Township of Springfield, PA Conditional Uses and Special Exceptions

Article IV Conditional Uses and Special Exceptions

§ 425-20 Conditional uses and special exceptions.

The criteria for conditional uses and special exceptions are listed below. The Board of Supervisors or the Zoning Hearing Board (as the case may be), in granting conditional uses and special exceptions, are charged with considering the effect that such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development must be carefully weighed and given priority in each decision. In granting a conditional use or a special exception, the Supervisors or the Zoning Hearing Board (as the case may be) may attach reasonable conditions and safeguards in addition to those expressed in this chapter, as they may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Applications for conditional uses and special exceptions shall be made to the Zoning Officer. Conditional uses shall be granted or denied by the Board of Township Supervisors after the recommendation of the Township Planning Commission. Special exceptions shall be granted or denied by the Zoning Hearing Board. Procedures for both shall follow those specified in this chapter and the Planning Code.[2]

[2]

Editor's Note: See 53 P.S. § 10101 et seq.

Table 425-20 summarizes standards for conditional uses. All standards listed in Table 425-20 and subsequent sections are regarded as a minimum standard. In granting a conditional use, the Board of Township Supervisors may also add reasonable additional conditions and safeguards beyond the specific criteria for each conditional use. The purpose of such additional conditions and safeguards is to further mitigate negative impacts of a development upon specific sites, and make the conditional use more compatible with the surrounding development. Such reasonable additional conditions and safeguards may include, but are not limited to:

(1)

Establishment of screening and buffering, or an increase or decrease in screening and buffering normally required as site conditions require.

(2)

Limitations upon hours of operation.

(3)

Establishment of fencing for purposes of security, limiting vehicular access, or control of windblown trash.

(4)

Limits upon future subdivision of property to prevent the creation of a lot too small for the approved conditional use.

(5)

Changes in the location or design of access drives or parking areas to prevent traffic hazards, congestion, or the impacts of increased traffic upon local access and residential streets.

(6)

Other conditions to ensure that the exterior appearance of a building or property is in harmony with surrounding development, including any design standards of Chapter 370, Subdivision and Land Development.

The developer will be notified, in writing, of any such reasonable additional conditions and safeguards imposed by the Board as part of a conditional use approval.

All conditional uses granted by the Board of Supervisors shall expire 18 months from the date of the Board's action to approve, unless construction has been initiated or a land development plan has been submitted for approval. The preceding time limitation in this section shall also apply to existing approval, and the eighteen-month period shall begin upon the enactment date of this chapter.

[Amended 3-2-2021 by Ord. No. 1-2021]

Table 425-20
Conditional Use and District	Minimum Lot Size	Screening and Buffering	Operating Restrictions
Billboards (A and IS)	Per district	None required	See § 425-62G
Cemeteries and crematoriums (A)	5 acres, unless an expansion of an existing cemetery	Per reasonable additional conditions and safeguards	See § 425-36
Contractor's offices garages, and storage yards (A)	5 acres	Type IV	See 425-52
Eating/drinking places (A, VR, CR-2)	2 acres (A only)	Type IV	See § 425-53
Home or farm based manufacturing, when building size is greater than 5,000 square feet gross floor area (A)	5 acres	25 feet increase in yard for new construction only	See § 425-40
Outdoor commercial recreation (A, C-1) Intensive commercial recreation (C-1)	Outdoor: 6 acres C-1; 10 acres A Intensive: 6 to 25 acre minimum	Type IV	See § 425-34
Landscaping, nursery, and farm markets (landscaping and nursery not permitted in VR)(A, VR)	Per district minimum	Type IV	See § 425-54
Limited retail businesses (A, CR-2)	2 acres	Type IV	See § 425-23; see also § 425-43 for CR-2
Mineral excavation (A, IS)	2 acres sand and gravel; 40 acres other	Type IV	See § 425-35
Mini/self storage facilities (A)	5 acres	Type II	See § 425-31
Mobile home parks (A)	5 acres	Type I	See § 425-38
Multiple-family dwellings/assisted living developments (A, C-1, CR-2, VR)	Per district	Type IV	See § 425-37
Personal care homes (A, VR)	2 acres	Per § 425-20A	See § 425-27
Private clubs and resorts (A, C-1)	10 acres in A; 4 acres other districts	Type IV	See § 425-50
Recreational campgrounds (A)	40 acres	Type I	See § 425-22
Repair/service businesses (A, VR)	5 acres (in A)	Type IV	See § 425-26
Sawmills (A)	10 Acres	Type I	See § 425-30
Schools, whether public or private accredited (A)	5 acres	Type IV	See § 425-21
Specialized animal raising and care (A)	2 acres kennels; 20 acres other	Type IV	See § 425-39
Bottle clubs (C-1)	Per district	Type IV	See § 425-51
Flea markets (C-1)	4 acres	Type IV	See § 425-49
Truck terminals/warehousing/distribution (C-1)	10 acres (new construction)	Type IV	See § 425-24
Sexually oriented businesses (C-1)	Per district	Per § 425-20A	See § 425-41
Transitional housing facility (C-1)	Per district	Type IV	See § 425-48
Bed-and-breakfast (VR, CR-2)	Per district	Type IV	See § 425-29
Large scale retail (CR-2)	Per district	Sliding scale	See § 425-43
Shopping centers and theaters (CR-2)	Per district	Sliding scale	See § 425-43
Hotel/motel (CR-2)	2 acres	Type IV	See §§ 425-43 and 425-44
Indoor commercial recreation (CR-2)	Per district	Type IV	See § 425-34
Light manufacturing (CR-2)	2 acres	Type II	See § 425-45
Day-care centers (VR)	Per district	Per § 425-20A	See § 425-28
Funeral parlors (VR)	Per district	Type IV	See § 425-46
Bulk fuel storage yard (IS)	5 acres	Type II	See § 425-47
Correctional facility/halfway house (IS)	2 acres	Per § 425-20A	See § 425-42
Heavy manufacturing (IS)	10 acres	Type II	See § 425-25
Junkyards (IS)	10 acres	Type II	See § 425-33
Sanitary landfill, solid waste transfer stations, or similar facility for processing and disposal of solid waste (IS)	15 acres	10-foot-high fence, solid or panel weaving	See § 425-32
Banquet/conference center	5 acres	Type IV	See § 425-54.1
Medical marijuana dispensary	Per district	Type IV	See § 425-54.2
Medical marijuana grower/processor	5 acres	Type IV	See § 425-54.3
Special event barn/venue	10 acres	Type IV	See § 425-54.4
Solar energy facility	1 acre	Type IV	See § 425-54.5

§ 425-21 Schools, hospitals and nursing homes.

Schools, hospitals and nursing homes shall be located upon a lot of at least five acres.

Schools, hospitals and nursing homes shall provide all parking and loading/unloading requirements as required by this chapter.

Schools, hospitals and nursing homes shall be located on a paved public street with a minimum cartway width of 24 feet.

The design and landscaping shall be compatible with and preserve the character of any adjoining residential uses.

Screen planting or buffering shall be provided as required by this chapter, and in instances where not required, may be imposed by the Board of Supervisors as a reasonable additional condition of approval.

Any outdoor lighting shall be designed to prevent glare to adjoining properties.

Such uses shall have, and present, all needed local, county, state or federal permits, or applications for needed permits. If needed permits are in the application stages, the final approval for same shall be a condition prior to issuing a certificate of occupancy.

§ 425-22 Recreational campgrounds.

Such uses are commercial in nature, normally seasonal, but do have a high impact potential. They are also regulated by Chapter 370, Subdivision and Land Development, and must comply with all provisions of that chapter. Such uses shall:

Provide evidence of compliance with Department of Environmental Protection standards for water and sanitary sewer facilities.

Provide evidence of approved solid waste removal.

Lots intended for any recreational vehicle intended for transient habitation shall be at least 1,000 square feet, not including any required parking spaces. Any structure which is not a tent, or licensed to travel the highways of the commonwealth (including storage sheds) shall meet all setbacks for the use and the zoning district.

Be located upon a lot of at least 40 acres, and provide or maintain screen Type I screening.

§ 425-23 Limited retail business.

The purpose of this use is to allow smaller retail operations in an A - Agricultural or CR-2 Commercial Residential environment. Such uses shall:

Provide all parking as required by this chapter on lot.

All compressors shall be so enclosed as to baffle their sound from surrounding uses.

All dumpsters and or garbage/trash storage areas shall be enclosed.

All signage shall be lit by indirect means.

The Township may limit the hours of operation of the business as a reasonable condition of approval.

Minimum lot size shall be two acres in the A - Agricultural Zone. Maximum square feet of gross floor area must meet the definition of limited retail business.

§ 425-24 Warehousing and distribution, truck terminals.

Truck terminals, warehousing and distribution uses are permitted subject to the following requirements:

For new construction, all side and rear yards shall be increased by 20 feet, and located upon a lot of at least 10 acres.

All outdoor storage shall be behind the front setback line, to the side or rear of the building. The applicant shall submit a plan for the effective screening of any outdoor storage yard from public view, to the satisfaction of the Township, of a minimum Type IV. The Township may require an increase to Type II screening for any loading area, buildings, or heavy truck parking lots.

Access to roads and highways shall be clearly defined.

All parking, loading and unloading facilities shall be clearly designed so motor vehicles will not be required to back into or from streets or roads when parking or leaving the premises.

§ 425-25 Heavy manufacturing.

Because of the intensity of the use, maximum building size shall be no greater than 200,000 square feet of gross floor area.

The facility shall be located upon a lot of at least 10 acres.

Type II screening, per § 425-67B, shall be required around all processing areas and buildings where heavy manufacturing occurs.

The applicant shall provide a detailed description of the proposed use, addressing each of the following impacts:

(1)

The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;

(2)

The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size;

(3)

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.), and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to performance standards under Article V of this chapter; and

(4)

A traffic study prepared by a professional traffic engineer and meeting any standards for such studies established by Springfield Township.

The Township may employ a number of site specific, reasonable additional conditions and safeguards, including but not limited to further screening, limits upon hours of operations, and maximizing distance of certain industrial activities from other zoning districts.

§ 425-26 Service stations, service and repair businesses, convenience stores.

Service stations, service and repair businesses and convenience stores shall be located upon a lots of at least five acres if proposed in the A - Agricultural District or CR-2 Commercial and Residential District.

Hours of operation shall be restricted from 7:00 a.m. to 9:00 p.m.

Any fuel pumps shall be at least 30 feet from any road right-of-way and at least 30 feet from a side lot line.

No vehicles will be parked or stored in a manner which would encroach upon setback lines, except on a short-term basis (less than 24 hours).

There shall be no outdoor storage of new or used parts, scrap parts, unlicensed vehicles, parts of vehicles, tires or vehicles which lack current Pennsylvania inspection stickers, except in conformity with Chapter 256, Nuisances. The overnight parking of customer vehicles and the screened storage of approved trash containers shall be permitted.

All lighting shall be indirect, or designed to prevent glare to neighboring properties.

All compressors shall be enclosed to minimize noise to neighboring properties.

All underground storage tanks shall be in compliance with all federal or state regulations.

Service stations, service and repair businesses and convenience stores shall employ Type IV screening, which may be increased as necessary.

In the Village Residential District (VR), all of the above provisions in Subsections B through I shall be applicable, together with the requirement that any nonresidential structure erected in the Village Residential District to which this § 425-26 is applicable shall be limited to 5,000 square feet gross floor area, and, therefore, shall not exceed 5,000 square feet gross floor area for said building.

[Added 9-16-2019 by Ord. No. 2-2019]

§ 425-27 Personal care homes.

The purpose of such homes is to provide residences for individuals in a home-like setting. Consequently, it is essential to maintain an exterior appearance that is in harmony with surrounding residences. Personal care homes are facilities which offer food, shelter and personal assistance for a period of more than 24 consecutive hours for adult residents who are not relatives of the operator and where the residents do not require hospitalization or nursing facility care. In addition, such uses shall meet the following conditions:

There shall be no sign or exterior display beyond the name of the home or its use.

At least one additional on-lot parking space shall be provided for each two guests.

No personal care home in the A - Agricultural District or VR District shall admit more than eight residents at any one time.

Required local, county and/or state certifications shall be presented to the Board. Specially included are to be applicable permits from the Pennsylvania Departments of Welfare.

In the A - Agricultural District, Minimum Lot size for a personal care home shall be at least two acres.

§ 425-28 Group day care homes and day-care centers.

Day care services for children have three separate types (see Article VIII for definitions), family day care homes, group day care homes and day-care centers. The latter use shall be allowed as a conditional use, providing the following criteria are met:

Any outdoor play area shall be effectively fenced from access to abutting properties or streets with a solid or opaque fence of at least four feet in height.

For all new construction, and where feasible for existing structures, circular driveways shall be provided to deliver and pick up children. These will be for the safety of the children and the protection of the neighborhood. In any event, there shall be an off-street area for loading/unloading children.

Family day care shall provide at least one off-street parking space. Group day care homes shall provide at least two parking spaces. Day-care centers shall provide off-street parking spaces in conformity to Table 425-61C.

The operator shall secure and keep current all permits from the commonwealth or other licensing agencies.

In the VR Village Residential District, maximum building size for a day-care center shall be 8,000 square feet gross floor area.

§ 425-29 Bed-and-breakfasts.

Bed-and-breakfast uses are intended to provide overnight or short-term accommodations for transient guests in a home-like atmosphere. They must meet the following regulations:

No more than four guest rooms will be permitted.

One off-street parking space for each guest room shall be required.

There shall be no offer to rent or lease a room for a period of less than 12 hours.

§ 425-30 Sawmills.

Sawmills shall be set at least 50 feet from the setback line and at lease 75 feet from the side or rear setback lines.

There shall be no storage of logs or lumber within 25 feet of any setback line.

Sawmills shall be located upon a lot of at least 10 acres, and provide or maintain screen Type I screening.

All machinery and equipment shall be muffled to minimize noise disturbance from operations.

Any mechanized activities shall occur between the hours of 7:00 a.m. and 7:00 p.m.

§ 425-31 Mini/self storage facilities.

These structures consist of one or more larger buildings which are divided into small, separate units. These units, often the size of a single garage, are then rented for storage, normally for personal goods. Such uses must adhere to the following regulations:

There shall be no outdoor storage of any type, at any time, except for boats with current registration by the Pennsylvania Fish and Boat Commission, and motor vehicles or trailers licensed, registered, and inspected to travel the highways of the commonwealth.

In addition to the required side and rear yards, an additional ten-foot buffer yard shall be required. This buffer yard is to be planted in evergreen trees to provide a visual buffer to surrounding properties. The entire facility shall be enclosed by a Type II screen, per § 425-67B, if outdoor storage is proposed.

Each such facility shall be serviced by a well-marked driveway of 15 feet in width.

The entire complex shall be surrounded by a security fence at least six feet, but not greater than eight feet, in height. Said fence shall be no closer to any lot line than 10 feet.

There shall be no rental of space for active uses, such as gatherings or music practice, or any permanent occupancy of a storage unit.

There shall be no bulk storage of hazardous or toxic materials, except for household materials (such as bleach) when stored in original retail packaging.

Minimum lot size for a mini/self storage facility shall be five acres.

§ 425-32 Sanitary landfills.

Sanitary landfills shall be permitted only as a conditional use. Plans for sanitary landfills shall be approved and controlled by the Pennsylvania Department of Environmental Protection (PennDEP), the laws and regulations of the commonwealth and appropriate laws and regulations of the United States of America. Operators of sanitary landfills shall file with the Board of Supervisors written proof that they have met all permit requirements of the state and/or federal government as they may apply to a specific development. Local requirements which must be met prior to permit approval by the Board of Supervisors include:

A buffer yard of 250 feet from all public rights-of-way and 400 feet from all dwellings, schools, churches, hospitals and similar residential uses.

A barrier of natural forestry at a width of 100 feet or Type I screening trees and a ten-foot-high cyclone-type fence with panel weaving or similar solid fencing shall parallel all public rights-of-way and adjacent properties for purposes of preventing the passing of windblown litter and preventing direct visibility of the working area from public rights-of-way and adjoining properties.

The barrier shall be at a minimum distance of 75 feet from all operations, and the area between the work area and barrier shall consist of a natural cover of vegetation or forestry. This strip shall not be of barren soil.

The landfill shall have no more than two access routes, unless the landfill property borders three or more public rights-of-way. In such an event, approval by the Township Supervisors will be necessary to secure an additional access route.

A bond to protect Township roads utilized by landfill traffic shall be negotiated prior to approval.

The operator shall submit to the Board of Supervisors for approval a plan for the restoration of the landfill area, which shall include anticipated future use of the restored land. All such proposed uses shall be on a lot of no less than 15 acres.

No landfilling may occur upon a lot of less than 15 acres. No landfill activities may exceed a height of 40 feet above existing grade.

§ 425-33 Junkyards.

Junkyards shall comply with the following requirements:

All lots shall be at least 10 acres in size.

There shall be no storage of scrap, machinery or equipment of any kind in the setback areas.

All yard spaces shall be increased 10 feet.

The processing or storage of hazardous materials, as defined by the Department of Environmental Protection, shall not be permitted.

The facility will obtain an annual license as may be required by the Township.

All outdoor storage areas shall be enclosed by Type II screening per section § 425-67B.

Any mechanized outdoor crushing or processing activities shall occur between the hours of 7:00 a.m. and 7:00 p.m.

§ 425-34 Commercial recreation.

These particular uses by their nature can generate noise or excessive activity adversely affecting neighboring properties. Standards shall be based upon the type of activities.

Indoor uses shall:

(1)

Have no outdoor speakers.

(2)

Comply with all Uniform Construction Code building regulations.

(3)

Maximum building size shall be 60,000 square feet gross floor area.

(4)

Limit hours of operation from 10:00 a.m. to 11:00 p.m.

(5)

Install Type IV screening for all parking lots.

Outdoor uses shall:

(1)

Present a plan for the use, time, and duration of any outdoor speakers. Outdoor speakers may not be employed for musical performances. Outdoor speakers may not be employed for nonemergency use between the hours of 10:00 p.m. and 7:00 a.m.

(2)

Safety fencing of at least four feet in height shall be provided to enclose all spaces utilized for outdoor activities that abut a public road or street or commercial parking lot.

(3)

All yards that abut a VR Village Residential District or A - Agricultural District shall employ an opaque fence of at least eight feet in height; in addition, the area shall be planted with Type I screening, unless an alternate landscape plan as provided for under § 425-67 is recommended to be approved by the Planning Commission and approved by the Board of Supervisors.

(4)

All side yards shall be increased by 10 feet.

(5)

Present evidence of compliance with labor and industry (PA) building regulations.

(6)

Outdoor lighting shall be shielded to prevent glare to neighboring properties.

(7)

Hours of operation may be limited by reasonable additional conditions.

(8)

Outdoor uses shall maintain a minimum lot size of six acres in the C-1 District and 10 acres in the A - Agricultural District.

Intensive uses shall:

(1)

Maintain a lot of at least six acres, unless proposed for a commercial shooting range, wherein lot size shall be increased to 25 acres.

(2)

Increase all yard setbacks by 50 feet.

(3)

No intensive use shall directly abut a VR Village Residential or A - Agricultural District.

(4)

Intensive uses shall maintain Type III screening on all yard areas.

(5)

Hours of operation may be limited by reasonable additional conditions.

(6)

Outdoor lighting shall be shielded to prevent glare to neighboring properties.

(7)

Present evidence of compliance with labor and industry (PA) building regulations.

(8)

Commercial shooting ranges shall illustrate that the design, location and direction of all firing lanes shall not present a danger to public health and safety. The developer shall show adherence to best design practices, such as the National Rifle Association's NRA Range Source Book to ensure safety. Other intensive uses shall present a plan to minimize any noise created by activities through buffering, acoustic engineering or topography.

§ 425-35 Mineral excavation.

Mining may include the excavation of earth, sand, gravel, stone, coal or other minerals by surface or deep mining methods and removal of the excavated materials from the site when such activity is the principal use and not incidental to land development. An application for conditional use must be approved prior to issuance of any land development plan, stormwater management plan, or other approval.

As part of the application for conditional use approval, the excavator shall submit a drawing showing:

(1)

The property on which the excavation will occur, including abutting roads, property lines and boundary on the property within which the excavating will occur, including proposed phasing of the work over the life of the project;

(2)

Contours at five-foot intervals, indicating existing contours and proposed contours at conclusion of excavation;

(3)

Solution to drainage from the site, showing means of carrying stormwater to a natural drainageway or to an approved stormwater system;

(4)

The registration seal of the engineer preparing the drawing, when over five acres in area.

The excavator shall comply with all applicable regulations of the Township, including but not limited to site grading and drainage, landscaping and buffering, and environmental standards.

No landfill or dumps for garbage or other refuse or commercial or industrial by-products shall be permitted.

The excavation project shall be operated as follows:

(1)

Primary access to the site shall be controlled at one location.

(2)

The excavator shall post the property, noting that a dangerous condition exists and warning trespassers away.

(3)

The excavator shall take care that trucks leaving the property are not overloaded. If materials from trucks are spilled upon a public road right-of-way, all such materials shall be removed from the road within four hours. Material spilled on to cartways shall be removed immediately.

(4)

Wash stations shall be installed for trucks leaving the site to enter a public road in order to ensure that no dust leaves the property.

(5)

To prevent the migration of dust from surface mining to other properties, the Township may require the installation of screening, landscaping or buffer areas.

The Board of Supervisors may require a bond in favor of the Township to be posted by the excavator to cover damages that may occur to Township roads as a result of hauling materials excavated from the permitted site. The amount of the bond, less any sums needed to correct damages, shall be refunded to the excavator within one year after the conclusion of the operation.

No mining operation shall be conducted within any setback limits set forth by the Commonwealth of Pennsylvania or the United States Government. The developer shall provide the Township with evidence that all setbacks required by other agencies have been met. In addition, no surface mining operation activities shall occur within 600 feet of any Source Water Protection Overlay District, or VR Village Residential District or within 300 feet of any C-1 Commercial or CR-2 Commercial and Residential District.

Mining may not occur in any side or rear setback area established in any district. Overburden may not be placed higher than any setback area, unless set back by at least one foot for each additional foot in height above grade.

No mining for sand and gravel shall occur on a lot of less than two acres. Minimum lot size of other minerals shall be 40 acres.

§ 425-36 Cemeteries and crematoriums.

The purpose of cemeteries, under this chapter, is to provide a proper burial ground for persons. All uses and activities must be clearly and customarily incidental to this use. Prior to the establishment of a new facility or expansion of an existing cemetery, the owner shall:

Illustrate the design and layout of the proposed cemetery, cemetery expansion and/or crematorium, specifically illustrating: the proposed drainage plan, the internal circulation plan, and the location of accessory building(s). Upon conditional use approval, this shall be filed as a land development plan.

Connections to existing Township streets will be no closer than 50 feet to a street intersection, 15 feet to a fire hydrant, 30 feet to a driveway on the same side of the street and shall avoid streets or driveways opposite proposed means of ingress and egress.

Shall demonstrate compliance with applicable state laws.

All accessory uses must be clearly incidental and subordinate to the function of the cemetery.

All new facilities shall have a size of at least five acres.

No crematorium shall be located within 200 feet of any lot line.

§ 425-37 Multiple-family dwelling/assisted living development.

Development may not exceed a density greater than five units per acre without public sewer and eight units per acre with public sewer. If the development is an assisted living development, density may be increased to seven units per acre without public sewer and 10 units per acre with public sewer.

If located in the CR-2 Commercial and Residential District, minimum lot size shall be two acres, and maximum building size shall be 12,000 square feet.

In the VR Village Residential District, all multiple-family dwellings shall be of new construction and may not be a conversion of any existing single-family dwelling or other existing building.

If more than one structure is built on a single lot, all buildings shall be separated by at least 25 feet.

Provide evidence they have passed all applicable regulations for on-lot sewage disposal, unless connected to a public sewer system.

Shall provide a plan for common solid waste removal by all tenants, illustrating locations of common receptacles and a contract with a solid waste hauler.

Shall install screening per any reasonable additional conditions of the Township Supervisors.

Assisted living units shall show compliance with all applicable Pennsylvania regulations.

§ 425-38 Mobile home parks.

The proposed park shall meet all applicable requirements of Chapter 370, Subdivision and Land Development, applicable to mobile home parks. In addition, the park shall:

Show evidence of compliance with Department of Environmental Protection regulations.

Be screened from abutting residential uses with either Type I or Type IV screening as may be required.

The management of the Park shall agree to ensure that all mobile home installations occur pursuant to the standards of the Uniform Construction Code, and that tenants do not alter any installations.

Be located upon a lot of at least five acres.

§ 425-39 Specialized animal raising and care.

Specialized animal raising and care facilities shall:

Have a minimum space of two acres for kennels and 20 acres for other uses.

No pens or runs shall be closer than 75 feet from neighboring lot lines.

If containing runs for more than 75 birds or mammals, provide evidence that waste products or manure will not create a malodorous nuisance.

Provide evidence of meeting all applicable state codes and licenses.

§ 425-40 Home and farm based manufacturing.

Home and farm based manufacturing shall be permitted as a conditional use, provided:

New construction of a manufacturing building shall increase all side and rear yards by 25 feet in those instances where they abut residential uses.

Shall have no more than five employees.

Lot size shall be at least five acres.

Be screened by Type IV screening.

Shall limit hours of operation from 7:00 a.m. to 7:00 p.m.

§ 425-41 Sexually oriented businesses.

These businesses have potential negative impacts upon the community, including:

(1)

Sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature.

(2)

The concern over sexually transmitted diseases is a legitimate health concern of the Township, which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens.

(3)

There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values.

(4)

Sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighboring blight and downgrading the quality of life in the adjacent area.

(5)

Permitting and/or licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. However, it is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the secondary effects of sexually oriented businesses; nor is it the intent of the Township to condone or legitimize the distribution of obscene material.

Sexually oriented businesses as defined herein shall be permitted in the C-1 Commercial District as a conditional use, provided:

(1)

The proposed sexually oriented business does not lie within 1,500 feet of:

(a)

A church;

(b)

A public or private pre-elementary, elementary, or secondary school;

(c)

A public library;

(d)

A child-care facility or nursery school;

(e)

A public park;

(f)

A child oriented business.

(2)

The proposed sexually oriented business does not lie within 500 feet of another sexually oriented business.

(3)

Compliance with all other applicable local codes and licenses is presented to the Township Supervisors.

(4)

To avoid the isolation that causes adverse effects, the sexually oriented businesses shall be located in a shopping center with at least one other nonsexually oriented business.

§ 425-42 Correctional facilities or halfway houses.

Correctional facilities or halfway houses shall present the Township Supervisors with a security plan that takes into account the safety of Township residents.

Correctional facilities or halfway houses shall not lie within 1,500 feet of:

(1)

A church;

(2)

A public or private pre-elementary, elementary, or secondary school;

(3)

A public library;

(4)

A child-care facility or nursery school;

(5)

A public park;

(6)

A child oriented business.

No correctional facility or halfway house may be located where any adjacent property contains a preexisting single-family home in separate ownership from the proposed facility.

Correctional facilities or halfway houses shall be located upon lots of at least two acres.

§ 425-43 Business buildings and structures in CR-2 District.

Any new construction or an expansion of a business structure that results in greater than 10,000 square feet area in CR-2 shall comply with the following:

Businesses serving the general public shall provide means of direct auto access to neighboring retail developments, eating and drinking places, or commercial recreation without entering an existing through street. This access may be curb cuts to abutting parking areas or by a secondary access road. In some cases, pedestrian footpaths will be allowed.

Shall add five feet of buffer yard per each 2,000 square feet or gross floor area to every side or rear yard over 10,000 square feet of gross floor area. This buffer yard shall be planted with at least eight deciduous trees and 16 coniferous trees per each 5,000 square feet of buffer yard. As an alternative, a buffer yard meeting § 425-66A may be proposed. The buffer yard may also be replaced by a Type IV screen planting of Norway spruce or a similar species for lots of less than two acres.

Trash pickup of dumpsters shall be pre-arranged and timed to make the least possible noise impact on neighboring residential use.

Meet the performance standards of § 4252-66 (CR-2 Commercial and Residential District) of this chapter, as applicable.

Any rooftop HVAC, or similar rooftop mechanical devices shall be screened by the use of parapets or similar screening structures above the roofline.

All HVAC shall be enclosed to baffle their sound from surrounding properties.

§ 425-44 Hotels and motels.

No business shall offer to rent or lease rooms for any period less than 12 hours.

Shall meet all applicable standards of § 425-43 of this chapter.

If located in the CR-2 Commercial and Residential District, minimum lot size shall be at least two acres.

§ 425-45 Light manufacturing.

Shall show, through a description of activities, that it can meet all performance standards of § 425-60 of this chapter.

If located in the CR-2 Commercial and Residential District, minimum lot size shall be at least two acres.

Shall install Type II screening as deemed sufficient by the Township.

Hours of operation shall be limited from 7:00 a.m. to 8:00 p.m.

§ 425-46 Funeral parlors.

Shall show evidence of a plan for safe disposal of all processing waste and fluids. Copies of any required state or federal permits of licenses shall be sufficient in this regard.

Shall present a plan to meet applicable parking restrictions in this chapter.

Have a plan for traffic control during funeral events.

§ 425-47 Bulk fuel storage yard.

The entire facility shall be located upon a lot of no less than five acres, and the actual storage yard area and required dyke shall be surrounded by Type II Screening per § 425-67B.

Liquid storage tanks shall be completely surrounded by a dike capable of containing the maximum contents of all the tanks within the dike. Any openings in the dike shall be leakproof when closed and shall close automatically in the event of tank rupture. As needed, tanks shall be registered with DEP, comply with DEP regulations, and show evidence of same.

No tank shall be located closer than 100 feet to any property or street line or 500 feet to any residence.

The area within the dike shall be drained by an underground system capable of closing automatically in the event of a tank rupture.

An emergency management plan shall be prepared and approved by the Township, with consultation with the local fire department, and the consent of DEP shall be secured by the developer as conditions of issuing a zoning permit or certificate.

§ 425-48 Transitional housing facility.

The facility operator shall present to the Township applicable information about any and all limits upon residency to determine the facility will not operate as a halfway house/correctional facility.

If the facility is located in a former single-family dwelling, no more than 10 residents are permitted at any one time. Maximum residency of other building types is limited to 16 persons.

No transitional housing facility shall be located within 300 feet of another transitional housing facility.

§ 425-49 Flea markets.

To conform to conditional use standards, all such flea markets shall meet the following standards:

The operator of the flea market shall either be the property owner, or provide evidence of written permission (such as a lease agreement) to utilize the property.

The operator shall submit a plan that details public parking areas, and the number and location of proposed seller stalls.

The operator shall have a contract with an approved waste hauler, and a minimum of one fifty-gallon-capacity solid waste receptacle (or equivalent dumpster capacity) for every four proposed sellers.

§ 425-50 Private clubs and resorts.

Shall detail a plan that discusses any proposed sale of alcohol upon the premises, and demonstrates compliance with all commonwealth regulations for sale of alcohol.

The facility shall clearly describe all proposed activities as they fit various single use zoning classes (such as outdoor commercial recreation, camping, or eating and drinking places), and how standards for buffering and other means of mitigation would be met as necessary.

If the facility involves a shooting range, demonstrate compliance with the NRA Range Sourcebook, published by the National Rifle Association.

A site plan shall be submitted, detailing information as to the layout of parking areas and the manner in which traffic will be directed on site.

Access to and from the real estate by vehicular traffic shall be controlled by designated specific locations, not to exceed two in number.

All outdoor lighting must be focused and shielded directly on the facility property and shall be designed to prevent glare and interference with adjoining residential properties or public roads.

Hours of operation for active events shall be limited from 8:00 a.m. to 2:00 a.m.

Shall install Type IV screening on all side and rear yards.

§ 425-51 Bottle clubs.

Shall present the Township with a security plan.

Shall employ no outdoor speakers.

Shall not lie within 500 feet of any residential use.

Hours of operation shall be limited from 11:00 a.m. to 11:00 p.m.

Shall install Type IV screening on all side and rear yards.

§ 425-52 Contractor's office, garage, and storage yard.

All outdoor storage shall be within rear or side yard setbacks and behind the front lot line.

All parking, loading and unloading facilities shall be clearly designed so motor vehicles will not be required to back into or from streets or roads when parking or leaving the premises.

No building shall exceed 50,000 square feet in gross floor area in the A - Agricultural District.

Shall be located upon a lot of at least five acres.

Shall install Type IV screening on all side and rear yard areas.

§ 425-53 Eating and drinking places.

No portion of an eating or drinking place (including parking and outdoor dining areas) shall be located within 100 feet of a single-family dwelling in separate ownership from the owner of the business.

Any lot proposed for an eating or drinking place in the A - Agricultural District shall be at least two acres.

Maximum building size for an eating or drinking place shall be 25,000 square feet gross floor area in the A - Agricultural District or CR-2 Commercial and Residential District, and 12,000 square feet gross leasable area in the VR Village Residential District.

The Township may restrict the hours of operation, particularly for eating and drinking places within 200 feet of a single-family dwelling in separate ownership from the owner of the business.

Use of outdoor amplified entertainment or outdoor sound systems are prohibited, except as may be specifically permitted by the Township.

Parking area lighting shall be restricted to lighting structures no higher than 12 feet.

The Township may require screening as deemed necessary to shield neighboring properties from light and noise caused by the business and its vehicular traffic.

Shall install Type IV screening on all side and rear yards.

§ 425-54 Landscaping, nursery, and farm markets.

In the VR Village Residential District, only farm markets selling food for human consumption or living ornamental plants are permitted to be sold. No outdoor bulk storage or sales of landscaping materials are permitted.

If retail sales are provided on site, there shall be at least four customer parking places.

No outdoor storage of mulch, stone, or similar loose materials is permitted within 200 feet of a property line occupied by a dwelling in separate ownership.

Loose materials may not be piled above the height of any proposed or required screening or buffering.

Shall be located upon a lot of at least five acres in the A - Agricultural District, and at least two acres in the VR Village Residential District.

Hours of operation shall be restricted from 6:00 a.m. to 10:00 p.m. in the A - Agricultural District, and 8:00 a.m. to 10:00 p.m. in the VR Village Residential District.

§ 425-54.1 Banquet/conference center.

[Added 3-2-2021 by Ord. No. 1-2021]

The parcel on which the banquet/conference center is located shall be at least five acres in size and able to accommodate all facets of the event within the boundaries of the property.

Banquet/conference centers, including all fixtures, tents, and parking, shall be set back at least 50 feet from all property lines.

Any banquet/conference center shall be subject to the following setback requirements from any public road or neighboring structure or property line:

(1)

Non-Commercial Zoning District boundaries: 750 feet.

(2)

Existing residential structures: 1,000 feet.

The conduct of the event, including fixtures, tents, and parking, may extend to the grounds but may not extend into the building setback areas.

Parking shall be on the property on which the banquet/conference center is located. Under no circumstances may parking be on state or Township roads, on other public property, or on private property other than that on which the banquet/conference center is located.

The required building setback areas may not be used for parking.

As part of the conditional use process, the Township Supervisors may impose other reasonable conditions and/or restrictions.

The developer/property owner/agent shall also meet all applicable standards and requirements for banquet/conference centers enumerated in the SALDO (Subdivision and Land Development Ordinance[1]), and all other duly adopted Township ordinances, as amended.

[1]

Editor's Note: See Ch. 370, Subdivision and Land Development.

§ 425-54.2 Medical marijuana dispensary.

[Added 3-2-2021 by Ord. No. 1-2021]

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. A medical marijuana dispensary must comply with all applicable state and county laws, rules, and regulations. The developer/property owner/agent shall also meet all applicable standards and requirements for banquet/conference centers enumerated in the SALDO (Subdivision and Land Development Ordinance[1]), and all other duly adopted Township ordinances, as amended.

[1]

Editor's Note: See Ch. 370, Subdivision and Land Development.

A medical marijuana dispensary may not be located on the same property where a facility for growing or processing medical marijuana is located.

A medical marijuana dispensary shall not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the closest property line of the protected use, regardless of the municipality in which the protected use is located.

A medical marijuana dispensary shall not be located within 1,000 feet of the property line of a church or religious place of worship. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the closest property line of the protected use, regardless of the municipality in which the protected use is located.

§ 425-54.3 Medical marijuana grower/processor.

[Added 3-2-2021 by Ord. No. 1-2021]

The minimum lot area shall be 10,000 square feet.

Growers/processors shall not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the closest property line of the protected use, regardless of the municipality in which the protected use is located.

Growers/processors shall not be located within 1,000 feet of the property line of a church or religious place of worship. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the closest property line of the protected use, regardless of the municipality in which the protected use is located.

[1]

Editor's Note: See Ch. 370, Subdivision and Land Development.

§ 425-54.4 Special event barn/venue.

[Added 3-2-2021 by Ord. No. 1-2021]

The parcel on which the special event barn/venue is located shall be at least 10 acres in size and able to accommodate all facets of the event within the boundaries of the property.

Special event barns/venues, including fixtures, tents and parking, shall be set back at least 50 feet from all property lines.

Any special event barn/venue shall be subject to the following setback requirements from any public road or neighboring structure or property line:

(1)

Residential Zoning District boundaries: 750 feet.

(2)

Existing occupied residential structures: 1,000 feet.

The conduct of the event, including fixtures, tents, and parking, may extend to the grounds but may not extend into the building setback areas.

A special zoning permit for special event barns/venues shall be required. No special event shall take place without a valid special zoning permit issued to the owner of the special event barn/venue, and such permit is invalid upon any single violation of any requirement of this chapter, including, but not limited to, exceeding the permitted number of events annually and the permitted number of attendees, or violation of any condition attached to any conditional use approval granted by the Board of Supervisors. The permit application shall include the following information, at a minimum, and shall be of a form and substance as determined by the Township necessary to determine compliance with the requirements of this chapter:

(1)

Proof of conditional use approval.

(2)

Documentation of any conditions attached to a conditional use approval.

(3)

Proof of insurance.

(4)

Written acknowledgment by the applicant and operator of the conditional use requirements for special event barn/venue.

(5)

The dates of the validity of the permit.

(6)

Proof of any applicable Township inspections and approvals.

Parking shall be on the property on which the special event barn/venue is located. Under no circumstances may parking be on state or Township roads, on other public property, or on private property other than that on which the special event barn/venue is located.

(1)

The required building setback areas may not be used for parking.

Signs shall be erected only in accordance with the sign provisions of the Township sign ordinance.

Any structure being used as a special event barn/venue shall be inspected and approved by a certified engineer approved by the Township, and a copy of the engineer's report shall be submitted to the Township prior to the issuance of the special zoning permit. The structure must also be inspected and approved by the Township Building Code Official prior to the issuance of the special zoning permit.

Any changes necessary to accomplish the use as a special event barn/venue (e.g., modifications to the building, driveways, parking areas, etc.) are subject to the Township's Land Development and Stormwater Ordinances,[1] Zoning Ordinance, and the Uniform Construction Code,[2] where applicable.

[1]

Editor's Note: See Ch. 370, Subdivision and Land Development, and Ch. 358, Stormwater Management, respectively.

[2]

Editor's Note: See Ch. 152, Construction Codes, Art. I, Uniform Construction Code.

As part of the conditional use process, the Township Supervisors may impose other reasonable conditions and/or restrictions on each special event barn/venue.

Any special event barn/venue that has been damaged or destroyed by fire or other means may be reconstructed and used as before if the restructuring is performed within 12 months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content than did the building that was destroyed.

The developer/property owner/agent shall also meet all applicable standards and requirements for banquet/conference centers enumerated in the SALDO (Subdivision and Land Development Ordinance), and all other duly adopted Township ordinances, as amended.

§ 425-54.5 Solar energy facility.

[Added 3-2-2021 by Ord. No. 1-2021]

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Construction of any solar energy facility shall comply with all applicable rules, laws, and regulations of the Pennsylvania Utility Commission and the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.

No facility shall be installed immediately adjacent to a swimming pool or other open body of water.