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.
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
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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.
A.
Minimum lot size: two acres.
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.
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.
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.
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:
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
B.
Accessory uses to the noncommercial recreation facility are specifically
limited to the following:
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.
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.
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.
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.
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.
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.
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.
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:
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.
G.
Only one principal use shall be located on each lot.
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.
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.
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.
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.
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.
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.
