[Ord. 146, 1/10/2008]
1.
Applications for conditional uses, when listed as permissible by
this chapter shall be approved or denied by the Board of Supervisors
in accordance with the standards and criteria of this Part.
2.
Conditional uses are unique and their effect on the surrounding environment
cannot be determined in advance of the use being proposed for a particular
location. At the time of application, a review of the location, design,
configuration, and potential impact of the proposed use shall be conducted
by the Planning Commission by comparing the use to established development
standards and design guidelines. This review shall determine whether
the proposed use addresses the general and specific standards and
criteria identified in this chapter and whether it should be permitted,
by weighing the public need for, and the benefit to be derived from,
the use, against the impact which it may cause.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 5;
and by Ord. 173, 8/5/2014, § 21]
1.
Application Procedure.
A.
An application for conditional use approval shall be filed with the
Zoning Officer, on forms prescribed by the Township, at least 25 days
prior to the date of the regular meeting of the Planning Commission.
A conditional use application shall not be considered to be administratively
complete until all items required by this chapter, including the application
fee and/or deposit, have been received by the Township.
B.
The Zoning Officer shall review the application to determine whether
all materials required by this chapter have been submitted by the
applicant. If all such materials have not been submitted by the applicant,
then the Zoning Officer shall reject the application as administratively
incomplete and shall notify the applicant, in writing, citing the
specific deficiencies and the specific requirements of this chapter
that have not been met and returning the applicant's application fee
and deposit.
C.
Within five days of receipt of an administratively complete application,
the Zoning Officer shall submit one copy of the application and any
materials submitted therewith to: the Township Solicitor; the Township
Engineer; any Township professional consultant deemed necessary by
the Township Secretary.
D.
The Zoning Officer shall submit one copy of an administratively complete
application and any materials submitted therewith to each member of
the Township Planning Commission by no later than the Friday prior
to the date of the regular meeting of the Planning Commission.
E.
Any revisions, supplements or other amendments to an administratively
complete application shall be filed with the Zoning Officer; provided,
that the Township shall have at least 14 days to review these revisions,
supplements or other amendments prior to a Planning Commission and/or
Board of Supervisors meeting.
F.
The Planning Commission shall review the application and forward
its recommendation to the Township Board of Supervisors.
G.
The Board of Supervisors shall hold a public hearing, pursuant to
public notice, within the time periods and procedures required by
the MPC. The public hearing shall commence within 60 days of the date
of the filing of an administratively complete application. Public
hearings shall be conducted and held in accordance with the applicable
provisions of the MPC.
H.
The Board of Supervisors shall render a written decision on the conditional
use application within 45 days of the last hearing. Where the application
is contested or denied, the Board of Supervisors decision shall be
accompanied by findings of fact and conclusions based thereon, together
with any reasons therefor. Conclusions based on any provisions of
this chapter or any other rule, regulation, ordinance or statute shall
contain a reference to the provision relied upon and the reasons why
the conclusion is deemed appropriate in light of the facts found.
I.
In granting a conditional use pursuant to this chapter, the Township Board of Supervisors may impose any reasonable conditions it believes are, necessary to ensure compliance with this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Frazer Township Code of Ordinances, as amended, and all other ordinances of the Township, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.
J.
A copy of the final decision or, where no decision is called for,
of the findings, shall be delivered to the applicant personally or
mailed to him not later than the day following its date.
K.
All development, construction and use shall be in accordance with
the approved conditional use decision and plan, unless a revised conditional
use application is submitted and approved. The approved conditional
use plan shall consist of the application, as submitted, together
with all of its attachments and exhibits, as finally approved by the
Board of Supervisors, and the conditions attached by the Board of
Supervisors. Any development contrary to the approved conditional
use decision and plan shall constitute a violation of this chapter.
2.
Application Content.
A.
All applications for conditional use approval shall demonstrate compliance
with the general standards and criteria of this Part; the applicable
express standards and criteria of this Part; and the applicable lot
and yard requirements of the zoning district in which the use is proposed.
B.
All applications for conditional use approval shall be submitted
to the Zoning Officer, in the form prescribed from time to time by
the Township, with not fewer than:
(1)
Three full scale copies and 15 half-scale copies of all required
plans, maps and drawings.
(2)
Fifteen copies of all other application materials.
|
An application for conditional use approval shall not be considered
administratively complete until all items required by this chapter,
including the application fee and/or deposit, have been received by
the Zoning Officer.
|
C.
All applications for conditional use approval shall contain the following:
(1)
A development plan, as defined by this chapter.
(2)
A legal document verifying applicant's legal interest in the
subject property (i.e., deed, sales agreement, lease).
(3)
The application fee and/or deposit in an amount set from time
to time by resolution of the Board of Supervisors.
(4)
Construction plans, where renovations or modifications of an
existing building is immediately contemplated, showing the scope,
nature and extent of said renovation or modification.
3.
Expiration of Approval. The grant of a conditional use shall expire
one year after the date of the Board of Supervisors written decision
unless: (A) the applicant has applied for and obtained a building
permit and commenced construction; or (B) in a case where the conditional
use does not require the issuance of a building permit, the applicant
has applied for and obtained an occupancy permit and has commenced
the use which is the subject of the conditional use approval. Expiration
of the conditional use approval under this section shall require the
applicant to re-apply for conditional use approval.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, § 22]
1.
General Standards and Criteria. The proposed use, development, or
request shall comply with the following general standards and criteria,
which are in addition to any other requirements in this chapter for
a specific type of use, development, or request:
A.
The proposed use will not alter the established character and use
of the neighborhood or district in which it is located, and will not
substantially impair the use or development of adjacent properties.
B.
The establishment, maintenance, location and operation of the proposed
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
C.
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable Federal, State, County, and Township laws, statutes, ordinances and regulations including, but not limited to, the Subdivision and Land Development Ordinance [Chapter 22]; the Stormwater Management Ordinance [Chapter 26, Part 1]; and the Frazer Township Code of Ordinances, as amended.
D.
The proposed use is compatible with surrounding land uses. It does
not have a negative impact on the existing neighborhood or development
in terms of air and water quality, noise, illumination and glare,
restrictions to natural light and air circulation or other hazardous
conditions that could endanger surrounding residents or impair the
use of surrounding properties.
E.
The proposed site of the conditional use is suitable in terms of
topography, soil conditions and size, based on number of projected
users and the frequency of use of the proposed use.
F.
The proposed use and site provides for safe, adequate vehicular and
pedestrian access. It has access from a street capable of handling
the traffic generated by the proposed use, and it will not result
in undue traffic congestion and hazardous conditions on adjacent streets.
The use provides for safe and efficient internal circulation and sufficient
off-street parking and loading.
G.
The proposed use complies with all applicable standards and requirements
for providing sanitary sewage disposal, water supply, stormwater management,
solid and toxic waste storage and disposal.
H.
The proposed use provides landscaping, screening and bufferyards
sufficient to protect the use, enjoyment and development of adjacent
properties.
2.
Express Standards and Criteria. The proposed use, development, or
request shall comply with the express standards and criteria applicable
to the proposed use, development, or request specifically referenced
in this Part.
[Ord. 146, 1/10/2008]
1.
Persons or owners who intend to open an adult oriented business must obtain from the Township a license to operate such an enterprise pursuant to the Adult Oriented Business Ordinance [Chapter 13, Part 2] of the Township and must pay to the Township an investigation fee as may be set from time to time by resolution of the Board of Supervisors. In addition, such persons or owners must supply to the Township detailed information as to the ownership and financing as required pursuant to the Adult Oriented Business Ordinance [Chapter 13, Part 2].
2.
No adult oriented business shall operate within 300 feet of a preexisting
school, hospital, nursing home, group residence, institutional facility,
park, church, an establishment which is licensed to and does sell
alcoholic beverages, or other adult oriented business.
3.
An adult oriented business shall be initially licensed, where it has met the requirements set forth in the Adult Oriented Business Ordinance [Chapter 13, Part 2] through December 31 of the year in which the license is issued. For each year thereafter that the adult oriented business intends to continue as an adult oriented business, it must seek from the Township a renewal of the license. The lack of a valid license at any time shall be a proper basis for the Township to deny or revoke an occupancy permit for an adult, oriented business.
[Ord. 146, 1/10/2008]
1.
The movement of livestock and/or poultry shall be limited by a fence
or other method of enclosure.
2.
No other structure or use, except an agricultural accessory structure,
shall be permitted within the site during the period of continued
agricultural use.
3.
Roadside stands offering for sale only the products produced on the
premises shall be permitted and there shall be a minimum of 10 off-street
parking spaces provided for roadside stands.
4.
Any agricultural accessory building shall be located at least 50
feet from any residential lot line.
5.
In the SC Special Conservation District, the following additional
criteria shall apply:
[Added by Ord. No. 184, 10/2/2018]
A.
The minimum lot size of an agricultural operations use shall be five
acres.
B.
Perimeter fencing shall be constructed around all fields and meadows
that are used for livestock and/or horse grazing, feeding and similar
activities. No perimeter fence shall be closer than 10 feet from a
lot line.
C.
Not more than one horse shall be maintained on the first five contiguous
acres of land and not more than one additional horse shall be maintained
for each additional contiguous acre of land in excess of five acres.
[Added by Ord. No. 188,
12/3/2019]
1.
The movement of livestock and/or poultry shall be limited by a fence
or other method of enclosure.
2.
No other structure or use, except a single-family dwelling and agricultural
accessory structures, shall be permitted within the site during the
period of continued agricultural use.
3.
Roadside stands offering for sale only the products produced on the
premises shall be permitted and there shall be a minimum of 10 off-street
parking spaces provided for roadside stands.
4.
Any agricultural accessory building shall be located at least 50
feet from any residential lot line.
5.
In the RM Residential Moderate Density District, the following additional
criteria shall apply:
A.
The minimum lot size of an agricultural operations use shall
be 15 acres.
B.
Perimeter fencing shall be constructed around all fields and
meadows that are used for livestock and/or horse grazing, feeding
and similar activities. No perimeter fence shall be closer than 10
feet from a lot line.
C.
Not more than one horse shall be maintained on the first five
contiguous acres of land and not more than one additional horse shall
be maintained for each additional contiguous acre of land in excess
of five acres.
[Ord. 146, 1/10/2008]
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
All authorized repair work, car washing, lubrication and installation
of parts and accessories shall be conducted within a completely enclosed
building.
4.
Individual parking spaces for automobiles undergoing repair or that
have undergone repair must be arranged so that each space has access
to and from an unobstructed paved area.
5.
All vehicle parts and accessories, dismantled vehicles and similar
materials shall be stored within a completely enclosed building.
6.
The storage of an inoperable vehicle shall be limited to 14 days.
7.
Light fixtures for the illumination of parking and service areas
shall be designed to minimize illumination levels to zero footcandles
when measured from an adjacent lot line.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
Ten feet of yard setback with landscape buffering a minimum of three
feet in height for parking and six feet in height for loading areas
shall be provided to protect the surrounding neighborhood from inappropriate
light and other disturbances.
4.
All authorized repair work, car washing, lubrication and installation
of parts and accessories shall be conducted within a completely enclosed
building.
5.
All vehicle parts, dismantled vehicles and similar materials shall
be stored within a completely enclosed building.
6.
A minimum of one tree per 10 parking spaces shall be planted within
a lot's parking area(s) to minimize the impacts of heat and glare
from paving.
7.
Individual parking spaces for automobiles undergoing repair or that
have undergone repair must be arranged so that each space has access
to and from an unobstructed paved area.
8.
The storage of an inoperable vehicle shall be limited to five days.
9.
Automobile rental facilities shall have a maximum of two points of
ingress and egress to a public street. Shared access to adjacent facilities
shall be encouraged when feasible.
10.
Light fixtures for the illumination of parking and service areas
shall be designed to minimize illumination levels to zero footcandles
when measured from an adjacent lot line.
11.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 6]
1.
Location.
A.
Billboards shall not be erected within 500 feet of the boundary line
of any RA, RM or SC zoning district; of any public or private school;
church or cemetery, such distance being measured along the radius
of a circle from the center-most point of the billboard structure
extending in all directions.
B.
On interstate and limited access highways, billboards shall not be
erected within 500 feet of an interchange or safety rest area measured
along the interstate or limited access highway from the beginning
or ending of the pavement widening at the exit from or entrance to
the main traveled highway.
C.
Billboards shall maintain a lateral minimum spacing between any existing
or proposed billboard structure of 1,000 feet. Required spacing shall
be measured along both sides of the same street frontage from the
center-most point-of the billboard structure which is parallel to
the center line of the street to which the billboard is oriented.
D.
No billboard shall be located closer than 10 feet to the right of
way line or 35 feet from the center line, of any street, whichever
is greater.
E.
The billboard shall meet the minimum side yard and rear yard requirements
applying to a principal structure as set forth within the zoning district
in which the billboard is to be located.
F.
No billboard shall be erected in such a manner as to block the view
from the street of any existing business identification sign.
G.
No billboard shall be constructed within the clear sight triangle
of the street on which it is situated and shall not obstruct or impede
traffic safety.
H.
No billboard or part of such billboard shall be erected over any
sidewalk or public right of way.
I.
Billboards shall not be part of a roof or wall, nor shall a billboard
be mounted on the roof, wall or other part of a building or any other
structure.
J.
A billboard which contains an electrically activated changeable sign
shall only be permitted in the I Industrial District.
2.
Size and Height. A billboard shall have a maximum allowable gross
sign surface area of 450 square feet per sign face. This surface area
shall be permitted provided that all of the following additional requirements
are met:
A.
A billboard shall have no more than two sign faces per billboard
structure which may be placed back to back, or in a V-shaped configuration
having an interior angle of 90° or less.
B.
The dimensions of the surface area of the billboard sign face shall
not exceed 20 feet in total height or 25 feet in total length.
C.
A billboard structure shall have a maximum height of 40 feet above
the curb of the street from which it is intended to be viewed.
3.
Maintenance.
A.
A billboard structure shall be painted every three years, unless
constructed of an approved corrosive-resistant material.
B.
Every 10 years, the owner of the billboard shall have a structural
inspection made of the billboard by a qualified Pennsylvania registered
engineer and shall provide a certificate to the Township certifying
that the billboard is structurally sound.
C.
Annual inspections of the billboard shall be conducted by the Township
to determine compliance with this section.
D.
Billboards found to be in violation of this section shall be brought
into compliance or removed within 30 days after proper notice by the
Township.
E.
Billboards using removable paper or other materials shall be maintained
in such condition as to eliminate loose or frayed material protruding
or hanging from the structure. All paper and other waste materials
shall be removed from the site and disposed of properly whenever any
sign face is changed.
4.
Liability Insurance. The applicant for a sign permit to erect a billboard
shall provide a certificate of insurance for public liability and
property damage which holds the Township harmless. The amount of insurance
to be maintained shall be determined and adjusted from time to time
by resolution of the Board of Supervisors. The insurance certificate
shall contain a clause stating that the insurance shall not be canceled
or reduced without first giving 30 days notice to the Township.
5.
Permits. Upon approval of the conditional use for a billboard, the
owner of the billboard shall submit an application for a sign permit
to the Township. Such application shall include:
6.
Nonconforming Billboards. Any billboard which does not conform to
the requirements of this section shall not be enlarged or moved unless
in conformance with all provisions of this section.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
A minimum twenty-foot bufferyard shall be planted between the business
park development and any adjacent residential use.
4.
A minimum of one tree per 10 parking spaces shall be planted within
a lot's parking area(s) to minimize the impacts of heat and glare
from paving.
5.
The location and orientation of loading and service areas shall be
coordinated to minimize conflicts of vehicular and pedestrian circulation.
6.
Outdoor storage and/or loading shall not be visible from the primary
entrance of a business park use or from any lot line shared with a
residential use.
7.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete or stone block paving material
to protect the surrounding neighborhood from appropriate dust and
other disturbances.
3.
An additional 10 feet of yard setback with landscape buffering a
minimum of six feet in height for off-street parking and loading areas
shall be provided.
4.
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-1544.
5.
A cargo facility shall have one point of ingress and egress to an
arterial or collector street.
6.
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids shall
be permitted.
7.
The owner(s) and operator(s) of such facilities shall be responsible
for the conduct and safety of employees or visitors and shall be available
to respond to inquiries and promptly quell any disturbances caused
by employees and visitors.
[Ord. 146, 1/10/2008]
1.
A minimum site of 10 acres shall be required, unless part of a worship
site, in which case the minimum size shall be five acres.
2.
A stormwater management plan shall be submitted with the application
to show existing and proposed runoff characteristics.
3.
Ingress, egress and internal circulation shall be designed to ensure
safety and minimize impact on local roads. Said internal roadways
shall be paved with a minimum tar and chip surface. The applicant
shall demonstrate that the granting of the proposed use shall not
significantly increase traffic congestion on adjacent roadways.
4.
All property lines adjoining a residential use or residential zoning
boundary shall be screened by Bufferyard three as required by § 27-1626.3.C.
[Ord. 146, 1/10/2008]
1.
The facility shall be licensed by the Department of Public Welfare.
Proof of this valid license shall be provided to the Township prior
to the Township's issuance of a zoning occupancy permit for the use.
Copies of this valid license shall also accompany the annual operating
report to be filed with the responsible police department and Township
fire departments.
2.
A minimum area for indoor play shall be provided at a ratio of 40
square feet per child.
3.
A minimum area for outdoor play shall be provided at a ratio of 65
square feet per child using the outdoor play area. Long, linear configurations
shall be avoided to assure the functionality of the space as an outdoor
play area. The outdoor play area shall also:
A.
Not be less than 20 feet in width at any point.
B.
Adjoin the building where the facility is located.
C.
Not be located less than 30 feet from any street right-of-way.
D.
Not be located less than 10 feet from any property line.
E.
Be completely enclosed by a safe, secure and adequate fence or wall
a minimum of four feet in height, unless a greater height is required
by the Board of Supervisors. Any outdoor play area potentially susceptible
to encountering vehicles leaving a street, roadway, travel lanes or
access ways shall be protected by a barrier capable of preventing
the vehicle from entering the outdoor play area.
F.
Contain appropriate yielding surfaces underneath any permanent play
equipment.
4.
Safe vehicular access and areas for discharging and picking up children
shall be provided.
[Ord. 146, 1/10/2008]
2.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
3.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete or stone block paving material
to protect the surrounding neighborhood from inappropriate dust and
other disturbances.
4.
Side and rear yards shall be maintained in accordance with Bufferyard
1 as defined in § 27-1626.3.A.
5.
A commercial school shall have one point of ingress/egress to a collector
or arterial road.
6.
Light fixtures for the illumination of parking and service areas
shall be designed to minimize illumination levels to zero footcandles
when measured from an adjacent lot line.
7.
At no time shall any training activities and/or supply materials
be permitted to be stored outdoors.
8.
The owner(s) and operator(s) of a commercial school shall be responsible
for the conduct and safety of the members, visitors or guests and
shall be available to respond to inquiries and promptly quell any
disturbances caused by the members, visitors and guests.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, §§ 7-10;
and by Ord. 173, 8/5/2014, § 1]
1.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower and communications
antenna, as applicable.
2.
The applicant shall demonstrate that the proposed communications
tower and communications antenna proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
3.
A communications tower shall comply with all applicable Federal Aviation
Administration, Commonwealth Bureau of Aviation, and applicable airport
zoning regulations.
4.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount the communications antenna on an existing building,
structure or communications tower. A good faith effort shall require
that all owners of potentially suitable building, structure, or communications
tower within a 1/4 mile radius of the proposed communications tower
site be contacted and that one or more of the following reasons for
not selecting such building, structure, or communication tower apply:
A.
The proposed antenna and related equipment would exceed the structural
capacity of the existing building, structure or communications tower
and its reinforcement cannot be accomplished at a reasonable cost.
B.
The proposed antenna and related equipment would cause radio frequency
interference with other existing equipment for that existing building,
structure or communications tower and the interference cannot be prevented
at a reasonable cost.
C.
Such existing building, structure or communication tower does not
have adequate location, space, access or height to accommodate the
proposed equipment or to allow it to perform its intended function.
D.
Addition of the proposed antenna and related equipment would result
in electromagnetic radiation from such building structure or communication
tower exceeding applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
E.
A commercially reasonable agreement could not be reached with the
owners of such building, structure or communications tower.
5.
Access shall be provided to the communications tower and communications equipment building in accordance with the standards of Part 6 of the Subdivision and Land Development Ordinance [Chapter 22]; provided, however, an unmanned communications tower shall be provided with access from the right-of-way of a public street or private street, which is constructed and maintained to the requirements of § 22-604 of the Subdivision and Land Development Ordinance [Chapter 22], via an access road that is at least 12 feet in width and improved with non-impervious surface material and otherwise of a design acceptable to the Township Engineer. Except as provided in this subsection, the standards, requirements and restrictions of Part 6 of the Subdivision and Land Development Ordinance [Chapter 22] shall apply regardless of whether or not the communications tower and/or communications equipment building is considered to constitute a subdivision or land development.
6.
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to perform its function. For
any proposed communications tower with a height in excess of 100 feet,
the applicant shall deposit with the Township an engineering review
deposit as may be deemed appropriate by the Township Engineer, which
deposit shall be in addition to any other required application and/or
engineering fees. This deposit shall be used by the Township to retain
an independent, certified engineer knowledgeable in the field of communications
towers to review the application and to express an opinion as to the
minimum height necessary for the proposed communications tower to
perform its function. In the event that the fees actually incurred
for said engineering review exceed the amount of the deposit, the
applicant shall tender payment of the balance owed. In the event that
the fees actually incurred for said engineering review are less than
the amount of the deposit, the balance shall be refunded and/or credited
to the applicant.
7.
The foundation and base of any communications tower shall be set
back from any lot lines (including lease parcel lines), occupied buildings
and public streets, a distance equivalent to the height of the proposed
communications tower.
8.
The maximum height of any communications tower shall be 198 feet.
Regardless of height, all communications towers shall remain subject
to the setback requirements of subsection .7 above.
9.
There shall be a maximum of one communications tower per lot, regardless
of lease lines.
10.
The base of a communications tower shall be landscaped so as to screen
the foundation and base and communications equipment building from
abutting properties.
11.
The communications equipment building shall comply with the required
yard and minimum yard requirements of the applicable zoning district
for an accessory use, provided that the building footprint of the
communication equipment building is equal to or less than 100 square
feet. If the building footprint of the communication equipment building
is greater than 100 square feet, the building shall comply with the
required yard and minimum yard regulations of the applicable zoning
district for principal uses.
12.
The applicant shall submit certification from a Pennsylvania registered
professional engineer that any proposed communications tower will
be designed and constructed in accordance with the current "structural
standards for steel antenna towers and antenna supporting structures"
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable Township building codes.
13.
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
for the operator of the communications tower; and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence and property damage coverage in the minimum
amount of $1,000,000 per occurrence covering the communications tower
and any communications antenna located thereon.
14.
All guy wires associated with a guyed communication tower shall be
clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
15.
The site of a communications tower shall be secured by a fence with
a minimum height of four feet and a maximum height of eight feet and
containing only self-latching gates to limit accessibility by the
general public.
16.
No signs or lights shall be mounted on a communications tower, except
as may be required by the Federal Communications Commission, Federal
Aviation Administration or other governmental agency which has jurisdiction.
17.
A communications tower shall be protected and maintained in accordance
with the requirements of applicable Township building and property
maintenance codes and other applicable Township ordinances.
18.
If a communications tower remains unused for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the communications
tower within six months of the expiration of such twelve-month period.
19.
Two off street parking spaces shall be provided within the fenced
area.
20.
All tower structures shall be fitted with anti-climbing devices as
recommended by the tower manufacturer for the type of installation
proposed.
21.
The lot on which the communications tower is located shall comply
with the lot, yard and bulk requirements of the zoning district in
which the lot is located and § 27-1618.4 of this chapter.
22.
Communications towers shall obtain subdivision and land development plan approval from the Township as required by the Subdivision and Land Development Ordinance [Chapter 22].
23.
The installation of additional antennas on an existing communications
tower shall not require conditional use approval provided that the
communications tower is structurally designed to hold the additional
weight of the additional antennas.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
4.
The maximum structure height shall be 60 feet.
5.
There shall be adequate provision for ingress and egress to all parking
and loading spaces designed for use by employees, customers, delivery
services, sales people and/or the general public. Where a parking
or loading area does not abut on a public right-of-way, or private
alley or access, there shall be provided an access drive of not less
than 12 feet in width per directional lane of traffic; and not less
than 16 feet in width in all cases where the access is to storage
areas or required loading and unloading spaces.
6.
Collective free-standing signs, commonly known as "pylon signs,"
shall be permitted at the primary entrance to such shopping center
and shall not exceed 200 square feet in area. Such free-standing sign
shall identify the name of the shopping center, major tenants, and
may include a theater panel listing current attractions, advertising
of special events in the shopping center and advertising of public
affairs or public events in the community. Exterior signs for retail
units or anchor stores shall be permitted but shall be limited in
size to not more than 10% of the total area of the wall surface on
which the sign is mounted. No department store may have more than
two such signs. Exterior signs for commercial outparcels, other than
anchor stores in such shopping centers, shall be permitted on the
exterior face of the building and shall be limited in size to no more
than 10% of the total area of the wall surface on which the sign is
mounted. Two such signs shall be permitted per use.
7.
No part of any self-supporting business sign shall exceed the established
or proposed height of the principal structure.
8.
Directional traffic control signs are permitted and shall comply
with the regulations of the Federal Highway Administration and PennDOT.
[Ord. 146, 1/10/2008]
1.
In the case of an automotive service use, all repairs shall be conducted
in an enclosed building.
2.
All driveways and parking areas shall be paved.
3.
There shall be no parking of motor vehicles, trucks, tractors or
trailers except for the purpose of being serviced and for minor repairs,
limited to a period of eight hours, unless garaged.
4.
Convenience stores when provided in conjunction with automobile repair
shall accommodate, on site, parking in compliance with the ratios
for general retail uses.
[Ord. 146, 1/10/2008]
2.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete or stone block paving material
to protect the surrounding neighborhood from inappropriate dust and
other disturbances.
3.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
4.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
3.
An applicant shall apply for all applicable Federal, State and County
permits prior to filing the conditional use application. Copies of
all such application materials shall be submitted with the conditional
use application. No correctional institution use shall be initiated
until all applicable Federal, State and County permits have been obtained
for the subject facility and proof of such permits have been provided
to the Township.
4.
Parking facilities for staff and visitors shall be in accordance with Part 18 of this chapter (Off-Street Parking and Loading).
5.
All parking areas shall be screened from view from public or private
streets.
6.
Lighting shall be required throughout the property for safety purposes.
Such lighting shall be oriented away from adjacent properties and
shall be zero foot-candles of illumination at the property boundary
line.
7.
All structures shall be a minimum of 150 feet from all property lines.
8.
Such use shall not be located within 500 feet of any residential
zoning district or residential use.
9.
All lots shall have a minimum size of 10 acres.
10.
Access shall be from arterial or collector streets only.
11.
An evacuation plan shall be submitted for review and approval by
the responsible police department and Township emergency service providers.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, § 23]
2.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
3.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete or stone block paving material
to protect the surrounding neighborhood from inappropriate dust and
other disturbances.
4.
An additional 10 feet of yard setback with landscape buffering a
minimum of six feet in height for off-street parking and loading areas
shall be provided to protect the surrounding neighborhood from inappropriate
light and other disturbances.
5.
A country club/golf course's hours of operation and activities must
be appropriately scheduled to protect the surrounding neighborhood
from detrimental noise, disturbance or interruption.
6.
The owner(s) and operator(s) of a country club/golf course shall
be responsible for the conduct and safety of the members, visitors
or guests and shall be available to respond to inquiries and promptly
quell any disturbances caused by the members, visitors and guests.
7.
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids is permitted.
8.
The owner and operator of the facility shall incorporate best management
practices (BMPs) for erosion and sedimentation control as described
in the DEP Erosion and Sediment Pollution Control Program Manual (March
2012, as amended), and stormwater management as described in the DEP
Stormwater Best Management Practices Manual (December 2006, as amended)
in order to minimize nonpoint pollution from the activity. The applicant
shall submit a report describing the BMPs that will be used on the
site and notify the Township whenever a change is made to those BMPs.
Whenever a change is made to the BMPs used on the site, the owner
and operator shall certify that the new BMPs provide equal or greater
pollution prevention protection than the former management practice.
9.
A country club/golf course must provide a Bufferyard 1 as detailed
in § 27-1626.3.A.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, § 24]
1.
The facility shall be licensed by the Department of Public Welfare,
or other appropriate State agency. Proof of this valid license shall
be provided to the Township prior to the Township's issuance of a
zoning occupancy permit for the use. Copies of this valid license
shall also accompany the annual operating report to be filed with
the responsible police department and Township fire departments.
2.
A facility which provides child care shall provide a minimum area
for indoor play at a ratio of 40 square feet per child.
3.
A facility which provides child care shall provide a minimum area
for outdoor play at a ratio of 65 square feet per child using the
outdoor play area. Long, linear configurations shall be avoided to
assure the functionality of the space as an outdoor play area. The
outdoor play area shall also:
A.
Not be less than 20 feet in width at any point.
B.
Adjoin the building where the facility is located.
C.
Not be located less than 30 feet from any street right-of-way.
D.
Not be located less than 10 feet from any property line.
E.
Be completely enclosed by a safe, secure and adequate fence or wall
a minimum of four feet in height, unless a greater height is required
by the Board of Supervisors. Any outdoor play area potentially susceptible
to encountering vehicles leaving a street, roadway, travel lanes or
access ways shall be protected by a barrier capable of preventing
the vehicle from entering the outdoor play area.
F.
Contain appropriate yielding surfaces underneath any permanent play
equipment.
4.
Safe vehicular access and areas for discharging and picking up facility
attendees shall be provided.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
Drive-through activities on a lot shall be arranged to minimize physical
and visual disturbances on adjacent lots.
4.
Vehicle circulation shall be designed to maximize pedestrian and
vehicle safety.
5.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
Loading areas shall not be visible from a public right-of-way or
an adjacent residence. A landscaped bufferyard a minimum of 25 feet
in width shall be provided adjacent to all existing residences. Bufferyards
shall be landscaped with a combination of deciduous and evergreen
trees, shrubs, ornamental grasses and ground covers. Grass, sod, lawn
and turf shall not be considered an acceptable plant for use within
landscaped bufferyards.
4.
Outdoor storage of foods and/or materials shall not be permitted.
5.
The building height of a flex space facility shall be compatible
with the height of buildings on adjacent lots.
6.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, § 26]
1.
A traffic impact study is required. The traffic impact study shall comply with § 27-1628 of this chapter.
[Amended by Ord. 180, 10/4/2016]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
Fuel sales, as defined by this chapter, shall be permitted only when
accessory to a principal use identified as a permitted use or conditional
use in the subject zoning district under this chapter.
6.
Hours of operation must be appropriately scheduled to protect the
surrounding neighborhood from detrimental noise, disturbance or interruption.
7.
Fuel dispensers shall be located at least: (a) 20 feet from the edge
of any street right-of-way; and (b) 40 feet from the center line of
the right-of-way of any public street.
8.
All fuel and other flammable substances shall be stored at least
25 feet from any lot line.
9.
The minimum lot area for the facility shall be 20,000 square feet.
10.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
11.
Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 10:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
12.
The owner and operator of the facility shall incorporate best management
practices (BMPs) for erosion and sedimentation control as described
in the DEP Erosion and Sediment Pollution Control Program Manual (March
2012, as amended), and stormwater management as described in the DEP
Stormwater Best Management Practices Manual (December 2006, as amended)
in order to minimize nonpoint pollution from the activity. The applicant
shall submit a report describing the BMPs that will be used on the
site and notify the Township whenever a change is made to those BMPs.
Whenever a change is made to the BMPs used on the site, the owner
and operator shall certify that the new BMPs provide equal or greater
pollution prevention protection than the former management practice.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, § 25]
1.
All off-street parking shall be provided on the lot.
2.
Exterior lighting for parking areas shall be reduced to half power
after 11:00 p.m.
3.
Off-street parking shall be screened with landscaped bufferyard,
fence or wall with a maximum height of six feet with a minimum opacity
of 80%.
4.
Building and parking setbacks shall be consistent with surrounding
development.
5.
All rooms available for funerals and viewing shall be located with
the lot's principal building.
6.
Dumpsters shall be located in the rear yard setback and shall be
screened with a landscaped bufferyard, fence or wall with a maximum
height of eight feet.
7.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The by-products of the processing activities shall not be considered
hazardous materials as defined by the Allegheny County Health Department
and the Federal Emergency Management Agency.
3.
Storage of all hazardous materials used to process or manufacture
products shall comply with all County, State and Federal standards
for use and removal:
A.
Cement, lime, gypsum or plaster of Paris manufacturing.
B.
Commercial fertilizer manufacturing.
C.
Gasoline processing and oil refining.
D.
Glue, size or gelatin manufacturing.
E.
Smelting of aluminum, tin, copper, zinc or iron ores.
F.
Meat and poultry processing.
G.
Rubber or gutta-percha manufacturing or processing.
H.
Paper or pulp manufacturing.
I.
Tanning, curing or storage of raw hides.
4.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
Parking facilities shall be provided at a ratio of one for each full-time
staff members on peak shift and one additional stall for every two
patients.
4.
A hospital's height shall not exceed 75 feet.
5.
Safe vehicular access and areas for discharging and picking up patients
shall be provided.
6.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
The facility shall have one point of ingress and egress to an arterial
road.
4.
All interior driveways and parking areas shall be paved with a material
to reduce dust.
5.
An inventory of toxic, corrosive, flammable, carcinogenic or, explosive
materials, chemicals, liquids, gases or solids shall be updated annually
and filed with the local fire department and the Allegheny County
Emergency Management.
6.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system to the
site at the cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
1.
The number of residents shall be limited to no more than 14 persons,
excluding supervisory adults and the children of supervisory adults.
2.
Minimum lot area and yard setbacks shall be as described for the
zoning district wherein the property is located. However, these dimensions
may be reduced by the Board of Supervisors when the building proposed
to house such a facility is an existing building which has been established
as appropriate for such an institution through a pre-existing use.
3.
The applicant shall file a detailed statement of intent describing
the proposed use of the dwelling or building, which statement shall
detail the proposed number and nature of the anticipated occupants.
4.
Where applicable, a license or certification shall be obtained from
the Commonwealth of Pennsylvania or County prior to the issuance of
a certificate of occupancy. In the event that an appropriate licensing
or certifying agency does not exist, the applicant shall demonstrate
to the Board of Supervisors that the proposal satisfies a demonstrated
need and will be conducted in a responsible manner without detriment
to surrounding properties.
5.
The operator of the institutional facility shall provide to the Board
of Supervisors, the responsible police department and Township emergency
service providers a floor plan, drawn to scale, clearly delineating
all rooms or sleeping areas, all points of ingress and egress to the
facility and the interior circulation plan indicating the flow of
traffic on the site and primary point or points of vehicular access.
6.
A change in ownership or operators of the facility shall constitute
a new use requiring conditional use approval as outlined in this section.
7.
The use and building(s) shall comply with the current Township Building
Code, as amended from time to time.
8.
In order to prevent the concentration of such uses in a neighborhood
and to avoid impacting existing residences, no institutional facility
shall be located within 1,000 feet of another institutional facility
or nursing home, as measured from lot line to lot line.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, § 27]
3.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
4.
The premises shall be maintained so as not to constitute a nuisance
or a menace to public health and safety.
5.
No garbage, organic water, petroleum products or hazardous waste
should be stored, buried or disposed of on the premises.
6.
The manner of storage of junk shall be arranged in such a fashion
that aisles of a minimum width of 25 feet between rows of junk are
maintained in order to facilitate access for firefighting purposes
and to prevent the accumulation of stagnant water.
8.
No junk shall be stored or accumulated and no structure shall be
constructed within 100 feet of any existing residential lot or within
40 feet of any property line or public right-of-way.
9.
The site shall have one primary entrance and one primary exit.
10.
The fence required by Chapter 13, Part 4, of the Frazer Township Code of Ordinances, Junkyards, as amended, shall be supplemented with screening material which creates a visual barrier that is 100% opaque. Grass, sod, lawn or turf shall not be considered an acceptable plant for use within any landscaped bufferyards.
11.
The manner of storage of junk shall be arranged in such a fashion
that it shall not be higher than the adjacent fence.
12.
The owner and operator of the facility shall incorporate best management
practices (BMPs) for erosion and sedimentation control as described
in the DEP Erosion and Sediment Pollution Control Program Manual (March
2012, as amended), and stormwater management as described in the DEP
Stormwater Best Management Practices Manual (December 2006, as amended)
in order to minimize nonpoint pollution from the activity. The applicant
shall submit a report describing the BMPs that will be used on the
site and notify the Township whenever a change is made to those BMPs.
Whenever a change is made to the BMPs used on the site, the owner
and operator shall certify that the new BMPs provide equal or greater
pollution prevention protection than the former management practice.
[Ord. 146, 1/10/2008; as amended by Ord. 154, 9/1/2009, § 7]
1.
Such uses shall be located at least 100 feet from all property lines.
All outdoor kennel facilities including, but not limited to, runs,
pens, coops and similar facilities, shall have a minimum setback of
200 feet from all property lines.
2.
The minimum lot area required for the use shall be five acres.
3.
The kennel shall be located within a completely enclosed building
and shall be soundproofed to minimize noise impact on adjacent properties.
4.
All outdoor kennel facilities (including, but not limited to, runs,
pens, coops and similar facilities) shall be:
A.
Constructed for easy cleaning.
B.
Adequately secured by a fence, with a self-latching gate, and otherwise
fully enclosed to ensure that a cat or any other animal is not able
to climb or jump out of the enclosed area.
C.
Screened by a six-foot high compact hedge or 100% opaque fence on
all sides which are visible from any street or residential property.
5.
The kennel shall be licensed by the Commonwealth of Pennsylvania,
and compliance with all applicable rules and regulations of the Commonwealth
of Pennsylvania and Allegheny County Health Department shall be maintained.
6.
At no time shall the animals be permitted to run loose on the property
other than in a completely enclosed area as described in § 27-1533.4
above.
7.
This use shall be subject to periodic inspections to insure compliance
with the conditions of approval.
[Ord. 146, 1/10/2008]
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
4.
The maximum building height shall be 60 feet.
5.
There shall be adequate provision for ingress and egress to all parking
and loading spaces designed for use by employees, customers, delivery
services, sales people and/or the general public. Where a parking
or loading area does not abut on a public right-of-way, or private
alley or access, there shall be provided an access drive of not less
than 12 feet in width per directional lane of traffic; and not less
than 16 feet in width in all cases where the access is to storage
areas or required loading and unloading spaces.
6.
Directional traffic control signs are permitted and shall comply
with the regulations of the Federal Highway Administration and PennDOT.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
1.
The facility and use shall be licensed by the appropriate departments
and/or agencies of the Commonwealth of Pennsylvania. Said valid license
and all appropriate documentation shall be submitted to the Township.
2.
The facility and use shall be conducted in a manner that does not
violate any provisions of this chapter or any other Federal, State,
County, Township statute, law, regulations, ordinance and/or resolution.
3.
The facility and use shall be staffed during all hours of operation
by personnel licensed by the Pennsylvania Department of Health.
4.
The applicant shall provide a community impact analysis consisting
of the following information:
A.
Hours of operation.
B.
Patient treatment capacity.
C.
Average daily patient visits.
D.
Average number of daily vehicle trips estimated to be generated by
the facility, with peak-hour vehicle trip ends identified.
E.
Any and all public transportation connections that may serve the
facility.
F.
Estimated level of emergency (police, fire, ambulance, etc.) calls
on a monthly basis generated by the facility.
G.
Documentation concerning all personnel, licensed by the Pennsylvania
Department of Health. Any change in this information to any such approved
use shall be reported to the Township within 30 days.
H.
Any and all security measures to be instituted within the facility.
I.
Any and all security measures to be instituted on the lot or parcel.
5.
Side and rear bufferyards shall be maintained in accordance with
Bufferyard 1 as defined in § 27-1626.3.A.
7.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
8.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 154, 9/1/2009, § 8]
1.
Removal of minerals encountered during the routine grading of a site
for the purposes of an approved land development or for the construction
of public improvements shall be excluded from these regulations and
the requirement to obtain approval of a conditional use application,
provided that evidence is presented to the Township that all applicable
requirements of the DEP are met.
2.
There shall be no removal of minerals or vegetative cover within
100 feet of the bank of any stream or natural watercourse identified
on maps prepared by the United States Geologic Survey (USGS).
3.
Mineral removal shall be prohibited in watersheds or rivers or streams
now or hereafter designated by the Pennsylvania Fish Commission as
a Wilderness Trout Stream, by the DEP as part of the Scenic Rivers
System or designated under the Federal Wild and Scenic Rivers Act.
4.
No mineral removal shall be conducted within: (A) 300 feet of any
public or private building, school, church, community or institutional
building, commercial building, public park or private recreation area;
(B) 100 feet of the outside right-of-way line of any public or private
street, except where access roads or haulage roads join the right-of-way
line and where the appropriate State or Federal agency having jurisdiction
over the conduct of mineral removal operations shall permit it in
accordance with the law; (C) 100 feet of a cemetery; and/or (D) 300
feet of an occupied dwelling, unless the consent of the owner has
been obtained in advance of the filing of the application for zoning
approval.
5.
No mineral removal shall be conducted which will adversely affect
any publicly owned park or places included in the National Register
of Historic Sites, unless approved by the governmental agency with
jurisdiction over the park or historic site.
6.
The applicant shall present expert testimony to demonstrate that
the proposed mineral removal operation will not adversely affect any
of the following:
7.
The applicant shall present expert testimony to demonstrate that
the use of explosives, if proposed, shall not cause injury to any
adjacent structures or shall not substantially diminish underground
water resources.
8.
If blasting is to be undertaken, seismographs shall be placed on
the site of the operation as required by the Pennsylvania Department
of Environmental Protection during all times when blasting is performed
which shall be monitored by an independent engineering consultant
whose credentials are acceptable to the Township and whose fee is
paid by the applicant.
9.
The applicant shall provide reclamation plans for the site that demonstrate
that the condition of the land after the operation is completed will
allow economically and ecologically productive uses of the type permitted
in the district in which the site is located. Acceptance of the reclamation
plan shall not constitute approval of any aspect of any future development
plan.
10.
The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks as part of a traffic impact study performed in compliance with the provisions of the Subdivision and Land Development Ordinance [Chapter 22]. The applicant shall show evidence of compliance with designated weight limits on State, County and Township roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Township. The designated hauling route shall be subject to approval by the Township. In order to exceed the Township's street and/or bridge weight limits, the applicant must provide financial security for the streets and/or bridges included in the designated hauling route and execute a road maintenance agreement, as required by § 15-305 of Chapter 15 of the Frazer Township Code of Ordinances, Motor Vehicles and Traffic, as amended.
11.
The operator shall post a bond in favor of the Township and in a
form and amount acceptable to the Township prior to beginning operations
to guarantee restoration of Township streets which may be damaged
during the mineral removal operations.
12.
Portions of the site where mineral removal operations are conducted
may be required to be fenced or screened, as necessary, to provide
security and protect adjacent properties.
13.
The applicant shall comply with all applicable State and Federal
regulations and shall show evidence of obtaining the required State
and Federal permits, including proof of insurability, before initiating
any work and shall maintain the required permits throughout the duration
of all operations. Any suspension or revocation of the required State
or Federal permits shall constitute a violation of this chapter.
14.
Approval of the conditional use shall expire if work authorized in
the application for the conditional use is not commenced within six
months of the date of approval of the conditional use application
by the Board of Supervisors, unless the applicant submits a written
request for an extension prior to the expiration of the six months
after the date of approval.
15.
Once work is initiated under an approved application for conditional
use, zoning approval shall be valid for a period of one year from
the date of conditional use approval by the Board of Supervisors.
An application for renewal of zoning approval shall be submitted prior
to the expiration of zoning approval and shall be approved by the
Zoning Officer upon demonstration by the applicant that all conditions
of approval of the conditional use and the required Federal and State
permits remain in full force and effect and that the applicant is
diligently pursuing the completion of the mineral removal operation.
16.
During the mineral removal operation, the Township Engineer may inspect
the site at the request of the Board of Supervisors to determine continuing
compliance with these standards and criteria and any conditions of
approval. The cost of inspection by the Township Engineer shall be
borne by the operator.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
Applications for mixed use development in the YRO District including residential uses, shall be submitted in accordance with the Township Planned Residential Development Regulations contained at Part 14 of this chapter.
4.
To ensure public health and safety, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 11]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public health and safety, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
4.
Each dwelling unit shall have at least two off-street parking spaces.
5.
Each multi-family structure shall provide one additional visitor
parking space, off-street, within 200 feet of the structure.
6.
Areas of the property not occupied by a structure or parking area shall be landscaped and maintained as per the provisions of § 27-1627.
7.
Structures within 75 feet of the perimeter property line shall be
screened from the adjacent property(ies), such buffer to be a minimum
of six feet in height.
[Ord. 146, 1/10/2008]
2.
The nightclub operations shall cease between the hours of 2:00 a.m.
and 7:00 a.m. prevailing time (unless more restrictive nonoperating
hours are established by the Board of Supervisors in its conditional
use decision), and the establishment shall not be open to the public
during those hours.
3.
The owner and operator of the facility shall provide private security
at a ratio of one private security guard for every 25 guests, unless
another ratio is established by the Board of Supervisors in its conditional
use decision.
4.
All nightclub operations shall be conducted within an enclosed building,
and all doors and windows shall remain closed during the hours that
the nightclub is open for operation.
5.
The facility entrances and exits (excluding emergency exits) which
face adjacent residential dwellings and/or residential zoned properties
shall have a vestibule with a second door to minimize noise impacts
to adjacent residential dwellings and properties.
6.
No nightclub shall be permitted within 500 feet of an adult oriented
business and/or another nightclub, as measured from lot line to lot
line.
7.
The nightclub operations shall not cause or create a nuisance including,
but not limited to, excessive noise levels.
8.
The owner and operator shall provide the Township, the police department
and the Township volunteer fire departments with a floor plan of the
facility drawn to scale and which clearly delineates all rooms and
improvements, all points of ingress and egress within the facility,
and all emergency exits and an interior circulation plan indicating
the flow of traffic on the site and primary point or points of vehicular
access.
9.
To ensure public health and safety, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum lot area required for a nursing home shall be one acre.
3.
The applicant shall file a detailed statement of intent describing
the proposed use of the dwelling or building, which statement shall
detail the proposed number and nature of the anticipated occupants.
4.
Where applicable, a license or certification shall be obtained from
the Commonwealth of Pennsylvania or County prior to the issuance of
a certificate of occupancy. In the event that an appropriate licensing
or certifying agency does not exist, the applicant shall demonstrate
to the Board of Supervisors that the proposal satisfies a demonstrated
need and will be conducted in a responsible manner without detriment
to surrounding properties.
5.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
6.
Safe vehicular access and areas for discharging and picking up patients
shall be provided.
7.
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
8.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, § 28]
1.
Any article or material authorized to be stored outside an enclosed
structure shall be buffered by six-foot high opaque fencing, planting,
earthen mounds or existing topography to assure that it cannot be
seen from adjoining public streets or adjacent residential uses or
residentially zoned properties and to assure no adverse effect on
adjacent properties.
2.
No outdoor storage shall be permitted in the required yard and setback
areas.
3.
Toxic or volatile chemicals shall not be stored outside an enclosed
structure.
4.
All organic rubbish or waste materials shall be stored in airtight
vermin-proof containers.
5.
Outdoor storage shall not include operable and/or inoperable vehicles
including, but not limited to, automobiles, buses, motorcycles and
similar machines.
6.
Outdoor storage shall not be visible from the primary entrance of
any commercial use.
7.
Access driveways to outdoor storage shall be paved with a minimum
of two inches of slag or stone.
8.
The owner and operator of the facility shall incorporate best management
practices (BMPs) for erosion and sedimentation control as described
in the DEP Erosion and Sediment Pollution Control Program Manual (March
2012, as amended), and stormwater management as described in the DEP
Stormwater Best Management Practices Manual (December 2006, as amended)
in order to minimize nonpoint pollution from the activity. The applicant
shall submit a report describing the BMPs that will be used on the
site and notify the Township whenever a change is made to those BMPs.
Whenever a change is made to the BMPs used on the site, the owner
and operator shall certify that the new BMPs provide equal or greater
pollution prevention protection than the former management practice.
[Ord. 146, 1/10/2008]
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as added by Ord. 158, 4/6/2010, § 12]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
Primary facades and entries shall front adjacent roads or public
walkways.
4.
Lot lines shall provide a ten-foot wide landscaped bufferyard. Bufferyards
shall be planted with a combination of deciduous and evergreen trees,
shrubs, ornamental grasses and ground cover.
5.
The location and orientation of loading and service areas shall be
coordinated to minimize conflicts of vehicular and pedestrian circulation.
6.
Buildings and structures shall be designed to minimize conflicts
between uses.
7.
Loading areas shall not be visible from any office use.
8.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
Applications for quadplexes in the YRO District shall be submitted in accordance with the Township Planned Residential Development Regulations contained at Part 14 of this chapter.
4.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
1.
Recreation facility uses are specifically limited to the following:
A.
Baseball/softball batting cages.
B.
Baseball/softball fields.
C.
Basketball courts.
D.
Bowling alley.
E.
Football fields.
F.
Golf course.
G.
Golf driving range.
H.
Gymnastics/tumbling center.
I.
Health and fitness facility.
J.
Hiking and bicycle trails.
K.
Ice hockey rink.
L.
Ice or roller skating rink.
M.
Miniature golf.
N.
Racquet/handball club and courts.
O.
Soccer fields.
P.
Street hockey rink.
Q.
Swimming club and pool.
R.
Tennis club and courts.
2.
Any such use shall comply with the requirements of the Subdivision and Land Development Ordinance [Chapter 22].
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one-foot candle of illumination at the property lot line.
The maximum height of freestanding exterior lighting standards shall
not exceed 20 feet.
4.
No such use shall generate noise in excess of 75 dB(A) at the lot
line between the hours of 10:00 p.m. and 7:00 a.m., prevailing time.
For purposes of this section, this noise reduction shall be measured
from any lot line of property owned by a person or entity other than
the owner of the subject recreation facility. Outdoor speakers shall
be not be used between the hours of 10:00 p.m. and 7:00 a.m., prevailing
time, unless another time period is established by the Board of Supervisors
as part of its conditional use decision. The volume and direction
of the outdoor speakers shall be regulated to minimize impact on adjacent
properties.
5.
In addition to the requirements of the underlying zoning district in which the recreation facility is proposed to be located, a recreation facility shall also comply with the requirements of Part 16 of this chapter (Supplemental Regulations), Part 17 (Signs) and Part 18 (Off-Street Parking and Loading).
6.
The use shall have frontage on and direct vehicular access to an arterial or collector street, as defined by the Subdivision and Land Development Ordinance [Chapter 22].
7.
Adequate sanitary facilities shall be provided that are available
for public use.
8.
The location of buildings and facilities, traffic circulation on
the site and parking areas shall be designed to provide adequate access
for emergency vehicles.
9.
Any outdoor facility within 300 feet of an existing dwelling shall
cease operations by no later than 10:00 p.m., prevailing time, unless
another time period is established by the Board of Supervisors as
part of its conditional use decision.
10.
Any use which includes eating or drinking facilities shall be subject
to the parking requirements of that use in addition to the parking
requirements for the recreation facility.
11.
The location of buildings and structures shall be designed to minimize
impact on adjacent residential properties.
12.
Any recreation facility in existence in the Township prior to January 10, 2008, may continue and shall not be required to comply with the requirements of this § 27-1549 to the extent of the scope of nature of the use existing as of that date. Any such facility may be expanded without having to obtain conditional use approval pursuant to § 27-1549 provided said expansion:
A.
Does not involve construction of any new or the expansion of any
existing buildings exceeding 50% of the building lot coverage legally
occupied as of January 10, 2008.
B.
Is on the same lot or lots as the existing recreation facility, as
the lot or those lots existed as of January 10, 2008.
C.
Does not involve a change in the specific type of recreation facility
(for example, a pre-existing golf course cannot add or change to a
bowling alley).
|
Any expansion of a recreation facility not meeting the requirements of subsections 12.A,.12B and .12.C shall not be permitted unless the property owner applies for and obtains conditional use approval pursuant to this § 27-1549.
|
14.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
Loading areas shall not be visible from a public right-of-way or
an adjacent residence. A landscaped bufferyard of a minimum of 25
feet in width shall be provided adjacent to all existing residences.
Bufferyards shall be landscaped with a combination of deciduous and
evergreen trees, shrubs, ornamental grasses and ground covers. Grass,
sod, lawn or turf shall not be considered an acceptable plant for
use within landscaped bufferyards.
4.
Outdoor storage of foods and/or materials shall not be permitted.
5.
The building height of a research and development facility shall
be compatible with the height of buildings on adjacent lots.
6.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 13]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008]
2.
No less than 75% of the floor area to which the customer has access
shall be devoted to sit-down dining tables.
3.
The operator, business and use shall comply with any and all Federal,
State, County and Township laws, statutes, ordinances and regulations.
4.
The operator, business and use shall obtain and maintain all necessary
Federal, State, County and Township permits and approvals.
5.
No portion of the facility shall be used for a dance floor except
in the portion of the facility utilized for a banquet facility (subject
to the requirements set forth below).
6.
Live entertainment shall be prohibited, unless provided in a portion
of the facility utilized for a banquet facility (subject to the requirements
set forth below) or as specifically permitted by the Board's conditional
use decision for an individual development. For purposes of this subsection,
television viewing of sporting events shall not be considered live
entertainment.
7.
Restaurants with a drive-through facility shall comply with the following
requirements:
A.
Any establishment that includes a drive-through facility shall provide
a minimum of five queuing spaces in tandem with a minimum total length
of 100 feet in direct line with each window or stall for vehicles
to wait in line.
B.
The queuing spaces shall be located so as to not interfere with the
use of any parking spaces or the free flow of traffic on the site
and shall be adequately striped and indicated with directional signs.
8.
A portion of the restaurant may be utilized for a banquet facility
provided that the banquet facility complies with the following requirements:
A.
Banquet facility operations shall cease between the hours of 12:00
a.m. and 7:00 a.m., prevailing time.
B.
Off-street parking required by this chapter shall be provided for
both the restaurant and the banquet facility.
C.
All banquet facility operations shall be conducted within an enclosed
building, and all doors and windows shall remain closed during the
hours that the banquet facility is in operation.
D.
The exterior facility entrances and exists (excluding emergency exits)
which face adjacent residential dwellings and/or residential zoned
properties shall have a vestibule with a second door to minimize noise
impact to adjacent residential dwellings or properties.
E.
Adequate security shall be provided at all events in the banquet
facility which occur after or extend past 7:00 p.m., prevailing time,
(unless otherwise established by the Board of Supervisors in its conditional
use decision) including, but not limited to, the use of private security
guards. The level of private security and/or the number of private
security guards shall be established by the Board of Supervisors in
its conditional use decision.
F.
Banquet facility operations shall not cause or create a nuisance
including, but not limited to, excessive noise levels.
G.
The owner and operator shall provide the Township, the police department
and the Township volunteer fire departments with a floor plan of the
facility drawn to scale and which clearly delineates all rooms and
improvements, all points of ingress and egress within the facility,
all emergency exits and an interior circulation plan indicating the
flow of traffic on the site and primary point(s) of vehicular access.
9.
A portion of the restaurant may be used for an amusement arcade provided
that the amusement arcade complies with the following requirements:
A.
Off-street parking required by this chapter shall be provided for
both the restaurant and the amusement arcade.
B.
All amusement arcade operations shall be conducted within an enclosed
building, and all doors and windows shall remain closed during the
hours that the amusement arcade is in operation.
C.
The exterior facility entrances and exists (excluding emergency exits)
which face adjacent residential dwellings and/or residential zoned
properties shall have a vestibule with a second door to minimize noise
impact to adjacent residential dwellings or properties.
D.
Amusement arcade operations shall not cause or create a nuisance
including, but not limited to, excessive noise levels.
E.
The owner and operator shall provide the Township, the police department
and the Township volunteer fire departments with a floor plan of the
facility drawn to scale and which clearly delineates all rooms and
improvements, all points of ingress and egress within the amusement
arcade, all emergency exits and an interior circulation plan indicating
the flow of traffic on the site and primary point(s) of vehicular
access.
10.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, §§ 29,
30]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
All interior driveways shall be paved with an impervious surface
sufficient for the loads the driveways are expected to bear.
4.
Lot lines shall provide a fifteen-foot wide landscaped bufferyard.
Bufferyards shall be planted with a combination of deciduous and evergreen
trees, shrubs, ornamental grasses and ground covers.
5.
A minimum eight-foot fence with a self-latching gate shall be placed
on the interior side of each bufferyard. The fence shall be supplemented
with screening material which creates a visual barrier that is at
least 80% opaque.
6.
The maximum building height shall be 20 feet.
7.
The minimum distance from the end of any storage building to the
end of any adjacent storage building shall be 20 feet.
8.
The maximum length of any storage building shall be 200 feet.
9.
The maximum size of any storage unit shall be 14 feet wide, 40 feet
deep and one story and no more than 20 feet in height. If storage
units are placed back-to-back, the maximum width of the building shall
not exceed 40 feet.
10.
No outdoor storage shall be permitted on the lot.
11.
Storage units shall not be equipped with water or sanitary sewer
service.
12.
No business activity other than rental of storage units shall be
conducted on the premises.
13.
Operations shall be regulated so that nuisances such as visual blight,
glare, noise, blowing debris and soot shall not be created.
14.
The design of the storage building shall be sealed by an architect.
15.
No signs shall be placed on the buildings or on their rooftops.
16.
One business identification sign shall be permitted which complies
with the requirements of this chapter for the zoning district in which
the use is located.
17.
No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by Township regulations. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the Township Construction Code [Chapter 5, Part 1].
19.
The owner and operator of the facility shall incorporate best management
practices (BMPs) for erosion and sedimentation control as described
in the DEP Erosion and Sediment Pollution Control Program Manual (March
2012, as amended), and stormwater management as described in the DEP
Stormwater Best Management Practices Manual (December 2006, as amended)
in order to minimize nonpoint pollution from the activity. The applicant
shall submit a report describing the BMPs that will be used on the
site and notify the Township whenever a change is made to those BMPs.
Whenever a change is made to the BMPs used on the site, the owner
and operator shall certify that the new BMPs provide equal or greater
pollution prevention protection than the former management practice.
20.
Buildings shall be so situated or screened so that the visibility
of access doors is minimized from adjacent streets.
21.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as added by Ord. 173, 8/5/2014, § 31]
1.
A traffic impact study as specified in § 27-1628 of this chapter shall be required only if the proposed development satisfies one of the criteria under § 27-1628.1 of this chapter.
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yards(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
All interior driveways shall be paved with an impervious surface
sufficient for the loads the driveways are expected to bear.
4.
Lot lines shall provide a landscape bufferyard to the extent required
by this chapter. Bufferyards shall be planted with a combination of
deciduous and evergreen trees, shrubs, ornamental grasses and ground
covers and shall otherwise comply with the requirements of this chapter.
5.
A fence, with a minimum height of eight feet and a self-latching
gate, shall be placed on the interior side of each bufferyard. The
design of the fence shall compliment the building(s) on the subject
property.
6.
The maximum building height shall be 20 feet.
7.
The minimum distance from the end of any storage building to the
end of any adjacent storage building shall be 20 feet.
8.
The maximum length of any storage building shall be 200 feet.
9.
The maximum size of any storage unit shall be 14 feet wide, 40 feet
deep and one story and no more than 20 feet in height. If storage
units are placed back-to-back, the maximum width of the building shall
not exceed 40 feet.
10.
No outdoor storage shall be permitted on the lot.
11.
No illegal goods or materials shall be stored on the lot.
13.
Storage units shall not be equipped with water or sanitary sewer
service.
14.
No business activity other than rental of storage units shall
be conducted on the premises.
15.
Operations shall be regulated so that nuisances such as visual
blight, glare, noise, blowing debris and soot shall not be created.
16.
The design of the storage building shall be sealed by an architect.
17.
No signs shall be placed on the buildings or on their rooftops.
18.
One business identification sign, in the form of a ground sign,
shall be permitted on the lot, provided that such sign complies with
the requirements of this chapter for the zoning district in which
the use is located.
19.
No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the Township Construction Code [Chapter 5, Part 1]. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the Township Construction Code [Chapter 5, Part 1].
20.
A minimum of one fire hydrant shall be provided within 500 feet of each building utilized for self-storage facility limited subject to the approval of the number and location of hydrants by the Township, and the facility shall otherwise comply with the Township Construction Code [Chapter 5, Part 1].
21.
The owner and operator of the facility shall incorporate best
management practices (BMPs) for erosion and sedimentation control
as described in the DEP Erosion and Sediment Pollution Control Program
Manual (March 2012, as amended), and stormwater management as described
in the DEP Stormwater Best Management Practices Manual (December 2006,
as amended) in order to minimize nonpoint pollution from the activity.
The applicant shall submit a report describing the BMPs that will
be used on the site and notify the Township whenever a change is made
to those BMPs. Whenever a change is made to the BMPs used on the site,
the owner and operator shall certify that the new BMPs provide equal
or greater pollution prevention protection than the former management
practice.
22.
Buildings shall be so situated or screened so that access doors
are not facing adjacent streets.
23.
To ensure public safety and health, the site shall be served
by and connected to a public water system at the cost of the landowner
and/or developer.
24.
Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 10:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
25.
A self-storage facility limited shall be provided as an incentive
conditional use in the CPO Corridor Perimeter Overlay District and
YRO Yutes Run Overlay District, provided the following criteria are
met:
A.
Any facility located on a lot within the CPO Corridor Perimeter
Overlay District must be located within an underlying RA Residential
Agricultural District.
B.
A self-storage facility limited shall be located at least 1,000
feet from a lot containing another self-storage facility limited or
any other similar use.
C.
The facility shall be located on a lot which has a maximum lot
size of two acres.
D.
No vehicular access shall be provided to the facility from an
arterial street or collector street.
E.
The street-side walls of any building shall utilize finished
materials that incorporate architectural design elements to create
continuity with adjacent buildings. At least one-third of the street-side
walls of each building shall utilize brick, stone, glass and similar
materials. Uniform, plain split face block cannot be used on the street-side
walls of a building.
[Ord. 146, 1/10/2008]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, § 32]
2.
The minimum front and/or side yard setbacks shall be increased 15
feet from that which is defined by this chapter when such yard(s)
abut(s) Yutes Run Road, Butler Logan Road and/or Riddle Run Road.
3.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
4.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete or stone block paving material
to protect the surrounding neighborhood and/or land uses from inappropriate
dust and other disturbances.
5.
University/college shall have a maximum of two points of ingress/egress
to a collector or arterial road.
6.
Light fixtures for the illumination of parking and service areas
shall be designed to minimize illumination levels to zero footcandles
when measured from an adjacent lot line. Lighting levels shall be
reduced by 1/2 their standard operating power between 11:00 p.m. and
6:00 a.m.
7.
At no time shall any training activities and/or supply materials
be permitted to be stored outdoors.
8.
For parking demands greater than 300 automobiles, additional setbacks,
screening and buffering of off-street parking and loading areas may
be required to be provided in order to protect the surrounding neighborhood
from inappropriate noise, dust, light and other disturbances.
9.
The owner and operator of the facility shall incorporate best management
practices (BMPs) for erosion and sedimentation control as described
in the DEP Erosion and Sediment Pollution Control Program Manual (March
2012, as amended), and stormwater management as described in the DEP
Stormwater Best Management Practices Manual (December 2006, as amended)
in order to minimize nonpoint pollution from the activity. The applicant
shall submit a report describing the BMPs that will be used on the
site and notify the Township whenever a change is made to those BMPs.
Whenever a change is made to the BMPs used on the site, the owner
and operator shall certify that the new BMPs provide equal or greater
pollution prevention protection than the former management practice.
[Ord. 146, 1/10/2008]
2.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete or stone block paving material
to protect the surrounding neighborhood from appropriate dust and
other disturbances.
3.
An additional 10 feet of yard setback with landscape buffering a
minimum of six feet in height for off-street parking and loading areas
shall be provided.
4.
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-1544.
5.
A warehouse shall have one point of ingress and egress to an arterial
or collector street.
6.
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids shall
be permitted.
7.
The owner(s) and operator(s) of such facilities shall be responsible
for the conduct and safety of employees or visitors and shall be available
to respond to inquiries and promptly quell any disturbances caused
by employees and visitors.
8.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 14]
2.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete or stone block paving material
to protect the surrounding neighborhood from appropriate dust and
other disturbances.
3.
An additional 10 feet of yard setback with landscape buffering a
minimum of six feet in height for off-street parking and loading areas
shall be provided.
4.
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-1544.
5.
A wholesale facility shall have one point of ingress and egress to
an arterial or collector street.
6.
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids shall
be permitted.
7.
The owner(s) and operator(s) of such facilities shall be responsible
for the conduct and safety of employees or visitors and shall be available
to respond to inquiries and promptly quell any disturbances caused
by employees and visitors.
8.
To ensure public safety and health, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 15;
and by Ord. 173, 8/5/2014, § 2]
1.
In addition to all other required application materials, the applicant
shall provide the Township with a narrative describing the proposed
wind farm, including: an overview of the project; the project location;
the approximate generating capacity of the wind farm; the number,
representative types and height of the windmills to be constructed,
including their generating capacity, dimensions and respective manufacturers,
and a description of ancillary features.
2.
The applicant shall provide a copy of the application materials to
the Township emergency service providers, including the responsible
police department, Township-designated emergency medical services
provider and the volunteer fire departments located within the Township.
Prior to the issuance of a building permit for the wind farm, the
applicant shall provide the Township with an emergency response plan
for the wind farm that has been developed with and approved by the
above emergency service providers. The applicant shall coordinate
implementation of this emergency response plan for the wind farm with
the above emergency service providers.
3.
The applicant shall demonstrate that it is received all necessary
Federal, State, County and licenses, permits and approvals to operate
a wind farm and related windmills.
4.
The design of the wind farm and related windmills shall conform to
applicable industry standards, including those of the American National
Standards Institute. The applicant shall submit certificates of design
compliance obtained by the equipment manufacturers from Underwriters
Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies,
and/or other similar certifying organizations.
6.
All wind farm facilities shall be equipped with a redundant braking
system. This includes both aerodynamic overspeed controls (including
variable pitch, tip and other similar systems) and mechanical brakes.
Mechanical brakes shall be operated in a fail-safe mode. Stall regulation
shall not be considered a sufficient braking system for overspeed
protection.
7.
All electrical components of the wind farm shall conform to relevant
and applicable local, state and national codes, and relevant and applicable
international standards. Any electrical equipment associated with
a wind farm shall be located under the sweep area of a windmill blade.
8.
The exterior surface of any visible components of a wind farm shall
be nonreflective, and of a nonobtrusive and neutral color (such as
white or off-white). Windmills and related facilities of a wind farm
located within one mile of each other must be of uniform design, including
tower type, color, number of blades, and direction of blade rotation.
9.
Windmills shall be of monopole construction to the greatest extent
possible. If monopole construction is not possible, then a windmill
must be of freestanding construction to the greatest extent possible.
If monopole or freestanding construction is not possible, then a windmill
may be guyed.
10.
No signs or lights shall be mounted on a wind farm facility or related
windmill, except: (A) those required by the Federal Aviation Administration
or other governmental agency which has jurisdiction; and (B) a clearly
visible warning sign concerning voltage must be placed at the base
of all pad-mounted transformers and substations. Visible, reflective,
colored objects, such as flags, reflectors, or tape shall be placed
on the anchor points of any guy wires and along the guy wires up to
a height of 15 feet from ground level.
11.
All on-site electric and other utility lines associated with a wind
farm shall be buried underground.
12.
Windmills shall not be climbable up to 15 feet above ground level.
All windmills shall be fitted with any anti-climbing devices recommended
by the windmill manufacturer for the type of installation proposed.
All access doors to windmills and electrical equipment shall be locked
or fenced, as appropriate, to prevent entry by nonauthorized persons.
13.
The minimum lot size for a wind farm shall be five acres.
14.
The applicant shall demonstrate that the proposed height of the proposed
windmill(s) is the minimum structure height necessary to perform its
function. The maximum structure height of a windmill shall be 100
feet, measured from ground level to the highest point of the blade
and/or structure; provided, however, that such height may be increased
by no more than an additional 100 feet as long as an independent,
certified engineer retained as provided herein expresses an opinion
that the additional height is necessary for the proposed windmill(s)
to perform its function. Regardless of height, all windmills shall
remain subject to the setback requirements contained in this section.
|
For any proposed windmill with a structure height in excess
of 100 feet, the applicant shall deposit with the Township an engineering
review deposit as may be deemed necessary by the Township Engineer,
which deposit shall be in addition to any other required application,
deposit and/or engineering fees. This deposit shall be used by the
Township to retain an independent, certified engineer knowledgeable
in the field of wind farms and windmills to review the application
and to express an opinion as to the minimum structure height necessary
for the proposed windmill to perform its function. In the event that
the fees actually incurred for said engineering review exceed the
amount of the deposit, the applicant shall tender payment of the balance
owed. In the event that the fees actually incurred for said engineering
review are less than the amount of the deposit, the balance shall
be refunded and/or credited to the applicant.
|
15.
The blade of a windmill shall be located at least 30 feet above the
adjacent ground level.
16.
The wind farm, windmills and related facilities shall comply with
the following setback requirements. For the purposes of this section,
"nonparticipating landowner" shall mean any landowner except those
on whose property all or a portion of a wind farm is located, and
"occupied building" shall mean a residential dwelling, school, hospital,
place of worship, public library or other building used for public
gathering that is occupied or in use when the conditional use application
is filed.
A.
Windmills shall be set back from occupied buildings a distance not
less than the normal setback requirements for the relevant zoning
district or 1.2 times the windmill structure height, whichever is
greater. The setback distance shall be measured from the center of
the windmill base to the nearest point on the foundation of the occupied
building.
B.
Windmills shall be set back from the property lines of a nonparticipating
landowner a distance not less than 500 feet or 1.2 times the windmill
structure height, whichever is greater. The setback distance shall
be measured from the center of the windmill base.
C.
Windmills shall be set back from public streets a distance not less
than the normal setback requirements for the relevant zoning district
or 1.2 times the windmill structure height, whichever is greater.
The setback distance shall be measured from the center of the windmill
base to the nearest street right-of-way line of the public street.
D.
Windmills shall be set back from above-ground utility lines a distance
not less than 1.2 times the windmill structure height as measured
from the center of the windmill base to the nearest utility right-of-way
line.
E.
The occupied building and nonparticipating landowner property line
setback requirements of paragraphs .A and .B above shall not apply
if the owner of the subject occupied building and/or the nonparticipating
landowner executes an easement agreement with the owner of the property
on which the windmill is located which grants a lesser setback. This
easement agreement shall comply with the following requirements:
(1)
The easement agreement shall be recorded with the Allegheny
County Department of Real Estate, or its successor agency.
(2)
The easement agreement shall specifically reference the setback
required by this chapter, describe how the windmill is not in compliance
with this required setback, and state that consent and an easement
is granted for the windmill to not be setback as required by this
chapter.
(3)
The easement agreement shall describe the properties benefitted
and burdened.
(4)
The easement agreement shall advise all subsequent purchasers
of the burdened property that easement shall run with the land and
may forever burden the subject property.
17.
Windmills shall be separated from each other by a sufficient distance
so that one windmill does not interfere with another windmill.
18.
All equipment buildings and electrical/mechanical equipment related
to the wind farm shall comply with the yard, setback, height and other
requirements and restrictions applicable to a principal structure
located in the same zoning district and shall be enclosed with a six-foot
fence. The exterior of this fenced area shall be landscaped so as
to screen the equipment building and electrical/mechanical equipment
from abutting properties.
19.
Audible sound and noise from a wind farm and its related facilities
shall not exceed 60 dBA, as measured at the exterior of any occupied
building or a nonparticipating landowner's property. Methods of measuring
and reporting acoustic emissions from wind farms and windmills shall
be equal to or exceed the minimum standards for precision described
in AWEA Standard 2.1, latest edition, titled Procedures for the Measurement
and Reporting of Acoustic Emissions from Wind Turbine Generation Systems
Volume I: First Tier, as amended and revised.
20.
The owner and operator of the wind farm shall take such reasonable
steps as are necessary to prevent, mitigate and eliminate windmill
shadow flicker on occupied buildings and the property of nonparticipating
landowners.
21.
The owner and operator of the wind farm shall take such reasonable
steps as are necessary to prevent, mitigate and eliminate any disruption
or loss of radio, telephone, television or similar signals.
22.
The applicant, owner and/or operator of the wind farm shall maintain
a current general liability insurance policy covering bodily injury
and property damage with limits of at least $1,000,000 per occurrence
and $1,000,000 in aggregate covering the wind farm and all facilities
related thereto. A certificate of insurance evidencing this general
liability insurance coverage shall be submitted to the Township in
a form acceptable to the Township Solicitor.
23.
If a wind farm or individual windmill remains unused for a period
of 12 consecutive months, then the owner and operator shall, at its
expense, dismantle and remove the wind farm or subject windmill within
six months of the expiration of such twelve-month period. The owner
and operator shall also comply with the following requirements:
A.
The owner and operator shall remove the windmill(s) and related buildings,
cabling, electrical/mechanical equipment, foundations to a depth of
36 inches, roads and any other associated facilities.
B.
Disturbed earth shall be graded and re-seeded.
C.
If the owner and/or operator of the wind farm fails to remove the
wind farm or subject windmill and reclaim the site as required by
this section, then the Federal, State, County or Township may remove
or cause the removal of the wind farm or subject windmill and reclamation
of the site. Any removal or reclamation cost incurred by the Federal,
State, County or Township that is not recovered from the owner and/or
operator of the wind farm shall become a lien on the property where
the removal or reclamation takes place and may be collected from the
owner of the subject property in the same manner as property taxes.
D.
At the time of application for the conditional use, the applicant
shall provide the Township with a statement executed by the owner(s)
of the wind farm and the property on which the wind farm acknowledging
that the owner of the subject property is financially responsible
if the owner of the wind farm fails to reclaim the site as required
in this section and that any removal and reclamation costs incurred
by Federal, State, County or Township will become a lien on the subject
property and may be collected from the owner of the subject property
in the same manner as property taxes.
24.
Any physical modification to an existing and permitted wind farm
that materially alters the size, type and number of windmills or other
equipment, except a like-kind replacement, shall require the developer
to apply for and obtain conditional use approval.
25.
Access to the wind farm shall be provided in accordance with the standards of Part 6 of the Subdivision and Land Development Ordinance [Chapter 22]. The standards, requirements and restrictions of Part 6 of the Subdivision and Land Development Ordinance [Chapter 22] shall apply regardless of whether or not the wind farm, windmill(s) and/or related facilities are considered to constitute a subdivision and/or land development.
26.
The applicant shall demonstrate the number of off-street parking
requirements needed for the wind farm by providing the Township with
a traffic/parking study prepared by a qualified traffic/parking engineer
demonstrating the need for off-street parking based upon specific
accepted engineering principles and manuals.
[Ord. 146, 1/10/2008]
1.
The proposed use will not endanger the public health, safety or welfare
if located where proposed, and that the use will not deteriorate the
environment or generate nuisance conditions such as traffic congestion,
noise, dust, smoke, glare or vibration.
2.
The proposed use meets all applicable dimensional and lot and yard
regulations for the I Industrial District, all other express standards
and criteria for comparable uses, and any requirements of this chapter
for the I Industrial District.
3.
The proposed use is harmony with the area in which it is proposed.
4.
The proposed use is an appropriate use on the proposed site.
5.
The proposed use is in compliance with all other standards of this
chapter and all other Township ordinances.
[Ord. 146, 1/10/2008; as added by Ord. 170, 6/5/2012, § 2]
1.
The applicant shall establish compliance with the following criteria and any other applicable provisions of Part 15 of this chapter, as well as § 27-1623 ("Performance Standards") of the Frazer Township Code of Ordinances, except to the extent that those provisions conflict with the Pennsylvania Oil and Gas Act, 58 Pa.C.S.A. § 2301 et seq.
2.
Natural Gas Compressor Stations shall be located a minimum of 750
feet from the nearest existing building or 200 feet from the nearest
lot line, whichever is greater, unless waived by all owner(s) of the
building(s) or the owner(s) adjoining lot(s) located within the applicable
minimum distance.
3.
The noise level of a Natural Gas Compressor Station shall not exceed
a noise standard of 60dbA at the nearest property line or the applicable
standard imposed by Federal law, whichever is less.
4.
The applicant shall comply with all provisions of the Oil and Gas
Act.
5.
Any provision or part thereof contained herein which conflicts with
the Oil and Gas Act shall be inapplicable only to the extent of such
conflict.
[Ord. 146, 1/10/2008; as added by Ord. 170, 6/5/2012, § 3]
1.
The applicant shall establish compliance with the following criteria and any other applicable provisions of Part 15 of this chapter, as well as § 27-1623 ("Performance Standards") of the Frazer Township Code of Ordinances, except to the extent that those provisions conflict with the Pennsylvania Oil and Gas Act, 58 Pa.C.S.A. § 2301 et seq.
2.
Natural Gas Processing Plants shall be located a minimum of 750 feet
from the nearest existing building or 200 feet from the nearest lot
line, whichever is greater, unless waived by all owner(s) of the building(s)
or the owner(s) adjoining lot(s) located within the applicable minimum
distance.
3.
The noise level of a Natural Gas Processing Plant shall not exceed
a noise standard of 60dbA at the nearest property line or the applicable
standard imposed by Federal law, whichever is less.
4.
The applicant shall comply with all provisions of the Oil and Gas
Act.
5.
Any provision or part thereof contained herein which conflicts with
the Oil and Gas Act shall be inapplicable only to the extent of such
conflict.
