Several uses as specified in the district regulations of this
chapter are deemed conditional uses. Said uses have been identified
as having potential impacts and concerns which are, firstly, beyond
those and greater than those of permitted uses, and, secondly, having
impacts which might vary considerably depending on the character of
the facility, structure, or business proposed, and may require special
conditions as recommended by the Planning Commission, and approved
by the governing body.
The Planning Commission shall make recommendations and findings
of fact based in the following general and specific criteria, wherein
the governing body shall review said finding and conditional use application
and shall issue a decision, which may contain reasonable conditions.
Said findings, conditions, and recommendations shall consider the
following.
A.
The maximization of the public health, safety, morals, and welfare
through adequate buffering and building location recognizing the need
to adequately provide for a certain use or class of uses.
B.
The safety and requirements of the clients, residents, or patrons
of a potential use through the design of internal pedestrian and vehicular
circulation, site ingress and egress, general manner of operation,
signage, lighting, and related improvements.
C.
The site design of the proposed use shall promote the least intrusive
options in regards to signage, vehicular circulation, deliveries,
and hours of operation as possible while accommodating the basic requirements
of the use's regular business operations.
D.
The overall costs versus the benefits in regards to public services,
tax revenues, and benefits to the Planning Area's residents as
related to reasonable site design or associated modifications provided
by the applicant.
A.
The applicant shall submit the following items, including required
filing fees, which shall be required in order to constitute a complete
application.
B.
Where new structures, parking, or landscaping are required or proposed,
the applicant shall submit a mylar and sufficient copies of a plan
on twenty-four-inch-by-thirty-six-inch-sized paper at a scale necessary
to show all required details. Said plan shall be drawn by a registered
surveyor and shall include all details necessary to demonstrate and
evaluate compliance with the Zoning Ordinance and the standards and
criteria specified in this article.
C.
Where new structures are proposed, building elevations showing building
facade treatments.
D.
Conditional uses defined under §§ 300-803 and 300-804 shall submit a community impact analysis consisting of the following information.
(1)
Information concerning the average number of daily vehicle trips
estimated to be generated by such use, with peak-hour vehicle trip
ends identified.
(2)
Information concerning the estimated amount of tax revenue to
be generated by such a use, broken down by revenue to be paid to the
respective municipality, the county, and the local school district.
(3)
Information concerning the estimated cost of public services
to be provided to such use, broken down by cost to be borne by the
respective municipalities, the county, and the local school district,
including police, transportation, and other public services.
(4)
Applicants shall submit a narrative detailing the proposed use
including gross floor area, number of employees, operating hours,
and a general synopsis of business or use activities.
(5)
Required fee per the governing body's adopted fee schedule.
(6)
The applicant shall indicate whether or not the applicant is
willing to accept the decision of a hearing officer if the governing
body, by majority vote, accepts the final decision and findings of
a hearing officer in lieu of its own decision and findings, as authorized
in Section 913.2 of the MPC as amended.
E.
Conditional uses applications for planned residential and traditional
neighborhood developments may be submitted simultaneously with the
tentative approval application, wherein the conditional use shall
be reviewed based on materials submitted with the tentative application
proposal. Where no proposal is submitted, the applicant shall submit
drawings sufficient to demonstrate compliance with the standards outlined
in the respective sections of this article. Such drawings and materials
include, but are not limited to, approximate number and type of units
and uses proposed, existing topography on five-foot intervals, the
street network and cartway locations within 500 feet of the site.
F.
A complete application shall be submitted to the Zoning Officer at
least 21 days prior to the next regularly scheduled monthly Planning
Commission or Joint Planning Commission meeting.
G.
Filing fees and required copies of applications shall be determined
by local governing body resolution or ordinance.
H.
All conditional uses relating to developments of regional significance
and impact shall be forwarded to the Planning Commission for recommendation
at least 30 days prior to the public hearing before the governing
body. The Planning Commission may hold a public hearing on the matter.
The Zoning Officer shall also submit the application to the local
Planning Commission for their consideration. The local Planning Commission
may discuss the matter at a public meeting and may provide a recommendation
to the governing body.
I.
The governing body shall hold a public hearing per public notice
within 60 days of the filing of a complete application. Where a hearing
officer has been designated, the officer shall preside over the hearing.
J.
A decision and accompanying findings of fact shall be issued within
45 days after the conclusion of the aforesaid hearing. The governing
body or hearing officer may attach conditions to any approval that
either finds are necessary to permit the conditional use in a manner
consistent with this chapter and this article in particular. A condition
of approval shall include the receipt of the applicant's signature,
indicating acceptance of the findings of fact and conditions, if any,
within 30 days of approval, wherein the failure of the applicant to
submit the aforesaid acceptance shall be deemed a denial of the conditional
use. A copy of the decision shall be filed at the governing body's
office. The decision shall be mailed to the applicant no later than
one day following the date of the decision.
K.
Where the governing body fails to render the decision within 45 days
of the conclusion of the required public hearing or fails to commence
the required hearing within 60 days from the date of the applicant's
request for a hearing or fails to complete the hearing in accordance
with Section 908 (1.2) of the Municipalities Planning Code,[1] the decision shall be deemed to have been rendered in
favor of the applicant unless the applicant has agreed in writing
or on the record to an extension of time. When a decision has been
rendered in favor of the applicant because of the failure of the governing
body to meet or render a decision as hereinabove provided, the governing
body shall give public notice of the decision within 10 days from
the last day it could have met to render a decision in the same manner
as required by the public notice requirements of this act. If the
governing body shall fail to provide such notice, the applicant may
do so.
[1]
Editor's Note: See 53 P.S. § 10908(1.2).
A.
Adult uses shall not be established or operated within 500 feet of
an existing school, public playground, public park, residential housing
area, child-care facility, church, meetinghouse or other actual place
of regularly stated religious worship established prior to the proposed
adult use. Said distance shall be measured from the lot line on which
the preceding uses and facilities are situated.
B.
Principal structures housing the adult use shall be set back a minimum
of 200 feet from the lot line of any property bearing a residential
zoning classification.
C.
The hours of adult uses may be restricted to 8:00 a.m. through 10:00
p.m. Restricted hours, if required as a condition of approval, shall
be based upon findings of fact and factors relating to the location
of the proposed facility with other businesses, residential areas,
and public uses, and shall not be restricted more than the maximum
stated herein.
D.
Application requirements. Applicants shall submit a plan prepared
by a registered surveyor at a scale of at least one inch equals one
foot showing the general design of the site including building location,
ingress and egress, parking, and locations of entrances. Applicants
shall submit a narrative detailing the nature of the business proposed
and anticipated hours of operation. Applicants shall submit a community
impact statement as outlined in this article.
A.
Psychiatric and drug abuse facilities shall not be established or
operated within 500 feet of an existing school, public playground,
public park, residential housing area, child-care facility, church,
meetinghouse or other actual place of regularly stated religious worship
within the Planning Area established prior to the proposed treatment
facility. Said distance shall be measured from the lot line on which
the preceding uses and facilities are situated.
B.
Said facilities shall demonstrate compliance with all applicable
state regulations as instituted by the Department of Health and the
Department of Public Welfare.
C.
Said uses shall be set back at least 50 feet from any lot line.
D.
Applicants shall submit a plan prepared by a registered surveyor
at a scale of at least one inch equals 50 feet showing the general
design of the site including building location, ingress and egress,
parking, and locations of entrances. Applicants shall submit a narrative
detailing the nature of the business and its consistency with applicable
state requirements. Applicants shall submit a community impact statement
as outlined in this article.
E.
Personnel licensed by the Pennsylvania Department of Health shall
man such uses during all hours of operation.
The applicant shall demonstrate the following, the demonstration
of which shall be evaluated by the Planning Commission and the respective
governing body.
A.
Planned equipment would exceed the structural capacity of existing
communications towers considering existing and planned use of those
communications towers, and existing communications towers cannot be
reinforced to accommodate planned or equivalent equipment at a reasonable
cost;
B.
Planned equipment will cause radio frequency (RF) interference with
other existing or planned equipment for that communications tower,
and the interference cannot be prevented at a reasonable cost;
C.
Existing or approved communications towers do not have the space
on which planned equipment can be placed so it can function effectively
and at least in parity with other similar equipment in place or planned;
or
D.
Other reasons make it impractical to place the equipment planned
by the applicant on existing and approved communications towers.
E.
The applicant shall also include a plan to indicate feasibility of
locating additional communications antennas on the proposed communications
tower.
F.
Where a communications tower is proposed, the applicant shall similarly
demonstrate the exhaustion or ineffectiveness of other options as
well as the need for the tower proposed.
G.
No tower permitted shall exceed 199 feet in height.
H.
Towers shall be set back one foot for every 1 1/2 feet of the
height of the tower or within the district setbacks which would otherwise
apply to other principal structures, whichever is greater.
I.
A solid fencing surrounded by low-level landscaping shall screen
all other associated structures or equipment. Said structures shall
comply with all standards applying to principal structures within
the district in which said structures are placed.
J.
No tower shall be located closer than one mile to any other existing
tower. In cases of telecommunications, the applicant shall demonstrate
that a significant gap exists in the nationwide cellular network,
thus necessitating the erection of an additional tower.
A.
Where new construction is proposed, neighborhood public and semipublic
uses shall be limited to a building footprint twice the size of the
specified minimum building footprint, per the number of stories proposed.
B.
While permitting handicap parking and forms of parking or drop-off
necessary to the regular functioning of the use, required parking
shall be located in the side or rear yards of the use, unless the
character of an existing property does not permit such an arrangement.
C.
All impervious surfaces shall be set back at least five feet from
any property line.
D.
Any parking lot which directly faces an abutting property containing
a principal residential use or which faces a street shall provide
a continuous screen of low-level landscaping such that the headlights
of vehicles are not visible through said screening when screening
has grown to maturity.
E.
The hours of neighborhood public and semipublic uses may be restricted
to 7:00 a.m. through 10:00 p.m. Restricted hours, if required as a
condition of approval, shall be based upon findings of fact and factors
relating to the location of the proposed facility with other businesses,
residential areas, and public uses, and shall not be restricted more
than the maximum stated herein.
A.
It is the intent of the Planning Area to provide for an adequate
range and amount of recreational and community facilities. The remaining
provisions of this article notwithstanding, said facilities may consist
of a combination of the following uses as principal or accessory uses.
B.
Any structure housing these facilities shall be located at least
50 feet from the bounding property lines of all commonly owned properties
which constitute a park and zoned Neighborhood Park. Likewise, impervious
surface area for parking and access to said facilities shall be located
no closer than 20 feet to said lines.
C.
Any parking lot or outside storage area which directly faces an abutting
property containing a principal residential use or which faces a street
shall provide a continuous screen of low-level landscaping such that
the headlights of vehicles are not visible through said screening
when screening has grown to maturity.
D.
The maximum height of any approved structure shall be two stories
or 35 feet.
E.
The maximum building footprint of any approved structure shall be
25,000 square feet.
F.
The maximum building coverage of structures approved to house community
center activities in addition to all other structures located within
the bounding property lines of all commonly owned properties which
constitute a park and are zoned Neighborhood Park shall not exceed
20% of said area. Where said area consists of multiple parcels, covenants
shall be recorded stating that either no further building shall take
place or no coverage beyond a percent determined by this section and
governing body shall be constructed. Also, a condition of approval
may, if necessary, include limits on further building and zoning permits
issued by the municipality.
G.
Approvals of conditional uses shall include the condition that any
change of use of approved facilities shall require subsequent conditional
approvals.
H.
The applicant shall submit a parking plan, to be evaluated in accordance
with the parking standards of this chapter, a general site plan showing
the area of the buildings, proposed landscaping where required by
the local subdivision ordinance, and building elevations showing general
schematics and facade materials, and all other requirements.
I.
Approval and findings of fact of the preceding uses and structures
shall be based on the following:
(1)
The level of community and recreational need filled by the proposed
facility versus the impact of the facility on vehicular circulation,
surrounding neighborhoods, and the functionality of the park in which
it is located.
(2)
The present character of the surrounding land shall be considered.
The grounds shall be suited for and maintained such that the property
provides for passive recreational uses in addition to the proposed
facilities and uses.
(3)
The proposed facilities shall promote community activity in
a manner that provides a focal point for cultural and recreational
activities for all ages while presenting minimum impacts and nuisance
potential for the Planning Area as a whole as well as adjacent properties.
(4)
The governing body may consider additional uses not cited above
based on their adherence to the aforementioned criteria. The governing
body may likewise restrict the above listed uses based on the preceding
criteria.
A.
The applicant shall submit scaled drawings, sealed by a Pennsylvania
licensed surveyor, depicting the location of the proposed structure,
the subject right-of-way and cartway, and the location of existing
structures sufficient to demonstrate compliance with the criteria
listed herein as they relate to the applicant's request.
B.
The applicant shall submit general information in terms of the height
of the proposed structure.
C.
Approval and findings of fact shall be based on the following:
(1)
The proposed build-to line shall be consistent with the general
character of the block on which it is proposed.
(2)
The build-to line proposed shall vary from that of the most
proximate structure only where that structure's location is found
to be out of character with the remaining structures on a block.
(3)
The general scale of the structure, in terms of the number of
stories proposed, shall be consistent with that of existing structures
on a block.
(4)
The local governing body may place conditions requiring landscaping
and sidewalk placement that integrates the development with adjacent
uses for the respective purposes of property value preservation and
the facilitation of pedestrian access throughout the subject neighborhood
or business district.
A.
The drive-through facility shall comply with all standards cited in Article VIII of this chapter.
B.
Minimum lot frontage shall be 150 feet.
C.
Minimum lot size shall be 20,000 square feet.
D.
The drive-through facility shall contain appropriate buffering in
the form of landscaping or decorative fencing designed to block the
effects of headlights and noise generated by associated vehicle operation.
E.
The facility shall comply with all standards listed in this chapter.
A.
The use shall be conducted on a minimum three-acre lot or parcel.
B.
Principal structures shall be set back a minimum of 200 feet from
side and rear property lines.
C.
Any storage or display of materials within 100 feet of any property line or in front of the principal structure shall be screened by an opaque fence such that the materials stored are not visible more than five feet above said fence. Said fences shall be set back a minimum of 20 feet from any property line and shall be classified as a principal structure subject to those requirements as specified in § 300-907, Yard and buffering standards.
D.
The use shall meet all performance standards applicable, including
but not limited to noise, lighting, and parking.
E.
No parking of construction equipment, commercial vehicles, loading,
or storage of materials shall be conducted in the front yard of the
facility.
A.
A continuous hedgerow or screening of low-level plantings shall be
installed around the perimeter of any parking, sales, or storage lot
facing a street, access drive, or side lot line.
B.
The area of impervious surface covered by access drives, loading
areas, parking, storage, and sales lots shall be limited to twice
that of the gross square footage of the principal structure or structures
housing the use or establishment.
A.
The building shall be reasonably necessary for the satisfactory provision
of services by the utility to the neighborhood or area in which the
particular use is to be located.
B.
The design of any building in connection with such facilities must
conform to the general character of the area and not adversely affect
the enjoyment of property rights in the zoning district in which it
is located.
C.
The applicant shall demonstrate adequate screening through fencing,
landscaping, or a combination thereof.
A.
The proposed site shall contain a minimum of 75,000 square feet of
contiguous parcels or parcels directly fronting an existing street
or right-of-way in a parallel manner.
B.
The site shall be located in proximity to an existing street network
so that the site may be integrated into the adjoining network by at
least two access points.
C.
Each phase of any such development shall contain a minimum of 30,000
square feet.
A.
Each tentative TND or phase thereof shall include at least eight
mobile homes.
B.
The proposed site shall be comprised of contiguous parcels or parcels.
C.
Where mobile home lots front an existing street, the governing body
may require the following based upon the location of the site and
its subsequent impact on adjoining neighborhoods of differing character
and housing type in order to protect the market values and existing
neighborhood character:
(1)
Continuous screening provided by a hedgerow or low-level plantings.
(2)
A tree lawn up to 10 feet in width between required sidewalks
and/or the subject right-of-way with high-level plantings every 50
feet or in a manner consistent with adjoining neighborhoods.
(3)
Access to mobile home lots may be restricted to access drives
within the mobile home park.
A.
The minimum site area shall consist of 10 contiguous acres.
B.
While planned residential development is intended to provide for
the preservation of steep slopes and wooded hillsides, the site shall
demonstrate a reasonable feasibility to construct the units proposed.
C.
Each phase proposed shall include at least 25% of dwelling units
approved.
A.
A copy of all site plan information that will be required by the
state DEP shall also be submitted as part of the zoning application.
B.
A detailed and appropriate land reclamation and reuse plan of the
area to be excavated shall be submitted to the Zoning Officer.
C.
After areas are used for mineral extraction, those areas shall be
reclaimed in phases to a nonhazardous and environmentally sound state
permitting some productive or beneficial future use.
D.
A seventy-five-foot-wide yard covered by natural vegetative ground
cover (except at approved driveway crossings) shall be required along
all exterior lot lines that are within 250 feet of an area of excavation.
This yard shall include an earth berm with a minimum average height
of six feet and an average of one high-level planting for each 50
feet of distance along the lot lines.
E.
The area of excavation shall be set back from the exterior property
lines of the parcel or parcels involved by a minimum of 100 feet,
including 100 feet from any street.
F.
Reasonable standards encouraging compliance with § 300-401, Use performance standards, shall be imposed, including but not limited to hours of operation and points of primary access.
G.
Bonding of all local roads within the Planning Area shall be a condition
precedent to the commencement of operations on the site.
A.
Application requirements.
(1)
The applicant shall submit evidence that all required materials
have been submitted to the Department of Environmental Protection.
(2)
The applicant shall submit a statement of understanding concerning
the standards of this section and the applicant's plan for compliance,
namely in regards to the use of compression on the site.
(3)
The applicant shall submit cross sections of the proposed access
where it meets municipal streets.
(4)
The applicant shall submit site distance measurements for the
access, whether proposed or existing.
(5)
The applicant shall submit a plan showing the access route (of
municipal or state roads) over which heavy equipment will travel to
the site.
C.
The applicant shall meet all current minimum driveway site distance
standards and shall demonstrate that the point of access to any municipal
street will not cause the erosion of mud or debris onto said street.
D.
Bonding of all local roads within the Planning Area shall be a condition
precedent to the commencement of operations on the site.
E.
Noise limits shall, to the furthest extent practical in terms of well drilling, and in terms of compressor use, both short and long term, comply with the performance standards outlined under § 300-401.
F.
No gas well shall be located within 300 feet of any existing public
building, school, church, institutional, commercial or residential
building.
[Added 5-17-2018 by Ord.
No. 1113]
G.
No gas well shall be located within 500 feet of a private water well.
[Added 5-17-2018 by Ord.
No. 1113]
H.
No gas well shall be located which will adversely affect any publicly
owned park or places included in the National Register of Historic
Sites unless approved by the governmental agency with jurisdiction
over the park or historic site.
[Added 5-17-2018 by Ord.
No. 1113]
I.
The applicant shall demonstrate, through compliance with applicable
commonwealth regulations, that the proposed gas well shall not be
located within 1,000 feet of any public water supply source, reservoir
or surface water extraction intake point.
[Added 5-17-2018 by Ord.
No. 1113]
J.
The applicant shall demonstrate that the proposed gas well shall
not adversely affect any flood-prone or landslide-prone areas within
the Township.
[Added 5-17-2018 by Ord.
No. 1113]
K.
The applicant shall demonstrate that the use of explosives, if proposed,
shall not cause injury to any adjacent structures and shall not substantially
diminish underground water resources through compliance with applicable
commonwealth regulations.
[Added 5-17-2018 by Ord.
No. 1113]
L.
When blasting is performed, the activity shall be monitored by an
independent engineering consultant whose credentials are acceptable
to the Township and whose fee is paid by the applicant.
[Added 5-17-2018 by Ord.
No. 1113]
M.
The applicant shall identify the proposed routes of all trucks to
be utilized for hauling material and the estimated number of trips
and weights of those trucks. The applicant shall comply with designated
weight limits on Township roads and shall design the hauling routes
for the gas well to minimize the impact on local roads within the
Township.
[Added 5-17-2018 by Ord.
No. 1113]
N.
Portions of the site boundaries where gas wells are located may be
required by the Township Commissioners to be fenced or screened, as
necessary, to provide security and protect adjacent properties.
[Added 5-17-2018 by Ord.
No. 1113]
O.
Upon approval of an application for conditional use approval and
prior to commencing operations, the applicant shall submit an escrow
deposit to the Township in an amount established by the Board upon
the recommendation of the Township Engineer. The escrow deposit shall
be maintained throughout the duration of the gas well operation and
shall be used to cover all costs to the Township for engineering,
consultant, legal and inspection fees and other miscellaneous costs.
[Added 5-17-2018 by Ord.
No. 1113]
P.
Approval shall expire if work authorized in the application for conditional
use approval is not commenced within 90 days of the date of the Board's
approval of the application unless the applicant submits a written
request for an extension to the Board prior to the expiration of the
90 days explaining the reasons for the delay in initiating the work
and the Board approves the request.
[Added 5-17-2018 by Ord.
No. 1113]
Q.
Once work is initiated under an approved application, zoning approval
shall be valid for a period of one year from the date of approval
by the Board. An application for renewal of zoning approval shall
be submitted at least 90 days prior to the date of expiration of zoning
approval and can be granted by the Zoning Officer upon demonstration
by the applicant that all conditions of the approval and the required
federal and commonwealth permits remain in full force and effect and
that the applicant is diligently pursuing the completion of the gas
well. Upon expiration or revocation of conditional use approval for
the use, the applicant shall reapply for approval.
[Added 5-17-2018 by Ord.
No. 1113]
A.
Principal structures containing more than 8,000 square feet of gross
floor area shall be set back at least 100 feet from the side and rear
property lines.
B.
Parking and access drives shall be set back a minimum of 50 feet
from side and rear lot lines.
C.
Accessory structures greater than 2,000 square feet of gross floor
area shall be set back a minimum of 50 feet from side and rear lot
lines.
D.
Sufficient mounding and landscaping shall be installed to ensure
the shielding of glare and general vehicular traffic.
A.
Parking shall be located within the distances specified elsewhere
in this chapter.
B.
All establishments utilizing the parking area shall demonstrate the
right to perpetually utilize said area through the recordation of
easements or covenants that guarantee access. Leases may be accepted
provided that the applicant can demonstrate the feasibility of parking
alternatives upon lease expiration. The occupancy of the respective
establishment, in such an instance, shall be conditioned upon the
availability of said parking wherein the applicant shall sign a statement
of understanding verifying said condition.
C.
The timing and character of establishment usage shall provide for
the proper amount of spaces per establishment utilizing the parking
at any time of day. The occupancy of the respective establishment,
in such an instance, shall be conditioned upon the operating hours
or range of hours presented wherein the applicant shall sign a statement
of understanding verifying said condition.
D.
Proper signage and pedestrian safety designations and amenities,
including sidewalks, shall provide for safe access from each establishment
to the parking area.
A.
Similar uses not specified as otherwise defined in this chapter shall
be evaluated in accordance with the general standards set forth in
this article.
B.
Said uses shall conform to the general character and purpose of the
district in which they are proposed as well as the character of those
uses otherwise authorized therein.
C.
Said uses shall be determined as similar to uses otherwise permitted
within the zoning district in which the use is proposed where:
(1)
Uses are generally within the same three-digit NAICS category
as a use expressly authorized.
(2)
Production, trip generation, pedestrian traffic generated, hours
of operation, and display of products or services shall be reasonably
similar to those of uses expressly authorized within the district
where the use is requested.
(3)
The use shall not be expressly authorized in any other district
or location within the Planning Area.
D.
Said uses shall be situated such that their proximity to abutting
uses; especially dwellings, churches, and schools, does not compromise
the safety and expected use and quiet enjoyment of their occupants,
visitors, members, or students.
A.
Normal agricultural operations shall take place on parcels of 10
acres or greater, wherein operations on smaller parcels shall be considered
a nuisance given the general topography of the Planning Area which
would effectively limit the operation to a concentrated area of the
property.
B.
Boarding of horses shall be limited to one horse per every three
acres of the parcel.
C.
All principal structures shall be set back a minimum of 100 feet
from any property line.
D.
Greenhouses totaling not more than 5,000 square feet shall be permitted
as accessory retail, where 80% of gross sales are derived from the
sales of produce grown on site.
