Agriculture Uses:
1.
Minimum lot size shall be five acres.
2.
Storage of manure or odor or dust-producing substance shall not be
permitted with 300 feet of any lot line.
3.
A commercial greenhouse with coal fired heating plant shall not be
operated within 100 of any residence or residential district. A commercial
greenhouse with natural gas or fuel oil heating plant shall not be
operated within 50 feet of any residence or residential district.
1.
The keeping of a horse or horses applies to private noncommercial
recreational use only for the residents of a single-family dwelling
or a lot devoted to agriculture activities in permitted districts.
2.
A minimum stable lot size of one acre is required for the harboring
of one horse, with an additional one acre for each additional horse.
3.
Stables shall be constructed according to the specifications and
recommendations of the Pennsylvania Equine Council.
4.
Stables shall be located not less than 100 feet from any lot line
or principal building.
5.
Yard areas for tracks shall be completely fenced and located at least
150 feet from any lot line.
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Residential Uses:
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1.
The continuing care retirement community is designed primarily for
persons aged 55 and over.
2.
The following uses shall be permitted as principal uses within the
continuing care retirement community.
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Residential Uses:
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A.
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Long-term care nursing centers, in accordance with § 27-2006.
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B.
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Personal care centers, in accordance with § 27-2006.
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C.
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Single family detached dwellings.
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D.
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Single family semi-detached dwellings.
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E.
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Single family attached dwellings.
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F.
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Multifamily dwellings.
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Public Uses:
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G.
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Public park, recreational areas and greenways.
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H.
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Public libraries and community activity buildings.
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I.
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Recreation areas and structures operated for the benefit or
use of the community.
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Institutional Uses
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J.
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Churches and similar places of religious worship in accordance with § 27-2038.
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3.
The following uses shall be permitted as accessory uses in the continuing
care retirement community for the exclusive use of residents and their
guests.
C.
Each accessory use shall be located in a building occupied by residential
uses or in a community activities building.
D.
Each accessory commercial use shall not exceed 2,500 square feet
of net floor area (for accessory commercial uses net floor area as
defined herein shall also exclude food preparation areas and lavatories).
(1)
The total area reserved of commercial accessory uses shall not
exceed 4% of the total land area including buildings, sidewalks, open
space, access drives and parking, and no more than 23,000 square feet,
whichever is less.
(2)
Parking for accessory commercial uses shall be provided at five
parking spaces per net floor area as defined for accessory commercial
uses.
4.
The continuing care retirement community shall meet the following
area, density, coverage and yard requirements.
A.
Minimum development area shall be 10 acres.
B.
Maximum density for residential units shall be 18 units per acre.
C.
Maximum impervious lot coverage shall be 50%.
D.
Minimum vegetative coverage shall be 50%.
F.
More than one building on a single lot shall meet the following minimum
interior yard spacing requirements:
5.
Staging of development. When the continuing care retirement community
is to be developed in stages, the following criteria must be met:
6.
Public water and public sewer shall be required.
7.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use, arrangement
of plant materials and installation by the developer. All areas of
the development not covered by impervious surfaces shall be landscaped
and maintained with suitable ground cover and plants.
A.
The plan shall indicate the extent in which existing vegetation will
be preserved for landscaping purposes.
B.
Earthen berms may be incorporated into the landscaping plan along
public street frontage and along property lines abutting existing
dwellings. Earthen berms shall have a maximum height of five feet
and a maximum slope of four feet horizontal to one-foot vertical.
C.
Landscaped areas shall be continually maintained by the landowner
or retirement community association. Care, grooming, and replacement
of plants shall be included as part of the required maintenance. Failure
to adequately maintain landscaped areas shall be subject to a citation
issued by the Township.
D.
In addition to landscape elements the plan shall include the layout
of walkways, lighting in accordance with the Susquehanna Township
Subdivision and Land Development Ordinance (§ 22-407.1A(9)),
and recreation areas throughout the development for the safety and
security of the residents.
(1)
Entrances to dwelling units shall be provided with all-weather
walkways to parking and refuse collection points, if applicable.
(2)
The development shall have shaded sidewalks or shaded paved
walking paths throughout the development.
(3)
The layout and design of pedestrian level street lighting shall
be provided throughout the development and parking areas.
E.
Parking areas within the continuing care retirement community shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself and shall be designed in accordance with § 27-2306.
F.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
8.
The continuing care retirement community shall provide proof that
all applicable State, County and Township licenses have been obtained.
9.
All buildings, with the exception of single family residents, shall
be required to provide a sprinkler system as a fire prevention measure.
1.
Group homes and family care facilities shall meet the following purposes:
A.
To develop reasonable guidelines so as not to discriminated against
any person in the terms, conditions or privileges of sale or rental
of a dwelling, or in the provision of services or facilities in connection
with such dwelling, because of a handicap or provided by the Fair
Housing Act.
B.
To reasonably regulate family care facilities that are recognized
as socially important, but are not afforded the same protection as
group homes under the Fair Housing Act and this Chapter.
C.
To promote the safety, health, morals, convenience and general welfare
of Susquehanna Township residents.
D.
To encourage the most appropriate use of land throughout the Township.
E.
To conserve and stabilize the value of property in the Township.
F.
To prevent the overcrowding of land and building in the Township.
G.
To secure safety from fire, panic and other dangers.
2.
Group homes. A group home, as defined by this Chapter, is permitted
in all zoning districts in Susquehanna Township, except in districts
where dwellings are not permitted. To assist the Township in its review
process, the following information shall be provided to the Susquehanna
Township Zoning Officer prior to the issuance of a building permit:
A.
In a narrative form, a statement of the proposed use, including its
location, number of residents, name, telephone number and contact
person of the sponsoring agency.
B.
A statement that all required approvals, permits and licenses have
been granted from the Federal, State, and County governments or other
public agencies.
C.
The number of people living in a group home shall not exceed that as permitted by the Susquehanna Township Code of Ordinances, Chapter 5, Part 2E "Habitable Rooms."
D.
The group home shall comply with all zoning regulations in the district
in which the group home is located.
E.
All other information that is required by the Susquehanna Township
Building Department prior to issuing a building permit shall also
be provided to the Township.
F.
The group home shall maintain a similar appearance, condition and
character to the existing dwellings in the immediate vicinity of the
group home.
G.
Occupants of the group home facilities shall live as a family unit.
H.
Under no circumstances shall any uses qualifying for or falling under
the definition of halfway house be considered a group home.
3.
Family care facilities. A family care facility, as defined by this
Chapter, is permitted in Business-Office-Residential Districts in
Susquehanna Township. To assist the Township in its review process,
the following information shall be provided to the Susquehanna Township
Zoning Officer prior to the issuance of a building permit.
A.
In a narrative form, a statement of the proposed use, including its
location, number of residents, name, telephone number and contact
person of the sponsoring agency.
B.
A statement that all required approvals, permits and/or licenses
and verification that all required approvals, permits and licenses
have been granted from the Federal, State, and County governments
or other public agencies.
C.
The number of people living in a family care facility shall not exceed that as permitted by the Susquehanna Township Code of Ordinances, Chapter 5, Part 2E "Habitable Rooms."
D.
The family care facility shall comply with all zoning regulations
in the district in which the family care facility is located.
E.
All other information that is required by the Susquehanna Township
Building Department prior to issuing a building permit shall also
be provided to the Township.
F.
No family care facility shall be established within 1,000 feet of
another family care facility or a group home.
G.
The family care facility shall maintain a similar appearance, condition
and character to the existing dwellings in the immediate vicinity
of the family care facility.
H.
Occupants of the family care facilities shall live as a family unit.
I.
Under no circumstances shall any uses qualifying for or falling under
the definition of halfway house be considered a family care facility.
1.
A halfway house must be licensed where required by an appropriate
government agency(ies), and shall be in compliance with all applicable
rules and regulations of the licensing body(ies). A copy of any required
license must be delivered to the Township prior to beginning the use.
2.
A halfway house shall be directly affiliated with a parent institution
or organization which shall provide full-time supervision and administration
to the residents of the house.
3.
A common cooking and eating area must be provided; no cooking or
dining facilities shall be provided in individual rooms or suites.
4.
The residents of the halfway house shall reside on-premises to benefit
from the services provided.
5.
Necessary permits for water supply and sanitary waste disposal must
be obtained.
6.
The halfway house shall not be located within 1,000 feet of any religious
structure, public recreation facility, school facility, day care center
or public library.
7.
The halfway house shall not be located with 1,000 feet of another
halfway house.
8.
Each Special Exception application shall be accompanied by a statement
describing the following:
A.
The character of the halfway house;
B.
The policies and goals of the halfway house, and the means proposed
to accomplish those goals;
C.
The characteristics of the residents and number of residents to be
served;
D.
The operating methods and procedures to be used; and
E.
Any other facts relevant to the proposed operation of the halfway
house.
9.
Any Special Exception granted for the halfway house shall be bound
to the type and number of offenders listed on the application. Any
change in the type or number of offenders being housed shall require
a new Special Exception.
1.
In addition to residential units (living and sleeping quarters with
or without kitchen facilities), the following accessory service uses
may be provided for the exclusive use of residents and their guests.
These special services may include, but are not limited to the following
services:
2.
In addition to residential units, the following accessory commercial
uses shall be permitted.
3.
Each accessory use shall be located in a building occupied by residential
units.
4.
Each accessory commercial use shall not occupy more the 2,000 square
feet of net floor area (excluding food preparation areas and lavatories).
5.
The total space allotted for accessory commercial uses within a single
building shall not exceed 10% of the total gross building area.
6.
The maximum density for residential units shall be 20 units per acre.
7.
8.
Public water and public sewer shall be required.
9.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use, arrangement
of plant materials and installation by the developer. All areas of
the development not covered by impervious surfaces shall be landscaped
and maintained with suitable ground cover and plants.
A.
The plan shall indicate the extent in which existing vegetation will
be preserved for landscaping purposes.
B.
Earthen berms may be incorporated into the landscaping plan along
public street frontage and along property lines abutting existing
dwellings. Earthen berms shall have a maximum height of five feet
and a maximum slope of four feet horizontal to one-foot vertical.
C.
Landscaped areas shall be continually maintained by the landowner
or a homeowner's association or a condominium association. Care, grooming,
and replacement of plants shall be included as part of the required
maintenance. Failure to adequately maintain landscaped areas shall
be subject to a citation issued by the Township.
D.
In addition to landscape elements the plan shall include the layout
of walkways, lighting, and recreation areas throughout the development
for the safety and security of the residents.
(1)
Entrances to dwelling units shall be provided with all-weather
walkways to parking and refuse collection points, if applicable.
(2)
The development shall have shaded sidewalks or shaded paved
walking paths throughout the development.
(3)
The layout and design of pedestrian level street lighting shall
be provided throughout the development and parking areas.
E.
Parking areas within an a center shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself and shall be designed in accordance with § 27-2306.
F.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
10.
The center shall provide proof that all applicable State, County
and Township licenses have been obtained.
11.
All buildings shall be required to provide a sprinkler system as
a fire prevention measure.
1.
The minimum parcel size for any mobile home park development shall
be 10 acres.
2.
The maximum density of a mobile home units shall be seven units per
acre.
3.
No single mobile home lot shall be less than 4,200 square feet.
4.
No mobile home lot shall be within 50 feet of a park boundary, nor
within 50 feet of an outside street right-of-way. This shall constitute
the mobile home park boundary.
5.
No mobile home, office, or service building shall be located within
50 feet of a park boundary; nor within 75 feet of an outside street
right-of-way; nor within 10 feet of the right-of-way of an interior
park street or the paved edge of a common parking area or common walkway;
nor within 16 feet of an adjacent structure or mobile home; nor within
the designated recreation or open space areas.
6.
Each mobile home shall have a minimum front yard of 20 feet, rear
yard of 25 feet, and two sides of eight feet each. In no case shall
the distance between any two mobile homes be less than 16 feet.
7.
A paved on-site walkway of a minimum width of three feet shall be
provided to each mobile home unit from an adjacent street.
8.
There shall be a common walk system four feet wide through the development.
9.
Each mobile home lot shall abut on a park access drive, which shall
be a dedicated public road built to Township specifications. Access
to all mobile home lots shall be from the internal roadway network.
10.
Each mobile home space shall contain no more than one mobile home.
11.
Recreation land shall be provided in accordance with the Susquehanna
Township Subdivision and Land Development Ordinance. If recreation
land is provided, it shall be located in an area of the tract that
will be usable for both active and passive recreation and acceptable
to the Zoning Hearing Board.
12.
Each mobile home stand shall have attachments for waste disposal,
water supply facilities, and electrical service, and shall be properly
connected to an approved method of sewage disposal, and water and
electric supply.
13.
Protective skirting shall be placed around the area between the ground
surface and the floor level of each mobile home so as to prevent that
area from forming a harborage for rodents, creating a fire hazard,
or exposing unsightly conditions.
14.
No travel or vacation trailer or other form of temporary living unit
shall be placed upon any mobile home stand or used as a dwelling within
the mobile home park.
15.
Individual mobile home owners may install accessory or storage shed,
extensions and additions to mobile homes and exterior patio area.
Any such facilities so installed shall not intrude into any required
minimum front, side or rear yard and in every case, shall substantially
conform in style, quality and color to the existing mobile homes.
16.
Each mobile home shall be provided with a minimum of two paved parking
spaces, which shall be located on the mobile home space. If on-street
parking is provided, on additional off-street parking space per unit
shall be provided in a common visitor parking compound. Such visitor
parking compounds shall be sized, arranged, and located so that the
spaces are within 300 feet walking distance to those units served.
17.
Each mobile home shall be placed on a six inch thick poured concrete
pad over a six inch stone base, the length and width of which shall
be a least equal to the length and width of the mobile home it is
to support.
18.
All mobile home parks shall be screened from adjoining properties
and roads.
1.
No more than 18 units shall be in a building, unless otherwise stated
herein. Notwithstanding the foregoing, up to 54 units shall be permitted
if the building is new construction for senior citizens aged 62 and
older.
[Amended by Ord. 15-03, 3/12/2015]
2.
Lot area per dwelling unit shall not be less than the area required
by the district regulations.
4.
Public water and public sewer shall be required.
5.
Entrances to dwelling units shall be provided with all-weather walkways
to parking and refuse collection points, if applicable.
6.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use and arrangement
of plant materials. All areas of the development not covered by impervious
surfaces shall be landscaped and maintained with suitable ground cover
and plants. Existing vegetation is encouraged to be preserved for
landscaping purposes.
A.
Earthen berms may be incorporated into the landscaping plan along
public street frontage and along property lines abutting existing
dwellings. Earthen berms shall have a maximum height of five feet
and a maximum slope of four feet horizontal to one-foot vertical.
B.
Landscaped areas shall be continually maintained by the landowner
or a homeowner's association or a condominium association. Care, grooming,
and replacement of plants shall be included as part of the required
maintenance. Failure to adequately maintain landscaped areas shall
be subject to a citation issued by the Township.
C.
Parking areas within a multiple family development shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself and shall be designed in accordance with § 27-2306.
D.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
7.
In the BOR District, the following requirements shall also apply
for reusing a building initially constructed and occupied for a nonresidential
use:
[Added by Ord. No. 18-02, 1/11/2018]
A.
The building must be located within 250 feet of the R-4 District,
MU-1 District or any other zoning district that permits multiple-family
dwellings.
B.
The building must have been in existence for at least 20 years.
D.
Open space shall be provided at a rate of not less than 10% of the
floor area of the building.
E.
A swimming pool, fitness center or other indoor or outdoor area of
active or passive recreation shall be provided on the property.
F.
Scale and Massing. The following standards shall apply to buildings
with a gross floor area greater than 50,000 square feet:
(1)
Large building masses shall be divided into heights and sizes
that relate to human scale by incorporating changes in building mass
or direction, sheltering roofs, a distinct pattern of divisions on
surfaces, windows, trees, or small-scale lighting.
(2)
Vertical Definition. The maximum length of any building wall
that is parallel with, and oriented toward, the public street is 100
feet without vertical definition. Vertical definition may be in the
form of changes in color and materials, modulations of sufficient
width and depth to define the vertical element, or some combination
of these techniques.
(3)
Horizontal Definition. All buildings shall include design techniques
which clearly define the building's top, middle, and bottom, as follows:
(a)
Top: shall include sloped roofs, strong eave lines, cornice
treatments, horizontal trellises, sunshades, or other similar architectural
features.
(b)
Middle: shall include windows, balconies, material changes,
railings, or similar architectural treatments.
(c)
Bottom: shall include pedestrian-oriented storefronts, pedestrian-scale
building details, awnings, arcades, "earth" materials including concrete,
stone, stucco, or other similar architectural treatments.
1.
The minimum lot size shall be 8,000 square feet and minimum lot width
shall be 65 feet at the building line.
2.
No more than three dwelling units shall be added.
3.
Each dwelling unit within the converted building shall have not less
than 2,000 square feet of land area per dwelling unit and a minimum
of 700 square feet of floor area per each unit.
5.
There is no exterior evidence of change in the building except as
required by building codes or regulations.
6.
Fire escapes, where required, shall be in the rear of the building
and shall not be located on any wall facing a street.
8.
Public water and sewer shall be provided.
9.
The plans for the conversion of the building shall be submitted to
the Codes Enforcement Officer for review and approval.
1.
A common cooking and eating area must be provided; no cooking or
dining facilities shall be provided in individual rooms or suites.
2.
Minimum period of residency for all boarders/roomers shall be one
week.
3.
The lot on which such building is located must have a lot area, in
addition to other area requirements of the Ordinance, of not less
than 1,500 square feet for each person for whom accommodation is provided
therein.
4.
Necessary permits for water supply and sanitary waste disposal must
be obtained.
5.
The house must retain the character of a single-family dwelling unit.
6.
Off-street parking shall be provided in accordance with the provisions of Part 23 of this Chapter.
7.
In addition to the above requirements, rooming or boarding houses with five or more occupants, shall meet the requirements of Title 28, Health and Safety, of the Pennsylvania Code, Chapter 20, regulating responsibilities of the owner, tenant, and requirements for water supply, toilet facilities, and ventilation and light and any other applicable State regulation and requirement.
1.
No more than eight units shall be in attached in a row.
2.
Lot area per dwelling unit shall not be less than the area required
by the district regulations.
4.
Public water and public sewer shall be required.
5.
In single-family attached buildings staggered setbacks of individual
dwelling units accompanied by a variation in facade design are required
so the buildings offer visual variety, individualism, and provide
private yard areas. No more than two contiguous units shall have the
same facade setback within a building. Changes in unit setback shall
involve a minimum of four feet.
6.
Entrances to dwelling units shall be provided with all-weather walkways
to parking and refuse collection points, if applicable.
7.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use and arrangement
of plant materials. All areas of the development not covered by impervious
surfaces shall be landscaped and maintained with suitable ground cover
and plants. Existing vegetation is encouraged to be preserved for
landscaping purposes.
A.
Earthen berms may be incorporated into the landscaping plan along
public street frontage and along property lines abutting existing
dwellings. Earthen berms shall have a maximum height of five feet
and a maximum slope of four feet horizontal to one-foot vertical.
B.
Landscaped areas shall be continually maintained by the landowner
or a homeowner's association or a condominium association. Care, grooming,
and replacement of plants shall be included as part of the required
maintenance. Failure to adequately maintain landscaped areas shall
be subject to a citation issued by the Township.
C.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
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Commercial Uses:
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1.
The lot of such business shall not be located within 500 feet of
any residential use or residential zoning district.
2.
The lot of such business shall not be located within 1,000 feet of
any religious structure, public recreation facility, school facility,
day care center or public library.
3.
The lot of such business shall not be located within 1,000 feet of
another adult oriented business.
4.
No material, merchandise, film or service offered for sale, rent,
lease, loan or for view shall be exhibited, displayed or graphically
represented outside of a building or structure or that can be seen
from the exterior of the building.
5.
Any building or structure used and occupied as an adult regulated
facility shall be windowless or have an opaque covering over all windows
or doors of any area in which materials, merchandise, film, service
or entertainment are exhibited or displayed.
6.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film,
service or entertainment offered therein.
7.
Each and every entrance to the structure shall be posted with a notice
of at least four square feet that the use is an adult regulated facility
restricting persons under the age of 18 from entrance.
8.
No unlawful sexual activity or conduct shall be performed or permitted.
9.
The following shall be prohibited. Any use or activity prohibited
by § 5903 of the Pennsylvania Crimes Codes as amended and
further defining the offense of obscenity, redefining obscene and
further providing for injunctions.
1.
Minimum lot size shall be five acres.
2.
Sufficient screening and/or landscaping in accordance with the § 27-2106(5) or as determined by the Zoning Hearing Board shall be provided to mitigate visual and/or audible impacts on adjoining properties.
3.
The applicant shall present evidence that the proposed use will not
be detrimental to the use of adjoining properties as a result of,
but not limited to, hours of operation, noise, light, litter, dust,
pollution and traffic congestion.
4.
Required off-street parking will be determined upon the types of activities proposed and the schedule listed in § 27-2302.
A.
The Zoning Hearing Board may require an unimproved grassed overflow
parking area to be provided for peak use periods.
B.
Overflow parking areas shall be accessible only from interior driveways
of the permanent parking lot.
C.
Overflow parking shall contain screening and/or fencing to prevent
vehicles from crossing adjoining properties or directly accessing
adjoining roads.
5.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods.
6.
Any outside pedestrian waiting lines shall be provided with a means
of shade.
1.
Arcades shall be separated from attached buildings or structures
by a wall with a sound transmission class (STC) of a least 56, per
American Society of Testing and Material (ASTM) designation E-90 or
E-336, and E413.
2.
Arcades located in detached buildings or structures shall be separated
from neighboring buildings or structures by at least 20 feet.
3.
All arcades shall have a least one attendant on duty during all hours
of operation.
4.
Arcades shall be located at least 1,000 feet from school buildings,
school playgrounds, and church buildings.
5.
Readily visible signs shall be installed, with their location, size
and text shown in plans submitted to the Township, prohibiting the
use of amusement devices by persons under 16 years of age during normal
school hours, and where the premises are used primarily for the serving
or consumption of alcohol, prohibiting the use of such amusements
by persons under 21 years of age at all times.
6.
The applicant shall furnish a written plan for controlling noise
or loitering outside the building.
7.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
1.
No modifications to the external appearances of the building (except
fire escapes), which would alter its residential character shall be
permitted.
2.
Guest stays shall be limited to a maximum of 14 consecutive days.
3.
A maximum of 10 guest-rooms shall be permitted.
4.
Breakfast or brunch shall be provided only to the guests of the establishment.
5.
The operation of the inn shall be conducted so as to be clearly incidental
and accessory to the primary use as a single-family dwelling.
1.
Campgrounds shall meet all requirements set forth in Title 28 of the Pennsylvania Code, Chapter 19, Organized Camps and Campgrounds, and other rules and regulations of the Commonwealth.
2.
There shall be a minimum lot area of 15 acres with a maximum impervious
coverage of 10%.
3.
All campsites shall be located at least 50 feet from any side or
rear property line and at least 100 feet from any public street right-of-way
line.
4.
Each campsite shall be at least 1,000 square feet in size and shall
either provide parking space for one automobile, which will not interfere
with the convenient and safe movement of traffic, or equivalent parking
shall be provided in a common parking area.
5.
An internal road system shall be provided.
6.
All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining residentially — zoned properties.
Such outdoor play areas shall be used exclusively by registered guests
and their visitors.
7.
All centralized sanitary and garbage collection facilities shall
be set back a minimum of 100 feet from any property line. Such facilities
shall be screened from any adjoining residential property.
8.
Any accessory retail or service commercial uses shall be setback
a minimum of 100 feet from any property line. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for these commercial uses shall only have vehicular access from the
campground's internal road rather than the public street. All accessory
commercial uses and related parking shall be screened from adjoining
parcels use for residential purposes.
9.
All campgrounds containing more than 100 campsites shall have vehicular
access to an arterial or major collector roadway.
10.
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities. Responsibility for
maintenance of the recreation area shall be with the landowner.
11.
During operation every campground shall have an office in which shall
be located the person responsible for the operation of the campground.
12.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public street.
1.
All structures housing washing apparatus shall be set back at least
50 feet from the front street right-of-way line and 25 feet from any
side property line.
2.
Trash receptacles must be provided and routinely emptied to prevent
the scattering of litter.
3.
Each washing bay shall provide a one-hundred-foot long on-site stacking
lane.
4.
All structures housing washing apparatuses shall be set back 20 feet
from any side lot line.
5.
Direct access shall be provided from an arterial or collector road.
6.
Public water and sewer shall be provided.
1.
A site circulation plan shall be devised that separates those patrons
awaiting fueling service from those patrons awaiting other services.
The plan shall include the following information:
2.
Parking shall not be permitted between the main entrance of the store
and the refueling bays.
4.
Minimum width at the building setback line shall be 250 feet.
5.
A buffer yard/screen planting shall be maintained along all property lines abutting a residential use in accordance with § 27-2106(5).
1.
No service station shall be located nearer that 1,000 feet to the
lot line of any school, hospital or long-term care nursing or personal
care center.
2.
A site circulation plan shall be prepared and include the following
information:
3.
Parking shall not be permitted between the main entrance of the store
and the refueling bays.
5.
Minimum frontage on an interior lot shall be not less than 125 feet
and on a corner lot on a side street not less than 100 feet and the
front street not less than 125 feet.
6.
A buffer yard/screen planting shall be maintained along all property lines abutting a residential use in accordance with § 27-2106(5).
1.
The minimum lot area shall be not less than: 45 acres for a par three,
18 hole course; 60 acres for a nine hole or executive golf course;
and 100 acres for a regulation 18 hole course.
2.
The course shall be designed so that golf balls will not be driven
over or across any building, building lot, road, access drive, driveway
or parking lot. In addition, the golf course design shall minimize
the cart path crossing of streets.
3.
A minimum separation distance shall be maintained between the golf
course and adjoining properties. The following minimum distances shall
be measured from the center line of the golf course to the adjacent
property line.
A.
Seventy-five feet minimum distance from the center line of the tee
box to the adjacent property line.
B.
One hundred fifty feet minimum distance from the center line of the
landing area to the adjacent property line.
C.
One hundred feet minimum distance from the center line of the green
to the adjacent property line.
4.
The area between the edge of the course and the property line shall
be utilized for planting, as appropriate, to preserve and protect
adjoining properties and views from and of the golf course. Planting
areas shall be delineated on the preliminary subdivision and land
development plan. The planting scheme (size, type and location of
landscaping) shall be shown on the landscape plan submitted with the
final subdivision and land development plan.
5.
All golf course buildings and structures shall be set back 250 feet
from any exterior lot line.
6.
Any points where the golf course crosses a road shall be signed warning
motorists and pedestrians.
7.
No outdoor storage of golf carts or maintenance equipment shall be
permitted.
9.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
1.
Minimum lot area shall be one acre.
2.
Front, side, and rear yards shall be permanently landscaped and maintained
in good condition.
3.
All buildings and structures shall be setback a minimum of 30 feet
from any lot line.
5.
A buffer yard of at least 50 feet shall be provided where the site
adjoins a residential use or district.
6.
The buffer yard shall not be used for building, parking, loading
or storage purposes.
7.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use and arrangement
of plant materials. All areas of the development not covered by impervious
surfaces shall be landscaped and maintained with suitable ground cover
and plants. Existing vegetation is encouraged to be preserved for
landscaping purposes.
A.
Earthen berms may be incorporated into the landscaping plan along
public street frontage and along property lines abutting existing
dwellings. Earthen berms shall have a maximum height of five feet
and a maximum slope of four feet horizontal to one-foot vertical.
B.
Landscaped areas shall be continually maintained by the landowner.
Care, grooming, and replacement of plants shall be included as part
of the required maintenance. Failure to adequately maintain landscaped
areas shall be subject to a citation issued by the Township.
C.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
1.
For the purposes of these districts, indoor recreational facilities
shall include an indoor facility that provides for active recreation
and physical fitness activities for the general public within a completely
enclosed structure for a fee or admission charge, including but not
limited to bowling alleys, skating rinks and skate boarding parks,
climbing facilities, soccer facilities, and other facilities where
the principal use includes a gymnasium, exercise room or other active
sports facilities.
2.
Any music or video facilities shall be accessory to the main activity.
3.
Facilities for other accessory uses, such as eating facilities, retail
or video games (arcades) or uses shall not exceed, in total, 20% of
the facility space.
4.
No noise from the facility beyond 45 decibels may be audible beyond
the lot lines.
1.
Kennels shall be completely enclosed. No more than 10 dogs or other
domestic animals may be housed in one kennel.
2.
Kennels shall be located at least 100 feet from any lot line.
3.
All kennels shall be licensed by the Commonwealth and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Chapter 21, General Provisions; Kennels; Licensure; Dog-Caused Damages, as amended.
4.
Yard areas or pens shall be fenced with wire mesh fencing and located
at least 150 feet from any lot line.
1.
Marinas may provide the following services if specifically authorized
by the special exception approval.
A.
Launching ramps and small hoists.
B.
Piers, wharfs and other facilities for the berthing and securing
of recreational water craft.
C.
Dockside maintenance and repair necessary to keep water craft in
operable condition.
D.
Wet storage and mooring of seaworthy pleasure craft in operable condition.
E.
Dispensing of fuel, subject to all applicable State, Federal and
local rules and regulations.
F.
Shower and laundry facilities for marina clientele, only.
G.
Vending machines.
H.
Dry stack storage of water craft.
2.
The property shall have a minimum area of one acre located above
the mean high water mark.
3.
All services provided by the marina shall be located on the same
zoning lot or on the piers associated therewith.
4.
All retail sales and services shall be enclosed. The maximum structure
size or bulk shall be limited to an area not to exceed 10 square feet
of net floor area for each boat slip.
5.
Areas for boat trailer storage and open field boat storage shall be designated and screened in accordance with § 27-2106(5). Open field boat storage on trailers may be provided at a ratio of one ten-foot by twenty-foot space for each two boat slips.
6.
Firefighting or fire prevention equipment shall be as specified by
the local fire service in which the marina is located.
7.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
1.
Minimum lot area shall be 10 acres.
2.
Minimum lot width shall be 300 feet.
3.
Adjacent areas must be predominantly undeveloped and the range area
must be at least 200 feet from any property or street right-of-way
line. The use must also be located at least 1,000 feet from any existing
residential dwelling.
4.
An earthen background berm must be provided within 20 feet of the
farthest target post to prevent wild or ricocheting bullets or wild
or stray arrows. The berm shall meet the following requirements.
A.
The berm shall have a slope of not less than one vertical to two
horizontal and must extend at least eight feet above the ground level
of the highest target.
B.
The crest of the berm at the eight-foot minimum height limit shall
be at least four feet in width as measured between the wall of the
berm facing the range and the opposite wall.
5.
Earthen side berms must be provided immediately adjacent to the range
and shall extend from the firing line to the background berm.
6.
Only targets mounted on target posts shall be permitted. No targets
of any kind shall be set directly on the ground.
7.
Warning signs must be posted at least 10 feet from the outside of
the berm.
8.
The firing range shall be free of gravel and other hard surface materials
and be adequately drained.
9.
Adult supervision must be provided for children under 16 years of
age.
10.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
1.
Shopping centers or malls shall meet the following area, bulk and
dimensional requirements.
|
Requirements
|
Shopping centers/malls with up to 50,000 square feet of
gross floor area
|
Shopping centers/malls with between 50,000 and 100,000
square feet of gross floor area
|
Shopping centers/malls with over 100,000 square feet of
gross floor area
| |
|---|---|---|---|---|
|
Minimum lot area
|
2 acres
|
6 acres
|
14 acres
| |
|
Minimum lot width
|
250 feet
|
300 feet
|
500 feet
| |
|
Minimum lot depth
|
250 feet
|
500 feet
|
750 feet
| |
|
Minimum yard setbacks
| ||||
|
Front
|
35 feet for buildings and structures, 20 feet for off-street
parking
|
50 feet for buildings and structures, 25 feet for off-street
parking
|
100 feet for buildings and structures, 40 feet for off-street
parking
| |
|
Side
|
25 feet for buildings and structures, 15 feet for off-street
parking
|
30 feet for buildings and structures, 20 feet for off-street
parking
|
40 feet for buildings and structures, 25 feet for off-street
parking
| |
|
Rear
|
25 feet for buildings, structures, off-street parking, and loading
spaces and dumpsters
|
30 feet for buildings, structures, off-street parking, and loading
spaces and dumpsters
|
40 feet for buildings, structures, off-street parking, and loading
spaces and dumpsters
| |
|
Minimum setback from residences or residential zones
|
50 feet for buildings, structures, off-street parking and loading
spaces and dumpsters
|
75 feet for buildings, structures, loading spaces and dumpsters,
and 50 feet for off-street parking
|
100 feet for buildings, structures, loading spaces and dumpsters,
and 50 feet for off-street parking
| |
|
Minimum vegetative coverage
|
35%
|
40%
|
45%
| |
|
Maximum impervious lot coverage
|
65%
|
60%
|
55%
| |
2.
No off-street loading or dumpsters shall be allowed in the front
or side yards.
3.
All shopping centers or malls shall be under unified management,
which shall clearly establish centralized responsibility for the operation
and maintenance of the project including all common areas.
4.
The shopping center or mall shall be designed in accordance with
a unified architectural theme. Similar and complimentary building
dimensions, materials and roof-lines shall be designed for all proposed
uses.
5.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use and arrangement
of plant materials. All areas of the development not covered by impervious
surfaces shall be landscaped and maintained with suitable ground cover
and plants. Existing vegetation is encouraged to be preserved for
landscaping purposes.
A.
Earthen berms may be incorporated into the landscaping plan along
public street frontage and along property lines abutting existing
dwellings. Earthen berms shall have a maximum height of five feet
and a maximum slope of four feet horizontal to one-foot vertical.
B.
Landscaped areas shall be continually maintained by the landowner.
Care, grooming, and replacement of plants shall be included as part
of the required maintenance. Failure to adequately maintain landscaped
areas shall be subject to a citation issued by the Township.
C.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
6.
A traffic study shall be submitted by the applicant in accordance with § 22-405 of the Susquehanna Township Subdivision and Land Development Ordinance. The traffic study include the following study elements:
A.
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
B.
A description of the location of bus stops to be conveniently accessible
for patrons traveling to and from the site by bus. The location for
a bus stop must be provided even if current bus service is unavailable.
The bus stop area shall include a shelter, seating, waste receptacle,
and shaded area.
C.
Traffic generation impact on adjacent roadway systems within 1/2
mile from the edge of the shopping center or mall.
7.
All shopping centers or malls shall front on an arterial or major
collector roadway.
8.
All access drives shall be set back at least 200 feet from the intersection
of any street right-of-way.
9.
Off-street parking shall be provided in accordance with the provisions of Part 23 of this Chapter, unless otherwise modified in accordance with the following:
[Amended 2/14/2013 by Ord. 13-01]
A.
A reduction
in the required number of parking spaces for shopping centers/malls
shall be permitted by special exception, subject to the following
standards:
(1)
The shopping center/mall shall have been open for more than two years
and have more than 100,000 square feet of gross floor area.
(2)
The required number of parking spaces may be reduced to the greater
of i) 2.5 spaces per 1,000 square feet of gross floor area of the
shopping center/mall or ii) 150% of the demonstrated parking demand
during regular peak hours.
(3)
To the extent that, through the granting of a special exception,
the shopping center/mall has more parking spaces than the reduced
number of spaces that is permitted by special exception, interior
landscaping islands shall be added to the parking area of the shopping
center/mall to comply with the interior landscaping island standards
of §§ 27-2306.1 through 27-2306.3; however, in no case shall
the number of additional interior landscaping islands required under
this section exceed the number of excess parking spaces.
(4)
After the date on which the required number of parking spaces is reduced pursuant to Subsection 9.A, if more than 30% of the gross floor area of the shopping center/mall is razed and reconstructed, individually or cumulatively, the required number of parking spaces for such razed and reconstructed floor area shall be calculated based upon parking space requirements of § 27-2302 rather than the reduced ratio of parking spaces that is permitted by special exception.
(5)
After the date on which the required number of parking spaces is reduced pursuant to Subsection 9.A, if additional floor area is constructed such that the gross floor area of the shopping center/mall is increased, the required number of parking spaces for such additional floor area shall be calculated based upon parking space requirements of § 27-2302 rather than the reduced ratio of parking spaces that is permitted by special exception.
B.
In granting
a special exception pursuant to this subsection, the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this subsection.
1.
The site shall be located a minimum of 150 feet from any school,
child or adult daycare facility, community center, or church.
2.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties owing to hours of
operation, light, and/or litter.
3.
The applicant shall furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
of the building. Noise levels shall not exceed 45 dBA or five dBA
above ambient noise levels as measured at the side and rear property
lines.
4.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
1.
Permitted uses in business parks shall include all office, public/utility,
institutional, and recreational uses permitted in the underlying district;
however, adult-oriented businesses shall not be permitted in the business
park.
3.
Except for fitness and recreation sports centers, which may occupy
a free standing structure, the accessory uses shall not be more than
25% of the building devoted to permitted uses.
4.
Access. The park shall be designed in conformance with the following
access requirements.
A.
Primary access shall be from an arterial or collector road as identified and defined in the Susquehanna Township Subdivision and Land Development Ordinance Street Classification System, § 22-502 or a road having adequate structural and geometrical characteristics as determined by the Township Engineer to handle the anticipated future truck traffic.
B.
Truck traffic going to and from the business park shall not be permitted
in residential neighborhood streets.
C.
Traffic entrances and exits shall be located 300 feet from residential
uses to minimize truck traffic noise and vibration.
D.
All internal streets shall meet Township specifications and the Susquehanna
Township Subdivision and Land Development Ordinance and shall remain
private unless accepted for dedication by the Township Board of Commissioners.
5.
A traffic impact study shall be required.
6.
Minimum tract area: 15 acres.
7.
Minimum tract width: 400 feet.
10.
Maximum building height: no principal structure shall exceed four
stories or 50 feet; and no accessory structure shall exceed two stories
or 25 feet in height.
11.
Appearance. To the extent possible, the appearance should be harmonious
with adjoining properties. These features include, but are not limited
to, landscaping, enclosure of principal and access uses, heights,
signage, structural density, and architecture.
12.
An infrastructure plan showing the adequacy of water and sewer shall
be required at the time of subdivision and land development.
13.
All utility lines shall be placed underground.
14.
Landscaping Plan. A landscaping plan for the entire tract shall be
required. A landscape architect licensed by Commonwealth of Pennsylvania
shall be retained to complete such a plan to ensure the proper species,
use and arrangement of plant materials. All areas of the development
not covered by impervious surfaces shall be landscaped and maintained
with suitable ground cover and plants. Existing vegetation is encouraged
to be preserved for landscaping purposes.
A.
Earthen berms may be incorporated into the landscaping plan along
public street frontage and along property lines abutting existing
dwellings. Earthen berms shall have a maximum height of five feet
and a maximum slope of four feet horizontal to one-foot vertical.
B.
Landscaped areas shall be continually maintained by the landowner.
Care, grooming, and replacement of plants shall be included as part
of the required maintenance. Failure to adequately maintain landscaped
areas shall be subject to a citation issued by the Township.
C.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
15.
Areas held in common ownership.
A.
A detailed statement including covenants, agreements or specific
documents showing ownership and method of maintenance, financial responsibility
and evidence of financial viability of the ownership entity, and utilization
of common ground shall be submitted at the time of land development
for all buffer areas, streets, or parking areas held in common ownership.
B.
Ownership and maintenance of greenways/open space areas shall be in accordance with § 27-2116 of this Chapter.
C.
The Township Solicitor shall review such documents to determine whether
they adequately provide for the creation of and maintenance of common
areas.
D.
Such documents shall provide that any alteration or amendment to
the agreements shall not be accomplished without the express review
and consent of the Township.
16.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
1.
Minimum lot area shall be five acres.
2.
The outdoor area devoted to the storage of junk shall be completely
enclosed by an eight-foot high opaque fence which shall be set back
at least 50 feet from all property lines and 100 feet from residentially-zoned
or existing residential properties.
3.
The setback area between the fence and the lot lines shall be kept
free of weeds and all scrub growth.
4.
All completely-enclosed buildings used to store junk shall be set
back at least 50 feet from all property lines.
5.
No material may be stored or stacked so that it is visible from adjoining
properties and roads.
6.
All additional Federal and State laws shall be satisfied.
7.
All junk shall be stored or arranged so as to permit access to firefighting
equipment and to prevent the accumulation of water, and with no junk
piled to a height greater than eight feet.
8.
No oil, grease, tires, gasoline, or other similar material shall
be burned at any time.
9.
Any junkyard shall be maintained in such a manner as to cause no
public or private nuisance, not to cause any offensive or noxious
sounds or odors, nor to the breeding or harboring of rats, flies,
mosquitoes, or other vectors.
10.
No junkyard shall be located on land with a slope in excess of 5%.
1.
Such facility shall be established and operated in accordance with
the applicable requirements of all State and Federal codes, acts,
rules and regulations, as amended and all State and Federal regulating
bodies and agencies. The applicant must demonstrate compliance through
a written statement and continue to comply with all applicable State
and Federal standards and regulation.
2.
A minimum lot area of 25 acres is required.
3.
No facility shall be located within 500 feet of any street or property
line and must be screened from all adjoining roads and properties.
4.
The lot shall have direct access to an arterial roadway as shown
in the Susquehanna Township Subdivision and Land Development Ordinance
or a road having adequate structural and geometrical characteristics
as determined by the Township Engineer to handle the anticipated future
truck traffic.
5.
It shall be demonstrated that the use, because of its location and
proposed method of operation, will not have an adverse effect upon
any surrounding residential properties.
6.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting to be weighed will not back up
onto public roads.
7.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against the indiscriminate
and unauthorized dumping, all areas of the site shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
8.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted
to the Township.
9.
The unloading, processing, transfer and deposition of solid waste
shall be continuously supervised by a qualified facility operator.
10.
Any waste that cannot be used in any disposal process or material
that is to be recycled, shall be stored in leak and vector proof containers.
Such containers shall be designed to prevent their being carried by
wind or water. These containers shall be stored within a completely
enclosed building.
11.
A contingency plan for the disposal of solid waste during a facility
shutdown, shall be submitted to the Township.
12.
The applicant shall submit an analysis of raw water needs from either
private or public sources, indicating quantity of water required.
13.
Such facility is part of a solid waste plan approved by the Dauphin
County Planning Commission.
14.
Any processing of solid waste shall be conducted within a completely
enclosed building.
15.
Any area used for the unloading, transfer, storage, processing, incineration
or deposit of refuse must be completely screened from view of the
property line. The use of an earthen berm is encouraged. In addition,
such areas must also be completely enclosed by a minimum eight-foot
high fence, with no openings greater than two inches in any direction.
|
Institutional Uses:
|
1.
Facility operators shall be responsible for meeting all State and Federal licensing and registrations requirements and shall provide proof of compliance with the Commonwealth of Pennsylvania Code, Title 55, Chapter 3270, Child Day Care Centers or Title 6, Chapter 11, Older Adult Daily Living Centers.
2.
Indoor and outdoor play areas shall be provided for child day care
center in accordance with State requirements and the following local
requirements. Adult passive recreation areas may be provided for older
adult daily living centers.
A.
Off-street parking compounds shall not be used as outdoor play areas.
B.
Outdoor play areas shall not be located in the front yard.
C.
Outdoor play areas shall be set back from all property lines a minimum
of 30 feet.
D.
Outdoor play areas shall be completely enclosed by a six-foot high
fence and screened from adjoining residentially-zoned properties.
Any vegetative materials located within the outdoor play area shall
be a nonharmful type (poisonous, thorny, allergenic, etc.).
E.
All outdoor play areas must provide a means of shade, such as shade
trees or pavilions.
3.
Enrollment shall be defined as the largest number of children and/or
older adults under supervision at any one time during a seven day
period.
4.
Passenger drop-off and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic on or
adjacent to the site.
5.
Buffers and screens shall be in accordance with § 21-2106.5
herein.
1.
The applicant shall meet all requirements of the Commonwealth of
Pennsylvania Code, Title 25, Chapter 171, Schools and State and Federal
requirements for the construction, remodeling or alteration, or conversion
of an existing property to an educational facility.
2.
The institution shall meet the following area, bulk, and dimensional
standards.
[Amended by Ord. No. 19-02, 4/11/2019]
A.
Minimum lot area shall be one acre.
B.
Yards shall meet the following minimum setback requirements of the
applicable zoning district.
C.
Maximum building height of school auditoriums and gymnasiums may
be up to 65 feet, provided that each building and/or structure shall
be set back a distance equal to height. For buildings exceeding 55
feet, the applicant shall be required to submit expert evidence that
sufficient safeguards regarding fire protection and rescue are in
place. All other facilities shall not exceed the height requirement
of the district in which they are located.
D.
Maximum lot impervious coverage shall be 50%.
E.
Minimum vegetative coverage shall be 50%.
3.
Outdoor play areas shall be provided in accordance with state licensing
laws and shall not be located on driveways or off-street parking lots.
Outdoor play areas shall not be located in the front yard and shall
be set back a minimum of 25 feet from all property lines. Outdoor
play areas shall be sufficiently screened in order to protect the
neighborhood from inappropriate noise and other disturbances generally
associated with educational facilities.
[Amended by Ord. No. 19-02, 4/11/2019]
4.
Enrollment shall be defined as the largest number of students on
the site at any one time during a seven-day period.
5.
Passenger "drop-off" and "pick-up" areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site.
6.
All off-street parking shall not be allowed within 10 feet of the adjoining property lines and shall be screened from view in accordance with Section Buffers and screens shall be in accordance with §§ 27-2306 and 27-2106(5) herein.
7.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
1.
The facility operator shall meet all State and Federal rules and
regulations for health care facilities.
2.
Minimum lot area shall be five acres.
4.
A traffic study shall be prepared by a professional traffic engineer, in accordance with § 22-405 of the Susquehanna Township Subdivision and Land Development Ordinance. The traffic study shall include the following additional traffic study elements and requirements for the institution.
A.
The property shall front on an arterial road or major collector roadway.
B.
The roadway network shall be sufficient to accommodate the predicted
vehicular traffic and to ensure safe and efficient vehicular access
for emergency management equipment.
C.
Emergency entrances shall be located on a building wall which faces
away from adjoining residences or residential zones or is set back
a minimum of 500 feet from the residences or residential zones.
5.
The institution shall submit a copy of its emergency operations plan
(EOP) to the Township Emergency Management Agency or Coordinator.
The EOP shall include detailed information regarding solid, medical
and hazardous materials and waste handling including a listing of
all medical and hazardous materials and wastes used and generated
on site and evidence indicating the disposal of all materials and
wastes will be accomplished in a manner that compiles with State and
Federal regulations.
6.
Buffers and screens shall be in accordance with § 27-2106(5) herein.
1.
The primary use shall be the medical attention and professional care
of small domestic animals.
2.
All boarding facilities for medical needs shall be within a completely enclosed structure. Boarding for nonmedical needs shall meet the requirements for kennels, § 27-2024.
3.
The accumulation and storage of manure or other odor producing substances
shall not be permitted.
4.
Emergency entrances shall be located on a building wall facing away
from adjoining residential uses or zoned property.
5.
The applicant shall demonstrate proof of an approved means of disposal
of all solid, medical and hazardous wastes.
6.
The applicant and operator shall compile with all State and Federal
rules and regulations.
|
Public Uses:
|
1.
The ambulance services shall meet all standards set forth in § 27-2038 for places of worship, hospitals, municipal buildings and other public and semi-public buildings.
2.
Service bay and garage doors shall be located on a building wall
facing away from adjoining residential uses and residential districts.
3.
A traffic study is required to demonstrate safe access and control
of traffic into and out of the facility.
[Amended by Ord. No. 22-05, 8/11/2022]
1.
The following area, bulk, and dimensional standards shall be required.
2.
Outside storage of materials shall be prohibited within residential
zones. Outdoor storage of materials in other areas shall be completely
enclosed within a six-foot high fence and screened from adjoining
streets and properties.
3.
The storage of maintenance vehicles and related apparatuses shall
be within wholly enclosed buildings in residential districts.
4.
All off-street parking shall be provide in accordance with Part 23
and the following requirements:
B.
Portions of the required front yard setback may be used for off-street
parking when authorized as a special exception.
C.
Service and access drives shall be at least 15 feet wide and not
over 25 feet wide and shall be permitted to cross required yard areas
provided that the center line of the permitted drive shall not be
lesser angle to the street line than 60°.
D.
If greater controls are established for the district in which these
uses are to be located, such control or controls shall take precedent
over any and all of the foregoing.
5.
Existing structure cannot be remodeled, converted or otherwise used
for schools, hospitals, churches or other public uses until such plans
are presented to the Zoning Officer together with approvals as may
be necessitated by State and local law and rules and regulations of
the Department of Labor and Industry, the State Department of Environmental
Protection and others. If the Zoning Officer finds any such plans
and approvals are not in conflict with the intent and purposes of
this Chapter, such uses may be permitted.
6.
In the case of churches and similar places for religious worship,
no restriction shall be in violation of the Religious Land Use and
Institutionalized Persons Act of 2000.
|
Utility Uses:
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[Amended by Ord. 16-07, 8/11/2016; 11-18-2021 by Ord. No. 21-10]
1.
Purposes.
A.
The purpose of § 27-2039 and the standards established herein is to govern the use, construction, and location of wireless communications facilities in recognition of the nature of wireless communications systems and the Federal Telecommunications Act. These regulations are intended to:
(1)
Accommodate the need for wireless communications facilities
so as to ensure the provision for necessary services while preserving
the character of the Township;
(2)
Minimize the adverse visual effects and the number of such facilities
through proper design, locating, screening, material, color, and finish
and by requiring that competing providers of wireless communications
services collocate their telecommunication and wireless communications
antennas and related facilities;
(3)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, and other
wireless communications facilities;
(4)
Ensure the structural integrity of wireless communications facilities
through compliance with applicable industry standards and regulations;
and
(5)
Promote the health, safety, and welfare of the residents and
property owners within Susquehanna Township.
2.
Regulations Applicable to All Wireless Communications Facilities.
The following regulations shall apply to all wireless communications
facilities.
A.
Wireless communications facilities, as further defined in § 27-204, shall be permitted within Susquehanna Township as follows:
(1)
Collocated wireless communications facilities shall be permitted as a use by special exception in all Zoning Districts provided that the proposed wireless communications facilities comply with the applicable requirements of this § 27-2039 and generally applicable permitting as required by the Township Code.
(2)
Tower-based wireless communications facilities shall be permitted as a use by special exception within the C, CN, CH, BOR, and IG Zoning Districts, provided that the proposed wireless communications facilities comply with the applicable requirements of this § 27-2039 and generally applicable permitting as required by the Township Code.
(3)
Small wireless communications facilities inside the public rights-of-way shall be permitted as a use by right in all Zoning Districts, provided that the proposed wireless communications facilities comply with the applicable requirements of this § 27-2039 and generally applicable permitting as required by the Township Code.
(4)
Small wireless communications facilities outside the public rights-of-way shall be permitted as a use by right in all Township zoning districts except residential zoning districts, subject to the requirements of this § 27-2039 and generally applicable permitting as required by the Township Code.
B.
Standard of Care. All WCFs shall meet all applicable standards and
provisions of the FAA, the FCC, and any other agency of the state
or federal government with the authority to regulate wireless communications
facilities, the latest National Electrical Safety Code (NESC), American
National Standards Institute (ANSI) Code, and the structural standards
of the American Association of State Highway and Transportation Officials
or any other industry standard applicable to the structure. In case
of conflict, the most stringent requirements shall prevail. All necessary
certifications shall be obtained by the WCF applicant and provided
to the Township.
C.
Engineer Signature. All plans and drawings included in an application
for a WCF shall contain a seal and signature of a professional engineer
licensed in the Commonwealth of Pennsylvania.
D.
Eligible Facilities Requests.
(1)
WCF applicants proposing the modification or replacement of
an existing WCF shall be required only to obtain a building permit
from the Township Zoning Officer. In order to be considered for such
a permit, the WCF applicant must submit a permit application to the
Township Zoning Officer in accordance with applicable permit policies
and procedures. Such permit application shall clearly state that the
proposed modification or replacement constitutes an eligible facilities
request pursuant to the requirements of 47 CFR § 1.6100.
The permit application shall clearly detail all dimensional changes
being made to the WCF and wireless support structure and certify that
such changes are in compliance with the requirements of 47 CFR § 1.6100.
(2)
Timing of Approval.
(a)
Within 30 calendar days of receipt of an application for the
modification or replacement of an existing WCF, the Township Zoning
Officer shall notify the WCF applicant in writing of any information
that may be required to complete such application.
(b)
Within 60 days of receipt of an application for the modification
or replacement of an existing WCF, and subject to applicable tolling
procedures as established by federal law, the Township Zoning Officer
shall issue the required building and zoning permits authorizing the
modification or replacement.
E.
Substantial Change. Any substantial change to a WCF shall be treated
as an application for a new WCF in accordance with the Township Code.
F.
Wind and Ice. All WCFs shall be designed to withstand the effects
of wind gusts and ice to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
G.
Aviation Safety. All WCFs shall comply with all federal and state
laws and regulations concerning aviation safety.
H.
Public Safety Communications. WCFs shall not interfere with public
safety communications or the reception of broadband, television, radio,
or other communication services enjoyed by occupants of nearby properties.
I.
Radio Frequency Emissions. A WCF shall not, by itself or in conjunction
with other WCFs, generate radio frequency emissions in excess of the
standards and regulations of the FCC, including but not limited to,
the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended. The WCF applicant shall submit
proof of compliance with all applicable standards relating to radio
frequency emissions as part of any complete WCF application.
J.
Noise. WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under state law and
the Township Code, except in emergency situations requiring the use
of a backup generator, where such noise standards may be exceeded
on a temporary basis only as permitted by the Township.
K.
Nonconforming Wireless Support Structures. WCFs shall be permitted
to collocate upon existing nonconforming wireless support structures.
Collocation of WCFs upon existing wireless support structures is encouraged
even if the wireless support structure is nonconforming as to use
within a zoning district.
L.
Permit Fees. The Township may assess appropriate and reasonable permit
fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a WCF, as well as related
inspection, monitoring, and related costs. Such permit fees shall
be established by the Township fee schedule.
M.
Indemnification. Each person that owns or operates a WCF shall, at
its sole cost and expense, indemnify, defend and hold harmless the
Township, its elected and appointed officials, employees, and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that owns or operates a WCF shall defend any
actions or proceedings against the Township in which it is claimed
that personal injury, including death or property damage, was caused
by the construction, installation, operation, maintenance, or removal
of a WCF. The obligation to indemnify, hold harmless, and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs, and all other costs of indemnification.
N.
Noncommercial Usage Exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 27-2039.
O.
Abandonment; Removal. In the event that the use of a WCF is to be
discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. A WCF not operated for a period of six months shall
be considered abandoned. Discontinued or abandoned WCFs, or portions
of WCFs, shall be removed as follows:
(1)
All abandoned or unused WCFs and accessory equipment shall be
removed within 90 days of the cessation of operations at the site
or receipt of notice that the WCF has been deemed abandoned by the
Township unless a time extension is approved by the Township.
(2)
If the WCF or accessory equipment is not removed within 90 days
of the cessation of operations at a site or receipt of notice that
the WCF has been deemed abandoned by the Township, or within any longer
period approved by the Township, the WCF and/or associated facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF regardless of the owner's or
operator's intent to operate the WCF in the future.
P.
Maintenance. The following maintenance requirements shall apply:
(1)
All WCFs shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance, repair, or replacement.
(2)
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Township's
residents and in accordance with all applicable Township, state, and
federal regulations.
(3)
All maintenance activities shall utilize the best available
technology for preventing failures and accidents.
3.
Regulations Applicable to All Collocated Wireless Communications
Facilities. The following regulations shall apply to all collocated
WCFs.
B.
Permitted in Certain Zoning Districts. Collocated WCFs shall be permitted by special exception in all Zoning Districts, subject to the requirements of this § 27-2039.
C.
Development Regulations.
(1)
The total height of any collocated WCF and wireless support
structure shall not exceed 20 feet above the maximum height permitted
in the underlying zoning district unless the WCF applicant applies
for, and subsequently obtains, a variance.
(2)
In accordance with industry standards, all WCF applicants must
submit documentation to the Township Zoning Hearing Board justifying
the total height of the collocated WCF. Such documentation shall be
analyzed on an individual basis.
(3)
If the applicant proposes to locate the related equipment in
a separate building, the building shall comply with the minimum requirements
for the applicable zoning district, and landscaping shall be required
to screen as much of the equipment building as possible. An evergreen
screen shall surround the site. The evergreen screen shall be a minimum
height of six feet at planting and shall not exceed 10 feet on center.
D.
Visual Appearance. Collocated WCFs shall employ stealth technology.
All collocated WCFs and accessory equipment shall be aesthetically
and architecturally compatible with the surrounding environment and
shall maximize the use of a like facade to blend with the existing
surroundings and neighboring buildings to the greatest extent possible.
The Township Zoning Hearing Board shall consider whether its decision
upon the subject application will promote the harmonious and orderly
development of the zoning district involved; encourage compatibility
with the character and type of development existing in the area; benefit
neighboring properties by preventing a negative impact on the aesthetic
character of the community; preserve woodlands and trees existing
at the site to the greatest possible extent; and encourage sound engineering
and land development design and construction principles, practices
and techniques.
E.
Prohibited on Certain Structures. No collocated WCF shall be located
on single-family detached residences, single-family attached residences,
semi-detached residences, duplexes, or any other residential structure.
F.
Third-Party Wireless Support Structures. Where a collocated WCF is
proposed for collocation on a wireless support structure that is not
owned by the WCF applicant, the WCF applicant shall present evidence
to the Township Zoning Hearing Board that the owner of the wireless
support structure has authorized the construction of the proposed
collocated WCF.
G.
Historic Buildings. No collocated WCF may be located within 100 feet
of any property, or on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, located within a historic district, or is included
in the official historic structures list maintained by the Township.
H.
Retention of Experts. The Township may hire any consultant(s) and/or
expert(s) necessary to assist the Township in reviewing and evaluating
the application for approval of the WCF at its sole discretion and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these WCF provisions. The WCF applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation and
consultation in connection with these activities.
I.
Insurance. Each person that owns or operates a collocated WCF shall
annually provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the collocated WCF.
J.
Timing of Approval.
(1)
Within 30 calendar days of the date that an application for
a collocated WCF is filed with the Township Zoning Officer, the Township
Zoning Officer shall notify the WCF applicant in writing of any information
that may be required to complete such application.
(2)
Within 90 days of receipt of an application for a collocated
WCF, and subject to applicable tolling procedures as established by
federal law, the Township Zoning Hearing Board shall make a final
decision on whether to approve the application and shall notify the
WCF applicant in writing of such decision.
4.
Regulations Applicable to All Tower-Based Wireless Communications
Facilities. The following regulations shall apply to all tower-based
wireless communications facilities.
B.
Tower-Based WCFs are permitted outside the public rights-of-way in the following zoning districts as a special exception, subject to the requirements of this § 27-2039:
C.
Special Exception Required. Tower-based WCFs are permitted outside the public rights-of-way as a special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 27-2039:
(1)
Upon submission of an application for a tower-based WCF and
the scheduling of the public hearing upon the application, the WCF
applicant shall send via First Class Mail notice to all owners of
every property within 500 feet of the proposed facility, advising
of the subject matter and date of such hearing. Such notice shall
be sent at least 10 days in advance of the scheduled public hearing.
The WCF applicant shall provide proof of the notification to the Zoning
Hearing Board along with the list of return receipts received.
(2)
The special exception application shall include a site plan,
drawn to scale, showing property boundaries, power location, total
height of the tower-based WCF, guy wires and anchors, existing structures,
elevation drawings, typical design of proposed structures, parking,
fences, landscaping and existing uses on adjacent properties.
(3)
The special exception application shall be accompanied by a
description of the type and manufacturer of the proposed transmission/radio
equipment, the frequency range (megahertz band) assigned to the WCF
applicant, the power in watts at which the WCF applicant transmits,
and any relevant related tests conducted by the WCF applicant in determining
the need for the proposed site and installation.
(4)
The special exception application shall include evidence that
a significant gap in wireless coverage or capacity exists in the applicable
area and that the type of WCF being proposed is the least intrusive
means by which to fill that gap in wireless coverage. The existence
or nonexistence of a gap in wireless coverage shall be a factor in
the Zoning Hearing Board's decision on an application for approval
of tower-based WCF.
(5)
Where the tower-based WCF is located on a property that is not
owned by the WCF applicant, the special exception application shall
include evidence to the Zoning Hearing Board that the owner of the
property has granted an easement or other property right, if necessary,
for the proposed WCF and any vehicular access that will be provided
to the facility.
(6)
The special exception application shall include a written certification
by a structural engineer licensed in the Commonwealth of Pennsylvania
of the proposed WCF's ability to meet the structural standards offered
by either the Electronic Industries Association or the Telecommunication
Industry Association and certify the proper construction of the foundation
and the erection of the structure.
(7)
The special exception application shall include evidence demonstrating
that the proposed tower-based WCF cannot be accommodated on an existing
wireless support structure. Zoning Hearing Board may deny an application
to construct a new tower-based WCF if the WCF applicant has not made
a good faith effort to mount the antenna(s) on an existing wireless
support structure. The WCF applicant shall demonstrate that it contacted
the owners of all potentially feasible structures, buildings, and
towers within a 1,000-foot radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers,
and was denied for one of the following reasons:
(a)
The proposed WCF would exceed the structural capacity of the
existing building, structure, or tower, and its reinforcement cannot
be accomplished at a reasonable cost.
(b)
The WCF would cause radio frequency interference with other
existing equipment for that existing building, structure, or tower,
and the interference cannot be prevented at a reasonable cost.
(c)
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
D.
Development Regulations.
(1)
Tower-based WCFs shall not be located in or within 75 feet of
an area in which all utilities are located underground.
(2)
Sole use on a lot. A tower-based WCF may be permitted as the
sole use on a lot, provided the tower-based WCF and underlying lot
comply with all applicable requirements of the Township Zoning Code.
(3)
Combined with Another Use. A tower-based WCF may be permitted
on a property with an existing use, except residential, subject to
the following conditions:
(a)
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the WCF.
(b)
Minimum Lot Area. The minimum lot shall comply with the requirements
for the applicable zoning district and shall be the area needed to
accommodate the tower-based WCF and accessory equipment, any guy wires,
the equipment building, security fence, and applicable screening.
E.
Design Regulations.
(1)
Visual Appearance and Land Use Compatibility.
(a)
Tower-based WCFs shall employ stealth technology which may include
the wireless support structure being painted a certain color as approved
by Zoning Hearing Board or utilizing a galvanized finish.
(b)
Tower-based WCFs shall be designed in a manner that minimizes
visual intrusiveness and environmental impacts to the maximum extent
feasible. For example, monopole designs are preferred over lattice
designs.
(c)
The Zoning Hearing Board shall consider whether its decision
upon the subject application will promote the harmonious and orderly
development of the zoning district involved; encourage compatibility
with the character and type of development existing in the area; prevent
a negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
(2)
Anti-Climbing Device. If deemed necessary by the Zoning Hearing
Board, a tower-based WCF shall be equipped with an anti-climbing device,
as approved by the manufacturer.
(3)
Minimum Setbacks. The minimum distance between the base of a
tower-based WCF and any adjoining property line or street ROW line
shall be equal to 100% of the height of the tower-based WCF. The underlying
lot must be large enough to accommodate related equipment, stormwater
runoff mechanisms, and all other features typically found within the
immediate area of a telecommunications tower.
(4)
Surrounding Environs.
(a)
The WCF applicant shall ensure that the existing vegetation,
trees, and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to Zoning Hearing
Board complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/TIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF and anchors for guy wires
if used.
(5)
Fence/Screen.
(a)
A security fence with a maximum height of eight feet, with openings
no greater than four inches, shall completely surround any tower-based
WCF, as well as guy wires or any building housing accessory equipment.
(6)
Accessory Equipment.
(a)
Ground-mounted accessory equipment associated or connected with
a tower-based WCF shall not be located within 50 feet of a lot in
residential use.
(b)
Accessory equipment associated with a tower-based WCF shall
be placed underground or screened from public view using stealth technology.
All ground-mounted accessory equipment, utility buildings, and accessory
structures shall be architecturally designed to be concealed from
public view to the maximum extent possible and be compatible with
the architecture of surrounding buildings, structures, or landscape.
(c)
Either one single-story wireless communications equipment building
not exceeding 500 square feet in area or its equivalent may be permitted
for each unrelated company sharing antenna space on the tower-based
WCF.
F.
Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other service providers to Collocate WCFs on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional WCFs without complying with the applicable requirements of this § 27-2039.
G.
FCC License. Each person that owns or operates a tower-based WCF
shall submit a copy of its current FCC license, including the name,
address, and emergency telephone number for the operator of the facility.
H.
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC or any other federal or
state agency.
I.
Lighting. No tower-based WCF shall be artificially lighted, except
as required by law. If lighting is required, the WCF applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
J.
Storage. The storage of unused equipment, materials, or supplies
is prohibited on any tower-based WCF site.
K.
Repair of Nonconforming Tower-Based WCF. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this § 27-2039. The collocation of antennas is permitted on nonconforming structures.
L.
Insurance. Each person that owns or operates a tower-based WCF shall
provide the Township Zoning Officer with a certificate of insurance
evidencing general liability coverage in the minimum amount of $5,000,000
per occurrence and property damage coverage in the minimum amount
of $5,000,000 per occurrence covering the tower-based WCF.
M.
Timing of Approval.
(1)
Within 30 calendar days of the date that an application for
a tower-based WCF is filed with the Township Zoning Officer, the Township
Zoning Officer shall notify the WCF applicant in writing of any information
that may be required to complete such application.
(2)
Within 150 days of receipt of an application for a tower-based
WCF, and subject to applicable tolling procedures as established by
federal law, the Zoning Hearing Board shall make a decision to approve
or deny the proposed tower-based WCF and the Township Zoning Officer
shall issue the required building and zoning permits authorizing construction
of the WCF.
5.
Regulations Applicable to All Small Wireless Communications Facilities.
The following regulations shall apply to small wireless communications
facilities:
A.
Application Requirements.
(1)
Small WCFs inside the public rights-of-way are a permitted use in all Township zoning districts, subject to the requirements of this § 27-2039 and generally applicable permitting as required by the Township Code. Applications for small WCFs shall be submitted to the Township Zoning Officer.
(2)
Small WCFs outside the public rights-of-way are permitted by right in all Township zoning districts except residential zoning districts, subject to the requirements of this § 27-2039 and generally applicable permitting as required by the Township Code. Applications for small WCFs shall be submitted to the Township Zoning Officer.
(3)
An application for a small WCF shall include the following:
(a)
Documentation that includes construction and engineering drawings demonstrating compliance with the requirements of this § 27-2039;
(b)
Self-certification that the filing and approval of the application
is required by the WCF applicant to provide additional capacity or
coverage for wireless services;
(c)
Documentation demonstrating compliance with the requirements
of the small wireless communications facility design Manual and a
completed small wireless communications facility Design Checklist;
(d)
If the small WCF will require the installation of a new wireless
support structure, documentation showing that the WCF applicant has
made a good faith determination that it cannot meet the service reliability
and functional objectives of the application by collocating on an
existing wireless support structure. Such determination shall be based
on whether the WCF applicant can meet the service objectives of the
application by collocating on an existing wireless support structure
on which:
(e)
Documentation showing that the small WCF does not materially
interfere with the safe operation of traffic control equipment, sight
lines, or clear zones for transportation or pedestrians or compliance
with the Americans with Disabilities Act of 1990 (Public Law 101-336,
104 Stat. 327) or similar federal or state standards regarding pedestrian
access or movement; and
(f)
A report prepared by a qualified engineering expert which shows
that the small WCF will comply with all applicable FCC regulations,
including but not limited to those relating to radio frequency emissions.
B.
Applications Not Required. The Township shall not require an application
for:
(1)
Routine maintenance or repair work;
(2)
The replacement of small WCFs with small WCFs that are substantially
similar or the same size or smaller and still qualify as a small WCF;
or
(3)
The installation, placement, maintenance, operation, or replacement
of micro wireless facilities that are strung on cables between existing
utility poles by or for a WCF applicant that is authorized to occupy
the ROW, in compliance with the National Electrical Safety Code.
C.
Location and Development Standards.
(1)
All small WCFs shall comply with the applicable requirements
of the Americans with Disabilities Act and all Township Code requirements
applicable to streets and sidewalks.
(2)
No small WCF shall be located on a private lot in a residential
district or on any single-family detached residences, single-family
attached residences, semi-detached residences, duplexes, or any other
residential structure.
(3)
All small WCFs shall be installed and maintained so as not to
obstruct nor hinder travel or public safety within the ROW.
D.
Design Standards. All small WCFs in the Township shall comply with
the requirements of the Township small wireless communications facility
design Manual. A copy of such shall be kept on file at the Township
Department of Community Development.
E.
Time, Place, and Manner. The Township shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all small WCF in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations.
F.
Private Property. If a small WCF is to be located outside of the
public ROW, or if any part of a small WCF located in the public ROW
will encroach upon private property, the WCF applicant shall provide
the Township Zoning Officer with evidence that the owner of such private
property has granted permission for the construction of the small
WCF.
G.
Minimum Setbacks. The minimum distance between the base of a small
WCF, located outside of the public ROW, that requires the installation
of a new wireless support structure and any adjoining property line
or street ROW line shall be equal to 100% of the height of the small
WCF, unless the WCF applicant provides evidence that a lesser setback
shall have no potential negative effect on public safety.
H.
Historic Buildings. No small WCF may be located within 100 feet of
any property, or on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, located within a historic district, or is included
in the official historic structures list maintained by the Township.
I.
Third-Party Property. Where a small WCF is proposed for collocation
on a wireless support structure, located on private property, or other
property that is not owned by the WCF applicant, the WCF applicant
shall present evidence to the Township Zoning Officer that the owner
of the wireless support structure has authorized construction of the
proposed small WCF.
J.
Graffiti. Any graffiti on a small WCF, including the wireless support
structure and any accessory equipment, shall be removed at the sole
expense of the owner within 30 days of notification by the Township.
K.
Timing of Approval.
(1)
Within 10 calendar days of the date that an application for
a small WCF is filed with the Township Zoning Officer, the Township
shall notify the WCF applicant in writing of any information that
may be required to complete such application.
(2)
Within 60 days of receipt of an application for collocation
of a small WCF on a preexisting wireless support structure, and subject
to applicable tolling procedures as established by federal law, the
Township Zoning Officer shall make a final decision on whether to
approve the application and shall notify the WCF applicant in writing
of such decision.
(3)
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new or replacement wireless support
structure, and subject to applicable tolling procedures as established
by federal law, the Township Zoning Officer shall make a final decision
on whether to approve the application and shall notify the WCF applicant
in writing of such decision.
(4)
If the Township denies an application for a small WCF, the Township
shall provide the WCF applicant with written documentation of the
basis for denial, including the specific provisions of the Township
Code on which the denial was based, within five business days of the
denial.
(5)
The WCF applicant may cure the deficiencies identified by the
Township and resubmit the application within 30 days of receiving
the written basis for the denial without being required to pay an
additional application fee. The Township shall approve or deny the
revised application within 30 days of the application being resubmitted
for review.
L.
Consolidated Application.
(1)
A WCF applicant may submit a consolidated application for collocation
of multiple small WCFs. The consolidated application shall not exceed
20 small WCFs.
(2)
A WCF applicant may not submit more than one consolidated application
in a single thirty-day period.
(3)
If a WCF applicant submits more than one consolidated application
in a forty-five-day period, the applicable processing deadline shall
be extended 15 days in addition to the processing deadline specified
in Subsection K above.
N.
Repair and Restoration.
(1)
The WCF applicant shall repair all damage to the ROW or any
other land so disturbed, directly caused by the activities of the
WCF applicant or the WCF applicant's contractors, and return the ROW
to as good of condition as it existed prior to any work being done
in the ROW by the WCF applicant or the WCF applicant's contractors.
(2)
If the WCF applicant fails to make the repairs required by the
Township within 30 days after written notice, the Township may perform
those repairs and charge the WCF applicant the reasonable, documented
cost of the repairs plus a penalty of $500.
(3)
The Township may suspend the ability of the WCF applicant to
receive new permits until the WCF applicant has paid the amount assessed
for the repair costs and the assessed penalty.
O.
Relocation or Removal of Facilities.
(1)
Within 60 days of suspension or revocation of a permit due to
noncompliance with the requirements of the Township Code, the WCF
applicant shall remove the small WCF and any accessory equipment,
including the wireless support structure, if the WCF applicant's WCF(s)
are the only facilities on the wireless support structure.
(2)
Within 90 days of the end of a permit term, the WCF applicant
shall remove the small WCF and any accessory equipment, including
the wireless support structure, if the WCF applicant's WCF(s) are
the only facilities on the wireless support structure.
(3)
Following written notice from the Township, or such longer period
as the Township determines is reasonably necessary or such shorter
period in the case of an emergency, the WCF applicant shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any small WCF when the Township, consistent
with its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change, or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance, or installation of any
Township or other public improvement in the ROW;
(b)
The operations of the Township or other governmental entity
in the ROW;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
P.
Reimbursement for ROW Use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Township's actual ROW management costs, including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising, and other ROW
management activities by the Township. The owner of each small WCF
shall pay an annual fee to the Township to compensate the Township
for the Township's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
1.
A site circulation plan shall be devised that separates those patrons
utilizing drive-through service from those patrons utilizing indoor
facilities. The plan shall include the following information:
2.
Drive-through lanes shall accommodate a minimum of eight vehicles
waiting to utilize the drive-through service and shall be situated
to prevent vehicles from queuing on to adjoining roadways.
3.
All drive-through window lanes shall be marked clearly and separated
from the parking lot's interior driveways.
4.
Exterior microphone/speaker system shall be arranged or screened
to prevent objectionable noise impact on adjoining properties.
5.
The drive-through facility, including service windows and intercom,
and the driveway shall be located along the side or rear faces of
the building served thereby.
The business or commercial activity as defined in this Chapter
shall be permitted in all residential zones in accordance with the
following requirements, except that such accessory use shall not supersede
any deed restriction, covenant or agreement restricting the use of
land, nor any master deed, bylaw or other document applicable to a
common interest ownership community.
1.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
2.
The business shall employ no employees other than family members
residing in the dwelling.
3.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
4.
There shall be no outside appearance of a business use, including,
but not limited to parking, signs or lights.
5.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
6.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
7.
The business activity shall be conducted only within the dwelling
and may not occupy more the 25% of the habitable floor area.
8.
The business may not involve any illegal activity.
1.
All swimming pools shall meet the requirements of Chapter 23, §§ 23-101 to 23-106 of the Susquehanna Township Codified Ordinances. These regulations require:
A.
Permits prior to work.
B.
Health Department approval.
C.
Minimum set back of eight feet from the side or rear lot lines and
from any building.
D.
The meeting of location criteria for exposed, permanently installed,
and above ground electrical wiring in proximity to the swimming pool.
E.
No cross-connection of the Township water supply with other water
supplies for the swimming pool.
F.
Compliance with provisions and approval of the Township Engineer
for connection of the swimming pool drain line to the Township sewer
system.
G.
Compliance with standards to keep the pool water clean and free of unfiltered scum, splash, deck water and other debris in Chapter 23 of the Susquehanna Township Codified Ordinances.
H.
Compliance with standards for filtration, recirculation, and disinfection Chapter 23 of the Susquehanna Township Codified Ordinances.
3.
In addition to the above regulations, all pools shall meet the following
requirements.
A.
The fence or enclosure shall be in place before the pool is filled
with water.
B.
The pool shall be located in the rear yard.
C.
No pool water shall be discharged onto any public street.
D.
Outdoor lighting of the pool area shall be shielded and not reflect
toward adjacent residential properties.
1.
The home occupation shall be carried on completely within the dwelling
unit.
2.
Not more than two persons other than the occupants of the dwelling
unit shall be employed.
3.
Not more than 1/2 of the floor area of the main building shall be
devoted to the home occupation.
4.
There shall be no exterior storage of materials and no other exterior
indication of the home occupation or variation of the residential
character of the main building.
5.
No offensive noise, vibration, smoke or other particulate matter,
heat, humidity, glare or other objectionable effects shall be produced.
6.
A home occupation shall be not be interpreted to include the following:
barber shops, beauty parlors, commercial stables and kennels, tea
rooms, tourist homes, animal hospitals or similar uses.
[Added 7/8/2004 by Ord. 04-04]
Where a self-service storage facility is permitted as a special
exception in the MU-1 Zoning District, the following standards and
criteria shall apply:
A.
Access. The use shall be on a lot which abuts and gains direct access
to a collector or arterial street.
B.
Limited Accessory Use. Sale of moving and storage supplies and the
rental of one moving truck, clearly incidental to the primary use,
shall be permitted out of the office for the self-service storage
facility.
C.
Use Restrictions. Except as provided for in Subsection B hereof,
self-service storage facilities shall be limited as follows:
(1)
No business activity other than rental of storage units and
activities incidental to same shall be permitted on the premises.
(2)
No outside storage, including, the outside storage of vehicles,
shall be permitted on the premises.
(3)
Examples of activities prohibited on premises used as a self-service
facility, include, but are not limited to, the following:
(a)
Auctions (except performed by storage facility owner in due
course of settling delinquent accounts), commercial, wholesale, or
retail sales, or miscellaneous or garage sales.
(b)
The servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or other similar equipment.
(c)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns or other similar
equipment.
(d)
Any use that is noxious or offensive because of odors, dust
noise, fumes or vibrations.
(e)
The storage of flammable liquids, highly combustible explosives,
hazardous chemicals or hazardous materials.
(f)
All self-service storage facility rental contracts shall specifically
prohibit the storage of living plants, animals or organisms, as well
as uses set forth in this subsection.
D.
Live-in Manager Required. The self-service storage facility shall
include a dwelling unit on the premises, which shall be used exclusively
as the primary residence of the manager for the facility. The resident
manager shall be responsible for maintaining the operation of the
facility in conformance with the conditions of approval and all applicable
ordinances. Failure to provide such a manager shall be grounds for
revocation of the occupancy permit for the facility.
E.
Off-Street Parking.
(1)
Two spaces shall be provided adjacent to the manager's quarters.
(2)
One parking space shall be provided for every 100 storage cubicles
or fraction thereof, adjacent to the office, plus one per employee.
(3)
A driveway aisle for self-service storage facilities shall be
a minimum width of 24 feet; provided, that the driveway aisle, where
access to the storage units is only on one side of the aisle, may
be 20 feet in width.
F.
Maximum Size of Units. The maximum size of any individual storage
unit shall be no more than 600 square feet.
G.
Construction Materials. When located in a MU-1 District, all building
constructed as part of the self-service storage facility shall be
of masonry construction on the first floor with no external metal
walls. All sides of building facing a public street shall be constructed
of brick, split-face architectural blocks or similar building material
on the first floor.
H.
A storage building shall have no more than two floors with a maximum
ten-foot height for each floor. On a two story storage building entry
to the first and second floor levels shall be reasonably close to
existing grade.
I.
A self-service storage facility shall not abut a zoning district
that is solely residential.
J.
Chain link fencing shall be vinyl coated.
[Added 5/12/2005 by Ord. 05-06]
1.
A neighborhood pharmacy shall be limited to a total square footage
of 15,000 square feet of which at least 5% of the floor space shall
be used exclusively for State regulated and licensed pharmacy services,
including storage of restricted drugs, compounding or mixing and distribution
of prescribed drugs and consulting or contact with patients, as is
necessary to meet privacy needs during consultations or contact with
patients.
2.
A neighborhood pharmacy shall be limited in total square footage
for both dispensing of pharmacies and general merchandise sales to
no more than 15,000 square feet.
3.
The general merchandise sale as opposed to pharmacy portion of a
neighborhood pharmacy shall be not exceed 14,000 square feet and shall
not be in excess of 95% of the total gross floor area of the building.
5.
Sufficient screening in accordance with § 27-2106(5) or as determined by the Zoning Hearing Board shall be provided at the site of each neighborhood pharmacy.
6.
The applicant shall present evidence that the proposed use will not
be detrimental to the use of adjoining property as a result of, but
not limited to, hours of operations, noise, light, litter or traffic
congestion.
7.
If a drive-through window is included in the plan for the neighborhood
pharmacy, a site circulation plan shall be included in the land development
plan showing the circulation of traffic and a waiting lane for those
utilizing the drive-through which plan shall be reviewed by the Zoning
Hearing Board for location and dimensions and for satisfactory internal
circulation and external access which plan shall meet minimum standards
as required by the Zoning Hearing Board.
8.
The neighborhood pharmacy use shall not include the sale of fuel
from a pump, nor the sale of fresh meats, vegetables or fruits.
9.
The Board may address and include appropriate criteria for/and standards
of appearance and design compatible with the neighborhood and the
use proposed as a condition of acceptance.
[Added 7/6/2006 by Ord. 06-12]
Where a mixed-use building is permitted as a special exception
in the MU-2 Zoning District, the following standard criteria shall
apply:
A.
The minimum lot area shall be 1.90 acres.
B.
The front, side and rear yards shall be permanently landscaped and
maintained in good condition.
C.
The following minimum yard setbacks would be required:
(1)
Front yard: 30 feet.
(2)
Side yard: 10 feet.
(3)
Rear yard: 30 feet.
(4)
Buffer yard adjacent to a residential use: 15 feet.
(5)
Maximum building height: 35 feet.
(6)
Maximum building coverage: 35%.
(7)
Maximum impervious coverage: 45%. Impervious calculations exclude
paving in a PennDOT right-of-way.
D.
A landscaping plan for the entire tract shall be required. All areas
of development not covered by impervious surfaces shall be landscaped
and maintained with suitable ground cover and plants satisfactory
to the Zoning Hearing Board. Existing vegetation is encouraged to
be preserved for landscaping purposes.
E.
A written plan for controlling noise or loitering outside the building
satisfactory to the Zoning Hearing Board shall be provided and made
a part of the plan.
G.
Off-street parking shall be provided in accordance with the provisions of Part 23 of this chapter.
I.
The building would provide for multiple-family dwelling with up to
12 attached residential units. The residential units shall not exceed
70% of the total square feet of the building. The minimum habitable
floor area of each unit shall be at least 1,000 square feet but shall
not exceed 5,000 square feet. Entrances to the dwelling units shall
be provided with all-weather walkways, parking and refuse-collection
points, if applicable.
J.
The building would provide for office use. No adult-oriented businesses
shall be permitted. The total office space shall not exceed 22,000
square feet. Total office space shall not exceed 70% of the total
square feet of the building.
1.
The lot
of such use shall not be located within 500 feet of any residential
use or residential zoning district.
2.
The lot
of any such use shall not be located within 1,000 feet of any religious
structure, public recreation facility, community activities building,
elementary and/or secondary school, day care or family day care.
3.
No offensive
noise, vibration, smoke, dust, or other particulate matter, heat,
humidity, glare, noxious odor and/or fumes, or other objectionable
effects shall be produced.
4.
The storage
or maintenance of flammable substances, highly combustible material,
explosives, hazardous chemicals or other hazardous materials shall
not be permitted.
7.
The applicant
shall furnish evidence that the proposed use will not be detrimental
to the use of adjoining properties because of hours of operation,
light and/or litter.
8.
A lighting
plan shall be submitted, and the applicant shall furnish evidence
that the proposed use will erect, install and operate lighting so
as not to direct light off the premises or create light pollution
to adjoining properties.
9.
The applicant
shall furnish evidence that all applicable licenses or permits necessary
for the operation of the use from any applicable jurisdiction or authority
have been obtained.
[Added by Ord. 16-14, 12/8/2016; amended by Ord. No. 18-01, 1/11/2018]
1.
Purpose. The purpose of this section is to establish a process and
standards for the establishment, construction, and operations of medical
marijuana facilities, pursuant to the Pennsylvania Medical Marijuana
Act (Pennsylvania Act 16, 2016)[1] to allow for the integration of an allowed industry while
providing for the protection of the public's health, safety, morals,
and general welfare.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
2.
Use Regulations.
A.
Academic Clinical Research Centers.
(1)
Parking requirements will follow the parking schedule found in § 27-2302, Off-Street Parking Requirements, and/or as listed for colleges, universities, technical or fine arts schools, as appropriate.
(2)
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.
(3)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where an academic clinical research
center adjoins a residential use or district.
B.
Medical Marijuana Grower/Processor.
(1)
A medical marijuana grower/processor 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.
(2)
The maximum floor area of a medical marijuana grower/processor
shall be limited to 15,000 square feet, of which sufficient space
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.
(3)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(4)
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.
(5)
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.
(6)
Grower/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(7)
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(8)
Parking requirements will follow the parking schedule found in § 27-2302, Off-Street Parking Requirements.
(9)
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
(10)
Entrances and driveways to a medical marijuana grower/processor
must be designed to accommodate the anticipated vehicles used to service
the facility.
(a)
All accesses must secure the appropriate highway occupancy permit
(state, township or borough).
(11)
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.
C.
Medical Marijuana Transport Vehicle Service.
(1)
A traffic impact study is required where the office is operated.
(2)
Parking requirements will follow the parking schedule found in § 27-2302, Off-Street Parking Requirements.
(3)
All external lighting serving a medical marijuana transport
vehicle service must be shielded in such a manner to not allow light
to be emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a residential use or district.
(5)
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.
(a)
All accesses must secure the appropriate highway occupancy permit
(state, township or borough).
(6)
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.
(7)
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.
D.
Medical Marijuana Dispensary.
(1)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current, valid medical marijuana permit
from the DOH.
(2)
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.
(3)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(4)
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.
(5)
Permitted hours of operation of a dispensary shall be 8:00 a.m.
to 8:00 p.m. (of the same calendar day).
(6)
A medical marijuana dispensary shall be a maximum of 15,000
gross square feet, of which no more than 10,000 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.
(8)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(9)
A medical marijuana dispensary may not be located within 1,000
feet of 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.
(10)
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 they are 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.
(11)
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.
(12)
All external lighting serving a medical marijuana dispensary
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(14)
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district.
(15)
Entrances and driveways to a medical marijuana dispensary must
be designed to accommodate the anticipated vehicles used to service
the facility.
(a)
All accesses must secure the appropriate highway occupancy permit
(state, township or borough).
(16)
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.
3.
Administration and enforcement.
A.
Building and Zoning Permits/Approvals.
(1)
A zoning permit shall be required prior to obtaining a building
permit for the construction or erection of a building; the alteration
of a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
(2)
The municipal zoning permit application must be completed.
(3)
Permit fees shall be as stipulated in the fee schedule adopted
by resolution of the municipal governing body in effect at the time
of application.
(4)
Permits may be denied if the applicant, in the reasonable opinion
of the Susquehanna Township Board of Commissioners, is failing to
comply with any state or local law or regulation.
(5)
In the case of new construction, meeting the Pennsylvania MPC
definition land development, plan application is required to be submitted
and an approval secured prior to establishment of the use.
(6)
If the application is to change the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
(7)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the DOH.
4.
Severability. If any section, subsection, sentence, clause or phrase
or portion of this section is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portion thereof.
5.
Penalities. Any owner, operator, or other person who violates or
permits a violation of this section shall, upon being found liable
therefor in a civil enforcement proceeding before a Magisterial District
Judge, pay to Susquehanna Township a fine of not more than $500, plus
all court costs, including, but not limited to, reasonable attorneys'
fees incurred by Susquehanna Township on account of such violation.
No penalty or cost shall be imposed until the date the determination
of the violation by the Magisterial District Judge becomes final.
If the defendant neither pays nor timely appeals the judgment, Susquehanna
Township may enforce the judgment as provided by law. Each day a violation
exists after final judgment shall constitute a separate offense. The
amount of the fine imposed shall be multiplied by the number of such
days and may be charged and collected by Susquehanna Township without
further judicial proceedings. Further, the appropriate officers or
agents of Susquehanna Township are hereby authorized to issue a cease-and-desist
notice and/or to seek equitable relief, including injunction, to enforce
compliance herewith. No bond will be required if injunctive relief
is sought by Susquehanna Township. A person who violates this section
shall also be responsible for the municipality's attorneys' fees,
engineering fees, expert fees and court costs reasonably incurred
by Susquehanna Township on account of such violation.
[Ord. No. 19-06, 10/10/2019]
1.
Purpose. The purpose of the neighborhood design developments is to:
A.
Implement certain elements of the Susquehanna Township Comprehensive
Plan, including "institut[ing] design standards that will help transform
the Township into a quality-built environment that promotes a deep
sense of place."
B.
Implement certain elements of the R-2 District's purpose statement,
by accommodating existing and future medium-density residential neighborhood
developments served by public water and public sewer, by providing
a range of options to encourage single-family residential communities
and neighborhoods of various styles, densities and designs.
C.
Encourage innovation and promote flexibility, economy and ingenuity
in the design and layout of buildings, sites and streetscapes (i.e.,
key design elements), so as to create attractive and more cohesive
residential neighborhoods with unique and identifiable senses of place.
3.
Submission Requirements.
A.
At the time of preliminary and final plan submission, the applicant shall submit the following documents demonstrating compliance and consistency with the key design elements set forth in Subsection 4.
(1)
Building and Site Layout Details: shall include the proposed
building and site design elements set forth in Subsection 4A, as applicable.
(a)
Conceptual building elevations depicting principal buildings'
front facades shall be contemplated. An elevation of every building,
architectural feature, and material, or every combination thereof,
shall not be required, but the elevations shall be generally representative
of the buildings, architectural features and styles, and materials
contemplated.
(2)
Streetscape Plan: shall include the proposed streetscape design
elements set forth in Subsection 4B, as applicable.
B.
The Design Review Committee ("DRC") shall have the opportunity to
review and comment on the proposed building and site layout details
and streetscape plan submissions (prior to review by the Susquehanna
Township Planning Commission) in order to provide informal comments
to the applicant.
4.
Key Design Elements. The applicant shall establish legally enforceable
provisions controlling the applicable key design elements of the buildings,
sites and streetscapes in accordance with following standards:
A.
Building and Site Design Elements. The following building and site
design elements shall be incorporated into all neighborhood design
developments:
(1)
Building Site Design Elements.
(a)
Incorporate a variety of decorative architectural and accent
building materials throughout the site, including brick, stone, cementitious
siding, enhanced vinyl siding, board and batten siding or other decorative
architectural material.
(b)
Create a primarily vertical expression to buildings through
the use of windows, doors, pilasters, piers, columns, arches, terraces,
porches, porticos, stoops, balconies, colonnades, arcades, or similar
elements.
(c)
Vary the rooflines of buildings through the use of dormers,
gables, turrets or similar elements.
(d)
Articulated facades and articulated rooflines shall be provided
along the building's front facade.
(e)
Windows, door openings, or other fenestration shall be primarily
vertical in proportion.
(f)
All buildings shall have at least one primary entrance that
is located on the building's front facade.
(h)
All light fixtures attached to the building's front facade shall
be decorative.
(i)
Low decorative fences, walls, hedges or other landscape treatments
shall be installed and maintained in the front yards to provide attractive
edges along the streetscape.
(j)
Front entry garages shall:
1)
Not extend closer toward the street right-of-way than the building's
front facade (including porches), unless i) such garage does not extend
closer by more than four feet, ii) a decorative garage door is used,
iii) the length of the garage facade does not exceed 50% of the total
length of the building's front facade, and iv) the above building
and site design elements shall be embellished to emphasize the non-garage
portion of the front facade; and
2)
Be set back at least 18 feet from the street right-of-way.
(k)
To create variety and provide visual interest along the streetscape
and to avoid monotonous streetscapes consisting of the same home constructed
side-by-side, one or more of the following design elements shall be
utilized from home to home along each streetscape:
(l)
Any accessory building shall be similar to, compatible with
or otherwise complement the design and construction of the principal
building to which it is accessory.
(2)
In addition to the required recreation requirements set forth in § 22-1007 of the Subdivision and Land Development Ordinance, the neighborhood design development shall provide a central open space area as follows:
(a)
The central open space area shall be conveniently accessible
by sidewalk, walkway or trail from all buildings in the neighborhood
design development.
(b)
The central open space shall have a minimum contiguous area
of one acre or, if improved to provide a gathering area of at least
300 square feet, a minimum area of one-half an acre. Such gathering
area improvements may include, but are not limited to, pavers, gazebos,
pavilions, pergolas, arbors, trellises, seating, planters, plantings,
lighting, sculptures or other decorative treatments to help identify
such central open space area for the neighborhood design development.
(c)
Existing healthy native species trees and shrubs, and water
features, should be preserved within the central open space.
(e)
All portions of the central open space, except for those areas
under sidewalks, walkways, trails, water, furnishings, and recreational
structures, shall be landscaped with trees, shrubs, ground cover,
or grass.
B.
Streetscape Design Elements. The following streetscape design elements
shall be incorporated into all neighborhood design developments:
(1)
The existing street and pedestrian systems shall be extended
into a new neighborhood design development.
(2)
Pedestrian systems such as sidewalks, walkways, trails and crosswalks
shall be installed and maintained throughout the neighborhood design
development.
(3)
The streetscape shall be embellished with nearby buildings,
sidewalks, walkways, trails, crosswalks, street trees and decorative
streetlights (poles and fixtures).
(4)
Buildings, lots, open space and neighborhoods shall be linked
through pedestrian systems.
(5)
Sidewalks, walkways or trails shall be maintained along both
sides of all streets.
(6)
All new sidewalks shall be at least five feet zero inches in
width.
(7)
Crosswalks located in driveway throats shall be at least five
feet zero inches in width.
(8)
Crosswalks shall be at least six feet zero inches in width when
they cross streets.
(9)
All trails shall be installed and maintained accordance with
the Subdivision and Land Development Ordinance.
(10)
All decorative streetlights (poles and fixtures) and street
trees shall be installed and maintained accordance with the Subdivision
and Land Development Ordinance.
(11)
In lieu of installing decorative streetlights within the rights-of-way
along streets, decorative post lights (poles and fixtures) installed
and maintained accordance with the Subdivision and Land Development
Ordinance shall be permitted within the front yards. The decorative
post lights shall include automatic dusk-to-dawn sensors.
(12)
All alleys shall be installed and maintained accordance with
Attachment 20, Design Guidelines, of the Subdivision and Land Development
Ordinance.
(13)
All neighborhood design development identification and directional
signs shall be based upon a consistent and cohesive design aesthetic
for the neighborhood design development.
C.
All proposed building site and streetscape design elements within
a neighborhood design development shall be based upon a consistent
and cohesive design aesthetic for the neighborhood design development.
5.
Dwelling, Bulk and Area Regulations. The following dwelling types
complying with the applicable bulk and area regulations shall be permitted
in a neighborhood design development:
[Added by Ord. No. 22-05, 8/11/2022]
1.
The minimum
lot area shall be 10 acres.
2.
The outdoor
area devoted to the storage of vehicles, parts, and equipment shall
be completely enclosed by an eight-foot-high opaque fence which shall
be set back at least 50 feet from all property lines and 100 feet
from residentially zoned properties and from all properties on which
a residence exists.
3.
The setback
area between the fence and the lot lines shall be kept free of weeds
and all scrub growth.
4.
All completely
enclosed buildings used to store vehicles, equipment, or parts shall
be set back at least 50 feet from all property lines.
5.
No vehicles,
equipment, parts, or material may be stored or stacked so that it
is visible from adjoining properties or roads.
6.
All federal
and commonwealth laws and ordinances shall be satisfied.
7.
All vehicles
shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water.
8.
No material,
oil, grease, tires, gasoline or similar products shall be burned at
any time.
9.
Any vehicle
salvage/recycling facility shall be maintained in such a manner as
to cause no public or private nuisance, nor to cause any offensive
or noxious sounds or odors, nor to encourage the breeding or harboring
of rats, flies, mosquitoes, or other vectors.
10.
No
vehicle salvage/recycling facility shall be located on land with a
slope in excess of 5%.
11.
A stormwater management plan per Chapter 19 of the Susquehanna Township Code is required to be approved and implemented on the site in the following areas to prevent or minimize the presence of pollutants in stormwater discharges:
12.
A landscape
plan for the entire tract shall be required. A landscape architect
licensed by the Commonwealth of Pennsylvania shall be retained to
complete such a plan to ensure the proper species, use and arrangement
of plant materials. All areas of the development not covered by impervious
surfaces shall be landscaped and maintained with suitable ground cover
and plants.
