[Added 1-27-2016 by Ord.
No. 224]
A.
Applicability.
(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 section. Applications for conditional uses shall be deemed administratively complete upon submission of all items set forth in § 400-69 of this chapter.
(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, the Planning Commission shall
conduct a review of the location, design, configuration, and potential
impact of the proposed use by comparing the proposed use to established
development standards and design guidelines. This review shall determine
whether the proposed use addresses the specific standards identified
in this section and whether it should be permitted, by weighing the
unique impacts of the proposed use with respect to its location and
scale with that ordinarily and customarily expected for the type of
use or establishment authorized.
B.
General conditional use standards. Before approving a conditional
use application, the Board of Supervisors shall determine that the
proposed use complies with the following general standards and criteria,
which are in addition to any other requirements in this chapter for
a specific type of use or development:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
The proposed use and site provide 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.
(7)
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.
(8)
The proposed use provides landscaping, screening and buffer areas
sufficient to protect the use, enjoyment and development of adjacent
properties.
(9)
The proposed use is reasonably consistent with the Township's
Comprehensive Plan as amended and readopted.
C.
Application procedures.
(1)
An application for conditional use approval in accordance with § 400-69 of this chapter shall be filed with the Zoning Officer, on forms prescribed by the Township, by no later than 11:00 a.m., prevailing time, at least 21 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.
(2)
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.
(3)
Revised applications for conditional use approval shall be filed
with the Zoning Officer by no later than 11:00 a.m., prevailing time,
at least 21 days prior to the date of the Planning Commission or Board
of Supervisors meeting in order to be considered at that meeting.
(4)
The Planning Commission shall review the application and forward
its recommendation to the Board of Supervisors.
(5)
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.
(6)
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.
(7)
In granting a conditional use, the Board of Supervisors may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purposes
of this chapter and the MPC.
(8)
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.
(9)
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, approved and filed. 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.
D.
Expiration of approval.
(1)
The
grant of a conditional use shall expire two years 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 a
zoning use permit or a zoning occupancy permit, whichever is required
first, and has commenced the use which is the subject of the conditional
use approval.
(2)
Expiration
of the conditional use approval under this section shall require the
applicant to reapply for conditional use approval
A.
Adult-oriented uses.[1] This use shall be subject to the following express standards
and criteria, and to any other standards and criteria generally applicable
to conditional uses in the Township of Fallowfield:
(1)
Adult-oriented uses may be established only in an I-2 District.
(2)
An adult-oriented use and its premises, owners, operators, employees
and performers must register with and be licensed by Fallowfield Township
pursuant to all applicable state and local ordinances, rules, regulations
and laws and remain in compliance therewith.
(3)
No adult-oriented use can be located within 500 feet of a preexisting
residence, school, hospital, day-care center, nursing home, sanitarium,
group home, retirement or convalescent home, personal care home, public
park, church, establishment which is licensed to sell alcoholic beverages
or other adult-oriented uses.
(4)
No adult-oriented use can be located within 1,000 feet of an area
zoned residential.
(5)
No viewing booth shall have a door nor be otherwise located so as
to prohibit the unfettered observation of the actions and conduct
of all persons located therein.
(6)
No person under the age of 18 shall be permitted on the premises
of an adult-oriented use.
(7)
No adult-oriented use shall be open for business before 9:00 a.m.,
Monday through Saturday, nor after 10:00 p.m., Monday through Saturday.
Adult-oriented uses may not be open for business on Sundays nor legal
holidays.
(8)
No person may appear in a nude condition in an adult-oriented use
unless that person is an employee who, while in such condition, shall
be at least 10 feet from any patron or customer and on a stage at
least two feet from the floor.
(9)
Any adult-oriented use found to be in violation of this chapter,
as amended, shall be subject to the enforcement penalties provided
for in this chapter and the Municipalities Planning Code.
B.
Banquet facility.
(1)
The banquet facility shall be located on a lot with a minimum of
five acres.
(2)
The establishment shall directly access a collector or arterial street.
(3)
All parking facilities shall be set back at least 75 feet from all
property lines adjoining lots in the A-1 or R Districts.
(4)
Outside ceremonies and functions shall not occur within 125 feet of any from all property lines adjoining lots in the A-1 or R Districts and shall be limited from dawn to dusk and shall not exceed the limitations set forth in the performance standards of this chapter as set forth in § 400-42, Performance standards.
(5)
Other than incidental outside activities such as wedding ceremonies
and similar events customarily occurring at a banquet facility, entertainment
and primary dining functions shall occur within a completely enclosed
building.
C.
Bed-and-breakfast.
(1)
The minimum lot area shall be two acres.
(2)
All rooms and related facilities provided for transient guests shall
be regular, integral components of the principal dwelling.
(3)
The operator of the bed-and-breakfast must own at least a twenty-five-percent
interest in the real property upon which the bed-and-breakfast use
is operated and shall be a full-time resident of that property.
(4)
No more than six guest sleeping rooms shall be available and/or utilized
at any one time for the transient guests.
(5)
Each guest sleeping room shall be a minimum of 100 square feet in
area, excluding closets.
(6)
No meals, other than breakfast, shall be served on the premises,
nor shall breakfast be served to groups or individuals who are not
guests of the facility.
(7)
One off-street parking space shall be provided on the lot or parcel
for each guest sleeping room, plus two additional parking spaces shall
be provided for the owner/resident. Parking spaces shall not be placed
within the required rear or side yard setbacks. The parking spaces
shall be screened from adjoining properties by a compact hedge or
fence six feet in height.
(8)
Sharp cutoff luminaires shall be used for all exterior lighting except
that decorative seasonal lighting shall be exempt from this requirement.
(9)
The applicant shall document the capacity of on-lot sewage treatment
and/or adequacy.
(10)
As part of the conditional use application process, the facility
shall be inspected by the Township Zoning Officer and Fire Marshal
(or agent thereof) to evaluate egress, fire hazard potential, fire
escape provisions and fire escape routes for the guests. Each guest
room and each hallway of the facility shall be equipped with a smoke
detector and fire alarm device. No certificate of occupancy for the
facility shall be issued until the respective officers have given
approval of the fire provisions and fire warning devices. Each room
shall also be posted with a fire evacuation route.
D.
Billboards.
(2)
Minimum lot width: 60 feet.
(4)
Separation between billboards: No such billboards shall be located
within 1,500 feet in any direction of any other existing or proposed
billboard.
(5)
Maximum sign area.
(a)
Per billboard. The area of a billboard shall not exceed 376
square feet with only single-face signs permitted.
(b)
Per lot or site. If a lot or site has an existing or proposed
billboard located thereon, and the square footage of such sign is
equal to or in excess of the maximum allowable in accordance with
maximum total sign area per lot or site, then the lot or site shall
not be permitted any additional signage of any type whether freestanding
or building.
(6)
Maximum height. The height of a billboard shall not exceed 35 feet
to the top of the sign.
(7)
Design. All billboards shall be attached to the ground by a single
vertical metal or concrete post, pillar, pole, or column.
(8)
Illumination. Illumination of billboards shall be by external illumination
only, but no direct ray of light shall extend beyond the face of the
sign.
(9)
Owner identification. All billboards shall be identified on the structure
with the name and address of the owner of such sign.
(10)
Landscaping requirements.
(a)
A decorative landscaped strip shall be located immediately adjoining
the supporting structure of the billboard and extending a minimum
of five feet from the sign in all directions.
(b)
A hedge or other durable planting of at least two feet in height
shall extend the entire length and breadth of the required landscaped
strip.
(c)
The rear side of a single-faced billboard shall be of one color
and screened by existing or natural landscaping materials or by a
planting of evergreen trees at least six feet tall.
(d)
Two ornamental trees shall be planted within the required landscaped
strip.
E.
Campgrounds.
(1)
The minimum lot size for all campgrounds shall be 50 acres.
(2)
In no case shall there be more than 10 campsites per acre within
the campground.
(3)
All campsites shall be located at least 100 feet from any side or
rear property line and at least 100 feet from any street line.
(4)
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining properties by Bufferyard "A" as set forth in § 400-49 of this chapter. All outdoor play areas shall be used exclusively by registered guests and their visitors.
(5)
A fifty-foot-wide bufferyard shall be provided adjacent to all property lines and public road right-of-way lines. The bufferyard shall contain suitable plantings of vegetation which create an effective screen. In addition, the bufferyard shall meet all pertinent standards specified under § 400-49 of this chapter.
(6)
All campgrounds shall furnish centralized completely enclosed sanitary
and garbage collection facilities that are leakproof and verminproof
that shall be set back a minimum of 200 feet from any property line
and shall be screened.
(7)
Any accessory retail or accessory commercial uses shall be set back
a minimum of 200 feet from any property line. Such accessory retail
or commercial uses shall be solely designed and constructed to serve
the campground's registered guests and their visitors. Any parking
spaces provided for these retail or commercial uses shall have vehicular
access from the campground's internal road rather than the public
street. All accessory retail and commercial uses and related parking
spaces shall be screened from adjoining properties.
(8)
Any reference to accessory commercial or recreational facilities
in the campground signage shall remain secondary in size to the reference
to the principal campground use.
(9)
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities.
(10)
Every campground shall have an office and a public phone. The
public phone shall be accessible 24 hours per day, and the office
shall be staffed 24 hours per day.
(11)
All water facilities, sewage disposal systems, restrooms, solid
waste disposal and vermin control shall be approved and maintained
in accordance with the requirements of the PA DEP.
(12)
All lighting shall be arranged and shielded so that no glare
of direct illumination shall be cast upon adjacent properties or public
streets.
(13)
All campgrounds containing more than 100 campsites shall have
vehicular access to an arterial or collector street as identified
in this chapter.
(14)
An internal road system shall be provided. The improved cartway
width of one-way access drives shall be at least 12 feet, and the
improved cartway width of two-way access drives shall be at least
20 feet. On-drive parallel parking shall not be permitted.
(15)
Roads and accessways shall be provided in such a manner so that
ingress and egress for each campsite lot can be had without encroaching
or entering upon any other campsite lot.
(16)
The minimum area of a campsite shall be 2,500 square feet and
shall be so dimensioned, improved, and arranged that when occupied
no part of any unit including accessory attachments shall be within
10 feet of any designated campsite lot line.
(17)
Each campsite may be occupied only by one recreational vehicle
or one trailer or one camper or one tent, or two tents, or one recreational
vehicle and one tent, or one trailer and one tent, or one camper and
one tent, and shall have one stabilized parking space large enough
for at least one RV and one automobile.
(18)
No permanent structures shall be permitted on any campsite other
than fireplaces.
(19)
No recreational vehicle may be parked within a campground for
more than 90 consecutive days. No recreational vehicle which has been
parked in a campground may return to that campground for a period
of at least 90 days.
(20)
No persons shall be permitted to permanently reside on any campsite.
(21)
A fire prevention and protection plan approved by the local
Fire Chief having jurisdiction shall be submitted with an application.
F.
Cemetery, mausoleum.
(1)
Minimum site area shall be 25 contiguous acres.
(2)
All structures shall be a minimum of 100 feet from property boundaries.
(3)
All vehicular points of access shall be subject to the approval of
the Township of Fallowfield and the Pennsylvania Department of Transportation.
(4)
No crematory facilities shall be authorized in conjunction with the
establishment of a cemetery.
G.
Club.
(1)
Other than those specifically authorized pursuant to standards of
this section, all other outdoor activities shall be subject to those
standards and limitations otherwise applicable to outdoor commercial
facilities as set forth in this article.
(2)
All principal structures shall be set back at least 75 feet from
all lot lines.
(3)
Shooting ranges are authorized, subject to the following regulations:
(a)
Minimum lot area: 10 acres.
(b)
Minimum lot width: 300 feet.
(c)
The land development plan shall show the shot fall zone in accordance
with the National Rifle Association (NRA) guidelines for various types
of ranges (NRA Range Development Manual). Adjacent areas must be predominantly
undeveloped and the range area must be at least 200 feet from any
property or street right-of-way line or in accordance with the shot
fall zone and the guidelines of the NRA.
(d)
The shot fall zone must also be located at least 1,000 feet
from any property lines.
(e)
An earthen background berm must be provided within 20 feet of
the farthest target post to prevent wild or ricocheting bullets or
wild or stray arrows. The berm shall meet the following requirements.
[1]
The berm shall have a slope of not less than one vertical to
two horizontal and must extend at least eight feet above the ground
level of the highest target.
[2]
The crest of the berm at the eight-foot-minimum height limit
shall be at least four feet in width as measured between the wall
of the berm facing the range and the opposite wall.
[3]
Earthen side berms must be provided immediately adjacent to
the range and shall extend from the firing line to the background
berm.
(f)
Only targets mounted on target posts shall be permitted. No
targets of any kind shall be set directly on the ground.
(g)
Warning signs must be posted at least 10 feet from the outside
of the berm of sufficient size to be read outside the shot fall zone.
(h)
The firing range shall be free of gravel and other hard surface
materials and be adequately drained.
(i)
Adult supervision must be provided for children under 16 years
of age.
(j)
Hours of operation shall be limited for trap, skeet, rifle and
pistol ranges to daylight hours, Monday through Saturday, with no
Sunday operations.
H.
Coal mine adjunct facilities. This use shall be subject to the following
express standards and criteria, and to any other standards or criteria
generally applicable to conditional uses in the Township of Fallowfield;
as well as any other standards as deemed within the interest of the
general health, safety and welfare of the Township by the Board of
Supervisors:
(1)
The application shall include a development and operation plan. The
following information, and all other data deemed appropriate and necessary
to demonstrate that the intent and purposes of this chapter will be
achieved shall be included.
(a)
A description of the character, appearance, timing, extent and
duration of the proposed operation, including maps and plans showing
the location of the site, all access routes from public roads and
area of the proposed activity.
(b)
The location and identity of all structures and land uses that
will or may be affected by the proposed operation, and measures that
will be taken to protect all surrounding structures, inhabitants,
and land uses from adverse impacts from the proposed use.
(c)
Plans for restoring and reclaiming all involved areas following
discontinuance of the underground mining.
(d)
A description of plans for: transportation of materials and
equipment to construct a facility; or the measures that will be taken
to maintain all Township roads within the Township that are used to
transport any materials and equipment; and any and all procedures
repairing any damages to the roads which may occur as a result of
this activity.
(e)
A description of how the proposed use and facility will meet
all applicable regulations concerning construction standards, sewage
disposal, water supply, and fire protection.
(f)
A site plan of the proposed facility showing all structures,
facilities, accessways, fencing and screening provisions.
(2)
The site location of each bore hole shall be constructed and landscaped
in a manner appropriate to the district in which it is located. The
lot for a bore hole shall not be less than 1/2 acre, and such bore
hole shall not be located within 100 feet of any property line. Open
areas shall be covered with an appropriate vegetative material, and
the property shall be maintained. Every ventilating shaft, including
all structures intended to supply air or power to underground coal
mines, shall be constructed and landscaped in a manner appropriate
to the district in which it is located. The lot for a ventilating
shaft shall not be less than one acre, and such ventilating shaft
shall not be located within 100 feet of any property line. Open areas
shall be covered with an appropriate vegetative material and properly
maintained.
(3)
Noise which is determined to be objectionable because of the volume
or frequency of same shall be muffled or otherwise controlled, except
for fire sirens or related apparatus that are used solely for public
safety purposes. Additionally, noise that occurs or is generated on
a regular, frequent, or periodic basis that is in excess of 60 dBA
as measured on a decibel or sound level meter of standard quality
design operated on the A-weighting scale at any property line (and/or
beyond any such property line) which originates on the property of
which the noise source is located shall not be permitted.
(4)
All uses shall be completely enclosed by a metal fence not less than
six feet high, with a top capping above the height of six feet (above
ground level), to be constructed of appropriate security material
in such a manner so as to prevent the entry by unauthorized persons,
domestic animals or livestock.
(5)
The site shall be fenced or screened or both to the extent deemed
necessary by the Township so as to provide security and protect adjacent
properties. As to the screen or screening, the same shall have a height
adequate to achieve its purpose. Plant materials used for screening
shall consist of dense evergreen plants. They shall be of a kind or
used in such a manner so as to provide a continuous, opaque screen
within 12 months after commencement of operations in the area. The
governing body may require that either new planting or alternative
screening be provided, if after 12 months the plant materials do not
provide an opaque screen. For each use that is adjacent to or considered
by the Board of Supervisors to be visibly or environmentally detrimental
to the use of any structure used for residential, human habitation,
sleeping, cultural, social, educational, recreational, religious,
or similar residential related purpose, there must be preserved a
strip of land for screening purposes on any side of the tract on which
the residential or related use is situate. The preserved strip shall
be a minimum 30 feet in width. The foregoing is a minimum requirement.
(6)
The applicant shall have acquired sufficient legal or equitable interest
in the real property in which the site of the adjunct coal mine facility
is located to provide a basis for seeking the use permits.
(7)
The applicant shall have obtained from each appropriate state and
federal regulatory agency or authority a permit issued in accordance
with all applicable state and federal laws and regulations for the
proposed use. In the event such permits have not been issued at the
time the Township zoning approval is requested, the applicant's
zoning approval shall be expressly conditioned on the grant of necessary
permits as required by the above state and federal agencies or authorities.
At the time of making application of such federal or state authorities,
the applicant shall file with the Township secretary a copy of each
state or federal application with supporting documentation for the
proposed use.
(8)
All uses in conjunction with the conditional use permit issued by
the Township Supervisors pursuant to this section shall comply with
the following additional performance standards:
(a)
Compliance with all of the plans submitted to the Township as
part of the application for the conditional use permit.
(b)
Compliance with all state and federal laws and regulations relating
to the approval, development and operation of the underground coal
mine and the related coal mining adjunct operations.
(c)
The correction within the time specified of any violation by
the mine owner or operator of any local, state or federal law, regulation,
rule, or enforcement order or any condition to any permit, license,
or authorization of authority issued in connection with the underground
mine or the conditional use.
(d)
Compliance with any and all other Township ordinances that are
relevant to related coal mining adjunct operations.
(9)
The applicant shall post a bond, in favor of the Township and in
an amount deemed sufficient by the Township, so as to insure compliance
with the conditional use provisions provided herein, as well as any
other conditions as imposed by the Board of Supervisors. The term
of the bond shall begin on the date the zoning certificate is issued.
The bond shall be returned to the operator upon completion of all
operations and upon completion of any reconstruction or reclamation
necessary to restore the site to its original condition. Any failure
to comply with the conditions as provided in this chapter or as imposed
by the Board of Supervisors, upon notice by the Zoning Officer, and
upon failure to correct by the operator within a reasonable time,
but in no event later than 30 days from the date of the notice, shall
result in forfeiture of the bond.
I.
Coal mine entrance. This use shall be subject, in addition to the provisions for coal mining adjunct facilities as enumerated herein except for Subsection H(4) above, to the following express standards and criteria and to any other standards or criteria generally applicable to conditional uses in the Township of Fallowfield, as well as any other such standards as deemed within the interest of the general health, safety and welfare of the Township by the Board of Supervisors:
(1)
There shall be no mine entrance within 200 feet of the bank of any
stream or natural water force identified on maps prepared by United
States Geologic Survey (USGS). This requirement shall not apply to
access roads.
(2)
Any mine entrance shall be prohibited in watersheds of rivers or
streams now or hereafter designated by the Pennsylvania Fish Commission
as a weltered trout stream, by the Pennsylvania Department of Environmental
Protection as part of the scenic rivers system or designated under
the federal Wild and Scenic Rivers Act.[2]
[2]
Editor's Note: See 16 U.S.C. § 1271 et seq.
(3)
No mine entrance shall be conducted within 500 feet of any public
building, school, church, community, or institutional building, commercial
building, public park or private recreational area. This requirement
shall not apply to access roads.
(4)
There shall be no mine entrance within 300 feet of the outside right-of-way
line of any public road, except for access roads or roads that join
the right-of-way line of the public road and where the appropriate
state or federal agency having jurisdiction over the conduct of the
mine entrance operations shall permit in accordance with law.
(5)
There shall be no mine entrance which will adversely affect any publicly
owned park or places including those on the National Register of Historic
Places, unless approved by the governmental agency with jurisdiction
over the park or historic site.
(6)
There shall be no mine entrance within 300 feet of a cemetery.
(7)
There shall be no mine entrance within 500 feet of any occupied dwelling,
unless the consent of the owner of the dwelling has been obtained
in advance of the filing of the application for zoning approval, but
in no event shall any mine entrance be located within 300 feet of
any occupied dwelling. This requirement shall not apply to access
roads.
(8)
The applicant shall present expert testimony to demonstrate that
the proposed mine entrance will not adversely affect any of the following:
(9)
The applicant shall present expert testimony to demonstrate the use
of explosives, if proposed, shall not cause injury to any adjacent
structures or shall not substantially diminish underground water resources.
(10)
If blasting is to be undertaken, a seismograph shall be placed
on the site of the operation during all times that blasting is performed
and shall be monitored by an independent engineering consultant whose
credentials are acceptable to the Township and whose fee is paid by
the applicant.
(11)
The applicant shall provide reclamation plans for the site which
demonstrate that the condition of the land after the operation is
completed will allow economically and ecologically productive uses
of the type permitted in the district in which the site is located.
Acceptance of the reclamation plan shall not constitute approval of
any aspect of any future development plan.
(12)
The applicant shall show the proposed routes of all trucks to
be utilized for hauling and the estimated weights of such trucks.
The applicant shall comply with designated weight limits on Township
roads and shall design the hauling routes for the mineral from the
mine entrance to minimize the impact on local roads within the Township.
(13)
The operator shall post a bond in favor of the Township and
in a form acceptable to the Township prior to beginning operations
in the amount of $100,000 for each mile of the Township road or portion
thereof proposed to be accessed for the mine entrance. The term of
the bond shall begin on the date the zoning certificate is issued.
The bond shall be returned to the operator upon completion of all
operations, any back filling and any reconstruction of a damaged roadway
due to excess weight in excess of the posted weight for the road.
Any failure to complete the repair or reconstruction required by this
chapter, within a reasonable time but in no event later than 30 days
from the date upon which notice is given to the operator, shall result
in the forfeiture of the required bond. Those portions of the Township
roads which have been damaged shall be determined by inspection of
the Township Engineer and shall be reconstructed to current Township
specifications for street construction. Prior to commencement of any
operations, the Township Engineer shall conduct any inspection of
any Township road or any portion thereof proposed to be accessed for
the operation, and shall submit a report as to the condition of same
to the Township Supervisors.
(14)
No surface structure shall be located within 100 feet of an
existing property line and said setback distance shall include a thirty-foot
buffer area along the common property lines wherein the same shall
be 30 feet in depth as measured from the property line. The setback
requirements herein set forth shall not apply to access roads. All
structures shall comply with the standards regarding noise as is determined
to minimize noise impacts on joining property, as contained herein
within this chapter.
(15)
The applicant shall comply with all applicable Township, county,
state and federal rules, ordinances, statutes and regulations and
shall show evidence of satisfaction of the same, including proof of
required insurance coverage by said entities, before initiating any
work and/or operating, maintaining or otherwise using the premises.
Furthermore, the applicant shall provide proof of compliance of the
same throughout the period of operation or activity by the applicant,
its successors and/or assigns. Said proof of ongoing or subsequent
compliance shall be provided by the applicant to the Township upon
demand. Any suspension or revocation of the necessary approvals or
permits shall result in the suspension and/or revocation of the zoning
approval and/or conditional use approval, and therein the applicant,
its heirs, assigns, and successors shall be subject to the enforcement
and/or penalty provisions of this chapter.
(16)
If completion of construction of the approved conditional use
has not been completed within one year from the date of its authorization,
the same shall expire and be terminated unless an application for
renewal has been submitted prior to the expiration date. Therein,
said renewal application may be granted by the Zoning Officer upon
demonstration by the applicant that all conditions of the conditional
use approval and/or any subsequent renewals have been met and, not
by way of limitation, all conditions or permits of the other regulatory
agencies remain in full force and effect and that the applicant is
and has been diligently pursuing the completion of the same. Upon
expiration or revocation of the conditional use permit, or any renewal
thereof, the right of the applicant to continue said use or activity
shall terminate and the applicant shall not be permitted to engage
in any further activity that is otherwise governed by the conditional
use requirements until a new conditional use permit has been granted.
Any renewals shall be for a period of one year from the date of its
authorization.
(17)
Parking for the employees and/or other individuals associated
with or utilizing the mine entrance must meet any and all requirements
applicable within this chapter.
(18)
The applicant must demonstrate compliance with any and all local
and state provisions or regulations concerning public sanitation and/or
sewage.
(19)
The height of any structures must be constructed in a manner
appropriate and consistent as to other like structures in the surrounding
area.
(20)
The applicant must provide the Township with a detailed traffic
study and/or sufficient information on road travel, congestions, or
any other such increases in traffic to the area so as to demonstrate
that the proposed use will not cause undue hazard or annoyance to
surrounding parcels.
(21)
Any and all parking lots, roadways, or access routes must be
paved in accordance with all local and state regulations.
(22)
Any and all exterior lighting must be constructed in such a
manner so as not to create an undue nuisance or interference with
any use or enjoyment of the property rights of the surrounding property
owners.
(23)
The applicant must meet any and all other terms or conditions
deemed within the interest of the general health, welfare and safety
of the residents of the Township of Fallowfield by the Board of Supervisors.
(24)
Any access route leading into or out of the mine entrance facility
shall be properly gated and adequate security measures shall be included
to maintain the safety and security of the site.
(25)
Any dust, debris or particulate matter emanating from the facility
should be controlled in such manner as to minimize any effect on adjacent
properties.
J.
Coal mine conveyer. This use shall be subject to the following expressed
standards and criteria, and any other standards or criteria generally
applicable to conditional uses in the Township of Fallowfield:
(1)
The conditional use application shall include the site plan, drawn
to scale, of the entire proposed conveyer system as located within
the Township. The following information, and all other data deemed
appropriate and necessary to demonstrate that the intent and purposes
of this chapter will be achieved, shall be included:
(a)
The physical location of the proposed facility showing all structures,
facilities, fencing, screening, and related structures from the beginning
point to the system's termination point.
(b)
Contours at minimum interval of 20 feet.
(c)
A delineation of the conveyer right-of-way routing which identifies
parcels of ownership, easement, or other instruments or agreements
by which access in use will be achieved.
(d)
The location of all public and private rights-of-way which traverse
the conveyer corridor.
(e)
The location and identity of ownership of all structures and
land uses that will or could possibly be affected by the proposed
facility.
(f)
A listing of provisions and measures that will be utilized to
protect persons, properties and activities from adverse impacts resulting
from the proposed construction and use of the conveyer facility. Fencing
or other security measures may be specified by the Township Supervisors
if they determine that there is a reasonable possibility that dangerous
condition will be created with respect to persons or property as a
result of the construction and/or operation of the facility.
(2)
Documentation shall be submitted to verify ownership, easements,
or other instruments or agreements for corridor access in use.
(3)
The conveyer corridor shall have a minimum width of 200 feet in A-1
Districts.
(4)
All surface areas of the corridor shall be covered with an appropriate
vegetative material, and the property shall be maintained at all times.
(5)
The conveyer shall be constructed in such a manner as to eliminate
the discharge or spillage of dust or other particulate matter.
(6)
The conveyer shall be constructed in such a manner as not to generate
noise on a regular, frequent or periodic basis that is in excess of
60 dBA as measured on a decibel or sound level meter of standard quality
design operated on the A-1 weighting scale and as measured at or beyond
any adjacent or abutting property line.
(7)
All uses in conjunction with the conditional use permit issued by
the Township Supervisors pursuant to this section shall comply with
the following additional performance standards:
(a)
Compliance with all of the plans submitted to the Township as
part of the application for the conditional use permit.
(b)
Compliance with any and all state and federal laws and regulations
relating to the approval, development, and operation of the facility.
(c)
The correction within the time specified of any violation by
the mine owner or operator of any local, state or federal law, regulation,
rule, or enforcement order or any condition to any permit, license,
or authorization of authority issued in connection with the underground
mine or the conditional use for the conveyer.
(8)
The applicant shall obtain as required from each appropriate state
and federal regulatory agency or authority a permit issued in accordance
with all applicable state and federal law and regulations for the
proposed use. In the event that any required permits have not been
issued at the time Township zoning approval is requested, the zoning
approval shall be expressly conditioned on the grant of necessary
permits. At the time of making application to such federal or state
authorities, the applicant shall file with the Township Secretary
a copy of each state or federal application with supporting documentation
for the proposed use.
(9)
The applicant shall post a bond, in favor of the Township and in
an amount deemed sufficient by the Township, so as to insure compliance
with the conditional use provisions provided herein, as well as any
other conditions as imposed by the Board of Supervisors. The term
of the bond shall begin on the date the zoning certificate is issued.
The bond shall be returned to the operator upon completion of all
operations and upon completion of any reconstruction or reclamation
necessary to restore the site to its original position. Any failure
to comply with the conditions as provided in this chapter or as imposed
by the Board of Supervisors, upon notice by the Zoning Officer, and
upon failure to correct by the operator within a reasonable time,
but in no event later than 30 days from the date of the notice, shall
result in forfeiture of the bond.
K.
Commercial greenhouse.
(1)
Minimum lot size: two acres.
(3)
Parking may be paved with a minimum of two inches of gravel or slag
and shall be set back a minimum of 50 feet from any property line.
(4)
All principal and accessory structures shall be placed a minimum
of 75 feet from all property lines.
(5)
Heating plants shall be at least 100 feet from any property line.
The retail sales area for a greenhouse shall not exceed 1,200 square
feet. The growing area shall not be considered sales area.
L.
Contractor's plant and storage.
(1)
The contractor's yard shall be screened from the adjoining street by Bufferyard "A" as defined in § 400-49 of this chapter.
(2)
The yard shall be paved with a minimum of two inches of gravel or
slag and maintained in a dust-free manner.
(3)
The yard shall be set back a minimum of 50 feet from any property
bearing a single-family detached dwelling.
(4)
The yard shall not occupy an area greater than 25,000 square feet.
M.
Comparable uses not specifically listed.
(1)
The comparable uses not specifically listed or "use" shall be of
the same general character, scale, and impact as uses otherwise permitted
by right, conditional use, or special exception in the respective
zoning district in which the use is proposed. The Board shall examine
but not be limited to consideration of the following in evaluating
compliance with the preceding criteria:
(a)
Number of employees at the establishment.
(b)
Gross floor area and/or lot area devoted to the proposed use.
(c)
The type of products, materials, and equipment or processes
involved in the use.
(d)
The magnitude and impact of pedestrian, vehicular, and truck
traffic.
(e)
Environmental impacts and compliance with the performance standards
of this chapter.
(2)
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
(3)
The proposed use shall comply with the express standards and criteria
for that most nearly comparable use, including specific standards
associated with that use.
P.
Funeral home.
(1)
No more than one funeral home shall be authorized per block.
(2)
Traffic circulation on the lot shall be designed to minimize congestion
and provide for the anticipated arrangement of vehicles on the property
without obstructing the free flow of traffic on adjoining streets
or alleys.
(3)
One residential dwelling unit designed for a single family may coincide
with the principal building used as a funeral home.
Q.
Garden center.
(1)
The minimum lot size shall be five acres and all structures and activities
shall be set back a minimum of 125 feet from the side and rear lot
lines of the site and 75 feet from the front lot line.
(2)
Parking shall be provided in accordance with this chapter. Parking
may be paved with a minimum of two inches of gravel or slag.
(3)
While supplies may be stored outside of a completely enclosed building,
all equipment shall be stored within a completely enclosed building.
(4)
The use shall be accessed directly from an arterial or collector
street.
R.
Hospitals. Hospitals shall be developed pursuant to the following
standards:
(1)
The hospital/sanitarium/group care facility site shall be a minimum
of three contiguous acres.
(2)
All structures shall be a minimum distance of 150 feet from property
boundaries.
(3)
All facilities shall be served by a municipal water supply.
(4)
All facilities shall be served by a municipal sanitary sewage system
or a private sewage treatment facility approved by the Pennsylvania
Department of Environmental Protection.
(5)
All development shall be based on a site plan subject to the review
of the Township Planning Commission and approval of the Township Supervisors.
The site plan shall:
(6)
All required county, state and federal requirements, permits and
licenses shall be obtained prior to granting of local approvals.
(7)
Group care facilities shall have at least one responsible and appropriately
qualified adult on duty on the premises per every 10 patients on a
twenty-four-hour basis.
(8)
The facility shall file annually with the Township Secretary information
certifying that the facility continues to adequately meet the conditions
of the original approval.
(9)
In considering a request for establishment of a hospital, sanitarium
or group care facility under the provision for conditional uses in
the Township, the Planning Commission may recommend, and the Township
Supervisors may attach, any reasonable conditions and safeguards beyond
those expressed in this chapter.
S.
Hotels and motels, subject to the following:
(1)
These establishments may have related facilities such as restaurants,
auditorium spaces, swim club areas and similar functions. All such
related facilities available to other than registered guests shall
require additional parking facilities as prescribed in this chapter
for public assembly facilities.
(2)
In addition to the regulations governing the Agricultural District,
establishments shall be subject to the following additional safeguards
and regulations:
(a)
No operation shall be conducted on a lot of less than two acres.
(b)
Establishments shall be serviced by and connected to a public
water system and approved by PA DEP and a municipal sewage system
or a sewage treatment system approved by PA DEP.
(c)
Front, side and rear yards that are not permanently paved shall
be landscaped and maintained year around.
(d)
Units, or parts and amenities thereof, shall be placed no closer
than 50 feet of any property line.
(e)
The required space between buildings shall not be less than
20 feet and the space between the fronts or rears of the unit shall
not be less than 80 feet.
(g)
Every application for a permit shall be accompanied by a plan
showing as a minimum:
T.
Interchange-oriented development.
(1)
Purpose. The Township acknowledges the necessity to provide for the
housing needs of its existing and future residents. Accordingly, demand
for a variety of housing, much of which is both conducive to and requires
relatively higher density and convenient access to the Township's
main arterials, is recognized. Commercial uses, both complementary
to higher density development, and advantageous to locations immediately
accessible to the Township's main arterials, are appropriately
located in manner that minimizes impact to the Township's single-family
residential districts while providing for nonresidential uses within
the path of growth customarily associated with the Interstate Highway
System as well as the local economy.
(2)
Process. The IO-PRD shall be processed as and subject to the application requirements and criteria set forth in this section and § 400-51F, Planned residential development, of this chapter.
(3)
General standards and requirements.
(a)
The applicant shall prepare and submit a traffic study in accordance with and meeting the requirement of Chapter 350, Subdivision and Land Development.
(b)
For purposes of the required traffic study as well as site design
and phasing, all "imminent development," defined as any development
for which an application for further subdivision or land development
on the site is submitted within 18 months of tentative approval, shall
be included within the scope and impact contemplated through the required
study.
(c)
Mixture of uses. No more than 50% of the gross floor area of
structures on the site shall be nonresidential (except for recreational
uses accessory to residential development on the site). For purposes
of determining the gross floor area devoted to residential use, the
following shall be assumed for each type of dwelling proposed, regardless
of the actual gross floor area:
(d)
Covenants, open space. The Board of Supervisors shall require
covenants, to which the Township is a party, to be placed on the land
to ensure dedication of open space required when open space proposed
for a particular phase is less than 30% of the site area for that
particular phase.
(e)
Covenants, use restrictions. The Board of Supervisors shall
require covenants, to which the Township is a party, to be placed
on the land in future phases as a means of ensuring compliance with
the mixture of uses required in this section.
(f)
Pedestrian connections meeting Township construction standards
shall be provided in the form of sidewalks, trails, and crosswalks
in a manner that provides safe and logical connections between residential
uses, community facilities, common open space, and nonresidential
uses.
(g)
Primarily residential neighborhoods within the PRD shall be separated from nonresidential units in accordance with the bufferyards set forth in § 400-49.
(h)
Structures primarily housing nonresidential uses shall be subject to all bulk and performance standards required for shopping centers (§ 400-54HH).
(i)
Lots and structures devoted to residential principal uses shall meet the bulk and performance standards of planned residential development as set forth in § 400-51F of this chapter, which shall also apply to nonresidential principal uses authorized by the aforesaid section as part of a planned residential development, and subject to the standards and limitations applied thereto, when such are integrated with the street network primarily serving residential principal uses. All principal and accessory structures, including parking facilities, associated with sections subject to the aforesaid planned residential development bulk standards that lie, in whole or in part, within the A-1 District, shall be located within 4,000 linear feet of the right-of-way of the nearest off-ramp from I-70.
(j)
Common open space shall be provided at 30% of the site area
and shall serve to and shall be organized in such a manner as to promote
the following objectives:
[1]
Preserve and protect steep slopes and healthy woodlands or promote
the preservation of vegetation on slopes created by the development
within the standards of this chapter;
[2]
Preserve and maintain natural areas such as riparian buffers,
wetlands, and meadows to the extent that such act as natural recharge
and infiltration areas;
[3]
Provide for green space and corresponding trail connections
as may be reflected on Township plans, including, but not limited
to, parks, recreation, and open space plans; and
[4]
Provide for general site design that maximizes buffering of
adjacent residentially zoned areas and public rights-of-way through
the preservation of existing natural features and that defines the
site as a clear and distinct node of development in accordance with
overall site configuration requirements.
U.
Junkyards.
(1)
No junkyards shall be established on a site containing less than
1/2 acre and not more than five contiguous acres.
(2)
Junkyards shall be established so that all water shall drain from
the site in a manner to keep the site dry.
(3)
All junkyards shall be completely enclosed by a chain-link fence,
not less than six feet high, with the entire fence being a privacy
type enclosure.
(4)
No hazardous materials shall be stored on the premises.
V.
Kennel.
(1)
The minimum lot area for a kennel shall be two acres.
(2)
Kennels shall be located within a completely enclosed building and
soundproofed to reduce noise impacts on adjacent properties.
(3)
Outdoor runs and similar facilities shall be constructed for easy
cleaning, shall be maintained in safe condition, and shall be secured
by a fence with self-latching gate.
W.
Light manufacturing and research and testing laboratory.
(1)
No activities shall be permitted that involve the handling, testing,
processing or other use of waste materials resulting from residential,
municipal, commercial, industrial, institutional, mining, or agricultural
operations or from any combination of the above. Such waste materials
shall include, but not be limited to, garbage, refuse, sludge and
other discarded materials, including solid, liquid, semisolid or contained
gaseous materials.
(2)
No activities or substances of a hazardous nature shall be employed,
stored or utilized in a manner that will constitute a danger to the
health, safety or general welfare of site occupants, adjacent areas
or the community at large. Where reasonable cause for concern is raised
by Township officials, residents or other affected parties, the applicant
for a conditional use shall be required to certify that no such conditions
will be present.
(3)
All processes and activities shall take place within a completely
enclosed building.
X.
Local emergency service.
(1)
A minimum of three acres of ground shall be required.
(2)
All equipment shall be stored in a completely enclosed building.
(3)
Parking and buildings shall be set back a minimum of 50 feet from
side and rear property lines.
(4)
Banquet and similar assembly facilities associated with the use shall
be authorized only where and under the conditions otherwise permitting
such uses in the respective zoning district.
Y.
Medical clinic.
(1)
The facility shall have access directly from a collector or arterial street as classified by Chapter 350, Subdivision and Land Development.
(2)
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.
(3)
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.
(4)
The facility and use shall be staffed during all hours of operation
by personnel licensed by the Pennsylvania Department of Health.
(5)
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.
Z.
Multifamily dwellings. To include apartments, garden apartments or
townhouses) row houses.
(1)
Minimum lot size for a multifamily dwelling in an R-2 District shall
be 25,000 square feet in area. Single or joint ownership of multi-dwelling
structures may be permitted.
(2)
The following design standards shall apply:
(a)
No townhouse or apartment shall exceed three stories in height.
(b)
No townhouse structure shall contain more than six dwelling
units.
(c)
No townhouse structure shall be more than 300 feet in length.
(d)
No apartment structure shall be less than 40 feet or more than
300 feet in length.
(e)
At least two off-street parking spaces shall be provided for
each dwelling unit, and such space shall be within 100 feet of any
commonly used entranceway for such dwelling units.
(f)
Buildings shall be so designed as to avoid monotonous patterns
of construction or repetitive spaces or modules between buildings.
(g)
No structure shall be erected within 30 feet of another structure.
(h)
Residential density shall not exceed six dwelling units per
gross acre of land.
(3)
The developer shall provide an approved (PA DEP) sanitary sewage
disposal system of sufficient size and design to adequately serve
the maximum designed capacity of the proposed residential units in
the development in lieu of connection to an approved municipal sewage
system.
(4)
An approved municipal water system shall be provided to serve the
maximum designed capacity of the proposed residential units.
(5)
All multifamily dwelling unit development shall be subject to preliminary
site plan review and approval in accordance with the following application
plan requirements:
(a)
Kind, location, occupancy capacity of structures and uses;
(b)
General floor plan of building;
(c)
Location and identification of open space, streets and all other
means for pedestrian and vehicular circulation, parks, recreational
areas and other nonbuilding sites;
(d)
Provisions for automobile parking and loading;
(e)
General landscape plan;
(f)
General location and nature of public and private utilities
and community facilities and services.
AA.
Municipal waste disposal or processing facility.
(1)
All activities conducted in association with, and as a part
of, waste disposal areas shall be in accordance with applicable federal
and state statutes, rules and regulations.
(2)
The applicant shall have obtained from appropriate state and
federal regulatory agencies or authorities permits issued in accordance
with all applicable laws and regulations for the proposed use. In
the event such permits have not been issued at the time Township conditional
use approval is requested, the applicant's zoning approval shall
be expressly conditioned on the granting of necessary permits as required
by the above agencies or authorities. At the time of making application
to such authorities, the applicant shall file with the Township Secretary
a copy of each state or federal application with supporting documentation
for the proposed use.
(3)
Materials transported to and processed at a waste disposal area
shall be limited to those materials and substances defined herewith:
(a)
Any garbage, refuse, waste and other similar material, including
solid, liquid, semisolid or contained gaseous material resulting from
operation of residential, municipal, commercial or institution establishments
and community activities; but shall not include hazardous waste from
a municipal, commercial or institutional water supply treatment plant,
sewage treatment plant or air pollution control facility.
(4)
A site plan shall be included in the application which delineates
site ingress and egress, use areas within the site, phasing of use
areas, location of all structures, and location and description of
all required screening and fencing.
(5)
No waste disposal area shall be established on a site containing
less than 40 contiguous acres.
(6)
The applicant shall provide a plan for transportation of materials
to the site. Said plan shall delineate access routes, provisions for
traffic control, and procedures to minimize littering and overflow
problems along site access routes. Measures that will be taken to
maintain all Township roads used for primary site access shall be
specified.
(7)
Bonds in the amount specified by the Board of Township Supervisors
shall be posted by the applicant to repair any damages to roads which
may result from the disposal operation.
(8)
The applicant shall outline procedures to be employed to provide
for anti-pollution and nuisance control, the protection of area water
supplies and other applicable concerns related to the health and safety
of adjacent residential areas.
(9)
For each site which is adjacent to, or considered by the Planning
Commission and Board of Supervisors to be visibly or environmentally
detrimental to, the use of any structure used for residential, human
habitation, sleeping, cultural, social, educational, recreational,
religious or similar residential related purpose in any district,
there must be preserved a strip of land for screening purposes on
any side of the tract of land on which present or future residential
or related uses are situated. The preserved strip shall be a minimum
of 30 feet in width.
(a)
The required screen shall have a height adequate to achieve
its screening purposes. Plant materials used shall consist of dense
evergreen plants. They shall be of a kind, or used in such a manner,
so as to provide a continuous opaque screen within 24 months after
commencement of operations in the area to be screened. The Board of
Township Supervisors shall require that either new planting or alternative
screening materials be provided if, after 24 months, the plant materials
do not provide an opaque screen.
(b)
All active use areas shall be completely enclosed by a chain-link
fence not less than six feet high with the top portion above the height
of six feet above the ground level to be constructed of barbed wire
or other appropriate material, with the entire fence being constructed
in such a manner so as to prevent the entry by unauthorized persons
onto the portion of the premises on which the use is situated.
BB.
Nightclub.
(1)
A traffic access and impact study as specified in Chapter 350, Subdivision and Land Development, shall be required.
(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 and the Township
Volunteer Fire Department 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.
CC.
Place of worship. A place of worship may include one single-family
dwelling as a secondary principal use, and preschool programs and
assembly areas as accessory uses. However, regular operations of day
care and banquet facilities leased to the public at large shall be
classified as separate uses and subject to the authorizations and
standards of zoning district in which said use is located.
DD.
Recreation, commercial outdoor.
(1)
Outdoor commercial recreation facilities authorized in the R
and A-1 Districts shall be limited to golf courses and driving ranges.
(2)
Any such use shall comply with the requirements of Chapter 350, Subdivision and Land Development.
(3)
Lighting shall be oriented away from adjacent properties and
shall not exceed one footcandle 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 dBA 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. Further,
outdoor speakers shall not be permitted if there are dwellings located
within 500 feet of the subject property in any direction. If outdoor
speakers are permitted, the volume and direction of the 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 parking and signage requirements
of this chapter.
(6)
The use shall have frontage on and direct vehicular access from an arterial or collector street, as classified by Chapter 350, Subdivision and Land Development.
(7)
All ingress and egress to and from the site shall be so situated
so as not to interfere with through traffic movements on adjacent
streets.
(8)
Adequate sanitary facilities shall be provided that are available
for public use.
(9)
The location of buildings and facilities, traffic circulation
on the site and parking areas shall be designed to provide adequate
access for emergency vehicles.
(10)
Any outdoor facility within 300 feet of an existing dwelling
shall cease operations by no later than 10:00 p.m., prevailing time,
unless an earlier time is established by the Board of Supervisors
as part of its conditional use decision.
(11)
Any use which includes eating or drinking facilities shall be
subject to the parking requirements of that use in addition to the
parking requirements of the commercial recreation use.
(12)
The location of buildings and structures shall be designed to
minimize impact on adjacent residential properties.
EE.
Recreational facilities, noncommercial.
(2)
Accessory uses to the noncommercial recreation facility are
specifically limited to the following:
(3)
The use shall not include any retail sales and service establishment,
except for the sale of food and beverages from an enclosed concession
stand that has a maximum gross floor area of 500 square feet.
(4)
The use shall not include any permanent spectator seats or bleachers.
(6)
The use shall not include outdoor lighting, except for safety/security
lighting which shall be a maximum of 1/2 footcandle measured at three
feet above ground level and shall not spill over onto adjacent properties.
The maximum height of freestanding exterior safety/security lighting
standards shall not exceed 20 feet.
(7)
The use shall not include outdoor speakers.
(8)
The use shall not generate noise in excess of 75 dBA 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.
(9)
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 Article XIV, Supplementary Regulations, Article XIII, Parking and Loading Requirements, and Article XII, Sign Requirements, of this chapter.
(10)
The location of buildings and structures shall be designed to
minimize impact on adjacent residential properties.
GG.
Self-storage facilities.
(1)
A minimum site area of three acres is required.
(2)
All storage unit structures shall be set back a minimum of 75
feet from the front lot line.
(3)
When located on a parcel adjoining the A-1 or R Districts, the
property shall be gated and customer access shall be limited to within
the hours of 6:00 a.m. and 10:00 p.m.
HH.
Shopping centers.
(1)
Shopping centers that lie, in whole or in part, within the A-1
or R Districts shall bear at least 200 feet of frontage on and shall
be served by a street network of commercial access drive(s) extending
solely from one of the following roads: SR 481; SR 2023, Bentleyville
Road; SR 2037, Twin Bridges Road.
(2)
Within the A-1 or R Districts, all principal and accessory structures,
including parking facilities, associated with shopping centers that
lie, in whole or in part, within the A-1 or R Districts shall be located
within 2,500 linear feet of the right-of-way of the nearest off-ramp
from I-70.
(3)
The applicant shall prepare and submit a traffic study in accordance with and meeting the requirement of Chapter 350, Subdivision and Land Development.
(4)
For purposes of the required traffic study as well as site design
and phasing, all "imminent development," defined as any development
for which an application for further subdivision or land development
on the site is submitted within 18 months of tentative approval, shall
be included within the scope and impact contemplated through the required
study.
(5)
The maximum impervious surface coverage of shopping centers
shall be limited to 65% within A-1 or R Districts.
(6)
Shopping center bulk standards, Shopping centers shall be subject
to the dimensional requirements in Table 3 attached to this chapter.
II.
Strip mining.
(1)
A conditional use approval shall be obtained for surface extraction
(stripping). All applications submitted for consideration of the Township
Planning Commission and Township Supervisors shall include, at a minimum,
the following documentation and all other pertinent data deemed necessary
to process the applications:
(a)
A description of the character of the proposed operation, its
timing and proposed duration, together with duplicates of maps and
plans to be submitted to state and federal regulatory agencies or
authorities for the issuance of necessary permits.
(b)
Identification of seams of coal, rock, ore, beds of sand and
gravel, strata of soil or other material to be removed in connection
with the proposed extractive operation.
(c)
An analysis of the possible impact of extractive operations
upon groundwater supplies in all affected areas of the Township and
the measures that will be taken to guarantee that any loss, diminution
or pollution of water supply will be corrected.
(d)
The location and identity of ownership of all structures and
land uses that may be affected by the proposed operation.
(e)
Plans for the restoration or reclamation of all land affected
by the extractive operation.
(f)
Receipt of a certification from each state and federal agency
or authority having enforcement jurisdiction for the issuance of all
necessary permits, licenses or grants of authority for the installation
and operation of the proposed extractive operation, that the owner
or operator seeking the conditional use has fully complied with all
requirements.
(g)
A description of plans for the transportation of materials,
products and equipment to be used, removed from, or marketed in connection
with the proposed extractive operation including routes of travel,
number and weight of vehicles to be used, and procedures which will
be made to maintain and repair roads that are targeted for use.
(2)
No top-of-slope or quarry wall shall be located closer than
100 feet to any property or street line. The perimeter surrounding
the area of operation shall be fenced with a fence of minimum height
of six feet where required by Township Officials.
(3)
No rock crusher, cement plant or other crushing, grinding, polishing
or cutting machinery or other physical or chemical process for treating
such products shall be permitted in the A-1 Agricultural District
or other areas of the Township.
(4)
The removal designated in the permit shall be begin within a
sixty-day period from the date of issuance of a permit, or the permit
shall be revoked at the expiration of said period.
(5)
The designated operator shall complete operation within a period
of time as designated in the permit.
(6)
Prior to beginning operation, the designated operator shall
deposit a bond issued by a reputable bonding company in the amount
specified by the Township Supervisors for each and every mile of Township
road or portion thereof proposed to be traversed for removing material
from the site. The period designated for the bond shall start with
the issuance date of the permit.
(7)
The backfilling operation, after all surface excavation is completed,
shall reestablish a satisfactory vegetative ground cover that will
deter soil erosion and eventually rebuild the soil. Legumes such as
crownvetch, and rye grass and/or plantings or evergreens or deciduous
trees, shall be planted in accordance with Natural Resources Conservation
Service, United States Department of Agriculture, recommendations.
(8)
The stripping and selling of topsoil and/or sod shall be permitted
only under the following conditions:
(a)
When it is part of the construction or alteration of a building
or the grading incidental to such building activity.
(b)
When it is in conjunction with normal lawn preparation and maintenance.
(c)
When it is in conjunction with the construction or alteration
of a street or utility improvement.
(d)
In commercial sod farms or farming operations where such use
is permitted, provided that sound soil practices are observed.
JJ.
Transitional residential facility.
(1)
The occupancy of the facility shall be limited to the maximum
number of individuals permitted under Township building code and/or
property maintenance ordinances.[3]
(2)
The facility shall be supervised by appropriate and qualified
staff on a twenty-four-hour basis.
(3)
The facility shall be set back a minimum of 75 feet from all
property lines.
KK.
Vehicles sales and service.
(1)
Outside or exterior display of vehicles for rent or sale shall
be permitted only on lots bearing a lot depth of 300 feet or greater.
A minimum ten-foot strip of lawn or landscaping area shall be provided
between the front lot line and said display areas.
(2)
All repair work, vehicle washing, waxing, detailing, lubrication
and installation of parts and accessories shall be performed within
an enclosed building.
(3)
All vehicle parts, dismantled vehicles and similar materials
shall be stored within an enclosed building or totally screened from
view by a solid or privacy fence.
(4)
All vehicles awaiting repair shall be stored on the lot in an
approved storage area and, in no case, shall said vehicles be stored
on or obstruct access to a public or private right-of-way.
(5)
Where supplemental retail service is proposed, off-street parking
shall be provided as required for retail in addition to service station
standards.
(6)
Gasoline pump islands and canopies shall not encroach upon the
front yard setback of the zoning district in which they are located.
(7)
All fuel, oil and similar substances shall be stored at least
25 feet from any property line.
(8)
The handling, storage and disposal of motor oil, battery acid
and any other substance regulated by federal statute and the Pennsylvania
Department of Environmental Protection (DEP) shall be in accordance
with all permits and requirements of that agency or its successor
agency. Any suspension, revocation or violation of the DEP permits
shall be a violation of this section and shall be subject to the enforcement
provisions of this chapter.
Applications for special exceptions, when listed as permissible
by this chapter, shall be approved or denied by the Zoning Hearing
Board in accordance with the standards and criteria of this section.
A.
Family home day care.
(1)
All activities shall be conducted in a private detached single-family
residence.
(2)
Activities shall be limited to functions normally associated with
the part-time tending of children on a for-hire or fee basis and shall
not include overnight lodging.
(3)
Activities shall be conducted within a home atmosphere that is void
of any special facilities or appurtenances other than secure play
areas and/or apparatus that are deemed to be normal single-family
accessory uses within the immediate neighborhood.
(4)
Safe off-street pickup and dropoff areas shall be provided at the
site.
(5)
Outdoor play areas shall be fenced to control access to adjacent
properties and vehicular ways.
(6)
The chief or designated agent of the Township Fire Department shall
inspect the premises to evaluate emergency access, fire hazards, evacuation
provisions, structure layout, fire alarm devices and emergency firefighting
provisions. No occupancy permit shall be issued prior to a satisfactory
report and approval of such authority.
(7)
All licenses and certifications required by state and/or county agencies
shall be obtained as conditions precedent to granting of an occupancy
permit.
(8)
Nothing in these provisions shall apply to nonhire child care and
child-tending activities within the context of normal family and acquaintance
situations.
B.
Home occupations.
(1)
A home occupation that involves an activity or operation that is
construed as being capable of adversely influencing surrounding residential
uses through any of the following conditions shall not be permitted.
(a)
Changes the external appearance of the dwelling.
(b)
Is visible from surrounding properties or the adjacent street.
(c)
Generates traffic, parking or other congestion in excess of
normal levels in the neighborhood.
(d)
Creates hazards to person or property.
(e)
Creates interferences or a nuisance.
(f)
Involves outside storage, display or operations.
(g)
Noise level shall not exceed 70 dBA at any time.
(2)
The accessory use shall be located in the principal dwelling or an
accessory building. The accessory use shall be limited to not more
than 30% of the ground floor area of the principal dwelling structure,
not more than 50% of one accessory building. The total area utilized
for home occupation activities shall not exceed 400 square feet.
(3)
Signs shall be limited to the provisions of this chapter for the
district in which the home occupation is located.
(4)
Only members of the family residing on the premises shall be engaged
in such occupation, plus one nonfamily assistant may be employed.
(5)
Off-street parking requirements for home occupations shall be provided
on the immediate site and to the rear of the required front yard setback
line. A minimum of three off-street spaces shall be provided in addition
to normal residential requirements.
(6)
Activities shall be limited to the following types and categories
of use:
(a)
Professional, technical or business pursuits that involve only
office-related functions and practices.
(b)
Light handicrafts, sewing, photography and objects of art.
(c)
Teaching instruction, limited to groups of no more than four
students at any one time.
(d)
Small appliance and minor equipment repair and servicing, including
saws and private residential lawn equipment.
(e)
Beautician, barber and similar services, limited to facilities
for service to no more than one client at any given time.
C.
Conversion apartment.
(2)
Standards for conversion apartments. Where authorized under the terms
of this chapter, conversion apartments may be created in accordance
with the following standards:
(a)
There shall not be more than one conversion apartment created
within any one single-family residential dwelling.
(b)
The owner of the lot on which both units are located shall occupy
either the primary residence or the conversion apartment.
(c)
The existing dwelling shall have a minimum floor area of 1,250
square feet.
(d)
The minimum size of a conversion apartment shall be 300 square
feet of gross habitable area.
(e)
The conversion apartment shall not comprise more than 25% of
the gross habitable area of the existing dwelling prior to creation
of the conversion apartment.
(f)
The existing building shall conform to the area and bulk requirements
of the underlying district.
(g)
Exterior changes shall be limited to those customarily associated
with residential use conforming to the existing single-family character
of the neighborhood.
(h)
For properties utilizing an on-lot sewage treatment system,
the applicant shall demonstrate that the system is properly sized
to support sewage flows from the resulting dwelling unit.
(j)
An architectural plan, in accordance with Chapter 350, Subdivision and Land Development, shall be submitted as part of the application, accurately drawn to scale, indicating the location and size of the existing and proposed dwelling units and parking areas, and any proposed exterior alterations.
