[Ord. 2007-2, 5/22/2007]
The following procedures shall apply to all applicants for approval
of a conditional use or use by special exception in all zoning districts.
[Ord. 2007-2, 5/22/2007; as amended by Ord. 2010-3, 9/1/2010]
1.
Approval of conditional uses. The Board of Supervisors shall hear
and decide requests for conditional uses; however, the Board of Supervisors
shall not approve a conditional use application unless and until:
A.
A written application for conditional use approval is submitted to
the Zoning Officer no less than seven calendar days prior to the regular
meeting of the Planning Commission. The application shall indicate
the section of this chapter under which conditional use approval is
sought and shall state the grounds upon which it is requested. The
application shall include the following:
(1)
Where warranted by the characteristics of the proposed use,
the Township may require a current property survey indicating all
existing and proposed structures and all proposed construction, additions
or alterations on the site in sufficient detail to determine the feasibility
of the proposed development and compliance with all applicable requirements
of this chapter.
(2)
A written statement showing compliance with the applicable express
standards and criteria of this Part for the proposed use.
(3)
A traffic study, as defined herein, prepared by a registered
traffic engineer for any use that will generate 100 or more additional
peak-hour trips during the adjacent roadway's peak hours, based on
the ratios and methodology contained in the current edition of the
manuals of the Institute of Transportation Engineers (ITE).
(4)
The application fee required by § 1707 of this chapter.
B.
A written recommendation is received from the Township Planning Commission
or 45 days has passed from the date of the Planning Commission meeting
at which the application is first considered as complete and properly
filed for approval.
C.
At least one copy of the public notice shall be posted on the affected
property at least seven days prior to the date that the public hearing
is commenced by the Board of Supervisors.
D.
A public hearing is commenced by the Board of Supervisors pursuant
to public notice and said hearing is scheduled no more than 60 days
following the date of submission of a complete and properly filed
application, unless the applicant has agreed, in writing, to an extension
of time.
E.
Each subsequent hearing before the Board of Supervisors shall be
held within 45 days of the prior hearing, unless otherwise agreed
to by the applicant in writing or on the record. An applicant shall
complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the Board of
Supervisors shall assure that the applicant receives at least seven
hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
The applicant may, upon request, be granted additional hearings to
complete his case-in-chief, provided that the persons opposed to the
application are granted an equal number of additional hearings. Persons
opposed to the application may, upon the written consent or consent
on the record by the applicant and the Township, be granted additional
hearings to complete their opposition to the application, provided
that the applicant is granted an equal number of additional hearings
for rebuttal.
F.
The Board of Supervisors shall render a written decision within 45
days after the last public hearing. Where the application is contested
or denied, the decision shall be accompanied by findings of fact and
conclusions based thereon. Conclusions based on any provision of this
chapter or any other applicable rule or regulation shall contain a
reference to the provision relied upon and the reasons why the conclusion
is deemed appropriate in light of the facts found.
G.
Where the Board of Supervisors fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearing as specified in Subsection 1C and D above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time. The Board of Supervisors shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If the Board of Supervisors shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
H.
In considering an application for conditional use approval, the Board
of Supervisors may prescribe appropriate conditions and safeguards
in conformity with the spirit and intent of this Part. A violation
of such conditions and safeguards, when made a part of the terms and
conditions under which conditional use approval is granted, shall
be deemed a violation of this chapter and shall be subject to the
enforcement provisions of § 1701 of this chapter.
I.
If land development approval is required for the conditional use,
the application for conditional use approval and the application for
approval of a land development required by the Township Subdivision
and Land Development Ordinance[1] may be processed concurrently, provided that all application
requirements of both ordinances for a conditional use and a land development
plan are met.
2.
Expiration of conditional use approval. Conditional use approval
shall expire automatically, without written notice to the applicant,
if no application for a land development plan, a grading permit, a
building permit or a certificate of occupancy to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of said approval, unless
the Board of Supervisors, in its sole discretion, extends conditional
use approval upon written request of the applicant received prior
to its expiration. The maximum extension permitted shall be one twelve-month
extension.
3.
Approval of uses by special exception. The Zoning Hearing Board shall
hear and decide requests for uses by special exception. The Zoning
Hearing Board shall not approve an application for a use by special
exception unless and until:
A.
A written application for approval of a use by special exception
is submitted to the Zoning Officer. The application shall indicate
the section of this chapter under which approval of the use by special
exception is sought and shall state the grounds upon which it is requested.
The application shall include the following:
(1)
A current property survey indicating all existing and proposed
structures and all proposed construction, additions or alterations
on the site in sufficient detail to determine the feasibility of the
proposed development and compliance with all applicable requirements
of this chapter.
(2)
A written statement showing compliance with the applicable express
standards and criteria of this Part for the proposed use.
(3)
A traffic impact analysis, prepared by a registered traffic
engineer, for any use that will generate 100 or more additional peak-hour
trips during the adjacent roadway's peak hours, based on the ratios
and methodology contained in the current edition of the manuals of
the Institute of Transportation Engineers (ITE).
(4)
The application fee required by § 1707 of this chapter.
B.
At least one copy of the public notice shall be posted on the affected
property at least one week prior to the public hearing.
C.
A public hearing pursuant to public notice, as defined herein, is
conducted by the Zoning Hearing Board within 60 days of submission
of a complete and properly filed application. Said hearing shall be
conducted in accordance with the procedures specified by § 1607
of this chapter.
D.
In proceedings involving a request for a use by special exception,
both the duty of initially presenting evidence and the burden of persuading
the Zoning Hearing Board that the proposed use is available by special
exception and satisfies the specific or objective requirements for
the grant of a use by special exception as set forth in this chapter
rest upon the applicant. The burden of persuading the Zoning Hearing
Board that the proposed use will not offend general public interest,
such as the health, safety and welfare of the neighborhood, rests
upon the applicant.
E.
In considering an application for approval of a use by special exception,
the Zoning Hearing Board may prescribe appropriate conditions and
safeguards in conformity with the spirit and intent of this Part.
A violation of such conditions and safeguards, when made a part of
the terms and conditions under which approval of a use by special
exception is granted, shall be deemed a violation of this chapter
and shall be subject to the enforcement provisions of § 1701
of this chapter.
F.
If land development approval is required for the use by special exception,
the application for approval of a land development required by the
Township Subdivision and Land Development Ordinance[2] shall be submitted to the Township Planning Commission
following approval of the use by special exception by the Zoning Hearing
Board.
4.
Expiration of approval of a use by special exception. Approval of
a use by special exception shall expire automatically, without written
notice to the applicant, if no application for a land development
plan, a grading permit, a building permit or a certificate of occupancy
to undertake the construction or authorize the occupancy described
in the application for approval of the use by special exception is
submitted within 12 months of said approval, unless the Zoning Hearing
Board, in its sole discretion, extends approval of the use by special
exception upon written request of the applicant received prior to
its expiration. The maximum extension permitted shall be one twelve-month
extension.
5.
Oil and Gas Development, Drilling and Related Operations Application.
To begin the permitting process for oil and gas development, a conditional
use application must be filed with the Township in accordance with
§ 1101. No hearing will be scheduled until all of the information
set forth hereinafter has been received by the Township. In addition
to the applicable standards for the Zoning District of the proposed
use, the express standards and criteria for granting conditional uses
contained in the Township Code, the application must contain the following
information:
[Added by Ord. 2015-8, 9/21/2015[3]]
A.
Information:
(1)
The name and address of the applicant, including the name and
telephone number of a local representative;
(2)
The mineral and/or oil and gas lease royalty and surface owner(s);
(3)
A copy of the oil and gas or mineral lease (recorded memorandum)
and any drilling permits issued by the Commonwealth of Pennsylvania,
or if a state permit has not yet been issued, the application, if
submitted, shall be attached;
(4)
The exact description of the location of the proposed facility/operation;
(5)
Setbacks. Certification that the applicable setbacks will be
met; and
(6)
The name and address of all property owners within 300 feet
of the proposed site.
B.
Work Hours. Provide the proposed timeline and hours of development/site
work and the use of trucking and heavy equipment during each phase
of the process, from initial site preparation to drilling operations
and post-drilling operations.
C.
Road Bonding and Maintenance. The applicant will review and execute
a joint road maintenance agreement with the Township and provide the
appropriate bonding and list of subcontracts.
D.
PPC Plan. The operator shall provide to the Township's first responders,
including the Fire Department, Police Department, and ambulance service(s),
and to the Zoning Officer/Code Enforcement Officer a copy of its preparedness,
prevention and contingency (PPC) plan. Before drilling, the applicant
shall confirm in writing that the Township's first responders have
secured adequate training to deal with any potential dangerous conditions
that may result due to construction activities on each site. First
responders shall have a minimum of five hours of training per year
to meet this standard. Upon request from the Township, the operator
will, prior to drilling of its first oil and gas well in Township,
make available, with at least 30 days' notice, at its sole cost and
expense, one appropriate group training program of up to five hours
for first responders. Such training shall be made available at least
annually during the period when the operator anticipates oil-and-gas-related
activities in the Township.
E.
The applicant shall provide a schedule indicating the following dates,
which the Township acknowledges is subject to change:
(1)
Anticipated site preparation beginnings and endings.
(2)
Anticipated drilling or mining activity beginnings and endings.
(3)
Anticipated completion (perforating) work to begin and end.
(4)
Anticipated simulation (fracturing) work to begin and end.
(5)
Anticipated production work to begin and end.
(6)
Anticipated plugging date.
(7)
Anticipated site restoration.
F.
Permits. All applicable state, local and federal permits must be
attached to the application or provided upon issue.
G.
Insurance. Operator/applicant and/or its contractors shall as part
of the conditional use furnish to the Township a certificate of liability
insurance naming the Township as an additional insured. With respect
to operations conducted within the Township and showing liability
insurance covering commercial, personal injury, and general liability
in the amounts not less than $25,000,000 per person, $25,000,000 per
occurrence, and $25,000,000 property damage. The operator/applicant
shall fully defend, protect, indemnify, and hold harmless the Township,
its departments, agents, officers, employees, or volunteers from and
against such and every claim, except for those claims relating to
any negligent, willful or intentional acts of the Township, its department,
agents, officers, employees, or volunteers. The insurance coverage
may consist of a combination of self-insurance, excess coverage and
umbrella coverage. The Township reserves the right to approve said
coverage.
H.
On-Site Trailers. Information on the number of trailers anticipated
to be located at the site, including essential work trailers and workers'
bunk trailers.
I.
Review Hearings. The operator of an oil and gas development shall
meet with the Township annually to discuss new technology, operation
procedures, and any community concerns. If the Township deems necessary,
after working with the operator, a public meeting may be scheduled
to respond to questions from Township residents.
[3]
Editor's Note: Section 13, Future Development Activities, of this ordinance provided as follows: "The oil and gas industry is constantly changing, with new technologies and operations occurring at a rapid pace. The continuous change involved in this industry makes it difficult for the Township to amend its ordinances and regulations to cover every possible activity involved in oil and gas development. The operations and activities related to oil and gas development typically involve the use of potentially hazardous chemicals, heavy industrial equipment, increased truck traffic and noise, which if left unregulated could seriously threaten the public health, safety and welfare of the residents and all premises within the Township. Furthermore, the Township has a duty to regulate oil and gas development in a manner so as to protect local public natural resources (including surface water and groundwater and air) as required by the Environmental Rights Amendment. Therefore, the Township believes it to be necessary to enact a provision that requires any oil and gas development and related activities that are not specifically provided for or defined in this chapter or in the Township Code to apply for conditional use approval subject to the provisions contained in §§ 1101, Subsection 5, and 1103, Subsection 45, herein, as well as any additional conditions set by the Township Board of Supervisors."
[Ord. 2007-2, 5/22/2007]
In addition to the specific standards and criteria listed for
each use in § 1103 below, all applications for conditional
uses and uses by special exception listed in each zoning district
shall demonstrate compliance with all of the following general standards
and criteria:
A.
The use shall not endanger the public health, safety or welfare nor
deteriorate the environment as a result of being located on the property
where it is proposed.
B.
The use shall comply with the performance standards of § 1201
of this chapter.
D.
Ingress, egress and traffic circulation on the property shall be
designed to ensure safety and access by emergency vehicles and to
minimize congestion and the impact on local streets.
E.
Outdoor lighting, if proposed, shall be shielded and reflected away
from residential properties and public streets.
F.
For all uses that are subject to the requirements of the Americans
with Disabilities Act (ADA), the applicant shall certify that all
applicable Americans with Disabilities Act (ADA) requirements have
been met in the design.
[Ord. 2007-2, 5/22/2007; as amended by Ord. 2009-6, 8/20/2009;
by Ord. 2010-3, 9/1/2010; and by Ord. 2010-4, 11/8/2010, § 4]
In addition to the general standards and criteria for all conditional
uses and uses by special exception listed in § 1102 above,
an application for any of the following uses that are listed in any
zoning district as a conditional use or use by special exception shall
comply with the applicable standards and criteria specified below
for that use:
1.
Adult business, subject to:
A.
Adult businesses shall only be permitted in the I-1 Industrial District.
Adult businesses shall not be permitted in any other zoning district.
C.
An adult business shall not be located within 1,000 feet of a church,
public or private pre-elementary, elementary or secondary school,
public library, day-care center or preschool facility, or public park
adjacent to any property located in a C-D, A-1, R-1 or R-V District,
measured in a straight line from the nearest portion of the building
or structure containing the adult business to the nearest property
line of the premises of any of the above-listed uses.
D.
An adult business shall not be located within 1,000 feet of any other
adult business, measured in a straight line from the closest exterior
wall of the building or structure in which each adult business is
located.
E.
No more than one adult business shall be located in the same building,
structure or portion thereof, nor shall any adult business increase
its floor area into any building, structure or portion thereof containing
another adult business.
F.
An adult business lawfully operating as a conforming use shall not
be rendered a nonconforming use, subsequent to the grant or renewal
of the adult business permit, by the location of a church, public
or private pre-elementary, elementary or secondary school, public
library, day-care center or nursery school or public park within 1,000
feet. This provision applies only to the renewal of a valid permit
and shall not apply when an application for a permit is submitted
after a permit has expired or has been revoked.
G.
Any adult business, other than an adult motel, that exhibits on the
premises, in a viewing room (a separate compartment or cubicle) of
less than 150 square feet of floor space, a film or videocassette
or other video or image production or reproduction that depicts nudity
or sexual conduct, as defined herein, shall comply with the following:
(1)
At least one employee shall be on duty and shall be situated
in each manager's station at all times that any patron is present
inside the premises.
(2)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding restrooms. Restrooms shall not contain video reproduction
or viewing equipment. If the premises has two or more manager's stations
designated, then the interior of the premises shall be configured
in such a manner that there is unobstructed view of each area of the
premises to which any patron is permitted access for any purpose from
at least one of the manager's stations. The view required in this
subsection shall be by direct line of sight from the manager's station.
(3)
It shall be the duty of the owners and operators and any agents
and employees present on the premises to ensure that the viewing area
remains unobstructed by any doors, walls, merchandise, display racks
or other materials at all times and to ensure that no patron is permitted
access to any area of the premises that has been designated in the
application submitted to the Township as an area in which patrons
will not be permitted.
(4)
No viewing booth shall be occupied by more than one person at
any time. No connections or openings to an adjoining viewing room
shall be permitted.
(5)
All viewing booths shall have at least one side fully open so
that all of the area inside the booth is open to the view of persons
in the public area of the establishment.
(6)
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place in which patrons
are permitted access at an illumination of not less than five footcandles,
as measured at the floor level. It shall be the duty of the owners
and operators and any agents and employees present on the premises
to ensure that the illumination is maintained at all times that any
patron is present on the premises.
(7)
If live performances are to be given, the premises in which
such live performances are to be offered shall contain a stage separated
from the viewing area, and the viewing area shall not be accessible
to the performers, nor shall the performers have easy access to the
viewers present.
(8)
Liquor or intoxicating beverages shall not be sold on the premises
for which the permit is sought.
2.
Airport, subject to:
A.
The minimum site required for an airport shall be 50 acres.
B.
The application shall show the following information:
(1)
The approximate location, use and height of all structures within
2,600 linear feet of the ends of landing strips and within 1,200 linear
feet of the side of landing strips.
(2)
The exact location of landing strips and the use and height
of structures on the immediate property.
(3)
The anticipated types of aircraft to be accommodated and the
volume of activity contemplated.
(4)
Plans for lighting and fuel handling.
(5)
Copies of required approvals from all State and Federal agencies
responsible for regulation of aircraft and aircraft facility operations.
C.
Lighting shall be shielded away from adjacent properties and streets.
D.
The applicant shall submit a report from a reputable acoustic or
aviation consultant showing the computer prediction model developed
by the Federal Aviation Administration (FAA) referred to in 14 C.F.R.,
Part 150, § A150.103.
E.
The applicant shall submit proof of ownership of liability insurance
in an amount not less than $5,000,000 for any one accident or occurrence.
F.
No takeoffs or landings shall occur between the hours of 9:00 p.m.
and 6:00 a.m.
3.
Animal hospital, subject to:
A.
In the B-1 District, the minimum lot area required for an animal
hospital shall be 10,000 square feet, and no outdoor runs shall be
permitted. In the A-1 District, the minimum lot area required for
an animal hospital with an outdoor kennel or outdoor runs shall be
five acres. In the A-1 District, the minimum lot area for an animal
hospital without an outdoor kennel or outdoor runs shall be two acres.
B.
All outdoor kennels or runs shall be constructed for easy cleaning
and shall be adequately secured by a fence with self-latching gate.
C.
Outdoor kennels shall be located at least 300 feet from any property
line adjoining property located in any C-D, A-1, R-1 or R-V District
and at least 50 feet from any other property line.
D.
In the B-1 District, overnight boarding of animals, other than for
medical supervision, shall not be permitted.
E.
In the A-1 District, overnight boarding of animals shall be permitted
if the animals are housed overnight within a completely enclosed building,
as defined herein.
F.
Kennels associated with animal hospitals shall be licensed by the
Commonwealth and shall continue to maintain a valid license throughout
their operation. Any suspension of the license shall be a violation
of this chapter and shall be subject to the enforcement provisions
of § 1701 of this chapter.
G.
Odors shall be controlled so as to comply with the performance standards
of § 1201 of this chapter.
4.
Apartment in combination with business, subject to:
A.
Dwelling units shall not be located on the street floor of the building.
B.
Dwelling units shall have a minimum habitable floor area of 800 square
feet.
C.
Dwelling units in basements or accessory garages shall not be permitted.
D.
Each dwelling unit shall have a separate entrance that does not require
passing through any area devoted to office or retail use.
E.
One and one-half off-street parking spaces shall be provided for
each dwelling unit. Shared parking for residential and commercial
uses shall not be permitted.
5.
Bed-and-breakfast, subject to:
A.
In the R-V District, the minimum lot area for a bed-and-breakfast
shall be 10,000 square feet. In all other districts where a bed-and-breakfast
is authorized, the minimum lot area shall be one acre.
B.
There shall be full-time on-site supervision when the bed-and-breakfast
is operating.
C.
No meals, other than breakfast, shall be served on the premises.
Food may be prepared on the premises for consumption off the premises
by overnight guests. Food shall not be served to any customers who
are not overnight guests.
D.
The maximum length of stay for any guest shall be 14 consecutive
days or no more than 30 cumulative days in a calendar year.
E.
The maximum number of sleeping rooms shall be four rooms.
F.
In addition to the parking required for the dwelling, one parking
space shall be required for each sleeping room offered to overnight
guests.
G.
Off-street parking shall not be located in any minimum required front or side yard. Parking shall be screened from adjoining properties in an R-1 or R-V District by Buffer Area C, as described in § 1202, Subsection 1, of this chapter.
H.
One identification sign shall be permitted, and such sign may either
be attached to the wall of the dwelling or may be freestanding in
the front yard, provided that the surface area of any sign shall not
exceed six square feet, the height of any freestanding sign shall
not exceed four feet and the freestanding sign shall be located at
least 10 feet from any property line.
6.
Billboards, subject to:
A.
All billboards shall be subject to the express standards and criteria
contained in § 1406 of this chapter.
7.
Car wash, subject to:
A.
All automated washing facilities shall be in a completely enclosed
building, as defined by this chapter. All other car washing facilities
shall be under a roofed structure that has at least two walls.
B.
Drainage water from the washing operation shall be controlled so
that it does not flow or drain onto berms, streets or other property.
C.
Standing spaces shall be provided in accordance with the requirements
specified in § 1206 for drive-through businesses.
D.
The facility shall be connected to a sanitary sewer system approved
by the Pennsylvania Department of Environmental Protection (PA DEP).
E.
Driveway entrances shall be located at least 30 feet from the right-of-way
line of the intersection of any public streets.
8.
Cemetery, subject to:
A.
The minimum site required for a cemetery shall be 10 acres.
B.
A drainage plan shall be submitted with the application for the use
showing existing and proposed runoff characteristics.
C.
A groundwater study certified by a hydrologist or registered engineer
qualified to perform such studies shall be submitted with the application
that demonstrates that the proposed cemetery will not have a negative
impact on the groundwater.
D.
Plans for ingress/egress to the site shall be referred to the Township
Police Chief for comments regarding public safety.
E.
Buffer Area B, as described in § 1202, Subsection 1, of this chapter, shall be provided along any property line adjoining an existing dwelling for the distance necessary to screen the dwelling and its rear yard.
F.
Parking for principal structures, such as chapels or mausoleums,
shall be provided in accordance with the requirements for indoor places
of assembly specified in Part 13.
G.
All maintenance equipment shall be properly stored in an enclosed
building when not in use.
H.
Burial sites or burial structures shall not be located within 25
feet of any property line.
9.
Communications tower, subject to:
A.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission (FCC) to operate a communications tower.
B.
Any applicant proposing a new freestanding communications tower shall
demonstrate that a good-faith effort has been made to obtain permission
to mount the antenna on an existing building or other structure or
an existing commercial communications tower. A good-faith effort shall
require that all owners within a one-quarter-mile radius of the proposed
site be contacted and that one or more of the following reasons for
not selecting an alternative existing building or communications tower
or other structure apply:
(1)
The proposed equipment would exceed the structural capacity
of the existing building, communications tower or other structure
and reinforcement of the existing building, tower or other structure
cannot be accomplished at a reasonable cost.
(2)
The proposed equipment would cause RF (radio frequency) interference
with other existing or proposed equipment for that building, tower
or other structure and the interference cannot be prevented at a reasonable
cost.
(3)
Existing buildings, communications towers or public utility
structures do not have adequate space to accommodate the proposed
equipment.
(4)
Addition of the proposed equipment would result in NIER (non-ionizing
electromagnetic radiation) levels that exceed any adopted local, Federal
or State emission standard.
C.
The applicant shall submit certification from a Pennsylvania registered
professional engineer that the proposed communications tower will
be designed and constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association, and applicable requirements of the Uniform Construction
Code.
D.
The applicant shall demonstrate that the proposed tower structure
is safe and that surrounding areas will not be negatively affected
by tower structure failure, falling ice or other debris.
E.
All guy wires and guyed towers shall be clearly marked so as to be
visible at all times and shall be located within the fenced enclosure.
F.
The tower structure or the entire property on which the tower structure
is located shall be completely enclosed by a six-foot-high chain-link
fence with self-latching gate to limit accessibility to the general
public.
G.
All tower structures shall be fitted with anti-climbing devices as
approved by the manufacturer for the type of installation proposed.
H.
All antennas and tower structures shall be subject to all applicable
Federal Aviation Administration (FAA) and airport zoning regulations.
I.
No sign or other structure shall be mounted on the tower structure,
except as may be required or approved by the FCC, FAA or other governmental
agency.
J.
One parking space shall be provided for periodic visits by maintenance
workers.
K.
No antenna or tower structure shall be illuminated, except as may
be required by the Federal Aviation Administration (FAA) or the Federal
Communications Commission (FCC).
L.
The maximum height of any communications tower shall be 200 feet;
provided, however, that such height may be increased to no more than
300 feet, provided that the required setbacks from adjoining property
lines (not lease lines) are increased by one foot for each one foot
of height in excess of 200 feet.
M.
The foundation and base of any communications tower shall be set
back from a property line (not lease line) adjacent to an A-1, R-1
or R-V District at least 200 feet and shall be set back from any other
property line (not lease line) at least 100 feet.
N.
The base of a communications tower shall be landscaped so as to screen
the foundation and base and communications equipment building from
abutting properties.
O.
The communications equipment building shall comply with all required
yard (measured from the lease line) and height requirements of the
applicable zoning district for an accessory structure.
P.
Access shall be provided to the communications tower and communications
equipment building by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a dust-free, all-weather
surface for its entire length.
Q.
The site of a communications tower shall be secured by a fence with
a maximum height of eight feet to limit accessibility by the general
public.
R.
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
for the operator of the communications tower; and 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 communications tower
and communications antenna.
S.
Recording of a plat of subdivision or land development shall not
be required for a lease parcel on which a communications tower is
proposed to be constructed, provided that the communications equipment
building is unmanned.
T.
If a communications tower remains unused for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the communications
tower within six months of the expiration of such twelve-month period.
10.
Comparable uses not specifically listed, subject to:
A.
Uses of the same general character as any of the uses authorized
as permitted uses by right, conditional uses or uses by special exception
in the zoning district in which the property is located shall be allowed
if the Zoning Hearing Board determines that the impact of the proposed
use on the environment and adjacent streets and properties is equal
to or less than any use specifically listed in the zoning district.
In making such determination, the Zoning Hearing Board shall consider
the following characteristics of the proposed use:
B.
The number of employees.
(1)
The floor area of the building or gross area of the lot devoted
to the proposed use.
(2)
The type of products, materials and equipment and/or processes
involved in the proposed use.
(3)
The magnitude of walk-in trade.
(4)
The traffic and environmental impacts and the ability of the
proposed use to comply with the performance standards of § 1201
of this chapter.
C.
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
D.
The proposed use shall comply with any applicable express standards
and criteria specified in this Part for the most nearly comparable
use by special exception or conditional use listed in the zoning district
in which the comparable use is proposed.
E.
Regardless whether the proposed use is determined by the Zoning Hearing
Board to be most nearly comparable to a permitted use, conditional
use or use by special exception, the Zoning Hearing Board shall review
the proposed use as a use by special exception and shall act on the
proposed development plan.
F.
The proposed use shall be consistent with the purpose statement for
the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
11.
Contractor's yard in the B-1 District, subject to:
A.
The minimum site area shall be two acres.
B.
The maximum height of any stacked materials stored outside a completely
enclosed building shall be 10 feet.
C.
All loose materials, such as aggregates, sand, mulch, topsoil, compost
and similar materials, stored outside a completely enclosed building
shall be contained in bins.
D.
The perimeter of the outside storage yard, including any bins, shall
be completely enclosed by a six-foot-high fence with gate.
E.
The outside storage yard shall be located to the rear and/or sides
of the building, provided that the storage area is at least 10 feet
from any side or rear property line. The outside storage yard shall
not be located in the area between the front lot line and the front
building line.
F.
If there is an existing dwelling on adjacent property, any outside
storage yard within 25 feet of the common property line shall be screened
along that common property line by a solid wall, compact hedge or
opaque fence that is no less than four feet but no more than six feet
in height.
G.
There shall be no outside storage of any inoperable vehicles or equipment
or any unlicensed vehicles.
H.
The outside storage area shall be maintained so as to not harbor
rodents, create standing water or stormwater runoff or otherwise constitute
a nuisance or menace to the public health or safety.
12.
Day-care center or preschool facility, subject to:
A.
The facility shall be registered with or licensed by the Commonwealth,
if applicable.
B.
In the A-1 and R-1 Zoning Districts, the facility shall be permitted
to be located only in a church or school.
C.
Outdoor play areas shall be provided that shall have a minimum area
of 65 square feet per child and that shall be secured by a fence with
self-latching gate.
D.
Outdoor play areas that adjoin residential lots shall be screened by Buffer Area C, as defined by § 1202, Subsection 1, of this chapter, along any property line that adjoins an existing dwelling.
E.
The general safety of the property proposed for a day-care center
or preschool facility shall meet the needs of small children.
13.
Equestrian center, subject to:
A.
The minimum site required shall be 50 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
Off-street parking shall be provided based on the following ratios:
(1)
One space for each horse stall.
(2)
One space for each three seats or for each 80 linear inches
of bleachers in the arena.
(3)
One space for each caretaker's dwelling.
(4)
One space for each 300 square feet of gross floor area devoted
to office use.
(5)
One space for each sleeping unit in a lodge, inn or bed-and-breakfast.
D.
At a minimum, the Board of Supervisors may approve off-street parking areas that are proposed to be improved with a dust-free, all-weather surface, depending on the number of parking spaces and the frequency of use of the facility; however, the Board of Supervisors may require that some or all of the off-street parking areas be paved in accordance with the requirements of Part 13 of this chapter, depending on the number of spaces and the frequency of use of the facility.
E.
The driveways leading from the public street to the off-street parking
areas and the equestrian facilities shall be paved.
F.
Oversize parking spaces shall be provided to accommodate horse trailers
and recreational vehicles. These designated spaces shall be separate
from the off-street parking provided for spectators.
G.
Off-street parking areas shall be located at least 200 feet from
any property line adjoining property in a C-D, A-1, R-1 or R-V District.
H.
The applicant shall submit a traffic study, as defined herein.
I.
Bridle paths shall be located at least 50 feet from any property
line.
J.
Indoor riding arenas, outdoor riding rings and outdoor riding arenas
shall be located at least 300 feet from any property line adjoining
property in a C-D, A-1, R-1 or R-V District.
K.
There shall be no retail display or sales area on the site; however,
retail sales of riding equipment and clothing may be offered to participants
using catalogs or samples, provided that orders are delivered directly
to the purchaser. (Note: Retail sales can be conducted on B-1 property.)
L.
If camping or other overnight accommodations are proposed on the
site, sanitary facilities shall be provided.
M.
The use of the indoor or outdoor arenas shall be limited to equestrian
events and agricultural exhibits and activities; provided, however,
that no more than 15% of the total number of events in a calendar
year that are not agricultural in character, such as car shows, antique
shows, flea markets and similar activities, may be nonagricultural
in character.
N.
No outdoor speakers shall be permitted.
O.
Outdoor lighting, if any, shall be limited to security lighting for
the parking areas and building perimeters.
P.
The use shall be subject to the performance standards of § 1201
of this chapter.
14.
Family day-care home, subject to:
A.
An adequate outdoor play area shall be provided and shall be secured
by a fence with self-latching gate. Such play area shall be screened
along any property line that adjoins an existing dwelling by a minimum
four-foot-high compact, dense evergreen hedge or opaque fence.
B.
Outdoor play areas shall have a minimum area of 400 square feet.
C.
A safe area shall be provided for dropping off and picking up children
that does not obstruct the free flow of traffic on any public street.
D.
The family day-care home shall be licensed by, or approved by, the
Commonwealth, as required by the laws of the Commonwealth, and continued
compliance with the license or approval and all applicable laws of
the Commonwealth shall be maintained throughout the operation of the
family day-care home.
15.
Funeral home, subject to:
A.
The minimum lot area for a funeral home shall be 40,000 square feet.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined herein.
C.
All off-street parking areas that adjoin properties in an A-1, R-1
or R-V District shall be screened by a six-foot-high dense, compact
evergreen hedge.
D.
Traffic circulation on the lot shall be designed to minimize congestion
and provide for the lining up of vehicles on the property without
obstructing the free flow of traffic on adjoining streets or alleys.
16.
Garden apartments or townhouses, subject to:
A.
The minimum site required to construct garden apartments or townhouses
shall be one-half acre or 21,780 square feet.
B.
The maximum dwelling unit density shall be six units per acre.
C.
The minimum required setbacks shall be as follows:
|
Yard
|
Setback
| |
|---|---|---|
|
Front yard
|
35 feet
| |
|
Side yard
| ||
|
Adjoining single-family dwelling
|
35 feet
| |
|
All others
|
10 feet
| |
|
Rear yard
| ||
|
Adjoining single-family dwelling
|
35 feet
| |
|
All others
|
25 feet
| |
|
All other area and bulk regulations of § 702 shall
apply.
| ||
D.
All parking areas adjacent to property containing a single-family dwelling shall be screened by Buffer Area C, as described in § 1202, Subsection 1, of this chapter, for a distance sufficient to screen the dwelling and its rear yard.
E.
All portions of the property not covered by buildings, driveways,
parking and recreation facilities shall be suitably landscaped with
grass, ground cover and decorative shrubs or trees.
F.
The design and orientation of the buildings on the property shall
take into account compatibility with and visual impact on adjacent
single-family residential properties.
G.
On lots containing more than 24 dwelling units, indoor or outdoor
recreational facilities appropriate to the needs of the residents
shall be provided.
17.
Golf course or golf or country club, subject to:
A.
Golf courses and golf or country clubs shall have a minimum site
of 30 acres; driving ranges and putting courses shall have a minimum
site of five acres.
B.
Clubhouses shall be located at least 100 feet from any property line
adjoining property in any A-1, R-1 or R-V District and at least 50
feet from all other property lines.
C.
The clubhouse and all parking areas shall be screened from any existing dwelling on adjoining property by Buffer Area B, as described in § 1202, Subsection 1, of this chapter, for a distance sufficient to screen the building and parking areas from the dwelling and its rear yard.
D.
Where eating and/or drinking facilities are provided, parking requirements
for restaurants shall apply in addition to the parking requirements
for golf courses.
E.
Where a swimming pool is provided, parking requirements for swimming
pools shall apply in addition to the parking requirements for golf
courses.
F.
Outdoor operations shall be discontinued between the hours of 11:00
p.m. and 6:00 a.m.
G.
Any driving range that is proposed to be illuminated shall provide
a photometric plan and cross-sections showing impacts on adjoining
properties and shall be subject to testing after installation to show
compliance with § 1201E of this chapter governing glare.
H.
The backstop for any driving range shall be buffered from dwellings
on adjacent properties using a combination of landscaping, earthen
mounding and natural materials to minimize the visual impact.
18.
Home occupation, subject to:
A.
The home occupation shall be carried on by a member of the family
residing in the dwelling unit. In the A-1 and R-1 Districts, only
one person who is not a resident of the dwelling unit shall be employed
in the dwelling unit. In the R-V District, no one who is not a resident
of the dwelling unit shall be employed in the dwelling unit.
B.
In the R-1 and R-V Districts, the home occupation shall be carried
on wholly within the principal dwelling, and the home occupation shall
not be conducted in any accessory structure. In the A-1 District,
the home occupation may be carried on in the principal dwelling and/or
in an accessory structure.
C.
If the home occupation is conducted in the dwelling, no more than
25% of the gross floor area of the principal dwelling shall be devoted
to the conduct of the home occupation. If the home occupation is conducted
in an accessory structure, the floor area devoted to the home occupation
shall not exceed 25% of the gross floor area of the principal dwelling.
D.
There shall be no on-site production of articles for sale in the
home occupation, other than customary handicrafts made by the resident,
that may be produced for sale off the premises. Such articles shall
not be displayed in quantity for sale on the premises, except that
samples may be kept for the purpose of accepting orders.
E.
There shall be no display on the premises of merchandise available
for sale that has been produced off the premises; however, merchandise
may be stored on the premises for delivery off the premises, such
as Amway, Tupperware or similar products stored for distribution to
customers or salespersons at their residence or place of business.
F.
There shall be no exterior displays or signs, either on or off the
premises, other than a small identification sign as authorized by
§ 1403F of this chapter.
G.
The use shall not require internal or external alterations or construction
features that are not customary to a dwelling or that change the fire
rating of the structure.
H.
Objectionable noise, vibration, smoke, dust, electrical disturbance,
odors, heat or glare shall not be produced. The use shall comply with
the performance standards of § 1201 of this chapter.
I.
The use shall not significantly intensify vehicular or pedestrian
traffic beyond that which is normal for the residences in the neighborhood.
J.
There shall be no use of materials or equipment except that of similar
power and type normally used in a residential dwelling for domestic
or household purposes.
K.
The use shall not cause an increase in the use of public safety or
any other municipal services beyond that which is normal for the residences
in the neighborhood.
L.
In the R-1 and R-V Districts, the home occupation shall not involve
the use of commercial vehicles for regular delivery of materials to
or from the premises, and commercial vehicles shall not be parked
on the premises. In all other districts, the Zoning Hearing Board
shall determine the appropriateness of the number and type of vehicles
to be used for delivery and/or conduct of the home occupation, considering
usual traffic patterns in the area.
M.
There shall be no storage of materials or equipment used in the home
occupation outside a completely enclosed building, as defined herein.
N.
Any home occupation where customers, clients or students routinely
visit the premises shall provide a dust-free, all-weather off-street
parking area in accordance with the requirements of Part 13 for the
specific use in addition to the spaces required for the dwelling.
O.
The following are examples of permitted home occupations, provided
that all of the foregoing criteria are met:
(1)
Beauty shop or barbershop containing only one or two chairs.
(2)
Artist, photographer or handicrafts studio.
(3)
Catering off the premises.
(4)
Contracting business.
(5)
Computer programmer, data processor or writer.
(6)
Consultant, clergy, counselor, bookkeeping, accounting, graphics
or drafting services.
(7)
Dressmaker or tailor.
(8)
Professional offices that involve routine visitation by customers
or clients.
(9)
Housekeeping or custodial services.
(10)
Interior designer.
(11)
Jewelry and/or watch repair, not including wholesale or retail
sales.
(12)
(12) Lawnmower and small engine repair in the A-1 District only.
(13)
Locksmith.
(14)
Mail-order business.
(15)
Manufacturer's representative.
(16)
Repair of small household appliances that can be hand-carried
in the A-1 District only.
(17)
Telemarketing.
(18)
Travel agent.
(19)
Tutoring or any other instruction to no more than five students
at any one time.
(20)
Word processing, typing or secretarial services.
P.
The following uses shall not be considered home occupations and shall
be restricted to the zoning districts in which they are specifically
authorized as permitted uses, conditional uses or uses by special
exception, including but not limited to:
(1)
Beauty shops or barbershops containing more than two chairs.
(2)
Blacksmith or metalworking.
(3)
Boarding stables.
(4)
Clinics, hospitals or nursing homes.
(5)
Funeral homes.
(6)
Group-care facility, personal-care boarding home or transitional
dwelling.
(7)
Kennels, veterinary offices and clinics.
(8)
Private clubs.
(9)
Private instruction to more than five students at a time.
(10)
Restaurants or tearooms.
(11)
Retail or wholesale sales or flea markets.
(12)
Tanning or massage salon.
(13)
Tourist or boarding home, other than bed-and-breakfast.
(14)
Vehicle or equipment rental, repair or sales.
(15)
Vehicle repair garages.
Q.
The acceptability of a home occupation not specifically listed in § 1103, Subsection 18P, shall be determined by the Zoning Hearing Board in accordance with the express standards and criteria specified in § 1103, Subsection 18A through O. Any person aggrieved by the decision of the Zoning Hearing Board may appeal that decision to the Washington County Court of Common Pleas within 30 days of the date of the decision approving or denying the use by special exception for the home occupation.
19.
Hospital, clinic or nursing home, subject to:
A.
The minimum lot area required for a hospital shall be five acres.
The minimum lot area required for a clinic or nursing home shall be
one acre.
B.
The property shall be served by public water and public sewers.
C.
All hospitals and nursing homes shall be licensed by the Commonwealth.
D.
Water pressure and volume shall be adequate for fire protection.
E.
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
F.
The parking and circulation plan shall be referred to the Township
Police Department and the volunteer fire company serving the property
for comments regarding traffic safety and emergency access.
G.
Nursing homes shall have a bed capacity of at least 20 beds but no
more than 200 beds.
H.
All property lines adjoining property in any C-D, A-1, R-1 or R-V District shall be screened by Buffer Area B, as described in § 1202, Subsection 1, of this chapter.
I.
A private-use helipad for air ambulances shall be permitted as part
of a hospital, provided that all of the following criteria are met:
(1)
Helipads shall be located at least 250 feet from any property
line or public street.
(2)
Helipads accessory to a hospital shall be limited to use by
emergency vehicles and health system personnel.
(3)
Evidence of compliance with all applicable regulations of the
Federal Aviation Administration (FAA) and the Pennsylvania Department
of Transportation, Bureau of Aviation, shall be submitted.
(4)
The helicopter landing pad shall be clearly marked with the
insignia commonly recognized to indicate a private-use helipad.
(5)
The helicopter landing pad shall be paved, level and maintained
dirt-free. Rooftop pads shall be free of all loose stone and aggregate.
(6)
An application for a helipad on a roof shall be accompanied
by a certification by a registered engineer that the loads imposed
by the helicopter will be supported by the structure.
(7)
Lighting shall be shielded away from adjacent properties and
streets.
J.
Disposal of medical waste shall be in accordance with all applicable
permits and handling requirements of the Pennsylvania Department of
Environmental Protection (PA DEP) and the U.S. Environmental Protection
Agency (EPA).
20.
Junkyard or salvage yard, subject to:
A.
The minimum site required for a junkyard or salvage yard shall be
20 acres.
B.
The premises shall be maintained so as to not constitute a nuisance
or menace to public health and safety.
C.
No garbage, hazardous materials or hazardous waste, as defined by
Federal statute, or other organic waste shall be stored on the premises.
D.
The handling and disposal of motor oil, battery acid and other substances
regulated by Federal statute and the Pennsylvania Department of Environmental
Protection (PA DEP) shall be in accordance with all permits and requirements
of that agency. Any suspension, revocation or violation of the Pennsylvania
Department of Environmental Protection (PA DEP) permits shall be a
violation of this chapter and shall be subject to the enforcement
provisions of § 1701 of this chapter.
E.
The manner of storage of junk or other materials or equipment on
the site shall facilitate access for fire-fighting, shall prevent
hazards from fire or explosion and shall prevent the accumulation
of stagnant water.
F.
Any salvage yard operation shall comply with the performance standards
of § 1201 of this chapter.
G.
No junk shall be stored or accumulated and no structure shall be
located within 100 feet of any dwelling located off the property or
within 40 feet of any property line or public street.
H.
The premises shall be enclosed by a metal chain-link fence not less than six feet in height, supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection J below.
I.
The fence shall be supplemented with screening material that creates
a visual barrier that is at least 80% opaque.
J.
Buffer Area C, as described in § 1202, Subsection 1, of this chapter, shall be provided along all property lines adjoining property located in any C-D, A-1, R-1 or R-V District where necessary to provide a visual barrier for existing dwellings on immediately adjacent properties.
K.
The site shall be designed utilizing natural topography and/or constructed
earthen mounds so as to obstruct visibility from adjacent public streets
and residential properties that are not immediately adjacent if necessary
to provide a visual barrier to obstruct their line of sight.
L.
The operator shall obtain a license from the Township prior to initiating
operations, which shall be renewable annually upon payment of the
required license fee, established from time to time by resolution
of the Board of Supervisors, and subject to inspection by the Zoning
Officer to determine continuing compliance with these standards.
21.
Landfill, subject to:
A.
The minimum site required for a landfill shall be 100 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
The driveway or haul road entering the site from a public street
shall be paved for a distance of 500 feet from the public street.
D.
A tire-washing station shall be located on the site to service trucks
exiting the facility.
E.
Prior to beginning operations, the operator shall post a bond in
favor of the Township and in a form acceptable to the Township Solicitor
in the amount of $100,000 for each mile of Township road or portion
thereof proposed to be traversed by vehicles traveling to the site.
The term of the bond shall begin on the date that the zoning certificate
is issued. The bond shall be returned to the operator upon completion
of all operations and any backfilling or reconstruction of a damaged
roadway due to weight in excess of the posted weight limits for the
road. Any failure to complete the reconstruction required by this
chapter shall result in forfeiture of the required bond. Those portions
of the Township roads that have been damaged shall be determined by
inspection of the Township Engineer and shall be reconstructed to
current Township specifications for street construction.
F.
Landfill operations shall not be conducted within 200 feet of any
property lines adjoining property located in any C-D, A-1, R-1 or
R-V District.
G.
All property lines adjoining property located in any C-D, A-1, R-1 or R-V District shall be screened by Buffer Area A, as described in § 1202, Subsection 1, of this chapter.
H.
Fencing at least six feet in height shall be provided around any
work area for security and to control windblown refuse.
I.
The applicant shall show compliance with all applicable Federal and
State laws regulating landfills.
J.
The applicant shall obtain the required permits from the Pennsylvania
Department of Environmental Protection (PA DEP) and/or the U.S. Environmental
Protection Agency (EPA) prior to initiating any operation.
K.
The required Federal or State permits shall be maintained throughout
the duration of all operations.
L.
Any suspension or revocation of the required State or Federal permits
shall constitute a violation of this chapter and shall result in the
suspension or revocation of the zoning certificate or enforcement
of the penalty provisions of this chapter, or both.
M.
In January of each year, the operator shall apply to the Zoning Officer
for renewal of the zoning certificate and shall present evidence of
continuing compliance with all conditions of approval and the required
State or Federal permits.
22.
Light manufacturing in the B-1 District, subject to:
A.
The minimum site required shall be one acre.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
All activities shall comply with the performance standards specified
in § 1201 of this chapter.
D.
All operations shall be conducted within a completely enclosed building,
as defined by this chapter, and windows and doors shall remain closed
during operations.
E.
There shall be no storage of vehicles, equipment or materials outside
a completely enclosed building, as defined herein.
F.
The minimum required side or rear yard along all property lines that
adjoin property located in any C-D, A-1, R-1 or R-V District shall
be 50 feet.
G.
Buffer Area C, as described in § 1202, Subsection 1, of this chapter, shall be provided along all property lines that adjoin property located in any C-D, A-1, R-1 or R-V District.
H.
The storage, handling, transportation and disposal of hazardous or
potentially hazardous materials shall be in accordance with all applicable
permits and requirements of the Pennsylvania Department of Environmental
Protection (PA DEP) and the U. S. Environmental Protection Agency
(EPA).
23.
Mineral extraction, subject to:
A.
Removal of minerals encountered during the routine grading of a site
for the purposes of an approved land development or for the construction
of public improvements shall be excluded from these regulations and
the requirement to obtain approval of a conditional use application,
provided that evidence is presented to the Township that all applicable
requirements of the Pennsylvania Department of Environmental Protection
(PA DEP) are met.
B.
There shall be no removal of minerals or vegetative cover within
100 feet of the bank of any stream or natural watercourse identified
on maps prepared by the United States Geologic Survey (USGS).
C.
Mineral removal shall be prohibited in watersheds, rivers or streams
now or hereafter designated by the Pennsylvania Fish Commission as
a "wilderness trout stream," by the Pennsylvania Department of Environmental
Protection (PA DEP) as part of the Scenic Rivers System or designated
under the Federal Wild and Scenic Rivers Act.
D.
No mineral removal shall be conducted within 300 feet of any public
building, school, church, community or institutional building, commercial
building, public park or private recreational area.
E.
No mineral removal shall be conducted within 100 feet of the outside
right-of-way line of any public street, except where access roads
or haulage roads join the right-of-way line and where the appropriate
State or Federal agency having jurisdiction over the conduct of mineral
removal operations shall permit it in accordance with law.
F.
No mineral removal shall be conducted that will adversely affect
any publicly owned park or places included in the National Register
of Historic Sites, unless approved by the governmental agency with
jurisdiction over the park or historic site.
G.
No mineral removal shall be conducted within 100 feet of a cemetery.
H.
No mineral removal shall be conducted within 300 feet of an occupied
dwelling, unless the consent of the owner has been obtained in advance
of the filing of the application for zoning approval.
I.
The applicant shall present expert testimony to demonstrate that
the proposed mineral removal operation will not adversely affect any
of the following:
J.
The applicant shall present expert testimony to demonstrate that
the use of explosives, if proposed, shall not cause injury to any
adjacent structures or shall not substantially diminish underground
water resources.
K.
If blasting is to be undertaken, a seismograph shall be placed on
the site of the operation during all times when blasting is performed,
which shall be monitored by an independent engineering consultant
whose credentials are acceptable to the Township and whose fee is
paid by the applicant.
L.
The applicant shall provide reclamation plans for the site that demonstrate
that the condition of the land after the operation is completed will
allow economically and ecologically productive uses of the type permitted
in the district in which the site is located. Acceptance of the reclamation
plan shall not constitute approval of any aspect of any future development
plan.
M.
The applicant shall show the proposed routes of all trucks to be
utilized for hauling and the estimated weights of those trucks. The
applicant shall show evidence of compliance with designated weight
limits on State, County and Township roads and shall design the hauling
routes for the mineral removal operation to minimize the impact on
local streets within the Township.
N.
The operator shall post a bond in favor of the Township and in a
form acceptable to the Township prior to beginning operations to guarantee
restoration of Township streets that may be damaged during the mineral
removal operations.
O.
Portions of the site where mineral removal operations are conducted
may be required to be fenced or screened, as necessary, to provide
security and protect adjacent properties.
P.
The applicant shall comply with all applicable State and Federal
regulations and shall show evidence of obtaining the required State
and Federal permits, including proof of insurability, before initiating
any work and shall maintain the required permits throughout the duration
of all operations. Any suspension or revocation of the required State
or Federal permits shall constitute a violation of zoning approval
and will result in the suspension or revocation of zoning approval
and/or enforcement of the penalty provisions of this chapter.
Q.
Approval of the conditional use shall expire if work authorized in
the application for the conditional use is not commenced within six
months of the date of approval of the conditional use application
by the Board of Supervisors, unless the applicant submits a written
request for an extension prior to the expiration of the six months
after the date of approval.
R.
Once work is initiated under an approved application for conditional
use, zoning approval shall be valid for a period of one year from
the date of conditional use approval by the Board of Supervisors.
An application for renewal of zoning approval shall be submitted prior
to the expiration of zoning approval and shall be approved by the
Zoning Officer upon demonstration by the applicant that all conditions
of approval of the conditional use and the required Federal and State
permits remain in full force and effect and that the applicant is
diligently pursuing the completion of the mineral removal operation.
S.
During the mineral removal operation, the Township Engineer may inspect
the site at the request of the Board of Supervisors to determine continuing
compliance with these standards and criteria and any conditions of
approval. The cost of inspection by the Township Engineer shall be
borne by the operator.
24.
Mini-warehouse or self-storage building, subject to:
A.
The minimum site area required for a mini-warehouse or self-storage
building shall be two acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
Vehicular access to the site shall be limited to one two-way or two
one-way driveways from each arterial or collector street on which
the site has frontage.
D.
All interior driveways shall be improved with a dust-free, all-weather
surface.
E.
Parking shall be provided in accordance with the following:
(1)
Two spaces for manager's quarters, if any.
(2)
One space for each 25 storage units, which spaces shall be located
near the manager's quarters or office, to be used by prospective customers.
(3)
One space for each 10 storage units, equally distributed throughout
the storage area, to be used by the customers.
F.
Buffer Area A, as described in § 1202, Subsection 1, of this chapter, shall be required along all property lines that adjoin property located in any C-D, A-1, R-1 or R-V District.
G.
The perimeter of the site shall be fenced with a minimum six-foot-high
chain-link fence with self-latching gate. If an outside storage area
is proposed, the fence around the outside storage area shall be supplemented
with screening material that creates a visual barrier that is at least
80% opaque.
H.
The maximum building height shall be 20 feet.
I.
The maximum length of any storage building shall be 200 feet.
J.
The minimum distance between storage buildings shall be 20 feet.
K.
The maximum lot coverage by all buildings shall be 40%.
L.
Office space may be provided that shall not exceed 5% of the total
area devoted to storage.
M.
Storage units shall not be equipped with water or sanitary sewer
service.
N.
No business activity other than rental of storage units shall be
conducted on the premises.
O.
Operations shall be regulated so that nuisances such as visual blight,
glare, noise, blowing debris or dust shall not be created.
P.
Exterior finishes of the storage units shall be compatible with the
character of development on adjoining properties.
Q.
No sign shall be placed on the buildings or on their rooftops.
R.
Both the landlord and the tenants shall be responsible for prevention
of the storage of hazardous materials or substances in the storage
buildings.
S.
For facilities with 50 or more storage units, a minimum of one fire
hydrant shall be provided on the site, subject to approval by the
Township. The facility shall comply with the Township Fire Code.
25.
Mobile home park, subject to:
B.
The minimum site required for a mobile home park shall be five acres.
C.
A minimum setback of 75 feet shall be maintained around the entire perimeter of the site. Within the perimeter setback, Buffer Area B, as described in § 1202, Subsection 1, of this chapter, shall be provided along all property lines adjoining property in the R-1 District.
D.
The site shall be served by public sewers or a system approved by
the Pennsylvania Department of Environmental Protection (PA DEP).
E.
The minimum mobile home lot shall be 7,500 square feet.
F.
The minimum yard requirements for each mobile home lot shall be 25
feet for front yards, 20 feet for rear yards and 10 feet for side
yards. Such yards shall be measured from the perimeter of the mobile
home slab.
H.
Each mobile home lot shall provide two off-street parking spaces.
26.
Mobile home sales, service and storage, subject to:
A.
The minimum site required for mobile home sales, service and storage
shall be five acres.
B.
The site shall have direct access to a street defined as collector
or arterial by this chapter.
C.
No mobile homes or other merchandise shall be displayed outdoors
less than 10 feet from the lot lines of adjacent properties.
D.
The area used for the display of merchandise offered for sale and
the area used for the parking of customer and employee automobiles
shall be continuously maintained in either concrete or asphalt.
E.
Any outdoor display area shall be adequately secured by a fence or
other appropriate means to restrict public access during non-business
hours.
F.
All lights and light poles shall be located and erected in such a
fashion that the closest edge of such structure or equipment shall
be not less than 10 feet from the nearest edge of the street right-of-way
line, and all lights and illumination shall be directed into the sales
area and away from adjoining streets and adjacent lots.
G.
No strings of lights or flags, flashers, or any other display paraphernalia
shall be permitted on the site, on any of the structures or poles
attached thereto, or in or on the merchandise displayed outdoors,
except for such signs otherwise allowed under this chapter.
27.
Noncommercial recreation, subject to:
A.
A minimum lot area of one acre shall be required; however, the minimum
lot area required may be reduced to not less than 12,000 square feet
for public facilities that are located in established neighborhoods
within walking distance of the residents they are intended to serve
and where no off-street parking is proposed for the facility.
B.
All principal structures shall be located at least 30 feet from any
property line.
C.
Buffer Area C, as described in § 1202, Subsection 1, of this chapter, shall be provided where parking for the use or other intensively used facilities, such as ball fields, tennis courts, shelters and the like, are proposed adjacent to any property line adjoining property located in any C-D, A-1, R-1 or R-V District. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential uses or zoning classifications.
D.
The use shall comply with the performance standards of § 1201
of this chapter.
E.
All lighting shall be shielded away from adjoining streets and properties.
F.
Any outdoor facility located within 200 feet of an existing dwelling
shall cease operations at 10:00 p.m.
28.
Compressor stations, processing plants, subject to:
[Amended by Ord. 2015-3, 5/12/2015; and by Ord. 2015-8, 9/21/2015]
A.
Written Summary. The applicant must include a written summary of
how the compressor station or processing plant will operate.
B.
Minimum Lot Size.
(1)
The minimum lot size for a processing plant shall be 100 acres.
Contiguous properties located in either A-1 or I-1 can be combined
to meet the minimum acreage requirements if the properties being combined
are adjoining each other.
(2)
The minimum lot size for a compressor station shall be 20 acres.
C.
Setbacks.
(1)
Five hundred feet from an occupied structure or 200 feet from
the property line, whichever is greater, unless waived by the property
owner.
(2)
Protected Structures (as defined in § 202 herein).
One thousand feet from the edge of the facility's developed area to
the nearest existing protected structure.
(3)
Additional Setbacks. All aboveground equipment, including compressor
engines and any structure in which the compressors are enclosed, must
be set back a minimum of 200 feet from any adjacent property lines.
(4)
A setback reduction variance may be authorized by the Township
Board of Supervisors as part of the conditional use approval process,
provided that the applicant can submit compelling evidence that such
a reduction is absolutely necessary and will not be detrimental to
the purposes of this chapter and includes the necessary waivers from
the impacted property owner(s).
D.
Screening. Subject to the applicable standards of the Zoning District,
the proposed compressor station or processing plant is located in.
(1)
For R-1 and R-V Districts, the Buffer Area A pertaining to buildings,
structures, parking areas and equipment shall apply.
E.
Design Standards.
(1)
Compressors and other power-driven equipment shall utilize electric
motors designed and installed in accordance with the requirements
of NFPA 70. In the event there is insufficient voltage available so
as to power said equipment or there exists reasonable economic and/or
commercial reasons, internal combustion engines may be used, subject
to the same being located in an entirely enclosed structure that otherwise
comports with zoning regulation.
(2)
Compressors stations shall be limited to five electric power
compressors, located within a completely enclosed building, unless
waived by the Township Board of Supervisors. This limitation shall
not apply to processing plants.
(3)
The location and design of structures and site improvements
shall be integrated with the natural color, form, and texture of the
surrounding area to the extent possible.
(4)
No equipment or surplus materials, including the placement of
permanent or movable storage containers or other portable equipment,
shall be stored on the facility. This includes the removal of idle
equipment unnecessary for the operation of such facility.
F.
Building Approval. Building plans must be approved by the designated
Code Inspection Department of the Township and must meet the minimum
safety standards as set forth in the International Building Code (IBC),
Pennsylvania Uniform Construction Code (UCC) or applicable code adopted
by the Township. The Code Enforcement Officer and/or Township Board
of Supervisors shall have the authority to grant waivers to the requirements
if the applicant is able to demonstrate the design and safety measures
meet or exceed those of the IBC, UCC, etc.
G.
Environmental Study. A baseline environmental study shall be conducted
by an approved person or firm for air and noise for quality and emissions
and approved by the DEP.
(1)
Noise monitoring sensors shall be installed at the property
lines of a protected structure located within 2,000 feet of a compressor
station or processing plant to periodically measure noise levels and
sound levels at a protected structure.
(2)
The operator/applicant shall provide the Township with a copy
of the DEP permit.
H.
Spill Containment.
(1)
A spill containment plan shall be provided and designed by a
registered design professional of the Commonwealth of Pennsylvania
and approved by the DEP.
I.
State and Federal Compliance. The applicant shall comply with all
applicable state and federal regulations and shall show evidence of
obtaining the required state and/or federal permits, including proof
of insurability, before initiating any work and maintaining the required
permits throughout the duration of all operations. The applicant shall
notify the Township immediately of any suspension or revocation of
the required state and/or federal permits. Upon notification of said
suspension or revocation, the Township-issued permits will hereby
be deemed suspended or revoked until state and/or federal compliance
is reached.
J.
Expansion. In the event the facility or project is expanded in size,
scope, use, etc., beyond what was included in the initial approval,
the applicant must submit a written request to the Township. The decision
to require a subsequent conditional use hearing will be in the sole
discretion of the Board of Supervisors and will be announced at a
public meeting. Although the Township may not require hearings on
the subsequent conditional use application, the appropriate information
concerning the expansion operations must be submitted. This shall
include, but not be limited to, additional identification of disturbed
areas beyond the scope initially presented, additional facilities
being used on the site that were not included in the initial application
and/or material changes such as different truck routes, access roads,
sound impacts, additional water containment devices, tanks, etc.
K.
Supplemental Regulations. The facility must meet all of the supplemental
regulations of the Township Code of Ordinances, including but not
limited to § 1101, Procedure for Approval (conditional uses),
and § 1102, General Standards. Any and all uses categorized
as conditional uses shall, in addition to the specific conditions
set forth herein and the supplemental regulations of §§ 1101
and 1102 shall also be subject to the general standards contained
in the applicable zoning district(s) and may be further subject to
additional applicable conditions and safeguards as deemed necessary
and appropriate by the Township.
L.
Ordinance 2015-3 adopted May 12, 2015, specifically allows compressor
stations and processing plants as conditional uses in the Residential
Rural District (A-1).
29.
Personal-care boarding home, subject to:
A.
The minimum area and bulk regulations for a personal-care boarding
home shall be the same as those required for a principal use in the
district in which the facility is located.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
In the R-V District, the maximum number of residents housed shall
be eight. In the R-1 District, the maximum number of residents housed
shall be 12.
D.
No personal-care boarding home shall be located within 1,000 feet
of another existing or proposed personal-care boarding home.
E.
Adequate provisions shall be made for access by emergency medical
and fire-fighting vehicles.
F.
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
G.
Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs, and the
area shall be secured by a fence with self-latching gate.
H.
Where applicable, licensing or certification by the sponsoring agency
shall be prerequisite to obtaining a certificate of occupancy, and
a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
30.
Private club, subject to:
A.
Any establishment that includes a restaurant or tavern shall be subject
to the off-street parking requirements of Part 13 for the portion
of the building devoted to the restaurant or tavern use, in addition
to the parking required for the private club.
B.
Any rental of the facility to nonmembers shall require on-site management
and/or security personnel during the event.
C.
Activities on the site and within the building shall comply with
the noise standards specified in § 1201 of this chapter.
31.
Private-use helipad or private landing strip, subject to:
A.
The minimum site required for a private-use helipad or private landing
strip shall be 30 acres.
B.
B. The helipad or landing strip shall be for the personal use of
the property owner only.
C.
The applicant shall present evidence that liability insurance remains
in full force and effect, in the form and amount acceptable to the
Township Solicitor.
D.
No portion of the helipad or landing strip shall be located within
1,000 feet of an existing dwelling on adjacent property.
E.
The helipad or landing strip shall be subject to all applicable regulations
and licenses required by the Federal Aviation Administration and the
Pennsylvania Department of Transportation, Bureau of Aviation.
F.
The approved flight path or paths shall be filed with the Township.
G.
The facility shall be clearly marked with the insignia commonly recognized
to indicate a private-use helipad or landing strip.
H.
Lighting of the helipad or landing strip for night use shall not
be permitted.
I.
No takeoffs or landings shall occur between 9:00 p.m. and 6:00 a.m.
32.
Public parking lot or public parking garage, subject to:
A.
All public parking lots and public parking garages shall be designed
to have direct vehicular access to an arterial or collector street,
as defined by this chapter.
B.
All public parking lots and public parking garages shall be designed
to minimize traffic congestion in the parking lot or within the garage
and for traffic entering or leaving the parking lot or parking garage.
C.
The design of any parking garage proposed to be located on property
that adjoins a C-D, A-1, R-1 or R-V Zoning District shall take into
account the height, visual, light and air impacts on adjoining residences
and shall utilize architectural materials for the exterior walls facing
those residential areas that are compatible with the residential character
of adjoining properties.
D.
Any public parking garage, whether proposed as a principal structure
or an accessory structure, shall comply with the yard requirements
for a principal structure.
33.
Public utility installation/substation(s):
[Amended by Ord. 2015-8, 9/21/2015]
A.
The minimum lot area required for a stand-alone public utility installation/substation
shall be 20,000 square feet.
B.
Maintenance vehicles stored outside a completely enclosed building shall be screened from adjoining property in an R-1 or R-V Zoning District by Buffer Area C, as described in § 1202, Subsection 1.
C.
Outdoor storage of materials or equipment, other than maintenance
vehicles, shall be permitted only if the storage area is completely
enclosed by a minimum six-foot-high fence with locking gate. If the
outdoor storage area is located within 50 feet of a property line
adjoining property in the R-1 or R-V Districts, the storage area shall
be screened by one-hundred-percent opaque screening material placed
in the fencing or by a six-foot-high dense, compact evergreen hedge.
D.
Any area of the building that is used for business offices shall
comply with the applicable parking requirements (of the Township Code).
Any area of the building that is used for storage of material, vehicles
or other equipment shall provide one parking space for each 1,500
square feet of gross floor area devoted to that use.
E.
The facility must be buffered according to the applicable provisions
of the Township Zoning Code in which the facility is located.
34.
Riding academy, subject to:
A.
The minimum site required for a riding academy shall be 10 acres.
B.
The site shall have frontage on an arterial or collector street,
as defined herein, or shall have direct vehicular access to an arterial
or collector street within 2,000 feet of a property boundary.
C.
The applicant for a commercial riding academy shall submit a traffic
study, as defined in § 201.
D.
Adequate parking areas with a dust-free, all-weather surface shall
be provided to accommodate vehicles and horse trailers anticipated
during peak use of the facility.
E.
Parking areas shall be located at least 50 feet from any property
line.
F.
Outdoor lighting, if any, shall be limited to security lighting for
the parking areas and the building perimeter.
G.
Indoor riding arenas and outdoor riding rings or riding arenas shall
be located at least 100 feet from any property line.
H.
Bridle paths shall be located at least 50 feet from any property
line.
I.
No camping or other overnight accommodations shall be permitted on
the site.
J.
There shall be no retail sales area on the site and no display of
merchandise offered for sale on the premises; however, retail sales
of riding equipment and clothing may be offered to participants using
catalogs or samples, provided that orders are delivered direct to
the purchaser.
K.
The use shall be subject to the requirements of § 1208.
35.
Shooting range, subject to:
A.
The minimum site required for an outdoor shooting range shall be
20 acres. The minimum site required for an indoor shooting range shall
be one acre.
B.
The facility shall be designed in accordance with the specifications
established by the National Rifle Association (NRA), and construction
shall be supervised by a representative of the National Rifle Association
(NRA).
C.
Discharging of firearms and archery outdoors shall not be permitted
within 1,000 feet of any existing residence.
D.
Outdoor discharging of firearms shall not be permitted between the
hours of dusk and 8:00 a.m.
E.
Any other outdoor activity within 300 feet of an existing residence
shall cease operations at sunset.
F.
The use shall comply with the performance standards of § 1201
of this chapter.
G.
Two parking spaces shall be provided for each shooting position or
station.
H.
All properties adjoining property located in any C-D, A-1, R-1 or R-V District shall be screened by Buffer Area B, as described in § 1202, Subsection 1, of this chapter.
I.
Outdoor lighting shall be shielded and reflected away from streets
and adjoining properties.
36.
Shopping center, subject to:
A.
The minimum site required for a shopping center shall be five acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
Once the improvements are completed in an approved shopping center,
lots within the approved and recorded shopping center may be sold
and developed as independent entities for any authorized use in the
district.
D.
Only uses permitted by right or authorized as conditional uses or
uses by special exception in the district in which the shopping center
is located shall be permitted in the shopping center.
E.
Buffer Area A shall be provided along all property lines that adjoin
property in the A-1, R-1 or R-V Zoning Districts.
F.
The site plan shall be designed to minimize points of access to the
public street. Shared driveways shall be utilized where feasible,
and cross-easements shall be dedicated for common access, where necessary.
G.
The site shall be planned as a unit, and uniform signage and landscaping
and common parking and loading areas shall be proposed to promote
efficiency and preserve a common design theme.
37.
Sportsmen's club, subject to:
A.
The minimum site required for a sportsmen's club shall be 10 acres.
If the sportsmen's club includes an outdoor shooting range, the minimum
site required shall be 20 acres.
B.
B. If an outdoor shooting range is proposed, the applicant shall demonstrate compliance with the express standards and criteria of § 1103, Subsection 35, of this chapter governing shooting ranges.
C.
There shall be no discharging of firearms outdoors unless the requirements of § 1103, Subsection 35, for an outdoor shooting range are met.
D.
All buildings shall be set back at least 200 feet from any property
line adjoining an existing dwelling.
E.
All activities on the site shall comply with the performance standards
of § 1201 of this chapter.
F.
All off-street parking that adjoins any A-1, R-1 or R-V District shall be screened by Buffer Area C, as described in § 1202, Subsection 1, of this chapter, for the distance necessary to screen the parking from any existing dwelling and its rear yard.
G.
Unless the perimeter of the site is densely wooded, all property lines that adjoin property in any A-1, R-1 or R-V District shall be screened by Buffer Area B, as described in § 1202, Subsection 1, of this chapter, for the distance necessary to screen areas devoted to outdoor activities from the adjacent properties.
H.
Any club that includes a restaurant or tavern shall further be subject
to the off-street parking requirements of Part 13 for the portion
of the building devoted to restaurant or tavern use.
I.
Any use of the facility by nonmembers shall require on-site management
and/or security personnel during the event.
38.
Temporary uses or structures, other than a temporary construction
trailer, model home or sales office, subject to:
A.
Temporary uses, such as festivals, fairs or other similar activities,
sponsored by a governmental, local nonprofit, community or charitable
organization shall be exempt from obtaining zoning approval from the
Zoning Hearing Board, provided that the Zoning Officer determines
compliance with the standards of this section as a condition of issuing
a certificate of occupancy.
B.
Sidewalk sales, carload sales and other special promotions conducted
on the site of an existing retail establishment with the permission
of the landowner for a period of not more than 72 consecutive hours
shall not be subject to the provisions of this section. Any such activity
that exceeds 72 consecutive hours in duration shall be subject to
approval under this section.
D.
Preparation and/or serving of food in an outdoor setting shall be
permitted only if all of the following requirements are met:
(1)
The preparation and serving of food that is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, a certificate of occupancy shall be obtained from the Township Zoning Officer, subject to the applicant demonstrating compliance with the standards and criteria of this § 1103, Subsection 38.38.
(2)
Evidence of an approved permit from the Pennsylvania Department
of Agriculture, Bureau of Food Safety and Laboratory Services, or
its successor agency.
(3)
The preparation and serving of food shall not be permitted on
any vacant lot and shall only be permitted on the site of an existing
business.
(4)
The area used for preparing and serving the food shall not obstruct
any sidewalk or public right-of-way, nor shall it obstruct the free
flow of pedestrian or vehicular traffic on the site or adjoining the
site. On any sidewalk, there shall be maintained a minimum of five
feet of unobstructed width for the passage of pedestrians; and in
the case where there is parallel parking permitted along such sidewalk,
a minimum of four feet adjacent to the curb to permit the discharging
of passengers shall be provided. These required unobstructed areas
on the sidewalk may be combined into one area at least five feet wide
along the curb.
(5)
No noise or odor shall emanate from such outdoor area where
food is prepared and/or served that adversely affects any dwelling
on adjoining property within 300 feet of the outdoor area.
(6)
The area used for preparing and serving food shall not eliminate
the availability of any existing parking spaces on the site.
(7)
The activity shall comply with all applicable requirements of
the Township Fire Code.
(8)
The site intended to be used for the preparation and/or serving
of food shall provide restroom facilities available to the public,
unless the existing business on the site has restroom facilities that
will be available to the public visiting the temporary use.
(9)
The owner of the existing business or the operator of the temporary
use involving the preparation and/or serving of food in an outdoor
setting shall provide the Township with a certificate of insurance,
in an amount at least equal to $2,000,000 per occurrence and $3,000,000
aggregate, indemnifying the Township against any liability resulting
from such use.
E.
Approval of temporary uses or structures shall be granted for a specific
time period not to exceed six months. If continued need for the temporary
use or structure on an annual basis is demonstrated by the applicant,
approval may be granted subject to annual renewal by the Zoning Officer
of the permit for the temporary use or structure, provided that all
conditions of the original approval are maintained.
F.
All temporary uses or structures shall be removed within 10 days
of the expiration of the specific period for which the structure or
use is approved.
G.
All temporary uses or structures that are proposed to be accessible
to the public shall provide off-street parking in accordance with
the requirements of § 1302 for the proposed use.
H.
Vehicular access for all temporary uses or structures that are proposed
to be accessible to the public shall be designed to minimize congestion
on the lot and not impede the free flow of traffic for any other permanent
use or structure on the lot.
I.
All temporary uses or structures proposed to be used as principal
uses or structures shall comply with all area and bulk regulations
of the zoning district in which they are located. All temporary uses
or structures that are proposed to be used as accessory uses or structures
shall comply with the requirements of the zoning district for accessory
structures.
J.
Temporary uses or structures that are authorized for a particular
event shall be removed within 48 hours after the completion of the
event.
K.
Temporary uses or structures that are proposed as principal uses
or structures and that are accessible to the public shall provide
sanitary facilities, unless such facilities accessible to the public
already exist on the lot.
39.
Truck terminal, subject to:
A.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
B.
The site shall not be located within 300 feet of any occupied dwelling,
measured in a straight line along a public street from any site boundary
to the nearest wall of any dwelling or by a straight line drawn from
the rear lot line to the nearest wall of any dwelling.
C.
Ingress, egress and internal traffic circulation shall be designed
to ensure safety and minimize congestion.
D.
Site lighting shall be designed with cutoff luminaires that have
a maximum cutoff angle of 60°. (See illustration of cutoff angle
in Appendix B.[6]) The maximum illumination at any property line shall be
0.2 footcandle.
[6]
Editor's Note: Appendix B is included at the end of this chapter.
E.
All property lines adjoining property in an A-1, R-1 or R-V Zoning District shall be screened by Buffer Area A, as described in § 1202, Subsection 1, of this chapter, for a distance sufficient to screen buildings and parking areas from the adjoining properties.
F.
Off-street parking and loading shall be provided in accordance with the requirements of Part 13 of this chapter.
G.
No shipping or receiving shall be permitted within 300 feet of property
located in an A-1, R-1 or R-V District between the hours of 6:00 p.m.
and 7:00 a.m.
H.
All operations shall comply with the performance standards of § 1201
of this chapter.
40.
Vehicle repair garage, subject to:
A.
Such use shall not be located within 100 feet of any property line
adjoining an R-1 or R-V District or within 50 feet of any residential
dwelling in any other zoning district.
B.
Buffer Area B, as described in § 1202, Subsection 1, of this chapter, shall be provided along all property lines adjoining property in an R-1 or R-V District for an adequate distance along that property line to provide a visual screen for the building and parking.
C.
Storage of parts, dismantled vehicles and vehicles awaiting repair,
including towed vehicles, shall be kept in an enclosed building or
in an outdoor area that is screened by a six-foot-high dense, compact
evergreen hedge or opaque fence. Such parts and vehicles shall not
be stored or dismantled on any public street.
D.
There shall be no more than four vehicles displayed for sale on the
premises at any one time.
F.
The premises shall be kept clean and shall be maintained so as to
not constitute a nuisance or menace to public health or safety.
G.
Storage, handling and disposal of hazardous materials, as defined
by Federal or State statute, shall comply with the current requirements
of the Pennsylvania Department of Environmental Protection (PA DEP)
and the U.S. Environmental Protection Agency (EPA).
41.
Wholesale business, subject to:
A.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
B.
All materials and equipment shall be stored within a completely enclosed
structure or shall be limited to storage in the rear or side yard
if screened from view from the street or adjacent residential properties
by a six-foot-high dense, compact evergreen hedge or opaque fence.
C.
No shipping or receiving shall be permitted within 300 feet of an
existing dwelling in an R-1 or R-V Zoning District between the hours
of 7:00 p.m. and 7:00 a.m.
D.
All shipping and receiving facilities adjoining property in an R-1 or R-V Zoning District shall be screened by Buffer Area B, as described in § 1202, Subsection 1, of this chapter.
E.
The storage or handling of hazardous or potentially hazardous materials
shall not be permitted.
F.
No maintenance or fueling of vehicles shall be permitted on the site.
42.
Wind power generating facility, subject to:
A.
The minimum site required for a wind power generating facility shall
be 10 acres.
B.
Each wind turbine shall be set back from the nearest inhabited dwelling,
school, hospital, church or public building a distance no less than
two times the total height of the tower plus the length of the turbine
blades or 1,000 feet, whichever is greater.
C.
Each wind turbine shall be set back from the nearest property line
a distance no less than 1.1 times the total height of the tower plus
the length of the turbine blades, unless easements are secured from
adjacent property owners.
D.
Each wind turbine shall be set back from the nearest public street
a distance no less than 1.1 times the height of the tower plus the
length of the turbine blades, measured from the nearest right-of-way
of the public street.
E.
Each wind turbine shall be set back from the nearest aboveground
public electric power line or telephone line a distance not less than
1.1 times the total height of the tower plus the length of the turbine
blades, measured from the existing power line or telephone line.
F.
The blade tip of any wind turbine shall have ground clearance at
its lowest point of no less than 75 feet.
G.
Wind turbines shall be painted a non-reflective, non-obtrusive color.
H.
Wind turbines shall not be artificially lighted, except to the extent
required by the Federal Aviation Administration (FAA) or other applicable
authority.
I.
Wind turbines shall not be used for displaying any advertising, except
for the reasonable identification of the manufacturer or operator
of the wind farm.
J.
Electrical controls, control wiring and power lines shall be wireless
or not above ground, except where wind farm collector wiring is brought
together for connection to the transmission or distribution network,
adjacent to that network.
K.
The applicant shall minimize or mitigate any interference with electromagnetic
communications such as radio, television or telephone signals caused
by the wind farm.
L.
Audible noise due to wind farm operations shall not exceed 50 decibels
(50 dBA) for any period of time when measured at any residence, school,
hospital, church or public building existing on the date of conditional
use approval of the wind farm.
M.
In the event that audible noise due to a wind farm operation contains
a steady pure tone, such as a whine, screech or hum, the above standards
for audible noise shall be reduced by five decibels (5 dBA).
N.
Appropriate warning signage shall be placed on wind farm towers,
electrical equipment and wind farm entrances.
O.
Wind turbine towers shall be equipped with anti-climbing devices
for a distance of 15 feet above the ground.
P.
All access doors to wind turbine towers and electrical equipment
shall be kept locked when the site is unattended.
43.
Wind power generating facility, private, subject to:
A.
The minimum site required to install a private wind power generating
facility shall be 10 acres.
B.
The maximum height of a private wind power generating facility shall
be 100 feet.
C.
The applicant shall provide evidence that the proposed height of
the private wind power generating facility does not exceed the height
recommended by the manufacturer or distributor of the system.
D.
The applicant shall comply with all applicable regulations of the
Pennsylvania Public Utility Commission governing generation of electricity
for private use.
E.
The private wind power generating facility generators and alternators
shall be constructed so as to prevent the emission of radio and television
signals. The applicant shall correct any signal disturbance problem
identified after initiation of the operation within 90 days of identification.
F.
The minimum distance between the ground and any protruding blades
utilized on a private wind power generating facility shall be 15 feet,
measured at the lowest point of the arc of the blades.
G.
The lowest point of the arc of the blades utilized on a private wind
power generating facility shall be 10 feet above the height of any
structure located within 150 feet of the base of the private wind
power generating facility.
H.
The supporting tower shall be enclosed by a six-foot-high fence,
unless the tower is fitted with anti-climbing devices for a distance
of 12 feet above the ground.
I.
The applicant shall submit evidence from the manufacturer regarding
the structural integrity of the tower, base and footings and the installation's
ability to withstand expected wind loads.
J.
The private wind power generating facility shall be set back a distance
of 150% of the tower height plus the blade length from any inhabited
dwelling on adjacent property, unless notarized consent of the adjacent
property owner is presented.
K.
The private wind power generating facility shall be set back a distance
of 110% of the height of the tower plus the blade length from all
adjacent property lines.
L.
Private wind power generating facilities shall comply with all applicable
requirements of the Federal Aviation Administration (FAA).
M.
Private wind power generating facilities shall not be artificially
lighted unless required by the Federal Aviation Administration (FAA).
N.
No tower shall have any sign, writing or picture that may be construed
as advertising.
O.
Private wind power generating facility towers shall maintain a galvanized
steel finish, unless Federal Aviation Administration (FAA) standards
require otherwise.
P.
Private wind power generating facilities shall not exceed 60 decibels
(60 dBA), as measured at the closest property line, except during
short-term emergencies such as utility outages and/or severe windstorms.
Q.
A private wind power generating facility that is not used for 12
successive months shall be deemed abandoned and shall be dismantled
and removed from the property at the expense of the property owner
pursuant to an enforcement notice issued in accordance with § 1701
of this chapter.
44.
Recreational vehicle park, subject to:
[Added by Ord. 2013-1, 9/9/2013]
A.
The minimum site required for a recreational vehicle park shall be
three acres.
B.
The minimum berth or parking area assigned to each recreational vehicle
shall be at least 1,500 square feet in area and shall be not less
than 30 feet in width and shall be designed to accommodate one recreational
vehicle and two additional personal vehicles such as a light-duty
truck, automobile, motorcycle, all-terrain vehicle or similar vehicle
used for personal transportation.
C.
A dust-free, all-weather surface shall be provided for all internal
streets, driveways and parking areas in the park.
D.
Sewage treatment, water and electricity shall be provided on the
site. Where public sewers are not available, an on-site system of
sewage disposal approved by the Pennsylvania Department of Environmental
Protection (PA DEP) shall be provided.
E.
Utility hookups for electricity, water and sewage disposal shall
be provided for each berth.
F.
Permanent foundations for the recreational vehicles shall not be
required; however, the berth shall be surfaced with material adequate
to support the weight and maneuvering of the vehicles in all weather
conditions.
G.
Any lot line that adjoins property in an R-1 or R-V Zoning District
shall be screened by Buffer Area A as described in § 1202
of this Chapter.
H.
Recreational vehicles shall not be used as permanent dwelling units.
No individual owner or tenant shall occupy a recreational vehicle
for more than six consecutive months.
I.
Recreational vehicle parks that comprise more than 20 acres shall
provide common facilities such as restrooms, showers, laundry facilities,
picnic areas, fishing areas, ball fields or other outdoor recreation
facilities, campfire areas or similar facilities centrally located
on the site for use.
J.
Approval shall be subject to inspection by the Township Zoning Officer
to determine continuing compliance with these criteria and any conditions
of approval and payment of an annual licensing fee as established
from time to time by resolution of the Board of Supervisors.
45.
Oil and gas development. In addition to the applicable provisions contained in Part 11, § 1100 et seq., and specifically § 1101, Subsection 5, of the Township Zoning Code, an operator desiring to engage in any oil and gas development shall be subject to the following conditions:
[Added by Ord. 2015-8, 9/21/2015[8]]
A.
Minimum Lot Size. The minimum lot size for an oil and gas development
shall be 20 acres. Contiguous properties can be combined to meet the
minimum acreage requirements if the properties being combined are
adjoining each other. All setbacks shall be measured from the exterior
boundary lines of the combined parcel area.
B.
Setbacks. The following setbacks shall apply for oil and gas development
unless specifically stated otherwise:
(1)
Unconventional Well:
(a)
From the well bore to an existing building, unless the owner
of the building provides written consent: 500 feet.
(b)
From the edge of well pad to any solid-blue-lined stream, spring
or body of water as identified on the most current 7 1/2-minute
topographic quadrangle map of the United States Geological Survey:
100 feet.
(c)
From an unconventional well bore to any solid-blue-lined stream,
spring or body of water as identified on the most current 7 1/2-minute
topographic quadrangle map of the United States Geological Survey:
300 feet.
(d)
From an unconventional well bore to wetlands greater than one
acre in area: 300 feet.
(e)
From the edge of the disturbed area of the well pad to wetlands
greater than one acre in area: 100 feet.
(f)
From the edge of the well pad to any protected structure, unless
the owner of the protected structure provides written consent: 1,000
feet.
(2)
Conventional Wellhead:
C.
Sound.
(1)
A sound study may be conducted by the operator prior to any
activity beginning on the site to demonstrate that sound will not
exceed the permitted decibel levels for the applicable zoning district
as set by Township ordinance or the applicable standard imposed by
state or federal law, whichever is less.
(2)
In the event of multiple zoning districts within the Township,
the more-restrictive sound level standards shall govern. In the event
that contiguous properties are combined for the oil and gas development,
the permitted decibel levels shall apply at the exterior boundary
line of the combined parcel area. In the event the operator is unable
to comply with the stated standards, it must put in place measures
that may include, but shall not be limited to:
(a)
Sound Walls/Noise Barriers. The erection of sound walls/noise
barriers to bring the dBa within acceptable levels.
(b)
Enclosure. Enclosure of sound-generating equipment in a sound-reduction
structure that conforms to the character of the zone in which it exists.
All applicable development plans, permits and regulations shall apply
to the enclosure. During normal operations, the structure shall remain
fully enclosed, with all doors and windows remaining closed unless
during times of egress.
(c)
Mufflers. Equipment of internal combustion engine or compressor
with an exhaust muffler or an exhaust box. Said muffler/box shall
be constructed of noncombustible material designed and installed to
suppress sound and disruptive vibrations.
(d)
Obtain a release waiver of the applicable noise requirements
from the owners of the impacted property.
D.
Lighting. The operator shall place lights, to the extent practicable
taking into account safety considerations, at locations so as to avoid
shine directed at public roads, protected structures and adjacent
dwellings and buildings.
E.
Security Measures. Adequate security measures shall be in place at
all times to protect well sites.
F.
Access Roads. Access to any oil and gas development shall be designed
to ensure safety and reduce inconvenience to adjacent properties.
The following shall also apply:
(1)
The access road to the well site, beginning with its intersection
with a paved Township road, shall be paved for the first 100 feet
and the remainder constructed with materials that reasonably minimize
water, sediment or debris carried onto any public road.
(2)
All access roads shall be constructed and maintained to prevent
dust and mud to the surrounding area. The operator, at its discretion,
is to implement reasonable dust abatement measures, during dry weather
conditions, and under no circumstances shall brine water, sulphur
water or water in mixture with any type of hydrocarbon be used for
dust abatement.
G.
Truck Routes.
(1)
The applicant shall submit a road use plan showing the proposed
routes of all trucks to be utilized for hauling equipment, supplies
and the like and the estimated weights of those trucks and the estimated
number of trucks entering and exiting the well site on a daily basis.
In conjunction with the Township, the applicant shall design the hauling
routes to and from the facility to minimize the impact on local roads.
At no time shall any overweight vehicle travel upon any Township roads,
or portion thereof, other than the specified portion of Township roads
for which security has been provided.
(2)
The operator shall also coordinate its truck route with the
local school bus schedules, which shall be provided to the Township
by the operator.
H.
Signage; Site Identification. The well site signage shall comply
with act of February 2, 2012 (P.L. 67, No. 9) (Act 9), codified at
35 Pa.C.S.A. § 7321 (relating to unconventional well 911
emergency response information), as amended.
I.
Operating Times. All site preparation and preproduction activities
on the well site, as well as access road maintenance, site reclamation
activity and other ongoing ancillary activities, shall be permissible
Mondays through Saturdays (with the exception of federal and/or state
holidays) between the applicable hours of operation as set forth in
the Township Code or as otherwise authorized by the Board of Supervisors.
The active drilling phase and completions (hydraulic fracturing) are
exempt from this subsection.
J.
Impoundments. The operator will provide the following information
to the Township where an operator constructs an impoundment within
the Township:
(1)
A copy of the DEP impoundment permit, if applicable, must be
provided at the time of application or when available;
(2)
Chain-link fencing must be installed around any impoundment
and shall be at least eight feet in height;
(3)
Thirty-day advance written notice must be provided when transitioning
from freshwater to reuse water storage, and the applicant must provide
a copy of the revised DEP permit when available;
(4)
The applicant shall provide a copy of the notice of termination
to the Township upon reclamation of the impoundment;
(5)
Any storage of hazardous waste at the impoundment will require
signage in accordance with federal law; and
(6)
Any DEP-reportable spills must be reported to the Township within
24 hours of the incident.
K.
Water Storage. In the event a certified water storage facility (small, medium, large or MLVT) shall be placed on the site, it shall be subject to the provisions contained in § 1103, Subsection 46.46. Separate conditional use approval shall not be required for a certified water storage facility located on site and used as an accessory to an oil and gas development.
L.
Engine and Motor Enclosures. All engines and motors not involved
in the active drilling/fracturing phase but used to facilitate the
movement of gas or regulate the pressure of gas must be enclosed.
M.
On-Site Trailers. The operator must identify the number of temporary
trailers at the well site that accommodate rest and meals for essential
personnel during the drilling phase of operations, and such temporary
trailers are subject to applicable permit fees. Temporary trailers
used to store equipment and used as office space at the well site
are not subject to fees.
N.
Pipeline Information. Any oil or gas pipelines running from the well
site shall be subject to the provisions contained in § 1214
herein.
O.
State and Federal Compliance. The operator shall comply with all
applicable state and federal regulations. The operator shall notify
the Township immediately of any suspension or revocation of the required
state and/or federal permits associated with the well site.
P.
Supplemental Regulations. The facility must meet all of the supplemental regulations of Chapter 27, Zoning, Part 11 (express standards, general standards), and Part 12 (Supplementary Regulations), of the Township Code of Ordinances. Any and all uses categorized as conditional uses, in addition to the specific conditions set forth herein and the supplemental regulations of Parts 11 and 12, shall also be subject to the general standards contained in the applicable zoning district(s) and may be further subject to additional conditions and safeguards as deemed necessary and appropriate by the Township.
(1)
Glare Exemption. The provisions of Chapter 27, § 1201E, Glare, shall not apply to oil and gas development and related operations.
(2)
Height and Lot Coverage Exemption. The provisions pertaining
to height and lot coverage for each zoning district shall not apply
to oil and gas development and related operations.
[8]
Editor's Note: Section 13, Future Development Activities, of this chapter provided as follows: "The oil and gas industry is constantly changing, with new technologies and operations occurring at a rapid pace. The continuous change involved in this industry makes it difficult for the Township to amend its ordinances and regulations to cover every possible activity involved in oil and gas development. The operations and activities related to oil and gas development typically involve the use of potentially hazardous chemicals, heavy industrial equipment, increased truck traffic and noise, which if left unregulated could seriously threaten the public health, safety and welfare of the residents and all premises within the Township. Furthermore, the Township has a duty to regulate oil and gas development in a manner so as to protect local public natural resources (including surface water and groundwater and air) as required by the Environmental Rights Amendment. Therefore, the Township believes it to be necessary to enact a provision that requires any oil and gas development and related activities that are not specifically provided for or defined in this chapter or in the Township Code to apply for conditional use approval subject to the provisions contained in §§ 1101, Subsection 5, and 1103, Subsection 45, herein, as well as any additional conditions set by the Township Board of Supervisors."
46.
Certified water storage facilities (small, medium, large and MLVTs),
subject to:
[Added by Ord. 2015-8, 9/21/2015]
B.
Design Criteria.
(1)
The applicant for a certified water storage facility (small,
medium, large or MLVT) shall provide:
(2)
The applicant for a certified MLVT shall provide:
(a)
Certification that the proposed tanks comply with the design
standards set forth in the American Water Works Association (AWWA)
B-1039 design manual.
(b)
All MLVTs must meet the containment requirements (110%) of Act
13, and a geotechnical report must be obtained certifying that:
(c)
A copy of any required reuse tank permit, WMGR 123-Solid Waste,
from the DEP prior to the operation of the certified MLVT.
C.
Site Plan. A survey/site plan sealed by a licensed professional engineer
or surveyor must be provided indicating water storage location, other
buildings, access roads, setbacks from adjoining property lines and
structures.
D.
Liners. All liners must be welded and tested in accordance with the
applicable ASTM international standards. Any repairs to liners must
be made using acceptable practices and applicable standards.
E.
Filling. The operator or its contractor must supervise initial filling
of all water storage operations and inspect for leaks during filling.
If leaks are observed, filling must cease, the leaks must be repaired,
and the integrity of the tank must be evaluated prior to continuing
to fill. Contractors can observe all future fillings, provided that
they are granted the authority to stop work if unsafe or upset conditions
are observed.
F.
Setbacks. Certified water storage (large and MLVT) shall be 20 feet
from a wellhead, fired vessel, heater, compressor with a rating of
200 horsepower or greater; a separator, well test unit or other nonfired
equipment.
G.
Time Frame. The time period in which the certified water storage
(small, medium, large or MLVT) will be constructed and destructed,
along with use in between the start/finish dates.
H.
Notice. At least seven days prior to a new oil and gas well site
being serviced by a stand-alone certified water storage (small, medium,
large or MLVT), the operator must provide notice to the Township with
updated information, including truck traffic information, truck routes,
etc.
I.
Surface. The surface of the certified water storage (small, medium,
large or MLVT) shall be constructed and designed in a manner that
would reasonably minimize water runoff in the event of a major leak.
J.
Signage; Tank Identification. Signs must be posted at the site of
any certified water storage (small, medium, large or MLVT) to indicate
the contents of the water storage facilities.
K.
Spill Containment.
(1)
A spill containment plan shall be provided.
(2)
Containment shall be provided for indoor facilities.
(3)
If a spill, fire, or other violation of any federal, state or
local law occurs at the drill site or in the Township by the operator
or its subcontractors, the operator shall notify the Township immediately,
in all circumstances, no later than 24 hours after the incident occurred
or, if the incident is ongoing, no later than 24 hours after it began.
L.
Reclamation Procedure. To the best of the operator's/applicant's
knowledge, the operator or applicant shall provide the time frame
for site restoration.
47.
Traffic control site.
[Added by Ord. 2015-8, 9/21/2015]
A.
Notice. The operator shall provide the following notice of a traffic
control site at least 14 days prior to initiating the use:
(1)
Updated truck routing schedule over Township roads;
(2)
Updated compliance with the Township's road maintenance and
bond agreement for the roads to be utilized;
(3)
A location map showing the location of the site in the Township
and the proposed ingress to and egress from the site;
(4)
The anticipated types of vehicles to be accommodated;
(5)
The relevant drilling and related operations schedule/timeline,
if available; and
(6)
Proof of the property owner's consent to the use.
B.
Approval. The required information will be reviewed by the Township
Engineer, and if said traffic control site notice is complete, the
traffic control site will be approved in writing.
48.
Storage depot(s) and truck staging area, subject to:
[Added by Ord. 2015-8, 9/21/2015]
A.
Minimum Lot Area. The minimum lot area required for a site shall
be two acres. A certified survey of the site area must be provided
prior to operations commencing.
B.
Setbacks. The following minimum setbacks must be met from the edge
of any truck staging area (measured from the edge of the parking pad)
unless waived by the owner of the property adjacent to the delineated
setback:
C.
Surface. The surface of the staging area/storage depot shall be designed
in a manner that would reasonably minimize water, sediment or debris
carried onto any public road.
D.
Application Information. In addition to the application requirements
set forth in § 1101, the applicant shall provide:
(1)
A location map showing the location of the site in the Township
and the proposed ingress to and egress from the site.
(2)
The anticipated types of vehicles to be accommodated.
(3)
Applicant/operator must provide a list of materials to be stored
on site to the best of its ability. This list must be provided to
the Township's emergency responders in the event of an incident on
site.
(4)
Copies of any permits or approvals required for the construction
or operation of the storage depot or truck staging area.
F.
The operator must reclaim the site in accordance with state and federal
law.
G.
No garbage, hazardous materials or hazardous waste, as defined by
federal statute, or other organic waste shall be stored on the premises.
H.
A truck staging area may be located on a parcel with other uses as
long as the parcel provides parking for the other uses in accordance
with Part 13 of the Zoning Ordinance, Off-Street Parking and Loading.
49.
Reentry drilling.
[Added by Ord. 2015-8, 9/21/2015]
A.
Notice. The operator shall provide the following notice of reentry
drilling at least 30 days prior to initiating operations at the well
site:
(1)
Written certification that the operator is in compliance with
the conditions contained in the initial conditional use approval;
(2)
Updated truck routing schedule over Township roads;
(3)
Updated compliance with the Township's road maintenance and
bond agreement for the roads to be utilized;
(4)
Updated drilling and related operations schedule/timeline;
(5)
Copies of any new or revised permits and approvals required
for the reentry drilling; and
(6)
Confirmation that operator is not in breach of current conditional
use approval.
B.
Approval. The required information will be reviewed by the Township
Engineer, and if said reentry notice is complete, the reentry drilling
will be approved in writing without the requirement of a supplemental
hearing. The approval shall be a continuance of any previous approval
granted for oil and gas development on the subject property.
C.
Supplemental Hearing. A supplemental hearing will be required if
the reentry drilling includes a material change or includes additional
operations not covered for and/or permitted in the initial approval.
D.
Scope. If required, the conditional use hearing will be limited to
testimony and exhibits explaining the specific operations not covered
by the initial conditional or permitted use approval.
E.
Standards and Criteria. The operator may rely on the conditions set
forth in the original conditional use approval. The Township may not
change or amend the original conditions or ordinance terms concerning
setbacks, well site and/or access road location so long as they do
not adversely affect the health, welfare and safety of the residents.
50.
Reentry-related operations.
[Added by Ord. 2015-8, 9/21/2015]
A.
Application. In addition to the conditional use application material
required in § 1101, the operator shall provide the following:
(1)
Written certification that the operator is in compliance with
the conditions contained in the initial conditional use approval;
(2)
Updated truck routing schedule over Township roads;
(3)
Updated compliance with the Township's road maintenance and
bond agreement for the roads to be utilized;
(4)
Updated drilling and related operations schedule/timeline; and
(5)
Copies of any new or revised permits and approvals required
for the reentry-related operation.
B.
Scope. The conditional use hearing will be limited to testimony and
exhibits explaining the specific related operations not covered by
the initial conditional or permitted use approval.
C.
Standards and Criteria.
(1)
The operator may rely on the conditions set forth in the original
conditional use approval. The Township may not change or amend the
original conditions or ordinance terms concerning setbacks, well site
and/or access road location so long as they do not adversely affect
the health, welfare and safety of the residents.
(2)
The applicant shall demonstrate compliance with the criteria
applicable to the specific proposed reentry-related operation (e.g.,
truck staging area or certified water storage facility).
51.
Academic clinical research centers, subject to:
[Added by Ord. No. 2018-1, 7/16/2018]
A.
Written summary. The applicant must include a written summary of
how the facility will operate and provide a site plan which includes:
B.
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
C.
All external lighting serving an academic clinical research center
must be shielded in such a manner as to not allow light to be emitted
skyward or onto adjoining properties.
D.
A buffer planting is required where an academic clinical research
center adjoins a residential or village district.
52.
Medical marijuana grower/processor, subject to:
[Added by Ord. No. 2018-1, 7/16/2018]
A.
Written summary. The applicant must include a written summary of
how the facility will operate and provide a site plan which includes:
B.
A medical marijuana grower/processor may only grow medical marijuana
in a facility/manner required by and permitted by the DOH. The grower/processor
facility shall not be located in a trailer, cargo container, mobile
or modular unit, mobile home, recreational vehicle or other motor
vehicle unless temporarily provided for as part of the conditional
use approval.
C.
Minimum site acreage shall be 10 acres.
D.
The maximum floor area of a medical marijuana grower/processor shall
be limited to 30,000 square feet, per two acres of land the facility
is located on (with a total floor area not to exceed 120,000) of which
sufficient space (a minimum of 300 square feet unless otherwise set
by the state) must be set aside for secure storage of marijuana seeds,
related finished product, and marijuana-related materials used in
production or for required laboratory testing.
E.
A medical marijuana grower/processor shall meet the same municipal
zoning and land use requirements as other manufacturing, processing
and production facilities that are located in the same district, including
but not limited to setbacks.
F.
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecure exterior refuse containers.
G.
The grower/processor shall provide only wholesale products to other
medical marijuana facilities. Retail sales and dispensing of medical
marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
H.
Grower/processors may not locate within 1,000 feet of a protected
structure or 1,000 feet from the property line of a public, private,
or parochial school, day-care center or private residence. This distance
shall be measured in a straight line from the closest exterior wall
of the building or portion thereof in which the business is conducted
or proposed to be conducted, to the closest property line of the protected
use, regardless of the municipality in which it is located.
I.
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner as to not allow light to be emitted
skyward or onto adjoining properties.
J.
Parking requirements of the applicable zoning district.
K.
A buffer planting is required where a medical marijuana grower/processor
adjoins a Residential (A-1, R-1) or Village (R-V) District.
L.
Entrances and driveways to a medical marijuana grower/processor must
be designed to accommodate the anticipated vehicles used to service
the facility.
(1)
All accesses must secure the appropriate highway occupancy permit
and execute any necessary road bonding agreements.
M.
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
53.
Medical marijuana laboratory, subject to:
[Added by Ord. No. 2018-1, 7/16/2018]
A.
Written summary. The applicant must include a written summary of
how the facility will operate and provide a site plan which includes:
B.
An approved laboratory shall employ at least one director to oversee
and be responsible for the identification, collection, handling and
testing operations of the approved laboratory. A director shall have
earned, from a college or university accredited by a national or regional
accrediting authority, at least one of the following:
(1)
A doctorate of science or an equivalent degree in chemistry,
biology, or a subdiscipline of chemistry or biology.
(2)
A master's level degree in a chemical or biological science
and a minimum of two years' postdegree laboratory experience related
to testing of medicinal or pharmaceutical products or other experience
as approved by the Department.
(3)
A bachelor's degree in a biological science and a minimum of
four years' postdegree laboratory experience related to testing of
medicinal or pharmaceutical products or other experience as approved
by the Department.
54.
Medical marijuana transport vehicle service, subject to:
[Added by Ord. No. 2018-1, 7/16/2018]
A.
Written summary. The applicant must include a written summary of
how the facility will operate and provide a site plan which includes:
(1)
Overall site development time frame and calendar.
(2)
Access roads (that are not public roads) to the site must be
paved.
(3)
Proposed vehicle traffic and other related traffic to and from
the site.
(4)
Permits. All applicable, state, local and federal permits must
be attached to the application or provided upon issue.
B.
A traffic impact study is required where the office is operated.
C.
All external lighting serving a medical marijuana transport vehicle
service must be shielded in such a manner as to not allow light to
be emitted skyward or onto adjoining properties.
D.
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a residential or village district.
E.
Entrances and driveways to a medical marijuana transport vehicle
service must be designed to accommodate the anticipated vehicles used
to enter and exit the premises.
(1)
All accesses must secure the appropriate highway occupancy permit
and execute any necessary road bonding agreements.
F.
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana transport vehicle service facility,
the facility must be secured to the same level as a medical marijuana
grower/producer and dispensary.
G.
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
55.
Medical marijuana dispensary, subject to:
[Added by Ord. No. 2018-1, 7/16/2018]
A.
Written summary. The applicant must include a written summary of
how the facility will operate and provide a site plan which includes:
(1)
Overall site development time frame and calendar.
(2)
Access roads (that are not public roads) to the site must be
paved.
(3)
Proposed vehicle traffic and other related traffic to and from
the site.
(4)
Permits. All applicable, state, local and federal permits must
be attached to the application or provided upon issue, including proof
of a current valid medical marijuana permit from the DOH.
B.
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
C.
A medical marijuana dispensary may not operate on the same site as
a facility used for growing and processing medical marijuana.
D.
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
E.
Permitted hours of operation of a dispensary shall be 8:00 a.m. to
8:00 p.m., Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturday,
unless otherwise set by the supplemental regulations of the zoning
district in which use is located.
F.
A medical marijuana dispensary shall be a maximum of 3,000 gross
square feet, of which no more than 500 square feet shall be used for
secure storage of product, and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area.
G.
A medical marijuana dispensary shall:
H.
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
I.
A medical marijuana dispensary may not be located within 1,000 feet
of a protected structure or the property line of a public, private
or parochial school or a day-care center. This distance shall be measured
in a straight line from the closest exterior wall of the building
or portion thereof in which the business is conducted or proposed
to be conducted, to the closest property line of the protected use,
regardless of the municipality in which it is located.
J.
A medical marijuana dispensary shall be a minimum distance of 1,000
feet from the next nearest medical marijuana facility. This does not
include complementing or supporting businesses covered by different
definitions. This distance shall be measured in a straight line from
the closest exterior walls of the buildings or portions thereof in
which the businesses are conducted or proposed to be conducted, regardless
of the municipality in which it is located. This separation distance
does not apply to the distance between the grower/processor or academic
clinical research centers and the specific dispensary they serve,
or with which they partner.
K.
Any medical marijuana facility lawfully operating shall not be rendered
in violation of these provisions by the subsequent location of a public,
private or parochial school or a day-care center.
L.
All external lighting serving a medical marijuana dispensary must
be shielded in such a manner as to not allow light to be emitted skyward
or onto adjoining properties.
M.
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district.
N.
Entrances and driveways to a medical marijuana dispensary must be
designed to accommodate the anticipated vehicles used to service the
facility.
(1)
All accesses must secure the appropriate highway occupancy permits
and execute any necessary road bonding agreements.
O.
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
56.
Accessory and Principal
Solar Energy Systems. Accessory and principal solar energy systems
shall be subject to the following:
[Added by Ord. No. 2023-2, 4/17/2023]
A.
Compliance. The owner of the real property upon which the solar energy
system shall be erected, as well as the applicant, shall be responsible
for compliance with this article.
B.
Accessory Solar Energy Systems (ASES).
(1)
Regulations Applicable to All Accessory Solar Energy Systems:
(a)
ASES are a permitted accessory use in all zoning districts.
(b)
ASES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this Subsection 56.56. Any physical modification to an existing ASES, whether or not existing prior to the effective date of this section that materially alters the ASES, shall require approval under this Subsection 56.56. Routine maintenance or like-kind replacements do not require a permit.
(c)
ASES shall meet the dimensional requirements of the applicable
zoning district, unless otherwise specified.
(d)
The ASES layout, design and installation shall conform to applicable
industry regulations and with all applicable fire and life safety
requirements.
(e)
All on-site utility, transmission lines less than 34.5 kV, and
plumbing shall be placed underground to the greatest extent possible.
(f)
The ASES shall be designed to use the energy created for on-site
use only.
(g)
All solar energy systems should be designed and located to ensure
solar access without reliance on and/or interference from adjacent
properties.
(h)
All ASES shall be situated to eliminate concentrated glare onto
nearby structures or roadways.
(i)
No ASES shall be used to display advertising, including signage,
streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons,
flags, banners or similar materials.
(2)
Regulations Applicable to Roof-Mounted and Wall-Mounted Accessory
Solar Energy Systems:
(a)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(b)
ASES mounted on roofs or walls of any building shall be subject
to the maximum height regulations specified for buildings within each
of the applicable zoning districts.
(c)
Wall-mounted ASES shall comply with the building setbacks in
the applicable zoning districts.
(d)
Solar panels shall not extend beyond any portion of the existing
roof or wall edge.
(e)
The applicant shall provide evidence certified by an appropriately
licensed professional that the roof or wall is capable of holding
the load of the ASES.
(3)
Regulations Applicable to Ground-Mounted Accessory Solar Energy
Systems:
(a)
A ground-mounted ASES shall not be located in the required front
or side yards.
(b)
Freestanding ground-mounted ASES solar panels shall not exceed
25 feet in height above the ground elevation surrounding the systems.
(c)
The area beneath the ground-mounted ASES shall be considered
pervious cover, unless the use of impervious construction materials
under the system should cause the area to be considered impervious.
(d)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater runoff
from collecting in a constructed stormwater conveyance system.
(e)
If a ground-mounted ASES is removed, any earth disturbance as
a result of the removal of the ground-mounted solar energy system
shall be graded and returned to environmentally stable condition.
C.
Principal Solar Energy Systems (PSES) or Battery Energy Storage System
(BESS).
(1)
Regulations Applicable to All Principal Solar Energy Systems
or Battery Energy Storage Systems:
(a)
PSES/BESS are a conditional use in A-1, B-1, and I-1 zoning
districts.
(b)
The applicant shall provide the following information including
but not limited to:
1)
Project narrative including the following: an overview of the
project, project operator, project location, the approximate generating
capacity, the number, representative types and heights of facilities
to be constructed, including their generating capacity, dimensions,
and respective manufacturers, and description of any ancillary facilities
to the solar energy system.
2)
An affidavit or similar evidence of agreement between the property
owner and the solar energy facility owner or operator demonstrating
permission to apply for necessary permits for construction and operation
of a solar energy facility.
3)
Identification of the properties on which the proposed PSES
will be located and the properties adjacent to the proposed location.
4)
A site plan showing the planned location of each proposed PSES,
property lines, setback lines, access roads and the location of any
ancillary structures, including equipment, cabling, buildings, structures,
transmission lines, and substations.
5)
A viewshed impact analysis illustrating views of the proposed
PSES from multiple angles.
6)
A design certification by a certified engineer consisting of
the proposed foundation design and analysis of soil conditions.
(c)
(d)
PSES/BESS constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this Subsection 56.56. Any physical modification to any existing PSES shall require approval under this Subsection 56.56. Routine maintenance or replacements do not require a permit.
(f)
The PSES/BESS layout, design and installation shall conform
to applicable industry regulations, and with all other applicable
fire and life safety requirements.
(g)
All on-site utility transmission lines less than 34.5 kV and
plumbing shall be placed underground to the greatest extent feasible.
(h)
The PSES/BESS shall be set back 100 feet from any occupied residence,
measured from outer edge of the panels or perimeter fence of the PSES,
whichever is closer to the occupied residence, and the nearest edge
of the occupied residence foundation.
(i)
The applicant shall provide the Township written confirmation
that the public utility company to which the PSES will be connected
has been informed of the customer's intent to install a connected
system.
(j)
If a PSES is being used to support commercial or industrial
activity on another property, then the Township shall be informed
of the intent of the PSES.
(m)
All PSES shall be situated to eliminate concentrated glare onto
nearby structures or roadways.
(n)
All solar energy systems should be designed and located to ensure
solar access without reliance on and/or interference from adjacent
properties.
(o)
The PSES owner and/or operator shall maintain a phone number
throughout the life of the project for the Smith Township Code Enforcement
Officer to contact with inquires and verified complaints. The PSES
owner and/or operator shall make reasonable efforts to respond to
the inquiries/complaints. A contact name, with knowledge of the system,
must be provided to Smith Township with updates due to employee advancement
or turnover.
(2)
Regulations Applicable to Ground-Mounted Principal Solar Energy
Systems:
(a)
Ground-mounted PSES solar panels shall not exceed 25 feet in
height.
(b)
Impervious Coverage.
(d)
Unless agreed to by easement of right-of-way holder, ground-mounted
PSES shall not be placed within any legal easement or right-of-way
location, or be placed within any stormwater conveyance system, or
in any other manner that would alter or impede stormwater runoff from
collecting in a constructed stormwater conveyance system.
(e)
Security.
1)
In accordance with the National Electrical Code, all ground-mounted
PSES shall be completely enclosed by fencing with locking gate. The
fence must be either a minimum six-foot-high fence with barbed wire,
or a seven-foot-high fence.
2)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the PSES informing individuals of potential voltage hazards.
(f)
Access drives to solar inverter stations are required to allow
for maintenance and emergency management vehicles. The minimum cartway
width is 24 feet.
(g)
If a ground-mounted PSES is removed, any earth disturbance as
a result of the removal of the ground-mounted solar energy system
must be returned to an environmentally stable condition.
(3)
Solar Grazing:
(a)
Solar grazing may accompany PSES in all zoning districts where
agriculture is a permitted principal use. The applicant may submit
a solar grazing plan as part of the application and for the Board's
consideration as part of its conditional use application for the PSES.
(b)
The solar grazing plan must indicate:
1)
The type and amount of livestock to be utilized for solar grazing.
The Township encourages the use of sheep for solar grazing;
2)
The water source for the livestock. The applicant must provide
a water well for the livestock if public water or reliable on-lot
water (stream or pond) is not available;
3)
The seed mix to be used for the grazing area. The Township requires
a grazing-friendly seed mix to be used, Fuzz & Buzz seed mix or
similar;
4)
Whether portable low voltage energizers and fences will be utilized
or low (three-foot) interior fences are to be installed to facilitate
best grazing/vegetation management;
5)
Whether fencing gates will be installed between adjoining solar
parcels for moving solar grazing livestock and/or line up gates between
separately fenced sections of the arrays; and
6)
Whether pipe fences and gates around inverter/transformer pads
will be appropriate.
(4)
Roof-Mounted Principal Solar Energy Systems:
(a)
The applicant shall provide evidence certified by an appropriately
licensed professional that the roof is capable of holding the load
of the PSES.
(b)
PSES mounted on roofs of any building shall be subject to the
maximum height regulations specified for buildings within the applicable
zoning district. A roof-mounted PSES may not exceed the current perimeter
of the existing roof.
(5)
Local Emergency Services:
(a)
The applicant shall provide a copy of the project summary and
site plan to the local emergency services, including paid or volunteer
fire department(s).
(b)
The applicant shall cooperate with the emergency services to
develop and coordinate implementation of an emergency response plan
for the solar energy facility.
(c)
During the conditional use procedure, one of the steps is to
provide the preparedness, prevention, and contingency (PPC) plan to
the Township and local emergency services.
(6)
Decommissioning:
(b)
Removal.
1)
The PSES shall be decommissioned and removed in compliance within this Subsection 56 within six months after the date project abandonment occurs.
2)
Also within six months after the date of project abandonment,
the project parcel(s) shall be restored to an environmentally stable
condition as close to preconstruction condition as reasonably practical.
3)
If the property owner/project owner fails to remove the PSES
in accordance with the requirements of this section, the Township
shall have the authority to enter the project(s) and physically remove
the PSES, at the expense of the property owner.
(c)
Decommissioning Plan.
1)
A decommissioning plan prepared by a professional engineer or
contractor shall provide the estimate cost to remove the PSES and
related infrastructure, including but not limited to:
a)
Cost to remove foundations.
b)
Cost to remove pads.
c)
Cost to remove underground collector lines.
d)
Cost to remove permanent roads built on the project
parcels as part of the construction of the PSES all to a depth of
four feet below the surface.
e)
Estimated cost to restore the project parcel(s)
to an environmentally stable condition to substantially similar to
the condition of the project parcel(s) prior to construction of the
PSES.
f)
The estimated salvage value of the PSES.
2)
The decommissioning plan shall be updated every five years.
3)
Update Decommissioning Plan.
a)
A revised and updated decommissioning plan shall
be provided to the local Planning Commission for review and recommendation
five years after the building permit was issued for the PSES and each
five-year anniversary thereafter until the PSES has been fully decommissioned
and the project parcel has been restored as required.
b)
After review and recommendation by the Planning
Commission, the updated decommissioning plan must be reviewed and
approved by the Board of Supervisors.
c)
Such plan may be submitted to the Planning Commission
up to 180 days prior to the date due.
d)
Shall contain same information as the original decommissioning
plan; shall provide an updated decommissioning cost.
(d)
Decommissioning Security.
1)
Prior to construction, a security in the form of a performance
bond or irrevocable letter of credit in the amount of the decommissioning
cost (if the decommissioning cost is a positive number) securing the
decommissioning obligations of the PSES and naming the Township as
beneficiary shall be delivered to the Township.
2)
The security shall be posted to reflect the revised decommissioning
cost every five years.
3)
The decommissioning security shall be posted or revised in the
amount of the new decommissioning cost within 60 calendar days after
approval of an updated decommissioning plan by Board of Supervisors
and shall replace the existing decommissioning security, if applicable.
(e)
Decommissioning Security Release. After the PSES is fully decommissioned
and written certification is issued by the Township Engineer to the
Board of Supervisors that the project parcel(s) have been restored
to an environmentally stable condition substantially similar to the
condition they were in prior to construction of the PSES, the Township
shall release the decommissioning security.
D.
Administration.
(1)
Applications.
(a)
Permit applications shall document compliance with this Subsection 56 and shall be accompanied by drawings showing the location of the solar energy system on the building or project(s), including property lines. Permits must be kept on the premises where the solar energy system is located.
(b)
The permit shall be revoked if the solar energy system, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the solar energy system not to be in conformity with this Subsection 56.56. In the case of nonconformity caused by natural forces, the owner shall have 60 days to initiate necessary remedial action to bring system back in conformance with this Subsection 56.56.
(c)
The solar energy system must be properly maintained and be kept
free from all hazards, including, but not limited to, faulty wiring,
loose fastenings, being in an unsafe condition or detrimental to public
health, safety or general welfare.
(d)
For PSES systems, conditional use approval is required prior
to obtaining preliminary or final land development plan approval.
The conditional use approval and land development plan processes can
be concurrent.
(e)
All necessary stormwater plan approval, E&S, NPDES permits,
if any, must be approved prior to receiving final approval of the
land development plan.
(f)
ASES systems for single-family residential use are exempt from
the land development process, but a zoning permit is required.
(2)
The applicant shall, prior to receipt of an approved permit,
submit funds to an escrow account which will reimburse the Township
for any actual fees or costs incurred arising out of or related to
the project. The costs shall include, but not be limited to, engineering
and legal fees. Any funds remaining after the project completion shall
be returned to the developer.
(3)
Modification. The Board of Supervisors may, in its sole discretion, grant modification of requirements of one or more provisions of this section if the applicant can show that literal enforcement of this Section will create an undue hardship because of peculiar conditions pertaining to the property in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this Subsection 56 are observed. All requests for a modification shall be in writing and shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the section involved and the minimum modification necessary.
