Township of Jackson, PA Part 14 Conditional Uses

§ 27-1401 General provisions.

A. Applications for conditional uses, when listed as permissible by this chapter, shall be approved or denied by the Board of Supervisors in accordance with the standards and criteria of this Part 14.

B. Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, the Planning Commission shall conduct a review of the location, design, configuration, and potential impact of the proposed use by comparing the proposed use to established development standards and design guidelines. This review shall determine whether the proposed use addresses the specific standards identified in this Part 14 and whether it should be permitted, by weighing the public need for, and the benefit to be derived from, the use against the impact which it may cause.

§ 27-1402 Application and approval procedure.

A. Application procedure.

(1) An application for conditional use approval shall be filed with the Zoning Officer, on forms prescribed by the Township, by no later than 11:00 a.m., prevailing time, at least 21 days prior to the date of the regular meeting of the Planning Commission. A conditional use application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Township.

(2) The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Zoning Officer shall reject the application as administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.

(3) The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Planning Commission by no later than the Friday prior to the date of the regular meeting of the Planning Commission.

(4) Revised applications for conditional use approval shall be filed with the Zoning Officer by no later than 11:00 a.m., prevailing time, at least 21 days prior to the date of the Planning Commission or Board of Supervisors meeting in order to be considered at that meeting.

(5) The Planning Commission shall review the application and forward its recommendation to the Board of Supervisors.

(6) The Board of Supervisors shall hold a public hearing, pursuant to public notice, within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the date of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC.

(7) The Board of Supervisors shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, the Board of Supervisors decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

(8) In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the MPC.

(9) A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him not later than the day following its date.

(10) All development, construction and use shall be in accordance with the approved conditional use decision and plan, unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Board of Supervisors, and the conditions attached by the Board of Supervisors. Any development contrary to the approved conditional use decision and plan shall constitute a violation of this chapter.

B. Application content.

(1) All applications for conditional use approval shall demonstrate compliance with the general standards and criteria of this Part 14; the applicable express standards and criteria of this Part 14; and the applicable lot and yard requirements of the zoning district in which the use is proposed.

(2) All applications for conditional use approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Township, with no fewer than:

(a) Three full-scale copies and 15 half-scale copies of all required plans, maps and drawings.

(b) One electronic version/file of all plans, maps and drawings (excluding construction plans), in a Township-compatible format.

(c) Fifteen copies of all other application materials.

(d) An application for conditional use approval shall not be considered administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Zoning Officer.

(3) All applications for conditional use approval shall contain the following:

(a) A development plan, as defined by this chapter;

(b) A legal document verifying applicant's legal interest in the subject property (i.e., deed, sales agreement or lease);

(c) The application fee and/or deposit in an amount set from time to time by resolution of the Board of Supervisors;

(d) Construction plans, where renovations or modifications of an existing building are immediately contemplated, showing the scope, nature and extent of said renovation or modification; and

(e) Traffic access and impact study as specified in § 27-1512 of this chapter.

C. Expiration of approval. The grant of a conditional use shall expire two years after the date of the Board of Supervisors written decision unless the applicant has applied for and obtained a building permit and commenced construction; or, in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained a zoning use permit or a zoning occupancy permit, whichever is required first, and has commenced the use which is the subject of the conditional use approval. Expiration of the conditional use approval under this section shall require the applicant to reapply for conditional use approval.

D. General standards and criteria. Before approving a conditional use application, the Board of Supervisors shall determine that the proposed use complies with the following general standards and criteria, which are in addition to any other requirements in this chapter for a specific type of use or development:

(1) The proposed use will not alter the established character and use of the neighborhood or district in which it is located and will not substantially impair the use or development of adjacent properties.

(2) The establishment, maintenance, location and operation of the proposed use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(3) The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable federal, state, county, and Township laws, statutes, ordinances and regulations, including but not limited to the Township Subdivision and Land Development Ordinance (Chapter 22); the Township Stormwater Management Ordinance (Chapter 26, Part 1); and the Code of Jackson Township, Butler County, Pennsylvania.

(4) The proposed use is compatible with surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.

(5) The proposed site of the conditional use is suitable in terms of topography, soil conditions and size, based on number of projected users and the frequency of use of the proposed use.

(6) The proposed use and site provide for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe and efficient internal circulation and sufficient off-street parking and loading.

(7) The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater management, solid and toxic waste storage and disposal.

(8) The proposed use provides landscaping, screening and buffer areas sufficient to protect the use, enjoyment and development of adjacent properties.

§ 27-1403 Adult-oriented businesses.

A. The lot line of a property on which any adult-oriented business is located shall not be within 1,000 linear feet of any lot line for property which is zoned R Residential.

B. The lot line of a property on which any adult-oriented business is located shall not be within 1,000 linear feet of the lot line for property on which the following preexisting uses are located:

(1) School.

(2) Child day-care home.

(3) Day-care center.

(4) Hospital.

(5) Group home.

(6) Group care facility.

(7) Nursery school.

(8) Public park or playground.

(9) Church.

(10) Establishment licensed to serve or sell alcoholic beverages.

C. The lot line of a property on which an adult-oriented business is located shall not be within 1,000 linear feet of any other lot line of a property on which an existing or proposed adult-oriented business is located.

D. Persons or owners who intend to open an adult-oriented business must obtain from the Township a license to operate such an enterprise pursuant to the adult-oriented business regulations contained in Chapter 13, Part 2, and must pay to the Township an investigation fee, as may be set from time to time by resolution of the Board of Supervisors. In addition, such persons or owners must supply to the Township detailed information as to the ownership and financing as required pursuant to the adult-oriented business regulations contained in Chapter 13, Part 2.

E. An adult-oriented business shall be initially licensed, where it has met the requirements set forth in the adult-oriented business regulations contained in Chapter 13, Part 2, through December 31 of the year in which the license is issued. For each year thereafter that the adult-oriented business intends to continue as an adult-oriented business, it must seek from the Township a renewal of the license. The lack of a valid license at any time shall be proper basis for the Township to deny or revoke a zoning occupancy permit to an adult-oriented business.

F. Any adult-oriented business found to be in violation of this section, as amended, shall be subject to the enforcement penalties of both this chapter and in the adult-oriented business regulations contained in Chapter 13, Part 2.

§ 27-1404 Agricultural operations.

A. Storage of manure, odor or dust-producing substances shall be located at least 200 feet from any property line.

B. Any building used for the keeping, raising or feeding of livestock and poultry shall be located at least 100 feet from any street and from any adjacent landowner's well or dwelling and not less than 100 feet from the landowner's well or property line.

C. Commercial greenhouses are authorized as accessory uses to the agricultural operation, provided that commercial greenhouse heating plants shall be at least 100 feet from any property line and that the retail sales area for a greenhouse shall not exceed 1,200 square feet. (The growing area shall not be considered sales area.)

D. The minimum lot size for keeping livestock or farm animals shall be five acres. More than five large livestock animals, as defined by this chapter, shall require an additional 1/2 acre per animal.

E. All grazing and pasture areas shall be adequately fenced.

F. Retail sales of agricultural products, including garden nursery or greenhouse sales, shall be permitted accessory to a farm, subject to the following regulations.

G. All sales shall be conducted on the premises of a farm, as defined and regulated by this chapter.

H. Products sold shall include products raised, grown or produced on the farm.

I. All permanent structures shall comply with the yard requirements for principal structures in the R District.

J. Seasonal roadside stands shall be located no closer than 15 feet to any street right-of-way or property line and shall be removed at the end of each growing season.

K. Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of sales floor area for every 10 acres of land farmed. No building used for agricultural products shall exceed 5,000 square feet of sales area.

§ 27-1405 Bulk fuel storage.

A. All fuel storage structures shall be located a minimum of 100 feet from any property line.

B. The property on which fuel storage structures are located shall be capable of keeping the fuel on site in the event of a leak or structure collapse through the provision of a dike or concrete containment structure adequately sized to retain the fuel.

C. The perimeter of the property shall be fenced to prevent access by others, other than those associated with the facility.

D. All applicable county, state and federal permits shall be applied for prior to issuance of Township permits. Documentation of said applications shall be made a part of the conditional use application.

§ 27-1406 Cemeteries.

A. A minimum site of 10 acres shall be required, unless part of a worship site, in which case the minimum size shall be five acres.

B. A stormwater management plan shall be submitted with the application to show existing and proposed runoff characteristics.

C. Ingress, egress and internal circulation shall be designed to ensure safety and minimize impact on local streets. Said internal streets shall be paved with a minimum tar and chip surface. The applicant shall demonstrate that the granting of the proposed use shall not significantly increase traffic congestion on adjacent streets.

D. All property lines adjoining a residential use or residential zoning boundary shall be screened by Buffer Yard C as required by Part 19 of this chapter.

E. Parking for principal structures such as chapels or mausoleums shall be set back a minimum of 75 feet from any adjoining property line.

§ 27-1407 Commercial recreation facilities.

A. Commercial recreation facility uses are specifically limited to the following:

(1) Bowling alley.

(2) Golf course.

(3) Golf driving range.

(4) Miniature golf.

(5) Baseball/softball batting cages.

(6) Baseball/softball fields.

(7) Soccer fields.

(8) Football fields.

(9) Basketball courts.

(10) Street hockey rink.

(11) Ice hockey rink.

(12) Ice- or roller-skating rink.

(13) Gymnastics/tumbling center.

(14) Health and fitness facility.

(15) Swimming club and pool.

(16) Tennis club and courts.

(17) Racquet/handball club and courts.

(18) Indoor shooting range.

(19) Amusement establishment.

B. Commercial recreation facilities authorized in the R District shall be limited to golf courses and driving ranges.

C. Any such use shall comply with the requirements of the Subdivision and Land Development Ordinance (Chapter 22).

D. Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination at the property lot line. The maximum height of freestanding exterior lighting standards shall not exceed 20 feet.

E. No such use shall generate noise in excess of 75 dB(A) at the lot line between the hours of 10:00 p.m. and 7:00 a.m., prevailing time. For purposes of this section, this noise reduction shall be measured from any lot line of property owned by a person or entity other than the owner of the subject recreation facility. Further, outdoor speakers shall not be permitted if there are dwellings located within 500 feet of the subject property in any direction. If outdoor speakers are permitted, the volume and direction of the speakers shall be regulated to minimize impact on adjacent properties.

F. In addition to the requirements of the underlying zoning district in which the recreation facility is proposed to be located, a recreation facility shall also comply with the requirements of Part 15, Supplemental Regulations Applicable to All Districts; Part 17, Off-Street Parking and Loading; and Part 18, Signs.

G. The use shall have frontage on and direct vehicular access from an arterial or collector street, as classified by the Subdivision and Land Development Ordinance (Chapter 22).

H. All ingress and egress to and from the site shall be so situated as not to interfere with through traffic movements on adjacent streets.

I. Adequate sanitary facilities shall be provided that are available for public use.

J. The location of buildings and facilities, traffic circulation on the site and parking areas shall be designed to provide adequate access for emergency vehicles.

K. Any outdoor facility within 300 feet of an existing dwelling shall cease operations by no later than 10:00 p.m., prevailing time, unless an earlier time is established by the Board of Supervisors as part of its conditional use decision.

L. Any use which includes eating or drinking facilities shall be subject to the parking requirements of that use in addition to the parking requirements of the commercial recreation use.

M. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

N. Existing recreation facilities.

(1) Any recreation facility in existence in the Township prior to the effective date of this chapter may continue and shall not be required to comply with the requirements of §§ 27-1407 and 27-1430 to the extent of the scope and nature of the use existing as of that date. Any such facility may be expanded without having to obtain conditional use approval pursuant to either § 27-1407 or 27-1430, provided said expansion:

(a) Does not involve construction of any new or the expansion of any existing buildings exceeding 50% of the building lot coverage legally occupied as of the effective date of this chapter.

(b) Is on the same lot or lots as the existing recreation facility, as that lot or those lots existed as of the effective date of this chapter.

(c) Does not involve a change in the specific type of recreation facility (for example, a preexisting golf course cannot add or change to a street hockey rink).

(2) For purposes of this Subsection N, trap houses and shooting station sheds or similar structures shall not be considered buildings. Any expansion of a recreation facility not meeting the requirements of Subsection N(1)(a), (b) and (c) shall not be permitted unless the property owner applies for and obtains conditional use approval pursuant to § 27-1407 for a commercial recreation facility or § 27-1430 for a noncommercial recreation facility, whichever is applicable.

§ 27-1408 Communications towers and equipment buildings.

A. The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower and communications antenna, as applicable.

B. The applicant shall demonstrate that the proposed communications tower and communications antenna proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

C. A communications tower shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

D. Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antenna on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable buildings, structures or communications towers within a one-quarter-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such building, structure or communications tower apply:

(1) The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or communications tower, and its reinforcement cannot be accomplished at a reasonable cost.

(2) The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure or communications tower, and the interference cannot be prevented at a reasonable cost.

(3) Such existing building, structure or communications tower does not have adequate location, space, access or height to accommodate that proposed equipment or to allow it to perform its intended function.

(4) Addition of the proposed antenna and related equipment would result in electromagnetic radiation from such building, structure or communications tower exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(5) A commercially reasonable agreement could not be reached with the owners of such building, structure or communications tower.

E. Access shall be provided to the communications tower and communications equipment building in accordance with the standards of Part 6 of the Township Subdivision and Land Development Ordinance (Chapter 22); provided, however, an unmanned communications tower shall be provided with access from the right-of-way of a public street or private street, which is constructed and maintained to the requirements of § 22-602I of the Township Subdivision and Land Development Ordinance (Chapter 22), via an access road that is at least 12 feet in width and improved with nonimpervious surface material and otherwise of a design acceptable to the Township Engineer. Except as provided in this subsection, the standards, requirements and restrictions of Part 6 of the Subdivision and Land Development Ordinance (Chapter 22) shall apply regardless of whether or not the communications tower and/or communications equipment building is considered to constitute a subdivision or land development.

F. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function. For any proposed communications tower with a height in excess of 75 feet, the applicant shall deposit with the Township an engineering review deposit as may be deemed appropriate by the Township Engineer, which deposit shall be in addition to any other required application and/or engineering fees. This deposit shall be used by the Township to retain an independent, certified engineer knowledgeable in the field of communications towers to review the application and to express an opinion as to the minimum height necessary for the proposed communications tower to perform its function. In the event that the fees actually incurred for said engineering review exceed the amount of the deposit, the applicant shall tender payment of the balance owed. In the event that the fees actually incurred for said engineering review are less than the amount of the deposit, the balance shall be refunded and/or credited to the applicant.

G. The foundation and base of any communications tower shall be set back from any lot lines (including lease parcel lines), occupied buildings and public streets a distance equivalent to the height of the proposed communications tower.

H. The maximum height of any communications tower shall be 198 feet. Regardless of height, all communications towers shall remain subject to the setback requirements of Subsection G above.

I. There shall be a maximum of one communications tower per lot, regardless of lease lines.

J. The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

K. The communications equipment building shall comply with the yard, height and other requirements and restrictions applicable to a principal structure located in the same zoning district.

L. The applicant shall submit certification from a Pennsylvania registered professional engineer that any proposed communications tower will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of other Jackson Township ordinances.

M. The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and any communications antenna located thereon.

N. All guy wires associated with a guyed communications tower shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

O. The site of a communications tower shall be secured by a fence with a height of eight feet and containing only self-latching gates to limit accessibility by the general public.

P. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction.

Q. A communications tower shall be protected and maintained in accordance with applicable Township ordinances.

R. If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

S. Two off-street parking spaces shall be provided within the fenced area.

T. All communications tower structures shall be fitted with anti-climbing devices as recommended by the communications tower manufacturer for the type of installation proposed.

U. The lot on which the communications tower is located shall comply with the lot, yard and bulk requirements of the zoning district in which the lot is located and § 27-1603 of this chapter.

V. Communications towers shall obtain subdivision and land development plan approval from the Township as required by the Subdivision and Land Development Ordinance (Chapter 22); provided, however, separate subdivision and land development recorded plans shall not be required as long as the subdivision and land development are shown on a single recorded plan which complies with the requirements of the Subdivision and Land Development Ordinance (Chapter 22).

W. The installation of additional antennas on an existing communications tower shall not require conditional use approval, provided that the communications tower is structurally designed to hold the additional weight of the additional antennas.

§ 27-1409 Contractor's yards.

A. The contractor's yard (yard) shall front on a local or collector street and shall not be located directly across from a dwelling unit or units fronting the same street.

B. The contractor's yard shall be screened from the adjoining public street by Buffer Yard A as defined in Part 19 of this chapter, Chapter 22, Subdivision and Land Development and the Township Construction Standards. Any yard area exceeding 25,000 square feet in area shall be screened by Buffer Yard A where the yard is visible from a public street.

C. The yard shall be paved with a minimum of two inches of gravel or slag and maintained in a dust-free manner.

D. The yard shall be set back a minimum of 50 feet from any property bearing a single-family detached dwelling.

§ 27-1410 Correctional institutions.

A. All applicable county, state and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the conditional use application.

B. Parking facilities for staff and visitors shall be in accordance with Part 17.

C. All parking areas shall be screened from view from public or private streets.

D. Lighting shall be required throughout the property for safety purposes. Such lighting shall be oriented away from adjacent properties and shall not exceed two footcandles of illumination at the property boundary line.

E. All structures shall be a minimum of 150 feet from all property lines.

F. All lots shall have a minimum size of 10 acres.

G. Access shall be from the collector street only.

H. An evacuation plan shall be submitted for review and approval by the Township Emergency Management Coordinator.

§ 27-1411 Child care centers.

A. The facility shall be licensed by the Department of Human Services, or other appropriate state agency. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning occupancy permit for the use. Copies of this valid license shall also accompany the annual operating report to be filed with the responsible Police Department and Township Fire Departments.

B. A facility which provides child care shall provide a minimum area for indoor play at a ratio of 40 square feet per child. 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 fence with a self-latching gate.

C. A facility which provides child care shall provide a minimum area for outdoor play at a ratio of 65 square feet per child using the outdoor play area. Long, linear configurations shall be avoided to assure the functionality of the space as an outdoor play area. The outdoor play area shall also:

(1) Not be less than 20 feet in width at any point.

(2) Adjoin the building where the facility is located.

(3) Not be located less than 30 feet from any street right-of-way.

(4) Not be located less than 10 feet from any property line.

(5) Be completely enclosed by a safe, secure and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Board of Supervisors. Any outdoor play area potentially susceptible to encountering vehicles leaving a street, travel lanes or accessways shall be protected by a barrier capable of preventing the vehicle from entering the outdoor play area.

(6) Contain appropriate yielding surfaces underneath any permanent play equipment.

D. Outdoor play areas shall be set back a minimum of 40 feet from adjoining lot lines bearing a single-family detached dwelling.

E. The general safety of the property proposed for child care shall meet the needs of small children.

F. Safe vehicular access and areas for discharging and picking up facility attendees shall be provided.

G. Minimum lot size: one acre.

§ 27-1412 Flexible use developments.

A. Minimum site required: three acres per building, notwithstanding the minimum site area requirement within the Transitional Overlay.

B. Minimum site area within the Transitional Overlay: 15 acres.

C. Each individual building that exceeds 180,000 square feet in gross floor area shall be subject to the following standards:

(1) The building and all accessory structures, include parking lots, shall be set back from the following at the following minimum required distances:

(a) A minimum of 400 feet from the SR 19 right-of-way.

(b) A minimum of 125 feet from all other adjoining public streets, excepting the portions of said streets that adjoin or lie within lands zoned as R Residential, wherein a two-hundred-foot setback shall be required from said streets.

(c) Setbacks from internal streets shall be subject to the yard and setback requirements otherwise applicable within the CC Zoning District.

(2) Buffer Yard A as set forth in Part 19 of this chapter, Chapter 22 and the Township Construction Standards shall be installed and maintained within the front yard of any lot bearing the principal building where the building is visible from a public street that is not an internal street.

(3) Where parking lots that serve one or more principal use or uses within the building are not otherwise buffered by the visual barrier of a greater buffer yard, Buffer Yard C as set forth in Part 19 of this chapter and the Township Construction Standards shall be installed and maintained between all public streets except internal streets and the parking lot. As an accessory use, parking shall be located on the same lot as the principal building.

(4) Where the principal building and/or accessory structures are visible from a public street from points facing the side or rear yards, Buffer Yard A shall be installed and maintained in such a manner as to provide a visual barrier between the adjoining public street and the aforesaid structures.

D. All buildings on lots adjoining any residential zoning district shall be set back a minimum of 75 feet from the lot line adjoining the residential zoning district.

E. The perimeter property lines of the site which adjoin any residential use or residential zoning district boundary line shall be screened by Buffer Yard A as required by Part 19 of this chapter and the Township Construction Standards.

F. All outdoor lighting shall be shielded and/or reflected away from adjacent properties and shall not exceed illumination levels established in § 27-1513.F.

G. Materials and equipment may be stored in an outdoor storage area, provided that the storage area complies with the following requirements:

(1) The storage area shall be located adjacent to a building. The size of the storage area shall be limited to 25% of the gross floor area of the ground floor of the building to which it is connected or 20,000 square feet, whichever is smaller. Designated off-street parking areas shall not be used for outdoor storage.

(2) Any outdoor storage area shall be buffered by a ten-foot-high fence (with a minimum of 10% solid material), wall, earthen mounds or existing topography to assure that it cannot be seen from adjacent streets and adjacent properties and has no material adverse effect on adjacent properties. The exterior appearance of any fence or wall shall be constructed of a material that complements the exterior facade of the adjacent building. The exterior of any fence or wall shall be further screened by Buffer Yard A as defined by Part 19 of this chapter, Chapter 22, Subdivision and Land Development and the Township Construction Standards.

(3) No storage trailer or storage container shall be located on the subject property for more than 10 consecutive calendar days.

(4) The storage area shall otherwise comply with the requirements of § 27-1432, related to outdoor storage.

H. No outdoor storage of toxic, corrosive, flammable, carcinogenic and/or explosive materials is permitted, with the exception of fuels used for the operation of the business on the subject property. Any outdoor storage of such fuels shall comply with all applicable federal, state, county and Township laws, statutes, ordinances, resolutions and regulations. The indoor storage of toxic, corrosive, flammable, carcinogenic and/or explosive materials shall comply with all applicable federal, state, county and Township laws, statutes, ordinances, resolutions and regulations, including but not limited to the Township Construction Code (Chapter 5, Part 1).

I. Hours of operation and activities must be appropriately scheduled to protect adjacent properties from unreasonable noise, dust, odor, vibration, light or other disturbance or interruption.

J. In an effort to encourage high-quality development compatible with the vision of the CC District, flexible use development shall be provided as incentive conditional uses in the CC District, provided the following criteria are met:

(1) Building facades shall utilize finished materials that incorporate architectural design elements to create continuity with adjacent buildings on the site.

(2) Building facades that are viewable from a public street shall consist of a combination (minimum of two) of horizontal and vertical breaks, including, but not limited to, the following:

(a) A vertical architectural element.

(b) Building recesses, offsets or projections.

(c) Texture and/or material change.

(d) Architectural banding.

(e) Variation in roofline.

(f) Contrasting window framing or shutters.

(g) Awnings.

(h) Canopies or porticos.

(i) Overhangs.

(j) Arcades.

(k) Peeked roof forms.

(l) Arches.

(m) Architectural details such as tile work and molding integrated into the building structure and design.

(n) Equal or similar design feature.

(3) Building facades that are viewable from a public street shall utilize natural building materials such as brick, stone, glass, wood and similar materials.

(4) Building facades that are viewable from a public street shall have an articulated break at least every 30 feet, measured horizontally.

(5) Mechanical equipment designed to be located on the roof of a structure must be screened with typical building materials approved by the Zoning Officer.

K. Loading facilities shall not be visible from a public street or an adjacent residential dwelling. The location and orientation of loading areas shall be coordinated to minimize conflicts of vehicular and pedestrian circulation.

L. The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete or stone block paving material to protect adjacent properties from appropriate dust and other disturbances.

M. An interior circulation plan shall be designed and approved so that no truck or truck and trailer combination must maneuver off site in order to park, load or unload.

N. The location of buildings and facilities, traffic circulation and parking areas on the site shall be designed to provide adequate access for emergency vehicles.

O. The site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

P. The site shall have access directly to an arterial street as classified by the Subdivision and Land Development Ordinance (Chapter 22) or shall access to an arterial street through a continuous network of streets constructed or improved to meet the dimensional and material specifications applied to a commercial street in the Township Construction Standards.

Q. Ingress, egress and traffic circulation on the site shall be designed to ensure safety and minimal congestion and impact on all adjacent streets.

R. All ingress and egress to and from the site shall be so situated as not to interfere with through traffic movements on adjacent streets.

S. A traffic access and impact study as specified in § 27-1512 of this chapter shall be submitted by the applicant demonstrating that the existing and/or proposed street systems can accommodate increased traffic from the proposed development. Such study shall be prepared in accordance with the provisions of the Subdivision and Land Development Ordinance (Chapter 22).

T. Lighting. Lighting within parking areas or compounds primarily used for employee parking or storage shall not exceed one footcandle three feet above the surface of the ground.

§ 27-1413 Garages or lots, public.

A. Access to the lot shall be limited to one point on an arterial street as defined by Chapter 22, Subdivision and Land Development, or may bear secondary or primary access on a collector street as defined in the Subdivision and Land Development Ordinance, provided that said street comprises the second street of a corner lot bearing the public garage or lot or subdivision that bears frontage on an arterial street.

B. Bus depots and bus circulation shall be conducted in designated areas that promote maximum safety for riders, pedestrians, and the motoring public and shall not occur within the adjoining street right-of-way.

C. All structures, driveways, and parking lots shall be set back a minimum of 50 feet from any adjoining property line of a lot zoned R Residential.

§ 27-1414 Greenhouses.

A. Minimum lot size: two acres.

B. Parking shall be required as required by Part 17 of this chapter and shall meet the dimensional and design standards of Chapter 22, Subdivision and Land Development.

C. Parking may be paved with a minimum of two inches of gravel or slag and shall be set back a minimum of 50 feet from any property line.

D. All principal and accessory structures shall be placed a minimum of 75 feet from all property lines.

E. Commercial greenhouse heating plants shall be at least 100 feet from any property line. The retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.

§ 27-1415 Group care facilities.

A. The appropriate area, bulk and height regulations for the applicable residential district or commercial district must be met.

B. Maximum lot coverage shall be 35%.

C. Maximum impervious surface coverage shall be 65%.

D. Minimum lot area in the R District shall be one acre.

E. In the R District, no personal care center shall be spaced closer than 800 feet from any other personal care center. Said distance of 800 feet shall be measured by imposing a circular area of an accurate plan by locating a point on the center of the subject building and by extending a radius of 800 feet from said center point. Any other building occupied or used as a personal care center and located totally or partially within said circular space shall be cause for rejection of the application for conditional use.

F. Prior to approval of any application for establishment or operation of any personal care center, the applicant shall provide proof satisfactory to the Board that the applicant either has acquired, or will be able to acquire, all appropriate licenses and permits from the Pennsylvania Department of Public Welfare, prior to the issuance of a building permit by the Township. No building or other structure shall be occupied as, or used as, a personal care center until a Township certificate of occupancy is issued.

G. An evacuation plan shall be submitted for review and approval by the Township Emergency Management Coordinator.

H. Landscaping shall be installed and maintained in accordance with Part 19 of this chapter, Chapter 22, Subdivision and Land Development and the Township Construction Standards.

§ 27-1416 Group homes.

A. The dwelling unit shall have one primary means of ingress/egress, a single outside mailbox, single utility connections (except for telephone, computer and cable service), and common eating and cooking areas.

B. The use shall not require alteration to the exterior structure except where otherwise permitted for single-family residential dwellings or where required under relevant health and safety codes.

C. The number of unrelated disabled persons shall not exceed an average of one per bedroom. The following persons shall not be included in determining the average number of persons per bedroom in the group home: persons with a permanent personal relationship choosing to share a bedroom with a disabled resident of the group home, and parents or legal guardians of a resident of the group home who choose to live in said home. Further, the use shall not require substantial alterations to the interior of the structure for the purpose of creating additional bedrooms.

D. At least one off-street parking space shall be provided for every three employees on duty.

E. Any office located in the dwelling unit shall be limited to only on-site program use.

F. In order to prevent the clustering of group homes in a neighborhood and to promote integrating the group homes into the community, no group home may be located within 1,500 feet of another group home.

G. The operator of the group home shall obtain the required licenses and approvals from the appropriate commonwealth agencies prior to approval of the conditional use application and/or zoning occupancy permit.

H. The group home facility shall provide an operating plan to the Township. The operating plan shall include, but not be limited to, the following information:

(1) A complete description of the facilities, its clients, staff and operating structure, its proposed operating conditions and the terms and conditions of any state license required for its operation.

(2) A statement regarding how the proposed facility furthers the purposes and guidelines of the Township Comprehensive Plan.

(3) A financial statement and staffing plan for the proposed facility, including but not limited to the manner and method by which clients are referred to, accepted to and/or ordered to take up residence at the facility.

(4) The name and address and telephone number of each funding, licensing or operating entity involved in the home's operation.

(5) Copies of any state, county or Township business/operating licenses.

I. The operator of the group home shall provide to the Board of Supervisors, Township Police Department, Volunteer Fire Company and Township Emergency Management Coordinator a floor plan, drawn to scale, clearly delineating all rooms or sleeping areas assigned to physically handicapped individuals, all points of ingress and egress to the facility and an interior circulation plan indicating the flow of traffic on the site and primary point or points of vehicular access.

J. A change in ownership or operators of the group home or a change in basic operating procedures, or general service provisions or the conditions of approval, shall constitute a new use requiring conditional use approval as outlined in this Part 14.

K. Construction shall be consistent with the current Township Construction Code (Chapter 5, Part 1), as amended from time to time.

L. Reasonable accommodations. Pursuant to the Fair Housing Act Amendments (FHAA), the Township must provide fair access to housing to persons with disabilities and all other persons protected by the FHAA, including providing reasonable accommodations in the application of its zoning laws. As a result, the following procedures are set forth in order to provide such reasonable accommodations. The provisions of this subsection shall not apply to commercial activities or zones.

(1) In its application for conditional use, an applicant may request a modification of a requirement of this Part 14.

(2) The applicant has the burden to prove that the requested accommodation is necessary.

(3) The Board of Supervisors may deny the requested accommodation if the Township or other objecting party proves that the requested accommodation is unreasonable.

(4) In determining whether the requested accommodation is unreasonable, the Board of Supervisors may consider multiple factors, including whether the requested accommodation would:

(a) Fundamentally alter the nature of this chapter, neighborhood, or Township zoning procedures.

(b) Undermine the legitimate purposes and effects of existing Township zoning regulations.

(c) Impose undue financial and administrative burdens on the Township.

(5) Any modifications to Township building and property maintenance regulations or any other Township regulations shall provide, at a minimum, the same level of safety required by such regulations.

§ 27-1417 Group residential facilities.

A. The number of residents shall be limited to no more than 10 persons.

B. On-site parking facilities shall be provided at the ratio of one stall for every two full-time staff members and an additional stall for every two non-staff residents who are eligible and are permitted by the sponsor to operate a motor vehicle.

C. Such facilities shall be located no less than 2,500 feet from any other group residential facility, assisted living facility or group home.

D. Where applicable, a license or certification shall be obtained from the Commonwealth of Pennsylvania prior to the issuance of a certificate of occupancy. In the event that an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the Board of Supervisors that the proposal satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.

E. The operator of the group residential facility shall provide to the Board of Supervisors, Township Police Department, Volunteer Fire Company and Township Emergency Management Coordinator a floor plan, drawn to scale, clearly delineating all rooms or sleeping areas, all points of ingress and egress to the facility and the interior circulation plan indicating the flow of traffic on the site and primary point or points of vehicular access.

F. A change in ownership or operators of the group residential facility or a change in basic operating procedures or general service provisions or conditions of approval shall constitute a new use requiring conditional use approval as outlined in this Part 15.

G. Construction shall be consistent with the current Township Construction Code (Chapter 5, Part 1), as amended from time to time.

§ 27-1418 Heavy equipment sales and rental.

A. Service of equipment, tools, and appliances shall occur within a completely enclosed building.

B. No display or storage of rental merchandise may occur within required setbacks of the district.

C. An outdoor display area for the visible display of merchandise intended for viewing by the motoring public is authorized to occupy an area of up to 25,000 square feet.

D. Access driveways serving the establishment and the outdoor storage and display areas installed shall be paved with a minimum of two inches of slag or stone.

E. The outdoor storage of rental merchandise, excluding the display area, shall be screened by Buffer Yard B in accordance with Part 19, Screening and Landscaping, Chapter 22, Subdivision and Land Development and the Township Construction Standards.

§ 27-1419 Hotels and motels.

A. The minimum site required shall be two acres.

B. The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by the Subdivision and Land Development Ordinance (Chapter 22).

C. Ingress, egress and traffic circulation on the site shall be designed to ensure safety and minimal congestion and the impact on local streets.

D. The operator of the facility shall provide to the Board of Supervisors, Township Police Department, Volunteer Fire Company and Township Emergency Management Coordinator a floor plan, drawn to scale, clearly delineating all rooms or sleeping areas assigned, all points of ingress and egress to the facility and an interior circulation plan indicating the flow of traffic on the site and primary point or points of vehicular access.

E. Site lighting, if proposed, shall be shielded and reflected away from adjacent residential properties and public or private streets.

F. As part of the conditional use application process, the facility shall be inspected by the Township Zoning Officer and Fire Marshal (or agent thereof) to evaluate egress, fire hazard potential, fire escape provisions and fire escape routes for the guests. Each guest room and each hallway of the facility shall be equipped with a smoke detector and fire alarm device. No certificate of occupancy for the facility shall be issued until the respective officers have given approval of the fire provisions and fire warning devices. Each room shall also be posted with a fire excavation route.

§ 27-1420 Junkyards.

A. The minimum site area required shall be 10 acres.

B. The operation of automotive recycling activities shall comply with current Township regulations governing the establishment, operation and licensing of junkyards in the Township.

C. The applicant shall demonstrate that the junkyard shall not create a nuisance or health hazard to adjacent properties.

D. The applicant shall demonstrate compliance with the yard clearance and screening requirements of the Township junkyard regulations contained in Chapter 13, Part 3.

E. All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height of more than six feet.

F. No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be attended and controlled at all times.

§ 27-1421 Kennels.

A. The minimum lot area for a kennel in the R District shall be five acres.

B. Kennels shall be located within a completely enclosed building and soundproofed to reduce noise impacts on adjacent properties.

C. Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be maintained in a safe condition, and shall be secured by a fence with a self-latching gate.

D. Outdoor runs, pens, coops and similar facilities shall be located at least 300 feet from any occupied dwelling on adjoining property and shall be screened from adjoining lots by Buffer Yard C as set forth in Part 19 of this chapter, Chapter 22, Subdivision and Land Development and the Township Construction Standards.

§ 27-1422 Landscaping supply centers.

A. Within the C District, parking shall be required as required by Part 17 of this chapter and shall meet the dimensional and design standards of Chapter 22, Subdivision and Land Development.

B. While supplies may be stored outside of a completely enclosed building, all equipment shall be stored within a completely enclosed building.

§ 27-1423 Large-scale retail or service.

A. Minimum site acreage: five acres.

B. Maximum impervious coverage: 70%.

C. Access points shall be from an arterial street. Notwithstanding the requirement to access an arterial street, large-scale retail or service may also access a collector street. The establishment may also access a collector street or streets, based on the provision of a contribution as per the standards of § 27-1515, Incentive Zoning. The developer shall perform a study in accordance with § 22-406, Traffic access and impact studies, approved by the Township Manager and may access the collector street as secondary access upon providing improvements or a contribution for trips projected by the study to access said street.

D. Access to the retail center shall be limited to one point of ingress and/or egress every 500 feet along the same arterial street. Notwithstanding the remaining standards authorizing the access to a collector street, no more than one such access shall be authorized on any one collector street.

§ 27-1424 Medical clinics.

A. The facility shall have access directly from a collector or arterial street as classified by the Subdivision and Land Development Ordinance (Chapter 22).

B. Parking shall be provided at the rate of one space for each 200 square feet of floor area, and parking areas shall not be located between the front wall of the building and the street right-of-way line.

C. The facility and use shall be licensed by the appropriate departments and/or agencies of the Commonwealth of Pennsylvania. Said valid license and all appropriate documentation shall be submitted to the Township.

D. The facility and use shall be conducted in a manner that does not violate any provisions of this chapter or any other federal, state, county or Township statute, law, regulations, ordinance and/or resolution. The facility should have similar architectural features and incorporate similar materials as that of residential structures in the zoning districts where permitted.

E. The facility and use shall be staffed during all hours of operation by personnel licensed by the Pennsylvania Department of Health.

F. The applicant shall provide a community impact analysis consisting of the following information:

(1) Hours of operation.

(2) Patient treatment capacity.

(3) Average daily patient visits.

(4) Average number of daily vehicle trips estimated to be generated by the facility, with peak-hour vehicle trip ends identified.

(5) Any and all public transportation connections that may serve the facility.

(6) Estimated level of emergency (police, fire, ambulance, etc.) calls on a monthly basis generated by the facility.

(7) Documentation concerning all personnel, licensed by the Pennsylvania Department of Health. Any change in this information to any such approved use shall be reported to the Township within 30 days.

(8) Any and all security measures to be instituted within the facility.

(9) Any and all security measures to be instituted on the lot or parcel.

G. Side and rear buffer yards shall be maintained in accordance with Buffer Yard A as required by Part 21.

H. A traffic access and impact study as specified in § 27-1512 of this chapter shall be required.

§ 27-1425 Mineral extraction.

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 (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 (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 or private building, school, church, community or institutional building, commercial building, public park or private recreational area.

E. No mineral removal shall be conducted within 100 feet of the outside street right-of-way line of any public or private street, except where access roads or haulage roads join the street 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 the law.

F. No mineral removal shall be conducted which will adversely affect any publicly owned park or place included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

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 action will not adversely affect any of the following:

(1) Lawful existing or permitted use of adjacent properties.

(2) The quality or adequacy of any public or private water supply source.

(3) Any flood-prone or landslide-prone areas within the Township.

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, seismographs shall be placed on the site of the operation as required by the Pennsylvania Department of Environmental Protection 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 as part of a traffic access and impact study as specified in § 27-1512 of this chapter and performed in compliance with the provisions of the Subdivision and Land Development Ordinance (Chapter 22). The applicant shall show evidence of compliance with designated weight limits on state, county and Township streets and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Township. The designated hauling route shall be subject to approval by the Township. In order to exceed the Township's street and/or bridge weight limits, the applicant must provide financial security for the streets and/or bridges included in the designated hauling route and execute a road maintenance agreement, as required by § 15-304 of Chapter 15, Motor Vehicles and Traffic, of the Code of Jackson Township, Butler County, Pennsylvania, as amended.

N. The operator shall post a bond in favor of the Township and in a form and amount acceptable to the Township prior to beginning operations to guarantee restoration of Township streets which 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 operation. Any suspension or revocation of the required state or federal permits shall constitute a violation 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.

§ 27-1426 Minor equipment and automotive repairs in R District.

A. The lot shall be a minimum of five acres and shall be located on an arterial or collector street as defined by Chapter 22, Subdivision and Land Development.

B. All principal and accessory structures related to the establishment shall occur no closer than 75 feet from all lot lines.

C. All repair activities and storage of equipment, vehicles, and materials shall occur within a completely enclosed building, except that up to three vehicles may be stored within the parking area on separate dedicated spaces where such is stored for a period not exceeding 48 hours.

D. No more than two employees in addition to the business owner and individuals residing within a single-family detached dwelling on the same lot shall be permitted to work at the establishment at any one time.

§ 27-1427 Municipal waste landfills.

A. A current Pennsylvania Department of Environmental Protection permit to operate such facility shall be secured, and all requirements of said permit shall be adhered to in addition to the standards enumerated herein.

B. Landfills shall be located on sites with a minimum of 100 acres in land area.

C. All landfill disposal areas shall be set back a minimum of 100 feet from all public or private roads.

D. All landfill disposal areas shall be set back a minimum of 300 feet from an existing dwelling, school or church.

E. The landfill disposal area shall be screened from public view by dense foliage, topography or fencing. In addition, a security fence, a minimum of six feet in height, shall be erected around the perimeter of the site and maintained in good condition.

F. A traffic access and impact study as specified in § 27-1512 of this chapter shall be submitted to determine the adequacy of the road network and the structural condition of the streets serving the landfill for the traffic to be generated by the landfill.

G. Access to the landfill shall not be through any residential subdivision or development and shall be from a collector or arterial street as defined in the Subdivision and Land Development Ordinance (Chapter 22).

H. The operator of any municipal waste landfill shall enter into a host municipality agreement with the Township. Compliance with the host municipality agreement shall be a condition of the conditional use permit for a municipal waste landfill.

§ 27-1428 Natural Gas Compressor Station/Natural Gas Processing Plant.

A. Natural Gas Compressor Station or Natural Gas Processing Plant shall meet the location restrictions established by the Commonwealth, its regulatory agencies and found in those Environmental Acts.

B. No Natural Gas Compressor Station or Natural Gas Processing Plant shall be located closer than 1,000 feet from any dwelling, occupied structure, library, school, place of worship, or recreation use areas on adjoining properties unless a written waiver is submitted by the owner of such structures or properties.

C. A Natural Gas Compressor Station or Natural Gas Processing Plant shall only be permitted to be located on property that is a minimum of ten (10) acres or larger. Multiple properties may be combined to meet the ten (10) acre minimum.

D. 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.

E. First Responders shall have on-site orientation and be provided with adequate awareness information. Upon request from the Township, Applicant will, prior to operations, make available at its sole cost and expense, an approximate site orientation for First Responders. Such site orientation shall be made available at least annually during the period when the Applicant anticipates operations in the Township.

F. Noise standards for Natural Gas Compressor Stations and Natural Gas Processing Plant shall comply with the standards set forth in Performance Standards in § 27-1513.J. In the event that an Applicant is unable to meet the aforementioned requirements the Applicant may either:

(1) Utilize appropriate noise mitigation measures that may include sound barriers or such technology or devices that will allow the Applicant to meet said noise requirements; or

(2) Obtain a release waiver of said noise requirements from the owners/renters of those properties which would be affected by noise conditions in excess of that allowed.

G. The applicant shall take the necessary safeguards to ensure that the paved Township roads utilized shall remain free of dirt, mud, and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud, and/or debris occur.

H. Applicant shall take necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associate with development, Applicant will provide flag persons or other alternative and approved safety mechanisms to ensure the safety of children at or near schools or school bus stops and include adequate sign and/or warning measure for truck traffic and vehicular traffic. Applicant will coordinate its efforts with affected school districts to as to minimize heavy truck traffic during the hours school busses are pick up or dropping off children.

I. A copy of Highway Occupancy Permits and other permits already obtained at the time of the application submission. If no such permit has been obtained, the Applicant shall provide a copy of its application for the HOP and with an approved permit when obtained. A driveway permit shall be required if the entrance to the site is on a Township road.

J. The access driveway off the public road to the Natural Gas Compressor Station or Natural Gas Processing Plant site shall be gated at the entrance to prevent illegal access.

K. Fencing of at least six (6) feet in height shall be installed around all Natural Gas Compressor Stations and natural Gas Processing Plants.

L. Site lighting shall be directed downward and inward toward the Natural Gas Compressor Station or Natural Gas Processing Plant so as to minimize glare on public roads and adjacent building and properties.

§ 27-1429 Nightclubs.

A. A traffic access and impact study as specified in § 27-1512 of this chapter shall be required.

B. The nightclub operations shall cease between the hours of 2:00 a.m. and 7:00 a.m., prevailing time (unless more restrictive nonoperating hours are established by the Board of Supervisors in its conditional use decision), and the establishment shall not be open to the public during those hours.

C. The owner and operator of the facility shall provide private security at a ratio of one private security guard for every 25 guests, unless another ratio is established by the Board of Supervisors in its conditional use decision.

D. All nightclub operations shall be conducted within an enclosed building, and all doors and windows shall remain closed during the hours that the nightclub is open for operation.

E. The facility entrances and exits (excluding emergency exits) which face adjacent residential dwellings and/or residential zoned properties shall have a vestibule with a second door to minimize noise impacts to adjacent residential dwellings and properties.

F. No nightclub shall be permitted within 500 feet of an adult-oriented business and/or another nightclub, as measured from lot line to lot line.

G. The nightclub operations shall not cause or create a nuisance, including, but not limited to, excessive noise levels.

H. The owner and operator shall provide the Township, the Police Department and the Township Volunteer Fire Department with a floor plan of the facility, drawn to scale, and which clearly delineates all rooms and improvements, all points of ingress and egress within the facility, and all emergency exits and an interior circulation plan indicating the flow of traffic on the site and primary point or points of vehicular access.

§ 27-1430 Noncommercial recreation facilities.

A. Noncommercial recreation facility uses are specifically limited to the following:

(1) Baseball/softball fields.

(2) Soccer fields.

(3) Football fields.

(4) Basketball courts.

(5) Tennis courts.

(6) Hiking and bicycle trails.

B. Accessory uses to the noncommercial recreation facility are specifically limited to the following:

(1) Restrooms.

(2) Concession stand limited to a maximum gross floor area of 500 square feet. See Subsection C below.

(3) Fences.

(4) Safety/security lighting. See Subsection F below.

(5) Off-street parking areas.

(6) Trash collection facilities.

C. The use shall not include any retail sales and service establishment, except for the sale of food and beverages from an enclosed concession stand that has a maximum gross floor area of 500 square feet.

D. The use shall not include any permanent spectator seats or bleachers.

E. The use shall comply with the requirements of the Subdivision and Land Development Ordinance (Chapter 22).

F. The use shall not include outdoor lighting, except for safety/security lighting which shall be a maximum of 1/2 footcandle measured at three feet above ground level and shall not spill over onto adjacent properties. The maximum height of freestanding exterior safety/security lighting standards shall not exceed 20 feet.

G. The use shall not include outdoor speakers.

H. The use shall not generate noise in excess of 75 dB(A) at the lot line between the hours of 10:00 p.m. and 7:00 a.m., prevailing time. For purposes of this section, this noise reduction shall be measured from any lot line of property owned by a person or entity other than the owner of the subject recreation facility.

I. In addition to the requirements of the underlying zoning district in which the recreation facility is proposed to be located, a recreation facility shall also comply with the requirements of Part 15, Supplemental Regulations Applicable to All Districts; Part 18, Off-Street Parking and Loading; and Part 18, Signs.

J. The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

K. Existing recreation facilities.

(1) Any recreation facility in existence in the Township prior to the effective date of this chapter may continue and shall not be required to comply with the requirements of §§ 27-1407 and 27-1430 to the extent of the scope and nature of the use existing as of that date. Any such facility may be expanded without having to obtain conditional use approval pursuant to either § 27-1407 or 27-1430, provided said expansion:

(a) Does not involve construction of any new or the expansion of any existing buildings exceeding 50% of the building lot coverage legally occupied as of the effective date of this chapter;

(b) Is on the same lot or lots as the existing recreation facility, as that lot or those lots existed as of the effective date of this chapter; and

(c) Does not involve a change in the specific type of recreation facility (for example, a preexisting golf course cannot add or change to a street hockey rink).

(2) For purposes of this Subsection K, trap houses and shooting station sheds or similar structures shall not be considered buildings. Any expansion of a recreation facility not meeting the requirements of Subsection K(1)(a), (b) and (c) shall not be permitted unless the property owner applies for and obtains conditional use approval pursuant to § 27-1407 for a commercial recreational facility or § 27-1430 for a noncommercial recreation facility, whichever is applicable.

§ 27-1431 Office Parks.

A. Minimum site area; two acres.

B. The principal building or buildings shall be set back a minimum of 40 feet from all property lines.

C. Buffer yards in accordance with Part 21.

D. Maximum impervious surface coverage: 65%.

E. Maximum floor area ratio: 0.25 square feet.

F. Access points shall be from an arterial street. Notwithstanding the requirement to access an arterial street, Office Parks may also access a collector street. The establishment may also access a collector street or streets, based on the provision of a contribution as per the standards of §§ 27-1515, Incentive Zoning. The developer shall perform a study in accordance with 22-406, Traffic access and impact studies, approved by the Township and may access the collector street as secondary access upon providing improvements or a contribution for trips projected by the study to access said street.

§ 27-1432 Outdoor storage.

A. Any article or material authorized to be stored outside an enclosed structure shall be buffered by six-foot-high opaque fencing, planting, earthen mounds or existing topography to assure that it cannot be seen from adjoining public streets or adjacent residential uses or residentially zoned properties and to assure no adverse effect on adjacent properties.

B. No outdoor storage shall be permitted in the required yard and setback areas.

C. Toxic or volatile chemicals shall not be stored outside an enclosed structure.

D. All organic rubbish or waste materials shall be stored in airtight vermin-proof containers.

E. Outdoor storage shall not include operable and/or inoperable vehicles, including but not limited to automobiles, buses, motorcycles and similar machines.

F. Outdoor storage shall not be visible from the primary entrance of any commercial use.

G. Access driveways to outdoor storage shall be paved with a minimum of two inches of slag or stone.

H. The owner/operator of the facility shall utilize best management practices (BMPs) to minimize nonpoint pollution from the activity as required by Chapter 26, Part 1, Stormwater Management, of the Code of Jackson Township, Butler County, Pennsylvania, as amended. The applicant shall submit a report describing the BMPs that they will use on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to BMPs used on the site, the owner/operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

§ 27-1433 Planned shopping centers.

A. The minimum site required shall be 1.5 acres.

B. The site shall have frontage on and direct vehicular access to an arterial, primary collector, or commercial service street, as defined by this chapter.

C. Lots within the Planned Shopping Center shall not be recorded for sale until the completion of improvements and amenities for each respective phase of the center until required financial security is posted or the improvements or amenities are completed in accordance with Chapter 22, Subdivsion and Land Development.

D. Access drives may serve lots that are subdivided within an approved shopping center, provided the shopping center site has frontage on a public street. The lot area of outparcels created within the shopping center shall meet the minimum lot area requirements of the zoning district. Subdivisions along building walls within the shopping center shall not be required to meet minimum lot area, lot width or yard requirements, provided the shopping center site complies.

E. The developer shall submit a pedestrian connectivity plan that demonstrates compliance with Chapter 22, Subdivision and Land Development, and safe connections between individual establishments, outparcels, and parking areas. At a minimum, sidewalks shall be installed in front of all establishments bearing party walls.

F. The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized, where feasible, and cross-easements shall be dedicated for common access, where necessary, and in accordance with the Township Construction Standards.

G. The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

§ 27-1434 Recreational farms.

A. Minimum acreage required: 20 acres.

B. Activities shall not occur within 75 feet of any lot line.

C. Adequate parking shall be provided as per Part 17 of this chapter and shall be located at least 100 feet from property lines.

§ 27-1435 Recreational vehicle campgrounds.

A. The provisions of the Township Subdivision and Land Development Ordinance (Chapter 22) shall be adhered to for the development and operation of this use.

B. The minimum size of a parcel shall be 20 acres.

C. Individual campsites for a recreational vehicle or trailer shall be a minimum of 3,000 square feet in area.

D. Only one recreational vehicle or trailer shall be permitted per individual pad or campsite.

E. No individual campsite shall be placed closer than 100 feet to any property line or street right-of-way.

F. No individual campsite shall be occupied or used overnight for more than 215 days in a calendar year of 12 months.

G. The operator or owner of the recreational vehicle campground shall provide the Jackson Township Zoning Officer with written documentation of each campsite's occupancy or use during the previous twelve-month period on an annual basis. Failure to provide such information shall subject the operator or owner to all enforcement provisions of this chapter.

§ 27-1436 Recycling centers.

A. Minimum lot size: two acres.

B. Adequate provisions shall be made to contain all poisonous or obnoxious odors or fumes.

C. All associated equipment shall be stored in a completely enclosed building.

D. Notwithstanding the requirements of Subsection B, exterior recycling and composting facilities shall be set back a minimum of 50 feet from all lot lines and 100 feet from any lot line adjoining the R District.

§ 27-1437 Schools.

A. The school shall be the only occupant of the property.

B. The school shall be accredited by the Commonwealth of Pennsylvania.

C. Parking areas shall be screened from adjacent residential properties.

D. Access drives shall be from local streets, if possible.

E. Access drives shall be located so as to provide the maximum sight distance possible.

F. Illumination level shall be consistent with the provisions of § 27-1513 and applicable Township ordinances.

G. All exterior recreation areas shall be fenced.

H. Minimum acreage shall be 10 acres.

I. All buildings, fields, and activities shall be set back a minimum of 75 feet from property lines adjoining a lot bearing a single-family detached dwelling.

§ 27-1438 Self-storage units.

A. A minimum site area of three acres is required.

B. All storage unit structures shall be set back a minimum of 75 feet from the front lot line along street(s) existing at the time of preliminary land development approval of said units.

C. The property shall be gated with controlled customer access.

D. Exterior storage shall be limited to an area enclosed by an opaque fence of at least six feet in height. The area shall be paved with bituminous or concrete material and shall not exceed 20% of the impervious surface associated with the self-storage units.

E. Lighting shall meet the standards applied to parking lots set forth in § 27-1704.H.

F. The site on which the premises are located shall bear frontage on an arterial road.

G. No principal use of a commercial or industrial nature other than self-storage shall occupy the premises.

H. The maximum size of each individual storage unit shall be 800 square feet.

I. All one-way driveways shall have a minimum of one ten-foot parking lane plus one fifteen-foot travel lane. All two-way driveways shall provide a minimum of one ten-foot parking lane plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.

J. Within the TO Transitional Overlay District and the Mixed Use District, self-storage units shall be approved only as a phase of a preliminary land development bearing other authorized principal uses or tentative planned residential development, where the premises or phases bearing self-storage units shall not exceed 20% of the site area of the land development or planned residential development.

§ 27-1439 Small-scale retail or service.

Notwithstanding the authorization of other uses expressly authorized in this Chapter, portions of lots or parcels within the TO District may be used and buildings or structures may be erected and used for any of the following purposes, subject to the approval of a conditional use application and general standards, as specified in this Part:

A. Within the TO Transitional Overlay District, small-scale retail or service shall include any of the following uses:

(1) Bank.

(2) Amusement establishment.

(3) Convenience store.

(4) Day-care center.

(5) Interior entertainment and recreation facility.

(6) Personal services.

(7) Professional and business offices.

(8) Retail sales and service.

(9) Restaurant.

(10) Medical offices.

B. The scale of the principal use shall be limited to the 8,000 square feet of gross floor area within the principal building.

C. Maximum lot coverage: 70%.

D. Minimum site acreage: 1.5 acres.

E. The establishment shall bear frontage on and direct access to an arterial street. Notwithstanding the requirement to access an arterial street, the establishment may also access a local or collector street or streets, based on the provision of the contribution as per the standards of Part 16, Incentive Zoning Standards.

F. Buffer yards in accordance with Part 19 of this chapter, Chapter 22, Subdivision and Land Development and the Township Construction Standards.

G. Only one principal use shall be located on each lot.

§ 27-1440 Stables.

A. The property to accommodate a stable must be at least five acres in area.

B. Outdoor areas to be occupied by animals shall be as remote as possible from neighboring residences. Buildings on the site, landscaping, and/or changes of grade may be used to screen adjacent housing areas or potential areas of housing.

C. All outdoor areas to which animals have access shall be fenced to contain the animals, and such fenced outdoor areas shall comply with the applicable setback requirements of the zoning district in which the property is located.

D. Runoff from outdoor fenced areas shall be diverted away from neighboring occupied properties, and odors emanating from the operation shall be controlled.

§ 27-1441 Veterinary clinics.

A. In the C District, the minimum lot area required for a veterinary clinic with an outdoor kennel or outdoor runs shall be two acres.

B. In the R District, the minimum lot area required for a veterinary clinic shall be three acres. The minimum lot area required for a veterinary clinic with an outdoor kennel or outdoor runs shall be five acres.

C. All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a fence with a self-latching gate.

D. Structures housing animals shall be located at least 200 feet from any property line adjoining residential use or zoning classification and at least 50 feet from any other property line.

§ 27-1442 Wholesale use and distribution centers.

A. The principal structure shall have similar architectural features and employ a similar appearance of a retail sales or service establishment.

B. Goods for sale at wholesale shall be limited to those listed under principal permitted uses or closely similar goods.

C. An interior circulation plan shall be designed and approved so that no truck or truck and trailer combination must maneuver off site in order to park, load or unload.

D. The site shall have access directly from an arterial or collector street, as classified by the Subdivision and Land Development Ordinance (Chapter 22), with sufficient capacity to handle traffic generated by the proposed use.

E. All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent properties.

F. No shipping or receiving shall be permitted within 300 feet of a property line which adjoins a residential use or zoning district between the hours of 6:00 p.m. and 8:00 a.m.

G. All property lines which adjoin a residential use or zoning district shall be screened by Buffer Yard A as required by Part 21.

H. Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties and shall not exceed illumination levels established in § 27-1513.

§ 27-1443 Wind farms.

A. In addition to all other required application materials, the applicant shall provide the Township with a narrative describing the proposed wind farm, including an overview of the project; the project location; the approximate generating capacity of the wind farm; the number, representative types and height of the windmills to be constructed, including their generating capacity, dimensions and respective manufacturers; and a description of ancillary features.

B. The applicant shall provide a copy of the application materials to the Township emergency service providers, including the Police Department, Township-designated emergency medical services provider and the Township-designated Volunteer Fire Department. Prior to the issuance of a building permit for the wind farm, the applicant shall provide the Township with an emergency response plan for the wind farm that has been developed with and approved by the above emergency service providers. The applicant shall coordinate implementation of this emergency response plan for the wind farm with the above emergency service providers.

C. The applicant shall demonstrate that it has received all necessary federal, state and county licenses, permits and approvals to operate a wind farm and related windmills.

D. The design of the wind farm and related windmills shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, and/or other similar certifying organizations.

E. The wind farm and related windmills shall comply with the Township Construction Code (Chapter 5, Part 1).

F. All wind farm facilities shall be equipped with a redundant braking system.

G. This includes both aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

H. All electrical components of the wind farm shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. Any electrical equipment associated with a wind farm shall be located under the sweep area of a windmill blade.

I. The exterior surface of any visible components of a wind farm shall be nonreflective, and of a nonobtrusive and neutral color (such as white or off-white). Windmills and related facilities of a wind farm located within one mile of each other must be of uniform design, including tower type, color, number of blades, and direction of blade rotation.

J. Windmills shall be of monopole construction to the greatest extent possible. If monopole construction is not possible, then a windmill must be of freestanding construction to the greatest extent possible. If monopole or freestanding construction is not possible, then a windmill may be guyed.

K. No signs or lights shall be mounted on a wind farm facility or related windmill, except those required by the Federal Aviation Administration or other governmental agency which has jurisdiction; and a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of any guy wires and along the guy wires up to a height of 15 feet from ground level.

L. All on-site electric and other utility lines associated with a wind farm shall be buried underground.

M. Windmills shall not be climbable up to 15 feet above ground level. All windmills shall be fitted with any anti-climbing devices recommended by the windmill manufacturer for the type of installation proposed. All access doors to windmills and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

N. The minimum lot size for a wind farm shall be five acres.

O. The applicant shall demonstrate that the proposed height of the proposed windmill(s) is the minimum structure height necessary to perform its function. The maximum structure height of a windmill shall be 100 feet, measured from ground level to the highest point of the blade and/or structure; provided, however, that such height may be increased by no more than an additional 100 feet as long as an independent, certified engineer retained as provided herein expresses an opinion that the additional height is necessary for the proposed windmill(s) to perform its function. Regardless of height, all windmills shall remain subject to the setback requirements contained in this section.

P. For any proposed windmill with a structure height in excess of 100 feet, the applicant shall deposit with the Township an engineering review deposit as may be deemed necessary by the Township Engineer, which deposit shall be in addition to any other required application, deposit and/or engineering fees. This deposit shall be used by the Township to retain an independent, certified engineer knowledgeable in the field of wind farms and windmills to review the application and to express an opinion as to the minimum structure height necessary for the proposed windmill to perform its function. In the event that the fees actually incurred for said engineering review exceed the amount of the deposit, the applicant shall tender payment of the balance owed. In the event that the fees actually incurred for said engineering review are less than the amount of the deposit, the balance shall be refunded and/or credited to the applicant.

Q. The blade of a windmill shall be located at least 30 feet above the adjacent ground level.

R. The wind farm, windmills and related facilities shall comply with the following setback requirements. For the purposes of this section, "nonparticipating landowner" shall mean any landowner except those on whose property all or a portion of a wind farm is located, and "occupied building" shall mean a residential dwelling, school, hospital, place of worship, public library or other building used for public gathering that is occupied or in use when the conditional use application is filed.

(1) Windmills shall be set back from occupied buildings a distance not less than the normal setback requirements for the relevant zoning district or 1.2 times the windmill structure height, whichever is greater. The setback distance shall be measured from the center of the windmill base to the nearest point on the foundation of the occupied building.

(2) Windmills shall be set back from the property lines of a nonparticipating landowner a distance not less than 500 feet or 1.2 times the windmill structure height, whichever is greater. The setback distance shall be measured from the center of the windmill base.

(3) Windmills shall be set back from public streets a distance not less than the normal setback requirements for the relevant zoning district or 1.2 times the windmill structure height, whichever is greater. The setback distance shall be measured from the center of the windmill base to the nearest street right-of-way line of the public street.

(4) Windmills shall be set back from aboveground utility lines a distance not less than 1.2 times the windmill structure height as measured from the center of the windmill base to the nearest utility right-of-way line.

(5) The occupied building and nonparticipating landowner property line setback requirements of Subsection R(1) and (2) above shall not apply if the owner of the subject occupied building and/or the nonparticipating landowner executes an easement agreement with the owner of the property on which the windmill is located which grants a lesser setback. This easement agreement shall comply with the following requirements:

(a) The easement agreement shall be recorded with the Butler County Recorder of Deeds, or its successor agency.

(b) The easement agreement shall specifically reference the setback required by this chapter, describe how the windmill is not in compliance with this required setback, and state that consent and an easement is granted for the windmill to not be set back as required by this chapter.

(c) The easement agreement shall describe the properties benefitted and burdened.

(d) The easement agreement shall advise all subsequent purchasers of the burdened property that easement shall run with the land and may forever burden the subject property.

S. Windmills shall be separated from each other by a sufficient distance so that one windmill does not interfere with another windmill.

T. All equipment buildings and electrical/mechanical equipment related to the wind farm shall comply with the yard, setback, height and other requirements and restrictions applicable to a principal structure located in the same zoning district and shall be enclosed with a six-foot fence. The exterior of this fenced area shall be landscaped so as to screen the equipment building and electrical/mechanical equipment from abutting properties.

U. Audible sound and noise from a wind farm and its related facilities shall not exceed 60 dBA, as measured at the exterior of any occupied building or a nonparticipating landowner's property. Methods of measuring and reporting acoustic emissions from wind farms and windmills shall be equal to or exceed the minimum standards for precision described in A WEA Standard 2.1, latest edition, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume 1: First Tier, as amended and revised.

V. The owner and operator of the wind farm shall take such reasonable steps as are necessary to prevent, mitigate and eliminate windmill shadow flicker on occupied buildings and the property of nonparticipating landowners.

W. The owner and operator of the wind farm shall take such reasonable steps as are necessary to prevent, mitigate and eliminate any disruption or loss of radio, telephone, television or similar signals.

X. The applicant, owner and/or operator of the wind farm shall maintain a current general liability insurance policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in aggregate covering the wind farm and all facilities related thereto. A certificate of insurance evidencing this general liability insurance coverage shall be submitted to the Township in a form acceptable to the Township Solicitor.

Y. If a wind farm or individual windmill remains unused for a period of 12 consecutive months, then the owner and operator shall, at its expense, dismantle and remove the wind farm or subject windmill within six months of the expiration of such twelve-month period. The owner and operator shall also comply with the following requirements:

(1) The owner and operator shall remove the windmill(s) and related buildings, cabling, electrical/mechanical equipment, foundations to a depth of 36 inches, streets and any other associated facilities.

(2) Disturbed earth shall be graded and reseeded.

(3) If the owner and/or operator of the wind farm fails to remove the wind farm or subject windmill and reclaim the site as required by this section, then the federal, state, county or Township may remove or cause the removal of the wind farm or subject windmill and reclamation of the site. Any removal or reclamation cost incurred by the federal, state, county or Township that is not recovered from the owner and/or operator of the wind farm shall become a lien on the property where the removal or reclamation takes place and may be collected from the owner of the subject property in the same manner as property taxes.

(4) At the time of application for the conditional use, the applicant shall provide the Township with a statement executed by the owner(s) of the wind farm and the property on which the wind farm is acknowledging that the owner of the subject property is financially responsible if the owner of the wind farm fails to reclaim the site as required in this section and that any removal and reclamation costs incurred by federal, state, county or Township will become a lien on the subject property and may be collected from the owner of the subject property in the same manner as property taxes.

Z. Any physical modification to an existing and permitted wind farm that materially alters the size, type and number of windmills or other equipment, except a like-kind replacement, shall require the developer to apply for and obtain conditional use approval.

AA. Access to the wind farm shall be provided in accordance with the standards of Part 6 of the Subdivision and Land Development Ordinance (Chapter 22). The standards, requirements and restrictions of Part 6 of the Subdivision and Land Development Ordinance (Chapter 22) shall apply regardless of whether or not the wind farm, windmill(s) and/or related facilities are considered to constitute a subdivision and/or land development.

BB. The applicant shall demonstrate the number of off-street parking requirements needed for the wind farm by providing the Township with a traffic/parking study prepared by a qualified traffic/parking engineer demonstrating the need for off-street parking based upon specific accepted engineering principles and manuals.

§ 27-1444 Uses not expressly listed in any zoning district.

A use not expressly listed as a permitted use, conditional use or special exception may be permitted as a conditional use in the LI District upon the applicant demonstrating that the proposed use satisfies the general standards and criteria referenced in § 27-1402 and the following requirements:

A. The proposed use will not endanger the public health, safety or welfare if located where proposed, and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.

B. The proposed use meets all applicable dimensional and lot and yard regulations for the LI District, all other expressed standards and criteria for comparable uses, and any requirements of this chapter for the LI District.

C. The proposed use is in general conformity with the Township Comprehensive Plan and in harmony with the area in which it is proposed.

D. The proposed use is an appropriate use on the proposed site.

E. The proposed use is in compliance with all other standards of this chapter, the Subdivision and Land Development Ordinance (Chapter 22), the Code of Jackson Township, Butler County, Pennsylvania, and all other Township ordinances.