. The applicant shall furnish a traffic impact report
prepared by a professional engineer.
16.
All Township administrative, engineering and inspection costs in
connection with coal mining must be reimbursed by the applicant. An
up-front deposit, in an amount estimated by the Township Engineer
to cover review and inspection fees, is required and additional deposits
and payments will be required where the fees exceed the amount of
the initial deposit.
17.
Operations Progress Report. Within 90 days after commencement of
mining operations, and each year thereafter, the operator shall file
an operations progress report with the Zoning Officer setting forth
all of the following:
A.
The name or number of the operation.
B.
The location of the operation with reference to the nearest public
road.
C.
A description of the tract or tracts, including a site plan showing
the location of all improvements, stockpile, quarry pits, etc.
D.
The name and address of the landowner or his duly authorized representative.
E.
An annual report of the type and quantity of mineral produced.
F.
The current status of the reclamation work performed in pursuance
of the approved reclamation plan;
G.
A maintenance report for the site that verifies that all required
fencing, berming and screening has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance has been performed.
H.
Verification that the proposed use continues to comply with all applicable
State regulations. The operation shall furnish copies of any approved
permits and/or any notices of violation issued by the PA DEP.
18.
Each applicant shall be required to present an environmental impact
statement as a part of the application, outlining the steps contemplated
by the applicant to uphold the esthetic values of the area of the
mine opening and access road and appurtenant structures, including
planting of trees and shrubbery, facing of buildings, terracing of
slopes, etc. Each applicant to whom or which a zoning certificate
is issued shall be required to adhere to the environmental representations
so made, and failure to do so shall be deemed a violation of this
Chapter.
19.
Each person, partnership or corporation conducting a deep mining
operation in this Township shall conduct such operation in conformity
with all safeguards and safety regulations imposed by the Federal
Bureau of Mines and the Pennsylvania Department of Mines and shall
take all reasonable precautions to avoid excess noise, dust and other
adverse effects.
20.
The minimum lot area shall be 100 acres.
[Ord. 1944, 11/23/2009]
1.
Uses permitted.
A.
The purpose of the industrial park is to provide space for the establishment
of light manufacturing facilities. These uses would include the manufacturing
uses described in this Chapter and would generally and shall generally
include all manufacturing uses that meet the performance standards
set forth in § 405 of this Chapter.
B.
In addition, permitted uses may include research laboratories, offices,
warehousing, wholesale distributors and public utility buildings,
provided that each of said specific uses within such categories meet
the above-cited performance requirements set forth in § 405
of this Chapter.
C.
Prohibited uses include any which do not meet the performance standards
set forth in § 405 of this Zoning Chapter; all residential
uses; retail stores; personal service shops; gas stations, automobile
repair or sales; supply yards; and truck terminals.
2.
Lot Size.
A.
No lot shall be less than one acre, and the lot size shall not be
less than three times the ground floor area of the building contemplated
at the time of purchase. This ratio will allow for some expansion
of the building when subsequent growth of the manufacturing facility
increases space requirements. The final ratio of land to building
shall not exceed 2:1.
3.
Required Front Yard.
A.
All buildings and structures must be set back at least 50 feet from
the right-of-way line. The front yard may be used for off-street parking
for guests and executives, access drives, or walks, and landscaping.
4.
Side Yards.
A.
The sum of both side yards shall not be less than 40 feet, and the
minimum of either side yard may not be less than 10 feet. No structure,
parking space or access road may be closer than 10 feet to any abutting
property line.
B.
Where side yards abut residential zones, there shall be a minimum
side yard of 70 feet, and no structure, parking space or access road
may be closer than 20 feet to any abutting property line.
5.
Rear Yards.
A.
The rear yards shall not be less than 50 feet. No structure shall
be permitted in the rear yard, but access drives and parking spaces
may be installed up to 10 feet from the rear yard line. Where rear
yards abut residential zones, there shall be a minimum yard of 70
feet, and no structures, access roads, or parking spaces may be within
20 feet of any abutting property line.
6.
Building Heights.
A.
Buildings having a height of greater than 45 feet must obtain a variance
from the Harrison Township Zoning Hearing Board. Variances may be
granted if an additional foot of setback over the minimum required
setback is provided for each additional foot of height. Variances
may also be granted for special structural appendages, such as chimneys,
elevator lofts, water tanks, cooling towers and the like.
7.
Off-Street Loading Berths.
A.
Off-street loading berths must be provided in accordance with the
zoning requirements of this Chapter and must be located on the side
of or to the rear of the building. All access drives and truck maneuvering
space must be within the required side yard limitations.
8.
Storage Areas.
A.
Outdoor storage of material and equipment will not be permitted except
in areas which do not front on the streets and only if such areas
are enclosed or screened by a wall or by dense evergreen plantings.
9.
Waste Disposal.
A.
Exterior storage of refuse will not be permitted except in an area
which is totally enclosed or screened from view from streets and adjacent
properties, in containers stacked in a neat and orderly manner, and
not allowed to accumulate for more than 10 days.
10.
Signs.
A.
A sign will be permitted on the face or roof of a building, but it
shall not be higher than the roofline. Entrance signs not exceeding
35 square feet will be permitted, in addition to the sign on the building.
Signs must be harmonious with the architectural appearance of the
building and must comply with § 304 of this Chapter.
11.
Structural Materials.
A.
Exterior walls of the buildings must be of a pleasing and harmonious
appearance. Such walls must be faced with brick or material other
than brick that furthers the objective of achieving a high-quality
and pleasing development.
[Ord. 1944, 11/23/2009]
The following are special standards for particular conditional
uses which must be met in addition to any other applicable standards:
1.
Affiliated Boarding Facility.
A.
Affiliated boarding facilities must be located on or adjacent to
a parcel of land upon which is erected a church or other similar religious
institution, the church or other similar religious institution to
be the owner, in fee simple, of the land upon which the affiliated
boarding facilities are erected and, in addition, it must be the owner
and operator of the affiliated boarding facilities.
B.
The management, administration and operation of the affiliated boarding
facilities shall be the responsibility of and subject to the exclusive
control of the church or other similar religious institution which
owns the land upon which such affiliated boarding facilities are located.
C.
The maximum number of residents permitted in any one affiliated boarding
facility, at any one time, shall not exceed 40.
D.
In the event that the entity which is originally granted a conditional
use under the provisions of this Chapter shall cease to either be
the owner of the land on which the affiliated boarding facility is
situated or if it ceases to manage, administer or control its operation,
then the right to a conditional use shall immediately cease and all
operations conducted on the premises shall be properly terminated,
nor shall the use of the land be thereafter considered as a nonconforming
use.
E.
Affiliated boarding facilities shall also be required to conform
to the standards set forth in § 408.1 of this Chapter.
2.
Airport or Aircraft Landing Area.
A.
The conditional use application shall show the following information:
(1)
The approximate location, use and height of all structures within
2,600 lineal feet of the ends of landing strips and within 1,200 lineal
feet of the side of landing strips.
(2)
The exact location of landing strips and the use and height
of structures on the immediate property.
(3)
The anticipated types of aircraft to be accommodated and the
volume of activity contemplated.
(4)
Plans for lighting and fuel handling.
(5)
Copies of required approvals from all State and Federal agencies
responsible for regulation of aircraft and aircraft facility operations.
B.
Lighting shall be shielded away from adjacent properties and streets.
C.
The applicant shall submit a report from a reputable acoustic or
aviation consultant showing the computer prediction model developed
by the FAA referred to in 14 CFR Part 150, § A150.103.
D.
The applicant shall submit proof of ownership of liability insurance
in an amount not less than $5,000,000 for any one accident or occurrence.
E.
No takeoffs or landings shall occur between the hours of 9:00 p.m.
and 6:00 a.m.
3.
Amusement Arcade, subject to:
A.
All activities shall take place within a completely enclosed building;
B.
The applicant must furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the arcade.
C.
A minimum of one parking space for each 80 square feet of gross leaseable
floor area shall be provided. In addition, any accessory uses (e.g.,
snack bar) shall also require parking to be provided in accordance
with the requirements of this Chapter.
D.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
4.
Automobile Dealership.
A.
This conditional use shall permit a tract of land ("land"), located within the prescribed distance, as further defined in subsection B below, of the Allegheny Valley Expressway, also known as State Route 28 ("expressway"), to be occupied and used as a new automobile dealership, as such term is commonly used ("dealership"). Land which is proposed for such use and occupancy shall be located as close as possible to the expressway in order to minimize the degree to which large vehicles used in the delivery of automobiles as well as the high volume of traffic incidental to the operation of a dealership utilize the streets and roads of the Township, this in order to minimize damage to Township streets and roads, as well as minimize traffic hazards that may arise from this type of business operation.
B.
A dealership shall only be constructed and operated on land, the
nearest part of which shall be located within 1,000 yards of an exit
or entrance ramp of the expressway, as same is defined by the Pennsylvania
Department of Highways.
C.
The land shall contain a minimum of eight acres, and the entire parcel
of land, irrespective of its size, shall only be utilized by and for
the operation of the dealership and it shall not be subdivided so
long as any part of the land is used, to any extent, in the operation
of the dealership.
D.
No part of any building erected upon the land shall be placed within
100 feet of any adjacent tract of land zoned R-1, R-2 or R-3 nor shall
any vehicles be parked or stored on the land within 75 feet of any
such adjacent area.
E.
All lot and yard dimensional requirements which are applicable to
B-1 Districts shall also be applicable to this conditional use, unless
more restrictive requirements are imposed by this Chapter, in which
case the the more restrictive requirements shall apply.
F.
All areas of the land on which any vehicles are displayed or parked
for any reason shall be hard-surfaced, and all such areas shall have
curb guards or bumper guards installed surrounding the outside perimeter
of such area.
G.
No series of lights, flashers or any other similar types of electrical
fixture, nor any flags, other than those of the United States and
the Commonwealth of Pennsylvania, shall be installed on any part of
the land.
H.
No vehicles shall be repaired on the land unless such repairs are
accomplished within a building, nor shall any damaged vehicles be
stored, other than in a building, for more than 15 days.
I.
All sales activities and vehicle repairs conducted on the land and
all the deliveries of vehicles to the land shall only take place between
the hours of 7:30 a.m. and 9:30 p.m., prevailing time, Monday through
Friday, and 8:00 a.m. to 6:00 p.m., prevailing time, on Saturday.
J.
All boundary lines of the land which are in common with the boundary
lines of land zoned R-1, R-2 or R-3 shall have a buffer zone established
thereon and adjacent thereto, this in accordance with the following
minimum standards:
(1)
All plantings used to create a buffer zone shall consist of
a mixture of evergreen and deciduous trees, shrubs and bushes.
(2)
The buffer zone shall be at least 30 feet in depth measured
inwardly from the boundary line between the land and the adjacent
residential land.
(3)
All plantings shall be planted 10 feet on center and be at least
four feet high when planted, achieve a minimum height of 10 feet within
five years of planting, and then be maintained at a minimum height
of 10 feet.
(4)
All plantings shall be replaced, as necessary, in order to continually
maintain the proper appearance and function of the buffer zone.
(5)
In the event a required buffer zone cannot be established due
to adverse weather conditions, occupancy of the land by the dealership
may still be permitted, provided the occupant posts sufficient financial
security with the Township to insure the installation of the required
buffer zone once weather permits, the amount of such security to be
as estimated by the Township Engineer.
(6)
All road testing of vehicles, whether such vehicles are being
tested as part of a sales presentation or for purposes of repair,
shall only be permitted by the utilizing of the most direct route
from the dealership to the expressway, all such road testing only
being permitted on Township streets or roads for compelling reasons.
|
4.1.
|
Automobile Dealership in the M-1 District. Automobile dealerships
shall be permitted as a conditional use in the M-1 District under
the same terms, conditions requirements and restrictions as contained
in § 408.4, excepting that the provisions contained in § 408.4A
and B (concerning expressways), § 408.4J (concerning buffer
zones) and § 408.4K (concerning vehicle testing) are inapplicable.
|
5.
Automobile Salvage.
A.
Adequate steps shall be taken to protect against various pollutants,
such as ethylene, glycol, petroleum derivatives, and battery acid
leaking from vehicles into groundwater or surface runoff.
B.
Adequate security shall be furnished, through fencing and/or security
personnel, to keep trespassers out of the salvage yard.
C.
All vehicles or vehicle parts must be located at least 100 feet from
any adjoining property in a residential, conservation or business
district.
D.
Landscaping shall be provided in compliance with the landscaping
guidelines.
6.
Bed and Breakfast, subject to:
A.
The operator shall be a full-time resident of the dwelling in which
the bed and breakfast is located.
B.
Bed and breakfasts shall only be permitted within single-family dwellings.
C.
Any modifications to the external appearance of the building (except
fire escapes) shall complement its residential character.
D.
As per the Labor and Industry Code governing bed and breakfasts,
all floors shall have a minimum of one exit that is kept free of obstacles.
E.
Parking shall be provided in accordance with this Chapter.
F.
One identification sign shall be permitted, and such sign may either
be attached to the wall of the building or may be freestanding in
the front yard, provided the surface area of the sign shall not exceed
six square feet, the height of the freestanding sign shall not exceed
four feet and the freestanding sign is located at least five feet
from any property line.
H.
Meals shall be offered only to registered overnight guests.
I.
The applicant shall furnish proof of any needed approvals from the
Pennsylvania Department of Labor and Industry.
J.
In addition to the parking required for the dwelling, one parking
space shall be provided for each sleeping room offered to overnight
guests.
K.
Off-street parking shall not be located in any required front or
side yard. Parking located in the rear yard shall be screened from
adjoining residential properties by a compact six-foot-high evergreen
hedge.
L.
Maximum stay of guests shall be no more than seven consecutive nights
nor more than 14 nights in a calendar year.
7.
Boardinghouses, subject to:
A.
Maximum number of boarders per house shall be two.
B.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used.
C.
All floors above and/or below grade shall have a permanently affixed
direct means of escape to ground level.
D.
Parking shall be provided in accordance with this Chapter.
E.
One sign, not to exceed 12 square feet, shall be permitted.
F.
The applicant shall furnish proof of any needed approvals from the
Pennsylvania Department of Labor and Industry.
8.
Car Wash, subject to:
A.
All automated washing facilities shall be in a completely enclosed
building, as defined by this Chapter. All other car washing facilities
shall be under a roofed structure that has at least two walls.
B.
Coin-operated self-service establishments shall have an operator
on duty at all times when the facility is open for business.
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.
The facility shall be connected to public sanitary and storm sewers.
E.
Driveway entrances shall be located at least 30 feet from the right-of-way
line of the intersection of any public streets.
F.
Gray water recycling is mandatory.
G.
For automatic and self-service car washes, each washing bay shall
provide a minimum one-hundred-foot-long on-site stacking lane in the
rear yard which precedes the washing process. For full service car
washes, such on-site stacking shall be a minimum of 300 feet per lane.
H.
For full service car washes, a post-washing drying area shall be
provided for no fewer than six vehicles per washing lane.
I.
All structures housing washing apparatuses shall have the following
minimum setbacks: 15 feet from any street right-of-way line, 50 feet
from any rear property line, and 20 feet from any side lot line.
J.
Trash receptacles shall be provided and routinely emptied to prevent
the scattering of litter, and the applicant shall furnish and implement
a working plan for the cleanup of litter and debris;
K.
The subject property shall front on an arterial or collector road.
L.
Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
M.
The applicant shall demonstrate adequate provision for the collection
and disposal of greases and wastes.
9.
Cemetery, subject to:
A.
A minimum site of 10 acres is required.
B.
A drainage plan shall be submitted with the application for the use,
showing existing and proposed runoff characteristics.
C.
A groundwater study prepared by a hydrologist or registered engineer
qualified to perform such studies shall be submitted with the application.
D.
Plans for ingress/egress to the site shall be referred to the Township
Police Department for comments regarding public safety.
E.
All property lines adjoining residential use or zoning classification
shall be screened by Buffer Area "B" per § 314 of this Chapter.
F.
All maintenance equipment shall be properly stored in an enclosed
building 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 residential use or zoning district classification contained
in § 314 of this Chapter.
10.
Child-Care Facilities, Boardinghouses, Domiciliary Homes, Halfway
Houses, Long-Term Care Facilities, Group Homes and Personal Care Facilities.
A.
Application for such facilities shall be accompanied by all certificates,
licenses, approvals or other documents required by any governmental
unit or agency having jurisdiction to issue same when it is possible
to obtain such documents prior to conditional use approval. When it
is not possible to obtain such certificates, licenses, approvals or
other documents prior to conditional use approval, the application
shall so state and the application shall be processed. However, in
such cases, the grant of a conditional use shall be conditioned upon
all necessary certificates, licenses, approvals or other documents
being granted.
B.
Supervision and staff shall be provided by adults qualified by training
and experience to render the services to be offered.
C.
Supervision and staff shall be provided on a twenty-four-hour-a-day
basis.
D.
The minimum number of commissioners and staff required to be provided
shall be determined by the Board of Commissioners as a condition of
approval of the use.
E.
The operator of the facility shall provide the Township Zoning Officer
with a resume identifying each supervisor and staff member beginning
work at the premises.
F.
Applications shall be accompanied by a statement setting forth in
detail:
(1)
A description of the facility's residents and a list of
those residents with current driver's licenses.
(2)
A description of the care and supervision to be provided.
(3)
A policy and procedure for receiving and promptly acting upon
complaints from persons in the neighborhood in which the home is located.
G.
The Board of Commissioners shall approve a conditional use for such
facility only after a finding that the plans and programs for the
management of the facility are adequate to protect the health, safety
and welfare of the persons served by the facility and the residents
of the neighborhood in which the facility is located.
H.
When a facility involves child care, the operator shall comply with
Act 244 of 1984, as amended, and provide the Township Chief of Police
with proof of compliance.
J.
The operator of a facility shall file annually with the Township
Secretary a reporting detailing the use of the home and compliance
with all applicable laws and regulations, including this Section.
11.
Churches, Schools, Fire and Emergency Medical Services and Public
Buildings, subject to:
A.
The minimum lot area required for a secondary or post secondary 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 that 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 uses shall be landscaped along any property line adjoining single-family
use or zoning district classification by Buffer Area "B," as defined
by § 314 of this Chapter.
E.
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.
F.
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.
G.
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 for restaurants.
(3)
Activities on the site and within the building shall comply
with the noise standards specified in this Chapter.
(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 residential use or zoning classifications
shall be screened by Buffer Area "C," as defined in § 314.
H.
All schools shall be designed to provide convenient access for emergency
vehicles and access to all sides of the building by firefighting equipment.
I.
All outside storage shall be completely enclosed by a six-foot-high
hedge or solid fence.
J.
The proposed use shall have direct access to a public street with
sufficient capacity to accommodate the traffic generated by the proposed
use.
12.
Clinic, subject to:
A.
The minimum lot area for a clinic shall be two acres.
B.
Facilities and equipment to support overnight boarding shall not
be permitted.
C.
If emergency care is provided, access for emergency traffic shall
be clearly distinguished and provided so that no parking or circulation
of visitor or employee traffic blocks such access.
D.
Parking areas shall be screened from view of neighboring houses or
those directly across the street from the lot to the maximum extent
feasible.
E.
Signage shall be limited to placement within the portion of the lot
abutting the public street. Signage for the clinic use shall be oriented
primarily toward the public street and not toward surrounding residential
lots. No pole signs shall be permitted. No sign shall exceed six square
feet in area.
13.
Club, subject to:
A.
Any establishment that includes a restaurant shall further be subject
to the off-street parking requirements of this Chapter for the portion
of the building devoted to restaurant use.
B.
Any rental of the facility to nonmembers shall require on-site management
and/or security personnel during the event.
C.
Activities on the site and within the building shall comply with
the noise standards specified in § 405 of this Chapter.
D.
All off-street parking that adjoins residential zoning classifications
shall be screened by a Buffer Area "C" as defined by § 314
of this Chapter.
14.
Commercial Day-Care Facilities - Adult.
[Amended by Ord. 1976, 1/22/2015]
A.
An outdoor recreation area shall be provided to allow a safe and
reasonably sized area for walking and other passive outdoor recreation
on the premises. Outdoor recreation areas shall not be located on
off-street parking areas or solely in the front yard. Outdoor recreation
areas shall be screened from adjoining properties by a year-round
vegetative screen or by a fence at least four feet high.
B.
Passenger dropoff and pickup shall take place on the premises. On-site
parking shall be supplied at the rate of one space for each staff
member or employee who works at a particular location.
C.
No overnight accommodation of day-care patrons shall be provided.
15.
Commercial Recreation Facilities, subject to:
A.
Those uses involving extensive outdoor activities shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties;
B.
Structures exceeding the maximum permitted height may be permitted
so long as they are set back from all property lines at least the
horizontal distance equal to their height, plus an additional 50 feet.
Furthermore, such structures shall not be used for occupancy.
C.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, noise, light, litter, dust and pollution.
D.
Required parking will be determined based upon a combination of the
types of activities proposed and the parking provisions of this Chapter.
E.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (e.g., roaming parking lot attendants) shall be
conducted in a manner to prevent vehicle backups on adjoining roads.
F.
If, at any time after the opening of the commercial recreation facility,
the Township determines that traffic backups are occurring on adjoining
roads, and such backups are directly related to the means of access
to the subject property, the Township can require the applicant to
revise means of access to relieve the undue congestion.
16.
Commercial School, subject to:
A.
There shall be provided a minimum of one point of ingress and egress
to a collector or arterial road. For the purpose of this Section,
a collector road is defined as a public street which, in addition
to giving access to abutting lots, intercepts local streets and provides
a route for carrying considerable volumes of local traffic to community
facilities, business areas and arterial roads.
B.
Arterial roads are defined as public streets which serve large volumes
of traffic, including particularly high-speed traffic and long-distance
traffic moving through the Township. Collector and arterial roads
are distinguished from local roads in that local roads are intended
primarily to permit direct access to abutting properties in residential
areas and to provide a connection from those properties to collector
or arterial streets. Local streets are not designed primarily to service
through traffic.
17.
Communications Towers. An application for this use must meet the criteria at § 312, in addition to the requirements of this Part 4.
18.
Country Club, subject to:
A.
Golf courses and golf or country clubs shall have a minimum site
of 20 acres; driving ranges and putting courses shall have a minimum
site of five acres.
B.
Clubhouses shall be located at least 100 feet from any property line
adjoining property in any R Residential Zoning District and at least
50 feet from all other property lines.
C.
The clubhouse and all parking areas shall be screened from any adjoining
residential property by Buffer Area "B", as defined in § 314
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 approved photometric plan.
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.
19.
Day-Care Centers, including Day-Care Center or Preschool Facility
in a Church or School.
A.
Applications for such conditional uses shall be accompanied by a
certificate, licenses, approvals or other documents required by any
governmental unit or agency having jurisdiction to issue same when
it is possible to obtain those instruments prior to conditional use
approval. When it is not possible to obtain such certificates, licenses,
approvals or other documents prior to conditional use approval, the
application shall so state and the application shall be processed.
However, in such cases, the grant of a conditional use shall be conditioned
upon all necessary certificates, licenses, approvals or other documents
being granted.
B.
The operator of the facility shall provide the Township Zoning Officer
with a resume identifying each supervisor and staff member and their
occupational experience and training prior to any supervisor or staff
member beginning work at the premises.
C.
The application shall be accompanied by a statement setting forth
in detail:
D.
On-site parking shall be provided at the ratio of one stall for each
teacher, staff member or employee of the center.
E.
A safe on-site passenger loading and unloading area shall be provided,
located off the street and of sufficient size to handle peak traffic
loads such that vehicles waiting to discharge or pick up students
of the center will not form lines extending onto a public street.
F.
Sufficient recreation areas shall be provided so that students need
not use public or other private property for outdoor recreation.
G.
Outdoor play areas shall be provided, which shall have a minimum
area of 65 square feet per child and which shall be secured by a fence
with a self-latching gate. The location of the outdoor play area shall
take into account the relationship to adjoining properties. There
shall be no potential safety hazards in the outdoor play area.
H.
When a facility involves child care, the operator shall comply with
Act 244 of 1984, as amended, and provide the Township Chief of Police
with proof of compliance.
20.
Dwelling Unit in Accessory Garage, subject to:
A.
Dwelling units shall have a minimum habitable floor area of 500 square
feet.
B.
Dwelling units in garage basements shall not be permitted.
C.
Each dwelling unit shall have a separate entrance that does not require
passing through any area devoted to office or retail use or any other
dwelling unit.
D.
Accessory dwellings may be authorized only in the residential districts
when the applicant can demonstrate a need to house domestic employees
of the residents of the principal building.
E.
The accessory dwelling shall not be conveyed unless a subdivision
is recorded that complies with all applicable requirements of this
Chapter and the Township Subdivision and Land Development Ordinance
creating a separate lot for the dwelling.
F.
Two off-street parking spaces shall be provided for each dwelling
unit.
21.
Eating and Drinking Places.
A.
If off-street parking is located on a parcel that contains a building,
the parking shall be located in the rear or side yards.
B.
Outdoor dining is prohibited within a public right-of-way and is
restricted to the hours of 8:00 a.m. to 12:00 to midnight.
C.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
D.
Any exterior seating area shall be completely enclosed by a minimum
three-foot-high fence.
E.
If the eating and drinking place will serve alcohol, the establishment
must receive a liquor license from the Pennsylvania Liquor Control
Board and no more that 33% of the establishment's gross receipts
may be derived from the sale of alcoholic beverages.
(1)
The conditional use application must contain a projection of
gross receipts resulting from sales of food, alcoholic beverages and
other products or services.
(2)
The grant of a conditional use approval shall be conditioned
upon continuing compliance with the sales percentage set forth herein.
(3)
No later than January 31 of each year, the establishment shall
submit an itemized breakdown of sales from the previous year to the
Zoning Officer, designating the amounts and percentages of sales derived
from food, alcoholic beverages and other sources. This itemized breakdown
must be certified to be accurate by the establishment's chief
officer and notarized. This information may be used by the Zoning
Officer to judge compliance with the requirements of this Section.
(4)
The establishment must have bona fide full-service kitchen facilities
and equipment suitable for preparing, cooking and serving meals. A
place that serves only sandwiches made elsewhere and heated up on
the premises or only snack foods, or both, is not considered to have
bona fide kitchen facilities and equipment as required herein.
22.
Facilities Offering Residence to Persons Found to be Criminals, Delinquents,
Drug or Alcohol Abusers, or Others Potentially Dangerous to Society.
A.
The standards in this subsection shall apply to the following facilities:
domiciliary homes, long-term care facilities, group homes, personal
care facilities, private schools, or child care facilities.
B.
Whenever persons are accepted into residence in a facility described
in § 408.22A by virtue of having been found by any government
tribunal, court or agency to be guilty of a criminal offense or to
be a delinquent, drug or alcohol abuser of otherwise a danger to society
or because they are released from or under the jurisdiction of a government
bureau of convictions or similar institution, the facility shall meet,
in addition to any other requirements imposed by this Part, the following
standards:
(1)
All buildings in which such persons reside shall be located
at least 100 feet from all adjoining properties and at least 1/4 mile
from any similar facility.
(2)
The facility shall have on duty 24 hours a day at least one
security guard certified under the Lethal Weapons Training Act or
employed by an agency licensed under the Private Detectives Act of
1953, and shall take other measures as may be necessary for adequate
security.
(3)
The facility shall be entirely enclosed by a fence six feet
high and built in accordance with the fence criteria set forth at
§ 311 of this Chapter.
(4)
The minimum lot size for such a facility shall be one acre.
(5)
The facility shall be entirely owned and operated by and only
by the Commonwealth of Pennsylvania or the County of Allegheny.
C.
Whenever the majority of the students at a private school fall into
any of the categories described in § 408.22B, such school
shall also meet all of the requirements set forth in § 408.10
of this Chapter.
23.
Funeral Homes.
A.
All lot and yard dimensional requirements which are applicable to
R-3 Districts shall also be applicable to this conditional use, unless
more restrictive requirements are imposed by this Chapter, in which
case the more restrictive requirements shall apply.
B.
The main building shall be located not nearer than 100 feet to the
property in an R-1 or R-2 District.
C.
There shall be no crematory on the property.
D.
There shall be no preparation or display of merchandise visible from
outside the main or accessory building.
E.
No loading or unloading of merchandise or bodies of deceased persons
shall occur on public property.
F.
The property shall provide sufficient ingress and egress such that
the funeral home and funeral processions are conducted in such a way
as not to unduly contribute to traffic congestion in the immediate
area.
G.
No parking or standing of motor vehicles appurtenant to the funeral
home business shall occur on adjoining streets other than passenger
automobiles when funeral processions are being organized.
H.
All off-street parking requirements which are applicable to funeral
homes shall apply.
I.
All lighting shall be designed to avoid undue glare to abutting residences.
Vehicular routing on the premises shall be arranged to the fullest
extent possible so as to avoid undue glare from vehicle its headlights
onto abutting residences.
J.
The Board of Commissioners may, in its discretion, impose a buffering
requirement to protect adjacent residential properties, such buffering
to include any or all of the following requirements.
(1)
All plantings used to create a buffer zone shall consist of
a mixture of evergreen and deciduous trees, shrubs and bushes.
(2)
The buffer zone shall be at least 30 feet in depth measured
inwardly from the boundary line between the land and any adjacent
residential land.
(3)
All plantings shall be at least four feet high and be planted
10 feet on center.
(4)
All plantings shall be replaced, as necessary, in order to continually
maintain the proper appearance and function of the buffer zone.
(5)
In the event a required buffer zone cannot be established due
to adverse weather conditions, occupancy of the land by the funeral
home may still be permitted, provided the occupant posts the sufficient
financial security with the Township to insure the installation of
the required buffer zone once weather permits, the amount of such
security to be as estimated by the Township Engineer.
K.
All areas of the property over which vehicles travel or upon which
vehicles are parked for any reason shall be hard-surfaced and all
such areas shall contain curbs installed around the outside perimeter
of each such area.
L.
Applications for such a conditional use shall be accompanied by all
certificates, licenses, approvals or other documents required by any
governmental unit or agency having jurisdiction to issue the same
for the operation of a funeral home. When it is not possible to obtain
such certificates, licenses, approvals or other documents prior to
conditional use approval, the application shall also state and the
application shall be processed. However, in such cases, the grant
of a conditional use shall be conditioned upon all necessary certificates,
licenses, approvals or other documents being granted and copies provided
to the Township Secretary.
24.
Gasoline Station/Convenience Store in the M-1 District.
A.
All areas of the property over which vehicles travel or upon which
vehicles are parked for any reason shall be hard-surfaced and all
such areas shall have curb guards or bumper guards installed surrounding
the outside perimeter of each such area.
B.
No series of lights, flashers or any other similar types of electrical
fixture, nor any flags, other than those of the United States and
the Commonwealth of Pennsylvania, shall be installed on any part of
the land.
C.
No vehicle shall be repaired on the premises. The sale of diesel
fuel, as well as gasoline, is permitted.
D.
All boundary lines of the land which are in common with the boundary
lines of land zones R-1, R-2, or R-3 shall have a buffer zone established
thereon and adjacent thereto, this in accordance with the following
minimum standards:
(1)
All plantings used to create a buffer zone shall consist of
a mixture of evergreen and deciduous trees, shrubs and bushes.
(2)
The buffer zone shall be at least 30 feet in depth measured
inwardly from the boundary line between the land and the adjacent
residential land.
(3)
All plantings shall be at least four feet high and be planted
10 feet on center.
(4)
All plantings shall be replaced, as necessary, in order to continually
maintain the proper appearance and function of the buffer zone.
(5)
In the event a required buffer zone cannot be established due
to adverse weather conditions, occupancy of the land by the gasoline
station/convenience store may still be permitted, provided the occupant
posts sufficient financial security with the Township to insure the
installation of the required buffer zone once weather permits, the
amount of such security to be as estimated by the Township Engineer.
E.
All lot and yard dimensional requirements which are applicable to
M-1 Districts, shall also be applicable to this conditional use, unless
more restrictive requirements are imposed by this Chapter, in which
case the more restrictive requirements shall apply.
F.
The property shall contain two driveways for ingress and egress,
each driveway being capable of serving gasoline transport trucks as
well as other vehicular traffic.
G.
All lighting shall be designed to avoid undue glare to abutting residences.
Vehicular routing on the premises shall be arranged to the fullest
extent possible so as to avoid undue glare from vehicle headlights
onto abutting residences.
25.
Heliport/Helipad.
A.
Minimum lot area shall be five acres.
B.
The heliport/helipad shall be designed, sited and operated in conformance
with all regulations of the Federal Aviation Administration and the
Pennsylvania Department of Transportation.
C.
No fuel shall be stored on site.
D.
No major maintenance or repair work shall be done on site.
E.
Approach and departure path shall be designed not to extend over
schools, stadiums, playgrounds, places of worship, residential neighborhoods
or other similar places to the maximum extent feasible.
F.
A minimum one-thousand-foot setback shall be maintained between the
center of the heliport/helipad and other buildings on the same lot
and from any public street, any dwelling and/or school. This setback
shall not apply to a helipad that is accessory to a hospital.
G.
The hours for nonemergency takeoff and landing shall be limited to
7:00 a.m. to 9:00 p.m. in order to minimize negative impacts on surrounding
residential activity.
H.
The proposed helistop shall not be detrimental to health, welfare
and safety of the Township residents and their property.
I.
The landing pad must be at least 85 square feet or a circle with
an eighty-five-foot diameter. The pad must be paved, level, and maintained
dirt free. Rooftop pads shall be free of all loose stone and aggregate.
J.
At least two approach lanes to each landing pad shall be provided
and maintained free of obstructions and shall be located not less
than 90° apart. Each approach lane shall be located within 45°
left or right of the prevailing winds and shall fan out at an angle
of 10° from the width of the landing pad to a width of 1,000 feet,
and shall have a glide angle slope of 8:1 measured from the outer
edge of the pad.
K.
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.
L.
It shall be unlawful for any person to land, discharge, load or take
off in a helicopter in any place within Harrison Township other than
at a heliport or helistop except:
(1)
In conjunction with a special event as an athletic contest,
holiday celebration, parade or similar activity, after seven days
advance notice has been given to Harrison Township and permission
obtained to make such a landing and takeoff.
(2)
When necessary for police and/or fire training or when necessary
for law enforcement purposes and for emergencies.
(3)
In conjunction with a construction project where a helicopter
is to be used to lift equipment in connection with such project.
M.
Lighting shall be shielded away from adjacent properties.
N.
The helipad shall be fenced and secured at all times to preclude
access by the general public.
O.
There shall be no basing of helicopters at the helipad, except for
helipads that are accessory to a hospital.
P.
Only one helipad shall be permitted on a lot or parcel.
Q.
Helipads shall be located at least 250 feet from any property line
or public street, except for helipads that are accessory to a hospital,
which may be located so as to maximize accessibility to existing emergency
facilities.
26.
Home Occupations. Home occupations are permitted subject to the following
criteria:
A.
The use shall be clearly incidental to the primary use of the premises
as a dwelling for living purposes.
B.
Only residents of the principal dwelling may be engaged in the business
or commercial activity. No employees or subcontractors shall be permitted
to be involved in the commercial activity.
C.
No more than one home occupation may be located in any dwelling unit.
D.
The home occupation shall not alter the appearance of the building
as a dwelling unit.
E.
Limited sales of goods or merchandise may occur on the premises,
provided they are related to the home occupation.
F.
No manufacturing shall occur on the premises other than the products
of customary hobbies, and fabrication of garments by a seamstress.
G.
No goods shall be displayed so as to be visible from the exterior
of the premises.
H.
The use may not occupy an aggregate space of more than 40% of the
habitable floor area of the principal dwelling. All interior and exterior
areas shall be considered part of the use, including, but not limited
to, office areas, storage areas, and shops.
I.
No patron's vehicles shall be parked or stored overnight, except
as required for repair limited to a period not more than 72 hours.
J.
Only one sign advertising a home occupation shall be permitted. Such
sign shall not be illuminated and shall be limited to four square
feet in display area, including all sides of the sign.
K.
The applicant shall submit evidence of all applicable State approvals
and required registrations.
L.
The business or commercial activity may be conducted only within
the dwelling unit or one accessory structure located on the property.
Limited outdoor activity is permitted if it does not constitute a
nuisance to adjacent properties.
M.
The unenclosed storage of commercial vehicles, heavy equipment or
materials shall be prohibited.
27.
Hospital, subject to:
A.
The minimum lot area required for a hospital shall be 10 acres.
B.
The property shall be served by public water and public sewers.
C.
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.
D.
Water pressure and volume shall be adequate for fire protection.
E.
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
F.
The parking and circulation plan shall be referred to the Township
Police Department and volunteer fire company for comments regarding
traffic safety and emergency access.
G.
All property lines adjoining residential use or zoning classification
shall be screened by Buffer Area "B," as defined by § 314
of this Chapter.
H.
Disposal of medical waste shall be in accordance with all applicable
permits and handling requirements of the Pennsylvania Department of
Environmental Protection (PA DEP) and the United States Environmental
Protection Agency (EPA).
28.
Kennel, subject to:
A.
Kennels shall have a minimum site area of five acres.
B.
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 any residential district.
C.
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."
D.
The operator shall submit an animal waste management and disposal
plan to the Township.
E.
Domestic pets kept in an outdoor kennel shall be limited to a maximum
of 10 animals on the first five acres plus two animals for each additional
acre or portion thereof, up to 10 acres. There shall be no limit on
the number of animals kept on properties of 10 acres or more.
F.
The applicant shall demonstrate compliance with all state regulations
and laws.
29.
Mobile Business Quarters.
A.
Application for a mobile business quarters conditional use shall
include:
(1)
A plan showing the siting and orientation of the business quarters
on the property, the number and location of proposed parking spaces
and of lanes proposed for traffic ingress and egress, the dimensions
of the lot upon which business will be conducted, the distance between
the business quarters and the lot lines and the location and size
of any freestanding signs.
(2)
A description of the vehicle, trailer, stand or other quarters
from which business will be conducted.
(3)
A description of the items or services to be sold and the days
and hours of business.
B.
Mobile business quarters must be located within the boundaries of
an approved planned shopping center.
C.
The trade or commerce conducted from the mobile business quarters
must be of a kind otherwise permitted by this Chapter in the zoning
district in question.
D.
Once conditional use approval has been granted for a mobile business
quarters, such approval shall remain valid for a period of five years
in the case of temporary uses which do not operate for more than one
month out of the calendar year. Such temporary uses may be administratively
renewed for four consecutive years after a conditional use approval
is granted, provided that the nature of the business is unchanged,
the location of the business is unchanged, the vehicle, trailer, or
other structure to be used is unchanged and the days and hours of
business are not increased. Renewal in each of said four consecutive
years may be obtained by filing a request for renewal with the Zoning
Officer, who shall grant the request if he finds that the conditions
stated within this Section are met.
30.
Motel or Hotel, subject to:
A.
Dropoff/temporary parking area shall remain free and clear of obstructions
for general safety and fire department access.
B.
A twelve-foot-wide fire/emergency access route shall be provided
around the perimeter of the hotel building.
C.
The Fire Chief of the nearest responding fire company shall approve
of Fire Department access to the building.
31.
Multifamily Dwellings, subject to:
A.
The minimum site area required shall be one acre.
B.
The minimum lot width shall be 75 feet.
C.
The maximum dwelling unit density shall be 12 units per acre.
D.
All other area and bulk regulations of the R-3 District in this Chapter
shall apply.
E.
Where two or more buildings are proposed on one lot, the minimum
distance between buildings shall be 20 feet.
F.
All property lines adjacent to single-family use or zoning classification
shall be screened by Buffer Area "B," as defined by § 314
of this Chapter.
G.
All parking areas adjacent to single-family use or zoning classification
that are not screened by a buffer area shall be screened by a minimum
six-foot-high compact evergreen hedge.
H.
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
in accordance with Buffer Area "C" requirements.
I.
Off-street parking shall be provided in accordance with the requirements
of this Chapter.
32.
Offices and Financial Institutions.
A.
If off-street parking is located on a parcel that contains a building,
the parking shall be located in the rear or side yards.
B.
In the V District, businesses that include drive-through facilities
shall front on Federal Street, River Avenue, or North Canal Street,
and all vehicular ingress and egress to the drive-through facilities
shall be via these roads.
C.
All drive-through window lanes shall be separated by curb from the
parking lot's interior driveway.
D.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
E.
Each drive-through window lane shall have a minimum of 150 feet on-site
stacking space preceding the business transaction window location.
F.
Financial institutions may not remain open or be in operation between
8:00 p.m. and 8:00 a.m. except that unstaffed drive-through facilities
may remain in operation at all times.
33.
Gas and Oil Wells.
[Amended by Ord. 1951, 9/22/2011]
A.
The
applicant shall show the proposed routes of all trucks to be utilized
for hauling to and from the gas and oil well site and the estimated
weights of those trucks. The applicant shall show evidence of compliance
with designated weight limits on Township streets, unless a bond and
an excess maintenance agreement to assure road damage repair is provided,
and shall design the hauling routes to minimize the use of and impact
upon Township streets wherever feasible. The applicant shall also
show evidence satisfactory to the Township Engineer that intersections
along proposed hauling routes provide a sufficient turning radius
for trucks to be utilized for hauling, such that all turns can be
safely made without damage to vehicles, sidewalks or curbs.
B.
The
applicant or operator shall post a bond or other financial security
in favor of the Township and in a form acceptable to the Township
prior to beginning operations to guarantee maintenance and repair
during construction/drilling/fracturing and post-operation restoration
of Township streets which may be determined, in the reasonable opinion
of the Township Engineer, to be damaged as a result of traffic generated
by gas and oil well generated traffic. In addition, if the Township
Engineer concludes that gas and oil well generated traffic will cause
substantial damage to a Township road, then the applicant must, before
operations begin, enter into an agreement with the Township undertaking
the responsibility to repair the road to the extent determined in
the reasonable discretion of the Township Engineer, which agreement
may provide for a bond to be posted in excess of otherwise applicable
PennDOT limits when the Township Engineer has reasonably estimated
that the cost of repair will exceed the PennDOT limits. In addition,
should the Township Engineer reasonably determine that preventive
measures, such as shoring of bridges or putting protective mats over
utility lines, should be taken to prevent damage to Township roads,
bridges or utilities, then the applicant shall install such protective
measures as directed by the Township Engineer, prior to beginning
operations.
C.
Prior
to the commencement of oil or gas well drilling activities, the actual
commencement of mining activity, no construction activities involving
excavation of, alteration to or repair work on any access road to
the site of the mineral removal or upon an oil or gas well site or
other site of mineral removal shall be performed during the hours
of 9:00 p.m. to 6:00 a.m.
D.
The
Township recognizes and acknowledges that oil and gas development
is accompanied by inherent noise. The regulations in this Section
are intended and shall be interpreted and applied to establish a process
for reasonable noise control that provides for response to individual
complaints and requires that undue noise be addressed, where feasible,
without the Township dictating the particular operational steps that
must be taken. The operator shall take the following steps to minimize,
to the extent practicable, the noise resulting from the development:
(1)
Prior to drilling of an oil and gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, or, alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this Chapter, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standards Institute standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. For the purposes of this chapter a “protected structure” shall be any occupied residence, commercial business, school or church located within 1,000 feet of the surface location of an oil or gas well that may be impacted by noise generated from drilling or hydraulic fracturing activity at an oil or gas well, excluding any structure owned by an oil and gas lessor who has signed a lease with the operator granting surface drilling rights to drill the subject well or whose owner (or occupants) has signed a waiver relieving the operator from implementation of the measures established in Subsection 33D of this section for the owner’s or occupant’s benefit.
(2)
The operator shall provide documentation of any established, seventy-two-hour
evaluation, relied upon to establish an ambient noise level greater
than 55 dBA, to the Township’s Zoning Officer within three business
days of such a request from the Zoning Officer.
(3)
Protected Structures.
(a)
The noise generated during drilling
and hydraulic fracturing activities, when measured at the nearest
protected structure property line or 100 feet from the nearest protected
structure (as measured to the closest exterior point of the building),
whichever is closer to the protected structure, shall not exceed the
average ambient noise level (as determined by the seventy-two-hour
evaluation) or default level, whichever is higher:
(b)
The operator shall inform the Township of which level (average ambient
noise level or default level) is being used.
(c)
The operator shall provide for ongoing regular noise level monitoring
at a station to be located at or near the nearest protected structure
property line or 100 feet from the nearest protected structure (as
measured to the closest exterior point of the building), whichever
is closer to the protected structure. The noise monitoring data acquired
at this station shall be made available to the Township upon request.
(4)
Adjustments to the foregoing noise limits may be permitted in accordance
with the following:
|
Permitted Increase
|
Duration of Increase
(minutes)*
| |
|---|---|---|
|
5 dBA
|
15
| |
|
10 dBA
|
5
| |
|
15 dBA
|
1
| |
|
20 dBA
|
1
|
|
NOTES:
| |
|---|---|
|
*Cumulative minutes during any one hour.
|
(5)
If a complaint is received by the Township from any person, whether
a resident or otherwise, using the protected structure for any lawful
purpose within 1,000 feet from the wellhead or equipment generating
noise during drilling or hydraulic fracturing activities, the operator
shall, within 24 hours of receipt of the complaint from the Township,
continuously monitor for a forty-eight-hour period at a point which
is the closer to the complainant’s building of:
(6)
Once the monitoring is complete, the operator will provide monitoring
data to the Township and will meet with Township representatives and
affected property owners and will, within one week of the meeting,
submit a noise-abatement plan to effectively mitigate any noise exceeding
the permitted levels. In determining the noise-mitigation measures
to be employed, the Township may, at the expense of the operator,
utilize the services of a consultant with expertise in noise measurement,
noise abatement and gas and oil well drilling and operation.
(7)
Exhaust from any internal combustion engine or compressor used in
connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with an exhaust muffler or an exhaust
box. The exhaust muffler or exhaust box shall be constructed of noncombustible
materials designed and installed to suppress noise and disruptive
vibrations. Moreover, all such equipment with an exhaust muffler or
exhaust box shall be maintained in good operating condition according
to manufacturer’s specifications.
(8)
All workover operations shall be restricted to the hours of 6:00
a.m. to 10:00 p.m., except as necessary, as reasonably determined
by the operator. “Workover operations” shall mean work
performed in a well after its completion in an effort to secure production
where there has been none, restore production that has ceased, or
increase production.
(9)
In cases where noise has exceed permitted levels and it is economically
feasible for gas and oil well drilling rigs to be outfitted with acoustic
barrier insulation blankets, such barriers shall be installed in accordance
with best management practices in the industry; provided, however,
that no such acoustic barrier shall be required where its use would
be contrary to a preempted applicable state or federal regulations
or where its use would create a safety hazard in the opinion of the
Township Engineer or of any regulatory agency with jurisdiction.
(10)
This Subsection 33D shall not apply to conventional oil and gas well drilling and completion activities; i.e., those wells drilled to depths shallower than the base of the elk sandstone or its stratigraphic equivalent, or to such oil and gas wells that are planned to involve either drilling or fracking, or both, of a single well on a well site for no more than seven consecutive days total in any calendar year; provided, however, that if the well site is within 1,000 feet of a residentially occupied property, then Subsection 33N shall apply.
(11)
In order for the Township to appropriately enforce the conditions
imposed by this Chapter, to make certain that the health, safety and
welfare of its citizens are met and to determine if the use remains
compatible with various zoning districts in the Township, if the operator
engages in any noise testing as required by this chapter, it will
provide the final results to the Township within 10 business days
of the operator’s receipt of those final results.
E.
Notwithstanding
any other provision in this chapter, sufficient parking shall be provided
to allow all vehicles associated with the gas and oil well operation
to be parked off street. Parking areas within 200 feet of an occupied
building not associated with the gas and oil well operation shall
provide a slag or stone or other surface designed to minimize dust
or, alternatively, dust-reduction measures such as water sprinkling
whenever necessary. Access roads to the well site shall be improved
to a dust-free, all-weather surface in such manner than no water sediment
or debris will be carried onto any public street or adjoining property.
F.
The
operator shall take all necessary steps to ensure that public roads
remain free of dirt, mud or debris resulting from gas and oil well
traffic or activities, including road sweeping and tire washing if
needed. Where traffic generated by the gas and oil well is heavy in
the proximity of school bus stops, the operator will provide, at its
expense, flagmen to ensure the safety of children waiting for or leaving
school buses, and the operator will take measures to eliminate unnecessary
truck traffic to or from the site during school bus operation hours
in the morning and afternoon.
G.
The
operator shall, prior to drilling and once per year thereafter, provide
an opportunity for Township emergency service providers to arrange
visits to the well site for the purpose of being oriented to the location,
equipment, materials used at and layout of the site. Such orientation
visits shall be mutually arranged between the operator and the chief
officer of any given emergency service provider.
(1)
The operator shall provide appropriate maps, material data safety
sheets, and emergency plan documents to such chief officers and to
the Township Secretary. Emergency response plans shall address well
leakage, spill containment, vandalism, defective casing or cementing
and communications between the well operator and the public water
supplier.
(2)
The operator shall provide 24/7 emergency contact information, including
a supervisor’s name and a toll-free phone number, to all Township
emergency service providers and to the Township Secretary, as well
as on signage at the well site.
H.
Where
a gas and oil well is located within 1,000 feet of a protected structure,
the operator shall:
(1)
Install temporary safety fencing at least six feet high around drilling,
fracturing and hydraulic equipment and install permanent fall-protection
fencing meeting OSHA requirements around any pit for impoundment of
liquid at a depth greater than two feet;
(2)
Install warning signs at the well site; and
(3)
Provide at least one on-site security guard 24/7 when a drilling
rig or hydraulic fracturing equipment is on the well site.
I.
Each
application for a conditional use under this section shall have attached
thereto a site plan. The proposed site development plan shall be a
topographic plan, prepared by a professional engineer registered in
the Commonwealth of Pennsylvania, to a scale no greater than one inch
equals 200 feet, on a standard sheet size of 24”H x 36”W,
to include the following:
(1)
Title block, giving the name of the development, property owner,
developer, North point, key location map, registration stamp, date
and scale on a standard sheet size of 24”H x 36”W, with
index.
(2)
Property lines, Zoning Ordinance district boundary lines and total
acreage of the parcel proposed for development.
(3)
All existing streets, rights-of-way, and easements related to the
development and any acreage leased in connection with the proposed
well.
(4)
Owners of adjacent properties, including the location of any existing
structures and driveway locations.
(5)
The location of relevant natural features on site, including but
not limited to streams or other natural watercourses and adjacent
areas which are subject to flooding, and significant stands of existing
trees.
(6)
The location of relevant natural features abutting properties within
300 feet, including but not limited to streams or other natural watercourses
and adjacent areas which are subject to flooding, and significant
stands of existing trees.
(7)
The location of structures on abutting property within 300 feet of
common property lines and the location of any protected structures
and copies of any waivers from owners of such protected structures.
(8)
The location of all gas and oil well structures, facilities, equipment
or buildings.
(9)
The location of existing structures, buildings and accessory uses
on site.
(10)
The location of vehicle and equipment cleaning and tire cleaning
areas and a description of the proposed program for removing mud and
other well site generated debris from public streets.
(11)
The location of proposed access roads and proposed haul roads.
(12)
The location of stormwater and sediment controls or any water-impoundment
facilities.
(13)
A timetable for commencing and ending site preparation, drilling
activity, hydraulic fracturing activities, oil and gas production,
site restoration and well plugging.
(14)
An environmental impact statement, which shall include the following:
(a)
A description of existing conditions in the area and the land use
history of the property;
(b)
A description of the proposed gas and oil well operations and associated
facilities;
(c)
An assessment of the proposed gas and oil well operations on abutting,
surrounding uses;
(d)
An historical record of previous gas and oil well operations at the
site; and
(e)
A description of existing conditions, including gas and oil well
facilities, structures, buildings or equipment.
(15)
A copy of any permit or permit application issued by or submitted
to the Pennsylvania Department of Environmental Protection.
(16)
The location, depth and profile of any proposed pipelines for water,
gas, oil or other substance.
(17)
A lighting plan, demonstrating maximum feasible reduction of glare
onto adjacent properties.
(18)
Such other information pertinent to the proposed gas and oil well
as may be requested by the Township Engineer or Zoning Officer.
J.
During
construction, the operator shall remove and dispose of all uprooted
trees, stumps, brush, rubbish, construction materials and debris promptly
in the interest of public safety.
K.
No employees,
subcontractors or other persons shall be housed on the well site.
L.
Any
pond or impoundment basin for liquids installed in connection with
a well site shall be entirely fenced with a chain-link security fence.
M.
The
operator shall submit an odor-control plan to eliminate odors if perceptible
in nearby occupied properties during the drilling and the hydraulic
fracturing process. Upon complaint by any person residing or working
in the vicinity of the well site, the operator will meet with the
Township and complainant to establish an effective odor-control plan.
The operator will reimburse the Township for the cost of consultants
or other investigation needed to address odor complaints. For purposes
of this section, “nearby properties” shall be properties
within 500 feet of the well site.
N.
The
operator shall operate and maintain a vapor-recovery unit or vapor-destruction
unit or other available and feasible means to eliminate vapors from
condensate tanks at the well site.
O.
During
the time any pond or impoundment contains nonpotable water or other
liquids, it shall be fully covered with bird netting.
P.
No on-site
burial or other disposal of drilling residuals or hydraulic fracturing
chemicals or residuals is permitted. A plan identifying the means
for disposal of cuttings, fracturing fluids, oil, toxic materials,
hazardous materials and other waste products and providing for Township
access to any waste manifest shall be provided.
Q.
Air-containment
emissions, particulate and otherwise, shall be in compliance with
all County Health Department, state and federal regulations.
R.
The
applicant shall provide certification that a bond or other security
is held by the Pennsylvania Department of Environment Protection to
ensure proper plugging when the well is classified as inactive by
the Pennsylvania Department of Environmental Protection.
S.
Any
material stored outside an enclosed structure in connection with well
drilling or operation shall be screened by opaque ornamental fencing,
walls or evergreen plantings to minimize visibility of the storage
area from residentially occupied properties.
T.
The
application shall be accompanied by a nonrefundable application fee
of $2,500 or such other amount as may be set by resolution of the
Board of Commissioners.
34.
Outdoor Recreation, subject to:
A.
All structures shall be not less than 100 feet from any lot line
and no less than 200 feet from the nearest house.
B.
All pools, tennis courts, basketball courts, skating rinks, deck
hockey rinks and similar facilities shall be considered structures
for the purpose of this Chapter.
C.
All facilities shall have a paved parking area and it shall not be
closer than 25 feet to any residential lot line. All facilities shall
abut a public arterial or collector road and have permanent access/ingress
thereto.
D.
Alcoholic beverages (other than those served pursuant to a State
Liquor Control Board license) amplified music and jukeboxes shall
be prohibited on the premises.
E.
The applicant shall provide a plan for a photometrics of the lot.
Illumination, when measured at any residentially abutting lot line,
shall be maximum of one footcandle, at all times.
36.
Public Utility Building, subject to:
A.
The minimum lot area required shall be 21,780 square feet.
B.
Maintenance vehicles shall be stored within a completely enclosed
building.
C.
Outdoor storage of materials or equipment, other than maintenance
vehicles, shall be permitted only if the storage area is completely
enclosed by a minimum eight-foot fence with locking gate and is screened
by 100% opaque screening material placed in the fencing or by a six-foot
dense, compact evergreen hedge. Gates shall be 100% opaque or contain
100% opaque screening.
D.
Any area of the building that is used for business offices shall
comply with the parking requirements 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 1,500
square feet of gross floor area devoted to that use.
37.
Research and Development, subject to:
A.
Any research and development that results in the death of animals
must comply with all applicable Federal, State and local regulations
for such research, including regulations concerning the destruction
and/or disposal of animal remains.
B.
No research and development activities shall have any adverse impact
on public health, safety and welfare.
C.
Unless necessary for the conduction of research, investigation and
study, all research and development activities shall be conducted
within completely enclosed buildings. Any research and development
activities conducted outside of a completely enclosed building must
be shielded from view of adjacent properties by walls, topography,
landscaping or other means approved by the Township Zoning Officer.
D.
All materials stored on the premises shall be completely enclosed
buildings.
E.
Hours of operation shall be limited to between 6:00 a.m. and 9:00
p.m., except for maintenance purposes, data and communications processing,
and research and equipment that require continuous operation or study.
38.
Retail Stores and Service Shops.
39.
Satellite Dish Antennas.
A.
No antenna on a residential parcel shall be higher than 17 feet above
the ground, except that antennas installed on a roof of a dwelling
may go up to 35 feet above the ground. All such antennas shall be
restricted to back yard installations that maintain side and rear
yard setbacks.
B.
No antenna shall be installed without obtaining a zoning certificate under Part 5 of this Chapter.
C.
The antenna use or structure shall not involve any element or cause
any condition that may be dangerous, injurious or noxious to any other
person or property and shall comply with the performance standards
set forth in § 405.
D.
All ground-mounted antennas shall be completely enclosed by a six-foot-high
nonclimbable fence. Any gates within the fence shall be kept locked
when unattended.
E.
A maximum of one antenna shall be permitted on a lot.
40.
Sawmills. Sawmills are subject to the following criteria:
A.
Minimum lot area: 10 acres.
B.
All cutting, sawing, grinding, or other processing shall be conducted
within a completely enclosed building;
C.
No material shall be deposited or stored and no building or structure
shall be located within 500 feet of any property line.
D.
Any external area used for the unloading, transfer, storage, or deposition
of material must be completely screened from view at the property
line. (The use of an earthen berm is encouraged where practicable).
E.
All uses shall provide sufficiently long stacking lanes into the
facility so that vehicles waiting will not back up onto public roads.
F.
All access drives onto the site shall be paved for a distance of
at least 200 feet from the street right-of-way line. In addition,
if portions of on-site access drives are unpaved, then a fifty-foot-long
gravel section of driveway shall be placed just beyond the preceding
two-hundred-foot paved section to help collect any mud that may have
attached to a vehicle's wheels. The owner and/or operator shall
be responsible for removing any mud from public roads caused by a
person traveling to and from the site.
G.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted
to the Township.
H.
The hours of operation for this use will be limited to 7:00 a.m.
to 7:00 p.m. No operations shall be permitted on weekends or legal
holidays.
41.
Senior Living Community.
A.
The Board of Commissioners shall approve a conditional use for such
facility only after a finding that the plans and programs for the
management of the facility are adequate to protect the health, safety
and welfare of the persons serviced by the facility and the residents
of the neighborhood in which the facility is located.
B.
On-site parking shall be provided at a ratio of one stall per two
units located within the facility and one for each two employees on
the maximum working shift.
C.
Such facility shall be on a minimum parcel size of seven acres, provided
that if there are both an independent living facility and an assisted
living facility within the senior living community, each facility
may be on a separate parcel of at least 2 1/2 acres.
D.
A buffer yard at least 30 feet wide shall be provided along the entire
perimeter of the site planned in accordance with §§ 314
and 408.4J, which buffer may be satisfied by existing vegetation that
provides equivalent screening.
E.
All buildings within the senior living community shall be constructed
and maintained consistent with a common color scheme and utilizing
the same or complementary exterior wall materials.
42.
Sexually Oriented Businesses. Sexually oriented businesses may be
established only in an M-2 Zoning District.
A.
Persons or owners who intend to open a sexually oriented business
must obtain from the Township a license to operate such an enterprise
and must pay a license fee, as set by resolution of the Commissioners,
to the Township. In addition, such persons or owners must supply to
the Township detailed information as to ownership operation and as
required on the licensing application form. This form can be obtained
at the Township office.
B.
No sexually oriented business can be located within 250 feet of the
boundary line of any property on which is located a residence, educational
institution, hospital, nursing home, sanitarium, retirement or convalescent
home, group home, personal care home, public park, religious establishment,
establishment which is licensed to and does sell alcoholic beverages,
other sexually oriented businesses, day-care center, or within 250
feet of any area zoned residential or a PRD.
C.
Landscaping shall be provided in compliance with the landscaping
guideline contained in § 314 of this Chapter.
43.
Single-Family House, subject to:
A.
Maximum lot coverage shall be 20%.
B.
Maximum building height shall be 35 feet.
C.
Only those areas necessary for the construction of the house and
accessory structures, driveway and utilities shall be cleared of trees
and shrubs. In no case shall more than 50% of existing trees and shrubs
be removed to permit construction. Also, trees on slopes greater than
15% shall not be removed.
44.
Slaughterhouses. Slaughterhouses are subject to the following criteria:
A.
Minimum lot area: five acres.
B.
The subject site shall have access to a collector or arterial road.
C.
All aspects of the slaughtering, processing, rendering, and packaging
operation, excepting the unloading and holding of live animals, shall
be conducted within a completely enclosed building.
D.
All live animals held outside shall be within secure holding pens
or runways, sufficiently large to accommodate all animals without
overcrowding, and not located within the front yard.
E.
The applicant shall furnish a working plan for the recovery of escaped
animals, which minimizes the potential for animals to enter traffic
or cross property lines and which shall be continuously implemented.
F.
All animal wastes shall be regularly cleaned up daily and properly
disposed of, so as not to be objectionable at the site's property
line.
G.
The unloading of live animals from trucks into holding pens and their
movement into the plant shall be continuously supervised by a qualified
operator, whose responsibility it shall be to immediately identify
and appropriately dispatch any obviously ill or injured animals.
H.
The unloading of live animals and their movement into the plant shall
be conducted in an orderly and calm manner so as to minimize noise
levels.
I.
The loading and unloading of trucks shall be restricted to the hours
between 8:00 a.m. and 6:00 p.m.
J.
No exterior animal holding pens and/or areas devoted to loading/unloading
of animals shall be located within 200 feet of any property line nor
500 feet of any land within the residential zones.
K.
All animal holding pens and/or areas used for the loading/unloading
of animals shall be screened from all adjoining properties and shall
include a minimum fifty-foot wide landscape strip.
L.
Sewer and water lines shall be designated and installed to minimize
the potential for leakage and contamination.
M.
Wastewater shall be kept completely covered at all times to reduce
the potential for release of odors. In no event shall wastewater be
disposed in any other manner inconsistent with PA DEP regulations.
N.
All unusable animal by-products shall be stored indoors in leak-
and vectorproof containers. In the case of slaughtering or processing
operations that do not do their own rendering, the applicant shall
provide evidence of a written contract with a rendering operation
for the daily disposal of such waste products. In no case shall any
waste products remain on the site for more than 24 hours.
O.
The applicant must demonstrate written compliance with, and continue
to comply with, all applicable local, State and Federal standards
and regulations.
P.
The use shall provide sufficiently long stacking lanes and on-site
loading/unloading areas in the rear yard so that trucks waiting to
be loaded/unloaded will not back up onto public roads. No parking
or loading/unloading shall be permitted on or along any public road.
Q.
Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties. Access drives used by trucks shall only intersect with
major collector or arterial roads.
R.
All access drives onto the site shall have a paved minimum thirty-five-foot-wide
cartway for a distance of at least 200 feet from the street right-of-way.
In addition, if portions of on-site access drives are unpaved, then
a fifty-foot-long gravel section of driveway shall be placed just
beyond the preceding two-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's wheels. The owner
and/or operator shall be responsible for removing any mud from public
roads caused by persons traveling to and from the site.
S.
The applicant shall furnish a traffic impact report prepared by a
professional engineer.
45.
Storage Facilities, subject to:
A.
The storage of hazardous materials, including but not limited to
toxic or explosive substances, is prohibited.
B.
Wholesale or retail sales, garage sales, flea markets or outside
storage is prohibited.
C.
Areas designed for circulation shall be paved. The lot shall have
direct ingress/egress to a public collector or arterial road. Points
of ingress/egress shall not be through a road in which the current
use of the majority of lots fronting on the road is single-family
dwellings. Vehicular access to the lots shall be limited to one two-way
or two one-way driveways from each arterial or collector road on which
the lot 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 have 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.
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 which are less than 15 feet in depth and 42 feet for storage
units which are more than 15 feet in depth. The minimum distance from
the end of any storage building to the end of any adjacent storage
building shall be 20 feet.
G.
The maximum length of any storage building shall be 200 feet.
H.
Office space may be provided, but it shall not exceed 5% of the total
floor area devoted to storage.
I.
Storage units shall not be equipped with water or sanitary sewer
service.
J.
No business activity other than rental of storage units shall be
conducted on the premises.
K.
The applicant shall provide a plan for photometrics of the lot. Illumination,
when measured at a lot line abutting a residential property, shall
be a maximum of one footcandle.
48.
Utility and Storage Building, subject to:
A.
The storage of hazardous materials, including but not limited to
toxic or explosive substances, is prohibited.
B.
Areas designed for vehicular circulation shall be paved.
C.
The maximum length of any storage building shall be 100 feet.
D.
The applicant shall provide a plan for photometrics of the lot. Illumination,
when measured at a lot line abutting a residential property, shall
be a maximum of one footcandle.
49.
Waste Disposal, Treatment or Transfer Facility.
A.
Such facility shall be entirely owned and operated by Harrison Township
or a municipal authority established wholly or in part by Harrison
Township, or a private entity licensed by all appropriate Federal,
State and County agencies.
B.
Such facility shall be located at least 500 yards from any dwelling,
church, school or building utilized for human occupancy and shall
be located at least 200 feet from the boundaries of all adjoining
properties.
C.
Applications for such conditional uses shall be accompanied by a
certificate, licenses, approvals or other documents required by any
governmental unit or agency having jurisdiction to issue same when
it is possible to obtain those instruments prior to conditional use
approval. When it is not possible to obtain such certificates, licenses,
approvals or other documents prior to conditional use approval, the
application shall so state and the application shall be processed.
However, in such cases, the grant of a conditional use shall be conditioned
upon all necessary certificates, licenses, approvals or other documents
being granted.
D.
Minimum lot area: five acres.
E.
Any processing and/or treatment of waste (including but not limited
to incineration, composting, steaming, shredding, compaction, material
separation, refuse derived field, pyrolysis, etc.) shall be conducted
within a wholly enclosed building.
F.
Any external area used for the unloading, transfer, storage, or deposition
of waste must be completely screened from view at the property line.
(The use of an earthen berm is encouraged where practicable.) In addition,
such areas must also be completely enclosed by an eight-foot-high
fence, with no opening greater than two inches in any direction.
G.
The use shall be screened from all adjoining properties.
H.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting to be weighed and/or unloaded will
not backup onto public roads.
I.
All access drives on the site shall be completely paved, except in
the case of landfills where access drives are required to be paved
for a distance of at least 200 feet from the street right-of-way line.
In addition, if portions of on-site access drives are unpaved, then
a fifty-foot long gravel section of driveway shall be placed just
beyond the preceding two-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's wheels.
J.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against indiscriminate and
unauthorized dumping, all areas of the site shall be protected by
locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
K.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted
to the Township.
L.
The unloading, processing, treatment, transfer, and disposal of waste
shall be continuously supervised by a qualified facility operator.
M.
Any waste that is to be recycled shall be stored in leak- and vectorproof
containers. Such containers shall be designed to prevent their being
carried by wind or water. These containers shall be stored within
a completely enclosed building.
N.
All storage of waste shall be indoors in a manner that is leak- and
vectorproof. During normal operation, no more waste shall be stored
on the property than is needed to keep the facility in constant operation
but, in no event, for more than 24 hours.
O.
A contingency plan for the disposal of waste during a facility shutdown,
shall be submitted to the Township.
P.
Leachate from the waste shall be disposed of in a manner in compliance
with any applicable State and Federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, pretreatment may
be required and appropriate permits shall be obtained from the applicable
agencies and authorities. In no event shall leachate be disposed of
in any manner inconsistent with the Department of Environmental Protection's
regulations.
Q.
All structures shall be set back at least a distance equal to their
height.
R.
The applicant shall submit an analysis of raw water from either private
or public sources, indicating the quantity of water required. The
applicant will provide a letter indicating that a public or private
source will provide the water needed. The applicant shall also provide
proof of approval from and/or compliance with the regulations of the
Pennsylvania Department of Environmental Protection and all other
pertinent agencies regarding water supply and use.
S.
The applicant shall provide a qualified traffic impact report.
T.
A minimum one-hundred-foot-wide landscape strip shall be located
along all property lines. No structures, storage, parking, or any
other related activity or operation shall be permitted within this
landscape strip. Any fences or other screening erected on the site,
must not be located within this landscape strip.
U.
The applicant shall furnish expert testimony regarding emergency
preparedness measures provided and/or otherwise available to respond
to potential hazards regarding the spill of waste materials during
transport and potential hazards regarding firefighting of waste materials
upon the site.
V.
No principal waste handling facility shall be located within one
mile of another, as measured in a straight line between closest property
lines.
W.
Maximum building height shall be 35 feet.
X.
Maximum height of fill shall be 50 feet.
Y.
A plan for the restoration of all borrow areas will be submitted
for approval.
Z.
The hours of operation for this use shall be limited to 7:00 a.m.
to 7:00 p.m.
50.
Wholesale Business. Wholesale business establishments are permitted
by conditional use, subject to the following criteria:
A.
The applicant shall provide a detailed description of the proposed
use for each of the following topics:
(1)
The nature of the on-site activities and operations, the types
of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with State and Federal regulations.
(2)
The general scale of the operation, in terms of its market area,
specific floor space requirements for each activity, the total number
of employees on each shift, and an overall needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinance.
B.
The applicant shall provide a traffic impact report prepared by a
professional traffic engineer.
C.
Minimum lot size is one acre.
51.
(Reserved)
52.
Three-
and Four-Family Houses in the R-2 District.
[Added by Ord. 1953, 9/22/2011]
A.
All
property lines adjacent to property used for or zoned to allow single-family
use shall be screened by Buffer Area B, as defined by § 314 of
this Chapter.
B.
All
parking areas adjacent to property used for or zoned to allow single-family
use shall be screened by a minimum six-foot-high compact evergreen
hedge.
C.
All
portions of the property not covered by buildings, driveway, parking,
pools, shelters, gazebos or other paved area shall be suitably landscaped
with grass, ground cover and decorative shrubs or trees in accordance
with Buffer Area C requirements.
D.
Off-street
parking shall be provided in accordance with the requirements of this
Chapter.
53.
Natural
Gas Compressor Stations and Natural Gas Processing Plants.
[Added by Ord. 1951, 9/22/2011]
A.
The
applicant shall, at its sole expense, provide site orientation and
associated training to Township emergency services to all Township
emergency service providers before operation begins and once per year
thereafter. An emergency preparedness plan shall be submitted, prepared
by an expert in emergency/hazardous materials response, which plan
shall be reasonably satisfactory to the Township Police Chief, the
Fire Chief of the fire company closest to the plant locations and
the Township Emergency Management Coordinator.
B.
All
proposed structures comprising the station or plant shall be located
at least 1,000 feet from property zoned R-1 and 500 feet from any
property used for a single-family dwelling located other than in an
R-1 District.
C.
The
minimum site acreage is five acres.
D.
Compressors
shall be located within a completely enclosed building.
E.
The
design and color of structures and improvements shall be chosen to
be compatible with and blend in with the surrounding area. All property
lines adjacent to property zoned residential shall be screened by
buffer areas in accordance with § 314.
F.
The
applicant shall provide a site plan containing all of the information
for a site plan submitted for a gas and oil well conditional use application
under § 408.33 therein, except that information pertaining to
a natural gas compressor station or processing plant, and related
structures, operations or facilities, shall be provided in lieu of
information pertaining to gas and oil wells.
G.
The
application shall be accompanied by a nonrefundable application fee
of $2,500.
H.
No outdoor
storage of materials or equipment is permitted.
I.
The
site shall be secured with gates, fencing and security personnel,
and security plans shall be provided to the Township Chief of Police
for review. Access to the site shall be limited to posted times when
security personnel are on duty.
J.
The
minimum distance between natural gas compressor stations shall be
one mile.
K.
The
performance standards at § 405 must be met. It shall be a condition
of approval that the Township may, before or after operation commences,
require acoustical blankets, sound walls, mufflers or alternative
methods to mitigate noise impact on residentially zoned property.
The Township may utilize an expert in noise control to assist in achieving
such noise mitigation, with the expense of such expert to be assessed
to the applicant or operator.
L.
A lighting
plan shall be submitted which prevents glare from being directed to
the adjacent properties or to any residentially zoned property.
[Ord. 1944, 11/23/2009]
In proceedings involving a request for a conditional use approval,
the duty of initially presenting evidence and the burden of persuading
the factfinder that the proposed use satisfies the specific or objective
requirements for the grant of a conditional use as are set forth in
this Chapter rests upon the applicant. The burden of persuading the
factfinder that the proposed use will not offend general or nonobjective
public interests such as the health, safety and welfare of the neighborhood
rests upon the applicant.
