[Ord. 1974-3, 6/20/1974; Ord. 3/6/1980B, §§ VII — XII; Ord. 11/5/1981, § VIII; Ord. 11/3/1983, §§ VII, VIII, X, XI and XII; Ord. 6/--/1985, §§ III and IV; Ord. 7/7/1988; Ord. 1995-7, 9/7/1995, §§ 33 — 39; Ord. 1996-6, 7/3/1996, § 19; Ord. 1997-13, 10/2/1997, §§ 4, 5; Ord. 1997-14, 11/6/1997, § 10; Ord. 2000-9, 11/9/2000, § 25; Ord. 2001-4, 5/3/2001, § 5; Ord. 2001-7, 9/6/2001, §§ 2 — 4; Ord. 2002-8, 12/9/2002, §§ 10 — 12; Ord. 2004-11, 9/2/2004, § 6; Ord. 2006-5, 5/4/2006, § 7; Ord. 2016-1, 1/4/2016; Ord. No. 3-2025, 7/10/2025]
1. Filing of Special Exception.
A. For any use permitted by special exception, a special exception must be obtained from the Zoning Hearing Board. In addition to the information required on the use certificate application, the special exception application must show:
(1) Ground floor plans and elevations of proposed structures.
(2) Names and addresses of adjoining owners.
B. Unless otherwise specified or extended by the Zoning Hearing Board, a special exception authorized by the Board expires if the applicant fails to obtain, where required to do so, a building permit or use certificate within six months of the date of the authorization of the special exception or fails to complete the work in the six months next following the issuing of the building permit, excepting that in cases where the granting of a building permit or use certificate must be preceded by Township approval of a subdivision or land development plan, the special exception authorized by the Board expires, if:
(1) The applicant fails to file with the Township a preliminary subdivision or land development plan meeting applicable subdivision and zoning requirements within six months of the date of the authorization of the special exception.
(2) Fails to file with the Township a final subdivision or land development plan meeting applicable subdivision and zoning requirements within six months of the date of the approval by the Township of the preliminary plan.
(3) Fails to obtain a building permit or use certificate within six months of the date of the approval by the Township of the final plan.
(4) Fails to complete the work within one year of the issuing of the building permit.
2. Temporary Special Exceptions. A temporary special exception must be obtained from the Zoning Hearing Board for any nonconformity which is or will be seasonal or is or will be in the public interest. The Zoning Hearing Board may grant a temporary special exception for a nonconforming use or structure, existing or new, which:
A. Is beneficial to the public health or general welfare.
B. Is necessary to promote the proper development of the community.
C. Is seasonal in nature.
| The temporary special exception may be issued for a period not exceeding one year, and may be renewed for an aggregate period not exceeding three years. The nonconforming structure or use must be completely removed upon the expiration of the special exception without cost to the Township. |
3. Referral to Planning Commission. All applications for a special exception shall be referred to the Township Planning Commission for a recommendation.
4. Conditions. The Zoning Hearing Board, in passing upon special exception applications, may attach conditions considered necessary to protect the public welfare and the Comprehensive Plan, including conditions which are more restrictive than those established for other uses in the same zone.
5. Application of Extent-of-Use Regulations. The extent-of-use regulations as set forth in this chapter must be followed by the Zoning Hearing Board. Where no extent-of-use regulations are set forth for the particular use, the Board may impose extent-of-use requirements as necessary to protect the public welfare and the Comprehensive Plan.
6. General Standards. A special exception may be granted when the Zoning Hearing Board finds by a preponderance of the evidence produced at the hearing:
A. That the proposed use, including its nature, intensity and location, is in harmony with the orderly and appropriate development of the zone.
B. The specific requirements elsewhere in this chapter with respect to the proposed use and/or its location will be met.
C. The use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature and height of buildings, walls and fences.
D. The use will have proper location with respect to existing or future streets giving access to it, and will not create traffic congestion or cause industrial or commercial traffic to use the residential streets.
E. The specific standards set forth for each particular use for which a special exception may be granted have been met.
F. If connection to an existing public water supply system is proposed, the applicant must submit an agreement committing the public water supply system to provide such water as will be utilized by the proposed special exception use for such period of time and under such terms and conditions as the public water supply system provides water service elsewhere in its service area. If the water supply system proposed involves the utilization of water obtained from the tract proposed for the location of the special exception use or from a nearby tract, the applicant must establish that the groundwater recharge on the tract where the water supply system is located, after development, computed during drought conditions (periods when the precipitation is 40% below normal) will exceed projected water usage. The Zoning Hearing Board may require as a condition of approval that the applicant execute an agreement with the Township committing the proposed special exception use not to utilize more groundwater on a daily basis than the groundwater recharge computed during drought conditions and to establish procedures pursuant to which usage can be verified.
G. The applicant must establish that the drainage requirement of §
27-311 of this chapter will be complied with.
H. The applicant must establish that adequate provision can and will be made to dispose of the sewerage created by the proposed use consistent with the requirements set forth in the regulations promulgated by the Pennsylvania Department of Environment Protection and with the requirements of the Township Sewage Permit Ordinance.
The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the Zoning Hearing Board.
7. Specific Standards. In addition to the general standards for all special exceptions as contained in §
27-504, Subsection
6, the following specific standards for particular uses must be met prior to the granting of a special exception:
A. Agricultural Society. In an A Zone and subject to the requirements of that zone except as herein modified and provided:
(1) Lot area: 40,000 square feet minimum.
(2) Lot width: 200 feet minimum.
(3) Setbacks: 50 feet minimum for each setback (front, side, rear).
(4) Access must be on an arterial street or collector street as designated in the Township Comprehensive Plan.
B. Airstrip, Airport. In an I Zone and subject to the requirements of that zone except as herein modified and provided:
(1) Lot area: 10 acres minimum.
(2) The approach zone to any of the proposed runways or landing strips shall be in accordance with the regulations of applicable federal and/or state agencies.
(3) There shall be no existing flight obstructions such as towers, chimneys or other tall structures or natural obstructions outside of the airport and located within the proposed approach zones.
(4) Any building, hanger or structure shall be located a sufficient distance away from the landing strip in accordance with the recommendations of applicable federal and/or state agencies.
(5) Building heights in airport approach zones shall be limited to provide a clear glide path from the end of the usable landing strip. The glide path shall be a plane surface laid out in accordance with the operating characteristics of the aircraft for which the airport is designed. The first 500 feet of the glide path shall be wholly within the airport property.
C. Animal Hospital or Commercial Kennel. In A and C Zones subject to the requirements of the zone in which located except as herein modified and provided:
(1) Lot area: 40,000 square feet minimum.
(2) No part of any building used for such purposes shall be located within 200 feet of any street or property line.
D. Antique Sales. In an A Zone and subject to the requirements of that zone except as herein modified and provided:
(1) Any outdoor display of articles for sale shall be at least 30 feet from any property line and 50 feet from any street line.
(2) Must have access on an arterial street or collector street as designated in the Township Comprehensive Plan.
E. Automobile Dismantling Plant, Junkyard. In an I Zone subject to the requirements of the zone in which located except as herein modified and provided:
(1) Lot area: five acres minimum.
(2) Lot width: 300 feet minimum.
(3) Setbacks-any area used for this purpose must be at least 75 feet from any property line and 100 feet from any street line.
(4) The area to be used must be completely enclosed with a six-foot high fence so constructed as not to have openings greater than six inches in any direction.
(5) Must comply with the Township Junkyard Ordinance [Chapter
13, Part
2] and all other applicable state regulations.
(6) Must have access on an arterial street or collector street as designated in the Township Comprehensive Plan.
F. Cemetery. In an A or Cv Zone subject to the requirements of the zone in which located except as herein modified and provided:
(1) All burial plots or facilities shall be located at least 150 feet from all existing dwellings.
G. Club Room, Meeting Hall. In a Cv Zone and subject to the requirements of that zone except as herein modified and provided:
(1) Lot area: three acres minimum.
(2) Lot width: 250 feet minimum.
(3) Setbacks: 50 feet minimum for each setback (front, side, rear).
(4) Access must be on an arterial street or collector street as designated in the Township Comprehensive Plan.
H. Convalescent Home. In an R Zone and subject to the requirements of the zone in which located except as herein modified and provided:
(1) Lot area: 30,000 square feet.
(2) Maximum density: one bed per 1,500 square feet of lot area.
(5) Suitable screen planting may be required by the Zoning Hearing Board in order to screen the use from view from adjoining properties.
(6) Building coverage: 15% maximum.
(7) Access must be on an arterial street or collector street as designated in the Township Comprehensive Plan.
I. Expansion of a Nonconformity. In any zone and subject to the requirements of that zone except as herein modified and provided:
(1) The expansion of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendment thereto creating the nonconformity.
(2) The total of all such expansions or alterations of use shall not exceed an additional 35% of the area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconformities.
(3) Provision for access drives, off-street parking and off-street loading shall be consistent with standards required by this chapter.
(4) Provision for yards, building height and building area shall be consistent with standards required for permitted uses in the zone in which the nonconformity in question is located.
(5) Appearance should be harmonious with surrounding properties. This feature includes but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance in good condition of all improvements and open spaces.
(6) Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to, fences, walls, plantings and open spaces.
(7) The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
J. Gasoline Station. In C and I Zones and subject to the requirements of the zone in which located except as herein modified and provided:
(1) Buildings must be set back as least 40 feet from the street line.
(2) Pumps must be set back at least 15 feet from the street line.
(3) Access drives must be located as follows:
(a) Minimum offset from intersection of street right-of-way lines: 40 feet.
(b) Side lot line offset: 10 feet.
(e) Minimum separation of drives on same lot: 25 feet.
(4) Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
(5) All lights shall be diverted toward the gasoline station or downward on the lot.
(6) No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
(7) At least 10% of the lot on which the gasoline station is situated must be devoted to landscaping.
K. General Manufacturing. In an I Zone and subject to the requirements of that zone except as herein modified and provided:
(1) Lot area: three acres minimum.
(2) Lot width: 250 feet minimum.
(3) Setbacks: all buildings must be set back as least 50 feet from any property line and 100 feet from a street line.
(4) Access must be on an arterial street or collector street. Traffic entrances and exits shall be far enough from residential dwellings so that truck noise and vibration will be minimized.
(5) A buffer yard 150 feet wide must be located on the site in all instances where the site adjoins an R or A Zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking loading or storage.
L. Hospital. In an R Zone and subject to the requirements of the zone in which located except as herein modified and provided:
(3) Setbacks: no portion of a building shall be within 50 feet of a lot line or street line.
(4) The required parking shall not be permitted in the front yard area.
(5) The required green area shall be located so as to maximize landscaping features, screening for residents of neighboring areas and to achieve a general effect of openness.
(6) Access must be on an arterial street or collector street as designated in the Township Comprehensive Plan.
M. Industrial Park. In an I Zone and subject to the requirements of that zone except as herein modified and provided:
(1) Lot area: 10 acres minimum.
(2) Lot width: 300 feet minimum.
(3) All buildings must be set back at least 50 feet from any property line and 100 feet from a street line.
(4) Access must be on an arterial street or collector street. Traffic routes and exits shall be far enough from houses so that truck noise and vibration will be minimized.
(5) A buffer yard 150 feet wide must be provided on the site in all instances where the site adjoins an R or A Zone. The buffer yard shall be naturally landscaped, have no imperious cover and shall not be used for building, parking, loading or storage purposes.
(6) Appearance should be harmonious with adjoining properties. This feature includes but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, building coverage and architectural controls.
N. Kennel. Where permitted, this use is subject to the following:
(1) A minimum lot area of five acres must be provided.
(2) Unless in the Industrial Zone, no kennel may house more than 15 animals over six months of age.
(3) The kennel must be located at least 1,000 feet from any dwelling owned by someone other than the owner of the kennel.
(4) The kennel must be located at least 1,000 feet from any area that could consistent with the provisions of this chapter be approved as a location for a dwelling on property owned by someone other than the applicant.
(5) Adequate disposal of animal waste must be provided in a manner that will not create a public health hazard or a nuisance.
(6) If the kennel involves animals belonging to others being boarded, such animals must be either domestic canines or domestic felines.
(7) The operation of a kennel must be in accordance with Pennsylvania law governing the same, to wit, Title VII, Pa. Code, § 21, et seq. Prior to the granting of any special exception or use certificate the applicant shall provide the Zoning Hearing Board with proof of compliance with such regulations.
(8) The kennel shall have enclosed fencing of eight feet (or six feet inverted) of all areas used for animal exercise, training or any activity during kenneling with potential of the animal being loose or getting free from kennel personnel restraint.
(9) The environmental regulations of §
27-316.
(10) Fence or hedge screen planting as required by the Zoning Hearing Board, if appropriate.
O. Mobile Home Park. In an R Zone and subject to the requirements of that zone as herein modified and provided:
(1) The minimum tract area shall be 10 acres.
(2) Public sewer and public water approved by the Pennsylvania Department of Environmental Protection must be utilized, and each lot must be not less than 7,500 square feet in area and not less than 50 feet wide at the building setback line.
(3) Regardless of lot size, the side yard distances measured from outside each mobile home to the lot line shall not be less than 30 feet in total and no one side yard distance less than 12 feet. Front yards shall not be less than 20 feet and rear yards shall not be less than 10 feet and in no case shall the distance between any two mobile homes be less than 30 feet.
(4) The Zoning Hearing Board may require suitable screen planting, or may restrict the proximity of mobile homes or other improvements to adjoining properties, or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.
(5) A mobile home park and extension thereof shall also comply with all applicable state and/or municipal regulations now in effect or hereafter enacted.
P. Outdoor Recreational Establishment. In Cv and C Zones subject to the requirements of the zone in which located except as herein modified and provided:
(1) Lot area: as stated in the applicable zone but in no case less than one acre.
(2) Lot width: as stated in the applicable zone but in no case less than 200 feet.
(3) Setbacks: in a Cv Zone the area to be used for recreational purposes must be set back at least 50 feet from any property or street line.
(4) In the Cv Zone the use must have access on an arterial street or collector street as designated in the Township Comprehensive Plan.
(5) Where an outdoor recreational use, other than a golf course, adjoins a Residential Zone, trees or shrubs must be planted on the site of this use so as to form an effective visual barrier between the outdoor recreational use and adjoining residential properties.
Q. Public Buildings and Facilities. In R and Cv Zones and subject to the requirements of the zone in which located except as herein modified and provided:
(1) Setbacks: as specified in the zone in which located, provided, however, that no setback (front, side, or rear) is less than 35 feet.
(2) Consideration shall be given to traffic problems. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated in the Township Comprehensive Plan.
R. Public Utility Building. In R and I Zones and subject to the requirements of the zone in which located except as herein modified and provided:
(1) Side setback: as stated in the applicable zone but in no case less than 30 feet.
(2) Unhoused equipment shall be enclosed with fence or wall not less than six feet in height, which shall be so constructed as not to have openings holes or gaps larger than six inches in any dimension.
(3) Housed equipment: when the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.
(4) Screen planting in R Zone: the required fence for unhoused equipment shall be surrounded by evergreen plantings.
(5) In residential zones, the permitted public facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility and no equipment causing unreasonable noise, vibration, smoke, odor or hazardous effect shall be installed.
S. Rooming House, Multi-Family Conversion. In an R Zone and subject to the requirements of that zone except as herein modified and provided:
(1) Lot area: there shall be at least 5,000 square feet of lot area for each dwelling unit or guest room. There shall be a minimum lot area of at least 30,000 square feet.
(2) Lot width: there shall be a minimum lot width of at least 150 feet.
T. School; Non-Public and Non-Profit. In R Zones subject to the requirements of the zone in which located except as herein modified and provided:
(2) Lot width: 250 feet minimum.
(3) Side setbacks: 30 feet minimum.
(4) The maximum attendance (number of students physically present) at any one time may not exceed one student per 1,000 square feet of the lot area devoted to the use.
U. Solid Waste Disposal Facility. In an I Zone and subject to the requirements of that zone except as herein modified and provided:
(1) Lot area: 20 acres minimum.
(3) No refuse shall be deposited and no building or structure shall be located within 200 feet of the nearest property line.
(4) The area being used must be completely surrounded by a six-foot high fence so constructed that no opening will be greater than six inches in any dimension.
(5) Must comply with applicable requirements of the Pennsylvania Department of Environmental Protection.
V. Trap, Skeet, Rifle or Archery Range. In a Cv Zone and subject to the requirements of that zone except as herein modified and provided:
(1) Lot area: five acres minimum.
(2) Lot width: 300 feet minimum.
(3) Adjacent areas must be predominantly undeveloped and the range area must be at least 200 feet from any property line or street line.
(4) Must be located at least 1,000 feet from an existing residential dwelling.
W. Child Day Care Center. In passing upon a special exception application for a child day care center, the Zoning Hearing Board must require the following:
(1) The facility shall obtain a certificate of license or approval from the Pennsylvania Department of Public Welfare or other state agency having jurisdiction over the supervision of day care facilities and shall provide a copy of such certificate to the Township.
(2) There must be at least one caregiver present at the child day care center at all times for each four children at the facility under one year of age, one caregiver present at the child day care center at all times for each five children one year to two years in age, one caregiver present at the child day care center at all times for each six children between the ages of two and three and there must one caregiver present at the child day care center at all times for each 10 children over three years of age.
(3) There must be an outdoor play area which must be fenced sufficiently to preclude children from escaping the intended play area. Such outdoor play area must not be less than 65 square feet for each enrolled child over the age of two.
(4) No portion of a residence may be used as a child day care center and no portion of a child day care center may be used as a residence.
(5) There must be one parking space for each employee of the child day care center and an off-street area where children can be dropped off and picked up.
(6) The location of the child day care center must meet all of the requirements of this chapter regarding the location of buildings.
(7) If the child day care center is to be located in any zone other than the Commercial Zone or the Industrial Zone, it must be located in a building which was in existence on January 1, 1995 or in a building which either:
(a) Is an accessory building which does not have a ground floor area in excess of 50% of the ground floor area of the principal building.
(b) Is at least 500 feet from any dwelling other than one owned by the owner of the child day care center.
(8) In the event the child day care center is to be located in the Agricultural Zone, it must be located on land of low quality for agricultural use as defined in §
27-318, Subsection
4B, of this chapter unless it is located in a building which was in existence on January 1, 1995.
X. Nursery School. In passing upon a special exception application for a nursery school, the Zoning Hearing Board must require the following:
(1) That the location of the nursery school meets all of the requirements of this chapter regarding the location of buildings.
(2) That in the event the facility requires certification and/or licenses from federal or state agencies to permit its operation, the applicant must establish he has secured or will be able to secure such certifications and licenses.
(3) No portion of a residence may be used as a nursery school and no portion of a nursery school may be used as a residence.
(4) If the facility is to be located in the Industrial Zone or the Commercial Zone, there must be a fenced play area.
(5) If the nursery school is to be located in any zone other than the Commercial Zone or the Industrial Zone, it must be located in a building which was in existence on January 1, 1995 or in a building which either:
(a) Is an accessory building which does not have a ground floor area in excess of 50% of the ground floor area of the principal building.
(b) Is at least 500 feet from any dwelling other than one owned by the owner of the nursery school.
(6) In the event the nursery school is to be located in the Agricultural Zone, it must be located on land of low quality for agricultural use as defined in §
27-318, Subsection
4B, of this chapter unless it is located in a building which was in existence on January 1, 1995.
Y. Adult Entertainment Facilities.
(1) In passing upon a special exception application for an adult entertainment facility, the Zoning Hearing Board shall require the following:
(a) Adult entertainment facilities shall be permitted only in the Industrial (I) Zone.
(b) Adult entertainment facilities shall not be permitted to be located within 1,000 feet of either other adult entertainment facilities or of any public or private school, child day-care center, nursery school, public recreation facility or any church or other house of worship.
(c) No materials, merchandise, film, videotape or any other item offered for sale, rent, lease, loan or view upon the premises, or advertising same, shall be exhibited, displayed or visible outside of the building or structure.
(d) Any building or structure used or occupied as an adult entertainment facility shall be windowless or have an opaque covering over all windows or doors, or any area in which materials, merchandise, film or persons could otherwise be visible from outside the building or structure.
(e) No sign shall be erected or placed upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, videotape or entertainment offered therein.
(f) Each entrance to the premises shall be posted with a notice of at least four square feet specifying that the structure is an adult entertainment facility, and that persons under the age of 18 years are not permitted to enter therein, and warning all other persons that the building contains sexually explicit material.
(g) The applicant, if an individual, must be at least 18 years of age. If the applicant is other than an individual, the applicant must provide the names and addresses of all partners, corporate officers, or any individual who has an interest of 10% or greater in the business.
(h) The applicant must provide a sketch or diagram showing the floor plan of the premises, including the total floor space, and the location of the building on the lot.
(i) The adult entertainment facility shall comply with all other Township ordinances, or federal, state or county requirements.
(2) Once a special exception has been granted by the Zoning Hearing Board, an applicant shall apply to the Zoning Officer for a permit.
(a) Any person who operates an adult entertainment facility without a valid permit issued by the Township is in violation of the Zoning Ordinance.
(b) The application shall be on a form provided by the Zoning Officer, and shall be accompanied by a sketch or diagram as required in Subsection
7Y(1)(h), above.
(c) The applicant shall provide the same information to the Zoning Officer as required in Subsection
7Y(1), above.
(3) Issuance of Permit. The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application which complies with Subsection
7Y(2), above, unless he or she finds one or more of the following:
(a) An applicant is under the age of 18 years of age.
(b) An applicant or his or her spouse is overdue in their payment to the Township of taxes, fees, fines or penalties assessed against him or her in relation to an adult entertainment facility, or the property on which it is or is to be located.
(c) An applicant has failed to provide information reasonably necessary for the issuance of the permit, or has falsely answered a question or request for information on the application form.
(d) An applicant is residing with or married to a person who has been denied a permit by the Township to operate an adult entertainment facility within the preceding 12 months, or is residing with a person whose licensed to operate an adult entertainment facility has been revoked within the preceding 12 months.
(e) The premises to be used for the adult entertainment facility are not in compliance with this Zoning Ordinance or any other ordinance of the Township.
(f) The permit fee required by this Zoning Ordinance has not been paid.
(g) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of the Zoning Ordinance.
(h) An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers or directors of a corporate applicant, or any of the partners, including limited partners of a partnership, or the manager or other person in charge of the operation of the business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography, or has or have been convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania, within two years of the date of the application in the event of a misdemeanor, and within five years of the date of an application in the event of a felony.
(i) The proposed activities violate any federal or state law regarding sexual conduct, sexually explicit nudity, obscenity or pornography.
(j) If the Zoning Officer or Codes Enforcement Officer denies a license, or denies the renewal of a license, the applicant shall not be issued a permit for one year from the date of denial, except that the applicant can reapply after he or she has corrected or cured the defects which caused the denial.
(4) A permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment facility. The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment facility so that it may easily be read at any time.
(5) Each permit shall be for a period of one year, and shall be renewable on an annual basis, and shall be renewable only upon application by the applicant, and must at the time of application comply with all of the conditions of this section.
(6) The applicant shall pay an annual fee for the adult entertainment facility in the amount as established, from time to time, by resolution of the Board of Supervisors.
(7) Inspection. An applicant or permittee shall permit representatives of the Township, including the Zoning Officer, Codes Enforcement Officer, or other designated Township officials, and representatives of the police department serving the Township, to inspect the premises of an adult entertainment facility for the purpose of ensuring compliance with this Zoning Ordinance and the law at any time that the adult entertainment facility is occupied and open for business. A failure or refusal to permit such inspection shall be the basis for revocation or suspension of the permit, and shall constitute a violation of this chapter.
(8) Suspension or revocation of permit.
(a) The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or an employee of a permittee has:
1) Violated or is not in compliance with any section of the Zoning Ordinance.
2) Engaged in excessive use of alcoholic beverages while on the adult entertainment facility's premises.
3) Refused to allow an inspection of the adult entertainment facility premises as permitted by this section.
4) Knowingly permitted gambling by any person on the adult entertainment facility premises.
(b) Revocation of permits. The Zoning Officer shall revoke a permit if he or she determines that a permittee or an employee of a permittee has:
1) Been arrested for or charged with violating any law of me Commonwealth of Pennsylvania relating to sexual conduct, sexually explicit nudity, obscene material or pornography, or the Liquor Code, or the Pennsylvania Crimes Code relating to gambling, on the premises of the adult entertainment facility.
2) Such revocation shall be rescinded and the permit shall be reinstated in the event that the permittee or employee of a permittee is adjudicated or adjudged not guilty of such offense or is placed in the accelerated rehabilitative disposition program.
3) A permit shall be revoked if a cause for suspension occurs, and the permit has been suspended or revoked within the preceding 12 months.
4) An applicant has provided false or misleading information or incomplete information in the permitting process as set forth in Subsection
7Y(1),
(2) or
(3) of this section.
5) A revocation shall continue for one year, and the permittee shall not be issued an adult entertainment facility permit for one year from the date revocation became effective, except in the case of a revocation for conviction of a misdemeanor as described in Subsection
7Y(3)(h), in which case the revocation shall be effective for two years, or a felony, as set out in Subsection
7Y(3)(h), in which case the revocation shall be for five years.
(9) Remedies. In addition to remedies for violation of this Zoning Ordinance, a person who operates or causes to be operated an adult entertainment facility without a valid permit, or in violation of this Zoning Ordinance, may be subject to an action in equity or a suit for injunction, or such other actions as shall be permitted by law, at the discretion of the Township.
Z. Bed and Breakfast Inn.
(1) The bed and breakfast inn shall be operated only by members of the immediate family of the owner residing in the dwelling unit where the bed and breakfast inn will be located and a maximum of one non-resident employee.
(2) Only short-term overnight lodging shall be permitted. Maximum guest stay shall be limited to 14 consecutive days and to 14 days in each calendar month.
(3) The character or external appearance of the dwelling unit must be that of a dwelling.
(4) The bed and breakfast inn may not involve any dimensional alterations to an existing building, use of any building constructed or placed after May 3, 2001, or construction or placement of any new building, except that such alteration, enlargement or construction shall be permitted if such building after alteration, enlargement or construction does not have a ground floor area in excess of 2,000 square feet and is not more than three stories high. This limitation shall not apply if the building is at least 500 feet from any neighboring residence.
(5) In addition to the required parking for the dwelling unit, the following parking is required:
(a) One space for the bed and breakfast inn, one space for each guest room available for rent and one space for each employee not residing in the dwelling unit.
(6) All signs shall be consistent with §
27-302.
AA. Wireless Communications Facilities.
(1) General Requirements for All Wireless Communications Facilities. The following regulations shall apply to all Wireless Communications Facilities located within the Township:
(a) Standard of Care.
1) All WCFs shall meet or exceed all applicable standards and provisions of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, the structural standards of the American Association of State Highway and Transportation Officials, the Pennsylvania Uniform Construction Code, and any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail.
2) If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for revocation of the WCF permit and removal of the WCF at the owner's expense.
3) The WCF applicant shall submit proof of compliance with all applicable federal and state standards, including, but not limited to, those established by the Federal Communications Commission, as part of any complete WCF application.
(b) Eligible Facilities Requests. WCF applicants proposing a modification to an existing WCF shall be required only to obtain a building permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures. Such building permit application shall clearly state how the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100. The permit application shall detail all dimensional changes being made to the WCF and wireless support structure.
(c) Noncommercial Usage Exemption. Township citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the requirements of this Subsection
7AA.
(d) Wind and Ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
(e) Aviation Safety. WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(f) Public Safety Communications. WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g) Radio Frequency Emissions. No WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. Proof of compliance with such standards shall be included in any application for a WCF. The Township may periodically request proof of a WCF's continued compliance with such standards.
(h) Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(i) Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring and related costs.
(j) Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this subsection and any other provisions found within the Township Code or state or federal law.
(k) Recertification. The owner of a WCF shall submit a renewal application certifying that the WCF is in operation and remains in compliance with all applicable requirements every five years after approval of the initial permits for the WCF. If the Township determines that the WCF remains in compliance with all applicable regulations, the WCF permit shall be renewed for an additional five year term. A WCF permit may only be renewed for up to two additional terms. If a WCF permit is not renewed as required, the WCF shall be deemed abandoned and may be removed in accordance with Subsection
7AA(1)(l) below.
(l) Abandonment; Removal. In the event that use of a WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date on which the use shall be discontinued. A WCF not operated for a period of 12 months or a WCF for which the applicable permit has expired without recertification shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed by owner as follows:
1) All abandoned or unused WCFs and accessory WCF equipment shall be removed within six months of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Township, unless a time extension is approved by the Township.
2) If the WCF or accessory WCF equipment is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory WCF equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.
3) The Township reserves the right to pursue all available remedies under the law to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay by the Township in taking action shall not invalidate the Township's right to take action.
4) Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of 12 months.
(m) Insurance.
1) Each person that owns or operates a collocated WCF or small WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the WCF.
2) Each person that owns or operates a tower-based WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the WCF.
(n) Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(o) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
1) The WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
2) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(p) Engineer Signature. All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(q) Timing of Approval. The following table details the applicable timeframe of approval for each type of WCF application:
Type of WCF/Application | Notice of Incompleteness | Final Decision |
|---|
Eligible Facilities Request | 30 calendar days from receipt of initial application; 10 calendar days from receipt of supplemental application for subsequent notices | 60 total calendar days from receipt of initial application |
Collocated WCF | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices | 90 total calendar days from receipt of initial application |
Small WCF (Collocated) | 10 business days from receipt of initial or supplemental application | 60 total calendar days from receipt of initial application |
Small WCF (New or replacement Wireless Support Structure) | 10 business days from receipt of initial or supplemental application | 90 total calendar days from receipt of initial application |
Tower-Based WCF | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices | 150 total calendar days from receipt of initial application. |
(2) Specific Requirements for Tower-Based Wireless Communications Facilities. The following regulations shall apply to all tower-based wireless communications that do not meet the definition of a small WCF.
(a) Location Standards.
1) Tower-based WCFs shall not be located in, or within 100 feet of an area in which utilities are located underground.
2) Tower-based WCFs are permitted outside the public right(s)-of-way in the following zoning districts as a special exception, subject to the requirements of this Subsection
7AA:
a) A - Agricultural District.
c) Cv - Conservation District.
(b) Application Requirements.
1) Applications for tower-based WCFs shall be submitted to the Township Zoning Officer and reviewed for compliance with this Subsection
7AA by the Township Zoning Hearing Board.
2) Special Exception Required. Each WCF Applicant proposing the construction of a tower-based WCF shall complete and submit a special use application in accordance with the requirements of §
27-504 of the Township Code.
3) Applications for tower-based WCFs shall include the following:
a) The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed tower-based WCF.
b) A cover letter detailing the location of the proposed site, all equipment being proposed as part of the tower-based WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.
c) A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the tower-based WCF.
d) A description of the type and manufacturer of all proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, the dimensions of each piece of equipment, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
e) An aerial photograph of the proposed site showing the area within a 1,500 foot radius of the tower-based WCF. The aerial photograph shall identify all structures and WCFs within such radius.
f) Photo simulations depicting the tower-based WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the tower-based WCF.
g) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed tower-based WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
h) A report by a qualified engineering expert which shows that the tower-based WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
i) The WCF applicant shall include a copy of a written agreement for use of the land if the WCF applicant is not the owner the parcel on which the tower-based WCF will be constructed.
j) A certificate of insurance as required by this Subsection
7AA.
k) Certification of the application's compliance with all requirements of this Subsection
7AA.
l) All application fees required by the Township as detailed in the Township fee schedule.
(c) Sole Use on a Lot. A tower-based WCF may be permitted as a sole use on a lot, provided such WCF conforms to the regulations set forth in the Township Zoning Ordinance and the following standards:
1) Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
2) Minimum Setbacks. A tower-based WCF shall be set back from any building, structure, property line, or right-of-way (excepting the right-of-way to the tower-based WCF) by a minimum distance equal to 1 1/2 times the height of the tower-based WCF.
(d) Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
1) The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.
2) Minimum Setbacks. A tower-based WCF shall be set back from any building, structure, property line, or right-of-way (excepting the right-of-way to the tower-based WCF) by a minimum distance equal to the height of the tower-based WCF.
(e) Design Regulations.
1) Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township Zoning Hearing Board justifying the total height of the structure. The maximum total height of any tower-based WCF, which is not located in the public right(s)-of-way, shall not exceed 150 feet in height in the Industrial or Commercial zoning districts and 199 feet in height in the Conservation or Agricultural zoning districts.
2) Stealth Technology. The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township Zoning Hearing Board.
3) Any substantial change to an existing tower-based WCF shall require the prior approval of Township Zoning Hearing Board to the extent permitted by applicable law. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the charter of the Township.
4) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
5) The Township Board of Supervisors may require a tower-based WCF to be equipped with an anti-climbing device, as approved by the manufacturer.
(f) Surrounding Environs.
1) The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
2) The WCF applicant shall submit a soil report to the Township to document and verify the design specifications of the foundation of the tower-based WCF and anchors for guy wires, if used.
(g) Fence/Screen.
1) A security fence having a height of not less than six feet or more than eight feet shall completely surround any tower-based WCF located outside the public right(s)-of-way, as well as guy wires, or any building housing WCF equipment.
2) Except for entrances, all fences and walls shall be screened with acceptable landscaping and screening techniques, so that no more than 1/2 of the surface of the fence or wall is visible from a public street or any adjoining property within three years after erection of the WCF. All required landscaping shall be of the evergreen variety and shall be properly maintained to ensure continuous health and vitality. Existing vegetation shall be preserved to the maximum extent possible and may be credited, when appropriate, towards the required screening. The WCF applicant shall have an ongoing obligation to maintain at least the minimum screening required in this subsection, including, as soon as seasonally practicable, the removal and replacement of any screening which dies or is damaged.
(h) Accessory WCF Equipment.
1) Ground-mounted accessory WCF equipment associated or connected with a tower-based WCF shall be underground or screened from public view using stealth technology.
2) All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(i) Land Development. In addition to the requirements of this Subsection
7AA, prior to the issuance of any applicable permits required by this or any other Township ordinance, and prior to commencement of construction, the applicant shall file a land development plan with the Township, if the WCF applicant is leasing a portion of a larger tract. If the WCF applicant is seeking to obtain ownership, including a lease with an option to purchase, a portion of a tract less than the whole tract, he shall in addition file a subdivision and land development plan. All such plans shall comply with Chapter
22, Subdivision and Land Development.
(j) Engineer Inspection. Prior to the issuance of any applicable permits authorizing construction and erection of a tower-based WCF, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.
(k) Collocation and Siting. An application for a new tower-based WCF shall demonstrate that the proposed WCF cannot be accommodated on an existing or approved structure or building. The Township Board of Supervisors may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the WCF on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 mile radius of the site proposed, sought permission to install a WCF on those structures, buildings, and towers and was denied for one of the following reasons:
1) The proposed antenna and accessory WCF equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
2) The proposed antenna and accessory WCF equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
3) Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
4) A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(l) Additional Antennae. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township with a written commitment that it will allow at least three other service providers to collocate WCFs on the tower-based WCF where technically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining approval pursuant to this Subsection
7AA.
(m) FCC License. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(n) Access Road. The Township Board of Supervisors may require that an access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF applicant shall present documentation to the Township that the property owner has granted an easement or other property right for the proposed WCF site.
(o) Historic Buildings. No tower-based WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, located within a historic district, or is included in the official historic structures list maintained by the Township.
(p) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(q) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
(r) Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this subsection. The WCF applicant shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(s) Financial Security. Prior to receipt of any applicable permits for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security in the form of a letter of credit or bond sufficient to guarantee the removal of the tower-based WCF. The amount of said financial security shall be determined based upon industry standards for removal and shall remain in place until the tower-based WCF is removed.
(3) Specific Requirements for Collocated Wireless Communications Facilities. The following regulations shall apply to all collocated WCF that do not meet the definition of a small WCF:
(a) Location Standards.
1) Permitted in all zones subject to regulations. Collocated WCF are permitted outside the public right(s)-of-way in all zones subject to the restrictions and conditions prescribed below and subject to generally applicable permitting by the Township.
(b) Application Procedures.
1) Applications for collocated WCFs shall be submitted to the Township Zoning Officer and reviewed for compliance with this Subsection
7AA.
2) Applications for collocated WCFs shall include the following:
a) The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed collocated WCF.
b) A cover letter detailing the location of the proposed site, all equipment being proposed as part of the collocated WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.
c) A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the collocated WCF. If the structure upon which the collocated WCF will be located currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
d) The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the collocated WCF.
e) An aerial photograph of the proposed site showing the area within 1,500 feet of the collocated WCF. The aerial photograph shall identify all structures within such radius.
f) Photo simulations depicting the collocated WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the collocated WCF.
g) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the design of the proposed small WCF is structurally sound and shall not endanger public health and safety.
h) A report by a qualified engineering expert which shows that the collocated WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
i) A certificate of insurance as required by this Subsection
7AA.
j) Certification of the application's compliance with all requirements of this Subsection
7AA.
k) All application fees required by the Township as detailed in the Township fee schedule.
(c) Permit Required. Any WCF applicant proposing the construction of a collocated WCF shall first obtain any applicable permits from the Township Zoning Officer. New construction shall be prohibited without such a permit.
(d) Proof of Ownership or Agreement. The WCF applicant shall include a copy of a written agreement for use of the property upon which the WCF will be located if the WCF applicant is not the owner such property.
(e) Historic Buildings. No collocated WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township.
(f) Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this subsection. The WCF applicant shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(g) Development Regulations. Collocated WCFs shall be collocated on existing structures, such as existing buildings or tower-based WCFs, if possible, subject to the following conditions:
1) Such WCF does not exceed the maximum height permitted in the underlying zoning district.
2) If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
3) An eight foot high security fence shall surround any separate ground mounted communications equipment building. Except for entrances, all fences and walls shall be screened with acceptable landscaping and screening techniques, so that no more than 1/2 of the surface of the fence or wall is visible from a public street or any adjoining property within three years after erection of the WCF. All required landscaping shall be of the evergreen variety and shall be properly maintained to ensure continuous health and vitality. Existing vegetation shall be preserved to the maximum extent possible and may be credited, when appropriate, towards the required screening. The WCF applicant shall have an ongoing obligation to maintain at least the minimum screening required in this subsection, including, as soon as seasonally practicable, the removal and replacement of any screening which dies or is damaged.
(h) Design Regulations.
1) Collocated WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
2) Collocated WCFs, shall may not exceed a height of 30 feet above the pre-existing height of the support structure upon which they are mounted or the maximum height permitted in the underlying zoning district, whichever is lesser.
3) All WCF applicants must submit documentation to the Township justifying the total height of the collocated WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.
4) Antennas and their respective accompanying support structures shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(i) Removal; Replacement; Modification.
1) The removal or replacement of collocated WCFs and/or accessory WCF equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennas.
2) Any substantial change to a wireless communications facility shall be treated as a new WCF and the owner of such WCF shall submit a new application to the Township in accordance with this Subsection
7AA.
(4) Regulations Applicable to all Small Wireless Communications Facilities. The following regulations shall apply to all small wireless communications facilities in the Township:
(a) Location Requirements.
1) Small WCFs inside the public right(s)-of-way shall be a permitted use in all Township zoning districts, subject to the requirements of this Subsection
7AA and generally applicable permitting as required by the Township Code.
2) Small WCFs that are collocated on existing structures outside the public right(s)-of-way shall be a permitted use in all Township zoning districts, subject to the requirements of this Subsection
7AA and applicable permitting as required by the Township Code.
3) Small WCFs, located outside the public right(s)-of-way, that require the installation of a new or replacement wireless support structure shall be a permitted use in the A - Agricultural, Cv - Conservation, C - Commercial, and I - Industrial districts, subject to the requirements of this Subsection
7AA and applicable permitting as required by the Township Code.
(b) Application Procedures.
1) Applications for small WCFs shall be submitted to the Township Zoning Officer and reviewed for compliance with this Subsection
7AA.
2) Applications for small WCFs shall include the following:
a) The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.
b) A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Township Code, signed by a representative of the WCF applicant.
c) A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
i. If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
ii. If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
d) The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.
e) An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
f) Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.
g) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
h) A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
i) A certificate of insurance as required by this Subsection
7AA.
j) Certification of the application's compliance with all requirements of this Subsection
7AA.
k) All application fees required by the Township as detailed in the Township fee schedule.
(c) Permit Required. Any WCF applicant proposing the construction of a small WCF shall first obtain any applicable permits from the Township Zoning Officer. New construction shall be prohibited without such permits.
(d) Historic Buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, located within a historic district, or is included in the official historic structures list maintained by the Township.
(e) Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the right(s)-of-way based on public safety, traffic management, physical burden on the right(s)-of-way, and related considerations.
(f) Accessory WCF Equipment. Small WCFs and accessory WCF equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right(s)-of-way as determined by the Township.
(g) Attachment to Municipal Structures. Collocation of small WCFs on structures owned by the Township shall be permitted in accordance with the hierarchy detailed in this section, unless directed otherwise by the Township Zoning Officer. If the WCF applicant is proposing the collocation of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that collocation on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the Township's collocation preferences are as follows:
2) Traffic signage poles without traffic signals;
(h) Graffiti. Any graffiti on the small WCF, wireless support structure or on any accessory WCF equipment shall be removed at the sole expense of the owner within 10 days of notification by the Township.
(i) Design Standards. All small WCF in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, a copy of which is on file at the Township.
(j) Resubmission Upon Denial.
1) If the Township denies an application for a small WCF, the Township shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Township Code on which the denial was based, within five business days of the denial.
2) The WCF applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review.
3) Consolidated Applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a 30-day period. If the Township receives more than one consolidated application or 20 single applications within a 45-day period, the applicable timeframe under Subsection
7AA(1)(q) shall be extended by 15 days.
(k) Consolidated Applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a 30-day period. If the Township receives more than one consolidated application or 20 single applications within a 45-day period, the applicable timeframe under Subsection
7AA(1)(q) shall be extended by 15 days.
(l) Relocation or Removal of Facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the right(s)-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
1) The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
2) The operations of the Township or other governmental entity in the right-of-way;
3) Vacation of a street or road or the release of a utility easement; or
4) An emergency as determined by the Township.
(m) Reimbursement for Right(s)-of-Way Use. In addition to permit fees as described in this section, every small WCF in the right(s)-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right(s)-of-way. Such compensation for right(s)-of-way use shall be directly related to the Township's actual right(s)-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right(s)-of-way management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
(n) Time Limit for Completion of Construction. The proposed collocation, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the Township and the WCF applicant agree in writing to extend the period.
BB. Concentrated Animal Feeding Operation (CAFO).
(1) CAFOs are permitted in the A Zone by special exception, and are subject to the requirements of this section, in addition to the general standards for special exceptions in §
27-504, Subsection
6.
(2) An operation shall be considered a CAFO and subject to the regulations of this subsection if it involves the keeping of livestock of the type listed in the table below in excess of the numbers identified in that table, confined within a building or other enclosure as set forth in Subsection
7BB(4)(b) of this section:
| Threshold Table for Concentrated Animal Feeding Operation |
|---|
| Sector | More than_____in number |
|---|
| Cattle or cow/calf pairs | 300 |
| Mature dairy cattle | 200 |
| Veal calves | 300 |
| Swine (weighting 55 pounds or over when shipped off farm) | 750 |
| Swine (weighting less than 55 pounds when shipped off farm) | 3,000 |
| Horses | 150 |
| Sheep or lambs or goats | 3,000 |
| Turkeys | 16,500 |
| Laying hens or broilers (liquid manure handling system) | 9,000 |
| Chickens other than laying hens (other than a liquid manure handling system) | 37,500 |
| Laying hens (other than liquid manure handling system) | 25,000 |
| Ducks (other than a liquid manure handling system) | 10,000 |
| Ducks (liquid manure handling system) | 1,500 |
(3) A CAFO shall be designed and operated to minimize the negative impacts on the natural environment, neighboring residents and uses, and on Township facilities, such as public streets.
(4) Notwithstanding the setback requirements in §
27-204, the following setbacks shall apply to all CAFOs:
(a) All manure storage facilities, as defined in the Nutrient Management Act, shall be located at a minimum.
1) One hundred feet of a perennial stream, river, spring, lake, pond or reservoir.
2) One hundred feet of a private water well or open sinkhole.
3) One hundred feet of an active public drinking water well, unless other state or federal laws or regulations require a greater isolation distance.
4) One hundred feet of an active public drinking water source surface intake, unless other state or federal laws or regulations require a greater isolation distance.
5) Two hundred feet from any property line, unless the landowners within that distance from the facility otherwise agree and execute a waiver in a form acceptable to the state or county regulating agencies.
6) Two hundred feet of a perennial stream, river, spring, lake, pond, reservoir or any water well where these facilities (except permanent stacking and composting facilities) are located on slopes exceed 8% or have the capacity of 1.5 million gallons or greater.
7) Three hundred feet from any property lines where any of the facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8%, where the slope is toward the property line, or have the capacity of 1.5 million gallons or greater, unless the landowners within that distance from the facility otherwise agree and execute a waiver in a form acceptable to the state or county regulating agencies.
8) The strictest applicable setback requirement in this subsection shall apply for manure storage facilities.
(b) All buildings and open areas in which animals are kept (whether or not combined with a manure storage facility), including, but not limited to, animal confinement areas of poultry houses, horse stalls, free stall barns or bedded pack animal housing systems or similar structures (all of which shall be collectively referred to in this section as animal housing buildings), excluding manure storage facilities regulated by the Nutrient Management Act and Subsection
7BB(4)(a), shall be located at a minimum:
1) Two hundred feet from any property line.
2) Three hundred feet from any property lines where any of the facilities are located on slopes exceeding 8%, where the slope is toward the property line, or have the capacity of 1.5 million gallons or greater.
3) Three hundred feet from any well, whether public or private, or water source surface intake used for human consumption in any manner.
4) Five hundred feet from any property line of land which is in the R, R-II or C Zones, or from any dwelling or dwelling unit not on the property which is the subject of the application for a CAFO.
5) Two hundred feet from any public street line or right-of-way.
6) Three hundred feet from a park, wildlife refuge, natural resource management area or wild land area.
7) All setbacks addressed in Subsection
7BB(4)(a) which are not specifically addressed in this Subsection
7BB(4)(b) shall also apply to this subsection.
(c) The most stringent applicable setback requirement in this Subsection
7BB(4) shall apply.
(d) If the CAFO equals or exceeds three AEUs per acre on an annualized basis, then the setbacks required in Subsection
7BB(4)(b) shall be increased by 100 feet for the third AEU per acre, and an additional 100 feet for every AEU or portion thereof per acre above three.
(5) Design and Location of Facilities.
(a) Animal housing buildings shall be designed and located in relationship to other uses on and off the property, prevailing winds and topography.
(b) There shall be an adequate year-round supply of water, as calculated in this subsection. If connection to an existing public water supply system is proposed, the applicant must submit an agreement committing the public water supply system to provide such water as will be utilized by the proposed special exception use for such period of time and under such terms and conditions as the public water supply system provides water service elsewhere in its service area. If the water supply system proposed involves the utilization of water obtained from the tract proposed for the location of the special exception use or from a nearby tract, the applicant must:
1) Establish that the groundwater recharge on the tract where the water supply system is located, after development, computed during drought conditions (periods when the precipitation is 40% below normal) will exceed projected water usage, as certified by a hydrologist or hydrogeologist properly licensed as such by the Commonwealth of Pennsylvania.
2) Provide calculations showing the amount of water needed, and a determination of the sufficiency of the amount available at the site as certified by a hydrologist or hydrogeologist properly licensed as such by the Commonwealth of Pennsylvania. Such determination shall include an on-site evaluation consisting of at least a determination of the flow and a draw-down test of the well which will serve the CAFO and monitoring of another well, either on or off the site, during such testing.
The Zoning Hearing Board may require as a condition of approval that the applicant execute an agreement with the Township committing the proposed special exception use not to utilize more groundwater on a daily basis than the groundwater recharge computed during drought conditions and to establish procedures pursuant to which usage can be verified.
(6) Access; Travel Routes.
(a) Vehicular access from the public street shall be adequate to support the volume, weight, and type of vehicular traffic to the facility, and there shall be paved areas at or approximate to the animal housing buildings adequate to park the types, weights and sizes of vehicles necessary to transport the animals to and from the use. For purposes of this subsection, paving shall be adequate if it is stone of a base and size sufficient to meet the particular requirements of the use, and the weights, sizes and types of vehicles necessary to carry on the use, including transporting the animals, as certified to by an engineer, licensed by the Commonwealth of Pennsylvania, and as approved by the Township Engineer.
(b) Additionally the applicant shall make such improvements to the public roads abutting the property as shall be necessary as determined by the Township Engineer to support the vehicular traffic anticipated for the use, including necessary turning radii into the property.
(c) The applicant shall also set out, as part of the application, the route which shall be used by transport vehicles for feed and delivery and pickup of the animals. Such route shall, to extent possible, use state roads. The Zoning Hearing Board shall set a travel route as a condition of approval, consistent with the requirements of this subsection).
(7) Pollution Controls.
(a) Proper manure management is required. This shall include facilities to remove, store, transport, treat and/or dispose of all animal or poultry wastes in a manner that will not be harmful to the natural environment and so as to control odor off of the property which is the subject of the application. Calculations of the amount of manure to be produced, the amount of land needed for its disposal and proof that the applicant owns or has guarantee of the use of land needed for disposal shall be submitted, verified and approved by the Township. Compliance with the Nutrient Management Act and the regulations as evidenced by approval of the plan and issuance of a permit by the Pennsylvania Department of Environmental Protection or its designee shall constitute compliance with this subsection, provided that a copy of such plan and permit, and any subsequent amendments to the plan or permits, are filed with the Township.
(b) Runoff, especially from open feed lots and manure storage areas, shall be controlled to prevent water pollution. An NPDES permit for a CAFO approved pursuant to 25 Pa. Code, Chapter 102, shall constitute compliance with this subsection, provided that a copy of such permit, and any subsequent amendments to the permit, are filed with the Township.
(c) Adequate manure storage facilities are required so that the operator can store manure during the winter, rather than applying it to frozen ground, or, alternatively, dispose of manure in an otherwise acceptable manner, such as by a daily haul. Compliance with the Nutrient Management Act and the regulations shall constitute compliance with this subsection, provided that a copy of such plan, and any subsequent amendments to the plan, are filed with the Township, and provided that the plan addresses manure storage during the winter, and prohibits application to frozen ground.
(d) Where applicable, documentation that the location of facilities and manure storage facilities near floodplains complies with the Pennsylvania Floodplain Management Act and the Hopewell Township Zoning and Subdivision and Land Development Ordinances.
(e) The applicant shall submit with his application for a special exception a fly control plan proposing the use of the best available practice or procedure for fly control both at the location of the operation and at the ultimate disposal site for the animal waste if within or adjacent to Hopewell Township. The applicant shall also submit with the application for special exception a plan proposing the use of the best available practice and procedure for preventing or minimizing odors at the ultimate disposal site of the animal waste if within or adjacent to Hopewell Township.
(f) The applicant shall make provisions for the removal from the property or sanitary disposal of dead animals within 24 hours of their death, consistent with the stricter of all state or federal regulations, and shall provide the Township with evidence of such compliance.
(g) In all other respects, the environmental regulations of §
27-316 shall apply, except that, between those and these regulations, the more stringent regulations shall apply.
(8) Plans Required. Detailed plans and drawings of the animal housing buildings and manure storage facilities prepared by a registered engineer or architect and operating procedures shall be submitted. Where calculations are required, the source of the information on which they are based shall be included. Such plans and drawings for consideration by the Zoning Hearing Board shall be in sufficient detail to provide the Zoning Hearing Board with sufficient information to act on the special exception application. Additionally, prior to obtaining any zoning permits pursuant to this chapter, or any other permits required by any other federal, state, county, or Township statutes, rules, regulations or ordinances, a land development plan in accordance with the requirements of the Hopewell Township Subdivision and Land Development Ordinance, and a stormwater management plan meeting the requirements of the Hopewell Township Stormwater Management Ordinance and any other applicable ordinances of the Township, must be submitted and approved by the Township Board of Supervisors.
(9) Review. The applicant shall be required to present written documentation that:
(a) The York County Agricultural Extension Service or appropriate Extension Specialists at the Pennsylvania State University, or other similar consulting agency, have reviewed and approved the design of facilities for housing the animals and the proposed management procedures.
(b) The York County Conservation District or other designated agency has reviewed and approved the nutrient management plan, including the storage and disposal of manure and contaminated run-off.
(10) The applicant shall provide written evidence that:
(a) The proposed operation meets all the requirements of the Pennsylvania Clean Streams Law and any other applicable state laws, and that any required permits have been obtained from the Pennsylvania Department of Environmental Protection, or its designee.
(b) An NPDES permit has been obtained from the U.S. Environmental Protection Agency or its designee, or that such a permit is not required for the operation; and that the requirements of any other applicable federal and state laws and regulations have been met.