A.
The intent of Article VIII is to develop certain land use and development requirements for nonresidential uses within Muhlenberg Township. The provisions of Article VIII are intended to supplement and not replace the zoning district regulations, which are further specified under Article IV of this chapter.
B.
For the purposes
of this chapter, "nonresidential uses" shall include all commercial,
industrial, religious, institutional, educational, medical, agricultural,
recreational and other similar uses where primary occupancy for residential
use does not apply to the existing or proposed use.
C.
The regulations established under Article VIII of this chapter shall be subject to the interpretation of the Muhlenberg Township Zoning Officer or other qualified professional, as designated by the Board of Commissioners. Should a dispute arise concerning the interpretation of these supplementary regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.
A.
Unless otherwise specified by the Muhlenberg Township Code, all nonresidential uses shall comply with the performance standards and controls specified under this article. In addition to the provisions specified under Chapter 355, the following provisions of the Muhlenberg Township Code shall apply to nonresidential land uses: Chapter 150 (Uniform Construction Codes), Chapter 141 (Open Burning), Chapter 175 (Fire Code; Inspections and License Fees), Chapter 294 (Solid Waste), Chapters 222 (Noise) and 248 (Peace and Good Order), Chapter 257 (Plumbing Standards), Chapter 265 (Property Maintenance), Chapter 288 (Sewers), Chapter 310 (Subdivision and Land Development), Chapter 340 (Water), as well as any other provision of the Muhlenberg Township Code, as determined appropriate by the Muhlenberg Township Engineer, Zoning Officer or Code Enforcement Officer.
B.
The following
requirements for air quality and management shall apply to all existing
and proposed nonresidential uses within Muhlenberg Township:
(1)
Open burning shall only be permitted if it is conducted in accordance with the provisions specified under Chapter 141 of the Muhlenberg Township Code.
(2)
All gases,
vapors, odors and/or particulates which are emitted from any nonresidential
use shall be in compliance with the provisions established within
the Muhlenberg Township Code, as well as those provisions permitted
under state and federal laws.
(3)
No toxic,
radioactive or corrosive gases, vapors or fumes shall be released
into the atmosphere.
(4)
No odors
causing annoyance or discomfort to the adjacent residents shall be
detectable beyond the property lines of the nonresidential use on
which such odors originate.
(5)
Any storage
or spreading of manure, sludge, fertilizer or other soil enrichment
substances shall be conducted in a manner to limit odor and as required
by all local, state and federal laws.
(6)
All state
and federal regulations concerning air pollution or air quality shall
be considered as minimum standards for the control of smoke, dust,
fumes and emissions.
C.
The following
requirements for noise and vibration control shall apply to all existing
and proposed nonresidential uses within Muhlenberg Township:
(1)
No continuous
noise in excess of the following limits shall be permitted at the
property line of the site on which the noise source originates:
|
Maximum Permissible Noise Levels
(in decibels or dBA)
| |||
|---|---|---|---|
|
Time of Day
(over ten-minute time period)
| |||
|
Measurement Taken along Adjoining Property
Line within Following Zoning Districts
|
7:00 a.m. to 9:00 p.m.
|
9:00 p.m. to 7:00 a.m.
|
Maximum Peak Limits
(over any eight-hour period)
|
|
R-1, R-2, R-3, R-4 and R-5
|
55
|
50
|
60 less than 10 minutes
|
|
70 less than one minute
| |||
|
C-1, C-2 and C-3
|
65
|
60
|
70 less than 10 minutes
|
|
75 less than 1 minute
| |||
|
I-1 and I-2
|
70
|
65
|
75 less than 10 minutes
|
|
80 less than 1 minute
| |||
|
SA-1
|
60
|
50
|
65 less than 10 minutes
|
|
70 less than 1 minute
| |||
(2)
For noises
that are considered smooth or continuous, the maximum permitted noise
levels shall be measured over a period of 10 to 15 minutes. The noise
levels shall be measured by the Zoning Officer or Code Enforcement
Officer along any adjoining property line from which the noise originates.
Where the noise levels exceed the maximum permissible limits during
the specified time period and time of day, the owner of the property
shall be considered in violation of the maximum decibel limits permitted
by the chapter.
(3)
For those
noises that are not smooth and continuous, the peak noise levels shall
be measured over a period of one minute to 10 minutes. The noise levels
shall be measured by the Zoning Officer or Code Enforcement Officer
along any adjoining property line from which the noise originates.
Where the noise levels exceed the maximum permissible peak limits
during any eight-hour period of time, the owner of the property shall
be considered in violation of the maximum decibel limits permitted
by the chapter.
(4)
The maximum
permissible noise levels specified by this section of the chapter
shall not apply to the following conditions:
(a)
General
repair or construction work during the hours 7:00 a.m. to 9:00 p.m.,
provided that the activities are permitted by Muhlenberg Township.
(b)
Household
power tools and equipment during the hours of 7:00 a.m. to 9:00 p.m.,
provided that the activities are temporary.
(c)
Blasting,
providing it is conducted in association with construction activities
which have been permitted by local, state or federal agencies.
(d)
Alarms
or other devices used for the purposes of alerting people to the existence
of an actual emergency or to warn people of an imminent danger.
(e)
Municipal
uses.
(f)
Routine
noises made by bells, chimes, carillons utilized for religious, educational
or civic use.
(g)
Licensed
motor vehicles and authorized modes of transportation.
(5)
No physical
vibration shall be perceptible without aid of instruments at or beyond
the lot lines with the exception of temporary construction activity.
D.
The following
requirements for light, glare and heat control shall apply to all
nonresidential uses:
(1)
Any nonresidential
use or operation producing intensive light, glare and/or heat shall
be performed within an enclosed building or behind a solid fence in
such a manner as to be completely imperceptible from any point beyond
the boundary lines.
(2)
No luminaire,
spotlight or other source that is within 200 feet of a residential
use or residential district shall be placed at a height exceeding
30 feet above the average surrounding ground level. This limitation
shall not apply to lights needed for air safety or lights intended
to solely illuminate an architectural feature.
(3)
All light
sources utilized for nonresidential uses shall be shielded or diffused
to prevent the lighting from creating a nuisance to adjacent properties
or prevent a distraction to motorists on adjacent public streets.
(4)
Any flashing,
flickering or strobe lighting shall be imperceptible from any point
beyond the boundary lines.
E.
The following
requirements for wastewater management and water supply shall apply
to all existing and proposed nonresidential uses:
(1)
In no case
shall potentially hazardous effluent or waste from any nonresidential
use be discharged into the environment or public infrastructure.
(2)
The effluent
from any nonresidential use shall meet the standards specified by
Muhlenberg Township, the Muhlenberg Township Municipal Authority and
the Pennsylvania Department of Environmental Protection.
F.
The following
requirements for solid waste management and disposal shall apply to
all existing and proposed nonresidential uses:
(1)
No storage
of solid waste materials on the site shall be permitted in excess
of 10 days.
(2)
All solid
waste materials awaiting transport shall be properly screened and
concealed from the view of all adjacent properties. All containers
shall be airtight, verminproof and have adequate storage capacity
to accommodate existing and projected volumes of solid waste.
(3)
All solid
waste management violations must be rectified within a twenty-four-hour
period.
(4)
Incineration
for the purpose of reducing or disposing of liquid or solid waste
material must comply with the Muhlenberg Township Code or Berks County
Solid Waste Management Plan.
G.
The following
requirements for outdoor storage shall apply to all existing and proposed
nonresidential uses:
(1)
Outdoor storage
of any type shall not be permitted unless such storage conforms to
the normal functions and procedures conducted on the premises. Outdoor
storage of any type shall be prohibited, if such storage is considered
and/or construed as unsightly, malodorous, hazardous to the environment
and potentially detrimental to the health and safety of the adjacent
property owners.
(2)
No flammable
or explosive liquids, solids or gases shall be stored in bulk above
ground, except for tanks or drums of less than 600 gallons of fuel
which are directly connected with engines, heating devices or appliances
located and operated at the same site as the tanks or drums of fuel
and which have been approved by Muhlenberg Township and/or the Commonwealth
of Pennsylvania.
(3)
All storage
facilities for fuel, raw materials and products stored outdoors shall
be enclosed by a security fence and planting screen adequate to conceal
the storage facilities from the view of adjacent properties.
(4)
No materials
or wastes shall be deposited on site in such form or manner that they
can be transported off the site by natural causes or forces.
(5)
No materials
or substances which have the potential to contaminate groundwater
or surface water shall be permitted to be stored outside unless the
owner can provide safeguards which are satisfactory to Muhlenberg
Township as well as all other state and federal agencies.
H.
The following
utility and energy requirements shall apply to all existing and proposed
nonresidential uses:
(1)
All nonresidential
uses requiring energy in the form of electric, diesel, gas, oil, or
other common energy source shall comply with the most acceptable safety
requirements recognized by the Pennsylvania Department of Labor and
Industry and shall be so constructed and installed so as to be an
integral part of the architectural features of the site.
(2)
A buffer
yard or coniferous planting arrangement shall properly conceal any
utility or energy source which is viewed and regarded as offensive
or unsightly.
(3)
Electromagnetic
radiation, which interferes with radio, telephone, satellite or television
reception or other communication equipment, shall be imperceptible
from any point beyond the property lines.
(4)
No injurious
electromagnetic radiation or radioactive emission shall be produced
by any nonresidential use. All radioactive emissions shall meet federal
and state standards.
(5)
Unless otherwise
required by the utility company or authority providing service, all
utilities shall be installed underground.
I.
No building or
structure may be erected, altered or used and no lot or premises may
be used for any activity which is continuously noxious, injurious
or offensive by reason of dust, smoke, odor, fumes, noise, vibration,
gas, effluent discharge, illumination or similar substances or conditions.
J.
Proprietors who
have been cited for any violation(s) subject to this section of the
chapter shall be responsible for applicable costs incurred by Muhlenberg
Township through background investigations, legal proceedings, retributions
and rectification measures.
A.
Convenience stores or mini markets, as defined under Article II of this chapter, are a permitted conditional use within the C-1, C-2 and C-3 Zoning Districts.
B.
Unless otherwise
permitted by Muhlenberg Township, a convenience store or mini market
shall comply with the minimum and maximum dimensional requirements
established for the zoning district in which it is located.
C.
All convenience
stores or mini markets shall be designed in accordance with the following
design requirements:
(1)
The convenience
store or mini market shall contain a minimum gross floor area of not
less than 2,000 square feet and a maximum gross floor area of not
more than 10,000 square feet, exclusive of any area of such lot being
used for gasoline pump dispensers and the canopy over such dispensers.
Accessory buildings shall not be permitted.
(2)
The maximum
number of fueling pumps (one pump serves two fueling positions only)
permitted shall be based upon the size of the proposed building housing
the convenience store, which shall be specified as follows:
|
Convenience Store/Mini Market Gross Floor
Area
(square feet)
|
Maximum Number of Fuel Pumps
|
Maximum Number of Fueling Positions
|
|---|---|---|
|
2,000 to 4,000
|
4
|
8
|
|
4,000 to 6,000
|
6
|
12
|
|
6,000 to 8,000
|
7
|
14
|
|
8,000 to 10,000
|
8
|
16
|
(3)
As part of
the conditional use application, the Board of Commissioners shall
have the power to reduce the designated number of pumps if, in its
evaluation of the applicant's traffic study, it determines that safe
and convenient vehicular circulation cannot be accommodated on the
site.
(4)
Unless otherwise
approved by the Board of Commissioners, the canopy covering the fuel
pumps shall not exceed 20 feet from ground level at its highest point
and shall be of a peak-roof design. The Board of Commissioners may
permit a greater canopy height up to 30 feet, if the design of the
canopy is considered as architectural enhancement.
(5)
The canopy
shall not exceed in area (as measured in square feet) the gross floor
area of the convenience store or mini market building. However, the
canopy shall not exceed in total area 7,000 square feet.
(6)
The convenience
store or mini market shall be constructed with brick, stone and stucco,
or such combination thereof as is approved by the Board of Commissioners,
facing on all four sides of the building from the ground level to
the roof. Within the C-1 Zoning District, the building shall be constructed
with either all-brick or all-stone veneer.
(7)
The following
provisions for exterior lighting shall apply to convenience stores
or mini markets:
(a)
All gasoline
pump dispensers shall be covered by a canopy and shall be illuminated
by overhead lighting during non-daylight hours. Canopy lighting shall
be located on the undersurface (ceiling) of the canopy and shall be
limited to flush lens fixtures mounted on the canopy ceiling. Drop
lens fixtures are prohibited. Up-lens lighting fixtures mounted on
the canopy structure above the level of gas pumps are permitted if
they have the effect of reducing glare from the lighting fixtures
mounted on the canopy ceiling. Outdoor canopies include, but are not
limited to, fuel island canopies associated with service stations
and convenience stores and exterior canopies above storefronts. In
no event shall any other lighting fixtures be located on or otherwise
attached to or used to light a canopy or any area of the property
adjacent to the canopy. Canopy lighting over fuel-dispensing positions
shall not exceed an average of 35 maintained footcandles.
(b)
Lighting
for parking areas shall provide an illumination level utilizing currently
recommended standards of the Illuminating Engineering Society of North
America, unless a more stringent standard is imposed as a condition
of a conditional use approval granted by the Board of Commissioners
under the circumstances of each application. Exterior lighting of
the building is precluded, except as determined necessary by the Board
for security. The Board of Commissioners may preclude any exterior
lighting that in its judgment adversely affects adjoining properties.
(c)
In no
case shall illumination exceed 0.5 footcandle measured at the property
lines, except at driveway entrances, provided the illumination at
the cartway center line of the contiguous street shall not exceed
1.0 footcandle, unless a more stringent standard is ordered by the
Board under the circumstances of each application.
(8)
All ingress
and egress to and from the lot shall be designed to promote safe and
convenient access, as finally approved by the Muhlenberg Township
Engineer and Zoning Officer.
(9)
The internal
vehicular circulation pattern of any lot upon which a convenience
store with gasoline sales is proposed shall be designed so as to prevent
vehicles waiting for such gasoline service from stacking onto public
streets. In addition to the required minimum parking spaces, there
shall be a minimum of one vehicular stacking space for each fueling
position.
(10)
The applicant
shall submit a traffic study with the conditional use application
demonstrating the adequacy of existing or proposed streets to accommodate
any increase in traffic from the proposed use and the adequacy of
the proposed vehicular interior circulation on the lot.
D.
Outdoor display
prohibited. No outdoor display of products shall be permitted. Hand
equipment intended to be utilized for the washing of windows of motor
vehicles, as well as places for the storage of such equipment, shall
be permitted
A.
The term "day-care facilities" shall include "family day-care facilities," "child day-care centers," and "adult day-care centers," which are further defined under Article II of this chapter.
B.
Family day-care
facilities are a permitted use by special exception within the R-1,
R-2, R-3, R-4 and R-5 Zoning Districts, subject to the following requirements:
(1)
Family day-care
services shall be permitted within a single-family dwelling unit meeting
the minimum and maximum dimensional requirements established for the
zoning district in which it is located.
(2)
The maximum
number of children to be cared for within a family day-care facility
shall be limited to six or fewer children who are unrelated to the
resident caregiver.
(3)
The use shall
be located and conducted within the single-family dwelling, except
for a designated outdoor play area meeting the following requirements:
(a)
The single-family
dwelling shall be serviced by public sanitary sewage facilities and
public water supply facilities.
(b)
The internal
facilities should be of adequate size to accommodate all of the children
receiving care plus the occupants of the single-family dwelling. Common
areas and facilities should be designated within the single-family
dwelling.
(c)
The outdoor
play area shall be located within the rear yard of the property and
have sufficient size to accommodate six children at once. The designated
outdoor play area shall be planted and maintained in grass or lawn
and shall be enclosed with a continuous fence and self-latching gate
with a height of four feet.
(d)
All designated
internal and external areas for the family day-care facility shall
be physically separated by a distance of 100 feet from any natural
or man-made hazard, including swimming pools, stormwater detention
facilities, surface waters, machinery, electric-generating and -transmitting
equipment, streets, and other areas that may be considered hazardous
to children.
(4)
At least
two off-street parking spaces shall be designated for the single-family
detached residential use. In addition to these spaces, an off-street
pickup and dropoff area measuring 10 feet in width and 40 feet in
length to accommodate two vehicles shall be designated and maintained
for the discharge and collection of children.
(5)
The family
day-care facility and use shall comply with all specifications, standards
and licenses which are required by Muhlenberg Township, the Pennsylvania
Department of Human Services, or other agencies having jurisdiction.
(6)
The principal
caregivers at the family day-care facility shall be identified and
their credentials shall be submitted to Muhlenberg Township for review
and consideration.
C.
Child day-care
centers are a permitted use by special exception within the C-1, C-2
and C-3 Zoning Districts, subject to the following requirements:
(1)
Child day-care
centers shall be permitted within an approved commercial facility,
educational facility, church or religious facility, hospital or medical
facility, municipal facility, health care facility, or other institutional
use deemed appropriate by the Zoning Hearing Board and meeting the
minimum and maximum dimensional requirements established for the zoning
district in which it is located.
(2)
The child
day-care facility shall be capable of providing supplemental parental
care and supervision and/or instruction to seven or more children
simultaneously, who are not related to the caregiver or operator,
on a daily basis. Tuition, fees or other forms of compensation may
be charged, whether governmentally subsidized or not, by the operator
of the day-care facility.
(3)
All day-care
facilities shall be licensed and/or approved to dispense child care
by the Commonwealth of Pennsylvania.
(4)
The use shall
be located and conducted within an approved facility, except for a
designated outdoor play area, meeting the following requirements:
(a)
The child
day-care facility shall be serviced by public sanitary sewage facilities
and public water supply facilities.
(b)
The internal
facilities should be of adequate size to accommodate all of the children
receiving care plus the occupants of the principal or secondary use.
Common areas and facilities should be designated within the approved
facility.
(c)
The outdoor
play area shall be located within the rear yard of the property and
have sufficient size to accommodate all of the children at the facility
at once. The designated outdoor play area shall be planted and maintained
in grass or lawn and shall be enclosed with a continuous fence and
self-latching gate with a height of four feet.
(d)
All designated
internal and external areas for the family day-care facility shall
be physically separated by a distance of 100 feet from any natural
or man-made hazard, including swimming pools, stormwater detention
facilities, surface waters, machinery, electric-generating and -transmitting
equipment, streets and other areas that may be considered hazardous
to children.
(5)
In addition
to the number of off-street parking spaces required for the principal
and secondary use of the facility, an off-street pickup and dropoff
area measuring 10 feet in width and 80 feet in length to accommodate
four vehicles shall be designated and maintained for the discharge
and collection of children. The designated pickup and dropoff area
shall be marked by signs and physically removed from any required
parking area, loading area, fire lane, and all points for vehicular
access providing ingress and egress to the facility.
(6)
The child
day-care facility and use shall comply with all specifications, standards
and licenses which are required by Muhlenberg Township, the Pennsylvania
Department of Human Services, or other agencies having jurisdiction.
(7)
The principal
caregivers at the child day-care facility shall be identified and
their credentials shall be submitted to Muhlenberg Township for review
and consideration.
D.
Adult day-care
centers are a permitted use by special exception within the C-1, C-2
and C-3 Zoning Districts, subject to the following requirements:
(1)
Adult day-care
centers shall be permitted within an approved commercial facility,
educational facility, church or religious facility, hospital or medical
facility, municipal facility, health care facility, or other institutional
use deemed appropriate by the Zoning Hearing Board meeting the minimum
and maximum dimensional requirements established for the zoning district
in which it is located.
(2)
The adult
day-care facility shall be capable of providing supplemental parental
care and supervision, training and/or instruction to one or more individuals
who may have physical or mental disabilities, and who are not related
to the caregiver or operator, on a daily basis. Tuition, fees or other
forms of compensation may be charged, whether governmentally subsidized
or not, by the operator of the day-care facility.
(3)
All adult
day-care facilities shall be licensed and/or approved to dispense
adult care by the Commonwealth of Pennsylvania.
(4)
The adult
day-care use shall be located and conducted within approved facility
meeting the following requirements:
(a)
The adult
day-care facility shall be serviced by public sanitary sewage facilities
and public water supply facilities.
(b)
The internal
facilities should be of adequate size to accommodate all of the adults
plus the occupants of the principal or secondary use. Common areas
and facilities should be designated within the approved facility.
(c)
All outdoor
facilities should be located within the rear yard of the property
and be properly secured.
(d)
Unless
otherwise permitted by Muhlenberg Township, the approved facilities
shall not be utilized as a permanent or temporary residence by the
employees and/or adults requiring care.
(5)
In addition
to the number of off-street parking spaces required for the principal
and secondary use of the facility, an off-street pickup and dropoff
area measuring 10 feet in width and 60 feet in length to accommodate
three vehicles shall be designated and maintained for the discharge
and collection of adults. The designated pickup and dropoff area shall
be marked by signs and physically removed from any required parking
area, loading area, fire lane, and all points for vehicular access
providing ingress and egress to the facility.
(6)
The applicant
should provide sufficient evidence to the Zoning Hearing Board indicating
that adequate security measures shall be implemented and installed
at the adult day-care facility to ensure that the adults are provided
with sufficient care, as well as protecting the security of the residents
within the neighboring properties.
(7)
The adult
day-care facility and use shall comply with all specifications, standards
and licenses which are required by Muhlenberg Township, the Pennsylvania
Department of Human Services, or other agencies having jurisdiction.
(8)
The principal
caregivers at the adult day-care facility shall be identified and
their credentials shall be submitted to Muhlenberg Township for review
and consideration.
A.
The term "multiple commercial uses" shall include mini malls, shopping centers and/or shopping malls, which are further defined under Article II of this chapter.
B.
Mini malls shall be permitted by conditional use within the C-2 and C-3 Zoning Districts, subject to the applicable minimum requirements specified under § 355-63 of the chapter.
C.
Shopping centers or shopping malls shall be permitted by conditional use within the C-2 Zoning District, subject to the applicable minimum requirements specified under § 355-63 of the chapter.
D.
Each commercial
use within a permitted mini mall, shopping center or shopping mall
shall be serviced by public sanitary sewage disposal facilities and
public water supply facilities. Unless otherwise permitted by the
Muhlenberg Township Municipal Authority, each commercial use shall
have separate sanitary sewage disposal connections and water supply
connections.
A.
Mini malls containing less than 30,000 square feet in cumulative gross floor area, and as further defined under Article II of this chapter, shall be permitted by conditional use within the C-2 and C-3 Zoning Districts, subject to the following requirements:
(1)
All mini
malls shall comply with the minimum and maximum dimensional requirements
established for the zoning district in which it is located.
(2)
The permitted
uses within a mini mall shall be limited to: retail business establishments;
personal business or service establishments; professional offices;
banks or financial institutions; medical or dental offices; municipal
or governmental uses; restaurants; taverns; and other similar uses
that are determined appropriate by the Board of Commissioners.
(3)
The maximum
number of uses within a mini mall shall be limited to 20 independent
uses. All proposed uses shall be designed as self-contained structures
without common facilities which comply with all requirements of the
Muhlenberg Township Code.
(4)
Unless otherwise
permitted by the Board of Commissioners, all uses within a mini mall
shall be harmoniously planned as attached units within a single building.
As part of the conditional use application, the applicant or developer
shall identify the planned uses within the mini mall and demonstrate
how these uses can be amicably planned during all hours of operation.
(5)
Unless otherwise
permitted by the Board of Commissioners, planned outparcels, pad sites
or detached buildings shall not be considered as part of the design
of a mini mall.
(6)
Unless otherwise
required by the utility company or authority providing service, all
uses within the mini mall shall have individual utility connections.
(7)
The off-street parking spaces shall be designed to comply with the provisions specified under Article X of this chapter. The total number of off-street parking spaces shall meet or exceed the cumulative total for all uses within the mini mall. As part of the conditional use application, the Board of Commissioners may permit a reduction of 20% of the required cumulative total off-street parking spaces, provided the applicant or developer demonstrates that the uses will not generate additional off-street parking demands from employees and patrons during peak operational hours.
(8)
All proposed signs for the mini mall shall comply with the provisions specified under Article XI of this chapter. No more than one on-premises freestanding sign shall be permitted, which shall not exceed 30 feet in height and 100 square feet per side.
(9)
The side
and rear lot lines of the property shall be adequately screened with
a twenty-foot-wide landscaped buffer yard.
(10)
In addition to the provisions specified for mini malls, the provisions specified under Subsection C of this section shall also apply to mini malls.
(11)
As part
of the conditional use application, the Board of Commissioners may
attach other reasonable conditions that may be appropriate when considering
the functional design and operation of the uses contained within the
mini mall.
B.
Shopping centers or shopping malls containing more than 30,000 square feet in cumulative gross floor area, and as further defined under Article II of this chapter, shall be permitted by conditional use within the C-2 Zoning District, subject to the following requirements.
(1)
All shopping
centers or shopping malls shall comply with the minimum and maximum
dimensional requirements established for the C-2 Zoning District.
(2)
The permitted
uses within a shopping center or shopping mall shall be limited to:
retail business establishments; personal business or service establishments;
professional offices; banks or financial institutions; medical or
dental offices; family entertainment complexes; movie theaters; recreational
uses; municipal or governmental uses; restaurants; taverns; nightclubs;
and other similar uses that are determined appropriate by the Board
of Commissioners.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
The maximum
number of uses within a shopping center or shopping mall shall be
unlimited, provided that each use is designed as part of a common
facility or as self-contained structures which comply with all requirements
of the Muhlenberg Township Code.
(4)
All uses
within a shopping center or shopping mall shall be harmoniously planned
within a single building or within groups of buildings. As part of
the conditional use application, the applicant or developer shall
identify the planned uses within the shopping center or shopping mall
and demonstrate how these uses can be amicably planned during all
hours of operation.
(5)
Planned outparcels,
pad sites or detached buildings may be permitted, provided the use
is located within a separate lot meeting the appropriate minimum and
maximum dimensional requirements of the C-2 Zoning District for that
specific use.
(6)
Unless otherwise
required by the utility company or authority providing service, all
uses within the shopping center or shopping mall shall have individual
utility connections.
(7)
The off-street parking spaces shall be designed to comply with the provisions specified under Article X of this chapter. The total number of off-street parking spaces shall meet or exceed the cumulative total for all uses within the shopping center or shopping mall. As part of the conditional use application, the Board of Commissioners may permit a reduction of 10% of the required cumulative total of off-street parking spaces, provided the applicant or developer demonstrates that the uses will not generate the additional off-street parking demands from employees and patrons during peak operational hours.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
All proposed signs for the shopping center or shopping mall shall comply with the provisions specified under Article XI of this chapter. No more than one on-premises freestanding sign shall be permitted along each street on which the shopping center or shopping mall has frontage and shall not exceed 300 square feet per side. No portion of the on-premises freestanding sign shall be less than 10 feet or greater than 30 feet from the mean ground elevation.
(9)
The side
and rear lot lines of the property shall be adequately screened with
a thirty-foot-wide landscaped buffer yard.
(10)
In addition to the provisions specified for shopping centers or shopping malls, the general provisions specified under Subsection C of this section shall also apply to shopping centers or shopping malls.
(11)
As part
of the conditional use application, the Board of Commissioners may
attach other reasonable conditions that may be appropriate when considering
the functional design and operation of the uses contained within the
shopping center or shopping mall.
C.
All mini malls,
shopping centers or shopping malls shall comply with the following
general provisions:
(1)
The ownership
of any mini malls, shopping centers or shopping malls shall be under
single ownership, partnership, corporation, or under a guaranteed
unified management control. The shopping center must have at least
one on-site manager or a designated individual whose office is located
within a reasonable distance of Muhlenberg Township, as determined
appropriate by the Board of Commissioners. The owner shall provide
Muhlenberg Township with a complete list of on-site managers or designated
individuals on an annual basis. The list shall include the name, mailing
address and telephone number of each on-site manager or each designated
individual responsible for the daily operation of the mini mall, shopping
center or shopping mall.
(2)
The owner
or manager shall provide a complete list of tenants located within
the mini mall, shopping center or shopping mall on an annual basis.
The list shall include the name of the tenant, business name, mailing
address, telephone number, land use activity and scheduled hours of
operation.
(3)
Unless otherwise
required by the utility company or authority providing service, all
utilities shall be installed underground.
(4)
Unless otherwise
permitted by the Muhlenberg Township Municipal Authority, each use
within the mini mall, shopping center or shopping mall shall have
independent connections for sanitary sewage disposal and water supply.
(5)
All means
of ingress and/or egress shall be located at least 200 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(6)
Interior
accessways shall be designed so as to prevent traffic congestion at
points of ingress and egress. All proposed areas designated for the
loading or unloading of trucks and/or other commercial vehicles shall
be planned and arranged so they may be utilized without interfering
with the interior traffic circulation and parking facilities.
(7)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
(8)
Unless otherwise
permitted by the Board of Commissioners, commercial drive-through
establishments shall be permitted only for planned outparcels, pad
sites or detached buildings that have been considered as part of the
conditional use application and meet all other provisions of the chapter.
(9)
As part of
the conditional use application, the applicant or developer shall
submit the following information for review and consideration.
(a)
A preliminary
utility plan showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site.
(b)
A preliminary
landscaping plan showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(c)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements, the proposed ground elevations,
stormwater management facilities, and other natural or man-made features
of the site.
(d)
Architectural
renderings of the proposed building elevations and plan views.
(e)
A preliminary
lighting plan showing the location and intensity of the proposed lighting
within the property to a point 50 feet beyond the perimeter of the
property line. The proposed lighting for buildings, signs, accessways
and parking areas shall be arranged so they do not reflect towards
any public street or residential zoning districts.
(f)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(g)
An emergency
management plan shall be developed in the event of a catastrophic
event resulting from flooding, fire, snow, ice, earthquake, utility
outage, or other catastrophe. The owner or manager of the mini mall,
shopping center or shopping mall shall provide a copy of the emergency
management plan to each tenant.
(10)
If the
Board of Commissioners approves the conditional use application, a
complete subdivision and land development plan shall be submitted
to Muhlenberg Township for review and consideration. The subdivision
and land development plan shall comply with all conditions of approval
issued as part of the conditional use application as well as all other
provisions specified by the chapter.
A.
Automobile sales and automobile service stations, as further defined under Article II of this chapter, shall be permitted by special exception within the C-3 Zoning District, subject to the appropriate provisions specified within the chapter.
B.
Automobile sales establishments, as further defined under Article II of this chapter, shall comply with the following design standards and specifications:
(1)
A minimum
of five acres of net land area shall be required to accommodate the
use. In addition the appropriate minimum and maximum dimensional requirements
of the C-3 Zoning District shall apply.
(2)
The use shall
be serviced by public sanitary sewage facilities and public water
supply facilities.
(3)
All sales
shall be conducted within an enclosed building which complies with
the appropriate requirements for a commercial establishment within
Muhlenberg Township.
(4)
General service,
maintenance and repair facilities shall be permitted, provided that
they are conducted within an enclosed building which complies with
the appropriate requirements for a commercial establishment within
Muhlenberg Township and that they are considered as accessory uses
to the automobile sales establishment.
(5)
Unless otherwise
permitted by Muhlenberg Township, no outdoor storage of parts, equipment,
lubricants, fuel or other materials used or discarded as part of the
automobile sales establishment shall be permitted.
(6)
All vehicles
stored on the premises for sale shall be in sound running condition
meeting the general inspection and licensing requirements of the Commonwealth
of Pennsylvania.
(7)
All vehicles
that have been brought in for service, maintenance or repair shall
in a state of active repair and shall not be permitted on the premises
for a period of more than 10 consecutive days.
(8)
The demolishing
of vehicles for salvage shall be prohibited.
(9)
Unless otherwise
permitted by Muhlenberg Township, the sale of gasoline shall be prohibited.
(10)
All vehicles sold on the premises shall be stored in an approved off-street parking facility in accordance with the design requirements of Article X of this chapter. All vehicles shall be arranged in an orderly manner and shall be located 10 feet from the street right-of-way and all other property lines.
(11)
As part
of the special exception application, the applicant or developer shall
submit the following information for review and consideration:
(a)
A preliminary
utility plan showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site.
(b)
A preliminary
landscaping plan showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(c)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements, the proposed ground elevations,
stormwater management facilities, and other natural or man-made features
of the site.
(d)
Architectural
renderings of the proposed building elevations and plan views.
(e)
A preliminary
lighting plan showing the location and intensity of the proposed lighting
within the property to a point 50 feet beyond the perimeter of the
property line. The proposed lighting for buildings, signs, accessways
and parking areas shall be arranged so it does not reflect towards
any public street or residential zoning districts.
(f)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(12)
If a special
exception application, a complete land development plan shall be submitted
to Muhlenberg Township for review and consideration. The land development
plan shall comply with all conditions of approval issued as part of
the special exception application as well as all other provisions
specified by the chapter.
C.
Automobile service stations, as further defined under Article II of this chapter, shall comply with the following design standards and specifications:
(1)
A minimum
of two acres of net land area shall be required to accommodate the
use. In addition, the appropriate minimum and maximum dimensional
requirements of the C-3 Zoning District shall apply.
(2)
The use shall
be serviced by public sanitary sewage facilities and public water
supply facilities.
(3)
All general
service, maintenance and repair facilities shall be permitted, provided
that they are conducted within an enclosed building which complies
with the appropriate requirements for a commercial establishment within
Muhlenberg Township and that they are considered as accessory uses
to the automobile service station.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
The sale
of gasoline, diesel fuel, kerosene or other petroleum products shall
be permitted, subject to the following criteria.
(a)
The maximum
number of fueling pumps shall be limited to 12 fuel pumps or 24 fueling
positions.
(b)
The canopy
covering the fuel pumps shall not exceed 20 feet from ground level
at its highest point and shall be of a peak-roof design. The Zoning
Hearing Board may permit a greater canopy height up to 30 feet, if
the design of the canopy is considered as architectural enhancement.
(c)
All proposed
fueling positions shall be located at least 50 feet from any property
line, including the legal and ultimate right-of-way line.
(d)
The total
area of the canopy shall not exceed 10,000 square feet. In addition,
the canopy shall be considered as part of the building coverage calculations.
(e)
During
non-daylight hours of operation, overhead lighting under the canopy
shall illuminate all fueling positions. The canopy lighting shall
be located on the undersurface (ceiling) of the canopy and shall be
limited to flush lens fixtures mounted on the canopy ceiling. Drop
lens fixtures shall be prohibited. Up-lens lighting fixtures mounted
on the canopy structure above the level of gas pumps are permitted
if they have the effect of reducing glare from the lighting fixtures
mounted on the canopy ceiling. All such canopy lighting over fuel-dispensing
positions shall not exceed an average of 35 maintained footcandles.
(f)
In no
case shall illumination exceed 0.5 footcandle measured at the property
lines, except at driveway entrances, provided the illumination at
the cartway center line of the contiguous street shall not exceed
1.0 footcandle, unless a more stringent standard is ordered by the
Board under the circumstances of each application.
(5)
Unless otherwise
permitted by Muhlenberg Township, no outdoor storage of parts, equipment,
lubricants, fuel or other materials used or discarded as part of the
automobile service establishment shall be permitted.
(6)
All vehicles
that have been brought in for service, maintenance or repair shall
be in a state of active repair and shall not be permitted on the premises
for a period of more than 10 consecutive days.
(7)
The demolishing
of vehicles for salvage shall be prohibited.
(8)
Car washing
facilities and services shall be permitted, provided that the facilities
are designed in accordance with the following criteria:
(a)
Gray water
recycling and treatment equipment is incorporated as part of the facility
operations. All such equipment shall include provisions for the collection
of waste, grease, oil, soap, wax and other materials that cannot be
recycled or utilized as part of the operations.
(b)
A stacking
or pre-service lane, measuring at least 20 feet in width and 70 feet
in length, shall be provided for each car washing bay or unit. Alternative
designs may be accepted by the Zoning Hearing Board, provided that
the design does not interfere with internal or external traffic patterns.
(c)
A post-washing
drying area is provided for two vehicles per car-washing bay or unit.
(d)
All structures
housing washing apparatuses shall be set back at least 50 feet from
any property line, including the legal and ultimate right-of-way line.
(9)
All off-street parking and loading facilities shall be located, designed and constructed in accordance with the requirements of Article X of this chapter.
(10)
As part
of the special exception application, the applicant or developer shall
submit the following information for review and consideration:
(a)
A preliminary
utility plan showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site.
(b)
A preliminary
landscaping plan showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(c)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements, the proposed ground elevations,
stormwater management facilities, and other natural or man-made features
of the site.
(d)
Architectural
renderings of the proposed building elevations and plan views.
(e)
A preliminary
lighting plan, showing the location and intensity of the proposed
lighting within the property to a point 50 feet beyond the perimeter
of the property line. The proposed lighting for buildings, signs,
accessways and parking areas shall be arranged so it does not reflect
towards any public street or residential zoning districts.
(f)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(g)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. At a minimum,
the EIA report shall consider the adverse impacts of fuel spills,
tank leaks, groundwater and surface water contamination, air quality,
noise, lighting and other adverse impacts considered critical by the
Zoning Hearing Board. The EIA report should identify how the potential
adverse impact will be mitigated and/or prevented.
(11)
If a special
exception application, a complete land development plan shall be submitted
to Muhlenberg Township for review and consideration. The land development
plan shall comply with all conditions of approval issued as part of
the special exception application as well as all other provisions
specified by the chapter.
A.
Office and business parks, as further defined under Article II of this chapter, shall be permitted by conditional use within the I-1 and I-2 Zoning Districts, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to the uses contained
within office and business parks:
(1)
A minimum
of 10 acres of contiguous net land area shall be required to accommodate
all of the uses within an office and business park.
(2)
Each use
shall be serviced by public sanitary sewage facilities and public
water supply facilities. Unless otherwise permitted by the Muhlenberg
Township Municipal Authority, each use shall have independent connections
for sanitary sewage disposal and water supply.
(3)
The permitted
uses within an office and business park shall be limited to: professional
offices; banks or financial institutions; governmental offices; municipal
uses; medical or dental offices; and other similar office uses, as
determined by the Muhlenberg Township Zoning Officer.
(4)
Subordinate
uses within the office and business park shall be limited to: restaurants
or cafeterias; retail sales establishments; personal care or service
establishments; convention centers; day-care facilities; adult day-care
facilities; recreational uses; educational uses; and other similar
uses that are determined appropriate by the Board of Commissioners.
The cumulative gross floor area for all such accessory uses shall
not occupy more than 20% of the cumulative gross floor area of all
uses within the office and business park. The accessory uses shall
be considered subordinate uses that directly benefit the primary uses
within the office and business park.
(5)
Drive-through
establishments shall be a prohibited use within an office and business
park.
(6)
Unless otherwise
specified within this chapter or approved by the Board of Commissioners
as part of the conditional use application, the following minimum
and maximum dimensional requirements shall apply to each principal
use within the office and business park:
(a)
The minimum
net lot area shall be one acre per lot.
(b)
The minimum
lot width shall be 200 feet per lot.
(c)
The front-yard
setback shall be at least 60 feet, as measured from the ultimate right-of-way
line.
(d)
The side-yard
setback shall be at least 30 feet for each side.
(e)
The rear-yard
setback shall be at least 50 feet.
(f)
Each building
occupying a permitted use shall be located at least 100 feet from
an existing lot containing an existing residential use.
(g)
The maximum
height of the buildings shall be no more than 50 feet.
(h)
The maximum
building coverage shall be no more than 40% of the approved lot.
(i)
The maximum
lot coverage shall be no more than 60% of the approved lot.
(7)
Office or
nonresidential condominiums may be permitted on an individual lot
within the office and business park, provided that each use is a permitted
use as described in this section of the chapter. The permitted uses
shall be designed as self-contained structures without common facilities,
which comply with all pertinent requirements of the Muhlenberg Township
Code. In addition to these requirements, the following provisions
shall apply to office or nonresidential condominiums:
(a)
The ownership
of office condominiums shall be under single ownership, partnership,
corporation, or under a guaranteed unified management control. The
office condominiums must have at least one on-site manager or a designated
individual whose office is located within a reasonable distance of
Muhlenberg Township, as determined appropriate by the Board of Commissioners.
The owner shall provide Muhlenberg Township with a complete list of
on-site managers or designated individuals on an annual basis. The
list shall include the name, mailing address and telephone number
of each on-site manager or each designated individual responsible
for the daily operation of all uses within the office or nonresidential
condominiums.
(b)
The owner
or manager shall provide a complete list of tenants located within
the office or nonresidential condominium on an annual basis. The list
shall include the name of the tenant, business name, mailing address,
telephone number, land use activity and scheduled hours of operation.
(8)
All uses
within the office and business park shall be harmoniously planned
as a nonresidential community. As part of the conditional use application,
the applicant or developer shall identify the nonresidential uses
and demonstrate how these uses can be amicably planned considering
their architectural appearance.
(9)
Unless otherwise
required by the utility company or authority providing service, all
uses within the office and business park shall have individual utility
connections, which shall be installed underground.
(10)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter. The total number of off-street parking spaces shall meet or exceed the cumulative total for all uses within the office and business park. As part of the conditional use application, the Board of Commissioners may permit a reduction of 10% of the required cumulative total of off-street parking spaces, provided the applicant or developer demonstrates that the uses will not generate additional off-street parking demands from employees, visitors and patrons during peak operational hours.
(11)
All proposed signs for each use within the office and business park shall comply with the provisions specified under Article XI of this chapter. In addition to these signs, no more than one common on-premises freestanding sign shall be permitted along each street on which the office and business park has frontage and shall not exceed 200 square feet per side. No portion of the common on-premises freestanding sign shall be less than 10 feet or greater than 30 feet from the mean ground elevation.
(12)
The side
and rear lot lines of the development shall be adequately screened
with a twenty-foot-wide landscaped buffer yard.
(13)
All means
of ingress and/or egress shall be located at least 300 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(14)
Interior
accessways shall be designed so as to prevent traffic congestion at
points of ingress and egress. All proposed areas designated for the
loading or unloading of trucks and/or other commercial vehicles shall
be planned and arranged so they may be utilized without interfering
with the interior traffic circulation and parking facilities.
(15)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
C.
As part of the
conditional use application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A preliminary
utility plan, showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site.
(2)
A preliminary
landscaping plan, showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(3)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements, the proposed ground elevations,
stormwater management facilities, and other natural or man-made features
of the site.
(4)
Architectural
renderings of the proposed building elevations and plan views.
(5)
A preliminary
lighting plan showing the location and intensity of the proposed lighting
within the property to a point 50 feet beyond the perimeter of the
property line. The proposed lighting for buildings, signs, accessways
and parking areas shall be arranged so it does not reflect towards
any public street or residential zoning districts.
(6)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(7)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
D.
If the Board
of Commissioners approves the conditional use application, a complete
subdivision and land development plan shall be submitted to Muhlenberg
Township for review and consideration. The subdivision and land development
plan shall comply with all conditions of approval issued as part of
the conditional use application as well as all other provisions specified
by the chapter.
A.
Medical research parks, as further defined under Article II of this chapter, shall be permitted by conditional use within the I-1 and I-2 Zoning Districts, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to the uses contained
within medical research parks:
(1)
A minimum
of 10 acres of contiguous net land area shall be required to accommodate
all of the uses within a medical research park.
(2)
Each use
shall be serviced by public sanitary sewage facilities and public
water supply facilities. Unless otherwise permitted by the Muhlenberg
Township Municipal Authority, each use shall have independent connections
for sanitary sewage disposal and water supply.
(3)
The permitted
uses within a medical research park shall be limited to: hospitals
or medical centers; laboratories and research facilities; rehabilitation
centers; physical therapy facilities; medical or dental offices; emergency
management services and facilities; heliports or helistops; municipal
uses; and other similar office uses, as determined by the Muhlenberg
Township Zoning Officer.
(4)
Subordinate
uses within the medical research park shall be limited to: restaurants
or cafeterias; professional offices; retail sales establishments;
banks or financial institutions; personal care or service establishments;
convention centers; day-care facilities; adult day-care facilities;
recreational uses; educational uses; religious uses; and other similar
uses that are determined appropriate by the Board of Commissioners.
The cumulative gross floor area for all such accessory uses shall
not occupy more than 20% of the cumulative gross floor area of all
uses within the medical research parks. The accessory uses shall be
considered subordinate uses that directly benefit the primary uses
within the medical research park.
(5)
Drive-through
facilities and establishments shall be prohibited uses within a medical
research park.
(6)
Unless otherwise
specified within this chapter or approved by the Board of Commissioners
as part of the conditional use application, the following minimum
and maximum dimensional requirements shall apply to each principal
use within the medical research park:
(a)
The minimum
net lot area shall be one acre per lot.
(b)
The minimum
lot width shall be 200 feet per lot.
(c)
The front-yard
setback shall be at least 60 feet, as measured from the ultimate right-of-way
line.
(d)
The side-yard
setback shall be at least 30 feet for each side.
(e)
The rear-yard
setback shall be at least 50 feet.
(f)
Each building
occupying a permitted use shall be located at least 100 feet from
an existing lot containing an existing residential use.
(g)
The maximum
height of the buildings shall be no more than 50 feet.
(h)
The maximum
building coverage shall be no more than 40% of the approved lot.
(i)
The maximum
lot coverage shall be no more than 60% of the approved lot.
(7)
Office or
nonresidential condominiums may be permitted on an individual lot
within the medical research park, provided that each use is a permitted
use as described in this section of the chapter. The permitted uses
shall be designed as self-contained structures without common facilities
which comply with all pertinent requirements of the Muhlenberg Township
Code. In addition to these requirements, the following provisions
shall apply to office or nonresidential condominiums:
(a)
The ownership
of office condominiums shall be under single ownership, partnership,
corporation or under a guaranteed unified management control. The
office condominiums must have at least one on-site manager or a designated
individual whose office is located within a reasonable distance of
Muhlenberg Township, as determined appropriate by the Board of Commissioners.
The owner shall provide Muhlenberg Township with a complete list of
on-site managers or designated individuals on an annual basis. The
list shall include the name, mailing address and telephone number
of each on-site manager or each designated individual responsible
for the daily operation of the office or nonresidential condominiums.
(b)
The owner
or manager shall provide a complete list of tenants located within
office or nonresidential condominium on an annual basis. The list
shall include the name of the tenant, business name, mailing address,
telephone number, land use activity and scheduled hours of operation.
(8)
All uses
within the medical research park shall be harmoniously planned as
a nonresidential community. As part of the conditional use application,
the applicant or developer shall identify the nonresidential uses
and demonstrate how these uses can be amicably planned considering
their architectural appearance.
(9)
Unless otherwise
required by the utility company or authority providing service, all
uses within the medical research park shall have individual utility
connections and shall be installed underground.
(10)
The off-street parking spaces shall be designed to comply with the provisions specified under Article X of this chapter. The total number of off-street parking spaces shall meet or exceed the cumulative total for all uses within the medical research park. As part of the conditional use application, the Board of Commissioners may permit a reduction of 10% of the required cumulative total of off-street parking spaces, provided the applicant or developer demonstrates that the uses will not generate additional off-street parking demands from employees, visitors and patrons during peak operational hours.
(11)
All proposed signs for each use within the medical research park shall comply with the provisions specified under Article XI of this chapter. In addition to these signs, no more than one common on-premises freestanding sign shall be permitted along each street on which the medical research park has frontage and shall not exceed 200 square feet per side. No portion of the common on-premises freestanding sign shall be less than 10 feet or greater than 30 feet from the mean ground elevation.
(12)
The side
and rear lot lines of the development shall be adequately screened
with a twenty-foot-wide landscaped buffer yard.
(13)
All means
of ingress and/or egress shall be located at least 300 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(14)
Interior
accessways shall be designed so as to prevent traffic congestion at
points of ingress and egress. All proposed areas designated for the
loading or unloading of trucks, emergency vehicles and/or other commercial
vehicles shall be planned and arranged so they may be utilized without
interfering with the interior traffic circulation and parking facilities.
(15)
All designated
points of ingress and egress for emergency management vehicles shall
be designed to consider traffic volumes on existing streets and adjacent
residential uses.
(16)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
(17)
All medical
waste, biohazardous materials, equipment, red bag waste, and other
similar items, which because of their potential health risks shall
be discarded in a manner specified by local, state and federal laws.
C.
As part of the
conditional use application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A preliminary
utility plan showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site.
(2)
A preliminary
landscaping plan showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(3)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements, the proposed ground elevations,
stormwater management facilities, and other natural or man-made features
of the site.
(4)
Architectural
renderings of the proposed building elevations and plan views.
(5)
A preliminary
lighting plan showing the location and intensity of the proposed lighting
within the property to a point 50 feet beyond the perimeter of the
property line. The proposed lighting for buildings, signs, accessways
and parking areas shall be arranged so they do not reflect towards
any public street or residential zoning districts.
(6)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(7)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
D.
If the Board
of Commissioners approves the conditional use application, a complete
subdivision and land development plan shall be submitted to Muhlenberg
Township for review and consideration. The subdivision and land development
plan shall comply with all conditions of approval issued as part of
the conditional use application as well as all other provisions specified
by the chapter.
A.
Industrial parks, as further defined under Article II of this chapter, shall be permitted by conditional use in the I-1 and I-2 Zoning Districts, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to the uses contained
within industrial parks:
(1)
A minimum
of 10 acres of contiguous net land area shall be required to accommodate
all of the uses within an industrial park.
(2)
Each use
shall be serviced by public sanitary sewage facilities and public
water supply facilities. Unless otherwise permitted by the Muhlenberg
Township Municipal Authority, each use shall have independent connections
for sanitary sewage disposal and water supply.
(3)
The permitted
uses within an industrial park shall be limited to: manufacturing
facilities; wholesale and distribution facilities; fabrication and
finishing facilities; professional offices; banks or financial institutions;
governmental offices; municipal uses; and other similar office uses,
as determined by the Muhlenberg Township Zoning Officer.
(4)
Subordinate
uses within the industrial park shall be limited to: restaurants or
cafeterias; retail sales establishments; personal care or service
establishments; convention centers; recreational uses; educational
uses; and other similar uses that are determined appropriate by the
Board of Commissioners. The cumulative gross floor area for all such
accessory uses shall not occupy more than 20% of the cumulative gross
floor area of all uses within the industrial park. The accessory uses
shall be considered subordinate uses that directly benefit the primary
uses within the industrial park.
(5)
Drive-through
establishments shall be a prohibited use within an industrial park.
(6)
Unless otherwise
specified within this chapter or approved by the Board of Commissioners
as part of the conditional use application, the following minimum
and maximum dimensional requirements shall apply to each principal
use within the industrial park:
(a)
The minimum
net lot area shall be three acres per lot.
(b)
The minimum
lot width shall be 250 feet per lot.
(c)
The front-yard
setback shall be at least 60 feet, as measured from the ultimate right-of-way
line.
(d)
The side-yard
setback shall be at least 40 feet for each side.
(e)
The rear-yard
setback shall be at least 50 feet.
(f)
Each building
occupying a permitted use shall be located at least 150 feet from
an existing lot containing an existing residential use.
(g)
The maximum
height of the buildings shall be no more than 75 feet.
(h)
The maximum
building coverage shall be no more than 40% of the approved lot.
(i)
The maximum
lot coverage shall be no more than 60% of the approved lot.
(7)
Office or
nonresidential condominiums may be permitted on an individual lot
within the industrial park, provided that each use is a permitted
use as described in this section of the chapter. The permitted uses
shall be designed as self-contained structures without common facilities
which comply with all pertinent requirements of the Muhlenberg Township
Code. In addition to these requirements, the following provisions
shall apply to office condominiums:
(a)
The ownership
of office condominiums shall be under single ownership, partnership,
corporation, or under a guaranteed unified management control. The
office condominiums must have at least one on-site manager or a designated
individual whose office is located within a reasonable distance of
Muhlenberg Township, as determined appropriate by the Board of Commissioners.
The owner shall provide Muhlenberg Township with a complete list of
on-site managers or designated individuals on an annual basis. The
list shall include the name, mailing address and telephone number
of each on-site manager or each designated individual responsible
for the daily operation of all uses within the office or nonresidential
condominiums.
(b)
The owner
or manager shall provide a complete list of tenants located within
an office or nonresidential condominium on an annual basis. The list
shall include the name of the tenant, business name, mailing address,
telephone number, land use activity and scheduled hours of operation.
(8)
All uses
within the industrial park shall be harmoniously planned as a nonresidential
community. As part of the conditional use application, the applicant
or developer shall identify the nonresidential uses and demonstrate
how these uses can be amicably planned, considering their architectural
appearance.
(9)
Unless otherwise
required by the utility company or authority providing service, all
uses within the industrial park shall have individual utility connections,
which shall be installed underground.
(10)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter. The total number of off-street parking spaces shall meet or exceed the cumulative total for all uses within the industrial park. As part of the conditional use application, the Board of Commissioners may permit a reduction of 10% of the required cumulative total of off-street parking spaces, provided the applicant or developer demonstrates that the uses will not generate additional off-street parking demands from employees, visitors and patrons during peak operational hours.
(11)
All proposed signs for each use within the industrial park shall comply with the provisions specified under Article XI of this chapter. In addition to these signs, no more than one common on-premises freestanding sign shall be permitted along each street on which the office and business park has frontage and shall not exceed 200 square feet per side. No portion of the common on-premises freestanding sign shall be less than 10 feet or greater than 30 feet from the mean ground elevation.
(12)
The side
and rear lot lines of the development shall be adequately screened
with a twenty-five-foot-wide landscaped buffer yard.
(13)
All means
of ingress and/or egress shall be located at least 300 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(14)
Interior
accessways shall be designed so as to prevent traffic congestion at
points of ingress and egress. All proposed areas designated for the
loading or unloading of trucks and/or other commercial vehicles shall
be planned and arranged so they may be utilized without interfering
with the interior traffic circulation and parking facilities.
(15)
All designated
points of ingress and egress for truck traffic shall be designed to
consider traffic volumes on existing streets, limitations associated
with turning movements and all adjacent residential uses.
(16)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
C.
As part of the
conditional use application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A preliminary
utility plan, showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site.
(2)
A preliminary
landscaping plan, showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(3)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements, the proposed ground elevations,
stormwater management facilities, and other natural or man-made features
of the site.
(4)
Architectural
renderings of the proposed building elevations and plan views.
(5)
A preliminary
lighting plan, showing the location and intensity of the proposed
lighting within the property to a point 50 feet beyond the perimeter
of the property line. The proposed lighting for buildings, signs,
accessways and parking areas shall be arranged so they do not reflect
towards any public street or residential zoning districts.
(6)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(7)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
D.
If the Board
of Commissioners approves the special exception application, a complete
subdivision and land development plan shall be submitted to Muhlenberg
Township for review and consideration. The subdivision and land development
plan shall comply with all conditions of approval issued as part of
the special exception application as well as all other provisions
specified by the chapter.
A.
Adult business and entertainment uses, as further defined under Article II of this chapter, shall be a permitted use by special exception within the C-3 and I-2 Zoning Districts, subject to the appropriate provisions specified within the chapter.
B.
The following
standards and specifications shall apply to adult businesses and adult
entertainment uses:
(1)
No adult
business or entertainment use shall be located within 500 feet of
any residential zoning district, as measured from the property line
to the residential zoning district line.
(2)
No adult
business or entertainment use shall be located within 1,000 feet of
any religious uses, educational uses, day-care facilities and recreational
uses, as measured from the property line.
(3)
No adult
business or entertainment use shall be located within 3,000 feet of
an existing adult business or entertainment use, as measured from
the property line.
(4)
Unless otherwise
specified within this chapter or required by the Zoning Hearing Board
as part of the special exception application, the following minimum
and maximum dimensional requirements shall apply to each adult business
or entertainment use:
(a)
The minimum
net lot area shall be one acre per lot.
(b)
The minimum
lot width shall be 150 feet per lot.
(c)
The front-yard
setback shall be at least 60 feet, as measured from the ultimate right-of-way
line.
(d)
The side-yard
setback shall be at least 40 feet for each side.
(e)
The rear-yard
setback shall be at least 50 feet.
(f)
The maximum
height of the buildings shall be no more than 35 feet.
(g)
The maximum
building coverage shall be no more than 30% of the approved lot.
(h)
The maximum
lot coverage shall be no more than 50% of the approved lot.
(5)
All storage
and displays shall be located within the building occupying the adult
business or entertainment use.
(6)
All business
transactions that are conducted on the premises shall be within an
enclosed building. All adult business uses may operate between the
hours of 9:00 a.m. and 11:00 p.m.
(7)
All applications
for adult business or entertainment uses shall be accompanied by a
land development plan. The minimum information required on the site
plan shall include:
(a)
The proposed
nature of the adult business or entertainment use.
(b)
Architectural
renderings of the proposed building elevations and plan views.
(c)
The location
and elevation of all buildings, structures, walls, fences and landscaping
on the property.
(d)
Off-street
parking areas, loading areas and traffic circulation patterns.
(e)
The location,
dimensions and content of all signs, displays and advertising.
(f)
A land
use survey of all uses located within a one-thousand-foot radius of
the property.
(8)
All applications
for adult business and entertainment uses shall include a statement
providing specific information on each individual, partner, store
manager(s), corporate officer, corporate director or corporate stockholders
owning more than 3% of the issued and outstanding stock of a corporate
applicant. At a minimum, the applicant shall identify the complete
name, business address and telephone number.
(9)
In the event
of the proposed sale, resale or reassignment of interest of an adult
business or entertainment use established under the terms of this
chapter, the Board of Supervisors and Zoning Officer shall be notified
of such proposed change of ownership. Such notification shall include
the documentation required by this section of the chapter. Failure
to notify the Board of Supervisors and Zoning Officer shall constitute
a violation of this chapter, which could lead to grounds for the termination
or revocation of the use.
(10)
The following
requirements pertaining to signs and other visual displays shall apply
to each adult business or entertainment uses:
(a)
The exterior
of the building may include one wall sign or parallel sign identifying
the name of the adult business or entertainment use, which shall not
exceed 20 square feet in size.
(b)
Freestanding
signs, banners, directional signs, illuminated signs, portable signs,
roof signs, seasonal signs and billboards shall be prohibited on the
property.
(c)
Window
signs shall be limited to 25% of the total window area and shall not
include any graphic or pictorial depiction of material related to
specific sexual activities or anatomical areas.
(d)
Advertisements,
displays or other promotional materials related to specific sexual
activities or anatomical area shall not be shown or exhibited so as
to be visible to the public from the exterior of the building.
(11)
The entrance
of the adult business should include a sign warning all individuals
that the premises is classified as an adult business use and/or adult
entertainment use.
C.
If the Zoning
Hearing Board approves the conditional use application, a complete
subdivision and land development plan shall be submitted to Muhlenberg
Township for review and consideration. The subdivision and land development
plan shall comply with all conditions of approval issued as part of
the conditional use application as well as all other provisions specified
by the chapter.
A.
Commercial campgrounds, as further defined under Article II of this chapter, shall be permitted by special exception within the C-3, I-1 and SA-1 Zoning Districts, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to the uses contained
within a commercial campground:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
A minimum
of 10 acres of contiguous net land area shall be required to accommodate
all of the uses within a commercial campground.
(2)
All facilities
within the commercial campgrounds shall be serviced by public sanitary
sewage facilities and public water supply facilities. Unless otherwise
permitted by the Muhlenberg Township Municipal Authority, each use
shall have independent connections for sanitary sewage disposal and
water supply.
(3)
The permitted
uses within the commercial campground shall be limited to: one single-family
detached unit; one retail store with sales limited to items for the
convenience of campers; and accessory structures, including an office,
maintenance buildings and storage areas.
(4)
Subordinate
uses within the commercial campground shall be limited to cafeterias,
recreational uses, educational uses, and other similar uses that are
determined appropriate by the Zoning Hearing Board. The accessory
uses shall be considered subordinate uses that directly benefit the
visitors of the commercial campground.
(5)
Unless otherwise
specified within this chapter or approved by the Zoning Hearing Board
as part of the special exception application, the following minimum
and maximum dimensional requirements shall apply to each permanent
use within the commercial campground:
(a)
The minimum
lot width for the commercial campground shall be 300 feet.
(b)
The front-yard
setback shall be at least 100 feet, as measured from the ultimate
right-of-way line.
(c)
The side-yard
setback shall be at least 100 feet for each side.
(d)
The rear-yard
setback shall be at least 100 feet.
(e)
Common
facilities and uses within the commercial campgrounds shall be located
at least 200 feet from an existing lot containing an existing residential
use.
(f)
The maximum
height of the buildings shall be no more than 35 feet.
(g)
The maximum
building coverage shall be no more than 25% of the approved parcel
of land.
(h)
The maximum
lot coverage shall be no more than 40% of the approved parcel of land.
(6)
No temporary
or permanent campsite shall be located closer than 100 feet from any
adjoining property line or street right-of-way line.
(7)
All uses
within the commercial campsite shall be harmoniously planned as a
community for vacation, retreats and temporary occupancy. As part
of the special exception application, the applicant or developer shall
identify the locations of all permanent and temporary uses and demonstrate
how these uses can be amicably planned, considering their function
and appearance.
(8)
Campsites
for tents shall be limited to 20 tents per acre.
(9)
Campsites
for recreational vehicles shall be limited to 10 pads or sites per
acre.
(10)
The minimum
area of a campsite shall be 1,500 square feet and shall be so dimensioned,
improved and arranged that, when occupied, no part of any unit, including
accessory attachments, shall be within 10 feet of any designated campsite.
(11)
Roads and
accessways shall be provided in such a manner so that ingress and
egress for each campsite lot can be had without encroaching or entering
upon any other campsite lot.
(12)
Each campsite
shall be occupied by only one camping unit, which may include a tent,
trailer or camper.
(13)
Other than
the approved utility provisions, no permanent structures shall be
permitted on any campsite lot.
(14)
Occupancy
at a campsite shall only be permitted between the months of February
through November. All camping units unoccupied for a period of 72
hours shall not be permitted to remain on the campsite. Occupancy
at a campsite shall not be permitted in the months of December and
January.
(15)
Recreational
vehicles shall not be stored on the grounds of the commercial campgrounds
for a period of 30 consecutive days or 60 cumulative days within a
calendar year.
(16)
No part
of any campground area shall be used for nonresidential purposes,
except those purposes required for serving the well-being of the campground
customers and for the management and maintenance of the campground.
(17)
A fire
prevention and protection plan shall be developed by the applicant
or developer and submitted to the local fire chief having jurisdiction
for consideration.
(18)
Unless
otherwise required by the utility company or authority providing service,
all uses within the commercial campgrounds shall have individual utility
connections, which shall be installed underground.
(19)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter. The total number of off-street parking spaces shall meet or exceed the cumulative total for all uses within the commercial campground.
(20)
All proposed signs for commercial campground shall comply with the provisions specified under Article XI of this chapter.
(21)
All perimeter
boundary lines of the commercial campground shall be adequately screened
with a fifty-foot-wide landscaped buffer yard.
(22)
All means
of ingress and/or egress shall be located at least 300 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(23)
Interior
accessways shall be designed so as to prevent traffic congestion at
points of ingress and egress. All proposed areas designated for the
loading or unloading of recreation vehicle, camper and/or other commercial
vehicles shall be planned and arranged so they may be utilized without
interfering with the interior traffic circulation and parking facilities.
(24)
All designated
points of ingress and egress for truck traffic shall be designed to
consider traffic volumes on existing streets, limitations associated
with turning movements and all adjacent residential uses.
(25)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 100 feet from any lot line.
C.
As part of the
special exception application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A preliminary
utility plan showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site.
(2)
A preliminary
landscaping and grading plan shall be developed to identify the limits
of disturbance for all municipal site improvements, the proposed ground
elevations, stormwater management facilities, buffer yards, landscaping
improvements, and other natural or man-made features of the site.
(3)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(4)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
D.
If the Zoning
Hearing Board approves the special exception application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the special exception
application as well as all other provisions specified by the chapter.
A.
Commercial drive-through establishments, as further defined under Article II of this chapter, shall be permitted by conditional use within the C-2 and C-3 Zoning Districts, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to the uses contained
within commercial drive-through establishments:
(1)
A minimum
of 25,000 square feet of contiguous net land area shall be required
to accommodate all of the facilities within a commercial drive-through
establishment. In addition, the minimum and maximum dimensional requirements
for a commercial drive-through establishment, as specified by the
C-2 and C-3 Zoning Districts, shall apply.
(2)
Commercial
drive-through establishments shall be limited to: restaurants; banks
or financial institutions; car washes; personal service establishments;
retail uses; and other similar uses, as determined by the Muhlenberg
Township Zoning Officer.
(3)
The commercial
drive-through establishment shall be serviced by public sanitary sewage
facilities and public water supply facilities.
(4)
The principal
buildings and vehicular service lanes for the commercial drive-through
establishments shall be located at least 100 feet from an existing
residential use or residential zoning district.
(5)
The side
and rear lot lines of the commercial drive-through establishment shall
be adequately screened with a ten-foot-wide landscaped buffer yard.
The Board of Commissioners may accept an alternative design if such
alternative design provides an appropriate buffer between properties.
(6)
Unless otherwise
required by the utility company or authority providing service, all
utility connections shall be installed underground.
(7)
All proposed
points of vehicular ingress and/or egress shall be located at least
300 feet from any intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. An existing driveway may be
utilized for vehicular ingress and egress, provided that the existing
driveway is located at least 125 feet from any intersecting street
and has sufficient sight distance.
(8)
The applicant
or developer shall be responsible for the purchase and installation
of any traffic control devices and the construction of additional
acceleration and/or deceleration lanes as may be required by the Pennsylvania
Department of Transportation or Muhlenberg Township.
(9)
Interior
accessways shall be designed so as to prevent traffic congestion at
points of ingress and egress. All proposed areas designated for the
loading or unloading of trucks and/or other commercial vehicles shall
be planned and arranged so they may be utilized without interfering
with the interior traffic circulation and parking facilities.
(10)
A stacking
or pre-service lane shall be provided for the commercial drive-through
facility, meeting the following dimensional criteria:
(a)
The stacking
or pre-service lane shall be at least 12 feet in width and 80 feet
in length for a single service lane or bay.
(b)
The stacking
or pre-service lanes shall be at least 12 feet in width and 60 feet
in length for multiple service lanes or bays.
(c)
Alternative
designs may be considered by the Board of Commissioners, provided
that the design does not interfere with internal or external traffic
patterns.
(11)
All designated
points of ingress and egress for all vehicles shall be designed to
consider traffic volumes on existing streets and adjacent uses.
(12)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter.
(13)
All proposed signs for the commercial drive-through establishment shall comply with the provisions specified under Article XI of this chapter.
(14)
Exterior
storage areas for trash and rubbish shall be properly screened with
secure fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 10 feet from any lot line.
(15)
All exterior
speaker, microphone or intercom systems shall be designed in a manner
so the messages, music or other audible sounds are reduced by 75%
from the source to any property line.
(16)
The lighting
facilities shall be designed in a manner so the illumination does
not exceed 0.5 footcandle as measured at the property lines, except
at driveway entrances, provided the illumination at the cartway center
line of the contiguous street shall not exceed 1.0 footcandle.
C.
As part of the
conditional use application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A preliminary
utility plan, showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site.
(2)
A preliminary
landscaping plan, showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(3)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements, the proposed ground elevations,
stormwater management facilities, and other natural or man-made features
of the site.
(4)
Architectural
renderings of the proposed building elevations and plan views.
(5)
A preliminary
lighting plan, showing the location and intensity of the proposed
lighting within the property to a point 50 feet beyond the perimeter
of the property line. The proposed lighting for buildings, signs,
accessways and parking areas shall be arranged so it does not reflect
towards any public street or residential zoning districts.
(6)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(7)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
D.
If the Board
of Commissioners approves the conditional use application, a complete
subdivision and land development plan shall be submitted to Muhlenberg
Township for review and consideration. The subdivision and land development
plan shall comply with all conditions of approval issued as part of
the conditional use application as well as all other provisions specified
by the chapter.
A.
Commercial water resource uses, as further defined under Article II of this chapter, shall be permitted by conditional use within the I-1 and SA-1 Districts, subject to the appropriate provisions specified within the chapter.
B.
Commercial water
resource uses shall be limited to: groundwater extraction and exportation
operations; surface water extraction and exportation operations; bottling
and distribution facilities; and other similar uses as determined
by the Muhlenberg Township Zoning Officer.
C.
The following
design standards and specifications shall apply to the uses contained
within commercial water resource uses:
(1)
A minimum
of 10 acres of contiguous net land area shall be required to accommodate
all of the operational facilities within a commercial water resource
use.
(2)
The commercial
water resource use shall be approved and permitted by the appropriate
local, state and federal regulatory agencies.
(3)
The commercial
water resource use shall be serviced by public sanitary sewage facilities
and public water supply facilities.
(4)
Unless otherwise
permitted by Muhlenberg Township, all facility operations, uses, intake
devices, wells, pumps, storage tanks and principal buildings associated
with the commercial water resource use shall be located at least 200
feet from all external property lines.
(5)
Unless otherwise
permitted by Muhlenberg Township and the Muhlenberg Township Municipal
Authority, all facility operations, uses, intake devices, wells, pumps,
storage tanks and principal buildings associated with the commercial
water resource use shall be located at least 2,500 feet from all existing
production wells or intake devices utilized for public water supply.
(6)
The perimeter
of the property shall be completely enclosed by a security fence,
which shall be eight feet in height.
(7)
Unless otherwise
required by the utility company or authority providing service, all
utility connections shall be installed underground.
(8)
All means
of ingress and/or egress shall be located at least 300 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(9)
All designated
points of ingress and egress for truck traffic shall be designed to
consider traffic volumes on existing streets, limitations associated
with turning movements and all adjacent residential uses.
(10)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter.
(11)
All proposed signs for the commercial water resource use shall comply with the provisions specified under Article XI of this chapter.
(12)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
D.
As part of the
conditional use application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A complete
hydrological report, analysis and impact plan of the surface water
and groundwater conditions which meets the following objectives and
requirements shall be prepared by a professional hydrogeologist:
(a)
The professional
hydrogeologist preparing the report shall certify that the commercial
water resource use shall be supplied by a continuous safe daily yield
which will not adversely affect the quantity or quality of the surface
water and groundwater table within 2,000 feet of the source of extraction.
(b)
If appropriate,
a dynamic recovery rate and draw-down tests shall be conducted by
the professional hydrogeologist preparing the report to determine
the maximum safe daily yield of the commercial water resource operations.
(c)
All such
applications for the commercial water resource use shall demonstrate
that the adjacent public and private water supply sources will not
adversely be affected by discontinued use, contamination, loss of
supply, or the ability to properly recharge over time.
(d)
The professional
hydrogeologist preparing the report shall consult with the Muhlenberg
Township Engineer and Zoning Officer prior to commencement of the
background studies to determine if other conditions should be analyzed
as part of the report.
(e)
The hydrological
report, analysis and impact plan shall be subject to the review of
the Muhlenberg Township Engineer or other professional consultant(s)
qualified to render an opinion on the information submitted on behalf
of the applicant.
(2)
A preliminary
utility plan showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site.
(3)
A preliminary
landscaping plan showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(4)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all municipal site improvements, the proposed ground elevations,
stormwater management facilities, and other natural or man-made features
of the site.
(5)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(6)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
E.
If the Board
of Commissioners approves the conditional use application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the conditional use application
as well as all other provisions specified by the chapter.
A.
Veterinary hospitals and animal clinics, as further defined under Article II of this chapter, shall be permitted by special exception in the R-2, C-2, C-3 and SA-1 Zoning Districts, subject to the appropriate provisions specified within the chapter.
C.
The following
design standards and specifications shall apply to veterinary hospitals
or animal clinics:
(1)
A minimum
of two acres of contiguous net land area shall be required to accommodate
all of the uses associated with a veterinary hospital or animal clinic.
In addition, the minimum and maximum dimensional requirements for
a veterinary hospital or animal clinic, as specified by the zoning
district in which the use is located, shall apply.
(2)
The veterinary
hospital or animal clinic shall be serviced by public sanitary sewage
facilities and public water supply facilities.
(3)
Veterinary
hospitals or animal clinics shall be located at least 200 feet from
all existing residential uses, as measured from the veterinary hospital
or animal clinic to the existing residential use.
(4)
Outdoor runs
may be permitted for the animals being cared for at the veterinary
hospital or animal clinic, subject to the following conditions:
(a)
The outdoor
runs are conducted between the hours of 8:00 a.m. and 8:00 p.m.
(b)
The outdoor
runs are conducted within a defined area which is completely enclosed
by a six-foot-high fence. The perimeter of the fence shall be adequately
screened with a ten-foot-wide landscaped buffer yard.
(c)
The location
of the outdoor runs shall be at least 100 feet from all property lines.
(5)
The veterinary
hospital or animal clinic shall be adequately soundproofed so that
the sounds generated by the animals being cared for are not audible
or detectable from any lot line.
(6)
If an incineration
(retort) device is proposed to be installed on the property, the applicant
shall prove during the special exception application that he has secured
the written approval and all required licenses from the governmental
agency having jurisdiction, and approval thereof shall be within the
reasonable discretion of the Zoning Hearing Board, subject to such
reasonable conditions as the Zoning Hearing Board shall impose, in
its discretion.
(7)
The storage
of any animal waste shall be regularly disposed of by discharge to
an approved sewage disposal system or facility for biological wastes.
Any temporary storage of animal or biological waste shall be within
a building, within enclosed containers, pending removal to or disposal
at an approved facility. A plan for management of such wastes shall
be submitted for municipal review as part of the special exception
application.
(8)
Retail sales
of items commonly found in connection with such uses, if any, shall
be limited to a maximum floor area of 1,000 square feet.
(9)
Unless otherwise
required by the utility company or authority providing service, all
utility connections shall be installed underground.
(10)
All designated
points of ingress and egress for all vehicles shall be designed to
consider traffic volumes on existing streets and adjacent uses.
(11)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter.
(12)
All proposed signs for the veterinary hospital or animal clinic shall comply with the provisions specified under Article XI of this chapter.
(13)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
(14)
The lighting
facilities shall be designed in a manner so the illumination does
not exceed 0.5 footcandle, as measured at the property lines, except
at driveway entrances, provided the illumination at the cartway center
line of the contiguous street shall not exceed 1.0 footcandle.
D.
If the Zoning
Hearing Board approves the special exception application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the special exception
application as well as all other provisions specified by the chapter.
A.
Kennels, as further defined under Article II of this chapter, shall be permitted by special exception in the I-2 Zoning District, subject to the appropriate provisions specified within the chapter.
B.
A kennel may
include accessory uses, including pet grooming services, veterinary
or clinical care facilities, retail sales of pet supplies, and other
similar uses, as determined appropriate by the Muhlenberg Township
Zoning Officer.
C.
The following
design standards and specifications shall apply to kennels:
(1)
A minimum
of 10 acres of contiguous net land area shall be required to accommodate
all of the uses associated with a kennel.
(2)
The minimum
lot width requirement for the lot occupying the kennel use shall be
300 feet.
(3)
All principal
and accessory uses associated with the kennel shall be located at
least 100 feet from the ultimate right-of-way line and all property
lines.
(4)
Kennels shall
be located at least 500 feet from all existing residential uses, as
measured from the kennel to the existing residential use.
(5)
The kennel
shall be serviced by public sanitary sewage facilities and public
water supply facilities.
(6)
Outdoor runs
or common exterior areas may be permitted for the animals being cared
for at the kennel, subject to the following conditions:
(a)
The outdoor
runs are conducted between the hours of 7:00 a.m. and 9:00 p.m.
(b)
The outdoor
runs are conducted within a defined external area, which is completely
enclosed by an eight-foot-high fence. The perimeter of the fence shall
be adequately screened with a twenty-foot-wide landscaped buffer yard.
(c)
The location
of the outdoor runs shall be located at least 100 feet from all property
lines.
(7)
If an incineration
(retort) device is proposed to be installed on the property, the applicant
shall prove during the special exception application that he has secured
the written approval and all required licenses from the governmental
agency having jurisdiction, and approval thereof shall be within the
reasonable discretion of the Zoning Hearing Board, subject to such
reasonable conditions as the Zoning Hearing Board shall impose, in
its discretion.
(8)
The storage
of any animal waste shall be regularly disposed of by discharge to
an approved sewage disposal system or facility for biological wastes.
Any temporary storage of animal or biological waste shall be within
a building, within enclosed containers, pending removal to or disposal
at an approved facility. A plan for management of such wastes shall
be submitted for municipal review as part of the special exception
application.
(9)
Retail sales
of items commonly found in connection with such uses, if any, shall
be limited to a maximum floor area of 1,000 square feet.
(10)
Unless
otherwise specified by the Zoning Hearing Board as part of the special
exception application, shows and/or competitions which are proposed
to occur on the property shall be limited to two events per calendar
year. Events shall be specifically designated by the applicant and
a permit will be required to facilitate each event.
(11)
No owner
of animals or operator of a kennel shall allow any animals to create
objectionable noise disturbance, odors, or other nuisances.
(12)
Unless
otherwise required by the utility company or authority providing service,
all utility connections shall be installed underground.
(13)
All designated
points of ingress and egress for all vehicles shall be designed to
consider traffic volumes on existing streets and adjacent uses.
(14)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter.
(15)
All proposed signs for the kennel shall comply with the provisions specified under Article XI of this chapter.
(16)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
(17)
The lighting
facilities shall be designed in a manner so the illumination does
not exceed 0.5 footcandle, as measured at the property lines, except
at driveway entrances, provided the illumination at the cartway center
line of the contiguous street shall not exceed 1.0 footcandle.
D.
If the Zoning
Hearing Board approves the special exception application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the special exception
application as well as all other provisions specified by the chapter.
A.
Mini warehouse or self-storage units, as further defined under Article II of this chapter, shall be permitted by right within the I-1 and I-2 Zoning Districts, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to a mini warehouse
or self-storage facility:
(1)
A minimum
of five acres of contiguous net land area shall be required to accommodate
all of the uses associated with a mini warehouse or self-storage facility.
In addition, the minimum and maximum dimensional requirements for
a mini warehouse or self-storage facility, as specified by the zoning
district in which the use is located, shall apply.
(2)
A buffer
yard shall be established within the required front, side and rear
yards of the lot in which the units are proposed. Unless otherwise
directed by the Planning Commission, the minimum depth or width of
the required buffer yard shall be 30 feet. The buffer yard shall be
designed and improved with a four-foot-high raised landscaped berm,
with a side slope ratio of three feet horizontal to one foot vertical,
and containing a mixed variety of trees (evergreen, canopy and flowering).
(3)
The mini
warehouse or self-storage units must be enclosed and contained by
a six-foot-high security fence, with a twenty-four-hour automated
access gate. The type, location, height and arrangement of the security
fence and automated access gate shall be subject to the approval of
the Planning Commission. Where required by the Planning Commission,
additional landscaping materials shall be provided in order to screen
the security fence from all public roads and all adjacent properties.
(4)
The entrance
and all vehicular access aisles shall be a minimum of 24 feet in width
and shall be unobstructed by vehicles and/or equipment. The entrance
or main entrance shall be paved and landscaped from the cartway of
the public road to a point 50 feet within the automated access gate.
(5)
The outdoor
storage and/or parking of recreational vehicles, boats, campers, trailers
or similar vehicles shall only be permitted behind the proposed buildings
and within the rear yard of the lot. The required buffer yard should
conceal the view of all such vehicles. The design and location of
the outdoor storage area and/or parking area shall be schematically
arranged in a manner acceptable to the Muhlenberg Township Zoning
Officer.
(6)
The storage
of partially dismantled, wrecked and/or inoperative vehicles shall
not be permitted within any exterior area of the mini warehouse or
self-storage operation.
(7)
Other than
as set forth herein, all storage shall be kept within an enclosed
building, except the storage of flammable, highly combustible, explosive
or hazardous chemicals, which shall be prohibited. Any fuel tanks
and/or machinery or other apparatuses relying on such fuel shall be
stored only in an external storage area described within this section.
(8)
Based upon
the risk or danger of fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, paint, paint remover, and other
flammable materials, the repair, construction or reconstruction of
any boat, engine, motor vehicle or furniture is prohibited.
(9)
All exterior
lighting and signs for the self-storage operation shall conform with
all applicable requirements of the Muhlenberg Township Code. Exterior
lighting shall be limited to security lighting, which shall be designed
not to exceed 0.25 footcandle along the perimeter of the property
lines so as to preclude trespass glare onto adjacent properties. As
part of the land development plan, a lighting plan shall be submitted
for review and consideration.
(10)
Mini warehouses/self-storage
units shall be used solely for the dead storage of property. The following
are examples of uses specifically prohibited on the site: auctions
(except storage lien auctions), commercial wholesale or retail sales
(except ancillary supplies normally sold at self storage centers),
or garage sales; the servicing, repair or fabrication of motor vehicles,
motorcycles, boats, trailers, lawn mowers, appliances or similar equipment;
the operation of power tools, spray painting equipment, table saws,
lathes, compressors, welding equipment, kilns or other similar equipment;
the establishment of a transfer or storage business except the owner/operator
of the self-storage; any use that is noxious or offensive because
of odors, dust, noise, fumes or vibrations; retail sales and services;
residential uses; and other uses determined inappropriate by the Muhlenberg
Township Zoning Officer.
(11)
A minimum
of one off-street parking space shall be required per 10,000 square
feet of cumulative building space within the mini warehouse or self-storage
facility.
(12)
One office
area or building may be included within the site of the mini warehouse
or self-storage operation. The office use shall not exceed 2,500 square
feet and shall be subordinate and/or accessory to the mini warehouse
or self-storage operation.
(13)
Each building
shall be a fully enclosed building, built of durable materials on
a permanent foundation; truck trailers, box cars or similar impermanent
removable structures shall not be used as buildings for self-storage
units.
(14)
The architectural
design and appearance of the mini warehouse or self-storage units
shall be subject to the approval of the Muhlenberg Township Planning
Commission and Board of Commissioners.
(15)
All uses
shall be in conformity with all provisions of the Muhlenberg Township
Code. No use of the mini warehouse or storage units shall violate
any local, county, state and federal laws.
C.
A complete land
development plan shall be prepared and submitted to Muhlenberg Township
for review and consideration. The proposed land development plan shall
be prepared considering the design standards and specifications of
this chapter.
A.
Quarrying and mining operations, as further defined under Article II of this chapter, shall be permitted by special exception within the I-2 Zoning District, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to a quarrying and
mining operation:
(1)
A minimum
of 20 acres of contiguous net land area shall be required to accommodate
all of the uses associated with a quarrying and mining operation.
(2)
The office
and maintenance buildings for the quarrying and mining operation shall
be serviced by public sanitary sewage facilities and public water
supply facilities.
(3)
The minimum
lot width requirement for the quarrying and mining operation shall
be 300 feet.
(4)
Quarrying
and/or mining activities shall not be conducted within 200 feet of
any property line or street right-of-way line.
(5)
Access to
the site of the quarrying and mining operation shall be limited to
those posted times when an attendant is on duty. In order to protect
against indiscriminate and unauthorized activities, the site shall
be protected by locked barricades, fences, gates or other positive
means designed to deny access to the area at unauthorized times or
locations. Such barricade, fence or gate shall be at least eight feet
in height and shall be kept in good repair.
(6)
All means
of ingress and/or egress shall be located at least 500 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(7)
No site activity
shall be permitted on Sundays or legal holidays. All operations shall
be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No
vehicles shall be staged or parked at any entrance and/or access road
of the site prior to 6:30 a.m. Overnight parking shall be prohibited.
(8)
Measures
shall be provided to control dust and debris. The entire area shall
be kept clean and orderly. The perimeter of the site shall be inspected
for debris on a daily basis.
(9)
Truck access
shall be designed to minimize traffic hazards and inconveniences.
All interior roadways shall be maintained and constructed by the operator.
All trucks leaving the site shall not deposit accumulating amounts
of mining products, dirt, mud or other such substances on public roads.
(10)
A tire
cleaning area shall be provided on site. All tires of all trucks leaving
the site shall be cleaned. Runoff from the tire cleaning area shall
be controlled and disposed of in accordance with all pertinent federal,
state and/or Township standards.
(11)
A security
fence with a minimum height of eight feet shall be erected along all
boundary lines of the area which is approved for operational use as
a quarry or mine. The fence shall not contain openings greater than
four square inches and shall contain, at all entrances, gates which
are locked except during operating hours. Warning signs shall be placed
on the fence at intervals of no more than 50 feet.
(12)
A fifty-foot-wide
buffer yard shall completely surround all areas approved for operational
use as a quarry or mine. Unless otherwise permitted by Muhlenberg
Township, the buffer yard shall consist of a dense evergreen screen
and is to be located and maintained along all boundary lines of the
site, except at the entrances. The selected evergreens shall have
a minimum height of six feet and shall be staggered on twelve-foot
centers. No materials of any nature shall be stored within this buffer
yard.
(13)
All blasting
operations shall conform with the regulations enforced by the aforesaid
agencies of the Commonwealth of Pennsylvania and the federal government.
Blasting shall be permitted between the hours of 9:00 a.m. and 4:00
p.m. and shall not be permitted on Sundays and legal holidays. Notice
of all blasting operations shall be given, at least 24 hours prior
to the commencement of blasting, to Muhlenberg Township and to the
occupants of all properties within a radius of 1,000 feet of the location
of blasting. In addition, notice shall be given to all sensitive business
ventures requesting such notice.
(14)
The storage
of explosives shall be in accordance with all pertinent local, state
and federal laws.
(15)
Crushing
and processing operations of the minerals, rock and other products
of the earth mined on the premises shall be permitted so long as the
physical or chemical properties of the same are not changed and so
long as such crushing or processing operations do not involve the
manufacture of cement or concrete, asphalt materials and products
or any other form of manufacturing or fabrication.
(16)
No substances
which can harm persons, animals, vegetation or other form of property
shall be dispersed beyond the property lines of the quarrying or mining
operation.
(17)
The applicant
shall comply with all local, state and federal requirements pertaining
to the operation of a quarrying and mining facility. A copy of all
permits and licenses issued to the applicant shall be submitted to
Muhlenberg Township.
C.
As part of the
special exception application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A complete
hydrological report, analysis and impact plan, which shall demonstrate
that the proposed quarrying or mining operation will not adversely
affect the quantity or quality of the surface water and groundwater
table within 2,000 feet of the source of operations, shall be prepared
by a professional hydrogeologist.
(2)
A geological
and geotechnical site investigation, which shall demonstrate that
the surrounding area is not prone to sinkhole development, shall be
prepared by a professional geologist.
(3)
A preliminary
utility plan, showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site or be relocated to accommodate the
quarrying and mining operation.
(4)
A preliminary
landscaping plan, showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(5)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all site improvements, the proposed ground elevations, stormwater
management facilities, and other natural or man-made features of the
site.
(6)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(7)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
D.
If the Zoning
Hearing Board approves the special exception application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the special exception
application as well as all other provisions specified by the chapter.
A.
Solid waste disposal and reduction facilities, as further defined under Article II of this chapter, shall be permitted by special exception within the I-2 Zoning District, subject to the appropriate provisions specified within the chapter.
B.
All solid waste
disposal and/or reduction facilities shall comply with all local,
county, state and federal laws governing the ownership, operation
and maintenance of such facilities and shall have the appropriate
permits to operate the solid waste disposal and/or reduction facilities.
C.
The following
design standards and specifications shall apply to solid waste disposal
and/or reduction facilities:
(1)
A minimum
of 20 acres of contiguous net land area shall be required to accommodate
all of the uses associated with solid waste disposal and/or reduction
facilities.
(2)
The offices
and maintenance buildings for the solid waste disposal and/or reduction
facility shall be serviced by public sanitary sewage facilities and
public water supply facilities.
(3)
The minimum
lot width requirement for the solid waste disposal and/or reduction
facility shall be 300 feet.
(4)
All solid
waste disposal and/or reduction facilities shall be located at least
200 feet from any property line or street right-of-way line.
(5)
All means
of ingress and/or egress shall be located at least 500 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(6)
Access to
the site of the solid waste disposal and/or reduction facility shall
be limited to those posted times when an attendant is on duty. In
order to protect against indiscriminate and unauthorized activities,
the site shall be protected by locked barricades, fences, gates or
other positive means designed to deny access to the area at unauthorized
times or locations. Such barricade, fence or gate shall be at least
12 feet in height and shall be kept in good repair.
(7)
No site activity
shall be permitted on Sundays or legal holidays. All operations shall
be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No
vehicles shall be staged or parked at any entrance and/or access road
of the site prior to 6:30 a.m. Overnight parking shall be prohibited.
(8)
Measures
shall be provided to control dust and debris. The entire area shall
be kept clean and orderly. The perimeter of the site shall be inspected
for debris on a daily basis.
(9)
Truck access
shall be designed to minimize traffic hazards and inconveniences.
All interior roadways shall be maintained and constructed by the operator.
All trucks leaving the site shall not deposit accumulating amounts
of dirt, mud or other such substances on public roads.
(10)
An equipment-cleaning
and tire-cleaning area shall be provided on site. All equipment used
to dispose, dump, move, transport, grade and compact solid waste shall
be cleaned daily. Runoff from the equipment cleaning area shall be
controlled and disposed of in accordance with all pertinent local,
state and federal laws.
(11)
All tires
of all trucks leaving the site shall be cleaned. Runoff from the tire
cleaning area shall be controlled and disposed of in accordance with
all pertinent local, county, state or federal standards.
(12)
A security
fence with a minimum height of eight feet shall be erected along all
boundary lines of the area which is approved for a solid waste disposal
and/or reduction facility. The fence shall not contain openings greater
than four square inches and shall contain, at all entrances, gates
which are locked except during operating hours. Warning signs shall
be placed on the fence at intervals of no more than 50 feet.
(13)
A fifty-foot-wide
buffer yard shall completely surround all areas approved for the solid
waste disposal and/or reduction facility. Unless otherwise permitted
by Muhlenberg Township, the buffer yard shall consist of a dense evergreen
screen and is to be located and maintained along all boundary lines
of the site, except at the entrances. The selected evergreens shall
have a minimum height of six feet and shall be staggered on twelve-foot
centers. No materials of any nature shall be stored within this buffer
yard.
(14)
No substances
which can harm persons, animals, vegetation or other form of property
shall be dispersed beyond the property lines of the solid waste disposal
and/or reduction facility.
(15)
The applicant
shall comply with all local, state and federal requirements pertaining
to the solid waste disposal and/or reduction facility. A copy of all
permits and licenses issued to the applicant shall be submitted to
Muhlenberg Township.
(16)
Hazardous,
contaminated and/or toxic materials, including but not limited to
highly flammable materials, explosives, pathological wastes and radioactive
materials, shall not be disposed of in the solid waste disposal and/or
reduction facility.
(17)
The operator
shall comply with all local, state and federal laws concerning stabilization,
stormwater management, and erosion and sedimentation control.
(18)
Routine
inspections of the entire site shall be permitted to take place by
any local, county, state or federal official who has proper authorization
to conduct such inspections. Any necessary corrective work or action
shall be performed by the applicant in the time frame specified by
the authorized inspector.
(19)
All components
of the solid waste disposal and/or reduction facility shall be conducted
within an approved facility, building, cell site, area, transfer site,
or other area permitted by the appropriate local, state and federal
agencies.
(20)
All solid
waste materials awaiting disposal and/or reduction shall be stored
or staged in any manner for a period of time which exceeds the requirements
specified on the permit.
(21)
The solid
waste disposal and/or reduction facility shall not emit any noise
which is audible or detectable beyond the property lines.
(22)
The solid
waste disposal and/or reduction facility shall contain an on-site
scale which shall be accurately calibrated to weigh and record all
solid waste that is disposed or reduced in a manner permitted by the
Commonwealth of Pennsylvania. All records concerning the daily tonnage
which is delivered, transported, disposed and/or reduced shall be
submitted to Muhlenberg Township on a monthly basis.
D.
As part of the
special exception application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A complete
hydrological report, analysis and impact plan, which shall demonstrate
that the proposed solid waste disposal and/or reduction facility will
not adversely affect the quantity or quality of the surface water
and groundwater table within 2,000 feet of the source of operations,
shall be prepared by a professional hydrogeologist.
(2)
A geological
and geotechnical site investigation, which shall demonstrate that
the surrounding area is not prone to sinkhole development from the
preparation stages through the post-closure stages, shall be prepared
by a professional geologist.
(3)
A preliminary
utility plan showing how sanitary sewage disposal facilities, water
supply facilities, electric, telephone, natural gas, cable and other
utilities will service the site or be relocated to accommodate the
solid waste disposal and/or reduction facility.
(4)
A preliminary
landscaping plan showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(5)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all site improvements, the proposed ground elevations, erosion
and sedimentation control facilities, stormwater management facilities,
and other natural or man-made features of the site.
(6)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(7)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
(8)
A contingency
plan for the disposal and/or reduction of solid waste during any discontinuation
of the normal operations.
E.
If the Zoning
Hearing Board approves the special exception application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the conditional use application
as well as all other provisions specified by the chapter.
A.
Junkyards and/or salvage yards, as further defined under Article II of this chapter, shall be permitted by special exception within the I-2 Zoning District, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to a junkyard or salvage
yard:
(1)
A minimum
of 20 acres of contiguous net land area shall be required to accommodate
all of the uses associated with a junkyard or salvage yard.
(2)
The offices
and maintenance buildings for the junkyard and/or salvage yard shall
be serviced by public sanitary sewage facilities and public water
supply facilities.
(3)
The minimum
lot width requirement for the junkyard or salvage yard shall be 300
feet.
(4)
All junkyards
and/or salvage yards shall be located at least 100 feet from any property
line or street right-of-way line.
(5)
All means
of ingress and/or egress shall be located at least 500 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(6)
Access to
the site of the junkyard and/or salvage yard shall be limited to those
posted times when an attendant is on duty. In order to protect against
indiscriminate and unauthorized activities, the site shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations. Such
barricade, fence or gate shall be at least eight feet in height and
shall be kept in good repair.
(7)
No site activity
shall be permitted on Sundays or legal holidays. All operations shall
be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No
vehicles shall be staged or parked at any entrance and/or access road
of the site prior to 6:30 a.m. Overnight parking shall be prohibited.
(8)
Measures
shall be provided to control dust and debris. The entire area shall
be kept clean and orderly. The perimeter of the site shall be inspected
for debris on a daily basis.
(9)
Truck access
shall be designed to minimize traffic hazards and inconveniences.
All interior roadways shall be maintained and constructed by the operator.
All trucks leaving the site shall not deposit accumulating amounts
of dirt, mud or other such substances on public roads.
(10)
An equipment-cleaning
and tire-cleaning area shall be provided on site. All equipment used
to dispose, dump, move, transport, grade and compact solid waste shall
be cleaned daily. Runoff from the equipment cleaning area shall be
controlled and disposed of in accordance with all pertinent local,
state and federal laws.
(11)
All tires
of all trucks leaving the site shall be cleaned. Runoff from the tire-cleaning
area shall be controlled and disposed of in accordance with all pertinent
local, county, state or federal standards.
(12)
A security
fence with a minimum height of eight feet shall be erected along all
boundary lines of the area which is approved for a junkyard and/or
salvage yard. The fence shall not contain openings greater than four
square inches and shall contain, at all entrances, gates which are
locked except during operating hours. Warning signs shall be placed
on the fence at intervals of no more than 50 feet.
(13)
A fifty-foot-wide
buffer yard shall completely surround all areas approved for the junkyard
and/or salvage yard. Unless otherwise permitted by Muhlenberg Township,
the buffer yard shall consist of a dense evergreen screen and is to
be located and maintained along all boundary lines of the site, except
at the entrances. The selected evergreens shall have a minimum height
of six feet and shall be staggered on twelve-foot centers. No materials
of any nature shall be stored within this buffer yard.
(14)
No substances
which can harm persons, animals, vegetation or other form of property
shall be dispersed beyond the property lines of the junkyard and/or
salvage yard.
(15)
The applicant
shall comply with all local, state and federal requirements pertaining
to the junkyard and/or salvage yard. A copy of all permits and licenses
issued to the applicant shall be submitted to Muhlenberg Township.
(16)
Hazardous,
contaminated and/or toxic materials, including but not limited to
highly flammable materials, explosives, pathological wastes and radioactive
materials, shall not be disposed of in the junkyard and/or salvage
yard.
(17)
The operator
shall comply with all local, state and federal laws concerning stabilization,
stormwater management, and erosion and sedimentation control.
(18)
All junk
and salvage shall be stored and arranged so as to permit access to
emergency management equipment and to prevent accumulation of stagnant
water. No materials of any nature shall be piled to a height of more
than eight feet from the elevation of the ground.
(19)
All liquids
and/or fluids shall be drained from any junk or scrapped automobiles.
C.
As part of the
special exception application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A complete
hydrological report, analysis and impact plan, which shall demonstrate
that the proposed facility will not adversely affect the quantity
or quality of the surface water and groundwater table within 1,000
feet of the source of operations, shall be prepared by a professional
hydrogeologist.
(2)
A preliminary
landscaping plan, showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(3)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all site improvements, the proposed ground elevations, erosion
and sedimentation control facilities, stormwater management facilities,
and other natural or man-made features of the site.
(4)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(5)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
D.
If the Zoning
Hearing Board approves the special exception application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the conditional use application
as well as all other provisions specified by the chapter.
A.
Trucking or motor freight terminals, as further defined under Article II of this chapter, shall be permitted by special exception within the I-1 and I-2 Zoning Districts, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to a trucking or motor
freight terminal:
(1)
A minimum
of 10 acres of contiguous net land area shall be required to accommodate
all of the uses associated with a trucking or motor freight terminal.
(2)
The offices,
terminals, storage and maintenance buildings for the trucking or motor
freight terminal shall be serviced by public sanitary sewage facilities
and public water supply facilities.
(3)
The minimum
lot width requirement for the lot occupying the trucking or motor
freight terminal shall be 300 feet.
(4)
All trucking
or motor freight terminals shall be located at least 100 feet from
any property line or street right-of-way line.
(5)
All means
of ingress and/or egress shall be located at least 500 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(6)
All designated
points of ingress and egress for all vehicles shall be designed to
consider traffic volumes on existing streets and adjacent uses.
(7)
Measures
shall be provided to control dust and debris. The entire area shall
be kept clean and orderly. The perimeter of the site shall be inspected
for debris on a daily basis.
(8)
Truck access
shall be designed to minimize traffic hazards and inconveniences.
All interior roadways shall be maintained and constructed by the owner
or manager. All trucks leaving the site shall not deposit accumulating
amounts of dirt, mud or other such substances on public roads.
(9)
A thirty-foot-wide
buffer yard shall completely surround all areas approved for the trucking
or motor freight terminal. Unless otherwise permitted by Muhlenberg
Township, the buffer yard shall consist of a dense evergreen screen
and is to be located and maintained along all boundary lines of the
site, except at the entrances. The selected evergreens shall have
a minimum height of six feet and shall be staggered on twelve-foot
centers. No materials of any nature shall be stored within this buffer
yard.
(10)
Hazardous,
contaminated and/or toxic materials, including but not limited to
highly flammable materials, explosives, pathological wastes and radioactive
materials, shall not be stored at the site of the trucking or motor
freight terminal.
(11)
The owner
or manager shall comply with all local, state and federal laws concerning
stabilization, stormwater management, and erosion and sedimentation
control.
(12)
The continuous
running or idling of trucks within the trucking or motor freight terminal
shall be limited to one consecutive hour during any given time of
the day.
(13)
All vehicle
service, maintenance and repair activities shall be conducted within
an enclosed building, which has been approved and permitted by Muhlenberg
Township.
(14)
All vehicles
that have been brought in for service, maintenance or repair shall
be in a state of active repair and shall not be stored on the premises
for 30 consecutive days.
(15)
The outdoor
storage of unlicensed or noninspected vehicles or trailers shall be
prohibited.
(16)
All trucks and trailers stored on the property shall be arranged so as to permit access to emergency management equipment. The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter.
(17)
All proposed signs shall comply with the provisions specified under Article XI of this chapter.
(18)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
C.
As part of the
special exception application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A preliminary
landscaping plan, showing how the buffer yards and other landscaping
enhancements will be incorporated within the site.
(2)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all site improvements, the proposed ground elevations, erosion
and sedimentation control facilities, stormwater management facilities,
and other natural or man-made features of the site.
(3)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(4)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
D.
If the Zoning
Hearing Board approves the special exception application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the special exception
application as well as all other provisions specified by the chapter.
A.
General agricultural uses, as further defined under Article II of this chapter, shall be a permitted use by right within the R-1, R-2, R-3 and SA-1 Zoning Districts, subject to the following provisions:
(1)
General agricultural
uses may include the following uses: the cultivation of the soil for
the raising and harvesting of the produce or crops; nurseries; greenhouses;
horticulture operations; the raising of livestock and animal husbandry
operations; dairy farms; and other general agricultural uses, as determined
by the Muhlenberg Township Zoning Officer.
(2)
All general
agricultural uses shall not include intensive agricultural uses, mushroom
production facilities, commercial composting facilities, or other
forms of specialized agricultural uses that may be considered as a
nuisance or as further defined by this chapter.
(3)
General agricultural
uses shall be limited to one animal unit per acre or 1,000 pounds
of animal weight per acre.
(4)
A minimum
of two acres of contiguous net land area shall be required to accommodate
general agricultural uses and activities.
(5)
The minimum
lot width requirement for general agricultural uses shall be 100 feet.
(6)
All general
agricultural uses shall be located at least 50 feet from any property
line or street right-of-way line.
(7)
All agricultural
uses and activities shall comply with all local, state and federal
laws concerning manure management, nutrient management, fertilizer
application, sewage disposal, water supply, stormwater management,
erosion and sedimentation control, vehicular accessibility and solid
waste management.
(8)
Accessory
uses may be permitted for the general agricultural uses, provided
they are conducted on the same lot and are permitted by Muhlenberg
Township.
(9)
The display
and sale of farm products, provided that at least 75% of the quantity
of products for sale have been produced on the property on which they
are offered for sale. The sale of farm products shall be conducted
in a structure or stand, which shall not be located closer than 25
feet from the applicable street right-of-way line.
B.
Intensive agricultural uses, as further defined under Article II of this chapter, shall be permitted by special exception within the SA-1 Zoning District, subject to the following provisions:
(1)
Intensive
agricultural uses may include the following uses: specialized agricultural
activities; mushroom production facilities; intensive livestock operations;
intensive produce operations; intensive dairy and egg production facilities;
poultry production facilities; pork production facilities or pig farms;
and other general agricultural uses as determined by the Muhlenberg
Township Zoning Officer.
(2)
Intensive
agricultural uses shall be limited to two animal units per acre or
2,000 pounds of animal weight per acre.
(3)
A minimum
of 20 acres of contiguous net land area shall be required to accommodate
intensive agricultural uses and activities.
(4)
The offices,
employee facilities, storage and maintenance buildings for the intensive
agricultural use shall be serviced by public sanitary sewage facilities
and public water supply facilities. The proposed sewage disposal and
water supply methods shall be subject to the approval of the Muhlenberg
Township Municipal Authority.
(5)
The minimum
lot width requirement for intensive agricultural use shall be 300
feet.
(6)
All intensive
agricultural uses and facilities shall be located at least 200 feet
from any property line or street right-of-way line.
(7)
All intensive
agricultural uses and facilities shall be located at least 100 feet
from all streams or surface water.
(8)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 100 feet from any lot line.
(9)
All intensive
agricultural uses and activities shall comply with all local, state
and federal laws concerning manure management, nutrient management,
fertilizer application, sewage disposal, water supply, stormwater
management, erosion and sedimentation control, air quality management;
vehicular accessibility and solid waste management. Where appropriate,
the applicant shall submit plans or other forms of documentation to
demonstrate that the intensive agricultural use shall comply with
all pertinent local, state and federal laws.
(10)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(11)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
(12)
As part
of the special exception application, the applicant shall provide
evidence that the intensive agricultural uses or activities shall
comply with the provisions established within this section of the
chapter.
(13)
If the
Zoning Hearing Board approves the special exception application, a
complete land development plan shall be submitted to Muhlenberg Township
for review and consideration. The land development plan shall comply
with all conditions of approval issued as part of the special exception
application as well as all other provisions specified by the chapter.
C.
Commercial composting uses and mushroom production uses, as further defined under Article II of this chapter, shall be permitted by special exception within the SA-1 Zoning District, subject to the following provisions:
(1)
Commercial
composting uses may include the accumulation of biodegradable and
organic materials from approved uses, including mushroom production
uses; municipal uses; landscaping uses; nursery uses; forestry uses;
and other similar uses as determined appropriate by Muhlenberg Township,
where the composted materials are packaged, processed and/or transported
from the commercial composting facility and utilized for other applications.
(2)
A minimum
of 20 acres of contiguous net land area shall be required to accommodate
a commercial composting facility.
(3)
The offices,
employee facilities, storage and maintenance buildings for the commercial
composting use shall be serviced by public sanitary sewage facilities
and public water supply facilities. The proposed sewage disposal and
water supply methods shall be subject to the approval of the Muhlenberg
Township Municipal Authority.
(4)
The minimum
lot width requirement for a commercial composting use shall be 300
feet.
(5)
All commercial
composting uses and facilities shall be located at least 200 feet
from any property line or street right-of-way line.
(6)
All commercial
composting uses and facilities shall be located at least 100 feet
from all streams or surface water.
(7)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 100 feet from any lot line.
(8)
All commercial
composting uses and activities shall comply with all local, state
and federal laws concerning manure management, nutrient management,
fertilizer application, sewage disposal, water supply, stormwater
management, erosion and sedimentation control, air quality management,
vehicular accessibility and solid waste management. Where appropriate,
the applicant shall submit plans or other forms of documentation to
demonstrate that the commercial composting use shall comply with all
pertinent local, state and federal laws.
(9)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(10)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
(11)
As part
of the special exception application, the applicant shall provide
evidence that the commercial composting uses or activities shall comply
with the provisions established within this section of the chapter.
(12)
If the
Zoning Hearing Board approves the special exception application, a
complete land development plan shall be submitted to Muhlenberg Township
for review and consideration. The land development plan shall comply
with all conditions of approval issued as part of the special exception
application as well as all other provisions specified by the chapter.
A.
Recreational uses, as further defined under Article II of this chapter, shall be permitted by conditional use within the R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-3, I-1, I-2 and SA-1 Zoning Districts, subject to the appropriate provisions specified within the chapter.
B.
The following
design standards and specifications shall apply to the recreational
use:
(1)
A minimum
of two acres of contiguous net land area shall be required to accommodate
the recreational use.
(2)
Unless otherwise
permitted by Muhlenberg Township, the recreational facilities and
uses shall be serviced by public sanitary sewage facilities and public
water supply facilities.
(3)
The minimum
lot width for the recreational use shall be 150 feet.
(4)
All active
outdoor recreational areas and uses shall be located at least 50 feet
from all property lines and street rights-of-way.
(5)
All passive
recreational areas and uses shall be located at least 10 feet from
all property lines and street rights-of-way.
(6)
All recreational
buildings shall be located at least 50 feet from all property lines
and street rights-of-way.
(7)
All property
lines adjacent to existing residential land uses shall be adequately
screened and buffered so as to protect the residential neighborhood
from inappropriate noise, light and other disturbances.
(8)
All means
of ingress and/or egress shall be located at least 200 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(9)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter.
(10)
All proposed signs for the recreational use shall comply with the provisions specified under Article XI of this chapter.
(11)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
(12)
All proposed
recreational uses within the common open space of an existing residential
development shall be designed in a manner that will not disrupt any
stormwater management facilities, off-street parking areas, vehicular
access drives, wetlands, slopes exceeding 20%, historical sites, or
other similar features, as identified on the approved plan for the
development. In cases where a homeowners' association owns and maintains
the area designated for the proposed recreational use, the homeowners'
association shall provide written authorization to Muhlenberg Township
that the majority of the homeowners within the development are in
agreement with the proposed recreational use.
C.
As part of the
conditional use application, the applicant or developer shall submit
the following information for review and consideration:
(1)
A preliminary
grading plan shall be developed to identify the limits of disturbance
for all site improvements, the proposed ground elevations, erosion
and sedimentation control facilities, stormwater management facilities,
and other natural or man-made features of the site.
(2)
A traffic
impact study (TIS) shall be conducted in order to assess both existing
and future transportation conditions and needs within 3,000 feet of
the tract boundary (regional study area). The applicant shall consult
with the Muhlenberg Township Engineer to confirm the limits of the
regional study area.
(3)
An environmental
impact assessment (EIA) report shall be conducted in accordance with
the procedures and requirements specified by this chapter. The EIA
report should identify how the potential adverse impact will be mitigated
and/or prevented.
D.
If the Board
of Commissioners approves the conditional use application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the conditional use application
as well as all other provisions specified by the chapter.
A.
Educational uses, as further defined under Article II of this chapter, shall be permitted by special exception within the R-1, R-2, R-3, R-4, R-5, C-1, C-2, I-1 and SA-1 Zoning Districts, subject to the following design standards and specifications:
(1)
A minimum
of three acres of contiguous net land area shall be required to accommodate
the educational use. In addition, the minimum and maximum dimensional
requirements, as specified by the zoning district in which the educational
use is located, shall apply.
(2)
The educational
facilities and uses shall be serviced by public sanitary sewage facilities
and public water supply facilities.
(3)
Subordinate
uses within the educational use shall be limited to: cafeterias; administrative
and professional offices; recreational uses; day-care facilities;
religious uses; and other similar uses that are determined appropriate
by the Zoning Hearing Board or Zoning Officer. The cumulative gross
floor area for all such accessory uses shall not occupy more than
25% of the cumulative gross floor area of all uses within the educational
facility. The accessory uses shall be considered subordinate uses
that directly benefit the educational use.
(4)
All designated
subordinate uses and buildings shall be located at least 50 feet from
all property lines and street rights-of-way.
(5)
All property
lines adjacent to existing residential land uses shall be adequately
screened and buffered so as to protect the residential neighborhood
from inappropriate noise, light and other disturbances.
(6)
Unless otherwise
required by the utility company or authority providing service, all
utility connections shall be installed underground.
(7)
All means
of ingress and/or egress shall be located at least 300 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(8)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter. The interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for the loading or unloading of school buses, emergency response vehicles and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(9)
All proposed signs for the educational use shall comply with the provisions specified under Article XI of this chapter.
(10)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
B.
Hospitals and medical centers, as further defined under Article II of this chapter, shall be permitted by special exception within the R-1, R-2, R-3 and C-2 Zoning Districts, subject to the following design standards and specifications:
(1)
A minimum
of three acres of contiguous net land area shall be required to accommodate
the hospital or medical center. In addition, the minimum and maximum
dimensional requirements, as specified by the zoning district in which
the hospital or medical center is located, shall apply.
(2)
The hospital
or medical center shall be serviced by public sanitary sewage facilities
and public water supply facilities.
(3)
Subordinate
uses within the hospital or medical center shall be limited to: restaurants
or cafeterias; administrative and professional offices; retail sales
establishments; banks or financial institutions; personal care or
service establishments; conference or convention centers; day-care
facilities; adult day-care facilities; recreational uses; educational
uses; religious uses; and other similar uses that are determined appropriate
by the Zoning Hearing Board or Zoning Officer. The cumulative gross
floor area for all such accessory uses shall not occupy more than
25% of the cumulative gross floor area of all uses within the hospital
or medical center.
(4)
All designated
subordinate uses and buildings shall be located at least 50 feet from
all property lines and street rights-of-way.
(5)
All heliport
or helistop facilities shall be located at least 200 feet from all
property lines.
(6)
All property
lines adjacent to existing residential land uses shall be adequately
screened and buffered so as to protect the residential neighborhood
from inappropriate noise, light and other disturbances.
(7)
Unless otherwise
required by the utility company or authority providing service, all
utility connections shall be installed underground.
(8)
All means
of ingress and/or egress shall be located at least 300 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(9)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter. The interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for the loading or unloading of emergency response vehicles, buses and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(10)
All proposed signs for the hospital or medical center shall comply with the provisions specified under Article XI of this chapter.
(11)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
(12)
All medical
waste, biohazardous materials, equipment, red bag waste, and other
similar items, which, because of their potential health risks, shall
be discarded in a manner specified by local, state and federal laws.
C.
Assisted living care facilities, convalescent homes and nursing homes, as further defined under Article II of this chapter, shall be permitted by special exception within the R-2, R-3, R-4 and C-1 Zoning Districts, subject to the following design standards and specifications:
(1)
A minimum
of three acres of contiguous net land area shall be required to accommodate
the assisted living care facility, convalescent home and/or nursing
home. In addition, the minimum and maximum dimensional requirements,
as specified by the zoning district in which the hospital or medical
center is located, shall apply.
(2)
The assisted
living care facility, convalescent home and/or nursing home shall
be serviced by public sanitary sewage facilities and public water
supply facilities.
(3)
Subordinate
uses within the assisted living care facility, convalescent home and/or
nursing home shall be limited to: restaurants or cafeterias; administrative
and professional offices; retail sales establishments; banks or financial
institutions; personal care or service establishments; recreational
uses; educational uses; religious uses; and other similar uses that
are determined appropriate by the Zoning Hearing Board or Zoning Officer.
The cumulative gross floor area for all such accessory uses shall
not occupy more than 25% of the cumulative gross floor area of all
uses within the assisted living care facility, convalescent home and/or
nursing home.
(4)
All designated
subordinate uses and buildings shall be located at least 50 feet from
all property lines and street rights-of-way.
(5)
All property
lines adjacent to existing residential land uses shall be adequately
screened and buffered so as to protect the residential neighborhood
from inappropriate noise, light and other disturbances.
(6)
Unless otherwise
required by the utility company or authority providing service, all
utility connections shall be installed underground.
(7)
All means
of ingress and/or egress shall be located at least 300 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(8)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter. The interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for the loading or unloading of emergency response vehicles, buses and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(9)
All proposed signs for the assisted living care facility, convalescent home and/or nursing home shall comply with the provisions specified under Article XI of this chapter.
(10)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
(11)
All medical
waste, biohazardous materials, equipment, red bag waste, and other
similar items, which, because of their potential health risks, shall
be discarded in a manner specified by local, state and federal laws.
D.
Religious uses, as further defined under Article II of this chapter, shall be permitted by special exception within the R-1, R-2, R-3, R-4, R-5, C-1, C-2, I-1 and SA-1 Zoning Districts, subject to the following design standards and specifications:
(1)
A minimum
of three acres of contiguous net land area shall be required to accommodate
the religious use. In addition, the minimum and maximum dimensional
requirements, as specified by the zoning district in which the religious
use is located, shall apply.
(2)
Unless otherwise
permitted by Muhlenberg Township, the religious use shall be serviced
by public sanitary sewage facilities and public water supply facilities.
(3)
Subordinate
uses within the religious use shall be limited to: cafeterias; administrative
and professional offices; conference or convention centers; recreational
uses; day-care facilities; adult day-care facilities; and other similar
uses that are determined appropriate by the Zoning Hearing Board or
Zoning Officer. The cumulative gross floor area for all such accessory
uses shall not occupy more than 25% of the cumulative gross floor
area of all uses within the religious use.
(4)
All designated
subordinate uses and buildings shall be located at least 50 feet from
all property lines and street rights-of-way.
(5)
Unless otherwise
required by the utility company or authority providing service, all
utility connections shall be installed underground.
(6)
All means
of ingress and/or egress shall be located at least 300 feet from any
intersecting street and shall be designed to accommodate traffic in
a safe and efficient manner. The applicant or developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(7)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter. The interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for the loading or unloading of emergency response vehicles, buses and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(8)
All proposed signs for the religious use shall comply with the provisions specified under Article XI of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 50 feet from any lot line.
E.
As part of the
special exception application, the applicant shall provide evidence
that the institutional use or activities shall comply with the provisions
established within this section of the chapter. This may include the
submission of a grading plan, utility plan, landscaping plan, architectural
renderings, traffic impact study and/or environmental impact assessment
report. Prior to the submission of the special exception application,
the applicant shall consult with the Muhlenberg Township Engineer
and Zoning Officer to initially discuss the supplemental documentation
that may be required as part of the application.
F.
If the Zoning
Hearing Board approves the special exception application, a complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the special exception
application as well as all other provisions specified by the chapter.
A.
Community utilities, as defined under Article II of this chapter, shall be permitted by right as an accessory use within the R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-3, I-1, I-2 and SA-1 Zoning Districts, subject to the following requirements:
(1)
Community
utilities shall be designed to provide service in an isolated service
area, community or neighborhood.
(2)
The community
facilities shall be located on a self-contained lot which meets the
minimum and maximum dimensional lot requirements of the underlying
zoning district. Where necessary, the Muhlenberg Township Zoning Officer
shall provide the dimensional requirements to the applicant or developer.
(3)
A complete
subdivision and land development plan shall be submitted to Muhlenberg
Township for review and consideration. The subdivision and land development
plan shall comply with all provisions specified by the Muhlenberg
Township Code.
B.
Private utilities, as defined under Article II of this chapter, shall be permitted by right within the I-1, I-2 and SA-1 Zoning Districts, subject to the following requirements:
(1)
A minimum
of 20 acres of contiguous net land area shall be required to accommodate
all of the uses associated with a private utility provider.
(2)
The offices,
terminals, storage and maintenance buildings for the private utility
provider shall be serviced by public sanitary sewage facilities and
public water supply facilities.
(3)
The minimum
lot width for the private utility use shall be 300 feet.
(4)
All facilities
and uses associated with the private utility use shall be located
at least 200 feet from any property line or street right-of-way line.
(5)
The maximum
height of the buildings and all accessory equipment shall be 50 feet.
(6)
The maximum
building coverage shall be 25% of the total lot area.
(7)
The maximum
lot coverage shall be 40% of the total lot area.
(8)
All means
of ingress and/or egress shall be located at least 1,000 feet from
any intersecting street and shall be designed to accommodate traffic
in a safe and efficient manner. The applicant or developer shall be
responsible for the purchase and installation of any traffic control
devices and the construction of additional acceleration and/or deceleration
lanes as may be required by the Pennsylvania Department of Transportation
or Muhlenberg Township.
(9)
Measures
shall be provided to control dust and debris. The entire area shall
be kept clean and orderly. The perimeter of the site shall be inspected
for debris on a daily basis.
(10)
Truck access
shall be designed to minimize traffic hazards and inconveniences.
All interior roadways shall be maintained and constructed by the owner
or manager. All trucks leaving the site shall not deposit dirt, mud
or other such substances on public roads.
(11)
A fifty-foot-wide
buffer yard shall completely surround all areas approved for the private
utility use. Unless otherwise permitted by Muhlenberg Township, the
buffer yard shall consist of a dense evergreen screen and is to be
located and maintained along all boundary lines of the site, except
at the entrances. The selected evergreens shall have a minimum height
of six feet and shall be staggered on twelve-foot centers. No materials
of any nature shall be stored within this buffer yard.
(12)
Hazardous,
contaminated and/or toxic materials, including but not limited to
highly flammable materials, explosives, pathological wastes and radioactive
materials, shall not be stored at the site of private utility use.
(13)
All local,
state and federal regulations concerning air pollution or air quality
shall be considered as minimum standards for the control of smoke,
dust, fumes and emissions.
(14)
The owner
or manager shall comply with all local, state and federal laws concerning
stabilization, stormwater management, and erosion and sedimentation
control.
(15)
All designated
points of ingress and egress for all vehicles shall be designed to
consider traffic volumes on existing streets and adjacent uses.
(16)
All trucks and trailers stored on the property shall be arranged so as to permit access to emergency management equipment. The off-street parking and loading spaces shall be designed to comply with the provisions specified under Article X of this chapter.
(17)
All proposed signs shall comply with the provisions specified under Article XI of this chapter.
(18)
Exterior
storage areas for trash and rubbish shall be properly screened with
secured fencing and landscaping materials. All containers shall be
airtight, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area will be
permitted within 100 feet from any lot line.
(19)
A complete
land development plan shall be submitted to Muhlenberg Township for
review and consideration. The land development plan shall comply with
all conditions of approval issued as part of the use application as
well as all other provisions specified by the chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(20)
As part
of the land development plan, the applicant shall provide documentation
to indicate that the private utility use shall comply with the provisions
established within the Muhlenberg Township Code. This may include
the submission of a grading plan, utility plan, landscaping plan,
architectural renderings, traffic impact study and/or environmental
impact assessment report. Prior to the submission of the land development
plan, the applicant shall consult with the Muhlenberg Township Engineer
and Zoning Officer to initially discuss the supplemental documentation
that may be required as part of the application.
C.
Public utilities, as defined under Article II of this chapter, shall be permitted by right within the R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-3, I-1, I-2 and SA-1 Zoning Districts. The provisions of this chapter shall not specifically apply to the certain public utilities, which because of their status with the Pennsylvania Public Utility Commission may be exempt from the provisions of this chapter.
[Amended 7-20-2015 by Ord. No. 546]
A.
Purposes and findings of fact.
(1)
The purpose of this section
is to establish uniform standards for the siting, design, permitting,
maintenance and use of wireless communications facilities (WCFs) in
Muhlenberg Township (referred to herein as the "Township"). While
the Township recognizes the importance of wireless communications
facilities in providing high-quality communications service to its
residents and businesses, the Township also recognizes that it has
an obligation to protect public safety and to minimize the adverse
visual effects of such facilities through the standards set forth
in the following provisions.
(2)
By enacting these provisions,
the Township intends to:
(a)
Accommodate the need for
wireless communications facilities while regulating their location
and number so as to ensure the provision for necessary services.
(b)
Provide for the managed
development of wireless communications facilities in a manner that
enhances the benefits of wireless communications and accommodates
the needs of both Township residents and wireless carriers in accordance
with federal and state laws and regulations.
(c)
Establish procedures for
the design, siting, construction, installation, maintenance and removal
of both tower-based and non-tower-based wireless communications facilities
in the Township, including facilities both inside and outside the
public rights-of-way.
(d)
Address new wireless technologies,
including but not limited to distributed antenna systems, data collection
units, cable Wi-Fi and other wireless communications facilities.
(e)
Minimize the adverse visual
effects and the number of such facilities through proper design, siting,
screening, material, color and finish and by requiring that competing
providers of wireless communications services co-locate their commercial
communications antennas and related facilities on existing towers.
(f)
Promote the health, safety
and welfare of the Township's residents.
B.
Tower- and non-tower-based WCF
requirements.
(1)
The following regulations
shall apply to all non-tower-based WCFs:
(a)
Permitted in all zones
subject to regulations. Non-tower-based WCFs are permitted in all
zones, subject to the restrictions and conditions prescribed below
and subject to applicable permitting by the Township.
(b)
Nonconforming wireless
support structures. A non-tower-based WCF shall be permitted to co-locate
upon a nonconforming non-tower WCF structure and other nonconforming
structures. Co-location of a WCF upon an existing tower-based WCF
structure is encouraged even if the tower-based WCF structure is nonconforming
as to use within a zoning district.
(c)
Standard of care. Any
non-tower-based WCF shall be designed, constructed, operated, maintained,
repaired, modified and removed in strict compliance with all current
applicable technical, safety and safety-related codes, including but
not limited to the most recent editions of the American National Standards
Institute (ANSI) Code, National Electrical Safety Code, and National
Electrical Code. Any WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(d)
Wind and ice. All non-tower
WCF structures shall be designed to withstand the effects of wind
and ice accumulation according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronic Industries Association and Telecommunications Industry
Association (ANSI/TIA-222, as amended).
(e)
Aviation safety. Non-tower
WCF structure shall comply with all federal and state laws and regulations
concerning aviation safety.
(f)
Public safety communications.
A non-tower WCF shall not interfere with public safety communications
or the reception of broadband, television, radio or other communications
services enjoyed by occupants of nearby properties.
(g)
Radio frequency emissions.
A non-tower WCF shall not, by itself or in conjunction with other
WCFs, generate radio frequency emissions in excess of the standards
and regulations of the FCC, including but not limited to the FCC Office
of Engineering Technology Bulletin 65 entitled "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields," as amended.
(h)
Removal. In the event
that use of a non-tower WCF is discontinued, the owner shall provide
written notice to the Township of its intent to discontinue use and
the date when the use shall be discontinued. Unused or abandoned WCFs
or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused
WCFs and accessory facilities shall be removed within two months of
the cessation of operations at the site unless a time extension is
approved by the Township.
[2]
If the WCF or accessory
facility is not removed within two months of the cessation of operations
at a site, or within any longer period approved by the Township, the
WCF and/or associated facilities and equipment may be removed by the
Township and the cost of removal assessed against the owner of the
WCF.
(i)
Permit processing time
frame. The timing of approval for applications shall be as follows:
[1]
Within 30 calendar
days of the date that an application for a non-tower WCF is filed
with the Township, the Township shall notify the WCF applicant in
writing of any information that may be required to complete such application.
[2]
Upon submission to
the Township of the additional required information, the Township
shall within 10 days notify the applicant if the application is now
complete.
[3]
For those applications
for non-tower-based WCFs that do not substantially change the physical
dimensions of the wireless support structure to which they are attached,
as defined by the Pennsylvania Wireless Broadband Collocation Act
(WBCA), within 60 days the Township shall make its final decision
on whether to approve the application.
[4]
For those applications
for non-tower-based WCFs that do substantially change the physical
dimensions of the wireless support structure to which they are attached,
as defined by the WBCA, within 90 days the Township shall make its
final decision on whether to approve the application.
[5]
The decision of the
Township shall be made in writing and provided to the applicant.
[6]
If additional information
was requested by the Township to complete an application, the time
required by the WCF applicant to provide the information shall not
be counted toward the Township's sixty- or ninety-day review periods,
as applicable. These timing requirements in this section shall only
apply to proposed facilities that fall under the Pennsylvania Wireless
Broadband Collocation Act.
(j)
Insurance. Each person
that owns or operates a non-tower WCF shall provide the Township with
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 non-tower WCF.
(k)
Indemnification. Each
person that owns or operates a non-tower WCF shall, at its sole cost
and expense, indemnify, defend and hold harmless the Township, its
elected and appointed officials, employees and agents, at all times
against any and all claims for personal injury, including death, and
property damage arising in whole or in part from, caused by or connected
with any act or omission of the person, its officers, agents, employees
or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of the non-tower WCF.
Each person that owns or operates a non-tower WCF shall defend any
actions or proceedings against the Township in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a non-tower WCF. The obligation to indemnify, hold harmless and
defend shall include, but not be limited to, the obligation to pay
judgments, injuries, liabilities, damages, reasonable attorneys' fees,
reasonable expert fees, court costs and all other costs of indemnification.
(l)
Maintenance. To the extent
permitted by law, the following maintenance requirements shall apply:
[1]
The non-tower WCF shall
be fully automated and unattended on a daily basis and shall be visited
only for maintenance or emergency repair.
[2]
Such maintenance shall
be performed to ensure the upkeep of the facility in order to promote
the safety and security of the Township's residents.
[3]
All maintenance activities
shall utilize nothing less than the best available technology for
preventing failures and accidents.
[4]
Cleaning and upkeep
of the outside will be conducted on a monthly basis.
(m)
Reservation of rights.
In accordance with applicable law and as set forth in more detail
in subsequent design and development standards below, the Township
reserves the right to deny an application for the construction or
placement of any non-tower WCF for numerous factors, which include
but are not limited to visual impact, design and safety standards.
(n)
Permit fees. The Township
shall assess appropriate and reasonable permit fees directly related
to the Township's actual costs in reviewing and processing the application
for approval of a non-tower WCF. Such WCF fees are listed under a
fee service resolution which is updated by the Township Commissioners
annually.
(2)
Existing WCF antenna/equipment
replacements. Removal, replacement and modification of existing WCF
antennas or existing equipment, such as electrical cabinets, on existing
tower-based WCFs is permitted in all zoning districts, subject to:
(a)
Submission of a zoning
permit for the WCF antenna/equipment replacement.
(b)
Provision of a report
from a structural engineer licensed in the State of Pennsylvania on
the structural adequacy of the existing WCF tower to accommodate the
added weight and wind load of the replacement WCF antenna/equipment.
(c)
Submission of a plan set
and other information as appropriate to show proposed replacement
work.
(d)
The removal and replacement
of WCFs and/or accessory equipment for the purpose of upgrading or
repairing the WCF is permitted, so long as such repair or upgrade
does not substantially change the overall size of the WCF.
(e)
Any material modification
to a wireless support structure shall require notice to be provided
to the Township and possible supplemental permit approval to the original
permit or authorization.
(f)
The replacement WCFs shall
comply with all applicable FCC and FAA regulations.
(g)
The replacement WCFs shall
comply with all applicable building codes.
(3)
WCF co-location. WCF co-locations
are divided into two categories: those that do not substantially change
the physical dimensions of the wireless support structure to which
they are attached and those which do substantially change the physical
dimensions of the wireless support structure to which they are attached.
The following regulations shall apply to all co-located WCFs on existing
telecommunication towers:
(a)
Permit required. WCF applicants
proposing the modification of an existing tower-based WCF structure
shall obtain a building permit from the Township. In order to be considered
for such permit, the WCF applicant must submit a permit application
to the Township in accordance with applicable permit policies and
procedures.
(b)
Related equipment. Ground-mounted
related equipment greater than three cubic feet shall not be located
within 50 feet of a lot in residential use or zoned residential.
(c)
Application review time frames. Time frames for review of WCF co-location applications shall be as set forth under § 355-83B(1)(i) of this chapter.
(d)
Height variance. If a
WCF co-location application proposes to substantially change the physical
dimensions of the wireless support structure to which they are attached
in a manner which would exceed the maximum tower height permitted
under these regulations, the applicant will need to secure a variance
for height from the Zoning Hearing Board. Any variance granted for
increased tower height will also have to address the required increased
safe fall zone.
(4)
Towers on municipal property.
WCF antennas and/or towers, as regulated and defined by this chapter,
are permitted by right on land owned or controlled by Muhlenberg Township
without the need for conditional use, provided that a license and/or
lease authorizing such antenna and/or tower has been approved by Muhlenberg
Township.
(5)
New WCF on existing structure.
The following regulations shall apply to all non-tower WCFs proposed
to be located on an existing structure:
(a)
Prohibited on certain
structures. No non-tower WCFs shall be located on single-family detached
residences, single-family attached residences, or any residential
accessory structure.
(b)
Conditional use authorization
required. Any WCF applicant proposing the construction of a new non-tower
WCF on an existing structure shall first obtain a conditional use
authorization from the Township. New constructions, modifications,
and replacements that do fall under the WBCA shall not be subject
to the conditional use process. The conditional use application shall
demonstrate that the proposed facility complies with all applicable
provisions in this section.
(c)
Historic buildings. No
non-tower WCFs may be located upon any property or on a building or
structure that is listed on either the National or Pennsylvania Register
of Historic Places, or is eligible to be so listed, or is listed on
the official historic structures and/or historic districts list maintained
by the Township, or has been designated by the Township to be of historical
significance.
(d)
Retention of experts.
The Township may hire any consultant(s) and/or expert(s) necessary
to assist the Township in reviewing and evaluating the application
for approval of the WCF and, once approved, in reviewing and evaluating
any potential violations of the terms and conditions of these WCF
provisions. The WCF applicant and/or owner of the WCF shall reimburse
the Township for all costs of the Township's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
(e)
Permit fees. The Township
shall assess appropriate and reasonable permit fees directly related
to the Township's actual costs in reviewing and processing the application
for approval of a non-tower WCF, as well as related inspection, monitoring
and related costs.
(f)
Development regulations.
Non-tower WCFs shall be co-located on existing buildings or other
suitable structures, subject to the following conditions:
[1]
The total height of
any wireless support structure and mounted WCF shall not exceed 20
feet above the maximum height permitted in the underlying zoning district,
unless the WCF applicant applies for and subsequently obtains a zoning
variance for height from the Zoning Hearing Board.
[2]
In accordance with
industry standards, all non-tower WCF applicants must submit documentation
to the Township justifying the total height of the non-tower WCF.
Such documentation shall be analyzed in the context of such justification
on an individual basis.
[3]
If the WCF applicant
proposes to locate the related equipment in a separate building, the
building shall comply with the minimum requirements for the applicable
zoning district.
[4]
A security fence of
not less than six feet and not more than eight feet shall surround
any separate communications equipment building. Vehicular access to
the communications equipment building shall not interfere with the
parking or vehicular circulations on the site for the principal use.
(g)
Design regulations.
[1]
Non-tower WCFs shall
employ stealth technology and be treated to match the wireless support
structure in order to minimize aesthetic impact. The application of
the stealth technology chosen by the WCF applicant shall be subject
to the approval of the Township.
[2]
Noncommercial usage
exemption. Township residents utilizing roof-mounted satellite dishes
and antennas for the purpose of maintaining television, phone and/or
Internet connections at their respective residences shall be exempt
from the regulations enumerated in this section of this chapter.
(h)
Inspection. The Township
reserves the right to inspect any WCF to ensure compliance with the
provisions of the Zoning Ordinance and any other provisions found
within the Township Code or state or federal law. The Township and/or
its agents shall have the authority to enter the property upon which
a WCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
(6)
Non-tower WCF located in
public right-of-way. The following presents additional regulations
applicable to all non-tower WCFs located in the public rights-of-way
throughout the Township:
(a)
Co-location. Non-tower
WCFs in the right-of-way shall be co-located on existing poles, such
as existing utility poles or light poles. If co-location is not technologically
feasible, the WCF applicant shall locate its non-tower WCFs on existing
poles or freestanding structures that do not already act as wireless
support structures, with the Township's approval.
(b)
Design requirements.
[1]
WCF installations located
above the surface grade in the public right-of-way, including, but
not limited to, those on streetlights and joint utility poles, shall
consist of equipment components that are no more than six feet in
height and that are compatible in scale and proportion to the structures
upon which they are mounted. All equipment shall be the smallest and
least visibly intrusive equipment feasible.
[2]
Antenna and related
equipment shall be treated to match the supporting structure and may
be required to be painted, or otherwise coated, to be visually compatible
with the support structure upon which they are mounted.
(c)
Time, place and manner.
The Township shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all non-tower WCFs in the right-of-way
based on public safety, traffic management, physical burden on the
right-of-way, and related considerations. For public utilities, the
time, place and manner requirements shall be consistent with the police
powers of the Township and the requirements of the Public Utility
Code.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(d)
Equipment location. Non-tower
WCFs and related equipment shall be located so as not to cause any
physical or visual obstruction to pedestrian or vehicular traffic
or to otherwise create safety hazards to pedestrians and/or motorists
or to otherwise inconvenience public use of the right-of-way, as determined
by the Township. In addition:
[1]
In no case shall ground-mounted
related equipment, walls or landscaping be located within 18 inches
of the face of the curb or within an easement extending onto a privately
owned lot;
[2]
Ground-mounted related
equipment that cannot be placed underground shall be screened, to
the fullest extent possible, through the use of landscaping or other
decorative features, to the satisfaction of the Township.
[3]
Required electrical
meter cabinets shall be screened to blend in with the surrounding
area, to the satisfaction of the Township.
[4]
Any graffiti on any
wireless support structures or any related equipment shall be removed
at the sole expense of the WCF owner.
[5]
Any proposed underground
vault related to a non-tower WCF shall be reviewed and approved by
the Township.
[6]
New ground-mounted
cabinets shall not be installed above the ground directly in front
of a residential structure.
[7]
The provision of poles
or bollards to protect new ground-mounted cabinets located within
the public right-of-way shall be prohibited.
(e)
Relocation or removal
of facilities. Within 60 days following written notice from the Township,
or such longer period as the Township determines is reasonably necessary
or such shorter period in the case of an emergency, an owner of a
WCF in the right-of-way shall, at its own expense, temporarily or
permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
[1]
The construction, repair,
maintenance or installation of any Township or other public improvement
in the right-of-way;
[2]
The operations of the
Township or other governmental entity in the right-of-way;
[3]
Vacation of a street
or road or the release of a utility easement; or
[4]
An emergency as determined
by the Township.
C.
New tower-based WCF requirements.
(1)
General tower-based WCF regulations.
The following general regulations shall apply to all tower-based wireless
communications facilities:
(a)
Standard of care. Any
tower-based WCF shall be designed, constructed, operated, maintained,
repaired, modified and removed in strict compliance with all current
applicable technical, safety and safety-related codes, including but
not limited to the most recent editions of the American National Standards
Institute (ANSI) Code, National Electrical Safety Code, National Electrical
Code, as well as the accepted and responsible workmanlike industry
practices of the National Association of Tower Erectors. Any tower-based
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
(b)
Notice. Upon submission
of an application for a new tower-based WCF and the scheduling of
the public hearing upon the application, the WCF applicant shall mail
notice to all owners of every property within 500 feet of the proposed
facility. The WCF applicant shall provide proof of the notification
to the Township.
(c)
Conditional use authorization required. New tower-based WCFs are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system [see § 355-83C(2) of this chapter]. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the new tower-based WCF is the minimum height necessary for the service area.
[1]
Prior to the Board's
approval of a conditional use authorizing the construction and installation
of a new tower-based WCF, it shall be incumbent upon the WCF applicant
for such conditional use approval to prove to the reasonable satisfaction
of the Board that the WCF applicant cannot adequately extend or infill
its communications system by the use of equipment such as redoes,
repeaters, antenna(s) and other similar equipment installed on existing
structures, such as utility poles or their appurtenances and other
available tall structures. The WCF applicant shall further demonstrate
that the proposed new tower-based WCF must be located where it is
proposed in order to serve the WCF applicant's service area and that
no other viable alternative location exists.
[2]
The conditional use
application shall be accompanied by a propagation study evidencing
the need for the proposed tower or other communication facilities
and equipment, a description of the type and manufacturer of the proposed
transmission/radio equipment, the frequency range (megahertz band)
assigned to the WCF applicant, the power in watts at which the WCF
applicant transmits, and any relevant related tests conducted by the
WCF applicant in determining the need for the proposed site and installation.
[3]
The conditional use
application shall also be accompanied by documentation demonstrating
that the proposed new tower-based WCF complies with all state and
federal laws and regulations concerning aviation safety.
[4]
Where the new tower-based
WCF is to be located on a property with another principal use, the
WCF applicant shall present documentation to the Board that the owner
of the property has granted an easement for the proposed WCF and that
vehicular access will be provided to the facility.
[5]
The conditional use
application shall also be accompanied by documentation demonstrating
that the proposed new tower-based WCF complies with all applicable
provisions in this section.
(d)
Engineer inspection. Prior
to the Township's issuance of a permit authorizing construction and
erection of a new tower-based WCF, a structural engineer registered
in Pennsylvania shall issue to the Township a written certification
of the proposed WCF's ability to meet the structural standards offered
by either the Electronic Industries Association or the Telecommunications
Industry Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the conditional hearings or, at a minimum, be made as a condition
attached to any approval given, such that the certification be provided
prior to issuance of any building permits.
(e)
Visual appearance and
land use compatibility. New tower-based WCFs shall employ stealth
technology, which may include the tower portion to be painted silver
or another color approved by the Board or have a galvanized finish.
All tower-based WCFs and related equipment shall be aesthetically
and architecturally compatible with the surrounding environment and
shall maximize the use of a like facade to blend with the existing
surroundings and neighboring buildings to the greatest extent possible.
The Board of Commissioners shall consider whether its decision upon
the subject application will promote the harmonious and orderly development
of the zoning district involved; encourage compatibility with the
character and type of development existing in the area; benefit neighboring
properties by preventing a negative impact on the aesthetic character
of the community; preserve woodlands and trees existing at the site
to the greatest possible extent; and encourage sound engineering and
land development design and construction principles, practices and
techniques.
(f)
Co-location and siting.
An application for a new tower-based WCF shall not be approved unless
the Board of Commissioners finds that the wireless communications
equipment planned for the proposed new tower-based WCF cannot be accommodated
on an existing or approved structure or building or sited on land
owned and maintained by Muhlenberg Township. The Board may deny an
application to construct a new tower-based WCF if the WCF applicant
has not made a good faith effort to mount the commercial communications
antenna(s) on an existing structure. The WCF applicant shall demonstrate
that it contacted the owners of tall structures, buildings, and towers
within a one-quarter-mile radius of the site proposed; sought permission
to install an antenna on those structures, buildings, and towers;
and was denied for one of the following reasons:
[1]
The proposed antenna
and related equipment would exceed the structural capacity of the
existing building, structure or 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
tower, and the interference cannot be prevented at a reasonable cost.
[3]
Such existing buildings,
structures, or towers do not have adequate location, space, access,
or height to accommodate the proposed equipment or to allow it to
perform its intended function.
[4]
A commercially reasonable
agreement could not be reached with the owner of such building, structure,
or tower.
(g)
Permit required for modifications.
To the extent permissible under applicable state and federal law,
any WCF applicant proposing the modification of an existing tower-based
WCF, which increases the overall height of such WCF, shall first obtain
a permit from the Township. Nonroutine modifications shall be prohibited
without a permit.
(h)
Gap in coverage. A WCF
applicant for a new tower-based WCF must demonstrate that a significant
gap in wireless coverage or capacity exists with respect to all wireless
operators in the applicable area and that the type of WCF being proposed
is the least intrusive means by which to fill that gap in wireless
coverage. The existence or nonexistence of a gap in wireless coverage
shall be a factor in the Township's decision on an application for
approval of new tower-based WCFs.
(i)
Additional antennas. As
a condition of approval for all new tower-based WCFs, the WCF applicant
shall provide the Township with a written commitment that it will
allow other service providers to co-locate antennas on the new tower-based
WCF where technically and economically feasible. The owner of a tower-based
WCF shall not install any additional antennas without obtaining the
prior written approval from the Township (zoning and building permits).
(j)
Wind and ice. Any tower-based
WCF structures shall be designed to withstand the effects of wind
and ice accumulation according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronic Industries Association and Telecommunications Industry
Association (ANSI/EIA/TIA-222, as amended).
(k)
Height. Any new tower-based
WCF shall be designed at the minimum functional height. The maximum
total height of a new tower-based WCF, which is not located in the
public right-of-way, shall not exceed 120 feet, as measured vertically
from the ground level to the highest point on the structure, including
antennas and subsequent alterations.
(l)
Related equipment. Either
one single-story wireless communications equipment building not exceeding
500 square feet in area or up to five metal boxes placed on a concrete
pad not exceeding 10 feet by 20 feet in area, housing the receiving
and transmitting equipment, may be located on the site for each unrelated
company sharing commercial communications antenna(s) space on the
tower-based WCF.
(m)
Public safety communications.
No new tower-based WCF shall interfere with public safety communications
or the reception of broadband, television, radio or other communications
services enjoyed by occupants of nearby properties.
(n)
Maintenance. The following
maintenance requirements shall apply:
[1]
Any tower-based WCF
shall be fully automated and unattended on a daily basis and shall
be visited only for maintenance or emergency repair.
[2]
Such maintenance shall
be performed to ensure the upkeep of the WCF in order to promote the
safety and security of the Township's residents and utilize the best
available technology for preventing failures and accidents.
(o)
Radio frequency emissions.
A tower-based WCF shall not, by itself or in conjunction with other
WCFs, generate radio frequency emissions in excess of the standards
and regulations of the FCC, including but not limited to the FCC Office
of Engineering Technology Bulletin 65, entitled "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields," as amended.
(p)
Historic buildings or
districts. A new tower-based WCF shall not be located upon a property
that is listed on either the National or Pennsylvania Register of
Historic Places, or eligible to be so listed, or is included in the
official historic structures and/or historic districts list maintained
by the Township.
(q)
Signs. All tower-based
WCFs shall post a sign in a readily visible location, identifying
the name and phone number of a party to contact in the event of an
emergency. The only other signage permitted on the WCF shall be those
required by the FCC or any other federal or state agency.
(r)
Lighting. No tower-based
WCF shall be artificially lighted, except as required by law. If lighting
is required, the WCF applicant shall provide a detailed plan for sufficient
lighting, demonstrating as unobtrusive and inoffensive an effect as
is permissible under state and federal regulations. The WCF applicant
shall promptly report any outage or malfunction of FAA-mandated lighting
to the appropriate governmental authorities and to the Township Secretary.
(s)
Noise. A tower-based WCF
shall be operated and maintained so as not to produce noise in excess
of applicable noise standards under state law and the Township Code,
except in emergency situations requiring the use of a backup generator,
where such noise standards may be exceeded on a temporary basis only.
(t)
Aviation safety. A tower-based
WCF shall comply with all federal and state laws and regulations concerning
aviation safety.
(u)
Retention of experts.
The Township may hire any consultant and/or expert necessary to assist
the Township in reviewing and evaluating the application for approval
of the new tower-based WCF and, once approved, in reviewing and evaluating
any potential violations of the terms and conditions of these provisions.
The WCF applicant and/or owner of the WCF shall reimburse the Township
for all costs of the Township's consultant(s) in providing expert
evaluation and consultation in connection with these activities.
(v)
Timing of approval. Within
30 calendar days of the date that an application for a new tower-based
WCF is filed with the Township, the Township shall notify the WCF
applicant in writing of any information that may be required to complete
such application (i.e., the requirement for a conditional use approval
from the Board of Commissioners). Upon submission to the Township
of the additional required information, the Township shall, within
10 days, notify the applicant if the application is now complete.
All applications for tower-based WCFs shall be acted upon within 150
days of the receipt of a fully completed application for the approval
of such tower-based WCF, and the Township shall advise the WCF applicant
in writing of its decision. If additional information was requested
by the Township to complete an application, the time required by the
WCF applicant to provide the information shall not be counted toward
the review period of 150 days.
(w)
Nonconforming uses. Nonconforming
tower-based WCFs which are hereafter damaged or destroyed due to any
reason or cause may be repaired and restored at their former location
but must otherwise comply with the terms and conditions of this section.
(x)
Removal. In the event
that use of a tower-based WCF is planned to be discontinued, the owner
shall provide written notice to the Township of its intent to discontinue
use and the date when the use shall be discontinued. Unused or abandoned
WCFs or portions of WCFs shall be removed as follows:
[1]
All unused or abandoned
tower-based WCFs and accessory facilities shall be removed within
90 days of the cessation of operations at the site unless a time extension
is approved by the Township.
[2]
If the WCF and/or accessory
facility is not removed within 90 days of the cessation of operations
at a site, or within any longer period approved by the Township, the
WCF and accessory facilities and equipment may be removed by the Township
and the cost of removal assessed against the owner of the WCF.
[3]
Any unused portions
of tower-based WCFs, including antennas, shall be removed within 90
days of the time of cessation of operations. The Township must approve
all replacements of portions of a tower-based WCF previously removed.
(y)
Permit fees. The Township
shall assess appropriate and reasonable permit fees directly related
to the Township's actual costs in reviewing and processing the application
for approval of a new tower-based WCF, as well as related inspection,
monitoring, and related costs.
(z)
FCC license. Each person
that owns or operates a tower-based WCF shall submit a copy of its
current FCC license, including the name, address, and emergency telephone
number for the operator of the facility.
(aa)
Reservation of rights.
In accordance with applicable law, the Township reserves the right
to deny an application for the construction or placement of any tower-based
WCF for numerous factors, including but not limited to visual impact,
design, and safety standards.
(bb)
Insurance. Each person
that owns or operates a tower-based WCF greater than 40 feet in height
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $5,000,000 per
occurrence and property damage coverage in the minimum amount of $5,000,000
per occurrence, covering the tower-based WCF. Each person that owns
or operates a tower-based WCF 40 feet or less in height shall provide
the Township with 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 each tower-based WCF.
(cc)
Indemnification. Each
person that owns or operates a tower-based WCF shall, at its sole
cost and expense, indemnify, defend and hold harmless the Township,
its elected and appointed officials, employees and agents, at all
times against any and all claims for personal injury, including death,
and property damage arising in whole or in part from, caused by or
connected with any act or omission of the person, its officers, agents,
employees or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of the tower-based
WCF. Each person that owns or operates a tower-based WCF shall defend
any actions or proceedings against the Township in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a tower-based WCF. The obligation to indemnify, hold harmless and
defend shall include, but not be limited to, the obligation to pay
judgments, injuries, liabilities, damages, reasonable attorneys' fees,
reasonable expert fees, court costs and all other costs of indemnification.
(dd)
Engineer signature.
All plans and drawings for a tower-based WCF shall contain a seal
and signature of a professional structural engineer, licensed in the
Commonwealth of Pennsylvania.
(ee)
Financial security.
Prior to receipt of a zoning permit for the construction or placement
of a new tower-based WCF, the WCF applicant shall provide to the Township
financial security sufficient to guarantee the removal of the tower-based
WCF. Said financial security shall remain in place until the tower-based
WCF is removed.
(2)
Specific regulations for
new tower-based WCFs located outside of public rights-of-way.
(a)
Development regulations.
[1]
New tower-based WCFs
shall not be located in an area in which utilities are primarily located
underground and shall not be located within 75 feet of any area in
which utilities are primarily underground.
[2]
New tower-based WCFs
greater than 40 feet in height, with a maximum of 120 feet, are permitted
outside the public right-of-way in the following zoning districts
by conditional use approval from the Township:
[3]
Sole use on a lot.
A new tower-based WCF shall be permitted as a sole use on a lot, provided
that the underlying lot is a minimum of 6,000 square feet. The minimum
distance between the base of a tower-based WCF structure and any adjoining
property line or street right-of-way line shall equal 33% of the proposed
WCF structure height.
[4]
Combined with another
use. A new tower-based WCF may be permitted on a property with an
existing use or on a vacant parcel in combination with another use,
except residential, subject to the following conditions:
[a]
The existing use
on the property may be any permitted use in the applicable district
and need not be affiliated with the WCF.
[b]
Minimum lot area.
The minimum lot shall comply with the requirements for the applicable
district and shall be the area needed to accommodate the tower-based
WCF and guy wires, the equipment building, security fence, and buffer
planting if the proposed WCF is greater than 40 feet in height.
[c]
Minimum setbacks.
The minimum distance between the base of a tower-based WCF structure
and any adjoining property line or street right-of-way line shall
equal 33% of the proposed WCF structure height. Where the site on
which a tower-based WCF is proposed to be located is contiguous to
an educational use, child day-care facility or residential use, the
minimum distance between the base of a tower-based WCF and any such
adjoining uses shall equal 110% of the proposed height of the tower-based
WCF unless it is demonstrated to the reasonable satisfaction of the
Board that in the event of failure the WCF structure is designed to
collapse upon itself within a setback area less than the required
minimum setback without endangering such adjoining uses and their
occupants.
(b)
Design regulations.
[1]
The new tower-based
WCF shall employ the most current stealth technology available in
an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
[2]
To the extent permissible
by law, any height extensions to an existing tower-based WCF shall
require prior approval of the Township.
[3]
Any proposed tower-based
WCF shall be designed structurally, electrically, and in all respects
to accommodate both the WCF applicant's antennas and comparable antennas
for future users.
[4]
Any tower-based WCF
over 40 feet in height shall be equipped with an anti-climbing device,
as approved by the manufacturer.
(c)
Surrounding environs.
[1]
The WCF applicant shall
ensure that the existing vegetation, trees and shrubs located within
proximity to the WCF structure shall be preserved to the maximum extent
possible.
[2]
The WCF applicant shall
submit a geotechnical report to the Township complying with the standards
of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended,
to document and verify the design specifications of the foundation
of the tower-based WCF and anchors for guy wires, if used.
(d)
Fence/screen.
[1]
A security fence having
a minimum height of 10 feet shall completely surround any tower-based
WCF greater than 40 feet in height, as well as guy wires, or any building
housing WCF equipment.
[2]
Landscaping shall be
required to screen as much of a newly constructed tower-based WCF
as possible. The Board may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if in the discretion of the Board they achieve the same
degree of screening. Existing vegetation shall be preserved to the
maximum extent possible.
(e)
Accessory equipment.
[1]
Ground-mounted related
equipment associated to, or connected with, a tower-based WCF shall
be placed underground or screened from public view using stealth technologies,
as described above.
[2]
All related equipment,
utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(f)
Access road. An access
road, turnaround space and parking shall be provided to ensure adequate
emergency and service access to a new tower-based WCF. Maximum use
of existing roads, whether public or private, shall be made to the
extent practicable. Road grades shall closely follow natural contours
to assure minimal visual disturbance and minimize soil erosion. Where
applicable, the WCF owner shall present documentation to the Township
that the property owner has granted an easement for the proposed facility.
(g)
Parking. For each tower-based
WCF greater than 40 feet in height, there shall be two off-street
parking spaces.
(h)
Inspection. The Township
reserves the right to inspect any tower-based WCF to ensure compliance
with this chapter and any other provisions found within the Township
Code or state or federal law. The Township and/or its agents shall
have the authority to enter the property upon which a WCF is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
(3)
Specific regulations for
tower-based WCFs located in public rights-of-way.
(a)
Location and development
standards.
[1]
Tower-based WCFs of
40 feet or shorter in height shall be permitted along certain collector
roads and arterial roads throughout the Township within all nonresidential
underlying zoning districts, provided that they are not situated within
50 feet of an area in which utilities are underground. A map of such
permitted roads is kept on file at the Township Zoning Office.
[2]
Tower-based WCFs 40
feet or shorter in height are prohibited in areas in which utilities
are located underground.
[3]
Tower-based WCFs 40
feet or shorter in height shall not be located in the front facade
area of any structure.
(b)
Time, place and manner.
The Township shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all tower-based WCFs in the
public right-of-way based on public safety, traffic management, physical
burden on the right-of-way, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(c)
Equipment location. A
tower-based WCF and related equipment shall be located so as not to
cause any physical or visual obstruction to pedestrian or vehicular
traffic or to otherwise create safety hazards to pedestrians and/or
motorists or to otherwise inconvenience public use of the right-of-way
as determined by the Township. In addition:
[1]
In no case shall ground-mounted
related equipment, walls or landscaping be located within 18 inches
of the face of the curb.
[2]
Ground-mounted related
equipment that cannot be placed underground shall be screened, to
the fullest extent possible, through the use of landscaping or other
decorative features to the satisfaction of the Township.
[3]
Required electrical
meter cabinets shall be screened to blend in with the surrounding
area to the satisfaction of the Township.
[4]
Any graffiti on the
tower or on any related equipment shall be removed at the sole expense
of the WCF owner.
[5]
Any underground vaults
related to tower-based WCFs shall be reviewed and approved by the
Township.
(d)
Design regulations.
[1]
The WCF shall employ
the most current stealth technology available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
[2]
Tower-based WCFs in
the public right-of-way shall not exceed 40 feet in height.
[3]
To the extent permissible
under state and federal law, any height extensions to an existing
tower-based WCF shall require prior approval of the Township and shall
not increase the overall height of the tower-based WCF to more than
40 feet.
[4]
Any proposed tower-based
WCF shall be designed structurally, electrically, and in all respects
to accommodate both the WCF applicant's antennas and comparable antennas
for future users.
(e)
Relocation or removal
of facilities. Within 60 days following written notice from the Township,
or such longer period as the Township determines is reasonably necessary
or such shorter period in the case of an emergency, an owner of a
tower-based WCF in the right-of-way shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
[1]
The construction, repair,
maintenance or installation of any Township or other public improvement
in the right-of-way;
[2]
The operations of the
Township or other governmental entity in the right-of-way;
[3]
Vacation of a street
or road or the release of a utility easement; or
[4]
An emergency as determined
by the Township.
(f)
Reimbursement for right-of-way
use. In addition to permit fees as described in this section, every
tower-based WCF in the right-of-way is subject to the Township's right
to fix annually a fair and reasonable fee to be paid for use and occupancy
of the right-of-way. Such compensation for right-of-way use shall
be directly related to the Township's actual right-of-way management
costs, including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other right-of-way management activities by the Township. The
owner of each tower-based WCF shall pay an annual fee to the Township
to compensate the Township for the Township's costs incurred in connection
with the activities described above.
A.
Municipal uses, as defined under Article II of this chapter, shall be permitted by right within the R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-3, I-1, I-2 and SA-1 Zoning Districts.
B.
The provisions
of this chapter shall not apply to Muhlenberg Township or the Muhlenberg
Township Municipal Authority. This exemption shall be contingent upon
the compliance with all provisions of the chapter as they pertain
to the public health, safety and general welfare of the community,
as deemed pertinent by the Muhlenberg Township Commissioners.
C.
Unless otherwise
exempt from the provisions of this chapter, all other governmental
agencies and uses shall comply with the provisions of this chapter.
A.
Other types of
land uses not specifically identified or recognized within this chapter
of the chapter may evolve or become commonly acceptable as a reasonable
use. It is the purpose of this section to provide for all reasonable
and appropriate land uses and to establish a mechanism for the inclusion
of such land uses within Muhlenberg Township.
B.
All undefined
or other reasonable land uses that are not recognized by this chapter
shall be permitted by conditional use within the I-2 Zoning District.
C.
Unless otherwise
permitted by the Board of Commissioners as part of the conditional
use application, the following design and development requirements
shall apply to all undefined or other reasonable land uses which are
not recognized by this chapter:
(1)
A minimum
of five acres of net land area shall be required to accommodate the
undefined use.
(2)
The undefined
uses shall be serviced by public sanitary sewage facilities and public
water supply facilities.
(3)
Depending
upon the complexity or intensity of the undefined use, the Board of
Commissioners shall establish the minimum and maximum dimensional
requirements as part of the conditional use application. These provisions
shall include the lot width, setback requirements (front, side and
rear), height, building coverage and lot coverage requirements for
the undefined use.
D.
As part of the
conditional use application, the Board of Commissioners shall consider
the following information and documentation submitted to Muhlenberg
Township on behalf of the applicant:
(1)
The applicant
shall submit a request for inclusion of an undefined or other reasonable
land use that is not recognized as part of the chapter, with illustrations
and complete documentation that completely describes the land use
activity and the manner in which it differs from the permitted uses
defined or permitted by the chapter.
(2)
Prior to
the commencement of the conditional use hearing, the Zoning Officer
shall review the submission and advise the Planning Commission and
Board of Commissioner if the application meets the purpose and objective
of this section of the chapter.
(3)
The applicant
shall provide evidence that the undefined use shall comply with all
provisions established within the chapter. This may include the submission
of a grading plan, utility plan, landscaping plan, architectural renderings,
traffic impact study and/or environmental impact assessment report.
Prior to the submission of the conditional use application, the applicant
shall consult with the Muhlenberg Township Engineer and Zoning Officer
to initially discuss the supplemental documentation that may be required
as part of the application.
E.
If the Board
of Commissioners approves the conditional use application, a complete
subdivision and/or land development plan shall be submitted to Muhlenberg
Township for review and consideration. The subdivision and/or land
development plan shall comply with all conditions of approval issued
as part of the conditional use application as well as all other provisions
specified by the chapter.
[Added 11-21-2016 by Ord.
No. 563]
B.
A dispensary may only dispense
medical marijuana in an indoor, enclosed, secure facility.
C.
A dispensary may not operate
on the same site as a facility used for the growing and processing
of medical marijuana.
D.
A dispensary may not be located
within 1,000 feet of the property line of a public, private or parochial
school or a day-care center.
E.
A dispensary may sell medical
devices and instruments which are needed to administer medical marijuana.
F.
A dispensary shall meet the same
municipal zoning and land use requirements as other commercial facilities
that are located in the same zoning district, as well as any additional
special standards applicable to this use as may be required under
Pennsylvania Act 16.[2]
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
G.
Medical marijuana may only be
dispensed to a patient or caregiver who receives a certification from
a practitioner and is in possession of a valid identification card
issued by the Pennsylvania Department of Health under the requirements
of Act 16.
H.
Fees for permits to dispense
medical marijuana shall be established by the Board of Commissioners
and set forth in a fee schedule, which may be amended from time to
time.
[Added 11-21-2016 by Ord.
No. 563]
B.
The growing of medical marijuana
can only be conducted by a grower/processor permitted under Pennsylvania
Act 16 and cannot be conducted separate from the processing activity.
C.
A grower/processor shall meet
the same municipal zoning and land use requirements as other manufacturing,
processing and production facilities that are located in the same
zoning district, as well as any additional special standards applicable
to this use as may be required under Pennsylvania Act 16.[2]
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
D.
A medical marijuana grower/processor
use is not considered as an agricultural use, but rather as a manufacturing
use.
E.
A grower/processor use may only
be conducted in an indoor, enclosed, secure facility.
F.
Fees for permits to dispense
medical marijuana shall be established by the Board of Commissioners
and set forth in a fee schedule, which may be amended from time to
time.
