The following procedures shall apply to all applications for
approval of a conditional use in their applicably specified zoning
districts.
A.
Approval of conditional uses. The Township Supervisors shall hear
and decide requests for conditional uses; however, the Township Supervisors
shall not approve a conditional use application unless and until:
(1)
A written application for conditional use approval is submitted
to the Zoning Officer no less than 10 working days prior to the regular
meeting of the Planning Commission. The application shall indicate
the section of this chapter under which conditional use approval is
sought and shall state the grounds upon which it is requested. The
application shall include the following:
(a)
A current property survey indicating all existing and proposed
structures and all proposed construction, additions or alterations
on the site in sufficient detail to determine the feasibility of the
proposed development and compliance with all applicable requirements
of this chapter.
(b)
A written statement showing compliance with the applicable express
standards and criteria of this article for the proposed use.
(c)
A list of the names and addresses of all property owners within
300 feet of the entire perimeter of the property for which conditional
use approval is requested taken from the most recent records of the
Washington County Tax Assessor's office. At least 14 days prior
to the public hearing, the Zoning Officer shall mail a copy of the
notice by certified mail to each property owner within 300 feet of
the entire perimeter of the property, including those located across
a street right-of-way. The cost of mailing the certified notices shall
be paid by the applicant.
(d)
A traffic impact analysis prepared by a registered traffic engineer
for the following proposed conditional uses:
[1]
Any proposed use that involves the construction of 50 or more
multifamily dwellings.
[2]
Any proposed use in the B-1 or M-1 District that involves the
construction of a new building or remodeling for a change of use of
an existing building having a gross floor area of 10,000 square feet
or more.
(2)
A written recommendation is received from the Township Planning
Commission or 45 days has passed from the date of the Planning Commission
meeting at which the application is first considered as complete and
properly filed for approval.
(3)
A public hearing is commenced by the Township Supervisors pursuant
to public notice and said hearing is scheduled no more than 60 days
following the date of submission of a complete and properly filed
application, unless the applicant has agreed in writing to an extension
of time.
(4)
Each, subsequent hearing before the Board or hearing officer
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant in writing or on the record. An applicant
shall complete the presentation of his case-in-chief within 100 days
of the first hearing. Upon the request of the applicant, the Board
or hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
And the applicant may, upon request, be granted additional hearings
to complete his case- in-chief, provided that the persons opposed
to the application are granted an equal number of additional hearings.
Persons opposed to the application may, upon the written consent or
consent on the record by the applicant and the Township, be granted
additional hearings to complete their opposition to the application,
provided that the applicant is granted an equal number of additional
hearings for rebuttal.
(5)
The Township Supervisors shall render a written decision within
45 days after the last public hearing. Where the application is contested
or denied, the decision shall be accompanied by findings of fact and
conclusions based thereon. Conclusions based on any provision of this
chapter or any other applicable rule or regulation shall contain a
reference to the provision relied upon and the reasons why the conclusion
is deemed appropriate in light of the facts found.
(6)
Where the Board of Supervisors fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearing as specified in Subsection A(3) and (4) above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. The Board of Supervisors shall give public notice, as defined herein, of said deemed approval 10 days from the last day it could have met to render a decision. If the Board of Supervisors shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(7)
In considering an application for conditional use approval, the Township Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 200-1202 of this chapter.
(8)
If land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by Chapter 178, Subdivision and Land Development, may be processed concurrently, provided that all application requirements of both ordinances for a conditional use and a land development plan are met.
B.
Expiration of conditional use approval. Conditional use approval
shall expire automatically without written notice to the applicant,
if no application for a land development plan, a grading permit, a
building permit or an occupancy permit to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of said approval, unless
the Board of Supervisors, in its sole discretion, extends conditional
use approval upon written request of the applicant received prior
to its expiration. The maximum extension permitted shall be one twelve-month
extension.
In addition to the specific standards and criteria listed for
each use below, all applications for conditional uses listed in each
zoning district shall demonstrate compliance with all of the following
general standards and criteria:
A.
The use shall not endanger the public health, safety or welfare nor
deteriorate the environment, as a result of being located on the property
where it is proposed.
D.
Ingress, egress and traffic circulation on the property shall be
designed to ensure safety and access by emergency vehicles and to
minimize congestion and the impact on local streets.
E.
Outdoor lighting, if proposed, shall be shielded and reflected away
from residential properties and public streets.
F.
For all uses that are subject to the requirements of the Americans
with Disabilities (ADA) Act, the applicant shall certify that all
applicable ADA requirements have been met in the design.
In addition to the general standards and criteria for all conditional uses listed in § 200-503 above, an application for any of the following uses which are listed in any zoning district as a conditional use shall comply with the applicable standards and criteria specified below for that use.
Adult businesses shall be subject to the following:
A.
Adult businesses shall not be permitted in any zoning district other
than the M-1 Light Industrial District.
B.
An adult business shall not be located within 1,000 feet of a church;
public or private pre-elementary, elementary or secondary school;
public library; day-care center or nursery school; or public park
adjacent to any residential district measured in a straight line from
the nearest portion of the building or structure containing the adult
business to the nearest property line of the premises of any of the
above-listed uses.
C.
An adult business shall not be located within 1,000 feet of any other
adult business measured in a straight line from the closest exterior
wall of the building or structure in which each adult business is
located.
D.
No more than one adult business shall be located in the same building,
structure or portion thereof, nor shall any adult business increase
its floor area into any building, structure or portion thereof containing
another adult business.
E.
An adult business lawfully operating as a conforming use shall not
be rendered a nonconforming use by the location, subsequent to the
grant or renewal of the adult business permit of a church, public
or private pre-elementary, elementary or secondary school, public
library, day-care center or nursery school or public park within 1,000
feet. This provision applies only to the renewal of a valid permit
and shall not apply when an application for a permit is submitted
after a permit has expired or has been revoked.
F.
Any adult business, other than an adult motel, which exhibits on
the premises in a viewing room (a separate compartment or cubicle)
of less than 150 square feet of floor space, a film or video cassette
or other video or image production or reproduction that depicts nudity
or sexual conduct, as defined herein, shall comply with the following:
(1)
At least one employee shall be on duty and shall be situated
in each manager's station at all times that any patron is present
inside the premises.
(2)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of
every area of the premises to which any patron is permitted access
for any purpose, excluding rest rooms. Rest rooms shall not contain
video reproduction or viewing equipment. If the premises have two
or more manager's stations designated, then the interior of the
premises shall be configured in such a manner that there is unobstructed
view of each area of the premises to which any patron is permitted
access for any purpose from at least one of the manager's stations.
The view required in this subsection shall be by direct line of sight
from the manager's station.
(3)
It shall be the duty of the owners and operators and any agents
and employees present on the premises to ensure that the viewing area
remains unobstructed by any doors, walls, merchandise, display racks
or other materials at all times and to ensure that no patron is permitted
access to any area of the premises that has been designated in the
application submitted to the Township as an area in which patrons
will not be permitted.
(4)
No viewing room shall be occupied by more than one person at
any time. No connections or openings to an adjoining viewing room
shall be permitted.
(5)
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place in which patrons
are permitted access at an illumination of not less than one footcandle
as measured at the floor level. It shall be the duty of the owners
and operators and any agent and employees present on the premises
to ensure that the illumination is maintained at all times that any
patron is present on the premises.
(6)
If live performances are to be given, the premises in which
such live performances are to be offered shall contain a stage separated
from the viewing area and the viewing area shall not be accessible
to the performers, nor shall the performers have easy access to the
viewers present.
(7)
Liquor or intoxicating beverages shall not be sold on the premises
for which the permit is sought.
Animal hospitals shall be subject to the following:
A.
All outdoor kennels or runs shall be constructed for easy cleaning
and shall be adequately secured by a fence with self-latching gate.
B.
Outdoor kennels shall be located at least 200 feet from any property
line adjoining any residential use or any R-L or R-H zoning classification
and at least 50 feet from any other property line.
C.
Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 200-1202 of this chapter.
Beverage production uses shall be subject to the following:
A.
Microbreweries and brewery pubs/tap rooms shall be a principal use
and permitted as a conditional use within the B-1, MU and M-1 Districts.
All other beverage production uses shall be a principal use and permitted
as a conditional use within the A-1 and M-1 Districts.
B.
Beverage production uses shall be subject to the following lot size
and development scale regulations:
(1)
If a microbrewery uses is situated on its own lot, the minimum
lot area for the use shall be 3,000 square feet. If the use occupies
a tenant space or series of tenant spaces that are part of a multi-tenant
building on a lot(s), the minimum building square footage associated
with the use shall be 1,200 square feet.
(2)
If a large brewery, limited winery or limited distillery use
is on its own lot, the minimum lot area shall be that of the district.
If the use occupies tenant space or a series of tenant spaces that
are part of a multi-tenant building on a lot(s), the minimum building
square footage associated with the use shall be 1,500 square feet.
C.
Any conditions imposed upon the establishment related to proximity
from any specified land uses shall be set forth by Title 47, the Pennsylvania
Liquor Code, as amended, and the Pennsylvania Liquor Control Board.
D.
Illumination, when measured at the property line, shall be a maximum
of zero footcandles.
E.
All applicable Township provisions for parking shall be applied.
If provided on the lot, all off-street parking areas shall reduce
exterior lights from standard operating power to half-power after
10:00 p.m.
F.
Dumpsters and services areas shall be screened from the public right-of-way
and not conflict with off-street parking associated with the use.
No dumpsters and/or service areas shall be located between the front
lot line of the lot and the front facade of the principal structure
in which it is located. No dumpster shall be located within 20 feet
of any property line.
G.
To minimize conflicts and promote public health and safety, the storage
of palettes, loading-related equipment and production-related materials
shall be contained within an enclosed and covered structure that is
connected to the principal building.
H.
Storage and production activities shall be located within the principal
building. The combined square footage associated with storage and
production shall not exceed 50% of the gross square footage of the
principal building.
I.
Parking quantities shall be determined using the parking ratio applicable
to taverns/bars, as defined herein in this chapter.
J.
Based upon the extend of delivery/truck traffic associated with the
use, the Township may require a loading berth to be provided. The
location of such berth shall be designated to minimize impact to surrounding
land use(s) and circulation of vehicles and pedestrians.
K.
Outdoor seating areas associated with beverage production uses shall
be subject to the following:
(1)
A designated outdoor seating area, designed to be integral with
the principal building, is permitted and shall be no larger than 10%
of the entire lot and shall be only accessible through the inside
of the facility.
(2)
The outdoor seating area shall be entirely enclosed by fencing
or landscaping and shall comply with all standards as required by
the Pennsylvania Liquor Control Board.
(3)
The outdoor seating area shall only be located within the side
of rear yards of the lot.
(4)
The outdoor seating area shall comply with all setback regulations
required for the principal building.
L.
If the establishment fills reusable take-home containers, more commonly
known as "growlers," the establishment shall dedicate at least four
parking spaces for short-term parking for growler-filling. The maximum
amount of time for short-term parking shall not exceed 20 minutes,
but the hours in which this short-term parking is enforced shall be
determined by the establishment. Signage shall be required to delineate
these short-term parking spaces.
M.
The establishment shall not have a drive-through facility.
N.
Outdoor entertainment shall not be permitted on the premises.
All billboards shall be subject to the express standards and criteria contained in § 200-907 of this chapter.
Cemeteries shall be subject to the following:
A.
A cemetery shall not be established on any parcel of property that
is less than 10 acres.
B.
A family plot shall be located on property that comprises at least
10 acres; however, there shall be no minimum lot area required for
the family plot. The applicant shall submit a registered survey with
the conditional use application indicating the boundaries of the family
plot.
C.
A drainage plan shall be submitted with the application for the use
showing existing and proposed runoff characteristics.
D.
Except for family plots, a groundwater study prepared by a hydrologist
or registered engineer qualified to perform such studies shall be
submitted with the application.
E.
Except for family plots, plans for ingress/egress to the site shall
be referred to the Township Police Department for comments regarding
public safety.
F.
Except for family plots, all property lines adjoining residential use or an R-L, R-H or MU zoning classification shall be screened by Buffer Area B as defined by § 200-703A of this chapter.
G.
Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the requirements for places of public assembly specified in Article VIII.
H.
All maintenance equipment shall be properly stored in an enclosed
building when not in use.
I.
Burial sites or burial structures in cemeteries and family plots
shall not be located within 100 feet of any property line adjoining
residential use or zoning classification.
Commercial recreation shall be subject to the following:
A.
The minimum lot area required for outdoor recreation facilities shall
be one acre. All indoor facilities shall meet the minimum lot area
required for the zoning district in which the property is located.
B.
The property shall have frontage on and direct vehicular access to
an arterial or collector street, as defined by this chapter.
C.
The property shall be served by public water and public sewers.
D.
Adequate sanitary facilities available to the public shall be provided.
E.
Outdoor speakers shall not be permitted if there are dwellings within
500 feet of the property in any direction. If outdoor speakers are
allowed, the volume and direction shall be regulated to minimize impact
on adjoining properties.
F.
Location of buildings and facilities, traffic circulation on the
property and parking areas shall be designed to provide adequate access
for emergency medical vehicles and firefighting equipment.
G.
Any outdoor facility shall be completely enclosed by a fence that
is at least six feet in height with one or more locking gates which
shall remain secured when the facility is not in use.
H.
Any outdoor facility located within 200 feet of an existing dwelling
shall cease operations no later than 10:00 p.m.
I.
Any use that includes eating or drinking facilities shall be subject
to the parking requirements for that use in addition to the parking
requirements for the recreational use.
Communications antennas mounted on an existing building or existing
public utility storage or transmission structure shall be subject
to the following:
A.
Building-mounted antennas shall not be permitted on any single-family
dwelling or two-family dwelling.
B.
The applicant shall demonstrate that the electromagnetic fields associated
with the proposed antennas comply with safety standards now or hereafter
established by the Federal Communications Commission (FCC).
C.
The applicant shall demonstrate compliance with all applicable Federal
Aviation Administration (FAA) and any applicable airport zoning regulations.
D.
Building-mounted antennas shall be permitted to exceed the height
limitations of the district by no more than 20 feet. Antennas mounted
on an existing public service corporation facility, storage or transmission
tower shall not project more than 20 feet above the height of the
tower.
E.
Omnidirectional or whip antennas shall not exceed 20 feet in height
or seven inches in diameter.
F.
Directional or panel antennas shall not exceed five feet in height
or two feet in width.
G.
Satellite and microwave dish antennas mounted on the roof of a building
or on a self-supporting communications tower shall not exceed six
feet in diameter.
H.
Satellite and microwave dish antennas mounted on a monopole communications
tower or existing public service corporation facility, storage or
transmission structure shall not exceed two feet in diameter.
I.
The applicant proposing a building-mounted antenna shall submit evidence
from a structural engineer certifying that the proposed installation
will not exceed the structural capacity of the building considering
wind and other loads associated with the antenna's location.
J.
Evidence of lease agreements and easements necessary to provide access
to the building or structure for installation and maintenance of the
antennas and placement of the equipment cabinet or equipment building
shall be provided to the Township.
K.
The placement of the equipment cabinet shall not obstruct the free
flow of traffic on the site, shall not reduce any parking required
or available for other uses on the site and shall not obstruct any
right-of-way or easement.
L.
Unless located within a secured building, the equipment cabinet shall
be fenced by a ten-foot-high chain link security fence with locking
gate. If the equipment cabinet is visible from any public street or
adjoining residential property, the equipment cabinet shall be screened
by a minimum six-foot-high dense, compact evergreen hedge or opaque
fence.
M.
If vehicular access to the equipment cabinet is not provided from
a public street or paved driveway or parking area, an easement or
right-of-way shall be provided which has a minimum width of 20 feet
and which shall be improved with a dust-free all-weather surface for
its entire length.
N.
At least one off-street parking space shall be provided on the site
within a reasonable walking distance of the equipment cabinet to facilitate
periodic visits by maintenance workers.
Communications towers shall be subject to the following:
A.
The applicant shall demonstrate that it is licensed or has made application
to be licensed by the Federal Communications Commission (FCC) to operate
a communications tower.
B.
Any applicant proposing a new freestanding communications tower shall
demonstrate that a good faith effort has been made to obtain permission
to mount the antenna on an existing building or other structure or
an existing communications tower. A good faith effort shall require
that all owners within a one-quarter-mile radius of the proposed site
be contacted and that one or more of the following reasons for not
selecting an alternative existing building or communications tower
or other structure apply:
(1)
The proposed equipment would exceed the structural capacity
of the existing building, communications tower or other structure
and reinforcement of the existing building, tower or other structure
cannot be accomplished at a reasonable cost.
(2)
The proposed equipment would cause RF (radio frequency) interference
with other existing or proposed equipment for that building, tower
or other structure and the interference cannot be prevented at a reasonable
cost.
(3)
Existing buildings, communications towers or other structures
do not have adequate space or height to accommodate the proposed equipment.
(4)
Addition of the proposed equipment would result in NIER (nonionizing
electromagnetic radiation) levels that exceed any adopted local, federal
or state emission standards.
C.
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to function effectively.
D.
The base of the communications tower shall be set back from all property
lines a minimum distance which represents 120% of the tower height
measured from the base of the antenna support structure at grade to
the highest point of the structure.
E.
An antenna which is proposed to be mounted on an existing building
or structure, other than an existing communications tower, shall not
exceed the height of the building or structure by more than 20 feet.
F.
The applicant shall submit certification from a structural engineer
that the structural capacity of any existing building or structure
on which an antenna is proposed to be mounted is adequate to withstand
wind and other loads associated with the antenna's location.
G.
In the case of a freestanding communications tower, the applicant
shall submit evidence that the tower structure and its method of installation
have been designed by a registered engineer and is certified by that
registered engineer to be structurally sound and able to withstand
wind and other loads in accordance with accepted engineering practice.
H.
The applicant shall demonstrate that the proposed antenna and any
tower structure are safe and that surrounding areas will not be negatively
affected by tower structure failure, falling ice or other debris,
electromagnetic fields or radio frequency interference.
I.
All guy wires and guyed towers shall be clearly marked and fenced in compliance with Subsection J below.
J.
Unless the communications tower is located on a building, the tower
structure or the entire property on which the tower structure is located
shall be completely enclosed by a six-foot-high chain link fence with
self-latching gate to limit accessibility to the general public.
K.
All tower structures shall be fitted with anticlimbing devices as
approved by the manufacturer for the type of installation proposed.
L.
All antennas and tower structures shall be subject to all applicable
Federal Aviation Administration (FAA) and airport zoning regulations.
M.
No sign or other structure shall be mounted on the tower structure,
except as may be required or approved by the Federal Communications
Commission (FCC), Federal Aviation Administration (FAA) or other governmental
agency.
N.
Tower structure's supporting antennas shall be painted or finished
in accordance with Federal Aviation Administration (FAA) regulations
in order to reduce visual impact.
O.
If the communications tower is fully automated, adequate parking
shall be provided for periodic visits by maintenance workers. If the
commercial communications tower is not fully automated, one parking
space shall be provided for each employee on peak shift.
P.
No antenna or tower structure shall be illuminated, except as may
be required by the Federal Aviation Administration (FAA), PA Department
of Aviation or the Federal Communications Commission (FCC).
Comparable uses not specifically listed shall be subject to
the following:
A.
Uses of the same general character as any of the uses authorized
as permitted uses by right or conditional uses in the zoning district
in which the property is located shall be allowed, if the Board of
Supervisors determines that the impact of the proposed use on the
environment and adjacent streets and properties is equal to or less
than any use specifically listed in the zoning district. In making
such determination, the Board of Supervisors shall consider the following
characteristics of the proposed use:
B.
The proposed use shall comply with all applicable area and bulk regulations
for the zoning district in which it is located.
C.
The proposed use shall comply with any applicable express standards
and criteria specified in this article for the most nearly comparable
conditional use listed in the zoning district in which the comparable
use is proposed.
Contracting business shall be subject to the following:
A.
The minimum buffer required shall be 20 feet when adjacent to any
existing residential lot.
Contractor's yard shall be subject to the following:
A.
The minimum buffer required shall be 20 feet when adjacent to any
existing residential lot.
Crematoriums shall be subject to the following:
Day-care centers or preschool facilities shall be subject to
the following:
A.
The facility shall be registered with or licensed by the Commonwealth
of Pennsylvania, if applicable.
B.
In the A-1, R-L and R-H Districts, the day-care center or preschool
facility shall only be located in an existing church or school.
C.
Outdoor play areas shall be provided which shall have a minimum area
of 65 square feet per child and which shall be secured by a four-foot-high
fence with self-latching gate.
D.
The general safety of the property proposed for a day-care center,
nursery school or preschool facility shall meet the needs of small
children.
Educational studios shall be subject to the following:
A.
The minimum site required shall be 10 acres.
B.
The maximum number of students in any class at any one time shall
be 20.
C.
Off-street parking shall be provided at the rate of one parking space
for each student proposed to be accommodated in the largest class
conducted at any one time.
D.
Off-street parking shall be improved with a dust-free, all-weather
surface.
E.
The educational studio shall be established in an existing building.
An addition to or renovation of an existing building shall be permitted;
however, new construction of a freestanding building solely to house
the educational studio shall not be permitted.
F.
The operator of the educational studio shall be a member of the family
residing on the property; however, the operator need not reside on
the property.
G.
In addition to the operator, no more than two nonresident employees
shall be employed in the educational studio.
H.
Any family member residing on the property may be employed in the
educational studio.
Family day-care homes shall be subject to the following:
A.
An adequate outdoor play area shall be provided and shall be secured
by a fence with self-latching gate. Such play area shall be screened
from adjoining residential properties by a minimum four-foot-high
opaque fence.
B.
Outdoor play areas shall have a minimum area of 400 square feet.
C.
A safe area shall be provided for dropping off and picking up children
which does not obstruct the free flow of traffic on any public street.
D.
The family day-care home shall be licensed by, or approved by, the
Commonwealth of Pennsylvania, as required by the laws of the commonwealth,
and continued compliance with the license or approval and all applicable
laws of the commonwealth shall be maintained throughout the operation
of the family day-care home.
Group care facilities, personal care boarding homes and transitional
dwellings shall be subject to the following:
A.
The minimum area and bulk regulations for a group care facility,
personal care boarding home or transitional dwelling shall be the
same as those required for a principal use in the district in which
the facility is located.
B.
In the R-H District, a group care facility or personal care boarding
home shall have frontage on and direct vehicular access to an arterial
or collector street, as defined by this chapter.
C.
No group care facility, personal care boarding home or transitional
dwelling shall be located within 500 feet of another existing or proposed
group care facility, personal care boarding home or transitional dwelling.
D.
Adequate provisions shall be made for access by emergency medical
and firefighting vehicles.
E.
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
F.
Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs.
G.
Where applicable, licensing or certification by the sponsoring agency
shall be prerequisite to obtaining a certificate of occupancy and
a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
Hospitals, clinics or nursing homes shall be subject to the
following:
A.
The minimum lot area required for a hospital shall be five acres.
The minimum lot area required for a clinic or nursing home shall be
one acre.
B.
The property shall be served by public water and public sewers.
C.
All hospitals and nursing homes shall be licensed by the commonwealth.
D.
Water pressure and volume shall be adequate for fire protection.
E.
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
F.
The parking and circulation plan shall be referred to the Township
Police Department and volunteer fire company for comments regarding
traffic safety and emergency access.
G.
Nursing homes shall have a bed capacity of at least 20 beds, but
no more than 200 beds.
H.
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area B, as defined by § 200-703A of this chapter.
I.
A private use helipad for air ambulance shall be permitted as part
of a hospital, provided all of the following criteria are met:
(1)
Helipads shall be located at least 250 feet from any property
line or public street.
(2)
Helipads accessory to a hospital shall be limited to use by
emergency vehicles and health system personnel.
(3)
Evidence of compliance with all applicable regulations of the
Federal Aviation Administration (FAA) and the Pennsylvania Department
of Transportation, Bureau of Aviation shall be submitted.
(4)
The helicopter landing pad shall be clearly marked with the
insignia commonly recognized to indicate a private use helipad.
(5)
The helicopter landing pad shall be paved, level and maintained
dirt-free. Rooftop pads shall be free of all loose stone and aggregate.
(6)
An application for a helipad on a roof shall be accompanied
by a certification by a registered engineer that the loads imposed
by the helicopter will be supported by the structure.
(7)
Lighting shall be shielded away from adjacent properties and
streets.
J.
Disposal of medical waste shall be in accordance with all applicable
permits and handling requirements of the Pennsylvania Department of
Environmental Protection (PA DEP) and the United States Environmental
Protection Agency (EPA).
Junkyards shall be subject to the following:
A.
The minimum site required shall be 20 acres.
B.
The premises shall be maintained so as to not constitute a nuisance
or menace to public health and safety.
C.
No garbage, hazardous materials or hazardous waste as defined by
federal statute, or other organic waste shall be stored on the premises.
D.
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 200-1202 of this chapter.
E.
The manner of storage of junk or other materials or equipment on
the site shall facilitate access for firefighting, shall prevent hazards
from fire or explosion and shall prevent the accumulation of stagnant
water.
F.
The junk or salvage yard operation shall comply with the performance standards of § 200-702 of this chapter.
G.
No junk shall be stored or accumulated and no structure shall be
located within 100 feet of any dwelling or within 40 feet of any property
line or public street.
H.
The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection J below.
I.
The fence shall be supplemented with screening material that creates
a visual barrier that is at least 80% opaque.
J.
Buffer Area A, as defined by § 200-703A of this chapter, shall be provided along all property lines adjoining residential uses or property in an A-1, R-L, R-H or MU Zoning District classification.
K.
The site shall be designed utilizing natural topography and/or constructed
earthen mounds so as to obstruct visibility from adjacent public streets.
L.
In January of each year, the operator shall apply to the Zoning Officer
for renewal of the zoning certificate and shall present evidence of
continuing compliance with all conditions of approval and any required
state permits.
Kennels shall be subject to the following:
A.
If required by law, the facility shall be licensed by the commonwealth.
B.
The facility shall comply with the Pennsylvania Dog Law (PA 1996-1513;
3 P.S. § 459-101 et seq.), as now or hereafter amended,
and all applicable rules and regulations of the Pennsylvania Department
of Agriculture.
C.
The minimum site required to operate a kennel shall be five acres.
D.
Outdoor kennels shall be located at least 300 feet from any occupied
dwelling on an adjacent lot and at least 200 feet from any property
line adjoining property in an A-1, R-L, R-H or MU Zoning District.
E.
Buffer Area C, as defined by § 200-703A, shall be installed along any property line adjoining an existing dwelling for the distance necessary to screen the adjacent dwelling and its rear yard from the kennel.
F.
Outdoor runs and similar facilities shall be constructed for easy
cleaning, and shall be adequately secured by a minimum six-foot-high
fence with self-latching gate.
G.
The operator shall submit an animal waste management and disposal
plan to the Township.
Landfills shall be subject to the following:
A.
The minimum site required for a landfill shall be 200 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
The site shall not be located in the watershed of any high-quality
stream identified by the commonwealth.
D.
The driveway or haul road entering the site from a public street
shall be paved for a distance of 500 feet from the public street.
E.
A tire washing station shall be located on the site to service trucks
exiting the facility.
F.
Bond.
(1)
Prior to beginning operations, the operator shall post a bond
in favor of the Township and in a form acceptable to the Township
Solicitor in the amount of $100,000 for each mile of Township road
or portion thereof proposed to be traversed by vehicles traveling
to the site. The term of the bond shall begin on the date that the
zoning certificate is issued. The bond shall be returned to the operator
upon completion of all operations and any backfilling or reconstruction
of a damaged roadway due to weight in excess of the posted weight
limits for the road.
(2)
Any failure to complete the reconstruction required by this
chapter shall result in forfeiture of the required bond. Those portions
of the Township roads that have been damaged shall be determined by
inspection of the Township Engineer and shall be reconstructed to
current Township specifications for street construction.
G.
Landfill operations shall not be conducted within 1,000 feet of any
property lines adjoining residential use or zoning district classification.
H.
All property lines adjoining residential use or A-1, R-L, R-H or MU Zoning District classification shall be screened by Buffer Area A, as defined by § 200-703A of this chapter.
I.
Fencing at least eight feet in height shall be provided around any
work area for security and to control windblown refuse.
J.
The applicant shall show compliance with all applicable federal and
state laws regulating landfills.
K.
The applicant shall obtain the required permits from the Pennsylvania
Department of Environmental Protection (PA DEP) and/or the United
States Environmental Protection Agency (EPA) prior to initiating any
operation.
L.
The required federal or state permits shall be maintained throughout
the duration of all operations.
M.
Any suspension or revocation of the required state or federal permits
shall constitute a violation of this chapter and shall result in the
suspension or revocation of the zoning certificate or enforcement
of the penalty provisions of this chapter or both.
N.
In January of each year, the operator shall apply to the Zoning Officer
for renewal of the zoning certificate and shall present evidence of
continuing compliance with all conditions of approval and the required
state or federal permits.
A.
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.
B.
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.
C.
A medical marijuana dispensary may not operate on the same site as
a facility used for growing and processing medical marijuana.
D.
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
E.
Permitted hours of operation of a medical marijuana dispensary shall
be between the hours of 8:00 a.m. and 7:00 p.m. of any calendar day.
F.
A medical marijuana dispensary shall be a maximum of 3,000 gross
square feet, of which no more than 500 square feet shall be used for
secure storage of product, and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area.
H.
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
I.
A medical marijuana dispensary may not be located within 1,000 feet
of the property line of a school or a 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 municipality in which it is located.
J.
A medical marijuana dispensary shall be a minimum distance of 1,000
feet from the next nearest medical marijuana dispensary. This distance
shall be measured in a straight line from the closest exterior walls
of the buildings or portions thereof in which the businesses are conducted
or proposed to be conducted, regardless of municipality in which it
is located.
K.
All external lighting serving a medical marijuana dispensary must
be shielded in such a manner to not allow light to be emitted skyward
or onto adjoining properties.
A.
A medical marijuana grower/processor shall 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.
B.
The floor area of a medical marijuana grower/processor shall include
sufficient space for production, secure storage of marijuana seed,
related finished product cultivation, and marijuana-related materials
and equipment used in production and cultivation or for required laboratory
testing.
C.
There shall be no emission of dust, fumes, vapors, odors, or waste
into the environment from any facility where medical marijuana growing,
processing or testing occurs.
D.
Marijuana remnants and byproducts shall be secured and properly disposed
of in accordance with the Pennsylvania Department of Health Policy
and shall not be placed within any unsecure exterior refuse containers.
E.
The grower/processor shall provide only wholesale products to other
medical marijuana facilities. Retail sales and dispensing of medical
marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
F.
Grower/processors may not locate within 1,000 feet of the property
line of a school or day-care center.
G.
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
Mine portals, ventilating shafts, bore holes, tipples, cleaning
plants and mine waste disposal areas shall be subject to the following:
A.
The operator of the coal mine shall submit copies of plans showing
the proposed location and/or type of structure to be erected.
B.
With the exceptions of coal tipples, cleaning plants and mine waste
disposal areas, the structure of all buildings shall harmonize as
far as reasonably possible with the character of the structures in
the district in which they are located.
C.
Parking areas for mine portals, coal tipples and cleaning plants shall conform with the provisions of Article VIII.
D.
Areas around coal tipples, cleaning plants and mine waste disposal
areas shall be appropriately landscaped and maintained in good condition
so as to protect the adjacent properties. As a minimum, there shall
be 200 square feet of landscaped area in the front and side yards
for each 1,000 square feet of building, parking or roadway area.
E.
With the exception of the mine waste disposal areas, the site and
areas used shall, upon completion or discontinuation of mining operations,
be left in a manner making them usable in accordance with the regulations
applicable to the district in which they are located.
F.
As part of the application for approval any proposed initiation or
expansion of a coal extraction operation shall provide a report with
the following information:
(1)
An assessment of existing structural damage and glass breakage
in any structure within 500 feet of the property lines.
(2)
A report on the quality and quantity of any well in use within
500 feet of the property lines. Quantity shall be measured in gallons
per minute. The report on quality shall include the results of tests
for the following specific criteria: pH; dissolved oxygen (mg/l);
iron (mg/l); dissolved solids (mg/l); turbidity (units); threshold
odor number; alkalinity (mg/l); and hardness (mg/l).
G.
The following provisions shall apply to coal mining operations:
(1)
Ventilating shafts. Ventilating shafts, including all structures
intended to supply air or power to underground coal mines, shall comply
with the general provisions set forth herein.
(2)
Mechanical baffles supplemented by topography and/or landscaping
shall be utilized to protect the adjacent properties from the noise
level of exhaust fans.
H.
Mine portals, including structures, parking areas and other related
facilities, shall comply with the requirements set forth in the general
provisions.
I.
Coal tipples and cleaning plants, including structures, parking areas
and other related facilities, shall comply with the requirements set
forth in the general provisions as well as the following additional
conditions and requirements:
(1)
Structures shall be located at a minimum distance of 500 feet
from any other lot in any A, R, B or M-1 District to ensure adequate
screening.
(2)
The site of tipples or cleaning plants shall be appropriately
screened by tree plantings, to supplement natural screening provided
by the topography, and shall be maintained in good condition.
J.
Mine waste disposal areas, including any related facilities, shall
comply with the following additional conditions and requirements:
(1)
Mine waste shall be placed in a manner that will prevent combustion.
(2)
Mine waste shall be deposited wherever possible in ravines or
low areas and at a minimum distance of 100 feet from any other lot
in any A, R, B or M-1 District to minimize their visibility. Where
topographical conditions and natural vegetation do not afford adequate
screening, a suitable landscape screen of trees and shrubs and a minimum
setback distance of 250 feet from any other lot in any A, R, B or
M-1 District shall be provided.
Mineral extraction shall be subject to the following:
A.
Removal of minerals encountered during the routine grading of a site
for the purposes of an approved land development or for the construction
of public improvements shall be excluded from these regulations and
the requirement to obtain approval of a conditional use application,
provided evidence is presented to the Township that all applicable
requirements of the Pennsylvania Department of Environmental Protection
(PA DEP) are met.
B.
There shall be no removal of minerals or vegetative cover within
100 feet of the bank of any stream or natural watercourse identified
on maps prepared by the United States Geologic Survey (USGS).
C.
Mineral removal shall be prohibited in watersheds or rivers or streams
now or hereafter designated by the Pennsylvania Fish Commission as
a wilderness trout stream, by the Pennsylvania Department of Environmental
Protection (PA DEP) as part of the scenic rivers system or designated
under the Federal Wild and Scenic Rivers Act.
D.
No mineral removal shall be conducted within 300 feet of any public
building, school, church, community or institutional building, commercial
building, public park or recreational area.
E.
No mineral removal shall be conducted within 100 feet of the outside
right-of-way line of any public street, except where access roads
or haulage roads join the right-of-way line and where the appropriate
state or federal agency having jurisdiction over the conduct of mineral
removal operations shall permit it in accordance with law.
F.
No mineral removal shall be conducted that will adversely affect
any publicly owned park or places included in the National Register
of Historic Sites, unless approved by the governmental agency with
jurisdiction over the park or historic sight.
G.
No mineral removal shall be conducted within 100 feet of a cemetery.
H.
No mineral removal shall be conducted within 300 feet of an occupied
dwelling, unless the consent of the owner has been obtained in advance
of the filing of the application for zoning approval.
I.
The applicant shall present expert testimony to demonstrate that
the proposed mineral removal operation will not adversely affect any
of the following:
J.
The applicant shall present expert testimony to demonstrate that
the use of explosives, if proposed, shall not cause injury to any
adjacent structures or shall not substantially diminish underground
water resources.
K.
If blasting is to be undertaken, a seismograph shall be placed on
the site of the operation during all times when blasting is performed
which shall be monitored by an independent engineering consultant
whose credentials are acceptable to the Township and whose fee is
paid by the applicant.
L.
The applicant shall provide reclamation plans for the site that demonstrate
that the condition of the land after the operation is completed will
allow economically and ecologically productive uses of the type permitted
in the district in which the site is located. Acceptance of the reclamation
plan shall not constitute approval of any aspect of any future development
plan.
M.
The applicant shall show the proposed routes of all trucks to be
utilized for hauling and the estimated weights of those trucks. The
applicant shall show evidence of compliance with designated weight
limits on state, county and Township roads and shall design the hauling
routes for the mineral removal operation to minimize the impact on
local streets within the Township.
N.
The operator shall post a bond in favor of the Township and in a
form acceptable to the Township prior to beginning operations to guarantee
restoration of Township streets that may be damaged during the mineral
removal operations.
O.
Portions of the site where mineral removal operations are conducted
may be required to be fenced or screened, as necessary, to provide
security and protect adjacent properties.
P.
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
and federal permits, including proof of insurability, before initiating
any work and shall maintain the required permits throughout the duration
of all operations. Any suspension or revocation of the required state
or federal permits shall constitute a violation of zoning approval
and will result in the suspension or revocation of zoning approval
and/or enforcement of the penalty provisions of this chapter.
Q.
Approval of the conditional use shall expire if work authorized in
the application for the conditional use is not commenced within six
months of the date of approval of the conditional use application
by the Board of Supervisors, unless the applicant submits a written
request for an extension prior to the expiration of the six months
after the date of approval.
R.
Once work is initiated under an approved application for conditional
use, zoning approval shall be valid for a period of one year from
the date of conditional use approval by the Board of Supervisors.
An application for renewal of zoning approval shall be submitted prior
to the expiration of zoning approval and shall be approved by the
Zoning Officer upon demonstration by the applicant that all conditions
of approval of the conditional use and the required federal and state
permits remain in full force and effect and that the applicant is
diligently pursuing the completion of the mineral removal operation.
S.
During the mineral removal operation, the Township Engineer may inspect
the site at the request of the Board of Supervisors to determine continuing
compliance with these standards and criteria and any conditions of
approval. The cost of inspection by the Township Engineer shall be
borne by the operator.
Mini-warehouse or self-storage facility shall be subject to
the following:
A.
The minimum buffer required shall be 20 feet when adjacent to any
existing residential lot.
Mobile home parks shall be subject to the following:
A.
The application shall comply with all applicable requirements of Chapter 178, Subdivision and Land Development, governing mobile home parks.
B.
The minimum site required for a mobile home park shall be 15 acres.
C.
The site shall have frontage on and direct vehicular access to a
street defined by this chapter as arterial or collector.
D.
The site shall be served by public sewers or a community treatment
system approved by the Pennsylvania Department of Environmental Protection
(PA DEP).
E.
The minimum mobile home lot shall be 3,000 square feet.
F.
The minimum yard requirements for each mobile home lot shall be 25
feet for front yards, 20 feet for rear yards and 10 feet for side
yards. Such yards shall be measured from the perimeter of the mobile
home slab.
G.
A minimum fifty-foot setback shall be provided around the entire
perimeter of the mobile home park site.
H.
Buffer Area B, as defined by § 200-703A of this chapter, shall be provided along all property lines adjoining property in an A-1, R-L, R-H or MU Zoning District.
I.
Every mobile home slab shall have access to a public or private street paved in accordance with the requirements of Chapter 178, Subdivision and Land Development.
J.
Each mobile home lot shall provide two off-street parking spaces.
Noncommercial recreation and public recreation shall be subject
to the following:
A.
A minimum lot area of one acre shall be required; however, the minimum
lot area required may be reduced to not less than 12,000 square feet
for public facilities which are located in established neighborhoods
within walking distance of the residents they are intended to serve
and where no off-street parking is proposed for the facility.
B.
All principal structures shall be located at least 30 feet from any
property line.
C.
Buffer Area C, as defined by § 200-703A of this chapter, shall be provided where parking for the use or other intensively used facilities such as ball fields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or zoning classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or zoning classification.
E.
All lighting shall be shielded away from adjoining streets and properties.
F.
Any outdoor facility located within 200 feet of an existing dwelling
shall cease operations between 10:00 p.m. and 7:00 a.m.
A.
A company desiring to operate a compressor station shall obtain the
permits required by this section, which are in addition to, and are
not in lieu of, any permit that may be required by any other governmental
or regulating agency.
B.
The company must adhere to the following regulations:
(1)
Building permits, zoning certificates, and certificates of occupancy.
Building permits, zoning certificates, and certificates of occupancy,
where applicable, shall be obtained from the Township Zoning Officer,
and applications must include:
(a)
A description of proposed site or modification to an existing
site with identification whether the site is in a wetland or floodplain;
(b)
Anticipated construction start and completion date;
(c)
A plot plan of the site showing a clearly marked scale, all
property lines, all buildings, water wells, water sources and rights-of-way;
(d)
The applicant shall apply for a Township-assigned address at
the time of building permit application;
(e)
All additional requirements that may be modified or added by
subsequent ordinance or required by Pennsylvania law.
(2)
Grading permit. A grading permit, if applicable, must be obtained per § 178-30 of the Subdivision and Land Development Ordinance prior to any grading or earth moving and must include evidence of an approved soil erosion and sedimentation control plan.
(3)
State and federal compliance. The applicant shall comply with
all applicable state and federal regulations and shall show evidence
of obtaining the required state and/or federal permits, including
proof of insurability, before initiating any work and maintaining
the required permits throughout the duration of all operations. The
applicant shall notify the Township immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension or revocation, the Township-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached.
(4)
Setbacks. The following minimum setback distances must be adhered
to:
(a)
The minimum distance to any protected use shall be 1,000 feet;
(b)
The minimum distance to any public or private school shall be
2,500 feet;
(c)
A setback reduction approval may be authorized by the Mount
Pleasant Township Board of Supervisors as part of the conditional
use approval process, provided that the applicant can submit compelling
evidence that such a reduction is necessary and will not be detrimental
to the purposes of this section;
(d)
All aboveground equipment including compressor engines and any
structure in which they are enclosed must be set back a minimum of
100 feet from any adjacent property lines or rights-of-way.
(5)
Screening and landscaping. The standards in § 200-703 shall be determined during the conditional use hearing.
(6)
Fence standards. A secured entrance gate on the access road
shall be required and all gates are to be kept locked when the operator
or its employees are not on the premises. All storage tanks, separation
facilities, or other mechanical or production equipment on the operation
site shall be completely enclosed by a permanent chain-link fence.
Standards for the chain-link fence and secured gate are as follows:
(a)
The chain-link fence shall be at least eight feet in height;
(b)
Support posts shall be set in concrete and shall be imbedded
into the ground to a depth sufficient to maintain the stability of
the fence;
(c)
The chain-link shall be dark green or black steel wire;
(d)
The chain-link fence shall have, at a minimum, eleven-gauge
thickness;
(e)
Posts and rails shall be black or dark green standard socket
construction or similar design;
(f)
Tension rods shall be three-eighths-inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having a six-inch
minimum take-up. Tension bars shall have minimum thickness of 1/4
inch by 3/4 inch;
(g)
All chain-link fences shall be equipped with at least two gates.
At least one of the gates shall meet the following specifications:
[1]
The gates shall be of black or dark green chain-link
construction that meets the applicable specifications or of other
approved material that, for safety reasons, shall be at least as secure
as the chain-link fence;
[2]
Fence screening. Fencing shall be equipped with
interlocking opaque slats, mesh, or other screening material approved
by the Township. Color of materials shall be uniform and complementary
to the color of the fence and painted equipment. Approved colors shall
include, but not be limited to, green, brown, tan, and black.
(7)
Engines. Compressors and other power-driven equipment shall
utilize sparkless electric motors, when practicable, as an alternative
to internal-combustion engines, unless the applicant can demonstrate
that the alternative engines are consistent with the objectives of
any Township ordinance. All electrical installations and equipment
shall conform to Township ordinances and the applicable national codes.
(8)
Access roads. Access to any facility shall be arranged to minimize
danger to traffic, nuisance to surrounding properties and to maintain
the integrity of Township roads. The following standards apply:
(a)
Any newly established private easements/roadways constructed
on the parcel containing the facility shall be located at least 50
feet from any property line unless written consent is obtained from
the adjoining property owner(s);
(b)
The access road to the facility, beginning with its intersection
with a Township road, shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
would reasonably minimize water, sediment or debris carried onto any
public road. If the access road or accessway is less than 200 feet
in length, the entire access road or accessway shall meet these conditions.
This shall be in place prior to the commencement of any facility operations;
(c)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
(9)
Truck routes. The applicant shall submit a road use plan showing
the proposed routes of all trucks to be utilized for hauling equipment,
supplies and the like and the estimated weights of those trucks and
the estimated number of trucks entering and exiting the facility daily,
as well as keep a record/log of actual use which may be requested
from time to time by the Board of Supervisors. In conjunction with
the Township, the applicant shall design the hauling routes to and
from the facility to minimize the impact on local roads. At no time
shall any overweight vehicle travel upon any Township roads, or portion
thereof, other than the specified portion of Township roads for which
security has been provided.
(10)
Road use maintenance agreements required. The applicant shall
apply for a road use maintenance agreement, pay the prescribed fee,
and adhere to all conditions set forth in the agreement.
(11)
Fee reimbursement. For the period during which construction
is taking place, the applicant agrees to reimburse the Township for
all reasonable and direct professional consultant fees incurred by
the Township related to the site inspection, including, but not limited
to, the Township Engineer, Township Solicitor and any other reasonable
and direct consultant fees incurred for the review and approval process,
and for any specialized work called for in the permit.
(12)
Signage, site identification. The facility signage shall be clearly visible for all 911 Emergency Services, per Chapter 61 of the Township Code of Ordinances, at the location where the access road intersects with the Township- or state-owned road and at the entrance gate to each facility. In addition to the specifications of Chapter 61, the signage must include:
(13)
Lights. No applicant shall permit any lights located on any
operation site to be directed in such a manner so that they shine
directly on a public road, protected use, adjacent property, or property
in the general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads, protected uses, and adjacent dwellings and buildings. Exterior
lights shall be turned off except when personnel are working on site
or motion sensors are activated.
(14)
Emergency response plan. Prior to development, the applicant
shall provide to the Township Police Department, Fire Department and
Zoning Officer a copy of its emergency response plan. Also, the applicant/operator
shall, at its sole cost and expense, provide to Emergency Services
appropriate site orientation with adequate information and ongoing
training on dealing with any potential dangerous conditions that may
result from development activities.
(15)
Enclosure. Noise-generating equipment, exceeding Township ordinance
standards, shall be fully enclosed in a sound reduction structure
that conforms to the character of the zone in which it exists. All
applicable development plans, permits and regulations shall apply
to the enclosure. During normal operations, the structure shall remain
fully enclosed, with all doors and windows remaining closed unless
during times of egress.
(16)
Supplemental regulations. The facility must meet all of the supplemental regulations of Chapter 200, Article VII, Supplemental Regulations, of the Township Code of Ordinances. Any and all uses categorized as conditional uses, shall, in addition to the specific conditions set forth herein and the supplemental regulations of Chapter 200, also be subject to additional applicable conditions and safeguards as set forth in Mount Pleasant Township Zoning Ordinance.
A.
A company desiring to operate an oil and gas processing facility
shall obtain the permits required by this section, which are in addition
to, and are not in lieu of, any permit that may be required by any
other governmental or regulating agency.
B.
The company must adhere to the following regulations:
(1)
Building permits, zoning certificates and certificates of occupancy.
Building permits, zoning certificates and certificates of occupancy,
where applicable, must be obtained from the Township Zoning Officer
and applications must include:
(a)
A description of proposed site or modification to an existing
site with identification whether the site is located in a wetland
or floodplain;
(b)
Anticipated construction start and completion date;
(c)
A plot plan of the site showing a clearly marked scale, all
property lines, all buildings, water wells, water sources, rights-of-way;
(d)
The applicant shall apply for a Township-assigned address at
the time of building permit application;
(e)
Any and all additional requirements that may be modified or
added by subsequent ordinance or required by Pennsylvania law.
(2)
Grading permit. A grading permit, if applicable, must be obtained per § 178-30 of the Subdivision and Land Development Ordinance, prior to any grading or earth moving and must include evidence of an approved soil erosion and sedimentation control plan.
(3)
State and federal compliance. The applicant shall comply with
all applicable state and federal regulations and shall show evidence
of obtaining the required state and/or federal permits, including
proof of insurability, before initiating any work and maintaining
the required permits throughout the duration of all operations. The
applicant shall notify the Township immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension or revocation, the Township-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached.
(4)
Setbacks. The following minimum setback distances must be adhered
to:
(a)
The minimum distance to any protected use shall be 1,000 feet;
(b)
The minimum distance to any public or private school shall be
2,500 feet;
(c)
A setback reduction approval may be authorized by the Mount
Pleasant Township Board of Supervisors as part of the conditional
use approval process, provided that the applicant can submit compelling
evidence that such a reduction is absolutely necessary and will not
be detrimental to the purposes of this section;
(d)
All aboveground equipment including compressor engines and any
structure in which they are enclosed must be set back a minimum of
100 feet from any adjacent property lines or rights-of-way.
(5)
Screening and landscaping: The standards in § 200-703 shall be determined during the conditional use hearing.
(6)
Fence standards. A secured entrance gate on the access road
shall be required and all gates are to be kept locked when the operator
or its employees are not on the premises. All storage tanks, separation
facilities, or other mechanical or production equipment on the operation
site shall be completely enclosed by a permanent chain-link fence.
Standards for the chain-link fence and secured gate are as follows:
(a)
The chain-link fence shall be at least eight feet in height;
(b)
Support posts shall be set in concrete and shall be imbedded
into the ground to a depth sufficient to maintain the stability of
the fence;
(c)
The chain-link shall be dark green or black steel wire;
(d)
The chain-link fence shall have, at a minimum, eleven-gauge
thickness;
(e)
Posts and rails shall be black or dark green standard socket
construction or similar design;
(f)
Tension rods shall be three-eighths-inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having a six-inch
minimum take-up. Tension bars shall have minimum thickness of 1/4
inch by 3/4 inch;
(g)
All chain-link fences shall be equipped with at least two gates.
At least one of the gates shall meet the following specifications:
[1]
The gates shall be of black or dark green chain-link
construction that meets the applicable specifications or of other
approved material that, for safety reasons, shall be at least as secure
as the chain-link fence;
[2]
Fence screening. Fencing shall be equipped with
interlocking opaque slats, mesh, or other screening material approved
by the Township. Color of materials shall be uniform and complementary
to the color of the fence and painted equipment. Approved colors shall
include, but not be limited to, green, brown, tan, and black.
(7)
Engines. Compressors and other power-driven equipment shall
utilize sparkless electric motors, when practicable, as an alternative
to internal-combustion engines, unless the applicant can demonstrate
that the alternative engines are not inconsistent with the objectives
of any Township ordinance. All electrical installations and equipment
shall conform to Township ordinances and the applicable national codes.
(8)
Access roads. Access to any facility shall be arranged to minimize
danger to traffic, nuisance to surrounding properties and to maintain
the integrity of Township roads. The following standards shall apply:
(a)
Any newly established private easements/roadways constructed
on the parcel containing the facility shall be located at least 50
feet from any property line unless written consent is obtained from
the adjoining property owner(s);
(b)
The access road to the facility, beginning with its intersection
with a Township road, shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
would reasonably minimize water, sediment or debris carried onto any
public road. If the access road or accessway is less than 200 feet
in length, the entire access road or accessway shall meet these conditions.
This shall be in place prior to the commencement of any facility operations;
(c)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
(9)
Truck routes. The applicant shall submit a road use plan showing
the proposed routes of all trucks to be utilized for hauling equipment,
supplies and the like and the estimated weights of those trucks and
the estimated number of trucks entering and exiting the facility on
a daily basis, as well as keep a record/log of actual use which may
be requested from time to time by the Board of Supervisors. In conjunction
with the Township, the applicant shall design the hauling routes to
and from the facility to minimize the impact on local roads. At no
time shall any overweight vehicle travel upon any Township roads,
or portion thereof, other than the specified portion of Township roads
for which security has been provided.
(10)
Road use maintenance agreements required. The applicant shall
apply for a road use maintenance agreement, pay the prescribed fee,
and adhere to all conditions set forth.
(11)
Fee reimbursement. For the period during which construction
is taking place, the applicant agrees to reimburse the Township for
all reasonable and direct professional consultant fees incurred by
the Township related to the site inspection, including, but not limited
to, the Township Engineer, Township Solicitor and any other reasonable
and direct consultant fees incurred for the review and approval process,
and for any specialized work called for in the permit and its conditions.
(12)
Signage, site identification. The facility signage shall be clearly visible for all 911 Emergency Services, per Chapter 61 of the Township Code of Ordinances, at the location where the access road intersects with the Township- or state-owned road and at the entrance gate to each facility. In addition to the specifications of Chapter 61, the signage must include:
(13)
Lights. No applicant shall permit any lights located on any
operation site to be directed in such a manner so that they shine
directly on a public road, protected use, adjacent property or property
in the general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads, protected uses, and adjacent dwellings and buildings. Exterior
lights shall be turned off except when personnel are working on site
or motion sensors are activated.
(14)
Emergency response plan. Prior to development, the applicant
shall provide to the Township Police Department, Fire Department and
Zoning Officer a copy of its emergency response plan. Also, the applicant/operator
shall, at its sole cost and expense, provide to Emergency Services
appropriate site orientation with adequate information and ongoing
training on dealing with any potential dangerous conditions that may
result from development activities.
(15)
Enclosure. Noise-generating equipment, exceeding Township ordinance
standards, shall be fully enclosed in a sound reduction structure
that conforms to the character of the zone in which it exists. All
applicable development plans, permits and regulations shall apply
to the enclosure. During normal operations, the structure shall remain
fully enclosed, with all doors and windows remaining closed unless
during times of egress.
(16)
Supplemental regulations. The facility must meet all of the supplemental regulations of Chapter 200, Zoning, Article VII, Supplemental Regulations, of the Township Code of Ordinances. Any and all uses categorized as conditional uses, shall, in addition to the specific conditions set forth herein and the supplemental regulations of Chapter 200, also be subject to additional applicable conditions and safeguards as set forth in § 200-502A(7) (procedure for approval) and § 200-503, General standards, of this chapter.
A.
A company desiring to engage in any oil and/or natural gas well site
construction, drilling, hydraulic fracturing, and/or site restoration
associated with a gas well of any depth; water impoundment and other
fluid storage, and transportation used for such activities shall obtain
a zoning certificate from the Township.
B.
The company must adhere to the following regulations:
(1)
Zoning certificate. Zoning certificates must be obtained from
the Township Zoning Officer prior to commencement of drilling, and
applications must include:
(a)
The name and address of the mineral and royalty owner(s), a
copy of the oil and gas lease and any drilling permits issued by the
Commonwealth of Pennsylvania, or the application, if a state permit
has not yet been issued, shall be attached;
(b)
The name and address of the applicant, including the name and
telephone number of a local representative;
(c)
The exact description of the location of the proposed well and
verification that the site is not located in a wetland or floodplain;
(d)
The name and address of each property owner of all property
within 1,000 feet of the proposed well, and verification that all
above-referenced property owners have been notified in writing of
the drilling activity;
(e)
Anticipated construction start and completion date;
(f)
A plot plan of the site showing a clearly marked scale, all
property lines, all buildings, water wells, water sources and rights-of-way.
(2)
Grading permit. A grading permit, if applicable, must be obtained per § 178-30 of the Subdivision and Land Development Ordinance prior to any grading or earth moving and must include evidence of an approved soil erosion and sedimentation control plan.
(3)
State and federal compliance. The applicant shall comply with
all applicable state and federal regulations and shall show evidence
of obtaining the required state and/or federal permits, including
proof of insurability, before initiating any work and maintaining
the required permits throughout the duration of all operations. The
applicant shall notify the Township immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension or revocation, the Township-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached.
(5)
Screening. Temporary screening panels, of a style and material
used for noise abatement, shall be erected around the entire drilling
site before commencement of the active drilling phase and shall remain
in effect until the well is drilled and production has commenced.
A waiver of the screening panels can be requested as part of the conditional
use approval process, provided that the applicant can submit compelling
evidence that such a waiver is absolutely necessary and will not be
detrimental to the purposes of this section.
(6)
Access roads. Access to any well site shall be arranged to minimize
danger to traffic and nuisance to surrounding properties and to maintain
the integrity of Township roads. The following shall apply:
(a)
Any newly established private easements/roadways constructed
on the parcel containing the well site shall be located at least 50
feet from any property line unless written consent is obtained from
the adjoining property owner(s);
(b)
The access road to the well site, beginning with its intersection
with a Township road, shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
would reasonably minimize water, sediment or debris carried onto any
public road. If the access road or accessway is less than 200 feet
in length, the entire access road or accessway shall meet these conditions.
This shall be in place prior to the commencement of drilling operations;
(c)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
(7)
Truck routes. The applicant shall submit a road use plan showing
the proposed routes of all trucks to be utilized for hauling equipment,
supplies and the like and the estimated weights of those trucks and
the estimated number of trucks entering and exiting the facility on
a daily basis, as well as keep a record/log of actual use which may
be requested from time to time by the Board of Supervisors. In conjunction
with the Township, the applicant shall design the hauling routes to
and from the facility to minimize the impact on local roads. At no
time shall any overweight vehicle travel upon any Township roads,
or portion thereof, other than the specified portion of Township roads
for which security has been provided.
(8)
Road use maintenance agreements required. The applicant shall
apply for a road use maintenance agreement, pay the prescribed fee,
and adhere to all conditions set forth.
(9)
Fee reimbursement. The applicant agrees to reimburse the Township
for all reasonable and direct professional consultant fees incurred
by the Township related to the site inspection, including, but not
limited to, the Township Engineer, Township Solicitor and any other
reasonable and direct consultant fees incurred for the review and
approval process, and for any specialized work called for in the permit
and its conditions.
(10)
Signage, site identification. The well site signage shall be clearly visible for all 911 Emergency Services, per Chapter 61 of the Township Code of Ordinances, at the location where the access road intersects with the Township- or state-owned road and at the entrance to each well site. In the event there are multiple well sites accessible from a single entrance point, this information must be clearly posted and visible as to abate possible confusion. In addition to the specifications of Chapter 61, the signage must include:
(11)
Lights. No applicant shall permit any lights located on any
operation site to be directed in such a manner so that they shine
directly on public road, protected use, adjacent property or property
in the general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads, protected uses, and adjacent dwellings and buildings. Exterior
lights shall be turned off except when personnel are working on site
or motion sensors are activated.
(12)
Operating times. All site preparation and preproduction activities
on the site, as well as access road maintenance, site reclamation
activity and other ongoing ancillary activities shall be permissible
Mondays through Saturdays (with the exception of federal and/or state
holidays) between the hours of 7:00 a.m. and 7:00 p.m., or as otherwise
authorized by the Board of Supervisors. The active drilling phase
is exempt from this subsection.
(13)
Water impoundments, fresh/waste: The applicant shall register
any freshwater or wastewater impoundment with the Township prior to
the construction. The applicant shall adhere to the following:
(a)
Impoundment must be 500 feet from property lines;
(b)
A copy of the PA DEP impoundment permit, if applicable, must
be provided at the time of application or when available;
(c)
Chain-link fencing must be installed around any impoundment
and shall be at least eight feet in height;
(d)
Thirty-day advance written notice must be provided when transitioning
from a freshwater to a wastewater impoundment and the applicant must:
(e)
Bird netting shall be utilized;
(f)
The applicant shall provide a copy of the final closure certificate;
(g)
Install hazardous waste warning signs around wastewater impoundments;
(h)
Any PA DEP-reportable spills, leaks, malfunctions or similar
incidents must be reported immediately to the Township.
(14)
Emergency response plan. Prior to development, the applicant
shall provide to the Township Police Department, Fire Department and
Zoning Officer a copy of its emergency response plan. Also, the applicant/operator
shall, at its sole cost and expense, provide to Emergency Services
appropriate site orientation with adequate information and ongoing
training on dealing with any potential dangerous conditions that may
result from development activities and shall be made available at
least annually during the period when the applicant/operator anticipates
drilling activity within the Township.
(15)
Engine and motor enclosures. All engines and motors not involved
in the active drilling/fracturing phase but used to facilitate the
movement of gas or regulate the pressure of gas must be enclosed in
a permanent structure.
(16)
Supervisory personnel. Bunk housing shall be permitted and is
subject to Township review. An applicant shall submit any proposed
plan for bunk housing either at the time of a zoning application,
a subdivision and/or land development application or as part of a
permit process following said application approval. Bunk housing shall
be subject to the following:
(a)
The structure shall only be occupied during drilling, re-drilling,
fracking or completion activities and only by employees or contractors
responsible for such activities at the well site.
(b)
The operator shall provide an enforceable alcohol and drug policy
for occupants of the bunk house.
(c)
The operator shall provide a firearms policy for occupants of
the bunk house.
(d)
Occupants of the bunk house shall be required to sign in and
out before entering or leaving the development.
(e)
The operator shall meet all state and local water and sewage
requirements.
(17)
Supplemental regulations. Well sites must meet all of the supplemental regulations of Chapter 200, Zoning, Article VII, Supplemental Regulations, of the Township Code of Ordinances. Any and all uses categorized as conditional uses shall, in addition to the specific conditions set forth herein and the supplemental regulations of Chapter 200, also be subject to additional applicable conditions and safeguards as set forth in § 200-502A(7) (procedure for approval) and § 200-503, General standards, of the Mount Pleasant Township Zoning Ordinance
Places of assembly and private or public schools shall be subject
to the following;
A.
The minimum lot area required for a postsecondary school shall be
10 acres. The minimum lot area required for all other uses shall be
one acre.
B.
If a residential facility (such as a convent or monastery) is proposed
as part of a place of assembly, no more than 10 persons shall be housed.
C.
A dwelling (such as a manse or parsonage) may be located on the same
lot with a place of assembly, provided that all requirements of this
chapter for single-family dwellings in the zoning district can be
met in addition to the minimum lot area, lot width and yard requirements
applicable to the church.
D.
If the school includes dormitories, the dormitories shall be screened along any property line adjoining single-family use or any property line in an A-1, R-L, R-H or MU zoning classification by Buffer Area C, as defined by § 200-703A of this chapter.
E.
Ingress and egress to and from police and fire stations shall be
located so as to maximize sight distance along adjacent public streets
and enhance safety for vehicles exiting the property.
F.
Fire stations, police stations and municipal maintenance facilities
shall be located on the property so that vehicles and equipment can
be maneuvered on the property without interrupting traffic flow or
blocking public streets.
G.
All schools shall be designed to provide convenient access for emergency
vehicles and access to all sides of the building by firefighting equipment.
H.
All outside storage shall be screened from public view from streets
and adjoining properties by a six-foot-high dense, compact evergreen
hedge or opaque fence.
I.
The proposed use shall have direct access to a public street with
sufficient capacity to accommodate the traffic generated by the proposed
use.
Public parking lots or public parking garages shall be subject
to the following:
A.
All public parking lots or public parking garages shall be designed
to have direct vehicular access to an arterial or collector street,
as defined by this chapter.
B.
All public parking lots or public parking garages shall be designed
to minimize traffic congestion on the site or within the garage and
for traffic entering or leaving the site or parking structure.
C.
The design of any public parking garage proposed to be located on
property which adjoins a residential zoning district shall take into
account the height, visual, light and air impacts on adjoining residences
and shall utilize architectural materials for the exterior walls facing
those residential areas that are compatible with the residential character
of adjoining properties.
D.
Any public parking garage structure, whether proposed as a principal
structure or an accessory structure, shall comply with the yard requirements
for a principal structure.
Commercial schools shall be subject to the following:
A.
Required off-street parking for the school shall be clearly designed
and shall be located within 300 feet of the entrance to the school.
B.
All buildings shall be set back at least 15 feet from any adjoining
residential uses.
C.
Enrollment shall be defined as the largest number of students of
the site at any one time during a seven-day period.
Slaughterhouses shall be subject to the following:
A.
The minimum site area required shall be 20 acres.
B.
The site shall be served by public water.
C.
The applicant shall present for approval and continuously implement
a plan for waste disposal that minimizes the environmental impacts
and protects adjacent properties from nuisances and health hazards.
D.
Adequate areas shall be provided on the site to maneuver, load and
unload trucks.
E.
Off-street parking shall be provided at the rate of 1 1/2 parking
spaces for each employee working on peak shift.
Sportsmen's clubs shall be subject to the following:
A.
The minimum site required shall be 10 acres.
B.
All buildings shall be set back at least 200 feet from any property
line adjoining a residential dwelling.
C.
In the A-1 District, operating a firing range shall not be permitted
within 1,000 feet of any existing residence.
D.
If the shooting area is on separate property, one parking space shall
be provided for each shooting position or station.
E.
All activities on the site shall comply with the performance standards of § 200-702 of this chapter.
F.
All off-street parking that adjoins any A-1, R-L, R-H or MU Zoning District shall be screened by Buffer Area C, as defined by § 200-703A of this chapter.
G.
Unless the perimeter of the site is densely wooded, all property lines that adjoin property in any A-1, R-L, R-H or MU Zoning District shall be screened by Buffer Area B, as defined by § 200-703A of this chapter.
H.
Any club that includes a restaurant or tavern shall further be subject to the off-street parking requirements of Article VIII for the portion of the building devoted to restaurant or tavern use.
I.
Any use of the facility by nonmembers shall require on-site management
and/or security personnel during the event.
A temporary use or structure, other than a construction trailer,
model home or sales office, shall be subject to the following:
A.
Temporary uses such as festivals, fairs or other similar activities
sponsored by a governmental, local nonprofit, community or charitable
organization shall be exempt from obtaining zoning approval from the
Zoning Hearing Board, provided the Zoning Officer determines compliance
with the standards of this section as a condition of issuing a certificate
of occupancy.
B.
Sidewalk sales, carload sales and other special promotions conducted
on the site of an existing retail establishment with the permission
of the landowner for a period of not more than 72 consecutive hours
shall not be subject to the provisions of this section. Any such activity
which exceeds 72 consecutive hours in duration shall be subject to
approval under this section.
C.
A transient merchant license as may be required by Township ordinance
shall be obtained.
D.
Approval of temporary uses or structures shall be granted for a specific
time period not to exceed six months. If continued need for the temporary
use or structure on an annual basis is demonstrated by the applicant,
approval may be granted for annual renewal by the Zoning Officer of
the permit for the temporary use or structure, provided that all conditions
of the original approval are maintained.
E.
All temporary uses or structures shall be removed within 10 days
of the expiration of the specific period for which the structure or
use is approved.
F.
All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 200-803 for the proposed use.
G.
Vehicular access for all temporary uses or structures that are proposed
to be accessible to the public shall be designed to minimize congestion
on the lot and not impede the free flow of traffic for any other permanent
use or structure on the lot.
H.
All temporary uses or structures proposed to be used as principal
uses or structures shall comply with all area and bulk regulations
of the zoning district in which they are located. All temporary uses
or structures that are proposed to be used as accessory uses or structures
shall comply with the requirements of the zoning district for accessory
structures.
I.
Temporary uses or structures that are proposed as principal uses
or structures and that are accessible to the public shall provide
sanitary facilities, unless such facilities already exist on the lot.
Tourism shall be subject to the following:
A.
In the R-H District, the minimum lot area required for tourism shall
be one acre.
B.
Minimum site area.
(1)
In the A-1 District, the minimum site area required for tourism
shall be based on the number of parking spaces required for the use,
as follows:
|
Number of Parking Spaces
|
Minimum Site Area
(acres)
|
|---|---|
|
50 or fewer
|
10
|
|
51 to 75
|
25
|
|
76 to 100
|
50
|
|
More than 100
|
100
|
(2)
A tourism use shall not be expanded to provide additional parking
unless the foregoing minimum site area requirements are met.
C.
When tourism is proposed on a farm, the farm shall have frontage
on and direct vehicular access to an arterial or collector street,
as defined by this chapter, if more than 50 parking spaces are provided
to support the proposed use. An existing tourism operation on a farm
shall not be expanded to include more than 50 total parking spaces
unless the farm has frontage on and direct vehicular access to an
arterial or collector street as defined herein.
D.
Parking for the tourism use shall be based on the following ratios:
E.
Off-street parking accessory to tourism and the driveway leading
to the parking spaces from the public street shall be improved with
a gravel, slag or other aggregate surface.
F.
When tourism is proposed on a farm, the operator of the tourism use
must be the owner, operator or occupant of the farm.
G.
When tourism that involves retail sales is proposed on a farm, 50%
of the gross sales shall come from products grown, raised, produced
or processed on the farm.
H.
If guest rooms are provided as part of the tourism use on a farm,
the number of guest rooms shall be limited to one guest room for each
two acres of the site area of the farm.
I.
Excluding seasonal workers and temporary workers hired for special
events, the maximum number of employees employed in the tourism use
shall be related to the size of the site devoted to tourism, as follows:
|
Site Size
(acres)
|
Employees
|
|---|---|
|
10
|
5
|
|
11 to 25
|
10
|
|
26 to 50
|
15
|
|
51 to 99
|
20
|
|
100 or more
|
25 for each 100 acres
|
J.
All buildings and parking areas shall be screened by Buffer Area B, as defined by § 200-703A of this chapter, along any property line adjoining any A-1, R-L, R-H or MU Zoning District for the distance necessary to minimize the visual impact of the buildings and parking areas.
K.
If the proposed use is a seasonal use, the use shall be further subject to all applicable criteria of § 200-717.
L.
Adequate sanitary facilities available to the public shall be provided.
Evidence of PA DEP and local Sanitary Council approval of the proposed
sanitary treatment system adequate to serve the proposed occupancy
shall be submitted to the Township.
Small wind energy systems shall be subject to the following:
A.
The minimum site required to install a small wind energy system shall
be 10 acres.
B.
The maximum height of a small wind energy system shall be 100 feet.
C.
The applicant shall provide evidence that the proposed height of
the small wind energy system does not exceed the height recommended
by the manufacturer or distributor of the system.
D.
The applicant shall comply with all applicable regulations of the
Pennsylvania Public Utility Commission (PUC) governing generation
of electricity for private use.
E.
The small wind energy system generators and alternators shall be
constructed so as to prevent the emission of radio and television
signals. The applicant shall correct any signal disturbance problem
identified after initiation of the operation within 90 days of identification.
F.
The minimum distance between the ground and any protruding blades
utilized on a small wind energy system shall be 15 feet measured at
the lowest point of the are of the blades.
G.
The lowest point of the are of the blades utilized on a small wind
energy system shall be 10 feet above the height of any structure located
within 150 feet of the base of the small wind energy system.
H.
The supporting tower shall be enclosed by a six-foot-high fence,
unless the tower is fitted with anticlimbing devices for a distance
of 12 feet above the ground.
I.
The applicant shall submit evidence from the manufacturer regarding
the structural integrity of the tower, base and footings and the installation's
ability to withstand expected wind loads.
J.
The small wind energy system shall be set back a distance of 150%
of the tower height plus the blade length from any inhabited dwelling
on adjacent property, unless notarized consent of the adjacent property
owner is presented.
K.
The small wind energy system shall be set back a distance of 110%
of the height of the tower plus the blade length, from all adjacent
property lines.
L.
Small wind energy systems shall comply with all applicable requirements
of the Federal Aviation Administration (FAA).
M.
Small wind energy systems shall not be artificially lighted unless
required by the Federal Aviation Administration (FAA).
N.
No tower shall have any sign, writing or picture that may be construed
as advertising.
O.
Small wind energy system towers shall maintain a galvanized steel
finish, unless Federal Aviation Administration (FAA) standards require
otherwise.
P.
Small wind energy systems shall not exceed 60 dBA, as measured at
the closest property line, except during short-term emergencies such
as utility outages and/or severe windstorms.
Wind farms shall be subject to the following:
A.
The minimum site required shall be 10 acres.
B.
Each wind turbine shall be set back from the nearest inhabited dwelling,
school, hospital, church or public building a distance no less than
two times the total height of the tower plus the length of the turbine
blades or 1,000 feet, whichever is greater.
C.
Each wind turbine shall be set back from the nearest property line
a distance no less than 1.1 times the total height of the tower plus
the length of the turbine blades, unless easements are secured from
adjacent property owners.
D.
Each wind turbine shall be set back from the nearest public street
a distance no less than 1.1 times the height of the tower plus the
length of the turbine blades measured from the nearest right-of-way
of the public street.
E.
Each wind turbine shall be set back from the nearest aboveground
public electric power line or telephone line a distance not less than
1.1 times the total height of the tower plus the length of the turbine
blades measured from the existing power line or telephone line.
F.
The blade tip of any wind turbine shall have ground clearance at
its lowest point of no less than 75 feet.
G.
Wind turbines shall be painted a nonreflective, nonobtrusive color.
H.
Wind turbines shall not be artificially lighted, except to the extent
required by the Federal Aviation Administration (FAA) or other applicable
authority.
I.
Wind turbines shall not be used for displaying any advertising except
for the reasonable identification of the manufacturer or operator
of the wind farm.
J.
Electrical controls, control wiring and power lines shall be wireless
or not above ground, except where wind farm collector wiring is brought
together for connection to the transmission or distribution network,
adjacent to that network.
K.
The applicant shall minimize or mitigate any interference with electromagnetic
communications such as radio, television or telephone signals caused
by the wind farm.
L.
Audible noise due to wind farm operations shall not exceed 50 dBA
for any period of time when measured at any residence, school, hospital,
church or public building existing on the date of conditional use
approval of the wind farm.
M.
In the event that audible noise due to a wind farm operation contains
a steady pure tone, such as a whine, screech or hum, the above standards
for audible noise shall be reduced by five dBA.
N.
Appropriate warning signage shall be placed on wind farm towers,
electrical equipment and wind farm entrances.
O.
Wind turbine towers shall be equipped with anticlimbing devices for
a distance of 15 feet above the ground.
P.
All access doors to wind turbine towers and electrical equipment
shall be kept locked when the site is unattended.
Tank pads shall be subject to the following:
A.
In order to be granted approval for a tank pad site, the operator
shall obtain the following permits and meet the following requirements.
Three hard copies and one electronic copy must be provided as part
of the application:
(1)
A zoning permit and fee.
(2)
A grading permit and fee (where applicable).
(3)
A 911 address application and fee (where applicable).
(4)
A written narrative describing the operator's plans for
use of the site.
(5)
A timeline.
(6)
Site plans.
(7)
A travel route.
(8)
Road bonding and EMA information.
(9)
Site security.
(10)
Plans for compliance with light requirements and sound ordinance/decibel
requirements.
(11)
Plans to mitigate light and/or noise if a complaint is received
from a property owner.
(12)
Landowner agreement.
(13)
Emergency contact information.
(14)
PPC plan.
(15)
Tank certification (where applicable).
(16)
Any state- or county-issued permits (where applicable).
