Township of Carroll, PA A-1 Agricultural District

The following conditional uses may be authorized by the Township Supervisors pursuant to the standards and criteria specified herein:

Recreation, private and commercial, indoor and outdoor.

(1)

No use activities shall be permitted or conducted in any required front, side or rear setback area.

(2)

No use activities shall be permitted or conducted within 100 feet of any adjoining R-1, R-2 or R-3 Residential District.

(3)

All lot boundaries abutting any adjoining R-1, R-2 or R-3 District shall be enclosed by a landscaped buffer that meets the requirements set forth in Article XVII of this chapter.

(4)

Fencing may be required in cases where deemed necessary by the Township Supervisors or the developer for purposes of safety, security or design. The installation, material and design of the fencing shall be subject to recommendations and final approval of the Board of Supervisors.

(5)

Loudspeakers and similar sound-amplification devices for entertainment purposes shall not exceed the noise levels for steady-state noise as specified in Article XVII of this chapter.

(6)

All lighting shall be designed and utilized in a manner that is compatible with adjacent land use and highway safety standards.

(7)

Provisions shall be made for the safety and welfare of individuals both on site and off site.

Mobile home park. Mobile home parks shall be developed, operated and maintained in accordance with applicable state and Carroll Township rules, regulations and ordinances.

Coal mining adjunct facilities.

(1)

The application shall include a development and operation plan. The following information and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved shall be included.

(a)

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

(b)

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

(c)

Plans for restoring and reclaiming all involved areas following discontinuance of the underground mining.

(d)

A description of plans for transportation of materials and equipment to construct the facility and procedures for repairing any damages to the roads which may occur as a result of this activity.

(e)

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

(f)

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

(2)

Every facility shall be constructed and landscaped in a manner appropriate to the district in which it is located and shall not be located within 50 feet of any property line.

(3)

Every facility shall be constructed and landscaped in a manner appropriate to the district in which it is located. The lot for a facility shall be not less than one acre. Sites for ventilation shafts shall be not less than five acres. All facilities shall be sited a minimum of 200 feet from adjoining property lines.

(4)

Suitable baffles shall be utilized to protect the adjacent properties from the noise of exhaust fans consistent with the following requirements:

(a)

Maximum noise level 7:00 a.m. to 10:00 p.m.: 75 dBA.

(b)

Maximum noise level 10:00 p.m. to 7:00 a.m.: 70 dBA.

(5)

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

(6)

For each use that is visible from any structure used for residential, cultural, social, educational, recreational, religious or similar purposes in an A-1, R-1, R-2 or R-3 District, there shall be a buffer strip of land planted and maintained for screening purposes. The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in a manner to provide a continuous opaque screen within 12 months after commencement of operations in the area to be screened. The Board of Township Supervisors shall require that either new planting or alternative screening be provided if after 12 months the plant materials do not provide an opaque screen.

(7)

The applicant shall have acquired sufficient legal or equitable interest in the real property in which the site of the adjunct coal mining facility is located to provide a basis for seeking the use permits.

(8)

The applicant shall have obtained from each appropriate state and federal regulatory agency or authority a permit issued in accordance with all applicable state and federal laws and regulations for the proposed use. In the event such permits have not been issued at the time Township zoning approval is requested, the applicant's zoning approval shall be expressly conditioned on the grant of necessary permits as required by the above state and federal agencies or authorities. At the time of making application to such federal or state authorities, the applicant shall file with the Township Secretary a copy of each state or federal application with supporting documentation for the proposed use.

(9)

All uses in conjunction with a conditional use permit issued by the Township Supervisors pursuant to this section shall comply with the following additional performance standards:

(a)

Compliance with all of the plans submitted to the Township as part of the application for the conditional use permit.

(b)

Compliance with all state and federal laws and regulations relating to the approval, development and operation of the underground coal mine and the related coal mining adjunct operations.

(c)

The correction within the time specified of any violation by the mine owner or operator of any local, state or federal law, regulation, rule or enforcement order or any condition to any permit, license or authorization of authority issued in connection with the underground mine or the conditional use.

Surface mining.

(1)

All applications submitted for consideration of the Township Planning Commission and the Board of Supervisors shall include, at a minimum, the following documentation and all other pertinent data deemed necessary to process the application:

(a)

A description of the character of the proposed operation, its timing and proposed duration, together with duplicates of maps and plans to be submitted to state and federal regulatory agencies or authorities for the issuance of necessary permits;

(b)

Identification of seams of coal, beds of sand or other material to be removed in connection with the proposed extractive operation;

(c)

An analysis of the possible impact of extractive operations upon groundwater supplies in all affected areas of the Township and assurances and measures that will be taken to guarantee that any loss, diminution or pollution of water supply will be corrected;

(d)

The location and identity of ownership of all structures and land uses that may be affected by the proposed operation, and the measures that will be taken to protect all structures and land uses from adverse impacts from the proposed extractive operation;

(e)

Plans for the restoration or reclamation of all land affected by the extractive operation;

(f)

Certification from each state or federal agency or authority having enforcement jurisdiction for the issuance of necessary permits, licenses or grants of authority for the installation and operation of the proposed extractive operation that the owner has fully complied with all requirements for the issuance of such permits, licenses or grants of authority and that such will be granted; and

(g)

A description of plans for the transportation of materials, products and equipment to be used, removed from or marketed in connection with the proposed extractive operation, including routes of travel, number and weight of vehicles to be used, and assurances and procedures that will be made to maintain and repair roads that are targeted for use.

(2)

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

(3)

No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating such products shall be permitted in the A-1 Agricultural District or other areas of the Township.

(4)

The designated operator shall complete operation within a period of time as designated in the permit. Upon expiration of the period of time as set forth therein, the operator must cease operations and commence backfilling and scar removal as hereinafter provided. Failure of the operator to cease operations shall constitute a violation of this chapter.

(5)

Prior to beginning operation, the designated operator shall deposit a bond issued by a reputable bonding company in the amount specified by the Township Supervisors for each and every mile of Township road or portion thereof proposed to be traversed for removing material from the site. The period designated for the bond shall start with the issuance date of the permit. Said bond shall be returned to the operator upon completion of the backfilling operation and reconstruction of any damaged roadway due to excess weight. Any failure to complete the reconstruction as required by this chapter shall result in the forfeiture of the required bond. Those portions of Township roads that have been damaged shall be as determined by the Township Engineer and be reconstructed to Township specifications.

(6)

The backfilling operation, after all surface excavation is completed, shall reestablish a satisfactory vegetative ground cover that will deter soil erosion and eventually rebuild the soil.

Oil and gas wells.

(1)

All activities conducted in association with and as a part of oil and gas wells shall be in accordance with the Commonwealth of Pennsylvania Oil and Gas Act (Act 1984-223), as amended,[1] and any other applicable federal, state, county and local statutes.

[1]

Editor's Note: The Oil and Gas Act (12-19-1984, P.L. 1140, No. 223) was repealed 2-14-2012, P.L. 87, No. 13 (aka "Act 13"). See now 58 Pa.C.S.A. § 3201 et seq.

(2)

The applicant shall have obtained from appropriate state and other applicable regulatory agencies or authorities permits issued in accordance with all applicable laws and regulations for the proposed use. In the event such permits have not been issued at the time that Township conditional use approval is requested, the applicant's zoning approval shall be expressly conditioned on the granting of necessary permits as required by the above agencies or authorities. At the time of making application to such authorities, the applicant shall file with the Township Secretary a copy of each state or federal application with supporting documentation for the proposed use.

(3)

The applicant shall provide a description of plans for the transportation of materials and equipment to construct the facility and measures which will be taken to maintain all roads within the Township that are used to transport materials and equipment and to repair any damages to the roads that may occur as a result.

(4)

The applicant shall provide a description of how the proposed use and facility will meet all applicable local, state and federal laws and regulations concerning construction standards, water supply, fire protection and all other requirements related to the health and safety of contiguous residents and users or persons involved with the facility or use.

(5)

The applicant shall provide a site plan showing structure placement.

(6)

For each use that is adjacent to or considered by the Planning Commission and Board of Supervisors to be visibly or environmentally detrimental to the use of any structure used for residential, cultural, social, educational, recreational, religious or similar residential-related purpose in any district, there must be preserved a strip of land for screening purposes on any side of the tract of land on which the residential or related use is situated. The preserved strip shall be a minimum of 20 feet in width. The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The Board of Township Supervisors shall require that either new planting or alternative screening be provided if after 24 months the plant materials do not provide a opaque screen.

(7)

Any material stored outside an enclosed structure being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining occupied residential or related properties. Such materials shall not be deemed to include operable vehicles.

(8)

All uses located within 1,000 feet of a residence or social, recreational or educational facility shall be completely enclosed by a metal fence not less than six feet high to prevent the entry by unauthorized persons onto the portion of the premises on which the use is situated.

Landfills.

(1)

The types of waste materials deposited at the landfill site, and all handling, treatment and storage and other activities with respect to the operation shall be in compliance with applicable federal, state and local statutes, regulations and enforcement procedures.

(2)

No landfill facility shall be used for disposal of any hazardous demolition material, sludge from sewage treatment plants or water treatment facilities, or hazardous waste from residential, municipal, commercial or institutional sources.

(3)

A site plan shall be included in the application that delineates site ingress and egress, use areas within the site, phasing of use areas, location of all structures, and location and description of all proposed screening and fencing.

(4)

No landfill site shall be established on a site containing less than 20 contiguous acres.

(5)

The applicant shall provide plans for transportation of materials to the site. Said plan shall delineate access routes, provisions for traffic control, and procedures to minimize littering and overflow problems along access routes contiguous to the site. Measures that will be taken to maintain all Township roads used for primary site access shall be specified.

(6)

Bonds in amounts specified by the Board of Township Supervisors shall be posted by the applicant to repair any damages to roads that may result from the landfill operation.

(7)

The applicant shall outline procedures to be employed to provide for antipollution and nuisance control, cleanup and site maintenance, the protection of area water supplies and other applicable concerns related to the health and safety of adjacent residential areas.

(8)

For each site that is adjacent to or considered by the Planning Commission and Board of Supervisors to be visibly or environmentally detrimental to the use of any structure used for residential, human habitation, sleeping, cultural, social, educational, recreational, religious or similar residential related purpose in any district, there must be preserved a strip of land for screening purposes on any side of the tract of land on which the residential or related use is situated. The preserved strip shall be a minimum of 20 feet in width. The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The Board of Township Supervisors shall require that either new planting or alternative screening be provided if after 24 months the plant materials do not provide an opaque screen.

(9)

All active use areas shall be completely enclosed by a metal fence not less than six feet above the ground level, to be constructed of barbed wire or other appropriate material, with the entire fence being constructed in such a manner so as to prevent the entry by unauthorized persons onto the portion of the premises on which the use is situated. Required fencing shall be located on the inside perimeter of required screening.

Mine entrance. This use shall be subject to the following express standards and criteria and to any other standards or criteria set forth in § 260-100 of this chapter generally applicable to conditional uses in the Township of Carroll, as well as any other such standards as deemed within the interest of the general health, safety and welfare of the Township by the Board of Supervisors:

[Added 10-16-2000 by Ord. No. 2000-3]

(1)

There shall be no mine entrance within 200 feet of the bank of any stream or natural water force identified on maps prepared by United States Geologic Survey (USGS). This requirement shall not apply to access roads.

(2)

Any mine entrance shall be prohibited in watersheds of rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a weltered trout stream by the Pennsylvania Department of Environmental Protection as part of the scenic rivers system or designated under the federal Wild and Scenic Rivers Act.

(3)

No mine entrance shall be conducted within 500 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreational area. This requirement shall not apply to access roads.

(4)

There shall be no mine entrance within 300 feet of the outside right-of-way line of any public road, except for access roads or roads that join the right-of-way line of the public road and where the appropriate state or federal agency having jurisdiction over the conduct of the mine entrance operations shall permit in accordance with law.

(5)

There shall be no mine entrance which will adversely affect any publicly owned park or places, including the National Register of Historic Places, unless approved by the governmental agency with jurisdiction over the park or historic site.

(6)

There shall be no mine entrance within 300 feet of a cemetery.

(7)

There shall be no mine entrance within 500 feet of any occupied dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for zoning approval, but in no event shall any mine entrance be located within 300 feet of any occupied dwelling. This requirement shall not apply to access roads.

(8)

The applicant shall present expert testimony to demonstrate that the proposed mine entrance will not adversely affect any of the following:

(a)

Lawful existing or permitted use of adjacent properties.

(b)

The quality or adequacy of any public or private water supply source.

(c)

Any flood-prone or landslide-prone areas within the Township.

(9)

The applicant shall present expert testimony to demonstrate the use of explosives, if proposed, shall not cause injury to any adjacent structures or shall not substantially diminish underground water sources.

(10)

If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times that blasting is performed and shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

(11)

The applicant shall provide reclamation plans for the site which 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.

(12)

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of such trucks. The applicant shall comply with designated weight limits on Township roads and shall design the hauling routes for the mineral from the mine entrance to minimize the impact on local roads within the Township.

(13)

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of the Township road or portion thereof proposed to be accessed for the mine entrance. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations, any backfilling and any reconstruction of a damaged roadway due to excess weight in excess of the posted weight for the road. Any failure to complete the repair or reconstruction required by this chapter, within a reasonable time but in no event later than 30 days from the date upon which notice is given to the operator, shall result in the forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street construction. Prior to commencement of any operations, the Township Engineer shall conduct any inspection of any Township road or any portion thereof proposed to be accessed for the operation and shall submit a report as to the condition of same to the Township Supervisors.

(14)

No surface structure shall be located within 100 feet of an existing property line and said setback distance shall include a thirty-foot buffer area along the common property lines wherein the same shall be 30 feet in depth as measured from the property line. The setback requirements herein set forth shall not apply to access roads. All structures shall comply with the standards regarding noise as is determined to minimize noise impacts on joining property, as contained herein within this chapter.

(15)

The applicant shall comply with all applicable Township, county, state and federal rules, ordinances, statutes and regulations and shall show evidence of satisfaction of the same, including proof of required insurance coverage by said entities, before initiating any work and/or operating, maintaining or otherwise using the premises. Furthermore, the applicant shall provide proof of compliance of the same throughout the period of operation or activity by the applicant, its successors and/or assigns. Said proof of ongoing or subsequent compliance shall be provided by the applicant to the Township upon demand. Any suspension or revocation of the zoning approval and/or conditional use approval and therein the applicant, its heirs, assigns and successors shall be subject to the enforcement and/or penalty provisions of this chapter.

(16)

If completion or construction of the approved conditional use has not been completed within one year from the date of its authorization, the same shall expire and be terminated unless an application for renewal has been submitted prior to the expiration date. Therein, said renewal application may be granted by the Zoning Officer upon demonstration by the applicant that all conditions of the conditional use approval and/or any subsequent renewals have been met and, not by way of limitation, all conditions or permits of the other regulatory agencies remain in full force and effect and that the applicant is and has been diligently pursuing the completion of the same. Upon expiration or revocation of the conditional use permit or any renewal thereof, the right of the applicant to continue said use or activity shall terminate and the applicant shall not be permitted to engage in any further activity that is otherwise governed by the conditional use requirements until a new conditional use permit has been granted. Any renewals shall be for a period of one year from the date of authorization.

(17)

Parking for the employees and/or other individuals associated with or utilizing the mine entrance must meet any and all requirements applicable within this chapter of the Township of Carroll.

(18)

The applicant must demonstrate compliance with any and all local and state provisions or regulations concerning public sanitation and/or sewage.

(19)

The height of any structures must be constructed in a manner appropriate and consistent as to other like structures in the surrounding area.

(20)

The applicant must provide the Township with a detailed traffic study and/or sufficient information on road travel, congestion, or any other such increases in traffic to the area so as to demonstrate that the proposed use will not cause undue hazard or annoyance to surrounding parcels.

(21)

Any and all parking lots, roadways or access routes must be paved in accordance with all local and state regulations.

(22)

Any and all exterior lighting must be constructed in such a manner so as not to create an undue nuisance or interference with any use or enjoyment of the property rights of the surrounding property owners.

(23)

The applicant must meet any and all other terms or conditions deemed within the interest of the general health, welfare and safety of the residents of the Township of Carroll by the Board of Supervisors.

(24)

Any access route leading into or out of the mine entrance facility shall be properly gated, and adequate security measures shall be included to maintain the safety and security of the site.

(25)

Any dust, debris or particulate matter emanating from the facility shall be controlled in such manner as to minimize any effect on adjacent properties.

Coal mine conveyor. This use shall be subject to the following express standards and criteria, and any other standards or criteria set forth in § 260-100 of the Zoning Ordinance generally applicable to conditional uses in the Township of Carroll:

[Added 10-16-2000 by Ord. No. 2000-3]

(1)

The conditional use application shall include the site plan, drawn to scale, or the entire proposed conveyor system as located within the Township. The following information, and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved, shall be included:

(a)

The physical location of the proposed facility showing all principal structures, facilities, fencing, screening and related structures from the beginning point to the system's termination point in reasonable detail.

(b)

Contours at maximum interval of five feet or less, if needed, as determined by Township Engineer.

(c)

A delineation of the conveyor right-of-way routing which identifies parcels of ownership, easement or other instruments or agreements upon which the proposed facility will be constructed and operated.

(d)

The location of all public and private rights-of-way which traverse the conveyor corridor.

(e)

The location and identity of ownership of all adjoining structures and adjoining land uses.

(f)

A listing of provisions and measures that will be utilized to protect persons, adjoining properties, and activities from adverse impacts resulting from the proposed construction and use of the conveyor facility. Fencing, screening or other security measures may be specified by the Township Supervisors if they determine that there is a reasonable possibility that dangerous condition will be created with respect to persons or property as a result of the construction and/or operation of the facility.

(2)

Documentation shall be submitted to verify ownership, easements or other instruments or agreements for corridor access in use.

(3)

All surface areas of the corridor shall be covered with an appropriate vegetative material, and the property shall be maintained at all times.

(4)

The conveyer shall be designed, constructed and operated in such a manner as to minimize the discharge or spillage of dust or other particulate matter to the greatest extent possible.

(5)

The conveyer shall be designed, constructed and operated in such a manner as not to generate noise on a regular, frequent or periodic basis that is in excess of 70 DBA as measured on a decibel or sound level meter of standard quality design operated on the A-1 weighting scale and as measured at or beyond any adjacent or abutting property line.

(6)

All uses in conjunction with the conditional use permit issued by the Township Supervisors pursuant to this section shall comply with the following additional standards:

(a)

Compliance with all of the plans submitted to the Township as part of the application for the conditional use permit.

(b)

Compliance with any and all state and federal laws and regulations relating to the approval, development and operation of the facility.

(c)

The correction within the time specified of any violation by the owner or operator of the coal mine conveyor of any local, state or federal law, regulation, rule or enforcement order or any condition to any permit, license or authorization of authority issued in connection with the coal mine conveyor or the conditional use for the conveyer.

(7)

The applicant shall obtain, as required, from each appropriate state and federal regulatory agency or authority, a permit issued in accordance with all applicable state and federal law and regulations for the proposed use. In the event that any required permits have not been issued at the time Township zoning approval is requested, the zoning approval shall be expressly conditioned on the grant of necessary permits. At the time of making application to such federal or state authorities, the applicant shall file with the Township Secretary a copy of each state or federal application with supporting documentation for the proposed use.

(8)

The applicant shall post a bond, in favor of the Township and in an amount deemed sufficient by the Township, so as to insure compliance with the conditional use provisions provided herein, as well as any other conditions as imposed by the Board of Supervisors. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and upon completion of any reconstruction or reclamation necessary to restore the site to its original position. Any failure to comply with the conditions as provided in this chapter or as imposed by the Board of Supervisors, upon notice by the Zoning Officer and upon failure to correct by the operator within a reasonable time, but in no event later than 30 days from the date of the notice, shall result in forfeiture of the bond.

Gas processing facility. This use shall be subject to the following express standards and criteria and to any other standards or criteria generally applicable to conditional uses in the Township of Carroll, as well as any other reasonable conditions as deemed within the interest of the general health, safety, and welfare of the Township by the Board of Supervisors.

[Added 9-4-2007 by Ord. No. 2007-2]

(1)

(a)

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

(b)

The location and identity of all structures and land uses that will or may be affected by the proposed operation, and measures that will be taken to protect all surrounding structures, inhabitants and land uses from adverse impacts from the proposed use.

(c)

Plans for restoring and reclaiming all involved areas following discontinuance of the use of the gas processing facility.

(d)

A description of plans for transportation of materials and equipment to construct the facility, of the measures that will be taken to maintain all Township roads within the Township that are used to transport any materials and equipment, and any and all procedures for repairing any damage to the roads which may occur as a result of this activity.

(e)

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

(f)

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

(2)

The site location of each gas processing facility shall be constructed and landscaped in a manner appropriate to the district in which it is located. The lot for the facility shall not be less than 1/2 acre, and such gas processing facility shall not be located within 100 feet of any property line. Open areas shall be covered with an appropriate vegetative material, and the property shall be maintained. Every accessory structure intended to supply air or power to the gas processing facility shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetative material and properly maintained.

(3)

Except for fire sirens or other emergency alerting systems that are used solely for emergency or public safety purposes, noise that occurs or is generated on a regular, frequent or periodic basis that is not in compliance with any applicable noise ordinance as measured on a decibel or sound level meter of standard quality design operated on the A-weighting scale at any property line (and/or beyond any such property line), which originates on the property of which the noise source is located, shall not be permitted.

(4)

The gas processing facility shall be completely enclosed by a metal fence not less than six feet high, with a top capping above the height of six feet (above ground level), to be constructed of appropriate security material in such a matter so as to prevent the entry by unauthorized persons, domestic animals or livestock.

(5)

The site shall be fenced or screened, or both, to the extent deemed reasonably necessary by the Township so as to provide security and protect adjacent properties. As to the screen or screening, the same shall have a height adequate to reasonably achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such matter so as to provide a continuous screen within 12 months after commencement of operations in the area. The governing body may require that either new planting or alternative screening be provided if after 12 months the plant materials do not provide an adequate screen. For each use that is adjacent to or considered by the Board of Supervisors to be visibly or environmentally detrimental to the use of any structure used for residential, human habitation, sleeping, cultural, social, educational, recreational, religious or similar residential related purpose, there must be preserved a strip of land for screening purposes on any side of the tract on which the residential or related use is situate. The preserved strip shall be a minimum 30 feet in width.

(6)

The applicant shall have acquired sufficient legal or equitable interest in the real property in which the site of the gas processing facility is located to provide a basis for seeking the use permits.

(7)

(8)

All uses in conjunction with the conditional use permit issued by the Township Supervisors pursuant to this section shall comply with the following additional performance standards:

(a)

Compliance with all of the plans submitted to the Township as part of the application for the conditional use permit.

(b)

Compliance with all state and federal laws and regulations relating to the approval, development and operation of the gas processing facility.

(c)

The correction within the time specified of any violation by the facility operator of any local, state or federal law, regulation, rule or enforcement order or any condition to any permit, license or authorization or authority issued in connection with the gas processing facility or the conditional use.

(d)

Compliance with any and all other Township ordinances that are relevant to or related to gas processing facilities.

(e)

All compressors and noise-generating equipment located within 450 feet of any residence or dwelling or occupied premises shall be enclosed in a building or structure containing soundproofing material which substantially reduces noise emissions.

(9)

The applicant shall post a bond, in favor of the Township and in an amount deemed reasonably sufficient by the Township, so as to insure compliance with the conditional use provisions provided herein, as well as any other conditions as imposed by the Board of Supervisors. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and upon completion of any reconstruction or reclamation necessary to restore the site to its original condition. Any failure to comply with the conditions as provided in this chapter or as imposed by the Board of Supervisors, upon notice by the Zoning Officer and upon failure to correct by the operator within a reasonable time, but in no event later than 30 days from the date of the notice, shall result in forfeiture of the bond.

(10)

If approved, the fee for the zoning certificate permit for the gas processing facility shall be $1,000. There shall be an annual inspection fee for each facility of $250.

(11)

The Board of Supervisors of the Township of Carroll is hereby authorized to increase from time to time, by resolution, the zoning certificate permit fee for gas processing facilities and the annual inspection fee for such facilities.

The following special exceptions may be authorized by the Zoning Hearing Board pursuant to the standards and criteria specified herein:

Day-care/family day-care homes.

(1)

All activities shall be conducted in a private detached single-family residence.

(2)

Activities shall be limited to functions normally associated with the part-time tending of children and shall not include overnight lodging.

(3)

Activities shall be conducted within a home atmosphere that is void of any special facilities or appurtenances other than secure play areas and/or apparatus that are deemed to be normal single-family accessory uses within the immediate neighborhood.

(4)

Safe off-street pickup and dropoff areas shall be provided at the site.

(5)

Outdoor play areas shall be fenced to control access to adjacent properties and vehicular ways. No portion of the outside play areas shall be less than 30 feet from a neighboring dwelling without the owner's written consent. Outdoor play shall be limited to the hours between 6:00 a.m. and 9:00 p.m., prevailing local time.

(6)

A minimum of 100 square feet of usable outdoor play space and 20 square feet of usable indoor space shall be provided for each child present at the facility, including resident children.

(7)

Day-care services shall be limited to a total of six children at any one time for the following categories of clientele (a mix of categories shall be permitted):

(a)

Infants and toddlers. There shall be no more than four infants and/or toddlers in a family day-care home at any one time, including relatives* of the caregivers.

(b)

Preschoolers. At no time shall the number of children in care exceed six, excluding relatives* of the caregiver.

(c)

School-age children: At no time shall the number of children in care exceed six children, excluding relatives* of the caregiver.

For purposes of these requirements, "relative" shall be deemed to be a child, stepchild, grandchild, brother, sister, half brother, half sister, aunt, uncle, niece, nephew, stepbrother or stepsister.

(8)

Day-care/family day-care homes shall comply with the then current editions of the BOCA National Fire Prevention Code and the BOCA National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act.

(9)

All rules, requirements and guidelines promulgated in the Day-Care Service for Children Regulations – Family Day-Care Homes, Chapter II, Section 8c of the Pennsylvania Department of Public Welfare Social Services Manual, effective June 13, 1981, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required Township zoning and occupancy permits.

Group residential facility.

(1)

The services shall be provided in a family environment as opposed to an institutional structure or setting.

(2)

The group residential facility shall not include business or professional offices (other than incidental offices), business activities, fraternal or social clubs, hospitals, clinics or other such activities.

(3)

The number of residents in any single group residential facility shall be limited to no more than eight persons, including client residents, staff and family of staff. Clients shall be limited to no more than six ambulatory persons.

(4)

Supervision shall be provided by responsible and appropriately qualified adults on duty on the premises on a twenty-four-hour-a-day basis. A minimum of one such adult shall be in residence at the facility and on duty at all times.

(5)

Lot, yard and all other dimensional requirements of the zoning district in which the facility is located shall be met. Each lot shall include a minimum of 1,600 square feet of exterior open space which is maintained and suitable for passive and/or active recreational use.

(6)

In addition to normal residential parking requirements, parking facilities shall be provided at the rate of one off-street space for every two resident clients.

(7)

A group residential facility shall be located not less than 2,500 lineal feet from any other group residential facility.

(8)

A group residential facility shall comply with the then current editions of the BOCA National Fire Prevention Code and the BOCA National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act. Prior to issuing of a zoning permit, the facility shall be inspected by a representative of the local fire department to ascertain structure layout, fire escapes and other related information.

(9)

Sanitary facilities, consisting of a sink, water closet, and tub or shower shall be provided at a ratio of one each for every four inhabitants of the facility.

(10)

A dining area shall be provided which is of sufficient size to accommodate all clients and residents at a single seating.

(11)

A minimum of 72 square feet of contiguous sleeping and personal area shall be provided for each client. Said area, for purposes of this requirement, shall be computed exclusive of common use areas such as circulation areas, storage areas, dining areas, kitchen and food preparation areas, game rooms and related recreation or instruction areas and other common use spaces.

(12)

A license or certification shall be obtained from the Commonwealth of Pennsylvania, Department of Labor and Industry, Department of Public Welfare and any other state or county agency having jurisdiction prior to the issuance of a certificate of occupancy. In the event that an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the Township Supervisors that the proposal for establishing such a facility satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.

(13)

The sponsor shall file annually with the Township Secretary and the Zoning Officer information certifying that the facility continues to adequately meet the conditions of the original approval. Changes of sponsorship or of any conditions of original approval shall constitute a new use, and the full special exception procedure for obtaining a new use shall be exercised.

(14)

Documentation shall be submitted which certifies approval of sewage disposal provisions by the Sewage Enforcement Officer, and certification shall be provided from competent sources that adequate water supply is available.

Conversion apartment.

(1)

Each living unit shall contain a minimum of 400 square feet of gross floor area.

(2)

Each living unit shall contain not less than one private bedroom and one additional habitable room in addition to separate and private kitchen and bathroom facilities.

(3)

The Chief of the Township Fire Department, or designated agent thereof, shall inspect the premises to evaluate access, fire hazard potential, fire escape provisions, structural layout and adequacy of smoke and fire alarm devices.

(4)

A maximum of two dwelling units shall be permitted in any single structure.

(5)

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

(6)

On-lot sewage disposal systems shall be inspected and certified by the Sewage Enforcement Officer as capable of meeting the demands of the additional dwelling unit.

Home occupation.

(1)

A home occupation that involves an activity or operation that is construed as being capable of adversely influencing surrounding residential uses through any of the following conditions shall not be permitted:

(a)

Changes the external residential appearance of the dwelling;

(b)

Generates traffic, parking or other congestion in excess of normal levels in the neighborhood;

(c)

Creates hazards to persons or property;

(d)

Creates interference or a nuisance;

(e)

Involves outside overnight (twenty-four-hour) storage, display or operations.

(f)

Is operated in a multifamily dwelling unit.

(2)

The accessory use areas shall be located in the principal dwelling and/or an accessory building. The accessory use shall be limited to not more than 20% of the floor area of a single floor of the principal dwelling structure. The total area utilized for home occupation activities shall not exceed 500 square feet.

(3)

Maximum sign size shall not exceed six square feet in area.

(4)

Only members of the family residing on the premises shall be engaged in such occupation, plus two assistants may be employed.

(5)

Off-street parking requirements of three spaces, in addition to the two spaces required for the dwelling units (see Article XVI), shall be provided on the immediate site and to the rear of the required front yard setback line. A site plan drawn to scale, which illustrates the location of the required parking provisions, shall be included as part of the application for home occupation. The site plan shall include the following data and information:

(a)

Property lines (perimeter of lot).

(b)

Location and use of all structures on the subject lot.

(c)

Location and use of all structures on adjacent lots.

(d)

Location of all site areas for residential and home occupation parking spaces.

(e)

Provisions for on-site vehicle movements and circulation.

(f)

Location of ingress and egress to and from the site.

(g)

If requested by the Planning Commission, a sketch of the area circulation system in sufficient detail to determine the proximity of intersections, topographic conditions, road alignment, sight barriers, blind driveways or related factors that are capable of creating safety hazards or impediments to area traffic flow.

(6)

Activities shall be limited to the following types and categories of use:

(a)

Professional, technical or business pursuits that involve only office-related functions and practices.

(b)

Light handicrafts, sewing, photography and objects of art.

(c)

Teaching instruction, limited to groups of no more than four students at any one time.

(d)

Small appliance and minor equipment repair and servicing, including saws and private residential lawn equipment.

(e)

Beautician, barber and similar services, limited to facilities for service to no more than two clients at any given time.

(f)

Telephone answering services.

(7)

The following types and categories of use shall not be authorized as home occupations:

(a)

Automotive repair and painting.

(b)

Restaurants and tea rooms.

(c)

Tourist homes.

(8)

Any proposed home occupation that is not specifically cited as an acceptable activity [Subsection D(6)] or is listed as not acceptable [Subsection D(7) of this section] may be submitted to the Zoning Hearing Board for consideration.

Bed-and-breakfast/tourist home.

(1)

All rooms and related facilities provided for transient guests shall be normal integral components of the principal dwelling unit. The owner of the facility must reside therein.

(2)

No facilities, such as cooking accommodations or similar amenities, other than those provided for the normal use of the principal dwelling unit, shall be provided for transient guests.

(3)

No more than three guest sleeping rooms shall be available or utilized concurrently for transient guests in any facility.

(4)

The size of each individual guest sleeping room utilized for transient guests shall be a minimum of 100 square feet.

(5)

Maximum occupancy shall not exceed eight guests.

(6)

Service of meals shall be limited to overnight transient guests.

(7)

Off-street parking spaces, as specified in Article XVI of this chapter, shall be provided to the rear of the front building line and shall not be sited within any required front yard setback areas.

(8)

Signs shall be limited as specified in Article XV of this chapter.

(9)

Only normal residential yard and structure lighting appropriate for residential purposes shall be permitted.

(10)

As part of the special exception process, the Chief of the Township Fire Department, or the designated agent thereof, shall inspect the premises to evaluate access and structural layout. No certificate of occupancy shall be issued prior to an inspection by such authority. The owner shall make the premises available for reinspection by Township authorities at any reasonable time.

(11)

Only members of the family in residence at the premises shall be engaged in the conduct of the bed-and-breakfast establishment.

(12)

Overnight guests shall not occupy the facility for more than three consecutive nights in a thirty-day period.

[1]

Editor's Note: The Table of Lot, Area and Dimensional Requirements for A-1 Agricultural Districts is attached to this chapter.

	Agriculture
	Single-family detached dwelling
	*Single mobile home
	Public — parks and recreation
	Nature preserve, game lands
	Golf course (public and private)
	Country club, lodge
	Cemetery, mausoleum
	**Coal mine, underground
	Sawmill
	Stable, kennel, veterinary clinic
	Nursery, greenhouse, garden center
	School, church, philanthropic
	Municipal use and fire station
	Gas processing facility accessory use [Added 9-4-2007 by Ord. No. 2007-2]

	Recreation — private and commercial
	Mobile home park
	Coal mining adjunct facility
	Surface mining
	Wells, gas and oil [Amended 9-4-2007 by Ord. No. 2007-2]
	Landfills

	Day-care home
	Group residential facility
	Conversion apartment
	Home occupation
	Bed-and-breakfast

	*	Subject to criteria specified in Article XVII, Supplementary Regulations.
	**	Zoning approval shall be granted; provided, however, that the applicant shall have obtained from each appropriate state and federal regulatory agency or authority a permit issued in accordance with all applicable state and federal laws and regulations for the proposed use.