A. In addition to the general provisions for uses within a particular zoning district established in Parts 4 and 5, and the additional general provisions for uses established in the previous articles of Part
7 and elsewhere in this chapter, Article
XVII, Specific Use Standards, sets forth the specific standards that shall be applied to each use identified herein. These specific use standards must be satisfied prior to approval of any application for a certificate of use and occupancy permit, special exception and/or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.
B. All specific use standards shall comply with the following, unless
a more restrictive standard is established in this Part 7:
(2)
Part 9, Off-Street Parking and Loading.
(3)
Part 10, Buffering, Landscaping, Screening and Lighting.
Adult-related uses are permitted as provided in Part 4, subject
to the following criteria:
A. Any adult-related uses shall not be permitted to be located within
500 feet of any other adult-related use.
B. No parcel provided for adult-related uses shall abut any land within
the Residential and Suburban Residential Zoning Districts or any existing
residential use.
C. No parcel provided for adult-related uses shall abut any parcel of
land which contains any one or more of the following specified land
uses:
(2)
Camp (for minors' activity);
(10)
Swimming pool, nonhousehold or public; or
(11)
Other lands where minors congregate.
D. The distance between any two adult entertainment establishments shall
be measured in a straight line, without regard to intervening structures,
from the closest point on the exterior parcel line of each establishment.
E. No materials, merchandise, or film offered for sale, rent, lease,
loan, or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
F. Any building or structure used and occupied as an adult-related establishment
shall be windowless, or have an opaque covering over all windows or
doors of any area in which materials, merchandise, or film are exhibited
or displayed, and no sale materials, merchandise, or film shall be
visible from outside of the building or structure.
G. No sign shall be erected upon the premises pictorially depicting
or giving a visual representation of the type of materials, merchandise
or film offered therein.
H. Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 18 years are not permitted to enter
therein and warning all other persons that they may be offended upon
entry.
I. No adult-related use may change to another adult-related use, except
upon approval of an additional conditional use.
J. The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate.
K. No unlawful sexual activity or conduct shall be permitted.
L. No more than one adult-related use may be located within one building
or shopping center.
Agribusiness uses are permitted as provided in Part 5, subject
to the following criteria:
A. The development of new agribusiness operations, or the expansion
of existing agribusiness operations, shall be subject to the following
conditions:
(1)
Minimum lot area shall be 10 acres. Where a lot is comprised
of more than one tract, the owner of such tracts shall combine them
under a single deed, which will preclude individual tracts being placed
in separate ownership without processing a subdivision plan. The deed
shall be recorded in the York County Register and Recorder's office,
and a copy of such deed shall be included in the application.
(2)
The following setbacks are required:
(a)
For new agribusiness operations, the structure housing the agribusiness
operation shall be located no closer than 100 feet to any property
line. For expansions of existing agribusiness operations, any additional
lot coverage shall not be located on the property in such a manner
that would increase the degree of nonconformity of the existing operation,
if such nonconformity exists, with the setback requirements established
by this section.
(b)
New agribusiness operations or expansions of existing agribusiness
operations receiving manure from a CAO directly or indirectly through
a broker or other person shall not mechanically land apply manure
within 100 feet of a stream, lake, or pond, unless a vegetated buffer
no less than 35 feet in width and meeting standards established by
the NRCS is used to prevent manure runoff into the water body.
(3)
Maximum lot coverage shall be 10%.
(4)
Maximum permitted height shall be 150 feet, provided all structures
are set back a distance at least equal to their height from all property
lines.
(5)
For new agribusiness operations, or expansions of existing agribusiness
operations, which require a nutrient management plan in accordance
with the Pennsylvania Nutrient Management and Odor Management Act, the applicant shall demonstrate that such plan has been prepared and submitted to the York County Conservation District for review prior to the formal review and any subsequent action by the Township. Further, the applicant shall demonstrate that such plan has been approved by the York County Conservation District prior to the issuance of the zoning permit in accordance with Part
11 of this chapter.
(6)
A water supply feasibility report shall be prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development, to demonstrate that sufficient water resources are available to serve the proposal.
(7)
The applicant shall demonstrate satisfactorily that the methods
of disposing of dead animals are in strict compliance with applicable
standards established by the PA DEP. Unless being composted, dead
turkeys, chickens, or piglets shall be kept in airtight containers.
Larger dead animals shall be kept in a manner so as to minimize the
spread of odors and disease.
(8)
A land development plan shall be submitted to, and approved by, the Township in accordance with the requirements of Chapter
235, Subdivision and Land Development.
(9)
Areas designed for outdoor storage of pallets, machinery, or other materials shall be provided with buffering and Level 1 screening in accordance with Part
10 of this chapter.
Agriculture uses, except for agribusiness uses are permitted
as provided in Parts 4 and 5, subject to the following criteria:
A. Minimum lot area shall be 10 acres.
B. Minimum setback requirements:
(1)
Front setback shall be 40 feet.
(2)
Side setback shall be 30 feet.
(3)
Rear setback shall be 40 feet.
(4)
Special setback requirements. Except as provided for in the
following subsection, no new slaughter area, area for the storage
or processing of manure, garbage, or spent mushroom compost, structures
for the cultivation of mushrooms or the raising of commercial livestock,
or any building housing commercial livestock, shall be permitted within
150 feet of any property line within the Residential and Suburban
Residential Zoning Districts or existing residential use.
(5)
These setbacks shall not apply to agricultural fences that are
used to contain agricultural livestock. Such fences shall be set back
a minimum of six feet from any adjoining street right-of-way lines.
C. Maximum permitted height for structures shall be 150 feet, provided
all structures are set back a distance at least equal to their height
from all property lines.
D. Maximum lot coverage shall be 10%.
E. All lanes exclusively serving agriculture uses shall be exempt from
driveway and access drive requirements.
F. Permitted accessory uses include, but are not limited to the following:
(1)
Roadside stands for the sale of agricultural products in accordance with §
270-105.
(2)
Accessory and family day-care facilities, as defined in Part
2 of this chapter.
(3)
Manure storage facilities, subject to the following regulations:
(a)
All manure storage facilities shall be designed in compliance
with the most recent provisions of the PA DEP and York County Conservation
District;
(b)
All waste storage facilities' designs shall be reviewed by the
York County Conservation District. The applicant shall furnish a letter
from the Conservation District attesting to approval of the design
of the proposed facility; and
(c)
Construction and subsequent operation of the waste storage facility
shall be in accordance with the permit and the approved design. Any
design changes during construction or subsequent operation requires
the applicant to contact the York County Conservation District to
determine if the subsequent changes require review and approval.
(4)
Areas designed for outdoor storage of pallets, machinery, or other materials shall be provided with buffering and Level 1 screening in accordance with Part
10 of this chapter.
(5)
Other farm occupations as provided for in this chapter.
(6)
One single-family detached dwelling.
Airports/heliports are permitted as provided in Parts 4 and
5, subject to the following criteria:
A. Minimum lot area shall be 10 acres.
B. All facilities shall be designed and operated in strict compliance
with all applicable state and federal laws and regulations.
C. The applicant shall furnish evidence of the obtainment of a license
from the PennDOT Bureau of Aviation prior to the approval of the application.
D. The approach zone to any of the proposed runways or landing strips
shall be in accordance with the regulations of the applicable federal
and/or state agencies.
E. There shall be no existing flight obstructions such as towers, chimneys
or other tall structures or natural obstructions outside of the airport
and located within the proposed approach zones.
F. Any building, hanger or structure shall be located a sufficient distance
away from the landing strip in accordance with the recommendations
of applicable federal and/or state agencies.
G. The glide path shall be a plane surface laid out in accordance with
the operating characteristics of the aircraft for which the airport
is designed. The final 500 feet of the glide path shall be wholly
within the airport property.
Animal hospitals are permitted as provided in Parts 4 and 5,
subject to the following criteria:
A. Minimum lot area. Unless animal are kept inside at all times, each
site shall contain at least two acres; otherwise, the minimum lot
area requirement of the applicable zoning district shall apply.
B. All structures where animals are kept shall be soundproofed in a
manner to prevent sound and odor from traveling outside, such as solid-core
doors, sound-absorbent ceilings and forced-air ventilation.
C. All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls or runways shall be located within the rear yard, shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter, and shall be a minimum of 100 feet from all property lines.
D. All outdoor pasture areas shall be enclosed to prevent the escape
of animals; all such enclosures shall be set back a minimum of 10
feet from all property lines.
E. The applicant shall furnish evidence of effective means of animal
and veterinary waste collection and disposal that shall be implemented.
Automobile or gasoline service stations are permitted as provided
in Part 4, subject to the following criteria:
A. The subject property shall have a minimum lot width of 125 feet.
B. The subject facility shall be set back at least 100 feet from the
closest point on the exterior lot line of any lot containing a school,
place of worship, day-care facility, playground, library, hospital
or nursing, rest or retirement home.
C. No more than three vehicles may be stored per service bay, and the storage area for such vehicles shall be provided with buffering, landscaping, screening in accordance with Part
10 of this chapter, and shall be a minimum of 50 feet from all property lines. No vehicle shall be stored upon the site for more than one month.
D. All structures (including gasoline pump islands, but not permitted
signs) shall be set back at least 30 feet from any street right-of-way
line. The base of all canopies shall conform to this setback.
E. No outdoor storage of auto parts shall be permitted.
F. All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet and shall be oriented away from any abutting
property within the Residential and Suburban Residential Zoning Districts
or any existing, adjacent residential use.
G. The applicant shall furnish evidence that the disposal of materials
will be accomplished in a manner that complies with state and federal
regulations.
Automobile, heavy equipment, and similar motor vehicle repair/service
facilities involving the reconditioning, service and repair facilities,
including, but not limited to, auto mechanics, drive-through lubrication
services and tires, auto paint, brake, muffler, transmission, windshield,
auto body, car radio, and upholstery shop are permitted as provided
in Part 4, subject to the following criteria:
A. All service and/or repair activities shall be conducted within a
completely enclosed building.
B. All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
C. No outdoor storage of parts, equipment, lubricants, fuel, or other
materials used or discarded, as part of the service or repair operation
shall be permitted.
D. The storage of unlicensed vehicles is prohibited.
E. Any ventilation equipment outlets associated with the service/repair
work area(s) shall be oriented away from any abutting property within
the Residential and Suburban Residential Zoning Districts or any existing
and abutting residential use.
F. All vehicles shall be repaired and removed from the premises promptly.
G. The demolition or junking of automobiles is prohibited. Demolished
vehicles or parts thereof shall be removed from the site within two
weeks of arrival.
H. No vehicle shall be stored upon the site for more than three months.
I. The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations, and that §
270-81 of this chapter has been complied with.
Automobile washing facilities (car washes) are permitted as
provided in Part 4 subject to the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized,
and grey water recycling is required. Adequate provision for the collection
and disposal of greases shall be demonstrated.
B. For automatic, self-service, and full-service car washes, each washing
bay shall provide a one-hundred-foot-long on-site stacking lane that
precedes the washing process.
C. For full-service car washes, a post-washing drying area shall be
provided for no less than five vehicles per washing bay.
D. All structures housing washing apparatuses shall be set back 100 feet from any street right-of-way line, 50 feet from any rear property line, and 25 feet from any side lot line, and shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
E. The applicant shall demonstrate compliance with §
270-87 of this chapter.
Billboards are permitted as provided in Part 4 subject to the
following criteria:
A. No billboard shall be located within 1,000 feet of another billboard.
B. All billboards shall be a minimum of 50 feet from all side and rear
property lines.
C. All billboards shall be set back at least 25 feet from any street
right-of-way lines.
D. All billboards shall be set back at least 300 feet from any land
within the Residential and Suburban Residential Zoning Districts or
any existing residential use.
E. No billboard shall obstruct the view of motorists on adjoining roads,
or the view of abutting commercial or industrial uses, which depend
upon visibility for identification.
F. No billboard shall exceed an overall size of 300 square feet nor
exceed 25 feet in height.
G. All properties upon which a billboard is erected shall be regularly
maintained so as not to create a nuisance by means of weeds, litter
or vector habitation.
Business and/or industry parks are permitted as provided in
Part 4, subject to the following criteria:
A. The business and/or industry park shall contain nonmotorized transportation
facilities, including but not limited to sidewalks, walking paths,
greenway linkages that shall be an integral part of the business and/or
industry park. The nonmotorized transportation facilities shall connect
all proposed lots and building sites within the business and/or industry
park and provide linkages to abutting lots and future and existing
development. The application shall identity the function or functions
of each nonmotorized pathway or greenway and shall design such pathway
or greenway to adequately perform such function or functions.
B. Permitted uses. The business and/or industry park shall be permitted to have a mix of those listed as light industrial uses in §
270-37E of this chapter and accessory commercial uses limited to the following:
(1)
Banks and financial institutions.
(2)
Restaurants (excluding drive-through facilities).
(7)
Health and fitness clubs.
(9)
Medical and dental clinics.
(14)
Retail sales, no one building to exceed 3,500 square feet in
building size.
(15)
Retail services, no one building to exceed 3,500 square feet
in building size.
(16)
Wholesale warehousing facilities which do not exceed 20,000
square feet in building size and where clientele are specific users
located elsewhere in the business park and retail sales are not conducted.
(17)
Repair of business and office equipment.
C. A maximum of 20% of the gross floor area of the buildings within
the business and/or industry park shall be permitted to be developed
with such accessory commercial uses. If the development of the business
and/or industry park is proposed in phases, at no time during the
development shall the portion of the floor area dedicated toward the
accessory commercial uses exceed 20% of the total building floor area
within the developed phases of the business park.
D. The areas of the business and/or industry park set aside for the
accessory commercial use shall be identified on the plans and shall
be so designed to be internal to the business and/or industry park
and to be accessory and in support of the overall industrial uses
within the business and/or industry park. The commercial uses shall
be located within the business and/or industry park to best facilitate
motorized and nonmotorized access.
E. The subject property shall front on a collector or arterial road,
and all access drives shall be set back at least 200 feet from the
intersection of any street rights-of-way. All internal access drives
providing access to parcels within the park shall remain private.
F. Both public sewer and public water utilities shall be utilized.
G. All uses within the business and/or industry park must comply with
all applicable federal, state and local regulations.
H. A traffic study shall be prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development.
I. Individual uses within the business center may have signs; however, such signs shall be flat wall, wall projecting, or roof signs as described in Part
8 of this chapter.
Campgrounds are permitted as provided in Part 5 subject to the
following criteria:
A. Setbacks. All campsites shall be located at least 50 feet from any
side or rear property line and at least 100 feet from any public street
right-of-way line.
B. Each campground shall contain at least five acres. Each campsite
shall be at least 1,500 square feet in size and shall either provide
parking space for one automobile that will not interfere with the
convenient and safe movement of traffic, or equivalent parking shall
be provided in a common parking area.
C. An internal road system shall be provided. Access drives shall be designed and constructed in accordance with Article
V of Chapter
235, Subdivision and Land Development, and Chapter
105, Construction and Materials Specifications. On-drive parallel parking shall not be permitted.
D. All outdoor play areas shall be set back 50 feet from any property line and provided with buffering, landscaping and screening in accordance with Part
10 of this chapter. Such outdoor play areas shall be used exclusively by registered guests and their visitors.
E. All campgrounds shall furnish centralized completely enclosed sanitary
and garbage collection facilities that are leakproof and verminproof
and that shall be set back a minimum of 100 feet from any property
line. Such facilities shall be screened from abutting residentially
zoned properties.
F. Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
G. All campgrounds containing more than 100 campsites shall have vehicular
access to an arterial or collector street.
H. If the site is in the Farming Zoning District, the applicant shall
demonstrate that the proposed location is located on the least productive
soils (Classes IV to VIII).
I. A campground may construct one freestanding or attached sign containing
no more than 32 square feet. Any reference to accessory commercial
or recreational facilities shall remain secondary in size to the reference
of the principal campground use. Such sign shall be set back at least
10 feet from the street right-of-way line, at least 100 feet from
any property in the Residential and Suburban Residential Zoning Districts
or existing residential use, and, at least 25 feet from abutting lot
lines.
J. 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.
K. During operation, every campground shall have an office in which
shall be located the person responsible for operation of the campground.
L. All water utilities, sewage disposal systems, restrooms, solid waste
disposal and vector control shall be approved and maintained in accordance
with the requirements of the PA DEP.
M. No permanent structures shall be permitted on any campsite other
than fireplaces.
N. No recreational vehicles may be parked within a campground for more
than 180 consecutive days.
O. No persons shall be permitted to permanently reside on any campsite.
Cemeteries are permitted as provided in Parts 4 and 5 subject
to the following criteria:
A. For cemeteries exceeding two acres in size. If the site is in the
Farming Zoning District, the applicant shall demonstrate that the
proposed location is located on the least productive soils (Classes
IV to VIII).
B. All burial plots or structures shall be located at least 50 feet
from any property or street right-of-way line and/or easement.
C. Assurances must be provided that water supplies of surrounding properties
will not be contaminated by burial activity within the proposed cemetery.
D. No burial plots or facilities shall be permitted in the Floodplain
Protection Overlay.
E. Any escrow account provided for by state or federal law shall be
established in favor of the Township.
Club room, club grounds and meeting hall are permitted as provided
in Parts 4 and 5 subject to the following criteria:
A. All properties containing a club room, club ground and/or meeting
hall shall front and have access to a public road.
B. All off-street parking shall be provided in accordance with Part
9 of this chapter which will also be set back 30 feet from any abutting residential lot lines.
C. All outdoor recreation/activity areas shall be set back at least
50 feet from any property line and right-of-way line.
D. The applicant must furnish evidence as to how the use will be controlled
so as not to constitute a nuisance due to noise or loitering.
E. The applicant shall furnish evidence that approved systems for sewage
disposal and water supply will be utilized.
[Amended 11-19-2019 by Ord. No. 3-2019]
A. General and specific requirements for non-tower wireless communications
facilities.
(1)
The following regulations shall apply to all non-tower WCF that
do not meet the definition of a small WCF:
(a)
Permitted in all zones subject to regulations. Non-tower WCF
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to applicable permitting by the Township.
(b)
Nonconforming wireless support structures. Non-tower WCF shall
be permitted upon nonconforming tower-based WCF and other nonconforming
structures. Collocation of WCF upon existing tower-based WCF is encouraged
even if the tower-based WCF is nonconforming as to use within a zoning
district.
(c)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(d)
Wind and ice. All non-tower WCF structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
(e)
Aviation safety. Non-tower WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(f)
Public safety communications. Non-tower WCF shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(g)
Radio frequency emissions. A non-tower 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.
(h)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCF, or portions of WCF, 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
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 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.
(i)
Timing of approval. The Township shall act on an application
for a non-tower WCF within 60 days of receiving a completed application.
The Township shall notify the WCF applicant in writing of its decision.
(j)
Insurance. Each person that owns or operates a non-tower 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 non-tower WCF.
(k)
Indemnification. Each person that owns or operates a non-tower
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 non-tower WCF. Each person that owns or operates
a non-tower 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 non-tower 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.
(l)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(2)
In addition to the requirements in §
270-125A(1) above, the following regulations shall apply to all collocated non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act:
(a)
Permitted use. Non-tower WCFs that do not substantially change
the physical dimensions of the wireless support structure to which
they are attached, and/or fall under the WBCA shall be a permitted
use in all zoning districts.
(b)
Building permit required. WCF applicants proposing the modification
of an existing tower-based WCF shall obtain a building permit from
the Township. In order to be considered for such permit, the WCF applicant
must submit a permit application to the Township in accordance with
applicable permit policies and procedures.
(3)
In addition to the requirements in §
270-125A(1) above, the following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:
(a)
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 §
270-125A.
(b)
Prohibited on certain structures. No non-tower WCF shall be
located on single-family detached residences, single-family attached
residences, twin-homes, duplexes, or any residential accessory structure.
(c)
Conditional use authorization required. Any WCF applicant proposing
the construction of a new non-tower WCF that substantially changes
the dimensions of the underlying wireless support structure, or the
modification of an existing non-tower WCF if said modification is
a substantial change, shall first obtain a conditional use authorization
from the Township. The conditional use application shall demonstrate
that the proposed facility complies with all applicable provisions
in the West Manheim Township Zoning Ordinance.
(d)
Historic buildings. No non-tower 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.
(e)
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 non-tower WCF, as
well as related inspection, monitoring and related costs. Such permit
fees shall be established by the Township Fee Schedule.
(f)
Development regulations. Non-tower WCF shall be located or collocated
on existing structures, such as existing buildings or tower-based
WCF, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted
WCF shall not exceed 20 feet above the maximum height permitted in
the underlying zoning district.
[2]
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Township justifying the total height
of the non-tower WCF.
[3]
If the WCF applicant proposes to locate the accessory equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
[4]
A security fence not to exceed eight feet in height shall surround any separate communications equipment building. Such fence shall comply with the requirements of Chapter
105, Construction and Materials Specifications. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
[5]
Any separate communications equipment building shall also be
surrounded by a screen of evergreen trees, each at least four feet
in height, located along the perimeter of the security fence. Existing
vegetation shall be preserved to the maximum extent possible.
(g)
Non-tower WCF shall employ stealth technology and be treated
to match the wireless support structure in order to minimize aesthetic
impact. The application of the stealth technology utilized by the
WCF applicant shall be subject to the approval of the Township.
(h)
Removal, replacement and modification.
[1]
The removal and replacement of non-tower WCF and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted
by right, so long as such repair or upgrade does not substantially
change the overall height of the WCF or increase the number of antennas.
[2]
Any modification that substantially changes a WCF shall require
notice to be provided to the Township, and possible supplemental permit
approval to the original permit or authorization as determined by
the Zoning Officer.
(i)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance and
any other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(4)
Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the applicable non-tower WCF provisions listed in §
270-125A(1) the following regulations shall apply to non-tower WCF located in the public rights-of-way:
(a)
Location. Non-tower WCF in the ROW shall be collocated on existing
tower-based WCF. If collocation is not technologically feasible, the
WCF applicant shall locate its non-tower WCF on existing poles or
other structures that do not already act as wireless support structures
with the Township's approval.
(b)
Design requirements:
[1]
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
[2]
Antenna and accessory equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(c)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCF in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(d)
Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb,
within four feet of the edge of the cartway, or within an easement
extending onto a privately owned lot.
[2]
To the extent feasible, accessory equipment shall be placed
underground. Ground-mounted accessory equipment that cannot be placed
underground shall be screened from surrounding views, to the fullest
extent possible, through the use of landscaping or other decorative
features to the satisfaction of the Township. Ground-mounted accessory
equipment shall be screened, when possible, by utilizing existing
structures. If screening by utilizing existing structures is not possible,
ground-mounted accessory equipment shall be made architecturally and
aesthetically compatible with the surrounding area through the use
of coatings, landscaping, and/or screening walls or enclosures to
the satisfaction of the Township.
[3]
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on any wireless support structures or any accessory
equipment shall be removed within 30 days upon notification by the
Township at the sole expense of the owner.
[5]
Any proposed underground vault related to non-tower WCF shall
be reviewed and approved by the Township.
[6]
Accessory equipment attached to the wireless support structure
shall have a minimum of 12 feet of vertical clearance above finished
grade.
(e)
Relocation or removal of facilities. Within 90 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, or change the position
of any WCF when the Township, consistent with its police powers and
any applicable Public Utility Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every non-tower 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 non-tower 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.
B. General and specific requirements for tower-based wireless communications
facilities.
(1)
The following regulations shall apply to all tower-based wireless
communications facilities that do not meet the definition of a small
WCF.
(a)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(b)
Conditional use authorization required. Tower-based WCF are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system subject to the requirements of this §
270-125B.
[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 mail notice to all owners of every property within
1,000 feet of the proposed facility. The WCF applicant shall provide
proof of the notification to the Township.
[2]
Prior to the Board's approval of a conditional use authorizing
the construction and installation of tower-based WCF, it shall be
incumbent upon the WCF applicant for such conditional use approval
to prove to the reasonable satisfaction of the Board that the WCF
applicant cannot adequately extend or infill its communications system
by the use of equipment such as redoes, repeaters, antenna(s) and
other similar equipment installed on existing structures, such as
utility poles or their appurtenances and other available structures.
The WCF applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable, less-intrusive
alternative location exists.
[3]
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, 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 conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
[5]
Where the tower-based WCF is located on a property that is not
owned by the WCF applicant, the WCF applicant shall present documentation
to the Board that the owner of the property has granted an easement,
if necessary, for the proposed WCF and that vehicular access will
be provided to the facility.
[6]
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all applicable provisions of this chapter.
(c)
Engineer inspection. Prior to the Township's issuance of a permit
authorizing construction and erection of a tower-based WCF, a structural
engineer licensed in the Commonwealth of Pennsylvania shall issue
to the Township a written certification 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. This certification shall be provided during the
conditional hearings or at a minimum be made as a condition attached
to any approval given such that the certification be provided prior
to issuance of any building permits.
(d)
Visual appearance and land use compatibility. Tower-based WCF
shall employ stealth technology which may include the tower portion
to be painted a specific color as appropriate; however, each case
should be evaluated individually. All tower-based WCF 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 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; 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)
Collocation and siting. An application for a new tower-based
WCF shall demonstrate that the proposed antenna(s) cannot be accommodated
on an existing or approved structure or building, or sited on land
owned and maintained by the Township. The 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 structure.
The WCF applicant shall demonstrate that it contacted the owners of
tall structures, buildings, and towers within a 1/4 of a mile 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:
[1]
The proposed antenna and accessory equipment would exceed the
structural capacity of the existing building or structure, and its
reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and accessory equipment would cause radio
frequency interference with other existing equipment for that existing
building or structure and the interference cannot be prevented at
a reasonable cost.
[3]
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.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building or structure.
(f)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any WCF applicant proposing
the modification of an existing tower-based WCF, which increases the
overall height of such WCF, shall first obtain a permit from the Township.
To the extent permissible under law, non-routine modifications shall
be prohibited without a permit.
(g)
Additional antennas. As a condition of approval for all tower-based
WCF, the WCF applicant shall provide the Township with a written commitment
that it will allow other service providers to collocate antennas on
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 antennas without obtaining the
prior written approval of the Township.
(h)
Wind and ice. Any tower-based WCF structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
(i)
Height. Tower-based WCFs shall be designed and kept at the minimum
functional height. The maximum height of any tower-based WCF shall
be 150 feet.
(j)
Accessory equipment. One single-story wireless communications
equipment building not exceeding 500 square feet in area or its equivalent
may be located on the site for each unrelated company sharing space
on the tower-based WCF.
(k)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(l)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[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 utilize the best available technology for preventing
failures and accidents.
(m)
Radio frequency emissions. A tower-based 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.
(n)
Historic buildings. No tower-based 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.
(o)
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.
(p)
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.
(q)
Noise. Tower-based WCF 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.
(r)
Timing of approval.
[1]
Within 30 calendar days of the date that an application for
a tower-based WCF is filed with the Township, the Township shall notify
the WCF applicant in writing of any information that may be required
to complete such application. All applications for tower-based WCFs
shall be acted upon within 150 days of the receipt of a fully completed
application for the approval of such tower-based WCF and the Township
shall advise the WCF applicant in writing of its decision. If additional
information was requested by the Township to complete an application,
the time required by the WCF applicant to provide the information
shall not be counted toward the 150-day review period.
[2]
If the proposed tower-based WCF meets the definition of a small
wireless communications facility, the application shall be acted upon
by the Township within 90 days of the receipt of a fully completed
application for the approval of such small wireless communications
facility and the Township shall advise the WCF applicant in writing
of its decision.
(s)
Nonconforming uses. Nonconforming tower-based WCF which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location but must otherwise comply with
the terms and conditions of this section. The collocation of antennas
is permitted on nonconforming structures.
(t)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCF or portions of WCF
shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within 90 days of the cessation of operations at
the site unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within 90
days of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCF, including antennas,
shall be removed within 90 days of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(u)
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 tower-based WCF,
as well as related inspection, monitoring, and related costs. Such
permit fees shall be established by the Township fee schedule.
(v)
FCC license. Each person that owns or operates a tower-based
WCF over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(w)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Township 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. Each person that owns or operates a tower-based WCF 40 feet or
less in height shall 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 each tower-based WCF.
(x)
Indemnification. Each person that owns or operates a tower-based
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 tower-based WCF. Each person that owns or operates
a tower-based 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 tower-based 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.
(y)
Engineer signature. All plans and drawings for a tower-based
WCF shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(z)
Development regulations.
[1]
Tower-based WCF are permitted outside the public rights-of-way
in the following zoning districts by conditional use, subject to the
requirements of this chapter:
[a] Business Center District.
[b] Commercial/Industrial District.
[2]
If located in the Farming District, the WCF applicant shall
demonstrate that the proposed tower-based WCF is located on the least
productive soils.
[3]
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot meets the minimum
requirements of the underlying zoning district. The minimum distance
between the base of a tower-based WCF and any adjoining property line
or street right-of-way line shall equal 150% of the proposed WCF structure's
height, unless the applicant shows to the satisfaction of the Board
that the proposed tower-based WCF has been designed in such a manner
that a lesser setback will have no negative effects on public safety.
[4]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another 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 guy wires,
the equipment building, security fence, and buffer planting if the
proposed WCF is greater than 40 feet in height.
[c] Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 150% of the proposed height of the tower-based
WCF, unless the applicant shows to the satisfaction of the Board that
the proposed tower-based WCF has been designed in such a manner that
a lesser setback will have no negative effects on public safety.
(aa)
Design regulations.
[1] The WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. Application of the stealth
technology utilized by the WCF applicant shall be subject to the approval
of the Township.
[2] Any proposed tower-based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
[3] Any tower-based WCF shall be equipped with an anti-climbing
device, as approved by the manufacturer.
(bb)
Surrounding environs.
[1] 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.
[2] The WCF applicant shall submit a soil report to
the Township complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA/TIA-222, as amended, to document and verify
the design specifications of the foundation of the tower-based WCF,
and anchors for guy wires, if used.
(cc)
Fence/screen. All tower-based WCF shall be screened in compliance with the Level 2 screening requirements established by §
270-215B of the Township Code.
(dd)
Accessory equipment.
[1] Ground-mounted accessory equipment associated or
connected with a tower-based WCF greater than three cubic feet shall
not be located within 50 feet of a lot in residential use.
[2] Ground-mounted accessory equipment associated,
or connected, with a tower-based WCF shall be placed underground or
screened from public view using Stealth Technologies, as described
above.
[3] All accessory equipment, utility buildings and
accessory structures shall be architecturally designed to blend into
the environment in which they are situated and shall meet the minimum
setback requirements of the underlying zoning district.
(ee)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the Zoning Ordinance and any other provisions
found within the Township Code or state or federal law. The Township
and/or its agents shall have the authority to enter the property upon
which a WCF is located at any time, upon reasonable notice to the
operator, to ensure such compliance.
(ff)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Township financial security in amount sufficient
to cover the installation, construction, and maintenance of the tower-based
WCF during the projected lifetime thereof. The amount required shall
be determined at the sole discretion of the Township based upon the
unique characteristics of the tower-based WCF. Said financial security
shall remain in place until the tower-based WCF is removed.
C. Small wireless communications facilities.
(1)
Regulations applicable to all small wireless communications
facilities. The following regulations shall apply to small wireless
communications facilities:
(a)
Location and development standards.
[1]
Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this §
270-125C and generally applicable permitting as required by the Township Code.
[2]
Eligible facilities request. WCF applicants proposing a modification
to an existing WCF that does not substantially change the dimensions
of the underlying structure shall be required only to obtain a building
permit from the Township Zoning Officer. In order to be considered
for such permit, the WCF applicant must submit a permit application
to the Township in accordance with applicable permit policies and
procedures pursuant to the requirements of 47 C.F.R. § 1.40001.
[3]
Small WCF in the public ROW requiring the installation of a
new wireless support structure shall not be located in front of any
building entrance or exit.
[4]
All small WCF shall comply with the applicable requirements
of the Americans with Disabilities Act and all Township Code requirements
applicable to streets and sidewalks.
(b)
Nonconforming wireless support structures. Small WCF shall be
permitted to collocate upon nonconforming tower-based WCF and other
nonconforming structures. Collocation of WCF upon existing tower-based
WCF is encouraged even if the tower-based WCF is nonconforming as
to use within a zoning district.
(c)
Standard of care. Any small WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, or to the industry standard applicable
to the structure. Any WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(d)
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.
(e)
Wind and ice. All small WCF shall be designed to withstand the
effects of wind gusts and ice to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
(f)
Aviation safety. Small WCF shall comply with all federal and
state laws and regulations concerning aviation safety.
(g)
Public safety communications. Small WCF shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(h)
Radio frequency emissions. A small WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(i)
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.
(j)
Accessory equipment. Small WCF and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the Township.
(k)
Graffiti. Any graffiti on the wireless support structure or
on any accessory equipment shall be removed at the sole expense of
the owner within 30 days of notification by the Township.
(l)
Design standards. All small WCF in the Township shall comply
with the following design standards:
[1]
Utility poles shall not obstruct vehicular, pedestrian, or cyclist
traffic or sight lines in an unsafe manner.
[2]
All small WCF shall be designed and constructed in an effort
to minimize aesthetic impact to the extent technically feasible.
[3]
No small WCF shall extend beyond the boundaries of the rights-of-way
unless approved on a case-by-case basis by the appropriate Township
official.
[4]
Antenna standards.
[a] Any antenna associated with a small WCF shall not
exceed three cubic feet in volume.
[b] All pole-top antennas shall be flush-mounted as
closely to the top of the utility pole as technically feasible.
[c] All antennas shall be of a design, style, and color
that reasonably matches the utility pole upon which they are attached.
[d] Any necessary pole-top extension shall be of the
minimum height necessary to achieve separation from the existing pole
attachments.
[e] Any antenna mounted on a lateral standoff bracket
shall protrude no more than necessary to meet clearances.
[f] If mounted on an existing structure, no antenna
shall impair the function of said structure.
[g] Antenna placement shall not impair light, air,
or views from adjacent windows.
[5]
Accessory equipment standards.
[a] Accessory equipment shall not exceed 28 cubic feet
in volume. Stealth technology shall not be included in the accessory
equipment volume calculation.
[b] Accessory equipment shall be mounted flush to the
side of a utility pole, or as near flush to the side of a utility
pole as technically feasible.
[c] Accessory equipment shall be mounted so as to provide
a minimum of eight feet vertical clearance from ground level.
[d] Accessory equipment shall be of a color that reasonably
matches the utility pole upon which such accessory equipment is mounted.
[e] All accessory equipment shall be contained within
a single equipment shroud or cabinet.
[f] All small WCF shall post a sign in a readily visible
location identifying the owner's permit number and the name and phone
number of a party to contact in the event of an emergency. The only
other signage permitted shall be that required by the FCC or any other
federal or state agency.
[g] Accessory equipment placement shall not impair
light, air, or views from adjacent windows.
[h] No accessory equipment shall feature any lighting,
including flashing indicator lights, unless required by state or federal
law.
[6]
Wiring standards.
[a] Exposed wiring is prohibited.
[b] Transmission, fiber, power cables and any other
wiring shall be contained within any utility pole for which such concealment
is technically feasible. If wiring cannot be contained within the
utility pole, all wiring shall be contained within conduit or U-guard
that is flush-mounted to the utility pole.
[c] All wiring shall be installed without excessive
slack or extra cable storage on the utility pole.
[d] Any conduit or U-guard shall be of a color that
reasonably matches the utility pole to which the small WCF is attached.
[e] Loops of extra wiring shall not be attached to
any utility pole.
[7]
Replacement poles.
[a] The maximum height of any proposed replacement
utility pole shall be: 1) no more than 10% taller than the tallest
existing utility pole in the public rights-of-way within a 250-foot
radius of the proposed small WCF; or 2) 50 feet above ground level,
whichever is greater.
[b] Any replacement utility pole shall be of comparable
materials and design to the existing utility pole.
[c] Any replacement utility pole shall be placed within
five feet of the existing utility pole being replaced.
[d] Any replacement utility pole shall be designed
to accommodate all uses that exited on the existing utility pole prior
to replacement. As part of an application for a small WCF, the applicant
shall provide documentation from a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the replacement utility
pole, small WCF, and prior existing uses shall be structurally sound.
[e] Any replacement utility pole shall not deviate
from the predominant pattern of existing adjacent structures.
[8]
New poles.
[a] The maximum height of any new utility pole shall
be: 1) no more than 10% taller than the tallest existing utility pole
in the public rights-of-way within a 250-foot radius of the proposed
small WCF; or 2) 50 feet above ground level, whichever is greater.
[b] Any new utility pole shall be installed in accordance
with the predominant pattern of existing adjacent structures.
[c] To the extent technically feasible, no new utility
pole shall be installed:
[i]
In the front facade area of any commercial or residential building;
[ii] Within 10 feet of the edge of any driveway;
[iii] In the public rights-of-way directly opposite
any driveway; or
[iv] In violation of the design standards contained
herein.
[9]
Decorative poles:
[a] Decorative poles shall be required:
[i]
For the replacement of any existing decorative pole; and
[ii] In any zoning district where all utilities are
required to by placed underground on a non-discriminatory basis.
[b]
For any replacement decorative pole, the new decorative pole
shall match the existing decorative pole in shape, design, color,
and material.
(m)
Timing of approval.
[1]
Within 60 days of receipt of an application for collocation
of a small WCF on a preexisting wireless support structure, the Township
Zoning Officer shall make a final decision on whether to approve the
application and shall notify the WCF applicant in writing of such
decision.
[2]
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new wireless support structure, the
Township Zoning Officer shall make a final decision on whether to
approve the application and shall notify the WCF applicant in writing
of such decision.
[3]
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.
(n)
Relocation or removal of facilities. Within 90 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small WCF in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any WCF when the Township, consistent with its
police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
(o)
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.
Convenience stores are permitted as provided in Part 4 subject
to the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. The subject property shall have a minimum lot width of 125 feet.
C. The subject facility shall be set back at least 100 feet from the
closest point on the exterior lot line of any lot containing a school,
place of worship, day-care facility, playground, library, hospital
or nursing, rest or retirement home.
D. All structures shall be set back at least 30 feet from any street
right-of-way line.
E. No outdoor stockpiling of trash is permitted. An area enclosed by
a wall, fence with a self-latching door or gate and screened from
view of adjoining properties shall be provided whenever outdoor storage
is required. No materials may be stored so as to create a fire hazard.
F. At least 20% of the lot on which the facility is situated must be
devoted to natural landscaping.
Commercial day-care facilities are permitted as provided in
Part 4 subject to the following criteria:
A. An outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and screening and buffering shall be in compliance with Part
10 of this chapter, but vegetative materials located within the outdoor play areas shall be of a nonharmful type (vegetative materials that are not poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
B. Enrollment shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a seven-day
period.
C. Passenger "dropoff" and "pickup" areas shall be provided on site
and arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
D. All commercial day-care facilities shall obtain and maintain the
proper licensure from the commonwealth.
Multifamily dwellings are permitted as provided in Part 4 subject
to the following criteria:
A. Minimum lot area shall be one acre.
B. Maximum density shall be 12 dwelling units per acre.
C. All dwelling units must be connected to centralized sewer and centralized
water systems.
D. Minimum required setbacks. Off-street parking and loading (excluding driveways) shall be set back at least 25 feet from every adjoining property line and shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter. Interior building setbacks shall be as follows:
(1)
A minimum yard space of 40 feet is required between end walls
of buildings. If the buildings are at right angles to each other,
the distance between the corners of the end walls of the building
may be reduced to a minimum of 20 feet.
(2)
A minimum yard space of 40 feet is required between end walls
and front or rear faces of buildings.
E. A minimum of 30% of the total tract area shall be designated and
maintained as common open space. Responsibility for maintenance of
the open space area shall be with the landowner. The open space shall
provide access to all yards.
F. Provisions for the future maintenance of all common areas, including
but not limited to parking and recreation, shall be explicitly provided
with the proposed project. The provisions and any agreements, such
as bylaws for a property owners' association, shall be subject to
the approval of the Board of Supervisors.
[Amended 4-20-2010 by Ord. No. 2-2010]
Single-family attached dwellings are permitted as provided in Part
4 and/or Part
6, Article
XII, subject to the following criteria:
A. Maximum density shall be 12 dwelling units per acre in the Suburban
Residential (SR) District.
C. There shall be no more than six dwelling units (all classifications)
in any one row.
D. All dwelling units must be connected to centralized sewer and centralized
water systems.
E. Minimum required setbacks. Off-street parking and loading (excluding driveways) shall be set back at least 25 feet from every adjoining property line and shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter. Interior building setbacks shall be as follows:
(1)
A minimum yard space of 40 feet is required between end walls
and front or rear faces of buildings.
F. A minimum of 30% of the total tract area shall be designated and
maintained as common open space. Responsibility for maintenance of
the open space area shall be with the landowner. The required open
space shall provide access for all units to the yard space provided
for each unit.
G. Provisions for the future maintenance of all common areas including
but not limited to parking and recreation shall be explicitly provided
with the proposed project. The provisions and any agreements, such
as bylaws for a property owners' association, shall be subject to
the approval of the Board of Supervisors.
[Added 4-20-2010 by Ord. No. 2-2010]
Single-family semidetached dwellings are permitted as provided in Part
4 and/or Part
6, Article
XII, subject to the following criteria:
A. The allowable density in the Residential (R) District shall be determined in accordance with §
270-71.
B. Minimum required setbacks. Off-street parking and loading (excluding driveways) shall be set back at least 25 feet from every adjoining property line and shall be provided with buffering, landscaping, and screening in accordance with Part
10 of this chapter. Interior building setbacks shall be as follows:
(1)
A minimum yard space of 40 feet is required; between end walls
and front or rear faces of buildings.
C. For all tracts of land upon which new residential subdivisions, or
portions thereof, that contain this dwelling unit type, that are created
after the effective date of this chapter shall have a minimum of 30%
of the total tract area designated and maintained as common open space.
Responsibility for maintenance of the open space area shall be with
the landowner. The required open space shall provide access for all
units to the yard space provided for each unit.
D. Provisions for the future maintenance of all common areas including
but not limited to parking and recreation shall be explicitly provided
with the proposed project. The provisions and any agreements, such
as bylaws for a property owners' association, shall be subject to
the approval of the Board of Supervisors.
[Added 4-20-2010 by Ord. No. 2-2010]
Two-family dwellings are permitted as provided in Part
4 and/or Part
6, Article
XII, subject to the following criteria:
A. The allowable density in the Residential (R) District shall be determined in accordance with §
270-71.
B. Minimum required setbacks. Off-street parking and loading (excluding driveways) shall be set back at least 25 feet from every adjoining property line and shall be provided with buffering, landscaping, and screening in accordance with Part
10 of this chapter.
C. All tracts of land upon which new residential subdivisions, or portions
thereof, that contain this dwelling unit type, that are created after
the effective date of this chapter, shall have a minimum of 30% of
the total tract area designated and maintained as common open space.
Responsibility for maintenance of the open space area shall be with
the landowner. The required open space shall provide access for all
units to the yard space provided for each unit.
D. Provisions for the future maintenance of all common areas, including
but not limited to parking and recreation, shall be explicitly provided
with the proposed project. The provisions and any agreements, such
as bylaws for a property owners' association, shall be subject to
the approval of the Board of Supervisors.
Essential service buildings and/or structures are permitted
as provided in Parts 4 and 5 subject to the following criteria:
A. Unhoused equipment shall be enclosed with a fence six feet in height and shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
B. Housed equipment. When the equipment is totally enclosed within a
building, no fence or screen planting shall be required and the yard
shall be maintained in conformity with the zoning district in which
the facility is located.
C. Within the Farming, Residential and Suburban Residential Zoning Districts,
the permitted public facilities shall not include the unhoused storage
of vehicles or equipment used in the maintenance of any utility and
no equipment causing noise, vibration, smoke, odor, or hazardous effect
shall be installed.
[Amended 6-1-2023 by Ord.
No. 2-2023]
Farm-related businesses are permitted as provided in Part 5
subject to the following criteria: If the site is in the Farming Zoning
District, the applicant shall demonstrate that the proposed location
is located on the least productive soils (Classes IV to VIII).
Financial institutions are permitted as provided in Part 4 subject
to the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. At least 10% of the lot on which the facility is situated must be
devoted to natural landscaping.
C. Access shall be via an arterial or collector street as defined in
the West Manheim Township Comprehensive Plan.
D. All drive-through window lanes shall be separated from the parking
lot's interior driveway.
E. All automated teller machines shall be located or contain convenient
parking spaces so that the on-site movement of vehicles will not be
impaired by those cars belonging to persons using an automated teller
machine.
F. Sufficient stacking lanes shall be provided associated with drive-through
windows to prevent vehicle backups on adjoining roads.
Forestry is permitted as provided in Parts 4 and 5 subject to
the following criteria where the value of the trees, logs or other
timber products removed exceeds $1,000. These provisions do not apply
to the cutting of trees for the personal use of the landowner or for
precommercial timber stand improvement.
A. Notification of commencement or completion. For all timber harvesting
operations that are expected to exceed two acres, the landowner shall
notify the Township Zoning Officer at least 30 business days before
the operation commences and within 15 days before the operation is
completed. No timber harvesting shall occur until the notice has been
provided. Notification shall be in writing and shall specify the land
on which harvesting will occur, the expected size of the harvest area
and, as applicable, the anticipated starting or completion date of
the operation and logging plan. This written notification shall also
specify any public and/or private roads affected, dates of effect,
plans to restore any damages to public and/or private roads and contact
information for the logging operations submitted to owners abutting
the private road used to access the logging site.
B. Preparation of a logging plan. Every landowner on whose land timber
harvesting is to occur shall prepare a written logging plan in the
form specified in this section. No timber harvesting shall occur until
the plan has been prepared and proper notification of commencement
is provided to the Township. The provisions of this plan shall be
followed throughout the operation. The plan shall be available at
the harvest site at all times during the operation and shall be provided
to the Township Zoning Officer upon request.
C. Responsibility for compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
D. Contents of the logging plan.
(1)
As a minimum, the logging plan shall include the following:
(a)
Design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails and landings.
(b)
Design, construction and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips and
water bars.
(c)
Design, construction and maintenance of stream and wetland crossings.
(d)
The general location of the proposed operation in relation to
Township and state highways, including any accesses to the highways.
(2)
Each logging plan shall include a site map containing the following
information:
(a)
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place and the
boundaries of the proposed harvest area within that property.
(b)
Significant topographic features related to potential environmental
problems.
(c)
Location of all earth disturbance activities such as roads,
landings and water control measures and structures.
(d)
Location of all crossing of waters of the commonwealth.
(e)
The general location of the proposed operation to Township and
state highways, including any accesses to those highways.
E. Compliance with applicable regulations. The logging plan shall address
and comply with the requirements of all applicable state laws and
regulations and Township ordinances, including, but not, limited to,
the following:
(1)
Soil erosion and sedimentation control regulations and standards
of the York County Conservation District and/or PA DEP requirements.
(2)
Stream crossing and wetlands protection regulations of PA DEP
and/or the United States Army Corps of Engineers.
(3)
Stormwater management plans and regulations issued pursuant to Article
IV of Chapter
235, Subdivision and Land Development.
F. Relationship of state laws, regulations and permits to the logging
plan. Any permits required by state laws and regulations shall be
attached to and become part of the logging plan. A soil erosion and
sedimentation control plan that satisfies the requirements of 25 Pa.
Code Chapter 102 shall also satisfy the minimum requirements for the
logging plan and associated map specified previously, provided that
all information required by these subsections is included or attached.
G. Responsibility for road maintenance and repair; road bonding. The
landowner and the operator shall be responsible for repairing any
damage to Township roads caused by traffic associated with the timber
harvest operation pursuant to the provisions of 67 Pa. Code Chapter
189, Hauling in Excess of Posted Weight Limit. The Township may require
the landowner and/or operator to furnish a bond to guarantee the repair
of any such damage, pursuant to the said provisions of the Pennsylvania
Code.
Funeral homes are permitted as provided in Part 4 subject to
the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. The applicant shall demonstrate proof of an approved means of disposal
of all solid, medical, and hazardous wastes.
C. Sufficient off-street parking shall be provided to prevent traffic
backups onto adjoining roads.
D. No vehicular access to the site shall be from an arterial road.
E. All funeral homes must provide a minimum one-hundred-foot off-street
stacking area for the formation of a funeral procession on the site.
Golf courses are permitted as provided in Parts 4 and 5 subject
to the following criteria:
A. In no case shall the golf course design permit or encourage a golf
ball to be driven across any building, building lot, parking lot,
street right-of-way, access drive, or driveway.
B. Golf paths shall be graded so as to discharge stormwater runoff.
Surface conditions of paths shall be adequately protected from an
exposed soil condition.
(1)
The golf course design shall minimize golf path crossings of
streets, access drives and driveways. Easily identifiable golf paths
must be provided for crossings of streets, access drives or driveways.
The golf course design shall both discourage random crossing and require
use of the golf path crossings of streets, access drives and driveways.
Golf path crossings shall conform to the following:
(a)
Each crossing shall be perpendicular to the traffic movements.
(b)
Only one street access drive or driveway may be crossed at each
location.
(c)
No crossing is permitted between a point 15 feet and 150 feet
from the cartway edge of a street access drive or driveway intersection.
(d)
The crossing must be provided with a clear sight triangle in accordance with Article
V of Chapter
235, Subdivision and Land Development.
(e)
Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by Article
V of Chapter
235, Subdivision and Land Development.
(f)
The golf cart path shall not exceed a slope of 8% within 25
feet of the cartway crossing.
(g)
Golf path crossings shall be signed warning motorists and pedestrians
and golfers. The surface of the golf path shall be brightly painted
with angle stripes.
(h)
Golf path crossings of collector or arterial streets shall consist
of a tunnel that is located below street grade. The golf course design
shall both prohibit on-grade crossing of collector or arterial streets
and require the use of the tunnel. The construction of the collector
or arterial roadway crossing of the tunnel shall comply with PennDOT
standards.
C. All golf course buildings shall be set back 75 feet from any abutting
roads and 100 feet from adjoining existing residential properties;
D. Golf courses may include the following accessory uses, provided such
uses are reasonably sized, and located so as to provide incidental
service to the golf course employees and users:
(1)
Clubhouse, which may consist of:
(a)
Restaurant (excluding drive-in), snack bar, lounge and banquet
facilities.
(e)
Golf cart and maintenance equipment storage and service facilities.
(f)
Guest lodging for those using the golf course, provided:
[1]
No lodging units have separate exterior means of ingress/egress.
[2]
All lodging units shall be contained within the main clubhouse.
[3]
Such guest lodging shall have a total occupancy of no more than
20 persons.
(g)
Fitness and health equipment, including workout machines, spas,
whirlpools, saunas, and steam rooms.
(h)
Game rooms, including card tables, billiards, ping-pong, and
other similar table games.
(i)
Babysitting rooms and connected fence-enclosed play lots.
(2)
Accessory recreation amenities located outside of a building,
including:
(a)
Driving range, provided the applicant shall furnish expert evidence
that all lighting has been arranged to prevent glare on adjoining
properties.
(d)
Tennis, platform tennis, handball, racquetball, squash, volleyball,
and badminton courts.
(e)
Boccie ball, croquet, shuffleboard, quoits, horseshoe pits,
and washers courses.
(f)
Picnic pavilions, picnic tables, park benches, and barbecue
pits.
(g)
Hiking, biking, horseback riding, and cross-country ski trails.
(h)
Playground equipment and play-lot games, including four square,
dodgeball, tetherball, and hopscotch.
(3)
Freestanding maintenance equipment, supply buildings and storage
yards.
E. All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
Greenhouses and nurseries are permitted as provided in Parts
4 and 5 subject to the following criteria:
A. The display and sale of items not grown on the premises shall be
incidental to the greenhouse/nursery operation. The display and sales
area for those items shall be limited to not more than 25% of the
total gross display and sales area on the property.
B. The display, sale and/or repair of power tools or motorized nursery,
lawn or garden equipment shall not be permitted.
Group homes are permitted as provided in Parts 4 and 5, subject
to the following criteria:
A. The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be used.
B. No extensions or modifications to the external appearance of the
building (except fire escapes) which would alter its residential character
shall be permitted.
C. All floors above grade shall have direct means of escape to ground
level.
D. The applicant shall obtain any required land development approvals.
E. All parking areas shall be set back a minimum of 25 feet from all property lines and shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
F. The applicant shall furnish all license and approvals from the applicable
state and/or federal government agencies.
Health and fitness clubs are permitted as provided in Part 4
subject to the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. All outdoor recreation facilities shall be set back at least 50 feet
from the street right-of-way line, and 25 feet from all other lot
lines.
C. Any accessory eating or retail use shall not be directly accessible
without passing through the main clubhouse building.
Heavy industrial uses are permitted as provided in Part 4 subject
to the following criteria:
A. The applicant shall provide a detailed description of the proposed
use in each of the following topics:
(1)
The nature of the on-site processing operations, the materials
used in the process, the products produced, and the generation and
methods for disposal of any by-products. In addition, the applicant
shall furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
(2)
The general scale of the operation in terms of its market area,
specific floor space requirements for each step of the industrial
process, the total number of employees on each shift, and an overall
needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including, but not limited to, those of §
270-87 of this chapter.
(4)
A traffic study shall be prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development.
B. All industrial uses shall be set back 150 feet from any property
in the Residential and Suburban Residential Zoning Districts or any
existing residential use.
Hospitals are permitted as provided in Part 4 subject to the
following criteria:
A. Minimum lot area shall be two acres.
B. Centralized sewer and centralized water utilities shall be utilized.
C. The subject property shall have frontage along an arterial, collector
road or access drive.
D. Maximum permitted height shall be 60 feet provided that each building
and/or structure shall be set back a horizontal distance from each
property line at least equal to its height. For buildings exceeding
35 feet, the applicant shall be required to submit expert evidence
that sufficient safeguards regarding fire protection and rescue are
in place.
E. Emergency entrances shall be located on a building wall oriented
away from any abutting property within the Residential and Suburban
Residential Zoning Districts or any existing, abutting residential
use.
F. The applicant shall demonstrate proof of an approved means of disposal
of all solid, medical, and hazardous wastes.
G. A traffic study shall be prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development.
H. A minimum of 40% of the total tract area shall be designated and
maintained as common open space.
Hotels are permitted as provided in Part 4 subject to the following
criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. All hotels shall be set back 50 feet from any property line in the
Residential and Suburban Residential Zoning Districts or any existing
residential use.
C. Access shall be via an arterial or collector street as defined in
the West Manheim Township Comprehensive Plan.
Indoor commercial recreation facilities are permitted as provided
in Part 4 subject to the following criteria:
A. All activities shall take place in a completely enclosed building.
B. The applicant shall present qualified expert testimony to establish
that sufficient soundproofing shall be provided to render sounds associated
with the normal operations of the indoor commercial recreation facility,
including music, inaudible when outside the building in which the
indoor commercial recreation facility is located.
C. All outdoor storage of maintenance equipment shall be set back at least 50 feet and shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
D. Centralized sewer and centralized water utilities shall be utilized.
Indoor shooting ranges are permitted as provided in Part 4 subject
to the following criteria:
A. A development plan shall identify the safety fan for each firing
range. The safety fan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The safety fan
configuration shall be based upon qualified expert testimony regarding
the trajectory of the bullet and the design effectiveness of berms,
overhead baffles, or other safety barriers to contain projectiles
to the safety fan.
B. The applicant shall present qualified expert testimony to establish
that sufficient soundproofing shall be provided to render the sound
of discharge of any firearm inaudible when outside the building in
which the indoor shooting range is located.
C. All operations shall be conducted in accordance with National Rifle
Association guidelines.
Junkyards are permitted as provided in Part 4 subject to the
following criteria:
A. Minimum lot area shall be two acres.
B. Any area used for this purpose shall be at least 75 feet from any
property line and 100 feet from any street right-of-way line.
C. The outdoor area devoted to the storage of junk shall be enclosed with a fence eight feet in height and shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
D. All completely enclosed buildings used to store junk shall be set
back at least 50 feet from all property lines.
E. No material may be stored or stacked so that it is visible from abutting
properties or adjoining street rights-of-way.
F. All additional federal and state laws shall be satisfied.
G. All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water, and with no junk
piled to a height greater than eight feet.
H. No material shall be burned at any time.
I. Junkyards shall be maintained in such a manner as to cause no public
or private nuisance, nor to cause any offensive or noxious sounds
or odors, nor to cause the breeding or harboring of rats, flies, or
other vectors.
J. No junkyard shall be located on land with a slope in excess of 5%.
K. All junkyards shall comply with any applicable West Manheim Township
Junkyard Ordinance.
L. All vehicles within the junkyard shall be completely drained of fuel,
lubricants, battery fluid, transmission fluid, brake fluids, coolants,
and air-conditioning fluids.
Kennels are permitted as provided in Parts 4 and 5 subject to
the following criteria:
A. Minimum lot area shall be two acres.
B. Any structure used for the boarding of horses and/or dogs shall be
set back at least 100 feet from any property line.
C. All structures where animals are kept shall be soundproofed in a
manner to prevent sound and odor from traveling outside, such as solid-core
doors, sound-absorbent ceilings and forced-air ventilation.
D. Animal pens and/or fencing for the containment of animals shall be
set back at least 25 feet from any property line and street right-of-way.
E. All parking compounds and unimproved overflow parking areas shall
be set back at least 10 feet from any abutting property lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking and/or movement
of vehicles across neighboring properties.
F. The applicant shall furnish evidence of an effective means of animal
waste disposal that shall be implemented.
G. All kennels shall be in accordance with the Pennsylvania Code and
all other applicable regulations. For kennels housing dogs, specific
reference is made to 7 Pa. Code Chapter 21, or latest revision, in
regards to adequate sizing of the facilities.
[Added 4-20-2010 by Ord. No. 2-2010]
Life-care communities are permitted as provided in Part 4 subject
to the following criteria:
A. The life-care community and accessory facilities shall be designed
and used to serve its residents and their guests only.
B. The life-care community shall be planned, developed, and operated
according to a unified plan under the direction of a single owner
or agent for the owner.
C. The maximum gross density within a life-care community shall not
exceed five dwelling units per acre. For the purposes of this section,
four beds for patient, resident and/or staff-person use provided within
a medical facility within the life-care community shall be deemed
the equivalent of one dwelling unit.
D. The life-care community may provide individual dwelling units in
any combination of single-family, two-family or multifamily dwellings
and shall include a community center in which an auditorium, activity
rooms, craft rooms, library, lounges, or similar recreational facilities
for members of the life-care community shall be included. Additional
facilities provided as part of the life-care community may include:
(2)
Medical facilities, including treatment, nursing and convalescent
facilities.
(3)
Office and retail service facilities designed and adequate to
serve only the members of the life-care community, including but not
necessarily limited to medical or dental clinic, pharmacy, retail
uses such as a gift shop, coffee shop, bank, and/or personal services
such as a barber- or beauty shop.
E. A minimum of 30% of the total tract area shall be designated and
maintained as common open space.
F. There shall be a minimum setback of 50 feet from all tract boundaries
in which no structures shall be located.
G. Centralized sewer and centralized water utilities shall be utilized.
Medical or dental clinics are permitted as provided in Part
4 subject to the following criteria:
A. Centralized water and centralized sewer shall be used.
B. Any accessory services, including laboratories and pharmacies for
the use of patients visiting medical practitioners in the clinic,
may be permitted as part of the clinic facility, subject to the following
specific conditions:
(1)
All entrances to parts of the building in which these accessory
services are provided shall be from within the building and shall
not be directly accessible without passing through the building.
(2)
The hours during which these services are provided shall be
the same as those during the regular operation of the principal medical
or dental clinic.
Methadone treatment facilities are permitted as provided in
Part 4 subject to the following criteria:
A. Centralized water and centralized sewer shall be used.
B. Notwithstanding any other provision of law to the contrary and except as provided in Subsection
B(1), a methadone treatment facility shall not be established or operated within 500 feet of a principal structure used for an existing school, public playground, public park, residential housing area, child-care facility, church (place of worship), meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(1)
The provisions of this section shall apply whether or not an
occupancy permit or certificate of use has been issued to the owner
or operator of a methadone treatment facility for a location that
is within 500 feet of a principal structure used for an existing school,
public playground, public park, residential housing area, child-care
facility, church (place of worship), meetinghouse or other actual
place of regularly stated religious worship established prior to the
proposed methadone treatment facility.
C. Notwithstanding Subsection
B, a methadone treatment facility may be established and operated closer than 500 feet to a principal structure used for an existing school, public playground, public park, residential housing area, child-care facility, place of worship, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the Zoning Hearing Board for the municipality in which the proposed methadone treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate. Prior to the Zoning Hearing Board voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church (place of worship), meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.
D. This section shall not apply to a methadone treatment facility that
is licensed by the Pennsylvania State Department of Health prior to
May 15, 1999.
Mineral extraction or recovery operations are permitted as provided
in Part 5 subject to the following criteria:
A. General. Quarry operations:
(1)
May not substantially injure or detract from the lawful existing
or permitted use of neighboring properties.
(2)
Must demonstrate compliance with a water and sewer feasibility study in accordance with the provisions of Article
IV of Chapter
235, Subdivision and Land Development.
(3)
May not adversely affect the local, efficient and economical
extensions of public services, facilities and utilities throughout
the Township.
(4)
May not create any significant damage to the health, safety,
or welfare of the Township and its residents and property owners.
(5)
May not result in the land area subject to quarrying being placed
in a condition that will prevent the use of that land for economically
and ecologically productive uses upon completion of the quarry operation.
(6)
Must demonstrate compliance with all applicable state regulations
at all times.
B. Site plan requirements. As a part of each application, the applicant
shall furnish an accurately surveyed site plan on a scale no less
than 1:2,400 showing the location of the tract or tracts of land to
be affected by the operation. The surveyed site plan shall be certified
by a registered professional engineer or a registered professional
land surveyor with assistance from experts in related fields and shall
include the following:
(1)
The boundaries of the proposed land affected, together with
the drainage area above and below the area.
(2)
The location and names of all streams, roads, railroads, and
utility lines on or immediately adjacent to the area.
(3)
The location of all buildings within 1,000 feet of the outer
perimeter, of the area affected, and the names and addresses of the
owners and present occupants;
(4)
The purpose for which each building is used.
(5)
The name of the owner of the affected area and the names of
adjacent landowners, the municipality, and the county.
C. Minimum lot area. The minimum lot area will be 10 acres.
D. Screening and buffering. A fence measuring at least eight feet in height must enclose the area of actual quarrying. All fencing shall be provided with buffering, landscaping, screening in accordance with Part
10 of this chapter.
E. Setback. The following table identifies minimum setbacks imposed
upon specific features of the quarry and other extractive-related
uses from abutting and/or adjacent uses:
Quarry-Related Feature
|
Existing Residential Use
(feet)
|
Existing Non-residential Building
(feet)
|
Residentially Zoned District
(feet)
|
Adjoining Road
(feet)
|
Public/ Nonprofit Park
(feet)
|
Cemetery or Stream Bank
(feet)
|
Abutting Property
(feet)
|
---|
Stockpiles or spoil piles
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
Mineral processing equipment (e.g., rushers, sorters,
conveyors, dryers, etc.)
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
Quarry pit
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
On-site access roads and off-street parking, loading
and vehicle storage and weighing facilities
|
300
|
300
|
500
|
100
|
300
|
100
|
100
|
Other operational equipment, structures and/or improvements
|
300
|
300
|
500
|
100
|
300
|
100
|
|
F. Access. Vehicular access shall be so arranged as to minimize danger
and congestion along adjoining roads and to avoid the creation of
nuisances to adjacent or abutting properties.
(1)
All access drives shall be designed and located in accordance with Article
XXII of this chapter and Article
V of Chapter
235, Subdivision and Land Development.
(2)
All access drives serving the site shall have a paved minimum
thirty-two-foot-wide cartway for a distance of at least 200 feet from
the intersecting street right-of-way line. In addition, a fifty-foot-long
gravel section of access drive should be placed just beyond the preceding
two-hundred-foot paved section to help collect any mud that may have
attached to a vehicle's wheels.
(3)
In general, access drives shall intersect public streets at
90° as site conditions permit; however, in no case shall access
drives intersect public streets at less than 70°. Said angle shall
be measured from the center line of the street to the center line
of the access drive.
G. Traffic impact. The applicant shall provide a traffic study prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development.
H. Reclamation. The applicant shall demonstrate compliance with Section
7(c) of Pennsylvania Act No. 1984-219, as may be amended. The applicant shall provide a detailed description of
the proposed use of the site, once reclamation has been completed,
including a description of any zoning and/or subdivision approvals
or remedies that would be necessary to accommodate the proposed use.
Finally, the applicant shall provide written notification to the Township
within 30 days, whenever a change in the reclamation plan is proposed
to the PA DEP.
I. Operation progress report. Within 90 days after commencement of surface
mining operations, and each year thereafter, the operator shall file
an operations and progress report with the Zoning Officer setting
forth all of the following:
(1)
The name or number of the operation.
(2)
The location of the operation with reference to the nearest
public road.
(3)
A description of the tract or tracts, including a site plan
showing the location of all improvements, stockpile, quarry pits,
etc.
(4)
The name and address of the landowner or his duly authorized
representative.
(5)
An annual report of the type and quantity of mineral produced.
(6)
The current status of the reclamation work performed in pursuance
of the approved reclamation plan.
(7)
A maintenance report for the site that verifies that all required
fencing, berming and screening has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance has been performed.
(8)
Verification that the proposed use continues to comply with
all applicable state regulations. The operation shall furnish copies
of any approved permits and/or any notices of violation issued by
the PA DEP.
Mini storage/self-storage facilities are permitted as provided
in Part 4 subject to the following criteria:
A. Parking shall be provided by parking/driving aisles adjacent to the
buildings. These aisles shall be at least 26 feet wide when cubicles
open onto one side of the lane only, and at least 30 feet wide when
cubicles open onto both sides of the lane.
B. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area shall be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter, and is located behind the required minimum front setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles.
C. All storage shall be kept within an enclosed building except that
the storage of flammable, highly combustible, explosive or hazardous
chemicals shall be prohibited. Any fuel tanks and/or machinery or
other apparatuses relying upon such fuels shall be stored only in
an external storage area as described above.
D. An on-site manager shall be required to be on the site on a full-time
basis 40 hours/week and shall be responsible for maintaining the operation
of the facility in conformance with the conditions of approval and
all applicable ordinances. Any dwelling for a resident manager shall
comply with all of those requirements listed for dwellings within
the Suburban Residential Zoning Districts, and shall be entitled to
all residential accessory uses provided in this chapter.
E. Because of the danger from fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, paint, paint remover, and other
flammable materials, the repair, construction, or reconstruction of
any boat, engine, motor vehicle, or furniture is prohibited.
F. Door openings for any mini storage/self-storage unit shall be constructed
and oriented away from any abutting property within the Residential
and Suburban Residential Zoning Districts or any existing, abutting
residential use.
G. Prohibited uses.
(1)
Mini storage/self-storage facilities shall be used solely for
the dead storage of property. The following lists examples of uses
expressly prohibited upon the site:
(a)
Auctions, commercial wholesale or retail sales, 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)
The establishment of a transfer and storage business.
(e)
Any use that is noxious or offensive because of odors, dust,
noise, fumes, or vibrations.
(2)
The applicant shall adequately demonstrate that all mini storage/self-storage
rental and/or use contracts shall specifically prohibit these uses.
Mobile home parks are permitted as provided in Part 4 subject
to the following criteria:
A. All mobile home parks shall be served by centralized water and centralized
sewer utilities.
B. Maximum density in a mobile home park shall be five units per acre.
C. All mobile home lots or areas shall contain at least 5,000 square
feet.
D. Each mobile home lot shall have a minimum front yard of 30 feet,
rear yard of 25 feet, and two side yards of 10 feet each. (These setbacks
shall also apply to the mobile home park office, service, utility,
or other buildings.)
E. Each mobile home shall be erected and connected to utilities according
to the most recent version of the West Manheim Township Building Code.
F. Each mobile home shall be provided with a minimum of two paved parking
spaces containing at least 360 square feet of bituminous or concrete
surface, which shall be located on the mobile home lot. If on-street
parking is not provided, one additional off-street parking space per
unit shall be provided in a common visitor parking compound. Such
visitor parking lots shall be sized, arranged, and located so that
the spaces are within 300 feet walking distance to any unit served.
Access to all parking spaces shall be limited to interior roads of
the mobile home park; in no case shall access to such parking spaces
be provided from adjoining public roads.
G. Interior mobile home park roads with no on-street parking shall be designed and constructed in accordance with Article
V of Chapter
235, Subdivision and Land Development. An additional width of 10 feet shall be provided for each lane of on-street parking.
H. Individual mobile homeowners may install accessory or storage sheds,
extensions and additions to mobile homes, and exterior patio areas.
Any such facilities so installed shall not intrude into any required
front, side, or rear yard, and, in every case, shall substantially
conform in style, quality, and color to the existing mobile homes.
I. There shall be a minimum of 25% of the gross acreage of the mobile
home park devoted to active and/or passive common recreational facilities.
Responsibility for maintenance of the recreational areas shall be
with the landowner and/or the operator. Should the landowner and/or
the operator neglect to maintain the designated recreational areas,
as depicted on the plan, the Township may then maintain said areas
and assess the landowner for any costs incurred.
J. All mobile home parks shall conform to Article
VII, Mobile Home Parks, of Chapter
235, Subdivision and Land Development, and any other applicable West Manheim Township ordinances.
Motels are permitted as provided in Part 4 subject to the following
criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. All motels shall be set back 50 feet from any property line in the
Residential and Suburban Residential Zoning Districts or any existing
residential use.
C. Access shall be provided via an arterial or collector street as defined
in the West Manheim Township Comprehensive Plan.
Night clubs and taverns are permitted as provided in Part 4
subject to the following criteria:
A. Centralized water and centralized sewer shall be used.
B. No part of the subject property shall be located within 300 feet
of any existing principal structure within the Residential and Suburban
Residential Zoning Districts or existing residential use.
C. The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of abutting properties due to hours
of operation.
D. The applicant shall furnish expert evidence as to how the use will
be controlled so as to not constitute a nuisance due to noise or loitering
outside the building.
E. The applicant shall present qualified expert testimony to establish
that sufficient soundproofing shall be provided to render sounds associated
with the normal operations of the nightclub and/or tavern, including
music, inaudible when outside the building in which the nightclub
and/or tavern is located.
Nursing, rest or retirement homes are permitted as provided
in Part 4 subject to the following criteria:
A. Centralized water and centralized sewer shall be used.
B. No more than seven occupants per acre shall be permitted, excluding
the staff of the facility.
C. A minimum of 45% of the total tract area shall be designated and maintained as common open space in accordance with the requirements of §
270-74 of this chapter.
Offices are permitted as provided in Part 4 subject to the following
criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. At least 10% of the lot on which the facility is situated must be
devoted to natural landscaping.
C. Access shall be restricted as follows:
(1)
Entrance onto an arterial road shall be 100 feet from any intersecting
right-of-way line.
(2)
Entrance onto collector and minor roads shall be 75 feet from
any intersecting right-of-way line.
(3)
Multiple driveways accessing an arterial road shall have a minimum
center-line separation of 100 feet.
(4)
Multiple driveways accessing a collector or minor road shall
have a minimum center-line separation of 75 feet.
D. Business activity shall not be conducted outside a building.
E. Loading facilities shall not be permitted in the area between the
building setback line and street right-of-way.
F. Operations shall not be permitted which constitute a danger or nuisance
to the community.
Outdoor commercial recreation facilities are permitted as provided
in Parts 4 and 5 subject to the following criteria:
A. A buffer yard of 50 feet shall be provided between the facility and the street right-of-way line. Level 2 screening shall be provided in accordance with Article
XXV, Screening, of this chapter.
B. A buffer yard of 50 feet shall be provided between the facility and any abutting residential uses or zoning districts. Level 3 screening shall be provided in accordance with Article
XXV, Screening, of this chapter.
C. The site and/or individual tracks shall be fenced to prevent unauthorized
entrance and accidental exit of vehicles.
D. The facility shall be operated only between the hours of 8:00 a.m.
and 11:00 p.m.
Outdoor shooting ranges are permitted as provided in Part 5
subject to the following criteria:
A. A development plan shall identify the safety fan for each firing
range. The safety fan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The safety fan
configuration shall be based upon qualified expert testimony regarding
the trajectory of the bullet and the design effectiveness of berms,
overhead baffles, or other safety barriers to contain projectiles
to the safety fan.
B. The firing range, including the entire safety fan, shall be enclosed
with a six-foot-high, nonclimbable fence to prevent unauthorized entry
into the area. Range caution signs with eight-inch-tall, red letters
on a white background shall be posted at maximum fifty-foot intervals
around the range perimeter. Signs shall read "SHOOTING RANGE AREA,
KEEP OUT!"
C. The firing range shall also be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
D. All surfaces located within the safety fan, including the backstop,
overhead baffles, berms and range floor, shall be free of hardened
surfaces, such as rocks or other ricochet-producing materials.
E. The applicant shall present credible evidence that the sound of shooting
to the nearest property containing an existing residential use does
not exceed the ambient noise level.
F. The range boundaries must be set back at least 500 feet from any
property line or street right-of-way line, and also located at least
1,000 yards from any land within the Residential and Suburban Residential
Zoning Districts. The range boundaries shall be determined as a one-hundred-fifty-yard
radius from each of the stands.
G. The facility shall be operated only between the hours of 9:00 a.m.
and 6:00 p.m.
H. All operations shall be conducted in accordance with National Rifle
Association guidelines.
Personal service businesses are permitted as provided in Part
4 subject to the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. At least 5% of the lot on which the facility is situated must be
devoted to natural landscaping.
C. Business activity shall not be conducted outside a building.
Places of worship are permitted as provided in Parts 4 and 5
subject to the following criteria:
A. All places of worship with sanctuary seating capacity of 250 or more
persons shall front and have access to an arterial or collector road.
B. Minimum required side setbacks shall be 40 feet on both sides.
C. Place-of-worship-related residences:
(1)
Residential uses accessory to, and located upon, the same lot
or abutting the lot containing a place of worship are permitted if
such residential uses are permitted in the zoning district within
which the place of worship is proposed.
(2)
All residential uses shall be governed by the specific dimensional
criteria for other residential uses in the zoning district where the
site is located, except that any number of members associated with
the place of worship may share group quarters.
D. Place-of-worship-related educational and/or day-care facilities.
(1)
All education and/or day-care uses shall be accessory, and located
upon the same lot as the place of worship.
(2)
If education and/or day care is offered below the college level, an outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and screening and buffering shall be in compliance with Part
10 of this chapter, but vegetative materials located within the outdoor play areas shall be of a nonharmful type (plants that are not poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
(3)
Enrollment shall be defined as the largest number of students
and/or children under day-care supervision at any one time during
a seven-day period.
(4)
Passenger "dropoff" and "pickup" areas shall be provided on
site and arranged so that the passengers do not have to cross traffic
lanes on or adjacent to the site.
E. Place-of-worship-related cemeteries.
(1)
All burial plots or structures shall be located at least 25
feet from any property line, street right-of-way line and/or easement.
(2)
Assurances must be provided that water supplies of surrounding
properties will not be contaminated by burial activity within the
proposed cemetery.
(3)
No burial plots or facilities shall be permitted in the Floodplain
Protection Overlay.
Apartment residential conversions are permitted as provided
in Part 4, subject to the following criteria:
A. The building must have been constructed prior to the effective date
of this chapter.
B. Each dwelling unit within the building shall meet the minimum required habitable floor area for multifamily dwellings set forth in §
270-86 of this chapter.
C. The converted building shall comply with the requirements of the
most recent version of the West Manheim Township Building Code, prior to the issuance of any occupancy and/or use certificates.
D. The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized.
E. All floors above grade shall have direct means of escape to ground
level.
F. The applicant shall obtain any required land development approvals.
Two-family residential conversions are permitted as provided
in Part 4, subject to the following criteria:
A. The structure must be a single-family detached dwelling that existed
on the effective date of this chapter.
B. At least one of the dwelling units shall be owner-occupied.
C. The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized.
D. No extensions or modifications to the external appearance of the
building (except fire escapes) that would alter its residential character
shall be permitted.
E. All floors above grade shall have direct means of escape to ground
level.
F. The applicant shall obtain any required land development approvals.
Restaurants are permitted as provided in Part 4 subject to the
following criteria:
The applicant shall demonstrate that adequate water supply and
sewage disposal can be provided.
A. Where cafes are provided, exterior trash receptacles shall be provided
and routinely emptied so as to prevent the scattering of litter. The
applicant shall present and implement a plan for control and cleanup
of litter.
B. Adequate provision for the collection and disposal of greases shall
be demonstrated.
C. Access shall be provided via an arterial or collector street as defined
by the West Manheim Township Comprehensive Plan.
Drive-through restaurants are permitted as provided in Part
4 subject to the following criteria:
A. The applicant shall demonstrate that adequate water supply and sewage
disposal can be provided.
B. Exterior trash receptacles shall be provided and routinely emptied
so as to prevent the scattering of litter. The applicant shall present
and implement a plan for control and cleanup of litter.
C. An exterior speaker/microphone system shall be oriented away from
and/or screened to prevent objectionable noise impact on abutting
properties.
D. All cafe seating shall be completely enclosed by a minimum three-foot-high fence and provided with landscaping in accordance with Article
XXIV, Landscaping, of this chapter.
E. Each drive-through lane shall have minimum of 100 feet of on-site
stacking preceding the order location.
F. Adequate provision for the collection and disposal of greases shall
be demonstrated.
G. Access shall be provided via an arterial or collector street as defined
by the West Manheim Township Comprehensive Plan.
Fast-food restaurants are permitted as provided in Part 4 subject
to the following criteria:
A. The applicant shall demonstrate that adequate water supply and sewage
disposal can be provided.
B. Exterior trash receptacles shall be provided and routinely emptied
so as to prevent the scattering of litter. The applicant shall present
and implement a plan for control and cleanup of litter.
C. An exterior speaker/microphone system shall be oriented away from
and/or screened to prevent objectionable noise impact on abutting
properties.
D. All cafe seating shall be completely enclosed by a minimum three-foot-high fence and provided with landscaping in accordance with Article
XXIV, Landscaping, of this chapter.
E. Outdoor play areas shall be completely enclosed by a minimum six-foot-high
fence.
F. Any accessory drive-through lane shall have minimum of 200 feet of
on-site stacking preceding the order location.
G. Adequate provision for the collection and disposal of greases shall
be demonstrated.
H. Access shall be provided via an arterial or collector street as defined
by the West Manheim Township Comprehensive Plan.
Retail stores and shops are permitted as provided in Part 4
subject to the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. At least 5% of the lot on which the facility is situated must be
devoted to natural landscaping.
C. No outdoor stockpiling of trash is permitted. An area enclosed by
a wall, fence with a self-latching door or gate and screened from
view of adjoining properties shall be provided whenever outdoor storage
is required. No materials may be stored so as to create a fire hazard.
D. Business activity shall not be conducted outside a building.
Riding stables are permitted as provided in Part 5 subject to
the following criteria:
A. Minimum lot area shall be five acres.
B. Any structure used for the boarding of horses shall be in accordance
with the minimum building setbacks established in the underlying zoning
district.
C. All stables shall be maintained so to minimize odors perceptible
at the property line.
D. All outdoor training, show, riding, boarding, running or pasture
areas shall be enclosed by a minimum four-foot-high fence, which is
located at least 25 feet from all property lines.
E. All parking lots and unimproved overflow parking areas shall be set
back at least 10 feet from abutting property lines. Unimproved overflow
parking areas shall also provide a fence delineating such occasional
parking facilities and preventing the parking and/or movement of vehicles
across abutting and adjacent properties.
F. The applicant shall furnish evidence of an effective means of animal
waste disposal which shall be implemented.
Sawmills are permitted as provided in Parts 4 and 5 subject
to the following criteria:
A. All cutting, sawing, grinding, or other processing shall be conducted
within a completely enclosed building.
B. No materials shall be deposited or stored, and no building or structure
shall be located within 200 feet of any property line.
C. Any external area used for the unloading/loading, transfer, storage or deposition of material must be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
D. All facilities shall provide sufficiently long stacking lanes into
the facility, so that vehicles waiting will not have to back up onto
public roads.
E. All access drives shall be designed and located in accordance with Article
V of Chapter
235, Subdivision and Land Development.
F. All access drives serving the site shall have a paved minimum thirty-two-foot
wide cartway for a distance of at least 200 feet from the intersecting
street right-of-way line. In addition, a fifty-foot-long gravel section
of access drive should be placed just beyond the preceding two-hundred-foot
paved section to help collect any mud that may have attached to a
vehicle's wheels. The owner and/or operator shall be responsible for
removing any mud from public roads caused by persons traveling from
the site.
G. In general, access drives shall intersect public streets at 90°
as site conditions permit; however, in no case shall access drives
intersect public streets at less than 70°. Said angle shall be
measured from the center line of the street to the center line of
the access drive.
Commercial schools are permitted as provided in Part 4 subject
to the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. Any maintenance, repair, rebuilding, testing, or construction of
mechanical devices shall be conducted within a completely enclosed
building.
C. All ventilation outlets shall be located at least 100 feet and shall
be oriented away from any abutting property within the Residential
and Suburban Residential Zoning Districts or any existing, abutting
residential use.
D. All exterior storage and/or display areas must be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter. All exterior storage/display areas must be set back at least 35 feet from adjoining street rights-of-way and must be covered in an all-weather, dust-free surface.
E. Except in the Commercial/Industrial Zoning District:
(1)
No outdoor storage of parts, equipment, lubricants, fuel or
other materials used or discarded as part of the operation shall be
permitted.
(2)
The outdoor storage of inoperable vehicles, boats, machinery,
trucks, trailers, mobile homes and heavy equipment vehicles on the
property is prohibited.
Public and private schools are permitted as provided in Part
4 subject to the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. All off-street parking lots shall be set back 25 feet and provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
C. All buildings shall be set back at least 100 feet from any abutting
property within the Residential and Suburban Residential Zoning Districts
or existing residential use.
D. Passenger "dropoff" and "pickup" areas shall be provided on site
and arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
Vocational-mechanical trade schools are permitted as provided
in Parts 4 and 5 subject to the following criteria:
A. Centralized sewer and centralized water utilities shall be utilized.
B. Any maintenance, repair, rebuilding, testing, or construction of
mechanical devices shall be conducted within a completely enclosed
building.
C. All ventilation outlets shall be located at least 100 feet and shall
be oriented away from any abutting property within the Residential
and Suburban Residential Zoning Districts or any existing, abutting
residential use.
D. All exterior storage and/or display areas must be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter. All exterior storage/display areas much be set back at least 35 feet from adjoining street rights-of-way and must be covered in an all-weather, dust-free surface.
E. Except in the Commercial/Industrial Zoning District:
(1)
No outdoor storage of parts, equipment, lubricants, fuel or
other materials used or discarded as part of the operation shall be
permitted.
(2)
The outdoor storage of inoperable vehicles, boats, machinery,
trucks, trailers, mobile homes and heavy equipment vehicles on the
property is prohibited.
Shopping centers are permitted as provided in Part 4 subject
to the following criteria:
A. The subject property shall front on an arterial or collector road,
and all access drives shall be set back at least 200 feet from the
intersection of any street rights-of-way.
B. Minimum lot width shall be 200 feet.
C. Both centralized sewer and centralized water utilities shall be utilized.
D. Maximum lot coverage shall be 75%.
E. A traffic study shall be prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development.
F. The shopping center shall be permitted to erect planned center signs in accordance with Part
8. At least 50% of the total sign area shall be devoted to advertisement of the shopping center's name. In addition, individual uses within the shopping center may have signs; however, such signs shall be flat wall, wall-projecting, or roof signs as described in Part
8 of this chapter.
Solid waste disposal and processing facilities are permitted
as provided in Part 4 subject to the following criteria:
A. Any processing of solid waste (including but not limited to incineration,
composting, shredding, compaction, material separation, refuse-derived
fuel, pyrolysis, etc.) shall be conducted within a completely enclosed
building.
B. No refuse shall be deposited or stored, and no building or structure
shall be located, within 250 feet of any property line.
C. Any external area used for the unloading/loading, transfer, storage or deposition of material must be provided with buffering, landscaping and screening in accordance with Part
10 of this chapter.
D. The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
E. All facilities shall provide sufficiently long stacking lanes into
the facility, so that vehicles waiting will not have to back up onto
public roads.
F. All access drives shall be designed and located in accordance with Article
V of Chapter
235, Subdivision and Land Development.
G. All access drives serving the site shall have a paved minimum thirty-two-foot-wide
cartway for a distance of at least 200 feet from the intersecting
street right-of-way line. In addition, a fifty-foot-long gravel section
of access drive should be placed just beyond the preceding two-hundred-foot
paved section to help collect any mud that may have attached to a
vehicle's wheels. The owner and/or operator shall be responsible for
removing any mud from public roads caused by persons traveling from
the site.
H. In general, access drives shall intersect public streets at 90°
as site conditions permit; however, in no case shall access drives
intersect public streets at less than 70°. Said angle shall be
measured from the center line of the street to the center line of
the access drive.
I. Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against the indiscriminate
and unauthorized dumping, all areas of the site shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
J. Hazardous waste, as defined in the Code of Federal Regulations, Title
40, Chapter I, Part 261, or as amended, shall not be disposed of within
the proposed area.
K. 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.
L. The unloading, processing, transfer, and deposition of solid waste
shall be continuously supervised by a qualified facility operator.
M. Any waste that cannot be used in any disposal process, or material
that is to be recycled, shall be stored in leakproof 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.
N. All storage of solid waste shall be indoors in a manner that is leakproof
and vector-proof. During normal operation, no more solid waste shall
be stored on the property than is needed to keep the facility in constant
operation, but, in no event, for more than 72 hours.
O. A contingency plan for the disposal of solid waste during a facility
shutdown shall be submitted to the Township.
P. Leachate from the solid waste shall be disposed of in a manner in
compliance with any applicable state and federal laws or regulations.
If leachate is to be discharged to a municipal sewage facility, pretreatment
shall be required and appropriate permits shall be obtained from the
applicable agencies and authorities. In no event shall leachate be
disposed of in a storm sewer, to the ground, or in any other manner
inconsistent with the PA DEP regulations.
Q. All structures shall be set back at least a distance equal to their
height; however, in no case shall the setback be less than the minimum
building setback established by the underlying zoning district.
R. A water supply and sewer feasibility report shall be prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development, to demonstrate that sufficient water resources are available to serve the proposal.
S. The applicant shall submit a traffic study prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development.
T. A minimum fifty-foot wide buffer yard shall be located along all property lines and provided with Level 3 screening in accordance with Article
XXV, Screening, of this chapter.
U. Any sanitary landfill must be owned and operated by a municipality
or its authority.
Veterinarian offices are permitted as provided in Parts 4 and
5 subject to the following criteria:
A. At least 5% of the lot on which the facility is situated must be
devoted to natural landscaping.
Warehousing and wholesale trade establishments are permitted
as provided in Part 4 subject to the following criteria:
A. The applicant shall provide a detailed description of the proposed
use in each of the following topics:
(1)
The nature of the on-site activities and operations, the types
of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
(2)
The general scale of the operation, in terms of its market area,
specific floor space requirements for each activity, the total number
of employees on each shift and an overall needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in §
270-87 of this chapter.
(4)
The applicant shall submit a traffic study prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development.
Wholesale sales, storage and auctions of automobiles, trucks,
buses, and other heavy equipment are permitted as provided in Part
4 subject to the following criteria:
A. The subject property shall front along and have vehicular access
to an arterial or collector road.
B. All exterior areas used for the storage of automobiles shall be completely enclosed by a minimum six-foot-high fence and provided with buffering, landscaping, screening in accordance with Part
10 of this chapter.
C. Access drives shall be governed by Article
V of Chapter
235, Subdivision and Land Development, for a distance of 200 feet from the edge of the street right-of-way. Beyond this, all areas used for vehicle access or storage shall be governed by Part
9 of this chapter. However, all storage areas shall include a nonpaved all-weather, dust-free surface.
D. Vehicles may be stored in a stacked configuration, maximum six feet
high. However, no vehicles shall be located more than 100 feet from
a minimum twenty-foot-wide on-site access drive.
E. Neither part of the subject property shall be within 150 feet of
any residentially zoned land, nor shall it be within 1,000 feet of
another similar facility.
F. The applicant shall be required to provide sufficient off-street
parking and loading so as not to require such parking or loading on
or along any road, nor upon abutting property. If, at any time after
the opening of the facility, the Township determines that parking,
loading or traffic backups are occurring on adjoining roads, and such
are directly related to the lack of on-site facilities on the subject
property, the Township can require the applicant to revise and/or
provide additional on-site parking and/or loading space. In addition,
the Township may require an unimproved grassed overflow parking area
to be provided for peak use periods. Such overflow parking areas shall
be accessible only from the interior driveways of the permanent parking
lot. Overflow parking areas shall contain fencing to prevent vehicles
from crossing abutting and adjacent properties or directly accessing
adjoining roads.
G. The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of abutting properties due to hours
of operation, noise, light, litter, dust and pollution.
H. All service and/or repair activities shall be conducted within a
completely enclosed building.
I. Any ventilation equipment outlets associated with the service/repair
work area(s) shall be oriented away from any abutting property within
the Residential and Suburban Residential Zoning Districts or any existing,
abutting residential use.
J. No outdoor storage of parts, equipment, lubricants, fuel or other
materials used or discarded, as part of the service or repair operation,
shall be permitted.
K. The demolition or junking of vehicles, trailers, boats and other
machinery is prohibited.
L. The applicant shall furnish evidence that the disposal of all materials
will be accomplished in a manner that complies with all applicable
state and federal regulations.
M. Any outdoor public address system and lighting shall be designed
and arranged so as not to adversely affect abutting properties and
adjacent roads.
N. The applicant shall submit a traffic study prepared in accordance with Article
IV of Chapter
235, Subdivision and Land Development.