A.
Procedure for approval.
(1)
Approval of conditional uses. The Board of Supervisors shall
hear and decide requests for conditional uses; however, the Board
of Supervisors shall not approve a conditional use application unless
and until:
(a)
A written application for conditional use approval is submitted
to the Zoning Officer one week prior to the regular meeting of the
Planning Commission. The application shall indicate the section of
this chapter under which conditional use approval is sought and shall
state the grounds upon which it is requested. The application shall
include the following:
[1]
Where warranted by the characteristics of the proposed use,
the Township may require a current property plan or drawing indicating
all existing and proposed structures and all proposed construction,
additions or alterations on the site in sufficient detail to determine
the feasibility of the proposed development and compliance with applicable
requirements of this chapter.
[2]
A written statement showing compliance with the applicable general
standards and criteria of the chapter for the proposed use.
[3]
The application fee required to be paid.
(b)
A written recommendation is received from the Planning Commission
or 30 days has passed from the date of the Planning Commission meeting
at which the application is first considered as complete and properly
filed for approval.
(c)
At least one copy of the public notice shall be posted on the
affected property at least seven days prior to the date that the public
hearing is commenced by the Board of Supervisors.
(d)
A public hearing is commenced by the Board of Supervisors pursuant
to the public notice and said hearing is scheduled no more than 60
days following the date of submission of a complete and properly filed
application, unless the applicant has agreed, in writing, to an extension
of time.
(e)
Each subsequent hearing before the Board of Supervisors shall
be held within 45 days of the prior hearing, unless otherwise agreed
by the applicant, in writing or on the record.
(f)
The Board of Supervisors shall render a written decision within
45 days after the last public hearing. Where the application is contested
or denied, the decision shall be accompanied by findings of fact and
conclusions based thereon. Conclusions based on any provision of this
chapter or any other applicable rule or regulation shall contain a
reference to the provision relied upon and the reasons why the conclusion
is deemed appropriate in light of the facts found.
(g)
Where the Board of Supervisors fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearing as specified in Subsection A(1)(d) and (e) above, the decision shall be deemed to have rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time. The Board of Supervisors shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If the Board of Supervisors shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(h)
If land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by Chapter 380, Subdivision and Land Development, may be processed concurrently, provided that all application requirements of both ordinances for a conditional use and a land development plan are met.
(2)
Expiration of conditional use approval. Conditional use approval
shall expire automatically, without written notice to an the applicant,
if no application for a land development plan, a grading permit, a
building permit or certificate of occupancy to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of said approval, unless
the Board of Supervisors, in its sole discretion, extends conditional
use approval upon written request of the applicant received prior
to its expiration. The maximum extension permitted shall be one twelve-month
extension.
(3)
Approval of uses by special exception. Special exceptions may
be permitted by the Zoning Hearing Board, consistent with the provisions
of the Pennsylvania Municipalities Planning Code, as amended,[2] pursuant to standards and criteria set forth in this chapter.
The Zoning Hearing Board shall hear and decide requests for uses by
special exception. The Zoning Hearing Board shall not approve an application
for a use by special exception unless and until:
(a)
A written application for approval of a use by special exception
is submitted to the Zoning Officer. The application shall indicate
the section of this chapter under which approval of the use by special
exception is sought and shall state the grounds upon which it is requested.
The application shall include the following:
[1]
A plan or drawing, if necessary, indicating all existing and
proposed structures and all proposed construction, additions or alterations
on the site in sufficient detail to determine the feasibility of the
proposed development and compliance with all applicable requirements
of this chapter.
[2]
A written statement showing compliance with this chapter for
the proposed use.
[3]
It is in general conformity with the Comprehensive Plan for
Robinson Township.
[4]
Evidence of property ownership or tenant with permission of
landowner as required by the MPC.
[5]
The developer shall submit drawings to the Board indicating
the boundaries of the property, location of adjacent streets, the
location and height of proposed buildings on the property with dimensions
from property lines, access to the property and the location and number
of proposed parking spaces.
(b)
The Board shall make findings of fact and state its reasons
for granting or denying the special exception. The Board shall have
the authority to require and approve specific plans.
(c)
At least one copy of the public notice shall be posted on the
affected property at least one week prior to the public hearing.
(d)
A public hearing pursuant to public notice, as defined herein, is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with procedures specified by Article VII of this chapter.
(e)
If land development approval is required for the use by special exception, the application for approval of a land development required by Chapter 380, Subdivision and Land Development, shall be submitted to the Township Planning Commission following approval of the use by special exception by the Zoning Hearing Board.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
Expiration of special exception use approval. Special exception
use approval shall expire automatically, without written notice to
an the applicant, if no application for a land development plan, a
grading permit, a building permit or certificate of occupancy to undertake
the construction or authorize the occupancy described in the application
for conditional use approval is submitted within 12 months of said
approval, unless the Board of Supervisors, in its sole discretion,
extends conditional use approval upon written request of the applicant
received prior to its expiration. The maximum extension permitted
shall be one twelve-month extension.
B.
Process. Applications for conditional uses or special exceptions
shall be made to the Township office. Conditional uses shall be granted
or denied by the Board of Township Supervisors after the recommendation
of the Township Planning Commission. Special exceptions shall be granted
or denied by the Zoning Hearing Board. Procedures shall follow those
specified in this chapter and the Pennsylvania Municipalities Planning
Code.[3] The Zoning Officer shall review all applications for conditional
uses or special exceptions to determine that they are complete and
correct. Upon such determination, a public hearing shall be scheduled
within any time limit established by the Pennsylvania Municipalities
Planning Code, unless the applicant has agreed, in writing, to a time
extension.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Overall performance standards for specified uses.
(1)
In addition to the specific standards and criteria listed for
each use listed, all applications for conditional uses and uses by
special exception listed in each zoning district shall demonstrate
compliance with all of the following general standards and criteria:
(a)
The use is permitted as a conditional use or special exception,
as defined under the terms of this chapter.
(b)
The specific criteria, if any, for the following use by conditional
use or special exception as applicable, will be met.
(c)
The use shall not endanger the public health, safety or welfare
nor deteriorate the environment as a result of being located on the
property where it is proposed.
(e)
If the proposed use should need supplementary or additional
public facilities and services such as highways, fire protection,
drainage systems, refuse disposal, water supply and sewage disposal,
the persons or agencies responsible for the establishment of the proposed
use may have to demonstrate their need to provide such.
(f)
Outdoor lighting, if proposed, shall be shielded and reflected
away from residential properties and public streets.
(2)
Where the applicant meets all applicable standards both for
a conditional use and relevant performance standards, including but
not limited to parking, lot area, and setbacks, it will be granted.
In granting a conditional use or special exception, the Board of Township
Supervisors or Zoning Hearing Board, as applicable, may also add reasonable
additional conditions and safeguards beyond the specific criteria
for each conditional use. The purpose of such additional conditions
and safeguards is to further mitigate negative impacts of a development
upon specific sites and make the use more compatible with the surrounding
zoning district. Such reasonable additional conditions and safeguards
may include, but are not limited to:
(a)
Establishment of screening and buffering or an increase in screening
and buffering normally required.
(b)
Limitations upon hours of operation.
(c)
Establishment of fencing for purposes of security, limiting
vehicular access, or control of windblown trash.
(d)
Limits upon future subdivision of property to prevent the creation
of a lot too small for the approved conditional use.
(e)
Changes in the location or design of access drives or parking
areas to prevent traffic hazards, congestion, or the impacts of increased
traffic upon local access and residential streets.
(3)
The developer will be notified, in writing, of any such reasonable
additional conditions and safeguards imposed by the Board as part
of any approval.
The purpose of cemeteries, under this chapter, is to provide
a proper burial ground for persons.
A.
Connections to existing Township streets will be no closer than 50
feet to a street intersection, 15 feet to a fire hydrant, 30 feet
to a driveway on the same side of the street and shall avoid streets
or driveways opposite proposed means of ingress and egress.
B.
The cemetery shall comply with all applicable federal, state, county
and Township laws, statutes, ordinances, resolutions and regulations.
C.
All new facilities shall have a size of at least 1/2 acre and shall
include a deeded right-of-way connecting the burial ground to a public
road.
Private clubs shall be subject to the following:
A.
Any establishment that includes a restaurant or tavern shall be subject to the off-street parking requirements of § 420-406 for the portion of the building devoted to the restaurant or tavern use, in addition to the parking required for the private club.
B.
Any rental of the facility to nonmembers shall require on-site management
and/or security personnel during the event.
C.
Activities on the site and within the building shall comply with the noise standards specified in § 420-407B(5) of this chapter.
Commercial recreation is divided into three subtypes. See Article VI for subtype definitions.
A.
Outdoor uses shall:
(1)
Have a lot of not less than six acres in size.
(2)
Outdoor speakers may be employed for musical performances between
the hours of 7:00 a.m. to 11:00 p.m. Outdoor speakers may also be
employed for outdoor recreation and outdoor recreation events/uses
between the hours of 7:00 a.m. to 10:30 p.m. during weekdays and 7:00
a.m. to 11:00 p.m. on weekends.
C.
Intensive uses shall:
(1)
Maintain a lot of at least 100 acres for commercial hunting
operations and 50 acres for all other intensive uses.
(2)
No enclosure for commercial hunting shall be erected within
450 feet of a residence, any agricultural building used to house livestock,
a school, day-care facility, or playground associated with a school.
Other intensive commercial recreation uses shall add 200 feet to all
required setback areas to create a buffer zone where no intensive
activities may occur.
(3)
No intensive use shall directly abut a residential district
or an existing planned residential development (as defined by this
chapter).
(4)
Commercial shooting ranges illustrate that the design and direction
of all firing lanes shall not present a danger to public health and
safety. The developer shall show adherence to best design practices,
such as the National Rifle Association's NRA Range Source Book, to
ensure safety. Other intensive uses shall present a plan to minimize
any noise created by activities through buffering, acoustic engineering
or topography.
Such uses are commercial in nature, normally seasonal, but do have a high impact potential. They are also regulated by Chapter 380, Subdivision and Land Development, of the Township of Robinson, and must comply with all provisions of that chapter relative to plan submittal and approval. Such uses shall:
No commercial saw mill on lots of less than 10 acres.
A.
Compliance with other regulations.
(1)
If applicable, the applicant shall demonstrate that it is licensed
by the Federal Communications Commission to operate a communications
tower and communication antennas. If not applicable, the Township
may require evidence of any exemption.
(2)
All applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation shall
be met.
(3)
All applicable Federal Aviation Administration, Commonwealth
Bureau of Aviation and applicable airport zoning regulations shall
be met.
B.
Dimensional requirements.
(1)
Towers shall be no taller than necessary to perform their intended
function. The maximum height of any communications tower shall be
no more than 300 feet unless preempted by airport zoning.
(2)
Communications towers may be located on a lot occupied by other
principal structures, and may occupy a leased parcel within a lot
meeting the minimum lot size requirements for the zoning district
it is located within, but the minimum area devoted to the communications
tower shall be at least two acres.
C.
Yard and setback requirements.
(1)
The minimum dimension between the tower base and any abutting
property line shall be at least the height of the tower plus 10 feet.
(2)
No two towers, existing or proposed, shall be within 3,000 feet
of one another unless two or more towers are placed on the same parcel
or lot. The distance between any tower base and the edge of the site
is at least the height of the tower closest to the edge.
(3)
No tower shall be located within 500 feet of a residential lot
with an occupied residential building unless waived by resident.
(4)
All support guy wire anchors and accessory buildings shall be
located within a fenced area upon the site.
(5)
Any communications equipment building shall comply with the
required yards and height requirements of applicable zoning district
for an accessory structure.
D.
Shared use of a tower. Before a new tower site can be approved, the
developer shall demonstrate that there is no feasible existing elevated
location within 3,000 feet of the proposed site capable of supporting
his/her equipment at the required height. Existing structures such
as steeples, silos or water tanks may be used, as well as existing
towers in lieu of a new tower. The developer shall provide letters
from the owners of the elevated locations stating that they have refused
the developer the use of their site.
E.
Fencing, access, landscaping, lighting, and other standards.
(1)
Pole towers will be preferred over lattice towers.
(2)
A security fence at least eight feet high shall surround the
entire area around the base of the tower, any accessory buildings
and guy anchors on the ground.
(3)
Access to the site, if it does not abut a public road, shall
be over an easement at least 20 feet wide between road and site and
shall be improved with a dust-free, all-weather surface to a width
of at least 10 feet for its entire length.
(4)
Existing trees on the site shall not be removed except within
the fenced area or for the access easement. An evergreen screen at
least six feet high shall be planted at the base of the tower and
accessory buildings to screen them from the view of nearby residences.
(5)
The tower and site shall not be lighted except as may be required
by the Federal Aviation Administration.
F.
Tower design and maintenance.
(1)
The tower installation shall be designed by a registered Pennsylvania
professional engineer, who shall supervise the construction at no
cost to the Township, shall certify that the structure has been designed
and constructed in accordance with the current Structural Standards
for Steel Antenna Towers and Antenna Supporting Structures, published
by the Electrical Industrial Association/Telecommunications Industry
Association. The structure must be capable of carrying at least twice
the anticipated initial load, with a safety factor for two, and of
withstanding wind and ice loads in accordance with accepted engineering
practices.
(2)
The developer shall provide a schedule for regular inspection
and maintenance of the tower and site and shall be responsible to
mow the entire site that is not in woods or in agricultural or other
active use.
G.
Submission requirements.
(1)
Even if a tower site is to be leased, a subdivision or land
development plan shall be prepared to show the site, described by
bearings and distances, within the property from which the site will
be leased or sold.
(2)
Evidence of a lease agreement must be presented.
(3)
A site development plan, drawn to scale, shall also be prepared
to show precisely the location of the tower on the site, fencing,
support buildings on the ground, guy anchors, and access easement.
(5)
Once finalized, the applicant shall submit the name, address
and emergency telephone number for the operator of the communications
tower for the use of emergency management personnel.
(6)
The applicant shall submit a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the communications tower and communications
antennas.
H.
Ultimate disposition. The developer, or current owner, shall be responsible
for the removal of the tower and the returning of the site to its
original condition within one calendar year after if the tower is
abandoned or the equipment is no longer operational. Landscaping installed
during development of the site may remain in place. Each tower owner
shall inform the Township of any changes in ownership or responsibility
for a tower immediately after the change occurs.
The intent of this use is to allow for a rural business to operate
in conjunction with a home or farm, but are of greater impact than
home occupation. Examples may include woodworking enterprises, light
repair services (such as small engine repair), and very light fabrication
or assembly.
A.
The owner or occupant or family member of the home must be engaged
in the business.
B.
No structure used for the business may be larger than 5,000 square
feet or gross floor area.
C.
No more than 20 persons, other than individuals who reside on the
property, may be employed in the business.
D.
Any building used for the business must meet minimum setback requirements
for where the property is located.
A.
Mining
may include the excavation of earth, sand, gravel, stone, coal or
other minerals by surface or deep mining methods and removal of the
excavated materials from the site when such activity is not a part
of an approved site development plan. An application for conditional
use must be approved prior to issuance of any land development plan,
stormwater management plan, or other approval.
B.
As part
of the application for conditional use approval, the applicant shall
submit a drawing showing:
(1)
The property on which the excavation will occur, including abutting
roads, property lines and boundary on the property within which the
excavating will occur, including proposed phasing of the work over
the life of the project.
(2)
Contours at five-foot intervals, indicating existing contours
and proposed contours at conclusion of excavation.
(3)
Solution to drainage from the site, showing means of carrying
groundwater to a natural drainage way or to an approved stormwater
system.
(4)
The registration seal of the engineer preparing the drawing
when over five acres in area.
C.
The excavator shall comply with all applicable regulations of this
chapter, including but not limited to site grading and drainage, landscaping
and buffering, and environmental standards.
D.
No landfill or dumps for garbage or other refuse or commercial or
industrial by-products shall be permitted, except land application
as permitted by the Pennsylvania Department of Environmental Protection.
E.
The excavation project shall be operated as follows:
(1)
Primary access to the site shall be controlled at one location.
(2)
The excavator shall post the property, noting that a dangerous
condition exists and warning trespassers away.
(3)
The excavator shall take care that trucks leaving the property
are not overloaded. If materials from trucks are spilled upon a public
road, all such materials shall be removed from the road within four
hours.
(4)
Wash stations shall be installed for trucks leaving the site
to enter a public road in order to ensure that no dust leaves the
property.
F.
The Board of Supervisors may require a bond in favor of the Township
to be posted by the excavator to cover damages that may occur to Township
roads as a result of hauling materials excavated from the permitted
site. The amount of the bond less any sums needed to correct damages
shall be refunded to the excavator within one year after the conclusion
of the operation.
G.
Within the context of any regulations established by the Pennsylvania
Department of Environmental Protection and other laws, the developer
shall agree to contact the Township to enable Township officials to
observe final backfilling and compaction of the site following any
excavation to ensure that illegal dumping does not occur and that
the site shall be ultimately usable for other purposes. Within the
confines of the standards for professional consultant reimbursement
under the Municipalities Planning Code,[1] such inspection by the Township may be at the developer's
cost.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
While the Township recognizes the importance of these endeavors,
their intensity makes them a conditional use. Such facilities shall
meet the following requirements:
A.
No specialized animal raising and care may be conducted on a lot
of less than 10 acres. The developer shall agree to not subdivide
any parcel below these stated minimums while the said use remains
active.
B.
No pens or runs shall be closer than 100 feet from neighboring lot
lines.
C.
Such facility shall provide evidence of meeting all applicable state
codes and licenses.
A.
Sportsman's clubs shall present a plan for any proposed serving of
alcohol on club grounds with evidence of compliance with Liquor Control
Board Rules and ensuring that hours of operation do not concur with
shooting events.
B.
A sportsman's club shall be located on a lot of no less than 40 acres.
C.
Sportsman's clubs shall illustrate that the design and direction
of all firing lanes and shall not present a danger to public health
and safety. The developer shall show adherence to best design practices,
such as the National Rifle Association's NRA Range Source Book, to
ensure safety. Other intensive uses shall present a plan to minimize
any noise created by activities through buffering, acoustic engineering
or topography.
D.
Outdoor shooting activities shall be limited to pistol range, skeet
shoot, trap and skeet, and rim-fire rifles.
The purpose of this conditional use is to allow very small retail
businesses that would serve the neighborhood or potential tourists.
Such uses shall:
A.
Provide all parking as required by this chapter on lot.
B.
All compressors shall be so enclosed as to baffle their sound from
surrounding uses.
C.
All dumpsters and or garbage/trash storage areas shall be enclosed.
D.
All signage shall be lit by indirect means.
E.
No newly constructed building shall exceed 5,000 square feet gross
floor area (GFA).
A.
Public and private accredited schools, hospitals, and nursing homes
shall be located on a paved public street which has two means of entrance
and exit (it shall not be located upon a dead-end road or street),
and with a minimum cartway width of 24 feet, or the street shall be
improved to this minimum cartway width.
B.
The design and landscaping shall be compatible with, and preserve
the character of, adjoining residential uses.
C.
All parking and recreation/play areas that abut residential uses
shall provide screen planting.
D.
Any outdoor lighting shall be designed to prevent glare to adjoining
properties.
E.
Such uses shall have, list and present, all required local, county,
state or federal permits, or applications for required permits. If
required permits are in the application stages, the final approval
for same shall be a condition prior to issuing a certificate of occupancy.
Personal care homes shall meet the following conditions:
A.
There shall be no sign or exterior display beyond the name of the home or its use. Signs shall meet the standards of § 420-408 of this chapter.
B.
Required local, county and/or state certifications shall be presented
to the Township Board of Supervisors. Specifically included are to
be applicable permits from the Pennsylvania Department of Human Services.
C.
Such uses shall have, list and present, all required local, county,
state or federal permits, or applications for required permits. If
required permits are in the application stages, the final approval
for same shall be a condition prior to issuing a certificate of occupancy.
This category may include agricultural processing industries
and warehousing except slaughterhouses and dead animal reduction plants.
This category includes retail outlets for agricultural products produced
on and off premises, including wineries, cider mills, and farmer's
markets as well as grain drying and feed mills, seed sales, feed grinding
services, and agricultural implement dealers.
A.
All canopies from gasoline pumps must be set back from a public right-of-way
by at least 1/2 of the front yard setback required.
B.
Areas for refueling underground fuel tanks shall be designed to comply
with all federal and state regulations.
C.
Such uses shall have, list and present, all required local, county,
state or federal permits, or applications for required permits. If
required permits are in the application stages, the final approval
for same shall be a condition prior to issuing a certificate of occupancy.
Day-care services shall be allowed as a conditional use providing
the following criteria are met:
A.
Any outdoor play area shall be effectively fenced from access to
abutting properties with a solid or opaque fence of at least four
feet in height.
B.
For all new construction, and where feasible for existing structures,
circular driveways shall be provided to deliver and pick up children.
These will be for the safety of the children and the protection of
the neighborhood. In any event, there shall be an off-street area
for loading/unloading children.
C.
Such uses shall have, list and present, all required local, county,
state or federal permits, or applications for required permits. If
required permits are in the application stages, the final approval
for same shall be a condition prior to issuing a certificate of occupancy.
Mobile home parks shall meet the following conditions:
A.
Provide evidence they have met all applicable regulations from sewage
disposal.
B.
Show evidence of compliance with all applicable Pennsylvania Department
of Environmental Protection regulations.
C.
Be screened from abutting single-family residential or business uses
(Type I).
D.
Any mobile homes must meet the Uniform Construction Code standards
for tiedowns/anchoring.
B.
Multiple single-family dwellings upon a single lot shall show that
all minimum lot and yard requirements are met in a manner that would
allow subdivision into legal lots if necessary at some point in the
future.
C.
All multifamily dwellings shall be provided with public water and
sewer connections or an approved community system.
D.
In addition to meeting minimum lot sizes for the district, the developer
shall provide at least 10,000 square feet of lot area for each dwelling
unit within the development.
E.
No portion of a multifamily dwelling may be erected within 100 feet
of a R1A or R1B Zoning District.
The purpose of this category is to diversify the Township's
economic base by providing more industrial business opportunities
in business areas without jeopardizing the overall welfare of other
small business. Such businesses shall:
A.
These
kinds of business differ from other kinds of retail or industry in
that activities and goods sold may occur outside of buildings.
B.
No vehicles will be parked or stored within any setback lines or
encroach upon a required yard area, except customer vehicles parked
on a short-term basis. For the purposes of this section, a "short-term
basis" shall be defined as less than 72 hours.
C.
If there is outdoor storage of new or used parts, scrap parts, unlicensed
vehicles, parts of vehicles, or vehicles which lack current Pennsylvania
inspection stickers, the storage area must be completely enclosed
with opaque fencing at least six feet high and meet all setback requirements.
No outdoor storage of mulch, stone or similar loose material
is permitted within 200 feet of a property line occupied by a dwelling
in separate ownership.
Such uses are permitted subject to the following requirements:
A.
All outdoor storage shall be within rear or side yard setbacks and
behind the front lot line.
These structures consist of one or more larger buildings that
are divided into small separate units. These units are then rented
for storage, normally for personal goods. Such uses must adhere to
the following regulations:
A.
There shall be no outdoor storage of any type, at any time, with
the exception of properly registered and permitted vehicles. Such
vehicles and trailers shall be stored in a manner that they are visually
screened from any abutting residential use.
B.
In addition to the required side and rear yards, an additional ten-foot
buffer yard shall be required. This buffer yard is to be planted in
evergreen trees to provide a visual buffer to surrounding properties.
Front yards shall be landscaped with a mix of lower shrubs, grass
and trees.
C.
The entire complex shall be surrounded by a security fence at least
six feet but not greater than eight feet in height. Said fence shall
be no closer to any lot line than 10 feet.
A.
It is
the intent of the planned business park (PBP) to provide for development
of research and business parks that, while meeting applicable building,
health and safety standards, also foster innovative building and open
space resulting in an aesthetically attractive working environment;
provide for the preservation and protection of natural resources and
the effective use of land and materials; foster internal and external
educational, business and research relationships to enhance the economic
stability of the region; and provide the flexibility to adapt to changes
in markets and technologies.
B.
The PBP is intend to achieve the following objectives:
(1)
Provide for screening, landscaping, signage, and lighting.
(2)
Provide efficient, safe and aesthetic land development.
(3)
Provide for adequate light and air, proper building arrangements,
and minimum adverse effect on surrounding property and to preserve
existing topography, trees, amenities, landmarks and natural features.
(4)
Develop proper safeguards to minimize the impact on the environment
including but not limited to minimizing soil erosion and sedimentation,
air and water pollution, and noise levels.
(5)
Ensure the provision of adequate water supply drainage and stormwater
management, sanitary facilities and other utilities and services.
(6)
Provide this type of development with infrastructure and services
supplied by the Township and public authorities.
C.
Design and improvements.
(1)
The design and physical improvements to the property being developed shall be provided by the developer as shown on the approved plan in accordance with the requirements of this section. Unless specifically waived or superseded by this chapter, all PBPs must comply with all requirements of Chapter 380, Subdivision and Land Development, and Chapter 369, Stormwater Management, both of the Code of the Township of Robinson.
(2)
Location. A PBP shall be adjacent to and have the primary vehicle
access to an arterial street as defined or mapped in the Robinson
Township Comprehensive Plan.
(3)
Size. A proposed PBP shall have no maximum acreage limit but
shall contain no less than 20 acres of total land area.
(4)
All land contained in a proposed PBP must be filed by a single
landowner and be developed as a single entity.
D.
Permitted uses. Land and structures in a PBP may only be used for
the following:
(1)
Primary uses.
(a)
Public and private institutions of higher education and training.
(b)
Laboratories, offices and other facilities for both basic and/or
applied research.
(c)
Corporate and governmental offices that are in conformance with
the intent of this chapter.
(d)
Production or assembly of prototype only to the scale necessary
for full investigation of the merits of the product.
(e)
Data and communication centers, information processing facilities.
(f)
Business, professional and financial offices.
(g)
Hotels, conference facilities, meeting rooms and restaurants.
(h)
Business services and retail uses incidental to and in support
of other permitted uses.
(i)
Multioccupancy incubators.
(j)
Light industry.
(2)
Accessory uses.
(a)
Open space improvements and facilities.
(b)
Active recreational structures and fitness facilities.
(c)
Caretaker residences.
(d)
Other incidental operations required to maintain or support
a primary or limited use, such as maintenance shops, central energy
plants and wastewater treatment facilities.
E.
Density.
(1)
Lot area shall be a minimum of 20,000 square feet.
(2)
Maximum building coverage.
(a)
The total ground floor area of all buildings and structures
shall not exceed 35% of the total land area of the park.
(b)
Maximum impervious surfaces shall, in developments of 50 to
100 acres, not exceed 60% and, in developments of 100 plus acres,
not exceed 65% of the total land area of the park.
F.
Perimeter requirements. The park shall be designed to avoid adverse influences and impacts on surrounding properties. Required setbacks from perimeter boundaries shall be 100 feet for structures and 50 feet for parking areas. I-576 perimeter setbacks shall be 50 feet for structures and 25 feet for parking and driveway areas. Entry features are excluded from setback requirements provided they meet requirements of Chapter 380, Subdivision and Land Development, of the Code of the Township of Robinson.
G.
Interior setbacks. Interior setbacks must be proposed by the developer
and shown on the preliminary plan and will be approved by the Township
Board of Supervisors as a part of the preliminary plan approval. These
setbacks must be consistent with the PBP's design and intent. Minimum
front yard setbacks shall be 35 feet. Minimum side and rear yards
setbacks shall be 20 feet.
H.
Open space requirements.
(1)
A minimum of 30% of the gross area of the park shall be devoted
to open space.
(2)
At least 50% of the required open space shall be contiguous.
(3)
For purposes of calculating required acreage specified herein,
open space shall not include land occupied by streets, driveways,
parking spaces and buildings or structures, other than recreational
structures.
I.
Environmental design.
(1)
The environmental design scheme of the PBP shall be laid out
in such a fashion so that all of the elements listed below are incorporated
into a harmonious and aesthetically pleasing design. Consideration
should be given to the overall character of the development and its
visual effect on adjacent uses as well as the tenants of the development
and residents of the Township.
(2)
Existing trees should be inventoried and preserved whenever
possible. Existing sands of mature healthy trees, hedgerows, waterways,
historic sites, scenic points, views and vistas and other community
assets and landmarks shall be preserved.
(3)
The PBP should be designed to minimize grading and other changes
to the natural terrain. All grades and slopes should blend with the
surrounding terrain and development.
(4)
All landscaping shall be in conformance with an overall landscaping
plan and unifying concept for the development.
(5)
The PBP shall conform to the regulations on erosion and grading control contained in Chapter 380, Subdivision and Land Development, of the Code of the Township of Robinson.
(6)
The PBP shall conform to the requirements of Chapter 369, Stormwater Management, of the Code of the Township of Robinson.
(7)
Billboards shall be prohibited. Identification and direction signs shall be permitted, subject to regulation under § 420-408 of this chapter.
(8)
There shall be no direct glare, whether from floodlights or
high-temperature processes, so as to be visible from adjoining zoning
districts.
J.
Streets and traffic.
(1)
A PBP shall have an internal system of public streets with the
major access to the site linked to an arterial street.
(2)
A system of pedestrian and bikeway access, in the form of paved
sidewalks for interior walkways, shall be provided within the PBP.
The minimum width of these access ways shall be eight feet in width
and these accessways shall be paved with asphalt and be designed to
drain. It may be necessary to connect between every use, structure
or recreational area with pedestrian walks outside the park area for
safety concerns.
[Amended 11-9-2020 by Ord. No. 02-2020; 2-8-2021 by Ord. No. 02-2021]
Sexually oriented businesses, as defined herein, shall be permitted
as a special exception, provided:
A.
All overnight kennel facilities accessory to the clinic shall be
able to provide indoor facilities for domestic pets and should be
able to provide outdoor facilities for large animals.
B.
The clinic shall show evidence of legal means of disposal of dead
animals and other medical waste.
C.
The clinic shall be screened from abutting residentially zoned property
(Type I screening).
A.
Liquid storage tanks shall be completely surrounded by a dike capable
of containing the maximum contents of all the tanks within the dike.
Any openings in the dike shall be leakproof when closed and shall
close automatically in the event of tank rupture. As needed, tanks
shall be registered with DEP, comply with their regulations, and show
evidence of same.
B.
No tank shall be located closer than 100 feet to any property or
street line or 500 feet to any residence.
C.
The area within the dike shall be drained by an underground system
capable of closing automatically in the event of tank rupture.
D.
An emergency management plan shall be prepared and approved by the
Township with consultation with the local Fire Department and the
consent of the DEP shall be secured by the developer as conditions
of issuing a zoning permit or certificate.
A.
The operator of the flea market shall either be the property owner
or provide evidence of written permission (such as a lease agreement)
to utilize the property.
B.
The operator shall submit a plan that details public parking areas
and the number and location of proposed seller stalls.
C.
The operator shall have a contract with an approved waste hauler
and a minimum of one fifty-gallon-capacity solid waste receptacle
(or equivalent dumpster capacity) for every four proposed sellers.
Correctional facilities/halfway houses shall meet the following
requirements:
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
A.
The nature of the on-site processing operations, the materials used
in the process, the products produced, and the generation and methods
for disposal of any by-products. In addition the applicant shall furnish
evidence that the disposal of materials will be accomplished in a
manner that complies with state and federal regulations.
B.
The general scale of the operation in terms of its market area, specific
floor space requirements for each step of the industrial process,
the total number of employees on each shift, and an overall needed
site size.
C.
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited performance standards under § 420-407, Performance standards.
[Amended 11-9-2020 by Ord. No. 02-2020; 2-8-2021 by Ord. No. 02-2021]
D.
A traffic study prepared by a professional traffic engineer and meeting
any standards for such studies within Robinson Township.
A.
All drive and parking areas shall be hard surfaced with asphalt or
concrete.
B.
Type III screening per § 420-409B(3) shall surround the storage area.
C.
No emission of objectionable gases, fumes, smoke or dust may occur.
Operators of sanitary landfills shall file with the Board of
Supervisors written proof that they have met all permit requirements
of the state and/or federal government as they may apply to a specific
development.
A.
Local requirements which must be met prior to permit approval by
the Board include:
(1)
Minimum lot size of 20 acres; a buffer yard of 200 feet from
all public rights-of-way and 400 feet from all dwellings, schools,
churches, hospitals and residential uses.
(2)
An eight-foot-high cyclone-type fence with panel weaving or
similar solid fencing shall parallel all lot lines for purposes of
preventing the passing of windblown litter and preventing direct visibility
for the working area from public rights-of-way and adjoining properties.
Barrier fences shall be maintained in good condition at all times.
(3)
The barrier shall be at a minimum distance of 75 feet from all
operations, and the area between the work area and barrier shall consist
of natural cover of vegetation of forestry. This strip shall not be
of barren soil.
(4)
The landfill shall have no more than two access routes, unless
the landfill property borders three or more public rights-of-way.
In such an event, approval by the Township Supervisors will be necessary
to secure an additional access route. All access areas shall be maintained
in a dust-free condition at all times.
(5)
A bond will be filed with the Township Supervisors, at an amount
deemed necessary by the Board of Supervisors, to provide for protection
of Township roads, which may be used for access to this landfill.
(6)
The operator shall submit to the Board for approval a plan for
the restoration of the landfill area, which shall include anticipated
future use of the restored land. A DEP-approved restoration plan will
be sufficient, where required.
(7)
Due to bird-strike hazards, landfills are not permitted within
5,000 feet of any airport.
(8)
Hours of operation shall be limited to between 7:00 a.m. and
7:00 p.m.
A.
Natural gas compressor stations are permitted as a permitted use
in Industrial (I) and Light Industrial (LI) Zoning Districts and as
a conditional use in Commercial (C), Rural Residential (R1A) and Agricultural
(A) Zoning Districts.
B.
Natural gas processing plants are permitted as a conditional use
in Industrial (I) and Light Industrial (LI) Zoning Districts.
C.
The requirements for either a permitted use or conditional use under this § 420-335 are as follows:
(1)
Before filing an application the applicant shall meet with representatives
of the Township to discuss the:
(a)
Proposed use;
(b)
Site location;
(c)
The time frame for development;
(d)
Traffic routes;
(e)
The condition of Township roads as a part of said traffic route and
the potential need for advance repairs or upgrades;
(f)
Plans for potential excess maintenance of said traffic routes; and
(g)
Traffic safety.
(2)
Applicant shall submit four copies of a signed and completed
application with all applicable and required fees to the Township
Zoning Officer.
(a)
The application must include the following information:
[1]
A written narrative signed and dated by the applicant, describing
the proposed use outlining an approximate timeline for the proposed
development;
[2]
A site plan, or a copy of the applicant's erosion and sediment
control plan and post-construction stormwater management plan if said
plans have been prepared by a licensed professional (e.g., engineer,
surveyor, geologist or landscape architect) who is registered in Pennsylvania
and who has attended up-to-date training provided by DEP, Office of
Oil and Gas Management on erosion and sediment control and post-construction
stormwater management for oil and gas activities;
[3]
A copy of the applicant's preparedness, prevention and contingency
plan;
[4]
A road access plan showing both temporary and permanent access
routes and identifying all ingress and egress points;
[5]
If any weight-restricted Township roads will be used by applicant
for any oil and gas development or operations, applicant shall comply
with any applicable road bonding requirements and provide proof of
bonding of said roads. In lieu of road bonding, the Township and applicant
may enter into a road maintenance agreement, a copy of which will
be included;
[6]
A copy of highway occupancy permits and other permits already
obtained at the time of the application submission.
[7]
Written authorization from the property owner(s) who has legal
or equitable title in and to the surface of the proposed development.
A copy of the oil and gas, mineral or other subsurface lease agreement
or similar document vesting legal or equitable title to the surface
will constitute written authorization;
[8]
The name of an individual and emergency contact number that
the Township or residents may contact 24 hours a day for each day
of the week to report emergencies.
(3)
Natural gas compressor stations or natural gas processing plants shall meet the location restrictions established by the commonwealth, its regulatory agencies and relevant local, state or federal statutes or regulations. Natural gas compressor stations or natural gas processing plants shall additionally meet the front, rear and side yard setbacks as provided for in Article II of this chapter.
(4)
No natural gas compressor station or natural gas processing
plant shall be located closer than 1,000 feet to any dwelling, library,
school or place of worship.
(5)
Applicant/operator shall take the necessary safeguards to ensure
that the paved Township roads utilized shall remain free of dirt,
mud, and debris resulting from development activities and/or shall
ensure such roads are promptly swept or cleaned if dirt, mud and debris
occur.
(6)
Applicant/operator shall take necessary precautions to ensure
the safety of persons in areas established for road crossing and/or
adjacent to roadways (for example, persons waiting for public or school
transportation). Where necessary and permitted, during periods of
anticipated heavy or frequent truck traffic associated with development,
applicant/operator will provide flagmen or other alternative and approved
safety mechanism to ensure the safety of children at or near schools
or school bus stops and include adequate sign and/or warning measure
for truck traffic and vehicular traffic. Applicant/operator will coordinate
its efforts with the school districts so as to minimize heavy truck
traffic during the hours school buses are picking up or dropping off
children.
(7)
The access driveway off the public road to the natural gas compressor
station or natural gas processing plant site shall be gated at the
entrance to prevent illegal access.
(8)
Fencing of at least six feet in height shall be installed around
all natural gas compressor stations and natural gas processing plants.
(9)
Applicant/operator shall take the necessary safeguards to ensure
appropriate dust-control measures are in place.
(10)
Direct site lighting downward and inward toward the natural
gas compressor station or natural gas processing plant so as to minimize
glare on public roads and adjacent buildings within 500 feet of the
facility.
(11)
Unless otherwise approved by adjacent property owners, no construction
activities of natural gas compressor stations or natural gas processing
plants shall be performed during the hours of 10:00 p.m. to 6:00 a.m.
(12)
Applicant/operator shall not clear brush or trees by way of
burning, and shall chip, grind or remove all stumps from properties
it clears for development purposes.
(13)
Noise standards for natural gas compressor stations and natural
gas processing plants shall be equal to or less than 55 decibels at
the nearest dwelling, library, school or place or worship at the time
of initial construction.
(14)
Conditional use requirements.
(a)
Applicant/operator shall be responsible to pay the advertising
and cost of public hearings incurred by the Township related to the
application for activities authorized by this chapter.
(b)
Applicants/operators submitting an application for activities
authorized by this chapter shall do so on a zoning permit application
provided by the Township and shall submit an application fee based
on the type of use, permitted or conditional, in accordance with the
Township fee schedule.
B.
The developer shall either submit incorporation for a property owners'
association that would own and maintain all private improvements,
or show evidence that all minimum lot and yard requirements are met
in a manner that would allow subdivision into legal lots if necessary
at some point in the future.
C.
The proposal shall show adherence to all environmental design standards under § 420-325 as applicable to the site.
D.
Shopping
centers shall only contain uses that are permitted in the relevant
zoning district. If a use in a shopping center changes after the shopping
center has received conditional use approval from the Board, then
the new use will be required to seek separate zoning approval.
[Added 1-10-2022 by Ord. No. 01-2022]
A.
A grower/processor must have a valid permit issued by the Pennsylvania
Department of Health.
B.
A grower/processor may only grow, store, harvest or process medical
marijuana in an indoor, enclosed, secure facility (building), which
includes electronic locking systems, electronic surveillance, and
other features required by the Pennsylvania Department of Health.
C.
All materials and equipment shall be stored within a completely enclosed
building.
D.
The storage or manufacture of hazardous or potentially hazardous
materials shall not be permitted.
E.
The size of the proposed operation and its relationship to surrounding
uses shall be evaluated by the Supervisors to determine the appropriateness
of the proposed activity in the location proposed.
F.
Adequate public facilities shall be available to meet the requirements
of the proposed manufacturing process.
G.
Adjacent public streets shall be adequate to accommodate the traffic
volumes and weight limits associated with truck traffic to and from
the site.
H.
The Supervisors may impose restrictions on access to the facility,
storage of vehicles or materials on the premises, hours of operation
and other such matters as they deem necessary to insure that there
is no adverse impact upon the functioning of the district or adjacent
parcels.
I.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining property so that no direct beam of light, but only
diffuse or reflected light, enters adjoining properties.
J.
A grower/processor may not be located within 1,000 feet of the property
line of a public or private school day-care services facility, and
may not be located within 750 feet of a residential use, and/or residential
zoning district.
K.
A grower/processor may not operate on the same site as a dispensary.
A.
Such uses, as described herein, are owned and operated by a private
utility or a private entity that provides the described services.
B.
Essential services (wholesale or private) are allowable as a conditional use in all zoning districts subject to the procedures for conditional use approval set forth in § 420-300 of this chapter. Additionally, if land development approval is required for the conditional use, the application for approval of land development shall be regulated by Chapter 380, Subdivision and Land Development, of the Code of the Township of Robinson, including plan submittal and approval procedures, unless specifically exempted by a provision of this chapter.
C.
Where the essential service (wholesale or private) described in an application to the Township is an aboveground, high-voltage (HV) electrical transmission line, the application submission requirements for the conditional use under this § 420-338 are as follows.
(1)
Applicant shall submit four copies of a signed and completed
application with all applicable and required fees to the Township
Zoning Officer.
(a)
The application must include the following information:
[1]
The name of the applicant and the address of its principal business
office.
[2]
The name, title and business address of the attorney of the
applicant and the person authorized to receive notice and communications
with respect to the application if other than the attorney of the
applicant.
[3]
A general description, not a legal or metes and bounds description,
of the proposed route of the HV line, to include the number of route
miles, the right-of-way width and the location of the proposed HV
line within the Township.
[4]
The names and addresses of known persons, corporations and other
entities of record owning property within the proposed right-of-way.
[5]
A general description of the applicant's HV line right-of-way
interests.
[6]
A general description of the need for the proposed HV line.
[7]
A general description of the safety considerations which will
be incorporated into the design, construction and maintenance of the
proposed HV line.
[8]
A description of studies which have been made as to the projected
environmental impact of the HV line as proposed and of the efforts
which have been and which will be made to minimize the impact of the
HV line upon the environment and upon scenic and historic areas, including
but not limited to impacts, where applicable, upon land use, soil
and sedimentation, plant and wildlife habitats, terrain, hydrology
and landscape.
[9]
A matrix or list of all federal, state and local government
with requirements governing the construction or maintenance of the
proposed HV line; the regulatory permitting or licensing approvals
that must be required for the project at the time the application
is filed; and the approximate timeline for approval and current status.
The applicant should provide relevant updates on the status of the
regulatory permitting/licensing approvals throughout the application
process.
[10]
The estimated cost of construction of the proposed
HV line and the projected date for completion.
[11]
The following exhibits:
[a]
A depiction of the proposed route on aerial photographs
and topographic maps of suitable detail.
[b]
A general description of the proposed HV line,
including the length of the line, the number of supporting structures,
the design voltage, the size, number and materials of the conductors,
the design of the supporting structures and their height, configuration
and materials of construction.
[c]
A simple drawing of a cross section of the proposed
right-of-way of the HV line and any adjoining rights-of-way showing
the placement of the supporting structures at typical locations, with
the height and width of the structures, the width of the right-of-way
and the lateral distance between the conductors and the edge of the
right-of-way indicated.
[12]
Additional information as the Township may reasonably
require with respect to the proposed HV line.
(b)
The application shall be signed by a person having authority
with respect thereto and having knowledge of the matters therein set
forth and shall be verified by the same.
(2)
At conditional use hearings held under this section, the Township
will accept evidence upon and in its determination of the application
it will consider, inter alia, the following matters:
(a)
The impact and the efforts which have been and will be made
to minimize the impact, if any, of the proposed HV line upon the following:
A.
A dispensary must have a valid permit issued by the Pennsylvania
Department of Health.
B.
A dispensary may only dispense medical marijuana in an indoor, enclosed,
secure facility (building).
C.
A dispensary may not operate on the same site as a grower/processor.
D.
A dispensary may not be located within 1,000 feet of the property
line of a public or private school, day-care services facility, and
may not be located within 750 feet of a residential use, and/or residential
zoning district.
E.
A dispensary may sell medical devices and instruments which are needed
to administer medical marijuana under the Medical Marijuana Act, 35
P.S. §§ 10231.101 et seq.
F.
A dispensary may sell services approved by the Pennsylvania Department
of Health related to the use of medical marijuana.
Prior to issuance of a zoning certificate, the applicant shall
present a plan to the Zoning Officer that meets the following performance
standards:
A.
Evidence that the home occupation will be carried on entirely within
the dwelling unit.
B.
Evidence that no more than 25% of the gross floor area of the dwelling
may be used for the home occupation.
C.
Evidence that articles sold or offered for sale on site shall be
limited to mail-order articles or articles for sale elsewhere.
D.
Evidence that no offensive noise, vibration, smoke (or other particulate
matter), heat, humidity, glare or other objectionable effects shall
be produced.
E.
Evidence that no equipment or processes shall be used which creates
interference in radio or television receivers off the premises or
which cause fluctuation in utility line transmissions. Applicant will
also show that electric or electronic equipment will not create an
electrical fire hazard.
F.
In order to retain the home occupation zoning certificate, not more
than five persons other than the occupants of the dwelling unit shall
be employed.
The harvesting of trees shall be a permitted use in all districts,
unless harvesting is being done as an adjunct to land development
activities. However, any timber harvester (with the exception of a
landowner harvesting his own trees) shall provide the Zoning Officer
a sketch of the area to be harvested (a clear photocopy of a USGS
quadrangle will be adequate). Also, the applicant must:
A.
Oil and gas well site development is allowed as a permitted use in
the Agricultural (A), Industrial (I), Light Industrial (LI), and Rural
Residential (R1A) Zoning Districts and as a conditional use in those
zoning classifications of Commercial (C), and Special Conservation
(SC).
B.
Oil and gas subsurface facilities and activities are authorized in
all zoning districts. Oil and gas subsurface facilities and activities
shall be exempt of the requirements of this section.
C.
Oil and gas impoundments shall be allowed as a permitted use in the
Industrial (I) Zoning District and as a conditional use in the Agricultural
(A), Light Industrial (LI), Rural Residential (R1A) and Special Conservation
(SC) Zoning Districts.
D.
Underground injection wells, or similarly named or proposed wells,
regulated by the Environmental Protection Agency through Underground
Injection Control program shall be prohibited in all other zoning
districts. This section (exempting O&G from other requirements
of zoning) shall not apply to wells falling within this category.
E.
The requirements for either a permitted use or conditional use, with the exception of oil and gas subsurface activities and facilities, under this § 420-342 are as follows:
(1)
Before filing an application the applicant shall meet with representatives
of the Township to discuss the:
(a)
Proposed use;
(b)
Site location;
(c)
The time frame for development;
(d)
Traffic routes;
(e)
The condition of Township roads as a part of said traffic route and
the potential need for advance repairs or upgrades;
(f)
Plans for potential excess maintenance of said traffic routes; and
(g)
Traffic safety.
(2)
Applicant shall submit four copies of a signed and completed
application with all applicable and required fees to the Township
Zoning Officer.
(a)
The application must include the following information:
[1]
A written narrative signed and dated by the applicant, describing
the proposed use outlining an approximate timeline for the proposed
development;
[2]
A site plan, or a copy of the applicant's erosion and sediment
control plan if said plan has been prepared by a licensed professional
(e.g., engineer, surveyor, geologist or landscape architect) who is
registered in Pennsylvania and who has attended up-to-date training
provided by DEP Office of Oil and Gas Management on erosion and sediment
control and post-construction stormwater management for oil and gas
activities;
[3]
A road access plan showing both temporary and permanent access
routes and identifying all ingress and egress points;
[4]
If any weight-restricted Township roads will be used by applicant
for any oil and gas development or operations, applicant shall comply
with any applicable road bonding requirements and provide proof of
bonding of said roads. In lieu of road bonding, the Township and applicant
may enter into a road maintenance agreement, a copy of which will
be included;
[5]
A copy of the applicant's preparedness, prevention and contingency
plan;
[6]
A copy of the applicant's erosion and sedimentation control
plan and post-construction stormwater management plan;
[7]
A copy of any state permits, to include the ESCGP 1 or 2, well
permits, highway occupancy permits and other permits already obtained
at the time of the application submission. An applicant may submit
an application without the necessary and approved state permits but
final Township approval shall be contingent upon receipt of said state
permits. The applicant shall submit to the Township a true and correct
copy of all permits issued by the Pennsylvania Department of Environmental
Protection (PA DEP) and other state permitting agencies prior to beginning
any work on an approved oil and gas development site;
[8]
Written authorization from the property owner(s) who has legal
or equitable title in and to the surface of the proposed development.
A copy of the oil and gas, mineral or other subsurface lease agreement
or similar document vesting legal or equitable title to the surface
will constitute written authorization;
[9]
The name of an individual and emergency contact number that
the Township or residents may contact 24 hours a day for each day
of the week to report emergencies;
[10]
When applicable, a copy of applicant's FAA Form
7460-1 Notice of Proposed Construction or Alteration showing that
there is no interference with air traffic; and
[11]
The number of trailers to be located on the site.
(3)
Recognizing that the specific location of equipment and facilities
is an important integral part of oil and gas development, as a part
of the planning process, the applicant/operator shall strive to consider
location of its temporary and permanent operations, where prudent
and possible, so as to minimize interference with Township residents'
enjoyment of their property.
(4)
Oil and gas well site development shall only be permitted to
be located on property that is a minimum of 10 acres or larger. Multiple
properties may be combined to meet the 10 acre minimum.
(5)
Oil and gas operations shall meet the location restrictions established by the commonwealth, its regulatory agencies and found in those environmental acts. Oil and gas operations shall additionally meet the front, rear and side yard setbacks as provided for in Article II of this chapter.
(6)
Applicant/operator shall take the necessary safeguards to ensure
that the Township roads utilized shall remain free of dirt, mud, and
debris resulting from development activities and/or shall ensure such
roads are promptly swept or cleaned if dirt, mud and debris occur.
(7)
Applicant/operator shall take all necessary precautions to ensure
the safety of persons in areas established for road crossing and/or
adjacent to roadways (for example, persons waiting for public or school
transportation). Where necessary and permitted, during periods of
anticipated heavy or frequent truck traffic associated with development,
applicant/operator will provide flagmen or other alternative and approved
safety mechanism to ensure the safety of children at or near schools
or school bus stops and include adequate sign and/or warning measure
for truck traffic and vehicular traffic. Applicant/operator will coordinate
its efforts with school districts so as to minimize heavy truck traffic
during the hours school buses are picking up or dropping off children.
(8)
The access driveway off the public road to the drill site shall
be gated at the entrance to prevent illegal access to the drill site.
(9)
For any gas well where the planned surface location of the well
will be within 1,000 feet of a protected structure, the operator shall
either install temporary safety fencing at least six feet in height
around the established drilling pad or in lieu of fencing provide
at least one security guard 24/7 at all times when drilling or completions
equipment is on the well site.
(10)
Before drilling, first responders shall have on-site orientation
and be provided with adequate awareness information. Upon request
from the Township, applicant/operator will, prior to drilling of an
oil or gas well, make available at its sole cost and expense an appropriate
site orientation for first responders. Such site orientation shall
be made available at least annually during the period when the applicant/operator
anticipates drilling activities in the Township.
(11)
Applicant/operator shall take the necessary safeguards to ensure
appropriate dust-control measures are in place.
(12)
Except in an emergency, no bullhorns shall be used on site as
a means of communication on the drill site.
(13)
Recognizing that adequate and appropriate lighting is essential
to the safety of those involved in the development of oil and gas,
the applicant/operator shall take steps, to the extent practicable,
to direct site lighting downward and inward toward the drill site,
wellhead, or other area being developed so as to minimize glare on
public roads and adjacent buildings within 500 feet of the drill site,
wellhead, or other area being developed.
(14)
Prior to initial construction activities in the Township, the
applicant/operator shall attend a public meeting to present general
information about the applicant/operator's development plans in the
Township and allow for questions and answers related to. The operator
shall notify, in writing, by U.S. Mail or personal service, owners
of real estate within 3,000 feet of contemplated drilling within the
Township, the date, time and location of the meeting, and the approximate
location of the proposed well site at least once, not more than 30
days and not less than seven days in advance of the meeting. If requested
by the Township, and if drilling activities continue for more than
12 months, the operator shall attend additional meetings and present
information, but shall not be required to do so more often than annually,
unless additional well sites not previously discussed at a public
hearing are proposed.
(15)
Prior to the commencement of drilling activities, no construction
activities involving the alteration to, or repair work on, any access
road or well site shall be performed during the hours of 10:00 p.m.
to 6:00 a.m.
(16)
Operator shall not clear brush or trees by way of burning, and
shall chip, grind or remove all stumps from properties it clears for
development purposes.
(17)
All oil and gas operations must comply with the noise requirements in § 420-407B(5). In the event that an applicant/operator is unable to meet the aforementioned requirements the applicant/operator may either:
(a)
Utilize appropriate noise mitigation measures that may include
sound barriers or such technology or devices that will allow the applicant/operator
to meet said noise requirements; or
(b)
Obtain a release waiver of said noise requirements from the owners/renters of those properties who would be affected by noise conditions in excess of that allowed in § 420-407.
[1]
The applicant/operator must submit a professionally
prepared sound study or sound impact assessment identifying those
parcels that would be subject to excess sound levels.
[2]
The applicant/operator must obtain release waivers
from all adversely impacted property owners/renters as identified
on the sound study or sound impact assessment. A copy of said release
waiver shall be provided to the Township.
[a]
All release waivers shall be signed by the impacted
property owner/renter and notarized.
[3]
Upon applicant's/operator's submittal of said sound study or sound impact assessment and release waivers from all impacted property owners/renters, the applicant/operator shall be deemed to have met the requirements and intent of § 420-407B(5).
[4]
In the event that, upon commencement of activity, sound from oil and gas development and operations exceeds the allowances of § 420-407 on the properties of those owners/renters who did not sign a release waver, applicant/operator will either obtain a release waiver from said individuals per the requirements of Subsection E(17)(b)[2] above or be required to institute noise mitigation as referenced in Subsection E(17)(a) above.
(18)
The Township reserves the right to review and approve all temporary
housing arrangements for employees of operator and any subcontractors
working on the well site during the duration of drilling operations.
If approved, the applicant/operator will be required to pay a fee
in accordance with that provided for in the Township fee schedule.
(19)
All work-over operations shall be restricted to the hours of
6:00 a.m. to 10:00 p.m., except in the event of an emergency, as reasonably
determined by the operator. "Work-over operations" shall mean the
process of performing major maintenance or remedial treatments on
an oil or gas well.
(20)
Conditional use requirements.
(a)
Applicant/operator shall be responsible to pay the advertising
and cost of public hearings incurred by the Township related to the
application for activities authorized by this chapter.
(b)
Applicants/operators submitting an application for activities
authorized by this chapter shall do so on zoning permit application
provided by the Township and shall submit an application fee based
on the type of use, permitted or conditional, in accordance with the
Township fee schedule.
Golf courses and golf or country clubs shall be subject to the
following:
A.
The minimum site required shall be 30 acres.
B.
Clubhouses shall be located at least 200 feet from any property line
adjoining property in a residential zoning district and at least 50
feet from all other property lines.
C.
Where eating and/or drinking facilities are provided, loading areas and parking requirements of § 420-406 for eating and drinking places shall be met.
D.
The clubhouse and any other outdoor recreation facility, other than
the golf course, such as a swimming pool or tennis courts, shall be
screened (Type IV screening) along all property lines that adjoin
property in any residential zoning district.
E.
Outdoor operations shall be discontinued between the hours of 11:00
p.m. and 6:00 a.m.
Kennels shall be subject to the following:
A.
If required by law, the facility shall be licensed by the commonwealth.
B.
The facility shall comply with the Pennsylvania Dog Law (PA 1996-1513;
3 P.S. § 459-101 et seq.), as now or hereafter amended,
and all applicable rules and regulations of the Pennsylvania Department
of Agriculture.
C.
The minimum site required to operate a kennel shall be five acres.
D.
Outdoor kennels shall be located at least 300 feet from any occupied
dwelling on an adjacent lot and at least 200 feet from any property
line adjoining property in a R-1A, R-1B, or R-2 Zoning District.
E.
Type I screening, as defined by § 420-409B, shall be installed along any property line adjoining an existing dwelling for the distance necessary to screen the adjacent dwelling and its rear yard from the kennel.
F.
Outdoor runs and similar facilities shall be constructed for easy
cleaning and shall be adequately secured by a minimum six-foot-high
fence with self-latching gate.
G.
The operator shall submit an animal waste management and disposal
plan to the Township.
Crematoriums shall be subject to the following:
[Added 10-10-2022 by Ord. No. 04-2022]
Accessory and principal solar energy systems shall be subject
to the following:
A.
Compliance. The owner of the real property upon which the solar energy
system shall be erected, as well as the applicant, shall be responsible
for compliance with this article.
B.
Accessory solar energy systems (ASES).
(1)
Regulations applicable to all accessory solar energy systems:
(a)
ASES are a permitted accessory use in all Zoning Districts.
(b)
ASES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this section.
Any physical modification to an existing ASES, whether or not existing
prior to the effective date of this section that materially alters
the ASES, shall require approval under this section Routine maintenance
or like-kind replacements do not require a permit.
(c)
The ASES shall meet the dimensional requirements of the applicable zoning district, unless otherwise specified in § 420-346.
(d)
The ASES layout, design and installation shall conform to applicable
industry regulations and with all applicable fire and life safety
requirements.
(e)
All on-site utility, transmission lines less than 34.5 kV, and
plumbing shall be placed underground to the greatest extent possible.
(f)
The ASES shall be designed to use the energy created for on-site
use only.
(g)
All solar energy systems should be designed and located to ensure
solar access without reliance on and/or interference from adjacent
properties.
(h)
All ASES shall be situated to eliminate concentrated glare onto
nearby structures or roadways.
(i)
No ASES shall be used to display advertising, including signage,
streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons,
flags, banners or similar materials.
(2)
Regulations applicable to roof-mounted and wall-mounted accessory
solar energy systems:
(a)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(b)
ASES mounted on roofs or walls of any building shall be subject
to the maximum height regulations specified for buildings within each
of the applicable zoning districts.
(c)
Wall mounted ASES shall comply with the building setbacks in
the applicable zoning districts.
(d)
Solar panels shall not extend beyond any portion of the existing
roof or wall edge.
(e)
The applicant shall provide evidence certified by an appropriately
licensed professional that the roof or wall is capable of holding
the load of the ASES.
(3)
Regulations applicable to ground-mounted accessory solar energy
systems:
(a)
A ground-mounted ASES shall not be located in the required front
or side yards.
(b)
Freestanding ground-mounted ASES solar panels shall not exceed
25 feet in height above the ground elevation surrounding the systems.
(c)
The area beneath the ground mounted ASES shall be considered
pervious cover, unless the use of impervious construction materials
under the system should cause the area to be considered impervious.
(d)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system, or in any other manner that would alter or impede stormwater
runoff from collecting in a construed stormwater conveyance system.
(e)
If a ground-mounted ASES is removed, any earth disturbance as
a result of the removal of the ground-mounted solar energy system
shall be graded and returned to environmentally stable condition.
C.
Principal solar energy systems (PSES).
(1)
Regulations applicable to all principal solar energy systems:
(a)
PSES are a conditional use in A, C, LI, and I Zoning Districts.
(b)
The applicant shall provide the following information including
but not limited to:
[1]
Project narrative including the following: an overview of the
project, project operator, project location, the approximate generating
capacity, the number, representative types and heights of facilities
to be constructed, including their generating capacity, dimensions,
and respective manufacturers, and description of any ancillary facilities
to the solar-energy system.
[2]
An affidavit or similar evidence of agreement between the property
owner and the solar-energy facility owner or operator demonstrating
permission to apply for necessary permits for construction and operation
of a solar-energy facility.
[3]
Identification of the properties on which the proposed PSES
will be located and the properties adjacent to the proposed location.
[4]
A site plan showing the planned location of each proposed PSES,
property lines, setback lines, access roads and the location of any
ancillary structures, including equipment, cabling, buildings, structures,
transmission lines, and substations.
[5]
A viewshed impact analysis illustrating views of the proposed
PSES from multiple angles.
[6]
A design certification by a certified engineer consisting of
the proposed foundation design and analysis of soil conditions.
(d)
PSES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this section.
Any physical modification to any existing PSES, whether or not existing
prior to the effective date of this section that expands the PSES
shall require approval under this section. Routine maintenance or
replacements do not require a permit.
(e)
The PSES shall meet the dimensional requirements of the applicable zoning district, unless otherwise specified in § 420-346.
(f)
The PSES layout, design and installation shall conform to applicable
industry regulations, and with all other applicable fire and life
safety requirements.
(g)
All on-site utility transmission lines less than 34.5kV and
plumbing shall be placed underground to the greatest extent feasible.
(h)
The PSES shall be set back 100 feet from any occupied residence,
measured from the outer edge of the panels or perimeter fence of the
PSES, whichever is closer to the occupied residence, and the nearest
edge of the occupied residence foundation.
(i)
The Applicant shall provide the Township written confirmation
that the public utility company to which the PSES will be connected
has been informed of the customer's intent to install a grid
connected system.
(j)
If a PSES is being used to support commercial or industrial
activity on another property, then the Township shall be informed
of the intent of the PSES.
(k)
All PSES shall include signage with warning and safety information
and any other information required by federal, state and local law
and in accordance with this section.
(l)
Lighting shall be in accordance with the applicable sections
of this section.
(m)
All PSES shall be situated to eliminate concentrated glare onto
nearby structures or roadways.
(n)
All solar energy systems should be designed and located to ensure
solar access without reliance on and/or interference from adjacent
properties.
(o)
The PSES owner and/or operator shall maintain a phone number
throughout the life of the project for the Robinson Township Code
Enforcement Officer to contact with inquiries and verified complaints.
The PSES owner and/or operator shall make reasonable efforts to respond
to the inquiries and complaints. A contact name, with knowledge of
the system, must be provided to Robinson Township with updates due
to employee advancement or turnover.
(2)
Regulations applicable to ground-mounted principal solar energy
systems:
(a)
Ground-mounted PSES solar panels shall not exceed 25 feet in
height.
(b)
Impervious coverage.
(d)
Unless agreed to by easement or right-of-way holder, ground-mounted
PSES shall not be placed within any legal easement or right-of-way
location, or be placed within any stormwater conveyance system, or
in any other manner that would alter or impede stormwater runoff from
collecting in a constructed stormwater conveyance system.
(e)
Security.
[1]
In accordance with the National Electrical Code, all ground
mounted PSES shall be completely enclosed by fencing with locking
gate. The fence must be either (1) a minimum six-foot high fence with
barbed wire or a seven-foot high fence.
[2]
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the PSES informing individuals of potential voltage hazards.
(f)
Access drives to solar inverter stations are required to allow
for maintenance and emergency management vehicles. The minimum cartway
width is 24 feet.
(g)
If a ground-mounted PSES is removed, any earth disturbance as
a result of the removal of the ground mounted solar energy system
must be returned to an environmentally stable condition.
(3)
Solar grazing.
(a)
Solar grazing may accompany PSES in all zoning districts where
agriculture is a permitted principal use. The applicant may submit
a solar grazing plan as part of the application and for the Board's
consideration as part of its conditional use application for the PSES.
(b)
The solar grazing plan must indicate:
[1]
The type and amount of livestock to be utilized for solar grazing.
The Township encourages the use of sheep for solar grazing;
[2]
The water source for the livestock. The applicant must provide
a water well for the livestock if public water or reliable on-lot
water (steam or pond) is not available;
[3]
The seed mix to be used for the grazing area. The Township requires
a grazing friendly seed mix to be used, Fuzz & Buzz seed mix or
similar;
[4]
Whether portable low voltage energizers and fences will be utilized
or low three feet interior fences are to be installed to facilitate
best grazing/vegetation management;
[5]
Whether fencing gates will be installed between adjoining solar
parcels for moving solar grazing livestock and/or line up gates between
separately fenced sections of the arrays; and
[6]
Whether pipe fences and gates around inverter/transformer pads
will be appropriate.
(4)
Roof-mounted principal solar energy systems:
(a)
The applicant shall provide evidence certified by an appropriately
licensed professional that the roof is capable of holding the load
of the PSES.
(b)
PSES mounted on roofs of any building shall be subject to the
maximum height regulations specified for buildings within the applicable
zoning district. A roof-mounted PSES may not exceed the current perimeter
of the existing roof.
(5)
Local emergency services.
(a)
The applicant shall provide a copy of the project summary and
site plan to local emergency services, including paid or volunteer
fire department(s).
(b)
The applicant shall cooperate with emergency services to develop
and coordinate implementation of an emergency response plan for the
solar energy facility.
(6)
Decommissioning.
(b)
Removal.
[1]
The PSES shall be decommissioned and removed in compliance with
this section within six months after the date project abandonment
occurs.
[2]
Also within six months after the date of project abandonment,
the project parcel(s) shall be restored to an environmentally stable
condition as close to preconstruction condition as reasonably practical.
[3]
If the property owner/project owner fails to remove the PSES
in accordance with the requirements of this section, the Township
shall have the authority to enter the project parcel(s) and physically
remove the PSES, at the expense of the property owner.
(c)
Decommissioning plan.
[1]
A decommissioning plan prepared by a professional engineer or
contractor shall provide the estimated cost to remove the PSES and
related infrastructure, including but not limited to:
[a]
Cost to remove foundations.
[b]
Cost to remove pads.
[c]
Cost to remove underground collector lines.
[d]
Cost to remove permanent roads built on the project
parcels as part of the construction of the PSES all to a depth of
four feet below the surface.
[e]
Estimated cost to restore the project parcel(s)
to an environmentally stable condition substantially similar to the
condition of the project parcel(s) prior to construction of the PSES.
[f]
The estimated salvage value of the PSES.
[2]
The decommissioning plan shall be updated every five years.
[3]
Updated decommissioning plan.
[a]
A revised and updated decommissioning plan shall
be provided to the local Planning Commission for review and recommendation
five years after the date the building permit was issued for the PSES
and each five-year anniversary thereafter until the PSES has been
fully decommissioned and the project parcel has been restored as required.
[b]
After review and recommendation by the Planning
Commission, the updated decommissioning plan must be reviewed and
approved by the Board of Supervisors.
[c]
Such plan may be submitted to the Planning Commission
up to 180 days prior to the date due.
[d]
Shall contain same information as the original
decommissioning plan and shall provide an updated decommissioning
cost.
(d)
Decommissioning security.
[1]
Prior to construction, a security in the form of a performance
bond or irrevocable letter or credit in the amount to the decommissioning
cost (if the decommissioning cost is a positive number) securing the
decommissioning obligations of the PSES and naming the Township as
a beneficiary shall be delivered to the Township.
[2]
The security shall be posted to reflect the revised decommissioning
cost every five years.
[3]
The decommissioning security shall be posted or revised in the
amount of the new decommissioning cost within 60 calendar days after
approval of an updated decommissioning plan by Board of Supervisors
and shall replace the existing decommissioning security, if applicable.
(e)
Decommissioning security release. After the PSES is fully decommissioned
and written certification is issued by the Township Engineer to the
Board of Supervisors that the project parcel(s) have been restored
to an environmentally stable condition substantially similar to the
condition they were in prior to construction of the PSES, the Township
shall release the decommissioning security.
D.
Administration.
(1)
Applications.
(a)
Permit applications shall document compliance with this section
and shall be accompanied by drawings showing the location of the solar
energy system on the building or project parcel(s), including property
lines. Permits must be kept on the premises where the solar energy
system is located.
(b)
The permit shall be revoked if the solar energy system, whether
new or preexisting, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the solar energy system
not to be in conformity with this section. In the case of nonconformity
caused by natural forces, the owner shall have 60 days to initiate
necessary remedial action to bring system back in conformance with
the ordinance.
(c)
The solar energy system must be properly maintained and be kept
free from all hazards, including, but not limited to, faulty wiring,
loose fastenings, being in an unsafe condition or detrimental to public
health, safety or general welfare.
(d)
For PSES systems, conditional use approval is required prior
to obtaining preliminary or final land development plan approval.
The conditional use approval and land development plan processes can
be concurrent.
(e)
All necessary stormwater plan approval, E&S, and NPDES permits,
if any, must be approved prior to receiving final approval of the
land development plan.
(f)
ASES systems for single-family residential use are exempt from
the land development process, but a zoning permit is required.
(2)
Developers agreement. If required by the Board, the applicant
shall, prior to receipt of an approved permit, sign a Robinson Township
developers agreement and submit funds to an escrow account which will
reimburse the Township for any actual fees or costs incurred arising
out of or related to the application and project (collectively the
"costs"). The costs shall include, but not be limited to, engineering
and legal fees. Any funds remaining after project completion shall
be returned to the developer.
(3)
Modifications.
(a)
The Board of Supervisors may, in its sole discretion, grant
modification of the requirements of one or more provisions of this
section if the applicant can show that literal enforcement of this
section will create an undue hardship because of peculiar conditions
pertaining to the property in question, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of this section is observed. All requests for a modification
shall be in writing and shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions of the section involved and the minimum modification
necessary.
