A.
In addition to the general criteria listed in §§ 415-138C and 415-147, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such cases, the specific special exception or conditional use standards shall apply.
B.
For the purposes of this article, any required setbacks imposed upon
special exceptions or conditional uses shall be measured from the
boundary line of the site for which the special exception or conditional
use is requested, regardless of whether or not this line corresponds
to a property line or a lease line.
A.
Within the C, A, R and RE Zones, accessory apartments are permitted uses, subject to the criteria stated in § 415-51.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Only one accessory apartment shall be permitted as an accessory use
to a principal owner-occupied single-family detached dwelling.
C.
An accessory apartment shall be contained within the principal building
or within a portion of an accessory building.
D.
Regardless of the location of the accessory apartment, no accessory
apartment shall comprise more than 40% of the habitable floor space
contained within the principal dwelling.
E.
The applicant shall demonstrate that an approved means of sewage
disposal and reliable water supply shall be used.
F.
All units contained on floors above or below grade shall have a direct
means of escape to ground level.
G.
Any modifications to the external appearance of the building (except
fire escapes) shall complement its residential character.
H.
One off-street parking space shall be provided in addition to those
required by other uses on the property.
Within the I-2 Zone adult-related facilities are permitted by
conditional use, subject to the following criteria:
A.
An adult-related facility shall not be permitted to be located within
1,000 feet of any other adult-related facility.
B.
No adult-related facility shall be located within 600 feet of any
residentially zoned land.
C.
No adult-related facility shall be located within 600 feet of any
parcel of land which contains any one or more of the following specified
land uses:
D.
The distance between any two adult entertainment establishments shall
be measured in a straight line, without regard to intervening structures,
from the closest point on the exterior parcel line of each establishment.
The distance between any adult entertainment establishment and any
land use specified above shall be measured in a straight line, without
regard to intervening structures, from the closest point on the exterior
property line of the adult entertainment establishment to the closest
point on the property line of said land use.
E.
No materials, merchandise or film offered for sale, rent, lease,
loan or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
F.
Any building or structure used and occupied as an adult-related facility
shall be windowless, or have an opaque covering over all windows or
doors of any area in which materials, merchandise or film are exhibited
or displayed, and no sale of materials, merchandise or film shall
be visible from outside of the building or structure.
G.
No sign shall be erected upon the premises pictorially depicting
or giving a visual representation of the type of materials, merchandise
or film offered therein.
H.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 17 years are not permitted to enter
therein and warning all other persons that they may be offended upon
entry.
I.
No adult-related facility may change to another adult-related facility,
except upon approval of an additional conditional use.
J.
The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate.
K.
No unlawful sexual activity or conduct shall be permitted.
L.
No more than one adult-related facility may be located within one
building or shopping center.
Within the A Zone, airports/heliports are permitted by conditional
use, subject to the following criteria:
A.
Minimum lot area: 30 acres for airports and three acres for heliports.
B.
All facilities shall be designed and operated in strict compliance
with all applicable state and federal laws and regulations.
C.
The applicant shall furnish evidence of the obtainment of a license
from the Pennsylvania Department of Transportation, Bureau of Aviation,
prior to the approval of the conditional use application.
D.
No part of the takeoff/landing strip and/or pad shall be located
nearer than 300 feet from any property line.
Within the C, A, R and R-3 Zones bed-and-breakfasts are permitted
by special exception, subject to the following criteria:
A.
Bed-and-breakfasts shall only be permitted within single-family detached
dwellings that existed on the effective date of this chapter.
B.
Any modifications to the external appearance of the building (except
fire escapes) shall complement its residential character.
C.
All floors above or below grade shall have a permanently affixed
direct means of escape to ground level.
D.
One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit.
E.
All parking areas shall be set back a minimum of 25 feet from all
property lines and shall be screened from adjoining lots and streets.
F.
A bed-and-breakfast may erect one sign no larger than 12 square feet
in size, which must be set back 10 feet from all lot lines.
G.
Meals shall be offered only to registered overnight guests.
H.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used.
I.
The applicant shall furnish proof of any needed land development
approvals and approval from the Pennsylvania Department of Labor and
Industry.
Within the R-2 and R-3 Zones boardinghouses are permitted by
special exception, subject to the following criteria:
A.
The following minimum lot area requirements shall be provided:
|
Minimum Required Lot Size
|
Additional Lot Area Per Boarder
(up to 10 boarders)
| |
|---|---|---|
|
10,000 square feet
|
plus
|
500 square feet
|
B.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used.
C.
No modifications to the external appearance of the building (except
fire escapes), which would alter its residential character, shall
be permitted.
D.
All floors above and/or below grade shall have a permanently affixed
direct means of escape to ground level.
E.
One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit.
F.
One sign, not to exceed 12 square feet, shall be permitted.
G.
The applicant shall furnish proof of any needed land development
approvals and approval from the Pennsylvania Department of Labor and
Industry.
H.
Within the R-3 Zone, the applicant shall demonstrate those measures employed to incorporate the design features listed in § 415-20I. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design.
Within the C and R Zones, campgrounds are permitted by special
exception on a minimum of 10 acres, subject to the following criteria:
A.
Setbacks. All campsites shall be located at least 50 feet from any
side or rear property line and at least 100 feet from any public street
line.
B.
Each campsite shall be at least 3,000 square feet in size and shall
either provide parking space for one automobile, which will not interfere
with the convenient and safe movement of traffic, or equivalent parking
shall be provided in a common parking area.
D.
All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining residentially zoned properties. Such
outdoor play areas shall be used exclusively by registered guests
and their visitors.
E.
All campgrounds shall furnish centralized sanitary and garbage collection
facilities that shall be set back a minimum of 100 feet from any property
line. Such facilities shall be screened from adjoining residentially
zoned properties.
F.
Any accessory retail or service commercial uses shall be set back
a minimum of 100 feet from any property line. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for these commercial uses shall only have vehicular access from the
campground's internal road rather than the public street. All accessory
commercial uses and related parking shall be screened from adjoining
residentially zoned parcels.
G.
All campgrounds containing more than 100 campsites shall have vehicular
access to an arterial or collector street.
H.
A campground may construct one freestanding or attached sign containing
no more than 32 square feet. Any reference to accessory commercial
or recreational facilities shall remain secondary in size to the reference
of the principal campground use. Such sign shall be set back at least
10 feet from the street right-of-way line, at least 100 feet from
any residential zone, and at least 25 feet from adjoining lot lines.
I.
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities, which shall not be
located within 100 feet of any property line. Responsibility for maintenance
of the recreation area shall be with the landowner.
J.
During operation every campground shall have an office in which shall
be located the person responsible for operation of the campground.
K.
All water facilities, sewage disposal systems, restrooms, solid waste
disposal and vector control shall be approved and maintained in accordance
with the requirements of the Pennsylvania Department of Environmental
Protection.
L.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets.
Within the A, R, RE, R-1, R-2 and R-3 Zones, churches, or churches
and cemeteries, or churches and related uses, are permitted by conditional
use, subject to the following criteria:
A.
House of worship.
(1)
Minimum lot area: two acres, provided that within the A Zone no church
shall contain more than five acres of lot area.
(2)
Minimum lot width: 200 feet.
(3)
All houses of worship shall have vehicular access to an arterial
or collector highway.
(4)
Side yard setback: 50 feet on each side.
(5)
All off-street parking areas shall be set back at least 25 feet from
the street right-of-way line.
B.
Church-related residences (rectories and convents).
(1)
All residential uses shall be accessory and located upon the same
lot or directly adjacent to a lot containing a house of worship; and
(2)
All residential uses shall be governed by the location, height and
bulk standards imposed upon other residences within the site's zone,
except that any number of persons of a convent and/or seminary may
share group quarters.
C.
Church-related educational or day-care facilities.
(1)
All educational or day-care uses shall be accessory and located upon
the same lot as a house of worship.
(2)
If education or day care is offered below the college level, an outdoor
play area shall be provided at a rate of 65 square feet per individual
enrolled. Off-street parking lots shall not be used as outdoor play
areas. Outdoor play areas shall not be located within the front yard
and must be set back 25 feet from all property lines. Outdoor play
areas shall be completely enclosed by a minimum four-foot-high fence
and screened from adjoining residentially zoned properties. Any vegetative
materials located within the outdoor play areas shall be of a nonharmful
type (not poisonous, thorny, allergenic, etc.). All outdoor play areas
must provide a means of shade, such as a shade tree(s) or pavilion(s).
(3)
Enrollment shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a seven-day
period.
(4)
Passenger dropoff areas shall be provided and arranged so that passengers
do not have to cross traffic lanes on or adjacent to the site.
(5)
All educational or day-care uses shall be governed by the location,
height and bulk standards imposed upon principal uses within the underlying
zone.
(6)
Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10 and/or one off-street parking space for each
three students in grades 10 and above.
D.
Cemeteries.
(1)
All burial plots or structures shall be located at least 20 feet
from any property line or street line;
(2)
Assurances must be provided that water supplies of surrounding properties
will not be contaminated by burial activity within the proposed cemetery;
and
(3)
No burial plots or facilities are permitted in floodplain or flood-fringe
areas.
A.
Within the INT, C-2 and R-1 Zones, commercial day-care facilities are permitted by conditional use; in the R-2 Zone, commercial day-care facilities are permitted by special exception, subject to the following criteria; and within the I-1 and I-2 Zones, commercial day-care facilities are permitted uses, subject to the criteria stated in § 415-58.
[Amended 4-28-2010 by Ord. No. 5-2010]
B.
An outdoor play area shall be provided, at a rate of 65 square feet
per individual enrolled. Off-street parking compounds shall not be
used as outdoor play areas. Outdoor play areas shall not be located
within the front yard. Additionally, outdoor play areas shall be located
and designed so as not to disrupt normal activities of adjoining uses
permitted within the zone and/or neighborhood. Outdoor play areas
shall be completely enclosed by a minimum four-foot-high fence and
screened from adjoining residentially zoned properties. Any vegetative
materials located within the outdoor play areas shall be of a nonharmful
type (not poisonous, thorny, allergenic, etc.) All outdoor play areas
must provide a means of shade, such as a shade tree(s) or pavilion(s).
C.
Enrollment shall be defined as the largest number of persons and/or
children under day-care supervision at any one time during a seven-day
period.
D.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
E.
One off-street parking space shall be provided for each six persons
enrolled.
F.
All commercial day-care facilities shall obtain and maintain proper
licensure from the Commonwealth of Pennsylvania.
G.
The applicant shall demonstrate that adequate safeguards are provided
to protect students from nearby industrial activities and uses.
H.
Within the R-1 Zone, commercial day-care facilities are subject to
the following additional criteria:
[Added 4-28-2010 by Ord. No. 5-2010]
(1)
Tract size shall be a minimum area of two acres.
(2)
Tract shall be located at an existing or planned traffic-signalized
intersection with access of the facility limited to the secondary
classified street.
(3)
Outdoor play areas shall be set back a minimum of 25 feet from any
adjacent residential uses or any R-1 zoned property.
(4)
Adequate screening shall be provided for the whole use of the property
in addition to the screening required for the outdoor play areas.
Within the C Zone, commercial livestock operations are permitted
by special exception, subject to the following:
A.
All buildings used for the housing of livestock shall consist of
a solid concrete slab or slotted floor.
B.
Minimum lot area: 20 acres.
C.
Any area used for the housing, feeding and watering and/or outdoor
running of livestock shall be set back 500 feet from any residential
zone.
D.
The applicant shall furnish qualified evidence that the proposed
use has an approved manure management plan that complies with the
applicable PADEP guidelines. All subsequent operations on the site
shall be required to strictly adhere to this approved manure management
plan.
E.
The applicant shall furnish evidence from the Cumberland Conservation
District that the proposed use has an approved conservation plan.
Within the I-2 Zone, commercial stockyards or feedlots are permitted
by conditional use, subject to the following:
A.
Minimum lot area: 10 acres.
B.
All areas for the storage, feeding or keeping of animals shall be
completely enclosed by a fence of sufficient strength and size to
prevent the escape of animals. Furthermore, all such areas shall be
set back at least 200 feet from any adjoining property, except that
such areas shall be set back at least 500 feet from any land within
any residential zone.
C.
All uses shall have sufficient off-street loading (or stacking) space
so as to prevent the backup of vehicles on adjoining roads.
D.
Access. 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.
(1)
All access drives shall be designed and located so as to permit the
following minimum sight distances, measured from a point at least
10 feet behind the curbline or edge of cartway of an intersecting
public street. No sight obstructions shall be permitted which are
greater than three feet or less than 10 feet above the street surface.
|
Speed Limitation on Public Street
(mph)
|
Required Sight Distance
(feet)
|
|---|---|
|
25
|
240
|
|
30
|
275
|
|
35
|
315
|
|
40
|
350
|
|
45
|
425
|
|
50
|
475
|
|
55
|
550
|
(2)
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 fifty-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.
(3)
In general, access drives shall intersect public streets at 90°,
as site conditions permit; however, in no case shall access drives
intersect public streets at less than 70°. Said angle shall be
measured from the center line of the street to the center line of
the access drive.
F.
Any exterior public address system shall be designed and arranged
so that the audible levels of any messages conveyed over the system
will not exceed the ambient levels of the use. Such measurements shall
be conducted at the property lines.
G.
All animal wastes and/or deceased animals shall be properly stored
and disposed of so as not to be objectionable at the site's property
line and so as not to become a nuisance to adjoining properties.
[Amended 9-24-2014 by Ord. No. 5-2014; 9-23-2020 by Ord. No. 2020-05]
A.
Short title. This section shall be known as the "Silver Spring Township
Wireless Communications Facilities Ordinance."
B.
Purposes and findings of fact.
(1)
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Silver Spring Township. While the Township recognizes
the importance of wireless communications facilities in providing
high-quality communications service to its residents and businesses,
the Township also recognizes that it has an obligation to protect
public safety and to minimize the adverse visual effects of such facilities
through the standards set forth in the following provisions.
(2)
By enacting this section, the Township intends to:
(a)
Regulate the placement, construction, and modification of wireless
communications facilities to protect the safety and welfare of the
public;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities;
(e)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(f)
Protect Township residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape;
(g)
Ensure that wireless communications facilities will be removed
in the event that such structures are abandoned or become obsolete
and are no longer necessary; and
(h)
Update the Township's wireless facilities regulations to
incorporate changes in federal and state laws and regulations.
C.
D.
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
(1)
Procedures.
(a)
Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall submit plans to the Township for review by the Township staff and Planning Commissions and for approval by conditional use by the Township Board of Supervisors in accordance with the requirements of Part II, Chapter 415, Article VII, § 415-147, "Conditional uses," of the Code of Silver Spring Township.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a tower-based WCF and that the proposed tower-based WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(2)
Timing of approval. All applications for tower-based WCFs shall be
acted upon within 150 days of the receipt of a fully completed application
for the approval of such tower-based WCF, including an application
fee in an amount specified by the Wireless Fee Schedule. If the Township
receives an application for a tower-based WCF and such application
is not fully completed, then the Township shall promptly notify the
applicant that the application is not complete, and the time for the
approval of such application shall not commence until a fully completed
application is received by the Township.
(3)
Prohibited in residential districts. No tower-based WCF shall be
located within a residential district or within 200 feet of a lot
in residential use or a residential district boundary.
(4)
Development regulations. Tower-based wireless communications facilities
shall be developed in accordance with the following requirements:
(a)
Permitted subject to regulations. Any tower-based WCF that is
either not mounted on any existing structure or is more than 25 feet
higher than the structure on which it is mounted is permitted in certain
zoning districts as a conditional use, subject to the restrictions
and conditions prescribed herein and subject to the prior written
approval of the Township. The Township Board of Supervisors may grant
a conditional use after review of the Planning Commission and a public
hearing before the Board of Supervisors. An applicant for a tower-based
WCF must establish the following:
[1]
Coverage and capacity. An applicant for a tower-based WCF must
demonstrate that a gap in wireless coverage and capacity exists and
that the type of WCF and siting being proposed is the least intrusive
means by which to fill the gap in wireless coverage and capacity.
The existence or nonexistence of a gap in wireless coverage shall
be a factor in the Township's decision on an application for
approval of tower-based WCFs.
[2]
Co-location. That there is not suitable space on existing wireless
service facilities or other wireless service facility sites or on
other sufficient tall structures where the intended wireless service
facility can be accommodated and function as required by its construction
permit or license without unreasonable modification.
[3]
Good faith effort. If the applicant proposes to build a tower
(as opposed to mounting the antenna on an existing structure), said
applicant is required to demonstrate that they contacted the owners
of all structures within a one-mile radius of the site proposed, asked
for permission to install the antenna on those structures and was
denied for reasons other than economic ones. This would include smokestacks,
water towers, tall buildings, antenna support structures of other
telecommunications companies, other communication towers (fire, police,
etc.), and other tall structures. The Township Board of Supervisors
may deny any application to construct a new tower if the applicant
has not made a good faith effort to mount the antenna on an existing
structure.
[4]
Site plan. A full site plan which shall include:
[a]
Written authorization from the property owner of
the proposed tower-based WCF site.
[b]
A site plan that is drawn to scale and shows the
following features: property boundaries; any tower guy wire anchors
and other apparatus; existing and proposed structures; scaled elevation
view; access road(s) location and surface material; parking area;
fences; location and content of (any or warning) signs; exterior lighting
specifications; landscaping plan; land elevation contours; existing
land uses surrounding the site; proposed transmission building and/or
other accessory uses with details; elevations; and proposed use(s).
[c]
A written report including information describing
the tower height and design; a cross-section of the structure; engineering
specifications detailing construction of tower, base and guy wire
anchorage; information describing the proposed painting and lighting
schemes; information describing the tower's capacity, including
the number and type of antennas that it can accommodate; radio-frequency
coverage including scatterplot analysis and the input parameters for
the scatterplot analysis; all tower structure information to be certified
by a licensed P.E.; and wireless telecommunications data to be certified
by an appropriate wireless telecommunications professional.
[d]
All other uses ancillary to the tower-based WCF
and associated equipment (including a business office, maintenance
depot, vehicle storage, etc.) are prohibited from the tower-based
WCF site unless otherwise permitted in the zoning district in which
the tower-based WCF site is located.
(b)
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(c)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
[1]
Existing use. The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
communications facility.
[2]
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
[3]
Minimum setbacks. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure and any property line or right-of-way line shall
be the largest of the following:
(5)
Co-location.
(a)
An application for a new tower-based WCF shall not be approved
unless the Township finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or building.
(b)
Any applicant proposing construction of a new tower-based WCF
outside the rights-of-way shall demonstrate to the satisfaction of
the Township Board of Supervisors, by written submission, that a good
faith effort has been made to obtain permission to mount the tower-based
WCF antenna on an existing building or structure. A good faith effort
shall require that all owners of potentially suitable structures within
a one-quarter-mile radius of the proposed tower-based WCF site be
contacted and that the applicant certifies, in writing, to the Township
Board of Supervisors that one or more of the following reasons for
not selecting such structure apply:
[1]
The proposed WCF and related equipment would exceed the structural
capacity of the existing structure and its reinforcement cannot be
accomplished at reasonable cost;
[2]
The proposed WCF and related equipment would cause radio-frequency
interference with other existing equipment for that existing structure
and the interference cannot be prevented at reasonable cost;
[3]
Such existing structure does not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function; and/or
[4]
A commercially reasonable agreement cannot be reached with the
owner(s) of such structure.
(6)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(7)
Wind and ice. Any tower-based WCF structures shall be designed to
withstand the effects of wind and ice according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
(8)
Height. Any tower-based WCF shall be designed at the minimum functional
height. All tower-based WCF applicants must submit documentation to
the Township justifying the total height of the structure. In no case
shall a WCF exceed a maximum height of 200 feet.
(9)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(10)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(d)
The Township reserves the authority to require the repainting
of all tower-based facilities where the painting of such facilities
is not regularly maintained.
(11)
Radio-frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio-frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(12)
Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on an historic register
or is located in an historic district.
(13)
Conservation District. No tower-based WCF may be located on
a building or structure that is located in the Conservation District
(C).
(14)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency.
(15)
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(16)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(17)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(18)
Inspection. No later than December of each odd-numbered year,
the owner of the tower-based WCF shall have said WCF structure inspected
by an expert who is regularly involved in the maintenance, inspection
and/or erection of tower-based WCFs and has demonstrated his/her expertise
to the satisfaction of the Township. At a minimum, this inspection
shall be conducted in accordance with the Tower Inspection Class checklist
provided in the Electronics Industries Association (EIA) Standard
222, Structural Standards for Steel Antenna Towers and Antenna Support
Structures. A copy of said inspection report and certification of
continued use shall be provided to the Township by March 1 following
the inspection. Any repairs advised by the report shall be effected
by the owner within 60 calendar days after the report is filed with
the Township.
(19)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this section. The applicant and/or
owner of the WCF shall reimburse the Township for all costs of the
Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(20)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this section.
(21)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(22)
Siting. No tower-based wireless communications facility shall
be located, in whole or in part, within the right-of-way.
(23)
Notice. Upon receipt of an application for a tower-based WCF,
the Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 1,000 feet of
the site of the proposed facility and of every property zoned residential
not on the same street within 200 feet of the proposed facility.
(24)
Eligible facilities request.
(a)
Tower-based WCF applicants proposing a modification to an existing
tower-based WCF that does not substantially change the dimensions
of the underlying structure shall be required to obtain a zoning permit
for construction from the Township.
(b)
In order to be considered for the requisite permit, the tower-based WCF applicant must submit an application to the Township in accordance with applicable permit and certificate policies and procedures enumerated at Part II, Chapter 415, Article VII, § 415-144, "Zoning permits; certificates and use of occupancy."
(25)
Design regulations.
(a)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character of the Township.
(b)
The tower-based WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the tower-based
WCF applicant's antennas and comparable antennas for future users.
(d)
All utilities that are extended to the site of the tower-based
WCF shall be placed underground.
(26)
Surrounding environs.
(a)
The tower-based WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the tower-based
WCF structure shall be preserved to the maximum extent possible.
(b)
The tower-based WCF applicant shall submit a soil report to
the Township complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA/TIA-222, as amended, to document and verify
the design specifications of the foundation of the tower-based WCF,
and anchors for guy wires, if used.
(27)
Fence/screen.
(a)
A security fence having a maximum height of 10 feet, and a minimum
height of eight feet, shall completely surround any tower-based WCF,
guy wires, or any building housing WCF equipment.
(b)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a right-of-way of evergreen trees (planted 10 feet on center maximum).
The evergreen screen shall be a minimum height of eight feet at planting
and shall grow to a minimum of 15 feet at maturity.
(c)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(28)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view
using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(29)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(30)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility. The easement shall
be a minimum of 20 feet in width, and the access shall be paved to
a width of at least 10 feet throughout its entire length.
(31)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF outside the right-of-way shall, at its own cost and expense, obtain
from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the Township Solicitor,
in an amount of $75,000, to assure the faithful performance of the
terms and conditions of this section. The bond shall provide that
the Township may recover from the principal and surety any and all
compensatory damages incurred by the Township for violations of this
section after reasonable notice and opportunity to cure. The owner
shall file the bond with the Township and maintain the bond for the
life of the respective facility.
(32)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(33)
Inspection by Township. The Township reserves the right to inspect
any tower-based WCF to ensure compliance with the provisions of this
section and any other provisions found within the Township Code or
state or federal law. The Township and/or its agents shall have the
authority to enter the property upon which a WCF is located at any
time, upon reasonable notice to the operator, to ensure such compliance.
E.
Non-tower wireless facilities outside the rights-of-way. The following
regulations shall apply to all non-tower wireless communications facilities:
(1)
Procedures.
(a)
Any applicant proposing a non-tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the non-tower WCF will be mounted on the structure for review by the Township staff and Planning Commissions and for approval by conditional use by the Township Board of Supervisors in accordance with the requirements of Part II, Chapter 415, Article VII, § 415-147, "Conditional uses," of the Code of Silver Spring Township.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a non-tower WCF and that the proposed non-tower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(2)
Prohibited in residential districts. No non-tower WCF shall be located
within a residential district or within 200 feet of a lot in residential
use or a residential district boundary.
(3)
Development regulations. Non-tower WCFs shall be co-located on existing
structures, such as existing buildings or tower-based WCFs, subject
to the following conditions:
(a)
Permitted subject to regulations. Non-tower WCFs are permitted
outside the public rights-of-way in certain zoning districts as a
conditional use subject to the restrictions and conditions prescribed
herein and subject to the prior written approval of the Township.
(b)
Review. The Township Board of Supervisors may grant a conditional
use after review of the Planning Commission and a public hearing before
the Township Board of Supervisors.
(c)
Height. Such non-tower WCF shall not exceed the maximum height
permitted in the applicable zoning district.
(d)
Equipment building. If the non-tower WCF applicant proposes
to locate the communications equipment in a separate building, the
building shall comply with the minimum requirements for the applicable
zoning district.
(e)
Fencing. A security fence with a maximum height of 10 feet,
and a minimum height of eight feet, shall surround any separate communications
equipment building. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
(4)
Eligible facilities request.
(a)
Non-tower WCF applicants proposing a modification to an existing
non-tower WCF that does not substantially change the dimensions of
the underlying structure shall be required to obtain a zoning permit
from the Township Zoning Officer.
(b)
In order to be considered for the requisite permit, the non-tower WCF applicant must submit an application to the Township in accordance with applicable permit and certificate policies and procedures enumerated at Part II, Chapter 415, Article VII, § 415-144, "Zoning permits; certificates and use of occupancy."
(5)
Visual or land use impact. The Township reserves the right to deny
an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
(6)
Historic buildings. Non-tower WCFs may not be located on a building
or structure that is listed on an historic register or is located
in an historic district.
(7)
Conservation District. No non-tower WCF may be located on a building
or structure that is located in the Conservation District(C).
(8)
Timing of approval. All applications for non-tower WCFs shall be
acted upon by the Township within 90 days of the receipt of a fully
completed application for the approval of such WCF, including an application
fee in an amount specified by the Wireless Fee Schedule. If the Township
receives an application for a non-tower WCF and such application is
not fully completed, then the Township shall promptly notify the applicant
that the application is not complete, and the time for the approval
of such application shall not commence until a fully completed application
is received by the Township.
(9)
Retention of experts. The Township may hire any consultant(s) and/or
expert(s) necessary to assist the Township in reviewing and evaluating
the application for approval of the WCF and, once approved, in reviewing
and evaluating any potential violations of the terms and conditions
of this section. The applicant and/or owner of the WCF shall reimburse
the Township for all costs of the Township's consultant(s) in
providing expert evaluation and consultation in connection with these
activities.
(10)
Bond. Prior to the issuance of a permit, the owner of a non-tower
WCF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond, or other form
of security acceptable to the Township Solicitor, in an amount of
$25,000 to assure the faithful performance of the terms and conditions
of this section. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this section after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township and maintain the bond for the life of the respective
facility.
(11)
Design regulations.
(a)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(b)
Non-tower WCFs which are mounted to a building or similar structure
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the non-tower WCF applicant obtains a variance.
(c)
All non-tower WCF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(12)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(13)
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI/EIA/TIA-222, as amended).
(14)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(15)
Radio-frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio-frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(16)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(17)
Inspection by Township. The Township reserves the right to inspect
any WCF to ensure compliance with the provisions of this section and
any other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(18)
Maintenance. The following maintenance requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(19)
Upgrade, replacement, or modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading, replacing, modifying, or repairing
the WCF is permitted, so long as such upgrade, replacement, modification,
or repair does not increase the overall size of the WCF or the number
of antennas.
(b)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(20)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within three
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and/or associated facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
F.
Regulations applicable to all small wireless communications facilities.
The following regulations shall apply to small wireless communications
facilities:
(1)
Development regulations.
(a)
Small WCF are permitted by administrative approval from the
Township Zoning Officer in all Township zoning districts, subject
to the requirements of this section and generally applicable permitting
as required by the Township Code.
(b)
Small WCF located within districts that require utilities to
be located underground shall be co-located on existing or replacement
wireless support structures. No new wireless support structure may
be installed for the purpose of supporting a small WCF within districts
that require utilities to be located underground.
(c)
Small WCF in the public right-of-way requiring the installation
of a new wireless support structure shall not be located directly
in front of any building entrance or exit.
(2)
Procedures.
(a)
Any applicant proposing a small WCF shall submit an application
for review by the Township staff.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a small WCF and that the proposed small WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
(3)
Timing of approval.
(a)
Within 60 days of receipt of an application for co-location
of a small WCF on a preexisting wireless support structure, the Township
Zoning Officer shall make a final decision on whether to approve the
application and shall notify the WCF applicant, in writing, of such
decision.
(b)
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new wireless support structure, the
Township Zoning Officer shall make a final decision on whether to
approve the application and shall notify the WCF applicant, in writing,
of such decision.
(c)
Within 10 calendar days of the date that an application for
a small WCF is filed with the Township Zoning Officer, the Township
shall notify the WCF applicant, in writing, of any information that
may be required to complete such application.
(4)
Eligible facilities request.
(a)
Small WCF applicants proposing a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure shall be required only to obtain a zoning permit
for construction from Silver Spring Township.
(c)
The timing of approval for small WCF applicants proposing a
modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure shall be as follows:
[1]
Within 30 calendar days of the date that an application for
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure is filed with the
Township Zoning Officer, the Township shall notify the applicant,
in writing, of any information that may be required to complete such
application. In case of incompleteness of the application, the Township
shall promptly notify the applicant that the application is not complete
and the time for the approval of such application shall not commence
until a fully completed application is received by the Township.
[2]
Within 60 days of receipt of an application for a modification
to an existing small WCF that does not substantially change the dimensions
of the underlying structure, the Township Zoning Officer shall make
a final decision on whether to approve the application and shall notify
the WCF applicant, in writing, of such decision.
(5)
Nonconforming wireless support structures. Small WCF shall be permitted
to co-locate upon nonconforming tower-based WCF and other nonconforming
structures. Co-location of WCF upon existing tower-based WCF is encouraged
even if the tower-based WCF is nonconforming as to use within a zoning
district.
(6)
Application fees. The Township may assess appropriate and reasonable
application fees directly related to the Township's actual costs
in reviewing and processing the application for approval of a WCF,
as well as related inspection, monitoring, and related costs, subject
to the limitations in this section, in amounts specified by the Wireless
Fee Schedule.
(7)
Standard of care. Any small WCF shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, the Pennsylvania UCC, or to the industry
standard applicable to the structure. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(8)
Historic buildings. No small WCF may be located within 100 feet of
any property, or on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, located within an historic district, or is included
in the official historic structures list maintained by the Township.
(9)
Conservation District. No small WCF may be located on a building
or structure that is located in the Conservation District (C).
(10)
Wind and ice. All small WCF shall be designed to withstand the
effects of wind gusts and ice to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI/EIA/TIA-222, as amended), or to the industry standard
applicable to the structure.
(11)
Radio-frequency emissions. A small WCF shall not, by itself
or in conjunction with other WCFs, generate radio-frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(12)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all small WCF in the right-of-way based on public safety, traffic
management, physical burden on the right-of-way, and related considerations.
(13)
Accessory equipment. Small WCF and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
right-of-way as determined by the Township.
(14)
Graffiti. Any graffiti on the wireless support structure or
on any accessory equipment shall be removed at the sole expense of
the owner within 10 days of notification by the Township.
(15)
Design standards. All small WCF in the Township shall comply
with the requirements of the Township Small Wireless Communications
Facility Design Manual, a copy of which is on file with Silver Spring
Township.
(16)
Co-location. An application for a new small WCF in the right-of-way
shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a small WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(17)
Relocation or removal of facilities. Within 90 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small WCF in the right-of-way shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(18)
Reimbursement for right-of-way use. In addition to permit fees
as described in this section, every small WCF in the right-of-way
is subject to the Township's right to fix annually a fair and
reasonable fee to be paid for use and occupancy of the right-of-way.
Such compensation for right-of-way use shall be directly related to
the Township's actual right-of-way management costs, including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other right-of-way
management activities by the Township. The owner of each small WCF
shall pay an annual fee to the Township, in an amount specified by
the Wireless Fee Schedule, to compensate the Township for the Township's
costs incurred in connection with the activities described above.
Such fees shall comply with the applicable requirements of the Federal
Communications Commission.
G.
Violations applicable to all wireless facilities.
(1)
Penalties. Any person violating any provision of this section shall
be subject, upon finding by a Magisterial District Judge, to a penalty
not exceeding $500, for each and every offense, together with attorneys'
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this section and any other remedy at law or in equity, the Township
may apply to a Federal District Court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this section.
(2)
Determination of violation. In the event a determination is made
that a person has violated any provision of this section, such person
shall be provided written notice of the determination and the reasons
therefor. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the Township
may, in its reasonable judgment, extend the time period to cure, provided
the person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has not been cured within the time allowed,
the Township may take any and all actions authorized by this section
and/or federal and/or Pennsylvania law and regulations.
H.
Insurance and indemnification of wireless facilities.
(1)
Insurance. Each person that owns or operates a wireless facility
is required to purchase and maintain general liability insurance and
property damage insurance, as specified herein:
(a)
Each person that owns or operates a tower-based WCF shall provide
the Board with a certificate of insurance evidencing general liability
coverage in the minimum amount of $5,000,000 per occurrence and property
damage coverage in the minimum amount of $5,000,000 per occurrence
covering the tower-based WCF.
(b)
Each person that owns or operates a non-tower WCF shall annually
provide the Board with a certificate of insurance evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the non-tower WCF.
(c)
Each person that owns or operates a small WCF shall annually
provide the Board with a certificate of insurance evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the small WCF.
(2)
Indemnification. Each person that owns or operates a tower-based
WCF, a non-tower WCF, or a small WCF shall, at its sole cost and expense,
indemnify, defend and hold harmless the Township, its elected and
appointed officials, employees and agents, at all times against any
and all claims for personal injury, including death, and property
damage arising in whole or in part from, caused by or connected with
any act or omission of the person, its officers, agents, employees
or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of the WCF. Each person
that owns or operates a tower-based WCF, a non-tower WCF, or a small
WCF shall defend any actions or proceedings against the Township in
which it is claimed that personal injury, including death, or property
damage was caused by the construction, installation, operation, maintenance
or removal of the WCF. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to
pay judgments, injuries, liabilities, damages, reasonable attorneys'
fees, reasonable expert fees, court costs and all other costs of indemnification.
I.
Miscellaneous.
(1)
Police towers. The Township, by granting any permit or taking any
other action pursuant to this chapter, does not waive, reduce, lessen
or impair the lawful police powers vested in the Township under applicable
federal, state and local laws and regulations.
(2)
Severability. If any section, subsection, sentence, clause, phrase
or word of this section is for any reason held illegal or invalid
by any court of competent jurisdiction, such provision shall be deemed
a separate, distinct and independent provision, and such holding shall
not render the remainder of this section invalid.
(3)
Effective date. This section shall become effective five days after
enactment by the Silver Spring Township Board of Supervisors.
Within the INT Zone, convention centers are permitted by conditional
use, subject to the following:
A.
Convention centers may include any of the following uses, provided
such uses are primarily sized, located and designed as one integrated
development to serve those persons or groups of persons attending
the convention center and not the general public of the Township per
se:
(1)
Offices;
(2)
Hotels and motels;
(3)
Meeting rooms;
(4)
Banquet and social halls;
(5)
Restaurants (excluding fast-food restaurants);
(6)
Taverns and nightclubs;
(7)
Indoor theaters and arenas;
(8)
Sports stadiums;
(9)
Amusement, water or theme parks and arcades, if in compliance with
ASTM F770-88 Standard Practice for Operation Procedures for Amusement
Rides and Devices;
(10)
Retail shops and concessionaires;
(11)
Personal service shops (i.e., barbers, salons, dry cleaners,
tailors, shoe repair, but excluding adult-related uses);
(12)
Commercial day-care facilities; and
(13)
Information centers and booths.
B.
Minimum required lot area: 10 acres.
C.
All uses shall be served by both public sewer and public water utilities.
D.
The subject property shall front upon an arterial road.
E.
Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring. In addition, an unimproved grassed overflow parking area to be provided for peak use periods shall be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations. If at any time after the opening of the facility the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the lack of on-site parking, the Supervisors can require the applicant to revise and/or provide additional on-site parking space.
F.
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 (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads. If at any
time after opening 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 the means to relieve the undue congestion.
G.
Any outside pedestrian waiting lines shall be provided with a means
of shade.
H.
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.
I.
Those uses involving extensive outdoor activities and/or display
shall provide sufficient screening and/or landscaping measures to
mitigate any visual and/or audible impacts on adjoining properties
and roads. No outdoor storage is permitted.
K.
Any exterior public address system shall be designed and operated
so that the audible levels of any messages conveyed over the system
will not exceed the ambient noise levels of the use, as measured at
each of the property lines.
L.
The convention center is eligible to utilize signage applicable to planned centers, as listed in § 415-44 of this chapter.
M.
All uses within the convention center shall be linked with sidewalks
and/or pathways to facilitate safe and efficient pedestrian movements.
Within the R-3 Zone, conversion apartments shall be permitted
by special exception, subject to the following:
A.
Conversion apartments shall only be permitted within existing single-family
detached dwellings on the effective date of this chapter.
B.
All dwelling units within the conversion apartment building shall
contain at least 400 square feet of habitable floor area.
C.
The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized.
D.
Any extensions or modifications to the external appearance of the
building (except fire escapes) shall complement its residential character.
E.
All floors above or below grade shall have a direct means of escape
to ground level.
F.
Two off-street parking spaces per unit shall be provided.
G.
The applicant shall obtain any required land development approvals.
H.
The applicant shall demonstrate those measures employed to incorporate the design features listed in § 415-20I of this chapter. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design.
B.
Within the I-2 Zone, the sales, storage and/or wholesaling of home
and auto-related fuels; nursery and garden materials and stock; contractor
supplies; and plumbing, heating, air-conditioning, electrical, and
other structural components of buildings are conditional uses, subject
to the following criteria:
(1)
All exterior storage areas (exclusive of nursery and garden stock)
shall be screened from adjoining residentially zoned properties;
(2)
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining residentially zoned properties
due to hours of operation, noise, light, litter, dust and pollution;
and
(3)
Fuel storage tanks will be set back at least 250 feet from any residentially
zoned property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Within the A Zone, family day-care facilities are permitted
uses, and within the C, R, RE, R-1, R-2 and R-3 Zones, family day-care
facilities are permitted by special exception, subject to the following
criteria:
A.
All family day-care facilities shall be conducted within a detached
single-family dwelling;
B.
A family day-care facility shall offer care and supervision to no
more than six different persons during any calendar day;
C.
All family day-care facilities with enrollment of more than three
persons shall furnish a valid registration certificate for the proposed
use, issued by the Pennsylvania Department of Human Services;
D.
An outdoor play area no less than 260 square feet in area shall be
provided. Such play area shall not be located within the front yard
nor any vehicle parking lot. Outdoor play areas shall be set back
at least 25 feet and screened from any adjoining residentially zoned
property. A minimum four-foot-high fence shall completely enclose
the outdoor play area. Any vegetative materials located within the
outdoor area shall be of a nonharmful type (not poisonous, thorny,
allergenic, etc.). All outdoor play areas must include a means of
shade, such as a tree(s) or pavilion; and
E.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that passengers do not have to cross traffic lanes on
or adjacent to the site.
Within the A and R Zones, farm occupations may be permitted
by special exception if the proposed use is accessory to the principal
agricultural use of the property, and subject to the following standards:
A.
For the purposes of this section, farm occupations may involve any
one of a wide range of uses, so long as it remains secondary to and
compatible with the active farm use. Retail sales shall only be permitted
incidental to production of goods on the site;
B.
No more than the equivalent of two full-time nonresidents shall be
employed by the farm occupation, and at least one owner/operator of
the farm occupation must reside on the site;
C.
The use must be conducted within one completely enclosed building.
Where practicable, the farm occupation shall be conducted within an
existing farm building. However, any new building constructed for
use by the farm occupation shall be located behind the farm's principal
buildings or must be no less than 100 feet from any adjoining roads
or properties;
D.
Any new building constructed for use by the farm occupation shall
be of a design so that it can be readily converted to agricultural
use, or removed, if the farm occupation is discontinued;
E.
No part of a farm occupation shall be located within 100 feet of
any side or rear lot line nor 300 feet of any adjoining land within
a residential zone. Such distances shall be measured as a straight
line between the closest points of any physical improvement associated
with the farm occupation and the property/zoning line;
F.
The farm occupation shall occupy no more than 4,000 square feet of
gross floor area, nor more than one acre of lot area. However, any
access drive serving the farm occupation and the farm shall not be
calculated as land serving the farm occupation;
G.
No more than 50% of the land devoted to a farm occupation shall be
covered by buildings, structures, parking or loading areas, or any
other impervious surfaces;
H.
Any sign used for a farm occupation shall not exceed 10 square feet
in size; and
I.
For farm parcels of up to 50 acres in size, while the farm occupation
is in operation no nonfarm subdivision of the site shall be permitted.
Within the R, R-1 and INT Zones, golf courses are permitted
by conditional use, subject to the following:
A.
In no case shall the golf course design permit or encourage a golf
ball to be driven across any building, building lot, parking lot,
street, access drive, or driveway.
B.
Golf paths. Golf paths shall be graded so as to discharge stormwater
runoff. Surface conditions of paths shall be provided with a dust-free
surface.
(1)
The golf course design shall minimize golf path crossings of streets,
access drives and driveways. Easily identifiable golf paths must be
provided for crossings of streets, access drives or driveways. The
golf course design shall both discourage random crossing and require
use of the golf path crossings of streets, access drives and driveways.
Golf path crossings shall conform with the following:
(a)
Each crossing shall be perpendicular to the traffic movements;
(b)
Only one street, access drive or driveway may be crossed at
each location;
(c)
No crossing is permitted between a point 15 feet and 150 feet
from the cartway edge of a street, access drive or driveway intersection;
(d)
The crossing must be provided with a clear-sight triangle of
75 feet, measured along the street, access drive or driveway center
line and the golf path center line to a location on the center line
of the golf path five feet from the edge of the roadway. No permanent
obstruction over three feet high shall be placed within this area;
(e)
Sight distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by § 360-25 of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring;
(f)
The golf cart path shall not exceed a slope of 8% within 25
feet of the cartway crossing;
(g)
Golf path crossings shall be signed, warning motorists and pedestrians
and golfers. The surface of the golf path shall be brightly painted
with angle stripes; and
(h)
Golf path crossings of collector or arterial streets shall consist
of a tunnel that is located below street grade. The golf course design
shall both prohibit on-grade crossing of collector or arterial streets
and require the use of the tunnel. The construction of the collector
or arterial roadway crossing of the tunnel shall comply with PennDOT
standards.
C.
All golf course buildings shall be set back 75 feet from any adjoining
roads and 100 feet from adjoining residential structures or parcels.
D.
Golf courses may include the following accessory uses, provided such
uses are reasonably sized and located so as to provide incidental
service to the golf course employees and users:
(1)
Clubhouse, which may consist of:
(a)
Restaurant, snack bar, lounge and banquet facilities;
(b)
Locker and rest rooms;
(c)
Pro shop;
(d)
Administrative offices;
(e)
Golf cart and maintenance equipment storage and service facilities;
(g)
Fitness and health equipment, including workout machines, spas,
whirlpools, saunas and steamrooms;
(h)
Game rooms, including card tables, billiards, ping-pong, video
games, pinball machines, and other similar table games; and
(i)
Baby-sitting rooms and connected fence-enclosed playlots.
(2)
Accessory recreation amenities located outside of a building, including:
(a)
Driving range, provided that the applicant shall furnish expert
evidence that all lighting has been arranged to prevent glare on adjoining
properties and streets;
(b)
Practice putting greens;
(c)
Swimming pools;
(d)
Tennis, platform tennis, handball, racquetball, squash, volleyball,
and badminton courts;
(e)
Boccie ball, croquet, shuffleboard, quoits, horseshoe pits,
and washers courses;
(f)
Picnic pavilions, picnic tables, park benches, and barbecue
pits;
(g)
Hiking, biking, horseback riding, and cross-country ski trails;
and
(h)
Playground equipment and playlot games, including four-square,
dodgeball, tetherball, and hopscotch.
(3)
Freestanding maintenance equipment and supply buildings and storage
yards.
E.
All outdoor storage of maintenance equipment and/or golf carts shall
be set back at least 100 feet and screened from adjoining residential
structures and roads.
F.
All dumpsters and off-street parking and/or loading areas shall be
screened from adjoining or nearby residences. In addition, all off-street
loading and dumpsters shall be screened from adjoining roads.[1]
[1]
Editor's Note: Original subsection 418.8, pertaining to cluster developments, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I, of the Code). Cluster developments (original Section 327 of the ordinance) was repealed 9-24-2014 by Ord. No. 8-2014.
Within the INT Zone, health and fitness clubs are permitted
by conditional use, subject to the following:
A.
Off-street parking shall be provided as required by the combination
of elements comprising the health club, including accessory uses;
B.
All outdoor recreation facilities shall be set back at least 50 feet
from the street right-of-way line and 25 feet from all other lot lines
and 100 feet from any residentially zoned properties;
C.
Any accessory eating or retail use shall not be directly accessible
without passing through the main clubhouse building; and
D.
The applicant shall furnish expert evidence that all lighting of
outdoor recreation areas has been arranged to prevent glare on adjoining
properties and streets.
Within the INT Zone, hospitals and related uses are permitted
by conditional use, subject to the following criteria:
A.
Minimum lot area: five acres.
B.
The subject property shall have frontage along an arterial road.
C.
Adequate provision shall be made for a system of roads sufficient
to accommodate predictable vehicular traffic and to ensure safe and
efficient vehicular access for emergency management equipment.
D.
Emergency entrances shall be located on a building wall which faces
away from adjoining residentially zoned properties or is separated
by at least 300 feet from residentially zoned properties.
F.
Public sewer and public water utilities shall be utilized.
G.
Materials and waste handling. All health-care-related uses shall
be required to provide detailed information regarding materials and
waste handling, including:
(1)
Listing of all materials to be both used or produced on the site;
(2)
Listing of all wastes generated on the site; and
(3)
Evidence shall be provided indicating that the disposal of all materials
and wastes will be accomplished in a manner that complies with state
and federal regulations. Such evidence shall, at a minimum, include
copies of contracts with waste haulers licensed to operate within
the county, which have been contracted to dispose of the materials
and wastes used or generated on site, or some other legal means of
disposal. The zoning permit for this use shall remain valid only so
long as such contracts remain in effect and all materials and wastes
are properly disposed of on a regular basis. Should the nature of
the use change in the future, such that the materials used or wastes
generated change significantly either in type or amount, the owner
shall so inform the Zoning Officer and shall provide additional evidence
demonstrating continued compliance with the requirements of this section.
H.
Where more than one of the uses enumerated in Subsection I below are proposed either at one time or separately over time, integrated site function and design shall be required, consistent with the creation of a campus-like environment.
I.
Permitted uses:
(1)
Hospitals and hospices;
(2)
Intermediate care and skilled nursing facilities;
(3)
Medical and dental offices;
(4)
Outpatient health services, including, but not limited to, laboratories,
radiological and diagnostic imaging services, blood banks, outpatient
surgery centers, and outpatient clinics and patient care facilities;
(5)
Health and fitness clubs;
(6)
Commercial day-care facilities;
(7)
Commercial schools with exclusively health-care-related curricula
intended to prepare enrolled students for careers in health care,
nursing schools, and other allied health technology training programs;
(8)
Accessory buildings, uses and services customarily incidental to
the above uses, including but not limited to the following:
(a)
Administrative offices;
(b)
Public uses and essential services (e.g., private central utility
plant, electrical switching facility, steam generation facility, heating
facility, ventilation facility, and oxygen facility);
(c)
Automobile parking lots and parking garages;
(d)
Housing for students, employees and their families in accordance
with the standards of the R-2 Zone;
(e)
Lodging facilities for patients and their families;
(f)
Retail sales of medical/health-care-related supplies (e.g.,
durable medical equipment, prosthetics, pharmaceutical supplies) and
retail sales/service for the convenience of employees, patients and
visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty
salons, automatic teller banking, restaurants). All retail sales and
services shall be located within buildings in which other permitted
uses are located. Retail sales and services may not exceed 5% of the
floor area of existing buildings within this zone;
(g)
Short-term, intermittent educational programs which are not
intended to prepare students for careers in health care but, rather,
are intended to inform employees, patients, health-care providers
or the public regarding health-care issues;
J.
Specific requirements for selected accessory uses:
(1)
Helistops. The helistop shall only be used for the emergency transport
by helicopter of patients to or from other permitted health-care-related
uses. The helistop shall not include auxiliary facilities, such as
fueling and maintenance equipment. The helistop shall be set back
a minimum of 300 feet from any adjoining property and any street.
The applicant must demonstrate compliance, through a written statement,
and continue to comply with applicable state and federal standards.
(2)
Incinerators and autoclaves. Only the processing of waste generated
on site is permitted. All processing and storage of waste shall be
conducted within a completely enclosed building. All storage of waste
shall be in a manner that is leak- and vector-proof. No storage of
waste shall exceed seven days in length. The incinerator shall be
set back at least a distance equal to its height from all lot lines.
The applicant must demonstrate compliance, through a written statement,
and continue to comply with all applicable state and federal standards
and regulations.
K.
Maximum permitted height: 90 feet for hospitals, provided that all
structures are set back a horizontal distance equal to their height
from each property line and street right-of-way line; 60 feet for
all other uses.
L.
The applicant shall furnish a description of the effect of the proposed
use on the delivery of ambulance service. This description shall include
a letter from the agency responsible for ambulance service in the
site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use
and any suggestions that might enhance ambulance service. Should it
be determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
Within the R-3 Zone, the conversion of historic structures is
permitted by special exception, subject to the following criteria:
A.
Such conversions shall only be permitted within historic structures,
as defined herein.
B.
The applicant shall furnish expert evidence that any alterations,
improvements, extensions, additions or other modifications proposed
to the historic structure will be accomplished in a manner that does
not jeopardize the "historic" status of the structure.
C.
The applicant shall furnish evidence of an approved means of water
supply and sewage disposal.
D.
The applicant shall obtain any necessary land development approvals.
E.
All off-street parking and/or loading areas shall be screened from
adjoining residences and roads.
F.
One sign shall be permitted which is no larger than 12 square feet
and is located at least 10 feet from all lot lines.
G.
Historic restaurant conversions. Historic restaurant conversions
shall not involve drive-through nor fast-food restaurant operations,
as defined herein.
(1)
All restaurant seating shall be provided within the completely enclosed
building, except that limited exterior seating may be provided if:
(a)
Such seating is situated and designed so as not to adversely
impact nearby residences;
(b)
Such seating is accessory to the principal interior seating
accommodations;
(c)
During use, such seating is continuously supervised by an employee
or owner of the restaurant;
(d)
Any lighting or music systems serving such seating is designed
and operated so as not to constitute a nuisance to adjoining properties;
(e)
The applicant shall furnish and implement a working plan for
the continuous cleanup of litter and debris that may result from such
outdoor seating; and
(f)
Such seating is removed during seasons when not in use.
H.
Historic conversion apartment. All dwelling units within the historic
conversion apartment building shall contain at least 400 square feet
of habitable floor area.
(1)
Any extensions or modifications to the external appearance of the
building (except fire escapes) shall complement its residential character;
(2)
All floors above or below grade shall have a permanently affixed
direct means of escape to ground level;
(3)
Three off-street parking spaces per unit shall be provided.
I.
Historic office conversions are permitted.
J.
All historic conversions shall demonstrate those measures employed to incorporate the design features listed in § 415-20I of this chapter. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design.
K.
A historic structure conversion that complies with this section may
also be converted to a personal service use, a child or adult day-care
center, a funeral home or a retail store as a special exception use.
L.
As a special exception use, the Zoning Hearing Board may also approve
the construction of a new building to house a use listed as allowed
by this section if the Board determines that the new construction
did not result from the demolition of a significant historic building
and the new construction would have an exterior architectural design
that would be completely consistent with the historic architectural
character of the district, and provided that no vehicle parking spaces
shall be allowed between the principal building and the front lot
line.
M.
To be eligible for these uses within an existing building, the applicant
shall prove the following to the satisfaction of the Zoning Hearing
Board: that a registered architect with substantial experience in
the rehabilitation of historic buildings provides a written certification
that the exterior of the building as visible from public streets will
be historically rehabilitated, in full consideration of the Secretary
of the Interior's Standards for Historic Rehabilitation and accompanying
guidelines published by the National Park Service. A rendering, elevation
or similar graphic shall be presented to the Board to show the appearance
of the building as viewed from a public street after the use is occupied.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Within the C, A, R, RE, R-1, R-2 and R-3 Zones, home occupations
are permitted by special exception, 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 dwelling may be engaged in the home occupation
use;
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.
No mechanical equipment shall be employed in a home occupation, other
than that customarily utilized for hobby or domestic purposes;
F.
No sales of any goods or merchandise shall occur on the premises,
other than those goods or merchandise which are produced on the premises;
G.
No manufacturing shall occur on the premises other than the products
of customary hobbies and fabrication of garments by a seamstress;
H.
No goods shall be displayed so as to be visible from the exterior
of the premises;
I.
Home occupations shall be limited to not more than 25% of the floor
area of the dwelling unit or 500 square feet, whichever is less;
J.
No accessory building or structure shall be utilized for any aspect
of a home occupation;
K.
In addition to the required parking spaces for the dwelling unit,
one parking space per potential patron on site at one time shall be
provided;
L.
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; and
M.
The applicant shall submit evidence of all applicable state approvals.
Within the O and INT Zones, hotels and related facilities are
permitted by conditional use, subject to the following criteria:
A.
Minimum lot area: five acres.
B.
Both public sewer and public water shall be utilized.
C.
The following accessory uses may be approved as part of the conditional
use application:
D.
The above accessory uses (aside from outdoor recreational uses) shall
be physically attached to the main hotel building, except that one
freestanding restaurant, tavern or nightclub shall be permitted on
the same lot as a principal hotel, subject to the following:
(1)
The proposed restaurant, tavern or nightclub shall offer the preparation
and serving of food and drink to be consumed on the premises; no drive-through
or takeout services shall be permitted;
(2)
No additional freestanding signs (other than those permitted for
the principal hotel use) shall be permitted;
(3)
If a nightclub is proposed, the applicant shall furnish evidence
as to what means assure that the proposed nightclub will not constitute
a nuisance to adjoining uses (including the hotel) by way of noise,
litter, loitering and hours of operation;
(4)
Sufficient off-street parking spaces have been provided and located
to conveniently serve the freestanding restaurant, tavern and/or nightclub
without interfering with required off-street parking associated with
the hotel use; and
(5)
No part of any nightclub shall be located within 600 feet of any
residentially zoned land.
Within the I-2 Zone, junkyards are permitted by conditional
use, subject to the following criteria:
A.
Minimum lot area: 10 acres.
B.
The outdoor area devoted to the storage of junk shall be completely
enclosed by an eight-foot-high sight-tight fence, which shall be set
back at least 50 feet from all property lines and 100 feet from residentially
zoned properties.
C.
The setback area between the fence and the lot lines shall be kept
free of weeds and all scrub growth.
D.
All completely enclosed buildings used to store junk shall be set
back at least 50 feet from all property lines.
E.
No material may be stored or stacked so that it is visible from adjoining
properties and roads.
F.
All additional federal and state laws shall be satisfied.
G.
All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water, and with no junk
piled to a height greater than eight feet.
H.
No material shall be burned at any time.
I.
Any junkyard shall be maintained in such a manner as to cause no
public or private nuisance, nor to cause any offensive or noxious
sounds or odors, nor to cause the breeding or harboring of rats, flies
or other vectors.
J.
No junkyard shall be located on land with a slope in excess of 5%.
Within the R-2 Zone, medical residential campuses are permitted
by conditional use, subject to the following criteria:
A.
The campus shall primarily serve the needs of retirement-aged persons.
At least one resident of each household shall be at least 50 years
old or possess some handicap that can be treated within a setting
like the medical residential campus.
B.
The campus shall achieve a balanced residential/medical environment,
which cannot be achieved through the use of conventional zoning techniques.
C.
Residences shall be functionally, physically and architecturally
integrated with medical service and recreational activity centers.
D.
Commercial, medical and recreational uses shall be grouped together
and located near the populations being served.
E.
The minimum land area devoted to the campus shall be 10 contiguous
acres.
F.
The site shall front on and have access to a collector or arterial
road.
G.
All buildings or structures containing nonresidential use(s), off-street
parking lots and loading areas shall be set back at least 75 feet
from all adjoining residentially zoned land and 50 feet from all lot
lines of the campus property.
H.
The maximum permitted overall density is 10 dwelling units per acre.
For purposes of this section, each 1.5 care beds associated with a
medical use shall constitute one dwelling unit. No more than 50% of
the total number of permitted dwelling units shall consist of care
beds.
I.
All buildings or structures used solely for residential purposes
shall be set back at least 50 feet from all lot lines of the campus
property.
J.
The maximum permitted height is 60 feet, provided that an additional
two feet of required building setback shall be provided for that portion
of building height exceeding 35 feet. Furthermore, any building exceeding
35 feet in height shall require the applicant to obtain a letter from
the Township Emergency Management Coordinator, indicating that adequate
provision has been made for firefighting and rescue activities.
K.
No more than 60% of the subject property shall be covered with buildings,
parking and loading areas and/or other impervious surfaces;
L.
Each off-street parking lot shall provide at least 20% of the total
parking spaces as those designed for the physically handicapped. Furthermore,
such parking spaces shall be located throughout the campus in such
a manner to be conveniently accessible to the buildings/uses for which
they are required;
M.
Only those uses which provide a harmonious, balanced mix of medical,
residential, limited commercial and recreational uses, primarily serving
campus residents, and public, quasi-public and medical services for
the off-campus retirement-aged community will be permitted. Uses may
include, but need not be limited to, the following:
(1)
Dwellings, nursing homes, and congregate living facilities for the
elderly or physically handicapped;
(2)
Medical facilities, including offices, laboratories, clinics, professional
or paramedical training centers, and ambulatory care facilities;
(3)
Commercial uses which are strictly related and subordinate to the
residential/medical character of the campus and which directly serve
the residents and employees of, or visitors to, the center. The uses
should be chosen to reflect their local orientation to the immediate
campus vicinity and should be of a size and scope so as not to interfere
with existing or proposed retail uses located in the off-campus area;
and
(4)
Recreational and social uses, such as athletic facilities, community
centers, and assembly halls, limited to use only by campus residents,
employees or their guests.
N.
The applicant shall furnish a description of the effect of the proposed
use on the delivery of ambulance service. This description shall include
a letter from the agency responsible for ambulance service in the
site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use
and any suggestions that might enhance ambulance service. Should it
be determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
Within the C-2 and C-3 Zones, nightclubs are permitted by conditional
use, subject to the following criteria:
A.
No part of the subject property shall be located within 600 feet
of any residentially zoned land;
B.
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, light and/or litter;
C.
The applicant shall furnish expert evidence as to how the use will
be controlled so as to not constitute a nuisance due to noise or loitering
outside the building; and
D.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
E.
Within the C-2 zone, nightclubs must be accessory to some other permitted
principal use, including, but not limited to, restaurants, taverns,
and hotels. In addition, no area used for nightclub purposes shall
have direct exterior access.
[Amended 5-10-2017 by Ord. No. 3-2017; 4-24-2019 by Ord. No. 4-2019]
Within the RE Zone, noncommercial keeping of livestock is permitted by special exception subject to the criteria stated in § 415-66A.
Within the R-2 Zone, nursing, rest or retirement homes are permitted
by conditional use, subject to the following criteria:
A.
The site shall contain at least two acres;
B.
All parking areas shall be set back a minimum of 25 feet from all
property lines and shall be screened from adjoining lots and streets;
C.
A nursing, rest or retirement home may erect one sign no larger than
12 square feet in size, which must be set back 10 feet from all lot
lines;
D.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be utilized;
E.
At least 10% of required parking spaces shall be designed for handicapped
persons; and
F.
No more than 27 care beds per acre shall be permitted.
Within the R-3 Zone, off-street off-site parking lots are permitted
by special exception, subject to the following criteria:
A.
The off-site parking lot shall be within 200 feet walking distance
of the lot on which the principal use is located;
B.
A safe pedestrian accessway shall be provided between the off-site
parking lot and the principal use;
C.
No more than 75% of the total number of required parking spaces shall
be provided off site;
D.
When possible, the off-site parking lot shall be designated for employee
use;
E.
The parking lot shall conform with all other off-street parking design requirements of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring;;
F.
Off-street off-site parking lots shall only be permitted where it
can be demonstrated that insufficient areas exist upon the site for
required parking and that such insufficiency is not the result of
building expansion which occurred after the effective date of this
chapter; and
G.
All applicants shall demonstrate those measures employed to incorporate the design features listed in § 415-20I of this chapter. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design.
Within the I-2 Zone, principal waste-handling facilities are
permitted by conditional use, subject to the following criteria:
A.
All principal waste-handling facilities for municipal and residual
wastes, as defined by the PADEP, shall be operated and/or designated
to be operated by the Solid Waste Authority of Cumberland County.
B.
Any processing and/or treatment of waste (including but not limited
to incineration, composting, steaming, shredding, compaction, material
separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted
within a wholly-enclosed building.
C.
No waste shall be deposited, stored or disposed of, and no building
or structure shall be located, within 200 feet of any property line
and 500 feet of any land within a residential zone.
D.
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 openings greater than two inches in any direction.
E.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
F.
The use shall be screened from all adjoining properties.
G.
All uses shall provide sufficiently-long stacking lanes into the
facility, so that vehicles waiting to be weighed and/or unloaded will
not back up onto public roads.
H.
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.
I.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against the 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.
J.
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.
K.
The unloading, processing, treatment, transfer and disposal of waste
shall be continuously supervised by a qualified facility operator.
L.
Any waste that is to be recycled shall be stored in leak- and vector-proof
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.
M.
All storage of waste shall be indoors in a manner that is leak- and
vector-proof. 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.
N.
A contingency plan for the disposal of waste during a facility shutdown
shall be submitted to the Township.
O.
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 shall
be required and appropriate permits shall be obtained from the applicable
agencies and authorities. In no event shall leachate be disposed of
in a storm sewer, to the ground, or in any other manner inconsistent
with the Department of Environmental Protection's regulations.
P.
All structures shall be set back at least a distance equal to their
height.
Q.
Water supply.
(1)
The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources, indicating
quantity of water required. If the source is from a municipal system,
the applicant shall submit documentation that the public authority
will supply the water needed.
(2)
In addition, if the facility is to rely upon nonpublic sources
of water, a water feasibility study will be provided to enable the
municipality to evaluate the impact of the proposed development on
the groundwater supply and on existing wells. The purpose of the study
will be to determine if there is an adequate supply of water for the
proposed development and to estimate the impact of the new development
on existing wells in the vicinity. The water feasibility shall be
reviewed by the Municipal Engineer.
(3)
A water system which does not provide an adequate supply of
water for the proposed development, considering both quantity and
quality, or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the municipality.
(4)
A water feasibility study shall include the following information:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area with a radius of at least one mile
from the site;
(c)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells;
(d)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site;
(e)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution;
(f)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined;
(g)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams
and the groundwater table; and
(h)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
S.
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.
T.
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 to and from the site and potential hazards regarding firefighting
of waste materials upon the site.
U.
No principal waste-handling facility shall be located within one
mile of another, as measured in a straight line between closest property
lines.
Within the C and R Zones, private clubhouses are permitted by
special exception, subject to the following standards:
A.
All private clubs shall front, and have access to, an arterial or
collector road;
B.
All off-street parking shall be provided between the front face of
the building and a point 25 feet from the right-of-way line of adjoining
road(s). Parking compounds will also be set back 30 feet from any
adjoining residential lot lines;
C.
All outdoor recreation/activity areas shall be set back at least
50 feet from any property line;
D.
Screening shall be provided along any adjoining residentially zoned
property; and
E.
The applicant must furnish evidence as to how the use will be controlled
so as not to constitute a nuisance due to noise or loitering outside
the clubhouse.
[Amended 5-23-2018 by Ord. No. 3-2018]
Within the R and R-1 Zones, public and private schools (excluding
vocational and mechanical trade schools), and within the R-2 Zone,
only private schools (excluding vocational and mechanical trade schools),
are permitted by special exception, subject to the following criteria:
A.
All height, area, setback and coverage standards within the underlying
zone shall apply;
B.
All off-street parking lots shall be set back 25 feet and screened
from adjoining property lines;
C.
All buildings shall be set back at least 100 feet from any adjoining
land within a residential zone;
D.
If education is offered below the college level, an outdoor play
area shall be provided at a rate of 65 square feet per individual
enrolled. Off-street parking lots shall not be used as outdoor play
areas. Outdoor play areas shall not be located within the front yard
and must be set back 25 feet from all property lines. Outdoor play
areas shall be completely enclosed by a minimum four-foot-high fence
and screened from adjoining residentially zoned properties. Any vegetative
materials located within the outdoor play area shall be of a nonharmful
type (not poisonous, thorny, allergenic, etc.). All outdoor play areas
must provide a means of shade such as shade tree(s) or pavilion(s).
Enrollment shall be defined as the largest number of students on the
site at any one time during a seven-day period; and
E.
Passenger dropoff and pickup areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site.[1]
[1]
Editor's Note: Original subsection 432.7, regarding schools
within the A Zone, which immediately followed this subsection, was
repealed 5-23-2018 by Ord. No. 3-2018.
Within the Q Zone, quarry-related manufacturing, mixing and
processing for sale of asphaltic or bituminous products is permitted
by conditional use, subject to the following criteria:
A.
In addition to those requirements listed in § 415-27, the applicant shall submit a scaled site plan which depicts the location and identification of uses of all buildings within a circular area having a radius of 1,500 feet from the proposed site of the use being sought; and
B.
After reviewing the required submission under § 415-27N, Required operational statement, should the Board of Supervisors, after a period of operation for one year, determine that the conditional use is detrimental to the health, safety and general welfare of the Township, the Board shall give the operator of the use written notification of the specific detrimental effects, and the operator must correct the specified detrimental effects within 90 days from such date of notice. Failure to correct the detrimental effects within 90 days will result in a notice of termination being sent to the operator by said Board. The operator must cease said use within one year after receipt of said termination.[1]
[1]
Editor's Note: Original Section 434, Rural clusters, as amended,
which immediately followed this subsection, was repealed 9-24-2014
by Ord. No. 8-2014.
Within the C Zone, shooting ranges are permitted by conditional
use, subject to the following criteria:
A.
Shooting range operations:
(1)
May not substantially injure or detract from the lawful existing
or permitted use of neighboring properties;
(2)
May not substantially damage the health, safety or welfare of
the Township or its residents and property owners;
(3)
Must comply with all applicable state and local laws, rules
and regulations regarding the discharge of a firearm;
(4)
Shall limit the storage of ammunition to only that utilized
for each day's activity, and in no event shall ammunition remain on
the property for greater than 24 hours. The storage of live ammunition
may only occur indoors in an area secured from general access;
(5)
Shall limit the number of shooters to the number of firing points
or stations identified on the development plan;
(6)
Shall require all shooters to satisfactorily complete an orientation
safety program given in accordance with the National Rifle Association
before they are allowed to discharge firearms;
(7)
Shall limit the consumption of alcoholic beverages to days when
no shooting activities are permitted or when the shooting activities
are completed for that day. Furthermore, alcoholic beverages may only
be consumed in designated areas away from the firing points or stations;
and
(8)
Shall limit firing to the hours between one hour after dawn
and one hour preceding dusk.
B.
A development plan shall identify the safety fan for each firing
range. The safety fan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The safety fan
configuration shall be based upon qualified expert testimony regarding
the trajectory of the bullet and the design effectiveness of berms,
overhead baffles, or other safety barriers to contain projectiles
to the safety fan.
C.
The firing range, including the entire safety fan, shall be enclosed
with a six-foot-high nonclimbable fence to prevent unauthorized entry
into the area. Range caution signs with eight-inch-tall red letters
on a white background shall be posted at a maximum of one-hundred-foot
intervals around the range perimeter. Signs shall read "SHOOTING RANGE
AREA. KEEP OUT!".
D.
Range flags shall be displayed during all shooting activities. Range
flags shall be located in a manner visible from entrance drives, target
areas, range floor, and the perimeter of the safety fan.
E.
All surfaces located within the safety fan, including the backstop,
overhead baffles, berms and range floor, shall be free of hardened
surfaces, such as rocks or other ricochet-producing materials.
F.
All shooting range facilities, including buildings, parking, firing
range, and safety fan, shall be set back a minimum of 100 feet from
the property line and street right-of-way.
G.
Sound abatement shields or barriers shall be installed on shooting
ranges located within 1/4 mile of a residential zone, unless significant
natural barriers exist. The applicant shall present credible evidence
that the sounds of shooting in the residential zone does not exceed
the ambient noise level.
H.
Off-street parking facilities shall be provided with a ratio of 1 1/2
spaces per firing station but not less than one space for each four
seats.
I.
No part of a shooting range property shall be located within 1/4
mile of any land within a residential zone.
Within the C-2 and C-3 Zones, shopping centers or malls may
be permitted by conditional use, subject to the following:
A.
The subject property shall front on an arterial or collector road,
and all access drives shall be set back at least 200 feet from the
intersection of any street right-of-way lines;
B.
Minimum lot size: two acres;
C.
Minimum lot width: 200 feet;
D.
A minimum of 5.5 off-street parking spaces shall be provided for
each 1,000 square feet of gross leasable floor area;
E.
Both public sewer and public water shall be utilized;
F.
Maximum lot coverage: 70%;
H.
The shopping center shall be permitted to use planned center signs as regulated in § 415-44 of this chapter; and
I.
Solid fencing or earthen berm at a height of six feet shall be installed
along all areas of the shopping center bordering residentially used
or zoned property by whoever is the latter to develop the parcel.
Within the I-2 Zone, truck or motor freight terminals are permitted
by conditional use, subject to the following criteria:
Within the I-2 Zone, truck stops are permitted by conditional
use, subject to the following criteria:
A.
The subject property shall have a minimum of 300 feet of road frontage
along an arterial road;
B.
The subject property shall be located no closer than 500 feet from
any residential zone and/or property containing a school, day-care
facility, park, playground, library, hospital, nursing, rest or retirement
home, or medical residential campus;
C.
All structures (including, but not limited to, air compressors, fuel
pump islands, kiosks) shall be set back at least 50 feet from any
street right-of-way line;
D.
Access driveways shall be a minimum of 28 feet and a maximum of 35
feet wide. All access drives onto the same road shall be set back
at least 150 feet from one another, as measured from closest points
of cartway edges;
E.
Off-street parking shall be provided at a rate equal to that required
for each of the respective uses comprising the truck stop. The applicant
shall also present credible evidence that the number of "oversized"
off-street parking spaces provided for trucks will be adequate to
accommodate the expected demand generated by truck patrons. Any gates
or other barriers used at the entrance to parking areas shall be set
back and arranged to prevent vehicle backups onto adjoining roads
during peak arrival periods;
F.
Trash receptacles, which shall be routinely emptied, shall be provided
amid off-street parking areas. Furthermore, a working plan for the
regular cleanup of litter shall be furnished and continuously implemented
by the applicant;
G.
All uses involving drive-through restaurant and/or drive-through
vehicle service and/or washing shall provide sufficient on-site stacking
lanes to prevent vehicle backups on adjoining roads;
H.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. No outdoor storage of parts, equipment,
lubricants, fuels or other materials used or discarded in any service
or repair operations shall be permitted;
I.
The outdoor storage of unlicensed vehicles is prohibited;
J.
All vehicles and machinery shall be repaired and removed from the
premises promptly;
K.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles and/or parts thereof shall be removed within two
weeks after arrival;
L.
Any exterior public address system shall be designed and operated
so that the audible levels of any messages conveyed over the system
will not exceed the ambient noise levels of the use, as measured at
each of the property lines;
N.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations.
Within the I-2 Zone, slaughtering, processing, rendering and
packaging of food products and their by-products are permitted by
conditional use, subject to the following criteria:
A.
Minimum lot area: five acres.
B.
The subject site shall have access to a major collector or arterial
road.
C.
Public sewer and public water facilities shall be utilized.
D.
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.
E.
All live animals held outside shall be within secure holding pens
or runways, sufficiently large to accommodate all animals without
crowding and not located within the front yard.
F.
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.
G.
All animal wastes shall be regularly cleaned up and properly disposed
of, so as not to be objectionable at the site's property line.
H.
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 also be to immediately identify
and appropriately dispatch any obviously ill or injured animals.
I.
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.
J.
The loading and unloading of trucks shall be restricted to the hours
between 6:00 a.m. and 10:00 p.m.
K.
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 a residential zone.
L.
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.
M.
Sewer lines and waterlines shall not meet within or beneath the plant
and shall further be designed and installed to minimize the potential
for leakage and contamination by maximizing the separation distance
between lines and laying sewer lines at greater depth than waterlines.
N.
Where wastewater pretreatment is required by the EPA or local authority,
wastewater shall be kept completely covered at all times to reduce
the potential for release of odors. In no event shall wastewater be
disposed of in a storm sewer, to the ground, or in any other manner
inconsistent with PADEP regulations.
O.
All unusable animal by-products shall be stored indoors in leak-
and vector-proof containers. In the case of slaughtering or processing
operations which 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.
P.
The applicant must demonstrate written compliance with, and continue
to comply with, all applicable local, state and federal standards
and regulations.
Q.
The use shall provide sufficiently long stacking lanes and on-site
loading/unloading areas, 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;
R.
Access.
(1)
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;
(2)
All access drives shall be designed and located so as to permit
the following minimum sight distances, measured from a point at least
10 feet behind the curbline or edge of cartway of an intersecting
public street. No sight obstructions shall be permitted which are
greater than three feet or less than 10 feet above the street surface.
|
Speed Limitation on Public Street
(mph)
|
Required Sight Distance
(feet)
|
|---|---|
|
25
|
240
|
|
30
|
275
|
|
35
|
315
|
|
40
|
350
|
|
45
|
425
|
|
50
|
475
|
|
55
|
550
|
S.
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; and
[Amended 5-25-2016 by Ord. No. 3-2016; 9-28-2016 by Ord. No. 6-2016]
A.
Within the Highway Commercial Zone (C-3), Light Industrial Zone (I-1)
and General Industrial Zone (I-2), automobile sales and automotive
service and repair facilities are permitted by conditional use, subject
to the following:
(1)
For properties located in the Light Industrial Zone (I-1) and
General Industrial Zone (I-2), the subject property shall have a minimum
of 150 feet of road frontage along U.S. Route 11. [This requirement
does not apply to properties located in the Highway Commercial Zone
(C-3)];
(2)
All structures shall be set back at least 50 feet from the street
right-of-way line of U.S. Route 11;
(3)
All service and/or repair activities shall be conducted within
a completely enclosed building;
(4)
Lubricants, fuel or other petroleum products used as part of
the service or repair operation shall be properly stored and/or discarded;
(5)
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining residentially
zoned property; and
(6)
The demolition or junking of vehicles is prohibited.
B.
Automobile sales storage facilities shall be permitted as a principal
use associated with off-site automobile sales in the Highway Commercial
Zone (C-3), Light Industrial Zone (I-1) and General Industrial Zone
(I-2) by conditional use and subject to the following criteria:
(1)
The automobile sales storage facility shall have a maximum size
of five acres;
(2)
The automobile sales storage facility shall be located within
a radius of 1,320 feet of the automobile sales principal use, the
automobile sales lot, with which it is associated;
(3)
The total number of parking spaces shall not exceed 100 parking
spaces per acre;
(4)
The minimum size for a parking space in an automobile sales
storage facility shall be 18 feet in length and nine feet in width;
(5)
Interior landscaping and interior driveways and aisles are not
required;
(7)
It shall be prohibited to occupy any lot that abuts or has access
to arterial roads;
(8)
Only one automobile sales storage facility per automobile sales
lot is permitted;
(9)
Automobile sales storage facility shall not be contiguous with
another automobile sales storage facility and must contain a minimum
of a one-hundred-foot separation between lots;
(10)
Sidewalks shall be required along the front of the automobile sales storage facility, or the Board may accept a fee in lieu of in accordance with § 360-27A(12) and (13) of Chapter 360, Subdivision and Land Development;
(11)
Minimum setback distance for all parking setbacks shall be 30
feet; and
(12)
The use of the automobile sales storage facility shall discontinue
if the associated off-site automobile sales is discontinued.
C.
Lubricants, fuel or other petroleum products used as part of the
service or repair operation shall be properly stored and/or discarded;
D.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining residentially
zoned property; and
E.
The demolition or junking of vehicles is prohibited.
Within the I-2 Zone, heavy industrial uses are permitted by
conditional use, subject to the following criteria:
A.
The applicant shall provide a detailed written description of the
proposed use in each of the following topics:
(1)
The nature of the on-site processing operations, the materials
used in the process, the products produced, and the generation and
methods for disposal of any wastes and/or by-products. In addition,
the applicant shall furnish evidence that the storage and 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 step of the industrial
process, 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 expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of § 415-46 of this chapter; and
Within the I-2 Zone, heavy equipment sales, service and/or repair
service facilities are permitted by conditional use, subject to the
following criteria:
A.
All service and/or repair activities shall be conducted within a
completely enclosed building;
B.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads;
C.
All exterior storage and/or display areas shall be screened from
adjoining residentially zoned properties. All exterior storage/display
areas shall be set back at least 50 feet from adjoining street lines
and shall be covered in an all-weather, dust-free surface;
D.
The storage of junked vehicles, boats, machinery, trucks, trailers,
mobile homes and heavy equipment vehicles on the property is prohibited;
E.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining residentially
zoned property; and
F.
All vehicles shall be repaired and removed promptly from the premises.
Within the I-1 and I-2 Zones, recycling facilities for paper,
plastic, glass and metal products are permitted by conditional use,
subject to the following criteria:
A.
All operations, including collection, shall be conducted within a
completely enclosed building;
B.
There shall be no outdoor storage of materials processed, used or
generated by the operation;
C.
The applicant shall explain the scope of operation and offer expert
testimony regarding the measures used to mitigate problems associated
with noise, fumes, dust and litter; and
D.
The applicant will be required to assure regular maintenance of the
site to immediately collect stray debris.
Within the I-2 Zone, off-track betting parlors are permitted
by conditional use, subject to the following criteria:
A.
An off-track betting parlor shall not be permitted to be located
within 1,000 feet of any other off-track betting parlor;
B.
No off-track betting parlor shall be located within 1,000 feet of
any residentially zoned land;
C.
No off-track betting parlor shall be located within 1,000 feet of
any parcel of land which contains any one or more of the following
specified land uses:
D.
The distance between any two off-track betting parlors shall be measured
in a straight line, without regard to intervening structures, from
the closest point on the exterior parcel line of each establishment.
The distance between any off-track betting parlor and any land use
specified above shall be measured in a straight line, without regard
to intervening structures, from the closest point on the exterior
property line of the off-track betting parlor to the closest point
on the property line of said land use;
E.
No more than one off-track betting parlor may be located within one
building or shopping center;
F.
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, light and/or litter;
G.
The applicant shall furnish expert evidence as to how the use will
be controlled so as to not constitute a nuisance due to noise or loitering
outside the building;
H.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant;
I.
Off-street parking shall be provided at the rate of one space per
each 65 square feet of gross floor area, including related dining,
restaurant and snack bar areas; and
J.
All off-track betting parlors shall comply with the Pennsylvania
Horse and/or Harness Racing Commission's Rules and Regulations pertaining
to nonprimary locations, as defined therein.
Within the C-3 Zone, bus, boat, farm and excavation machinery,
mobile home, and trailer sales are permitted by conditional use, subject
to the following:
A.
The subject property shall have a minimum of 150 feet of road frontage
along U.S. Route 11;
B.
All structures shall be set back at least 50 feet from the street
right-of-way line of U.S. Route 11;
C.
All service and/or repair activities shall be conducted within a
completely enclosed building;
D.
Lubricants, fuel or other petroleum products used as part of the
service or repair operation shall be properly stored and/or discarded;
E.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining residentially
zoned property; and
F.
The demolition or junking of vehicles is prohibited.
Within the C-3 Zone, bus, Class I recreation vehicle, boat,
motorcycle and snowmobile service and repair facilities are conditional
uses, subject to the following criteria:
A.
All service and/or repair activities shall be conducted within a
completely enclosed building;
B.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads;
C.
No outdoor storage of parts, equipment, lubricants, fuel or other
materials used or discarded as part of the service or repair operation
shall be permitted;
D.
All exterior storage areas shall be subject to lot coverage requirements
and screened from adjoining residentially zoned properties and roads;
E.
The storage of unlicensed vehicles is prohibited;
F.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directly toward any adjoining residentially
zoned property;
G.
All vehicles and machinery shall be repaired and removed from the
premises promptly;
H.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles or parts thereof shall be removed from the site
within two weeks of arrival; and
I.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
Within the A, R, RE and R-1 Zones, amateur radio antennas are
permitted by special exception, subject to the following criteria:
Within the Interchange Zone, banks and similar financial institutions
are permitted by conditional use, subject to the following criteria:
A.
Such uses may include bank offices and services, including drive-through
facilities and automatic teller machines, provided that any such facilities
shall be lighted during operational hours.
B.
Any drive-through lanes shall be separated from parking spaces for
non-drive-through customers and from pedestrian walkways.
C.
In addition to the vehicular access to the property, the applicant
shall provide pedestrian linkages with abutting properties so as to
provide safe and convenient pedestrian and vehicular access to the
property.
D.
The exterior of each bank or financial institution shall be constructed
of brick, stone, masonry, or similar product as approved by the Board
of Supervisors.
[Amended 6-27-2012 by Ord. No. 6-2012]
The following additional conditional use standards shall apply
to a single-family detached dwelling subdivision when conditional
use approval is required under the applicable zoning district regulations:
A.
Compliance with this chapter. The applicant shall establish by credible
evidence that the application complies with all applicable requirements
of this chapter to include design requirements of the corresponding
zoning district. The applicant shall provide the Board of Supervisors
with sufficient plans, studies or other data to demonstrate compliance.
B.
Compliance with other laws. The approval may be conditioned upon
the applicant later showing proof of compliance with other specific
applicable Township, state and federal laws, regulations and permits.
Required permits or other proof of compliance may be required to be
presented to the Township prior to the issuance of any zoning permit,
building permit, certificate of occupancy and/or recording of an approved
plan.
C.
Traffic. A traffic study shall be submitted by a professional traffic engineer in accordance with § 360-14E(6) of Chapter 360, Subdivision and Land Development, which requires a minimum of 25 units before a traffic study shall be required. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion after considering any improvements to be made or funding by the applicant as a condition of approval.
D.
Site planning. The application shall establish that the site layout, internal vehicle and pedestrian circulation, bicycle circulation and parking elements have been addressed in accordance with Article VI of Chapter 360, Subdivision and Land Development, of the Code of the Township.
(1)
As a condition, single-family detached dwelling subdivisions must submit both a preliminary and a final plan in accordance with the procedures in Chapter 360, Subdivision and Land Development, of the Code of the Township. There is no option to waive the preliminary plan.
(2)
Single-family detached dwelling subdivisions must provide walkways/sidewalks.
(3)
Net density shall be less than the maximum density allowed by
the zoning district and in no case be greater than four dwellings
per acre.
E.
Expressway, agricultural and business compatibility. The applicant shall submit a narrative describing all existing land uses adjacent to the property and establish that the subdivision has been designed to comply with § 415-34D of this chapter regarding minimum setback from an expressway.
F.
Natural features. The applicant shall submit a narrative describing
all existing natural features and establish that the proposed uses
will be suitable for the site, considering the proposed disturbance
of trees, streams, seeps, springs, caves, wetlands and habitats of
endangered species.
(1)
Street trees shall be installed in all traditional single-family dwelling subdivisions in accordance with § 415-71 of this chapter regarding tree planting.
(2)
All trees on the site with a caliper of 18 inches or greater
shall be preserved to the maximum extent possible, and waivers of
the identification of existing trees shall not be considered. If any
trees must be removed, a minimum of 25% of the trees removed shall
be replaced.
(3)
Areas contained within floodplains, wetlands and steep slopes
shall not be included in the required area of a lot. Lots containing
these natural features shall meet the lot area requirements of the
applicable zone after the deletion of these areas from the lot area.
A.
Purposes. In addition to serving the overall purposes of this chapter,
this section is intended to:
(1)
Promote the retention of community character through preservation
of the local heritage by recognition and protection of historic and
architectural resources;
(2)
Establish a clear process to review and approve demolition of
designated historic buildings;
(3)
Encourage continued use, appropriate rehabilitation and adaptive
reuse of historic buildings;
(4)
Implement Sections 603(b), 603(g), 604(1) and 605(2) of the
Pennsylvania Municipalities Planning Code, which address protecting
and facilitating the preservation of historic values through zoning
and using zoning to regulate uses and structures at or near places
having unique historic, architectural or patriotic interest or value;[1]
[1]
Editor's Note: See 53 P.S. §§ 10603(b) and
(g), 10604(1) and 10605(2).
(5)
Strengthen the local economy by promoting heritage tourism,
improving property values and increasing investment in older buildings;
(6)
Utilize the traditional neighborhood development provisions
of the Pennsylvania Municipalities Planning Code; and
(7)
Carry out recommendations of the County and Township Comprehensive
Plans, including recommendations to preserve historic buildings and
community character.
B.
Applicability.
(1)
This section shall apply to any principal building that is designated
as a historic building on the Historic Buildings Map and the accompanying
Historic Buildings List.[2] The provisions of this section shall not apply to barns
or other buildings that were built for agricultural storage or livestock.
(a)
This section shall not apply to buildings or additions to buildings
that the applicant proves were constructed after January 1, 1945.
[2]
Editor's Note: The Historic Buildings Map and the Historic
Buildings List are attachments to this chapter.
(2)
For a building regulated by this section, all of the provisions
of the applicable underlying zoning district shall also continue to
apply, in addition to the provisions of this section. In the event
there is a direct conflict between the provisions of this section
and the underlying zoning district, the provision that is most restrictive
upon development, demolition and uses shall apply.
C.
General provisions.
(1)
The Historic Buildings Map and List have been officially adopted
and are in effect as part of this section.
(2)
Any partial or complete demolition of a building regulated by
this section that is visible from a public street shall only occur
in compliance with this section.
(3)
The Historic Buildings Map and List may be revised as an amendment
to this chapter.
(4)
DEMOLITION
DEMOLITION BY NEGLECT
MAINTENANCE AND REPAIR
STREETSCAPE
Definitions. The following terms shall have the following meanings
for the purposes of this section:
The dismantling, tearing down, removal or razing of the exterior
of a building, in whole or in part. This term shall not include changes
to the interior of a building, provided such changes do not alter
the structural integrity of the building.
The absence of routine maintenance and repair, which leads
to structural weakness, decay and deterioration in a building to a
point that causes a need for major repair or may cause a need for
demolition.
Work that does not alter the appearance or harm the stability
of exterior features of a building.
The overall appearance of a block along a public street,
including yards visible from a public street, the relationship of
building setbacks, the consistency of architectural styles or features,
the spacing and shapes of windows and doors and rooflines and similar
features that give the block its distinctive visual character.
D.
Approval of demolition of historic buildings.
(1)
A building regulated by this section shall not be demolished,
in whole or in part, unless the applicant proves by credible evidence
to the satisfaction of the Board of Supervisors as a conditional use
that one or more of the following conditions exists:
(a)
The existing building cannot feasibly and reasonably be reused,
and that such situation is not the result of intentional neglect or
demolition by neglect by the owner; or
(b)
The denial of the demolition would result in unreasonable economic
hardship to the owner, and the hardship was not self-created; and/or
(c)
The demolition is necessary to allow a project to occur that
will have substantial, special and unusual public benefit that would
greatly outweigh the loss of the historic building and the project
needs to occur at this location. For example, a demolition may be
needed for a necessary expansion of an existing public building or
to allow a street improvement that is necessary to alleviate a public
safety hazard.
(2)
For approval of a demolition, the standards of this section
shall apply in place of any general conditional use standards of this
chapter. In reviewing the application, the Planning Commission and
the Board of Supervisors shall consider the following:
(3)
An application for partial or complete demolition of a building
regulated by this section shall not be approved unless all of the
requirements of this section have been met. A partial demolition shall
include, but not be limited to, removal of an attached porch roof,
removal of porch columns and removal of architectural features. See
definition of "demolition" above.
(4)
A complete application for the demolition shall be submitted
by the applicant in writing. This application shall include the following:
(a)
The name, address and daytime telephone number of the owner
of record and the applicant for the demolition.
(b)
Recent exterior photographs of the building proposed for demolition.
If the applicant is alleging that the building cannot be reused or
rehabilitated, then interior photos and floor plans shall be provided
as needed to support the applicant's claim.
(c)
A site plan drawn to scale showing existing buildings and the
proposed.
(d)
A written statement of the reasons for the demolition.
(e)
The proposed use of the site, and a proposed timeline for development
of that proposed use.
(f)
The proposed disposition of materials. The applicant shall show
that debris will be disposed in a legal manner. Salvage of building
materials is strongly encouraged to preserve historic features and
reduce waste, particularly including stone and beams from old barns.
(5)
Procedures. The demolition application shall be submitted to
the municipal Planning Commission for review and to the Board of Supervisors
for approval as a conditional use. The timing requirements for a conditional
use shall apply. The applicant shall be informed of meeting dates
where the application is intended to be discussed and encouraged to
be present to discuss the proposed demolition.
(6)
Evidence. The applicant shall provide sufficient credible evidence
to justify any claims that a building cannot feasibly be repaired
or reused. The Board of Supervisors may require that this expert testimony
and documentation include (but not be limited to): a property appraisal,
income and expense statements for the property, a written estimate
of the costs of rehabilitation by a qualified contractor, a written
report from a professional engineer regarding the structural soundness
of the building, testimony concerning efforts to market the property
over time, information regarding the applicant's purchase price of
the building, and similar relevant information.
(7)
Self-created conditions. The conditions that justify the proposed
demolition of a building regulated by this section shall not have
been self-created by the applicant. These conditions include, but
are not limited to:
(8)
The Zoning Officer may require any unoccupied building shall
be properly sealed and secured to prevent decay from the elements
and vandalism.
(9)
Emergency. The Zoning Officer may issue a permit for the demolition
without compliance with this section if the municipal Building Inspector
certifies in writing that the building is unsafe and unfit for human
habitation or occupancy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(10)
Exceptions. Conditional use approval shall not be needed for
the following:
(a)
Demolition of accessory structures that are not attached to
the principal building.
(b)
Interior renovations or removal of features (such as a rear
porch) that do not harm the structural stability of the building and
that are not visible from a public street (not including an alley).
(c)
Removal of features that were added since January 1, 1945, such
as a modern porch or aluminum siding or carport.
(d)
Relocation of a building within a municipality, provided that
the relocation does not result in a partial or complete demolition
that is regulated by this section.
E.
Modification to lot area and yard regulations. As a special exception,
the Zoning Hearing Board may modify a specific yard, lot coverage
or lot area requirement if the applicant proves to the satisfaction
of the Board that such modification is necessary to allow a reasonable
use of a building regulated by this section.
F.
Demolition by neglect (see definition above).
(1)
Every property owner of a building regulated by this section
shall repair and maintain the building to avoid demolition by neglect.
(2)
Every property owner of a building regulated by this section
shall properly repair and maintain the building to maintain the structural
integrity of the building and to protect the building and attached
features from damage from the elements. The attached features that
shall be protected, repaired and maintained include the roof, chimney,
cornice, soffit, fascia, spouting, columns, beams, posts, window sills,
door sills and lintels.
(3)
If a property owner fails to comply with an order from the Building
Inspector to repair a building regulated by this section to correct
a code violation that threatens the structural integrity of a building,
such matter shall be considered a violation of this section, and the
property owner may also be cited for a violation of this chapter.
G.
Guidelines. The following advisory guidelines should be considered
in the design of new construction, additions and exterior alterations
in a block with historic buildings. Some of these features may be
required by other sections of this chapter in specific cases.
(1)
Vehicle parking and any garage doors should be placed to the
rear of buildings as opposed to between buildings and the street.
Where rear parking is not practical, then parking should be provided
to the side of a building. Where a driveway needs to enter from the
front, the garage should be set back further from the street than
the house, and the driveway should be as narrow as practical through
the front yard.
(2)
New construction should have a front yard setback that is similar
to adjacent older buildings.
(3)
Modern additions and features should be placed towards the rear
of the property.
(4)
New construction should have rooflines that are similar to adjacent
older buildings. Flat roofs should be avoided. Where a pitched roof
is not practical, then the roof should at least appear to have angles
and a pitch when viewed from the street.
(5)
On sides visible from a street, new construction should use
building materials that are similar in appearance to older buildings,
including brick and stone. Modern building materials are available
that have a historic appearance, such as artificial stone.
(6)
Where existing older buildings have a certain horizontal or
vertical orientation, that orientation should be continued in new
construction. Where existing older buildings have a certain spacing
of windows and doors, similar spacing (and similar sizes of windows
and doors) should be continued in new construction. Blank walls without
door and window openings should be avoided along a street.
A.
This section applies to all wind energy facilities to be constructed after the effective date of the chapter, except for one accessory wind turbine on a lot that meets the conditions in § 415-32E.
B.
All wind energy facilities shall be equipped with a redundant braking
system. This includes both aerodynamic overspeed controls (including
variable pitch, tip and other similar systems) and mechanical brakes.
Mechanical brakes shall be operated in a fail-safe mode. Stall regulation
shall not be considered a sufficient braking system for overspeed
protection.
C.
On-site transmission and power lines between wind turbines shall,
to the maximum extent practical, be placed underground.
D.
Wind turbines shall be set back from the nearest occupied dwelling
located on another lot a distance of not less than five times the
hub height, as measured from the center of the wind turbine base to
the nearest point on the foundation of the dwelling.
E.
All wind turbines shall be set back from the nearest property line
a distance of not less than the greater of the maximum setback requirements
for that zoning classification where the turbine is located or 1.1
times the turbine height, whichever is greater. The setback distance
shall be measured to the center of the wind turbine base.
F.
All wind turbines shall be set back from the nearest public street
a distance of not less than 1.1 times the turbine height, as measured
from the right-of-way line of the nearest public road to the center
of the wind turbine base.
G.
Audible sound from a wind energy facility shall not exceed 55 dBA,
as measured at the exterior of any existing dwelling on another lot.
H.
The facility owner and operator shall make reasonable efforts to
minimize shadow flicker to any occupied building on another lot.
I.
The facility owner and operator shall, at its expense, complete decommissioning
of the wind energy facility, or individual wind turbines, within 12
months after the end of the useful life of the facility or individual
wind turbines. The wind turbine will presume to be at the end of its
useful life if no electricity is generated for a continuous period
of 12 months. Decommissioning shall include removal of wind turbines,
buildings, electrical components, roads and any other associated aboveground
facilities.
A.
Within the I-2 Zone, warehousing and wholesale trade establishments
are conditional uses, subject to the following criteria:
B.
The applicant shall provide a detailed description of the proposed
use in 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, including but not limited to those listed in § 415-46 of this chapter; and
