[Ord. 12-10-12(E), 12/10/2012, § 27-1001]
1.
The Township Supervisors shall, in making decisions on each application
for a conditional use, consider the following general criteria, in
addition to the special criteria established elsewhere in this chapter:
A.
The purpose of the zoning district in which the requested conditional
use is to be located and the compatibility of the requested conditional
use with existing and potential land uses on adjacent tracts of ground.
B.
Whether the specific site is an appropriate location for the use,
structure or condition.
C.
Whether the use developed will adversely affect the neighborhood.
D.
Whether the use will create undue nuisance or serious hazard to vehicles
or pedestrians.
E.
Whether adequate and appropriate facilities and services will be
provided to ensure the proper operation of the proposed use.
F.
The economic, noise, glare, or odor effects of the conditional use
on adjoining properties and properties generally in the district.
G.
Whether satisfactory provision and arrangement has been made concerning
the following:
(1)
Ingress and egress to the property and structure thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow, control and access in case of fire or other emergency.
(2)
Off-street parking and loading areas.
(3)
Waste collection, storage or disposal.
(4)
Utilities, with reference to location, availability and compatibility.
(5)
Screening and buffering with reference to type, dimensions and
character.
(6)
Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect and compatibility and harmony
with properties in the district.
(7)
Required yards and open spaces.
[Ord. 12-10-12(E), 12/10/2012, § 27-1001.1]
1.
Submission Requirements. A proposed site location statement and agreement
shall be submitted with the conditional use application prior to the
granting of permission to locate a water storage, water dilution and
water pumping facility.
2.
Content. The proposed site location agreement shall specify the terms,
conditions and provisions under which a water storage, water dilution
and water pumping facility shall be constructed, maintained and operated,
including, but not limited to, the following:
A.
Facility construction and maintenance procedures.
B.
Operating procedures and practices, the design of the facility and
its associated activities.
C.
Monitoring procedures, practices and standards necessary to assure
safe operation of the facility.
D.
The services to be offered by the applicant to the community.
E.
The compensation, services and special benefits to be provided, if
any, to the community by the applicant and the timing and conditions
of their provision.
F.
Provisions for renegotiations of any term, condition or provision
of the siting agreement.
G.
Provisions for compensation to be paid to abutting landowners, residents,
occupants or impacted communities for demonstrated adverse impacts.
H.
Provisions for resolving any disagreements in the construction and
interpretation of the siting agreement that may arise between parties.
I.
Provision for direct monetary payments, if any, to the Township and
special services to be provided for demonstrated adverse impacts.
J.
Provision to assure the health, safety, comfort, convenience and
social and economic security of the Township.
K.
Provision to assure the protection of environmental and natural resources.
L.
Provisions to compensate the Township, the county and/or other agencies
for the review costs incurred due to the applicant's proposal,
and to allow site access for review purposes.
[Ord. 12-10-12(E), 12/10/2012, § 27-1002]
1.
The operation of a conditional use shall not be permitted by the
Township Supervisors unless all necessary permits for such use have
been issued by the proper Township, county, state and federal agencies
and copies of each have been forwarded to the Township. These conditional
uses shall also be operated in accordance with all county, state or
federal rules and regulations which pertain, and in instances where
two or more sets of regulations apply, the stricter of the two shall
govern. Failure on the part of the operator to comply with any of
the regulations and conditions listed below may result in the retraction
by the Township of its approval to operate a conditional use in the
Township.
2.
No work, other than minimal landscaping, shall take place on the
site until Township approval of conditional use is granted.
3.
Minimum lot sizes of 10 acres shall be required for the following
uses:
4.
Any extraction wall shall be located a minimum of 125 feet from any
public road or public right-of-way.
[Ord. 12-10-12(E), 12/10/2012, § 27-1002.1]
1.
Lighting conditional use requests, either temporary or permanent,
shall be directed downward and inward toward the activity, to the
extent practicable, so as to minimize the glare on public roads and
nearby buildings within 100 feet of the facility.
2.
Lighting at the facility, when practicable, shall be limited to security
lighting. Additional lighting requirements are contained in Covington
Township Lighting Ordinance, Ord. 12-10-12(B) [Chapter 16], which
is incorporated herein by reference.
[Ord. 12-10-12(E), 12/10/2012, § 27-1002.2]
Permanent structures, both principal and accessory, shall comply
with the height regulations for the zoning district in which they
are located.
[Ord. 12-10-12(E), 12/10/2012, § 27-1002.3]
[Ord. 12-10-12(E), 12/10/2012, § 27-1002.4]
1.
The applicant shall take the following steps to minimize, to the
extent possible, noise resulting from the facility:
A.
Prior to commencing operations, the applicant shall establish by
generally accepted testing procedures, the continuous seventy-two-hour
ambient noise level at the nearest property line of a residence or
public building, school, medical, emergency or other public facility,
or 100 feet from the nearest residence or public building, medical,
emergency or other public facilities, whichever point is closer to
the affected residence or public building, school, medical, emergency
or other public facility. In lieu of the establishment of the ambient
noise level established by the continuous seventy-two-hour test the
applicant may assume and use, for the purpose of compliance with this
chapter, a default ambient noise level of 55 dbA at 300 to 1,200 cycles
per second. The sound level meter used in conducting any evaluation
shall meet the American National Standard Institute's standard
for sound meters or an instrument and the associated recording and
analyzing equipment, which will provide equivalent data. The following
sources are exempt from the noise standards:
(1)
The unamplified human voice.
(2)
Construction or routine maintenance of essential service installations.
(3)
Temporary activities relating to the construction and maintenance
of buildings and facilities (including site preparation) between the
hours of 7:00 a.m. and 5:00 p.m. Monday through Saturday.
(4)
Church bells.
(5)
Occasionally used safety signals and warning devices.
B.
The applicant shall provide Covington Township documentation of the
established ambient noise level prior to starting operations.
C.
The noise generated during operations of a natural gas compressor
station or a natural gas processing plant shall not exceed the average
ambient noise level established in Subsection 1A by more than six
decibels. Allowable increase shall not exceed the average ambient
noise level for more than 10 minutes within any one-hour period.
D.
No physical vibrations shall be perceptible without use of instruments
at or beyond the lot lines.
2.
Effective sound mitigation devices shall be installed to permanent
facilities to address sound levels that would otherwise exceed the
noise level standards when located near a residence, public building,
school, medical, emergency or other public facilities.
3.
Oil and gas development facilities performing the equivalent functions
shall be constructed so as to mitigate sound levels, or have installed
mitigation devices to mitigate sound levels that would otherwise exceed
the ambient noise level standards at residential or public buildings,
medical, emergency or other public facilities.
[Ord. 12-10-12(E), 12/10/2012, § 27-1002.5]
1.
This conditional use requirement may not be applicable to all application.
A.
A fence shall be erected along all boundary lines of the permitted
area. The fence shall be a minimum height of eight feet and shall
be constructed of suitable materials to blend in with the surrounding
area. The fence shall not contain openings greater than three square
inches and shall contain, at all entrances, gates which shall be locked
except during operating hours.
B.
A buffer yard shall be maintained along all boundaries of the facility,
except at the entrance. All buffer yards shall include a planted landscape
screen composed of both low level and a high level screen. The species
and spacing of the trees shall be approved by the Township and shall
be such to constitute an effective screen. The height level screen
shall consist of a combination of evergreen and deciduous trees with
no deciduous specimen less than eight feet in height when planted
and no more than 25 feet apart on center. The evergreen trees shall
be no less than six feet in height when planted and spaced at intervals
of not more than 10 feet apart. The operator shall maintain the planted
screen and replace any plant material that does not live within one
year of initial planting.
[Ord. 12-10-12(E), 12/10/2012, § 27-1002.6]
In all districts, no use, activity, or process shall be conducted
which produces electric and/or magnetic fields which adversely affect
public health, safety, and welfare, or interfere with normal radio,
telephone, or television reception off the premises where the activity
is conducted. All such users must comply with all FCC rules and regulations.
[Ord. 12-10-12(E), 12/10/2012, § 27-1002.7]
The owner/operator shall maintain and make available during
normal working/business hours at its office and/or building site all
permits and approved plans required by all governmental regulatory
agencies having jurisdiction over the permitting, operation, maintenance
and/or reclamation of such a facility including those of the Township.
[Ord. 12-10-12(E), 12/10/2012, § 27-1002.8]
1.
A transportation plan shall be submitted to the Covington Township
Supervisors for any conditional uses that will cause an increase in
traffic, changes in traffic patterns and/or changes in types of vehicles
accessing the area with the exception of employees going to or from
work. This plan shall show the width, bearing capacity, type of road
surface of all Covington Township roads used by all truck traffic
to or from the site and of the nearest state road. This plan shall
also list the weight of all vehicles expected to use the facility.
The plan shall pay careful attention to the impact of truck activity
associated with the conditional use upon any school bus using the
same road. This plan will be completed by a professional engineer
with experience in transportation analysis and planning. The engineer
will be chosen from a list of such persons submitted to the Township
by the applicant for a conditional use. The person(s) chosen must
meet with the satisfaction of the Township. Conditional use applicants
must assume the cost of such transportation plan. Should the transportation
plan indicate that the conditional use will pose a significant transportation
hazard to other users of Township roads, permission to site a conditional
use may be denied.
2.
The operator
of any conditional use shall post security with Covington Township
to cover the cost to repair, reconstruct or resurface any public roads,
bridges or drain pipe which are damaged or subjected to excessive
wear resulting from the use of said roads, bridges and drain pipes
by the operator or others in connection with the operation of the
conditional use. In lieu thereof the operator may enter into an agreement
with Covington Township to make an annual contribution to be used
in the maintenance of said roads, bridges and drain pipes.
3.
Truck
access to any conditional use shall be so arranged as to minimize
danger to traffic and nuisance to surrounding properties and to ensure
the continued quality of public roads. There should be a minimum of
500 feet of sight distance at the entrance to the facility with the
exception of cellular communications facilities. No facility access
road shall be over a road within a Residential District.
4.
All access
drives on site for any conditional use with the exception of cellular
communications facilities shall be completed paved for a distance
of at least 200 feet from the road right-of-way. In addition, if any
portions of the on site access drives are unpaved, then a fifty-foot
long gravel section of the driveway shall be placed just beyond the
preceding two-hundred-foot paved section to help collect any mud that
may have attached to the vehicles wheels. The maintenance of these
drives shall be the responsibility of the operator as long as the
use continues.
5.
Sufficiently
long vehicle stacking lanes in the facility shall be provided on site
so that vehicles to be weighed or serviced do not back onto public
roads. The facility operator shall be responsible for compliance with
this provision.
[Ord. 12-10-12(E), 12/10/2012, § 27-1002.9]
1.
No gases, vapors, or fumes shall be emitted which are harmful to
persons, property, animals, or vegetation beyond the lot lines of
the lot on which gases, vapors, or fumes originate. No toxic or corrosive
gases, vapors, or fumes shall be released into the atmosphere.
2.
No odor shall be permitted at any lot line which exceeds the lowest amount set forth in Table III, "Odor Thresholds," of Chapter 5, "Physiological Effects," of the Air Pollution Abatement Manual of the Manufacturing Chemists Association, according to the latest edition of such table for the chemical compounds therein described. For compounds not described in Table III, odor thresholds may be established by methods indicated in Chapter 5 of the manual, and no odor shall be permitted at any lot line that exceeds the amount determined by the application of such method.
3.
The regulations of the Pennsylvania Department of Environmental Protection
shall be complied with for fugitive emissions, particulate matter
emissions, sulfur compound emissions, standards for sources, sources
of volatile organic compounds, emission of hazardous air pollutants,
and ambient air quality sources, and other relevant regulations.
4.
No person shall permit the emission into the outdoor atmosphere of
visible air contaminants in such a manner that the opacity of the
emission is greater than 20%, except where the presence of uncombined
water is the only reason for the failure of the emission to meet this
limitation.
[Ord. 12-10-12(E), 12/10/2012, § 27-1003]
1.
All blasting operations by conditional uses shall be in accordance
with guidelines established by the Pennsylvania Department of Environmental
Protection. A blasting plan shall be submitted to the Township prior
to any blasting. The plan shall be drafted by a person(s) skilled
in the preparation of such plans. Blasting shall only occur Monday
through Friday between the hours of 9:00 a.m. and 5:00 p.m., prevailing
time.
2.
Extractive uses must submit a reclamation plan to Covington Township
prior to commencing operations. The plan shall include a concurrent
system of reclamation as opposed to a total reclamation at the end
of the activity. A person(s) skilled in the preparation of such plans
must be approved by the Township prior to its drafting and submission.
The Township must also approve of the plan prior to any work on the
site.
3.
Sites affected by extractive uses shall be reclaimed by a replanting
of 75% hardwoods and 25% evergreens at a rate of 680 plants per acre.
These plantings must be still living two years after their placement.
Any which fail to survive must be replaced by the operator at his
own expense until a proper cover has been permanently established.
[Ord. 12-10-12(E), 12/10/2012, § 27-1004]
1.
A litter control plan must be submitted to and approved by Covington
Township before operations commence. A part of that plan shall include
weekly pickup and disposal of all materials which have the potential
to be carried off site by the wind or water for the duration of activity.
2.
The unloading, processing, treatment, transfer and disposal of waste
shall be continuously supervised by a qualified facility operator.
3.
Any waste to be recycled shall be stored in leak and vector-proof
containers. Such containers shall be designed to prevent their being
carried by wind or water. Such containers shall be stored within a
completely enclosed building.
4.
The applicant shall furnish expert testimony regarding emergency
preparedness measures provided and/or otherwise available to respond
to potential hazards regarding the spill of waste materials during
transport to and from the site, and potential hazards regarding firefighting
of waste materials upon the site. A plan drafted by a person(s) qualified
in these matters shall be submitted to the Township for their approval
prior to granting a conditional use.
[Ord. 12-10-12(E), 12/10/2012, § 27-1005]
1.
Compressors are required to be enclosed in a building with doors.
2.
The building and roofing color is required to blend with the community
character of the site.
3.
A written commitment to Covington Township from the applicant that
the site will be restored within one year following the termination
of production.
[Ord. 12-10-12(E), 12/10/2012, § 27-1006]
1.
Submission Requirements. An environmental assessment statement shall
be submitted to the Township prior to approval for the following conditional
uses:
2.
Content and Purpose. The purpose of the assessment is to determine
the impact of the project on the environment of the existing site,
and the resultant changes the proposal will have on the immediate
site and surrounding area so that the Township can make informed decisions
relating to the proposed action.
3.
In preparation of this document only factual information, not subjective
statements, shall be presented. The assessment shall include:
A.
Description of the Proposal. Describe the proposed or recommended
actions, its purpose, where it is to be located, when it is proposed
to take place, and its interrelationship with other projects or proposals,
including information and technical data sufficient to permit assessment
of the environmental impact by the Board of Supervisors.
B.
Description of the Environment. Include a comprehensive description
of the existing environment without the proposal and the probable
future environment with the proposal. This description should focus
both on the environmental details most likely to be affected by the
proposal and on the broader regional aspects of the environment, including
ecological interrelationships. Particular attention should be given
to the potential effects of past or present use of the site as a repository
for toxic or hazardous wastes.
C.
The Environmental Impact of the Proposed Action. Describe the environmental
impacts of the proposed action. These impacts are defined as direct
or indirect changes to in the existing environment, either beneficial
or detrimental. Whenever possible these impacts should be quantified.
This discussion should include the impact not only upon the natural
environment but upon land use as well. Provide separate discussion
for such potential impacts as man-caused accidents and natural catastrophes
and their probabilities and risks. Specific mention should also be
made of unknown or partially understood impacts.
D.
Mitigating Measures Included in the Proposed Action. Include a discussion
of measures which are proposed to be taken or which are required to
enhance, protect, or mitigate impacts upon the environment, including
any associated research or monitoring.
E.
Any Adverse Affects Which Cannot Be Avoided Should the Proposal Be
Implemented. Include a discussion of the unavoidable adverse impacts
described in paragraphs .A and .C above, the relative values placed
upon those impacts, and an analysis of who or what is affected and
to what degree affected.
F.
The Relationship Between Local Short-Term Uses of the Environment
and the Maintenance and Enhancement of Long-Term Productivity. Discuss
the local short-term use of the environment involved in the proposed
action in relation to its cumulative and long-term impacts and to
its relationship to trends of similar actions which would significantly
affect ecological interrelationships or pose long-term risk to health
or safety. Short-term and long-term do not refer to any fixed time
period, but should be viewed in term of the various significant ecological
and geophysical consequences of the proposed action.
G.
Any Irreversible and Irretrievable Commitments of Resources Which
Would Be Involved in the Proposed Action Should it Be Implemented.
Discuss and quantify where possible, any irrevocable uses of resources,
including such things as resource extraction, erosion, destruction
of archaeological or historical sites, elimination of endangered species'
habitat, and significant changes in land use.
H.
Alternatives to the Proposed Action. Describe the environmental impacts,
both beneficial and adverse, of the various alternatives considered.
I.
Outline Considerations for Developing Environmental Assessment Statements.
(1)
Description of the Proposal.
(a)
Who is proposing the action?
(b)
What is the nature of the action being taken?
(c)
What is it designed to accomplish? What identified needs will
be met and to what degree?
(d)
Where will it take place?
(e)
When will it take place?
(f)
How does it fit in with the planning efforts of Covington Township,
Tioga County and the Commonwealth of Pennsylvania?
(2)
Describe the Environment.
(a)
What are the present and past land uses of the site and of the
surrounding area?
(b)
Comment on any special topographic features which may be present.
(c)
Describe the site's surface and subsurface geological characteristics.
(d)
Describe the nature of the soils in the area, particularly their
fertility and susceptibility to erosion.
(e)
Describe the area's water resources, with specific reference
to groundwater, water quality, aquifers and aquifer recharge areas,
and areas subject to flooding.
(f)
Describe the area's vegetation, including species composition,
distribution, commercial utility and aesthetics. Special reference
should be made to unusual or unique species such as seasonal use by
endangered or threatened species.
(g)
Describe the nature of existing transportation routes in the
immediate area and the accessibility to the project site.
(3)
Environmental Impact of the Proposed Action.
(a)
What will be the effect on land uses in the area?
(b)
Will the project affect a site listed on the National Register
of Historic Places?
(c)
In what way will soils and topography be affected? Consider
such things as soil compaction, erosion, exposure of slopes, excavation
creation of unstable slope/soil configurations, cutting and filling,
removal of topsoil, paving, loss of existing natural landscape qualities,
blockage of view lines to landmarks, blockage of view corridors, etc.
(d)
Will solid wastes be generated? How and where will they be disposed
of? Indicate what types and volumes will be generated and how and
where it will be stored prior to disposal and method of disposal.
Discuss removal of clearance, demolition, and construction wastes.
(e)
How will water resources be affected? Consider the water table,
runoff, sewer systems, rivers and streams, water supply etc. Indicate
content of any effluent which will be discharged. Address loss of
floodwater absorption capacity in natural absorption areas, effects
on stream volume, velocity, and seasonal flows, diversions or blockage
of surface water, alterations of natural watercourses, introduction
or increase of effluents or toxic, hazardous, or radioactive substances
to runoff or water bodies, effects on aquatic life, any blockage or
impairment of access to watercourses, effects on groundwater recharge,
release of groundwater supply, withdrawal of groundwater supplies,
blockage of groundwater flow, contamination of groundwater supply,
effect on water temperatures, sedimentation, changes in levels of
water bodies.
(f)
How will vegetation be affected? Discuss the removal of ground
cover, loss of valuable local species, loss of wildlife habitat, the
introduction of vegetation which will spread onto adjacent lands,
the introduction of exotic vegetation and the creation of highly visible,
drying or decaying vegetation.
(g)
How will fauna be affected? Consider habitat destruction, reduction
of population, impact caused by human intrusion, mobility restriction,
food chains, etc.
(h)
How will transportation routes be affected? Consider congestion,
hazards, capacities of affected roads and intersections and traffic
to be generated, generation of truck traffic.
(i)
Effect on air quality and ambient noise levels. Include what
odors will originate: types and concentrations of gases, vapors, particulates,
and smoke; noise and vibration levels at property lines. Indicate
whether heat or glare will be present near property lines and the
level of heat and/or glare. Indicate levels of electromagnetic radiation
at property lines. Indicate effects on local temperatures and wind
circulation and whether there are any plants, animals, or materials
in the area that are particularly susceptible to expected emissions.
Indicate the nature, concentration and quantity of radioactive material
to be discharged to the environment, pathways for entering the environment,
does to populations and biota, and possible concentrations through
food chains.
(j)
Describe management practices proposed for the area.
(4)
Mitigating Measures Included in the Proposed Action. Discuss
actions or measures which will be taken to avoid or alleviate adverse
environmental effects. Include reference to erosion control methods
and adherence to air, noise or water pollution control techniques
and standards.
(5)
Unavoidable Adverse Effects. If adverse effects have been identified
in subparagraph (3) and cannot be mitigated they should again be identified
here. Describe who or what will be affected, and to what degree. Quantify
wherever possible.
(6)
Relationship Between the Local Short-Term Use of Man's
Environment and the Maintenance and Enhancement of Long-Term Productivity.
What are the impacts of the proposal in the context of other similar
projects? In what way will future generations be affected by currently
proposed action? How do the immediate and long-range impacts on the
area with the project compare with the immediate and long-term impacts
without the project?
(7)
Any Irreversible or Irretrievable Commitments of Resources.
Discuss any irrevocable commitments of resources resulting from implementation
of the proposal. An evaluation must be made of the extent to which
the proposed action curtails or restricts the range of possible resource
uses. Such commitments may occur because of resource extraction, erosion,
destruction of archeological, geological or historic features, destruction
of fragile habitat or threatened or endangered or species of special
concern habitat, unalterable changes in land use, and resources used
in project development.
(8)
Alternatives to the Proposed Action. Identify alternatives which
may be considered, including modification of the present proposal
and different approaches gaining the same result. The beneficial and
adverse effects of the alternatives should be discussed, along with
the reasons for possible rejection. Consideration should be given
to alternate construction methods which may avoid environmental degradation.
[Ord. 12-10-12(E), 12/10/2012, § 27-1007]
1.
Required for all mining, extraction uses including quarrying.
A.
Preparation of Study. A geologic study shall be prepared by a registered
professional geologist or hydrologist, and shall be submitted with
the conditional use application prior to the granting of permission
to site a conditional use.
B.
Content. The geologic study shall evaluate the geologic conditions
of the site and surrounding area in sufficient detail to be able to
ascertain what impact the conditional use will have on the proposed
site. Specific conditions to be studied include, but are not limited
to, the following:
(1)
Identification of rock strata and depth.
(2)
Past history of folding, faulting and movement.
(3)
Identification of any subsurface coal, hydrocarbon, natural
gas or other material with commercial value.
(4)
Identification and delineation of any past surface or subsurface
mining or extraction areas, including stratigraphic and geographic
extent of mining or extraction, remaining materials inventory, regulatory
history of mining or extraction activities.
(5)
Analysis of the potential for current conditions or past activities
to adversely impact the proposed use.
(6)
Analysis of the potential for the proposed use to adversely
impact ground water, nearby water wells in and out of the Township
or the environment.
(7)
Proposed methods of mitigating or preventing adverse impacts
from geologic or hydrogeologic events.
C.
Hydrogeologic Component. The study shall contain a hydrogeologic
component which shall describe, inventory, analyze and evaluate the
existing hydrogeology conditions in terms of both water quality and
quantity. The study shall describe the changes to hydrogeologic conditions
which may occur as a result of the proposed use; quantify the potential
for changes in water quantity or quality; and where adverse changes
are anticipated, propose methods or means of reduction or mediation
of such adverse impacts.
[Ord. No. 2-2019, 11/13/2019]
1.
Medical marijuana dispensaries shall be subject to the following:
A.
Medical marijuana dispensaries are only permitted in the Light Industrial
District if approved as a conditional use.
B.
Dispensaries are also subject to the following:
(1)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the Pennsylvania Department of Health.
(2)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building, and shall
not be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(3)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(4)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the Pennsylvania Department of Health
policy and shall not be placed within any unsecure refuse containers.
(5)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of medical marijuana and unauthorized entrance
into areas containing medical marijuana.
(6)
Permitted daily hours of operation of a medical marijuana dispensary
shall be 8:00 a.m. to 8:00 p.m.
(8)
A medical marijuana dispensary may not locate within 1,000 feet
of the property line of a public, private, or parochial school or
day-care center.
(9)
A medical marijuana dispensary may only dispense medical marijuana
to certified patients and medical marijuana caregivers, and shall
comply with all lawful, applicable state and local health regulations.
(10)
A medical marijuana dispensary shall comply with the separation
requirements set forth in the Medical Marijuana Act.[1] The separation distance shall be measured using a pedestrian
route continually accessible to the public, measured from lot line
to lot line, regardless of municipality in which it is located.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(11)
Parking requirements will follow the parking schedule for retail
uses applicable to the district in which the dispensary is located.
(12)
Vehicular ingress and egress to and from a medical marijuana
dispensary site shall be designed to accommodate the anticipated vehicles
used to service the facility.
(13)
No pictures, photographs, drawings or other depictions of marijuana
or marijuana paraphernalia shall appear on the outside of any medical
marijuana dispensary facility or any sign associated therewith.
2.
Medical marijuana growers/processors shall be subject to the following:
A.
Medical marijuana growers/processors are only permitted in an Industrial
District if they met the requirements of a conditional use.
B.
Medical marijuana growers/processors are also subject to the following:
(1)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
(2)
The maximum floor area of a medical marijuana grower/processor
shall be limited to 20,000 square feet, of which sufficient space
must be set aside for secure storage of marijuana seeds, related finished
product, and marijuana-related materials used in production or for
required laboratory testing.
(3)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the Pennsylvania Department of Health
policy and shall not be placed within any unsecure refuse containers.
(4)
The grower/processor shall provide only wholesale products to
other permitted medical marijuana uses. Retail sales and dispensing
of medical marijuana and related products are prohibited at medical
marijuana grower/processor facilities.
(5)
Growers/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(6)
Parking requirements will follow the parking schedule found
in Township ordinances.
(7)
Vehicle ingress and egress to and from a medical marijuana grower/processor
shall be designed to accommodate the anticipated vehicles used to
service the facility.
(a)
All vehicle access must secure the appropriate highway occupancy
permit.
(8)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the Pennsylvania Department of Health.
(9)
Any odor must be managed by ventilation and exhaust equipment
with operable filtration so that any odors are effectively confined
to the interior of the building. There shall be no emission of dust,
fumes, vapors, odors, or waste into the environment that can be seen,
smelled, or otherwise perceived beyond the facility.
(10)
A plan shall be provided demonstrating that all external and
internal lighting, including light for nighttime growing, is shielded
in such a manner to not allow light to be emitted skyward or onto
adjoining properties.
(11)
A minimum fifty-foot buffer planting is required where a grower/processor
facility adjoins a residential, hotel or apartment hotel use or district.
(12)
The facility must not be within 3,000 feet of another medical
marijuana grower/processor facility.
(13)
No pictures, photographs, drawings or other depictions of marijuana
or marijuana paraphernalia shall appear on the outside of any medical
marijuana grower/processor facility or any sign associated therewith.
(14)
A medical marijuana grower/processor shall comply with any other
lawful and applicable requirements or restrictions imposed by state
and/or local laws or regulations.
