[Ord. No. 376, 7/24/2018]
The following procedures shall apply to all applicants for approval
of a conditional use or use by special exception in all zoning districts.
[Ord. No. 376, 7/24/2018]
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 or his or her designated representative no less
than 20 calendar days prior to the regular meeting of the Planning
Commission. The applications 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)
A preliminary land development plan, if required by the Township
Subdivision and Land Development Ordinance, or, if a land development
plan is not required, a current property survey indicating all existing
and proposed structures and all proposed construction, additions or
alterations on the site in sufficient detail to determine the feasibility
of the proposed development and compliance with all applicable requirements
of this chapter.
(2)
A written statement showing compliance with the applicable express
standards and criteria of this Part for the proposed use.
(3)
A traffic impact study, as defined herein, for any use that,
according to the latest edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual, will generate 75 or more additional
trips during the adjacent street's peak hours.
B.
A written recommendation is received from the Township Planning Commission
or 45 days have passed from the date of the Planning Commission meeting
at which the application is first considered as complete and properly
filed for approval.
C.
A public hearing is conducted by the Board of Supervisors pursuant
to public notice and said hearing is scheduled no more than 60 days
following the date of submission of a complete and properly filed
application, unless the applicant has agreed, in writing, to an extension
of time.
D.
Each subsequent hearing before the Board of Supervisors shall be
held within 45 days of the prior hearing, unless otherwise agreed
to by the applicant in writing or on the record. An applicant shall
complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the Board of
Supervisors shall assure that the applicant receives at least seven
hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
And the applicant may, upon request, be granted additional hearings
to complete his case-in-chief, provided that the persons opposed to
the application are granted an equal number of additional hearings.
Persons opposed to the application may, upon the written consent or
consent on the record by the applicant and the Township, be granted
additional hearings to complete their opposition to the application,
provided that the applicant is granted an equal number of additional
hearings for rebuttal.
E.
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.
F.
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 1C and E, above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time. The Board of Supervisors shall give public notice, as defined herein, of said deemed approval 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.
G.
In considering an application for conditional use approval, the Board of Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 27-1901 of this chapter.
2.
Expiration of Conditional Use Approval. Conditional use approval
shall expire automatically, without written notice to the applicant,
if no application for a grading permit, a building permit or an occupancy
permit to undertake the construction or authorize the occupancy described
in the application for conditional use approval is submitted within
12 months of said approval, unless the Board of Supervisors, in its
sole discretion, extends conditional use approval upon written request
of the applicant received prior to its expiration. The maximum extension
permitted shall be one twelve-month extension.
3.
Approval of Uses by Special Exception. 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 or his or her designated representative
at least 20 days prior to the Zoning Hearing Board meeting at which
the appeal is to be heard. 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 current property survey indicating all existing and proposed
structures and all proposed construction, additions or alterations
on the site in sufficient detail to determine the feasibility of the
proposed development and compliance with all applicable requirements
of this chapter.
(2)
A written statement showing compliance with the applicable express
standards and criteria of this Part for the proposed use.
(3)
A traffic impact study, as defined herein, for any use that,
according to the latest edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual, will generate 75 or more additional
trips during the adjacent street's peak hours.
B.
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application, unless the applicant has agreed, in writing, to an extension of time. Said hearing shall be conducted in accordance with the procedures specified by § 27-1907 of this chapter.
C.
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 27-1901 of this chapter.
D.
If land development approval is required for the use by special exception,
the application for approval of a land development required by the
Township Subdivision and Land Development Ordinance shall be submitted
to the Township Planning Commission following approval of the use
by special exception by the Zoning Hearing Board.
4.
Expiration of approval of a use by special exception. Approval of
a use by special exception shall expire automatically, without written
notice to the applicant, if no application for a land development
plan, a grading permit, a building permit or an occupancy permit to
undertake the construction or authorize the occupancy described in
the application for approval of the use by special exception is submitted
within 12 months of said approval, unless the Zoning Hearing Board,
in its sole discretion, extends approval of the use by special exception
upon written request of the applicant received prior to its expiration.
The maximum extension permitted shall be one twelve-month extension.
5.
Conditional use application for oil and gas development, drilling and related operations shall require an application as set forth herein in order to begin the permitting process. All aspects of conditional use approval contained in § 27-1301 of the Township Code shall apply. No hearing will be scheduled until all of the information set forth hereinafter has been received by the Township. In addition to the applicable standards for the zoning district of the proposed use, the express standards and criteria for granting conditional uses contained in the Township Code, the application must contain the following information:
A.
Information.
(1)
The name and address of the applicant, including the name and
telephone number of a local representative;
(2)
The mineral and/or oil and gas lease royalty and surface owner(s);
(3)
A copy of the oil and gas or mineral lease (recorded memorandum)
and any drilling permits issued by the Commonwealth of Pennsylvania,
or if a state permit has not yet been issued, the application, if
submitted, shall be attached;
(4)
The exact description of the location of the proposed facility/operation;
(5)
Setbacks. Certification that the applicable setbacks will be
met; and
(6)
The name and address of all property owners within 300 feet
of the proposed site.
B.
Work Hours. Provide the proposed timeline and hours of development/site
work and the use of trucking and heavy equipment during each phase
of the process, from initial site preparation to drilling operations
and post drilling operations.
C.
Road Bonding and Maintenance. The applicant will review and execute
a joint road maintenance agreement with the Township and provide the
appropriate bonding and list of subcontracts.
D.
Blast Study. Operator's application shall contain a blast study showing
compliance with the standards contained in the American Petroleum
Institute's (API) Recommended Practice 752 and 753.
E.
PPC Plan. The operator shall provide to the Township's first responders,
including Fire Department, Police Department, ambulance service(s),
and to the Zoning Officer/Code Enforcement Officer a copy of its preparedness,
prevention and contingency ("PPC") plan. Before drilling, the applicant
shall confirm in writing that the Township's first responders have
secured adequate training to deal with any potential dangerous conditions
that may result due to construction activities on each site. First
responders shall have a minimum of five hours of training per year
to meet this standard. Upon request from the Township, the operator
will, prior to drilling of its first oil and gas well in Township,
make available, with at least 30 days' notice, at its sole cost and
expense, one appropriate group training program of up to five hours
for first responders. Such training shall be made available at least
annually during the period when the operator anticipates oil and gas
related activities in the Township.
F.
The applicant shall provide a schedule indicating the following dates,
which the Township acknowledges is subject to change:
(1)
Anticipated site preparation beginnings and endings.
(2)
Anticipated drilling or mining activity beginnings and endings.
(3)
Anticipated completion (perforating) work to begin and end.
(4)
Anticipated simulation (fracturing) work to begin and end.
(5)
Anticipated production work to begin and end.
(6)
Anticipated plugging date.
(7)
Anticipated site restoration.
G.
Permits. All applicable, state, local and federal permits must be
attached to the application or provided upon issue.
H.
Insurance. Operator/applicant and/or its contractors shall as part
of the conditional use furnish to the Township a certificate of liability
insurance naming the Township as an additional insured with respect
to operations conducted within the Township and showing liability
insurance covering commercial, personal injury, and general liability
in the amounts not less than $25,000,000 per person, $25,000,000 per
occurrence, and $25,000,000 property damage. The operator/applicant
shall fully defend, protect, indemnify, and hold harmless the Township,
its departments, agents, officers, employees, or volunteers from and
against such and every claim, except for those claims relating to
any negligent, willful or intentional acts of the Township, its department,
agents, officers, employees, or volunteers. The insurance coverage
may consist of a combination of self-insurance, excess coverage and
umbrella coverage. The Township reserves the right to approve said
coverage.
I.
On-Site Trailers. Information on the number of trailers anticipated
to be located at the site, including essential work trailers and workers'
bunk trailers.
J.
Review Hearings. The operator of an oil and gas development shall
meet with the Township annually to discuss new technology, operation
procedures, and any community concerns. If the Township deems necessary,
after working with the operator, a public meeting may be scheduled
to respond to questions from Township residents.
[Ord. No. 376, 7/24/2018]
1.
In addition to the specific standards and criteria listed for each use in § 27-1303 below, 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 shall not endanger the public health, safety or welfare nor
deteriorate the environment, as a result of being located on the property
where it is proposed.
D.
Ingress, egress and traffic circulation on the property shall be
designed to ensure safety and access by emergency vehicles and to
minimize congestion and the impact on local streets.
E.
Outdoor lighting, if proposed, shall be designed with cutoff luminaires
that direct and cut off the light at a cutoff angle of 60° or
less. (See illustration in Appendix B.[1]) Spillover illumination shall not exceed 0.2 footcandle
at the property line.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
F.
For all uses that are subject to the requirements of the Americans
with Disabilities Act (ADA), the applicant shall certify that all
applicable ADA requirements have been met in the design.
[Ord. No. 376, 7/24/2018]
In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 27-1302 above, an application for any of the following uses that are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.
1.
Accessory dwelling or residence in combination with business, subject
to:
A.
A residence in combination with business shall be located on the
upper floors above the business or, if located on the first floor,
shall be in a separate unit from the business.
B.
Dwelling Units in Basements shall not be Permitted. Dwelling units
may be located in an accessory garage.
C.
Each dwelling unit shall have a separate entrance that does not require
passing through any area devoted to office or retail use or any other
dwelling unit.
D.
Accessory dwellings may be authorized only in the A-1 and A-2 Districts
when the applicant can demonstrate a need to house a relative needing
supervision and care.
E.
The accessory dwelling may be located in a detached garage or in
the principal dwelling.
F.
The accessory dwelling shall not be conveyed unless a subdivision
is recorded that complies with all applicable requirements of this
chapter and the Township Subdivision and Land Development Ordinance
creating a separate lot for the dwelling.
G.
When an accessory dwelling is no longer needed to house a relative,
the dwelling unit may be used as a rental property.
H.
Two off-street parking spaces shall be provided for each dwelling
unit. Shared parking for residential and commercial uses shall not
be permitted.
2.
Active recreation, low-impact and high-impact, subject to:
A.
The minimum site required for low-impact active recreation where
only one activity is proposed shall be one acre.
B.
The minimum site required for low-impact active recreation where
more than one activity is proposed shall be five acres.
C.
The minimum site required for high-impact active recreation with
fewer than 200 participants and/or spectators shall be 10 acres.
D.
The minimum site required for high-impact active recreation with
200 or more participants and/or spectators shall be 50 acres.
E.
The site proposed for high-impact active recreation shall have frontage
on and direct vehicular access to an arterial or collector street
or the nearest site boundary shall be located no more than 1,000 feet,
measured along public street rights-of-way, from an intersection with
an arterial or collector street.
F.
The minimum setback for principal and accessory structures proposed
for low-impact active recreation shall comply with the setback requirements
of the district in which they are located.
G.
The minimum setback for all principal and accessory structures for
high-impact active recreation shall be 300 feet from any property
line adjoining an A-1, A-2, R-1-V, R-2 or R-3 District and shall be
100 feet from any property line adjoining any other zoning district.
H.
Along all property lines adjoining property in an A-1, A-2, R-1-V, R-2 or R-3 District, Buffer Area C, as defined in § 27-1402, Subsection 1, shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and intensively used facilities such as playing fields or courts, bleachers, pavilions, concession stands and similar facilities associated with passive recreation and low-impact active recreation.
I.
Along all property lines adjoining property in an A-1, A-2, R-1-V, R-2 or R-3 District, Buffer Area A, as defined in § 27-1402, Subsection 1, shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and intensively used areas associated with high-impact active recreation.
K.
All lighting shall be shielded away from adjoining streets and properties.
L.
Any outdoor facilities shall cease operations at 11:00 p.m.
M.
If outdoor loudspeakers are proposed, the applicant shall present
a plan for noise attenuation.
N.
For high-impact active recreation uses, a plan for security and traffic
control during events shall be presented.
O.
Adequate security shall be provided when the site is not in use.
3.
Adult businesses, subject to:
A.
Adult businesses, as defined by this chapter, shall not be permitted
in any zoning district other than the I-1 Industrial District.
C.
An adult business shall not be located within 1,000 feet of any of
the following uses: a place of worship; public or private pre-elementary,
elementary or secondary school; public library; day-care center or
nursery school; public park; or residential dwelling. The distance
shall be measured in a straight line from the nearest portion of the
building or structure containing the adult business to the nearest
property line of the premises of any of the above-listed uses.
D.
Any adult business, other than an adult motel, which exhibits on
the premises, in a viewing room (a separate compartment or cubicle)
of less than 150 square feet of floor space, a film or videocassette
or other video or image production or reproduction which depicts nudity
or sexual conduct shall comply with the following:
(1)
At least one employee shall be on duty and shall be situated
in each manager's station at all times that any patron is present
inside the premises.
(2)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding restrooms. Restrooms shall not contain video reproduction
or viewing equipment. If the premises has two or more manager's stations
designated, then the interior of the premises shall be configured
in such a manner that there is unobstructed view of each area of the
premises to which any person is permitted access for any purpose from
at least one of the manager's stations. The view required by this
subsection shall be by direct line of sight from the manager's station.
(3)
It shall be the duty of the owners and operators and any agents
and employees present on the premises to ensure that the viewing area
remains unobstructed by any doors, walls, merchandise, walls racks
or other materials at all times and to ensure that no patron is permitted
access to any area of the premises that has been designated in the
application submitted to the Township as an area in which patrons
will not be permitted.
(4)
No viewing room shall be occupied by more than one person at
a time. No connections or openings to an adjoining viewing room shall
be permitted.
(5)
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place in which patrons
are permitted access at an illumination of not less than one footcandle,
as measured at the floor level. It shall be the duty of the owners
and operators and any agents and employees present on the premises
to ensure that the illumination is maintained at all times that any
patron is present on the premises.
(6)
If live performances are to be given, the premises in which
such live performances are to be offered shall contain a stage separated
from the viewing area, and the viewing area shall not be accessible
to the performers.
E.
If the adult business involves live performances, the performers
shall not have easy access to the viewers present.
F.
The owner and operator of any adult nightclub shall provide security
officers, licensed under the laws of the commonwealth, if the maximum
permitted occupancy exceeds 50 persons.
G.
No stock-in-trade which depicts nudity or sexual conduct shall be
permitted to be viewed from the sidewalk, street or highway.
H.
No signs or other displays of products, entertainment or services
shall be permitted in any window or other area that is visible from
the street or sidewalk.
I.
Windows shall not be covered or made opaque in any way.
J.
Notice shall be given at the entrance stating the hours of operation
and restricting admittance to adults only. The term "adult" shall
have the meaning provided by applicable statutory law.
K.
Owners and operators of adult businesses shall obtain a license to
operate from the Township. In addition, such owners or operators shall
supply to the Township such information regarding ownership and financing
of the proposed business as is required by the Township's licensing
application. Applications for licensing shall be filed with the Township
Manager.
L.
The adult business shall be initially licensed upon compliance with
all requirements of this section and provisions of the required licensing
application. For each year thereafter that the adult business intends
to continue, the owner or operator shall seek a renewal of the license.
The application for renewal shall be submitted to the Township Manager
by November 1 of the year preceding the year for which renewal is
sought. The lack of license or failure to renew such license in a
timely manner shall be a violation of this chapter and shall be grounds
for denial or revocation of the certificate of occupancy for the adult
business.
4.
Age-restricted planned community, subject to:
A.
General.
(1)
Connectivity.
(a)
All age-restricted communities shall be located such that the
development has direct access to an arterial or collector road in
the Township, as defined.
(b)
All units within an age-restricted community shall have frontage
on a public roadway.
(c)
All roads in an age-restricted community shall be constructed
in accordance with the construction standards for Township roads.
(d)
Sidewalks shall be required on one side of all streets.
(e)
The applicant shall provide projected traffic volumes associated
with the proposed community and shall ensure that the existing and
proposed street networks are capable of accommodating these traffic
volumes.
(f)
Age-restricted communities with 50 or more dwelling units are
required to have more than one access point to a public road provided
that the applicant has demonstrated that emergency vehicles have a
reasonable route to turn vehicles for exit(s) from the plan, by either
an adequately designed cul-de-sac or an internal traffic circulation
pattern.
(g)
Length of any one cul-de-sac in an age-restricted community
shall not exceed 1,200 feet.
(h)
Conditional use approval may require that the applicant perform
improvements to the existing adjacent Township roads for safety-related
issues. This shall be evaluated on a case-by-case basis per application
submitted.
(2)
Minimum lot size shall be the footprint of the dwelling.
(3)
Maximum height shall not exceed 2 1/2 stories or 35 feet,
whichever is greater.
(4)
All single-family detached dwelling units and two-family dwelling
units in an age-restricted community shall comply with the most recent
version of both the IBC (International Building Code) and NFDA code
for fire suppression/sprinkler systems.
(5)
All dwelling units shall be served by both public sewer and
public water.
(6)
Front Setback. The front lot line shall be a minimum of 12 feet
from right-of-way.
(7)
Other Lot Setbacks. Building to building distance shall be a
minimum of 20 feet.
(8)
Within the required open space, the developer shall construct
private recreation facilities for all residents of the development
and their guests and invitees. At a minimum, this recreation area
shall include an indoor community center, a swimming pool or spa,
and an accessory outdoor recreation area. The pool (not including
surrounding deck and/or supporting structures) shall be sized so that
there is a minimum of five square feet of pool area per dwelling unit.
The community center shall include a minimum of 30 net square feet
(net floor area) of interior building space per dwelling unit or 3,000
net square feet (net floor area), whichever is greater. The community
center shall include, at minimum, the following: multipurpose room,
kitchen, restrooms, and areas for activities.
(9)
Buffer Area A shall be designed/placed along the perimeter of
the site. A minimum building setback on the perimeter of the age-restricted
planned community shall be 40 feet from the boundary.
(10)
Permitted yard projections shall be in accordance with § 27-1404 of this chapter with the exception that decks shall not be permitted to project into any yard setbacks.
(11)
Accessory structures shall not be permitted unless associated
with open space recreation.
(12)
An age-restricted community may be subject to regulations of
the Planned Communities Act.[2]In the event an age-restricted community is subject to
the Act, then individual lots in the plan may be created by designation
in the declaration and amendments thereto. This shall be evaluated
on a case-by-case basis per application submitted.
[2]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
B.
R-2 Suburban Residential District.
(1)
Permitted Uses. Single-family detached dwellings or a combination
of attached single-family dwelling units and single-family detached
dwelling units provided that at least 50% of all units are single-family
detached dwelling units, and further provided that no more than two
units may be attached to one another.
(2)
The maximum density of an age restricted community shall be
four dwelling units per net acre.
(3)
The net acreage of an age restricted community shall be calculated
based upon the following: Gross acreage minus 20% of gross acreage
reserved for open space minus 15% for road/infrastructure rights-of-way
and or easements.
(4)
Minimum site size shall be 20 acres.
C.
R-3 High-Density Residential District.
(1)
Permitted Uses. Single-family detached dwellings or a combination
of attached single-family dwelling units and single-family detached
dwelling units provided that at least 40% of all units are single-family
detached dwelling units, and further provided that no more than two
units may be attached to one another.
(2)
The maximum density of an age restricted community shall be
four dwelling units per net acre.
(3)
The net acreage of an age restricted community shall be calculated
based upon the following: Gross acreage minus 20% of gross acreage
reserved for open space minus 15% for roads/infrastructure.
(4)
Minimum site size shall be 20 acres.
5.
Airports or airstrips, subject to:
A.
The conditional use application shall show the following information:
(1)
The approximate location, use and height of all structures within
2,600 lineal feet of the ends of landing strips and within 1,200 lineal
feet of the side of landing strips.
(2)
The exact location of landing strips and the use and height
of structures on the immediate property.
(3)
The anticipated types of aircraft to be accommodated and the
volume of activity contemplated.
(4)
Plans for lighting and fuel handling shall be submitted.
(5)
Copies of required approvals from all state and federal agencies
responsible for regulation of aircraft and aircraft facility operations
shall be supplied to the Township.
B.
Lighting shall be shielded away from adjacent properties and streets.
C.
The applicant shall submit a report from a reputable acoustic or
aviation consultant showing the computer prediction model developed
by the FAA referred to in 14 CFR Part 150, § A150.103.
D.
The applicant shall submit proof of ownership of liability insurance
in an amount not less than $5,000,000 for any one accident or occurrence.
E.
No takeoffs or landings shall occur between the hours of 9:00 p.m.
and 6:00 a.m.
6.
Bed-and-breakfast, subject to:
A.
The operator shall be a full-time resident of the dwelling in which
the bed-and-breakfast is located.
B.
The lot shall have frontage on and direct vehicular access to an
arterial or collector street, as defined herein.
C.
The minimum lot area required shall be 21,780 square feet.
D.
No meals, other than breakfast, shall be served on the premises.
Food may be prepared on the premises for consumption off the premises
by overnight guests. Food shall not be served to any customers who
are not overnight guests.
E.
The maximum length of stay for any guest shall be 14 days in any
calendar year.
F.
One identification sign shall be permitted, and such sign may either
be attached to the wall of the building or may be freestanding in
the front yard, provided that the surface area of the sign shall not
exceed six square feet, the height of the freestanding sign shall
not exceed four feet and the freestanding sign shall be located at
least five feet from any property line.
H.
In addition to the parking required for the dwelling, one parking
space shall be provided for each sleeping room offered to overnight
guests.
I.
Off-street parking shall not be located in any required front or
side yard. Parking located in the rear yard shall be screened from
adjoining residential properties by a compact six-foot-high evergreen
hedge.
8.
Boarding stable or commercial riding academy, subject to:
A.
The minimum site shall be 10 acres.
B.
The site proposed for a commercial riding academy shall have frontage
on an arterial or collector street or shall have direct vehicular
access to an arterial or collector street within 2,000 feet of a property
boundary.
C.
The applicant for a commercial riding academy shall submit a traffic impact study, as defined in § 27-201.
D.
Adequate parking areas with a dust-free, all-weather surface shall
be provided to accommodate vehicles and horse trailers anticipated
during peak use of the facility.
E.
Parking areas shall be located at least 50 feet from any property
line.
F.
Outdoor lighting, if any, shall be limited to security lighting for
the parking areas and the building perimeter.
G.
Indoor riding arenas and outdoor riding rings or riding arenas shall
be located at least 300 feet from any property line.
H.
Bridle paths shall be located at least 50 feet from any property
line.
I.
No camping or other overnight accommodations shall be permitted on
the site.
J.
There shall be no retail sales area on the site and no display of
merchandise offered for sale on the premises; however, retail sales
of riding equipment and clothing may be offered to participants using
catalogs logs or samples, provided that orders are delivered direct
to the purchaser.
9.
Car wash, subject to:
A.
All automated washing facilities shall be in a completely enclosed
building, as defined by this chapter. All other car washing facilities
shall be under a roofed structure that has at least two walls.
B.
Coin-operated self-service establishments shall have an operator
on duty at all times when the facility is open for business.
C.
Drainage water from the washing operation shall be controlled so
that it does not flow or drain onto berms, streets or other property.
D.
Standing spaces shall be provided in accordance with the requirements specified in § 27-1406 for drive-in businesses.
E.
The facility shall be connected to public sanitary and storm sewers.
F.
Driveway entrances shall be located at least 30 feet from the right-of-way
line of the intersection of any public streets.
10.
Cemetery, subject to:
A.
A minimum site of 10 acres is required.
B.
A drainage plan shall be submitted with the application for the use
showing existing and proposed runoff characteristics.
C.
A groundwater study, prepared by a hydrologist or registered engineer
qualified to perform such studies, shall be submitted with the application.
D.
Plans for ingress/egress to the site shall be referred to the Township
Police Department for comments regarding public safety.
F.
All maintenance equipment shall be properly stored in an enclosed
building when not in use.
G.
In-ground burial sites shall comply with the setbacks required for
principal structures in the zoning district. All mausoleums, chapels
and other structures shall not be located within 100 feet of any property
line adjoining a residential use or zoning district classification.
11.
Certified Water Storage Facilities and MLVTs. In addition to the applicable provisions of § 27-1301 and § 27-1303.41, certified water storage facilities and MLVTs shall be subject to:
A.
Minimum Lot Area. The minimum lot size shall be two acres to be designated
on the site plan for said use.
B.
Operations Outside of Township.
(1)
Any certified water storage facility servicing oil and gas development
and/or related operations outside of the Township shall require site-specific
(name of unit/project outside of Township) conditional use approval.
Approval shall automatically expire 12 months from the date said water
facility is installed unless extension is given by the Board.
C.
Design Criteria.
(1)
The applicant for a certified water storage facility or MLVT
shall provide:
(a)
Proof of certification by the manufacturer and/or appropriate
independent testing or laboratory organization; and
(b)
If applicable, copies of any required re-use tank permit, WMGR
123-solid waste permits, etc., from the appropriate state, federal,
or independent certifying agency prior to the operation of the certified
water storage facility.
(2)
The applicant for a certified MLVT shall provide:
(a)
Certification that the proposed tanks comply with the design
standards set forth in the American Water Works Association (AWWA)
B-1039 design manual or provide testimony that equivalent or greater
standards are met.
(b)
All MLVTs must meet the containment requirements (110%) of Act
13 and a geotechnical report must be obtained certifying that:
(c)
If applicable, copies of any required re-use tank permit, WMGR
123-solid waste permits, etc., from the appropriate state, federal,
or independent certifying agency prior to the operation of the certified
water storage facility.
D.
Site Plan. A survey/site plan sealed by a licensed professional engineer
or surveyor must be provided indicating water storage location, other
buildings, access roads, setbacks from adjoining property lines and
structures.
E.
Liners. All liners must be welded and tested in accordance with the
applicable ASTM international standards. Any repairs to liners must
be made using acceptable practices and applicable standards.
F.
Filling. The operator or its contractor must supervise initial filling
of all water storage operations and inspect for leaks during filling.
If leaks are observed, filling must cease, the leaks must be repaired,
and the integrity of the tank must be evaluated prior to continuing
to fill. Contractors can observe initial and future fillings, provided
they are granted the authority to stop work if unsafe or upset conditions
are observed.
G.
Setbacks. Certified water storage facilities and MLVTs shall be 20
feet from a wellhead, fired vessel, heater, compressor with a rating
of 200 horsepower or greater; a separator, well test unit or other
non-fired equipment.
H.
Time Frame. The time period in which the certified water storage
facility or MLVT will be constructed and destructed along with use
in between the start/finish dates.
I.
Notice. At least seven days prior to a new oil and gas well site
being serviced by a certified water storage facility or MLVT, operator
must provide notice to the Township with updated information, including
truck traffic information, truck routes, etc.
J.
Surface. The surface of the certified water storage facility or MLVT
shall be constructed and designed in a manner that would reasonably
minimize water runoff in the event of a major leak.
K.
Signage, Tank Identification. Signs must be posted at the site of
any certified water storage facility or MLVT to indicate the contents
of the water storage facilities.
L.
Spill Containment.
(1)
A spill containment plan shall be provided.
(2)
Containment shall be provided for indoor facilities.
(3)
If a spill, fire, or other violation of any federal, state or
local law occurs at the drill site or in the Township by operator
or its subcontractors, operator shall notify the Township immediately,
in all circumstances, no later than 24 hours after the incident occurred
or, if the incident is ongoing, no later than 24 hours after it began.
M.
Reclamation Procedure. To the best of the operator/applicant's knowledge,
the operator or applicant shall provide the time frame for site restoration.
12.
Coal mine adjunct facilities, subject to:
A.
The conditional use application shall provide the following information:
(1)
A description of the character, timing and duration of the proposed
operation, including maps and plans showing the location of the site,
all access routes from the public roads, area and extent of the proposed
activity.
(2)
The location and identity of ownership of all structures and
land uses that may be accepted by the proposed operation and measures
that will be taken to protect all structures and land uses from adverse
impacts from the proposed use.
(3)
The plans for restoring and reclaiming the areas following discontinuance
of the underground mining.
(4)
A description of plans for transportation of materials and equipment
to construct the facility and measures that will be taken to maintain
all roads within the Township that are used to transport materials
and equipment and repair any damages to the roads which may occur
as a result of this activity.
(5)
A description of how the proposed use and facility will meet
all applicable regulations concerning construction standards, sewage
disposal, water supply and fire protection.
(6)
A site plan of the proposed facility showing all structures,
facilities access ways, fencing and screening provisions.
B.
Every bore hole shall be constructed and landscaped in a manner appropriate
to the district in which it is located. The lot for a bore hole shall
not be less than 1/2 acre, and such bore hole shall not be located
within 50 feet of any property line. Open areas shall be covered with
an appropriate vegetative material and properly maintained.
C.
Every ventilating shaft, including all structures intended to supply
air or power to underground coal mines, shall be constructed and landscaped
in a manner appropriate to the district in which it is located. The
lot for a ventilating shaft shall not be less than one acre, and such
ventilating shaft shall not be located within 100 feet of any property
line. Open areas shall be covered with an appropriate vegetative material
and properly maintained. Suitable baffles shall be utilized to protect
the adjacent properties from noise of exhaust fans, consistent with
the following requirements:
(1)
Maximum noise level, 7:00 a.m. to 10:00 p.m.: 75 dBA.
(2)
Maximum noise level, 10:00 p.m. to 7:00 a.m.: 70 dBA.
(3)
Noise level readings shall be taken at adjacent property lines,
sound measurements shall be made using a sound-level meter that conforms
to Type 1 or Type 2 as specified in ANSI Specifications SI 4-1971.
D.
All uses shall be completely enclosed by a metal fence not less than
six feet high, with the top portion above the height of six feet (above
ground level) to be constructed of barbed wire or other security material,
with the entire fence being constructed in such a manner so as to
prevent the entry onto the portion of the premises on which the use
is situate by unauthorized persons, domestic animals or livestock.
E.
For each use that is visible from any structure used for residential,
cultural, social, educational, recreational, religious or similar
purposes in an A-1 District, there shall be a buffer strip of land
planted and maintained for screening purposes. The required screen
shall have a height adequate to achieve its purpose. Plant materials
used for screening shall consist of dense evergreen plants. They shall
be of a kind or used in a manner to provide a continuous opaque screen
within 12 months after commencement of operations in the area to be
screened. The Board of Supervisors shall require that either new planting
or alternative screening be provided if, after 12 months, the plant
materials do not provide an opaque screen.
13.
Coal mine facilities (underground), subject to:
A.
The conditional use application shall provide the following information:
(1)
A description of the character of the proposed operation, its
timing and proposed duration, together with duplicates of maps and
plans to be submitted to state and federal regulators agencies or
authorities for the issuance of necessary permits.
(2)
Identification of seams of coal to be removed in connection
with the proposed facilities.
(3)
An analysis of the possible impact of extractive operations
upon groundwater supplies in all affected areas of the Township and
the measures that will be taken to guarantee that any loss, diminution
or pollution of water supply will be corrected.
(4)
The location and identity of ownership of all structures and
land uses that may be affected by the proposed operation and the measures
that will be taken to protect all structures and land uses from adverse
impacts from the proposed operation.
(5)
Receipt of a certification from each state or federal agency
or authority having enforcement jurisdiction for the issuance of all
necessary permits, licenses or grants of authority for the installation
and operation of the proposed operation, that the owner or operator
seeking the conditional use has fully complied with all requirements
for the issuance of such permits, licenses or grants of authority.
(6)
A description of plans for the transportation of materials,
products and equipment to be used, removed from or marketed in connection
with the proposed operation, including routes of travel, number and
weight of vehicles to be used and procedures which will be made to
maintain and repair roads that are targeted for use.
(7)
The location of access ways, facilities, buildings and utility
and stormwater systems.
B.
Prior to beginning operation, the designated operator shall deposit
a bond, issued by a reputable bonding company, in the amount of $100,000
for each and every mile of Township road or portion thereof proposed
to be traversed for delivering and removing material from the site.
The period designated for the bond shall start with the issuance date
of the permit. Said bond shall be returned to the operator upon completion
of the backfilling operation and reconstruction of any damaged roadway
due to excess weight. Any failure to complete the reconstruction as
required by this Part shall result in the forfeiture of the required
bond. Those portions of Township roads that have been damaged shall
be determined by the Township Engineer and reconstructed to Township
specifications.
C.
A minimum site of five contiguous acres shall be required for all
facilities.
D.
Site boundaries within 1,000 feet of existing residential, religious
or educational uses shall be buffered by a landscaped screen consisting
of evergreen plant materials at least six feet in height.
E.
All structures and facilities shall be setback a minimum of 250 feet
from property lines.
14.
Satellite and antennas, which are not classified as wireless communications
facilities, subject to:
[Amended by Ord. No. 406, 7/25/2023]
A.
Building-mounted antennas shall not be permitted on any dwelling.
B.
The applicant shall demonstrate that the electromagnetic fields associated
with the proposed antennas comply with safety standards now or hereafter
established by the Federal Communications Commission (FCC).
C.
The applicant shall demonstrate compliance with all applicable Federal
Aviation Administration (FAA) and any applicable airport zoning regulations.
D.
Building-mounted antennas shall be permitted to exceed the height
limitations of the district by no more than 20 feet. Antennas mounted
on an existing public utility or transmission tower shall not project
more than 20 feet above the height of the tower.
E.
Omnidirectional or whip antennas shall not exceed 20 feet in height
or seven inches in diameter.
F.
Directional or panel antennas shall not exceed five feet in height
or two feet in width.
G.
Satellite and microwave dish antennas mounted on the roof of a building
shall not exceed six feet in diameter.
H.
Satellite and microwave dish antennas mounted on an existing public
utility storage or transmission structure shall not exceed two feet
in diameter.
I.
The height and location of the proposed antennas shall be designed
so that, in the event of collapse, the antennas will fall within the
boundaries of the property on which they are to be located.
J.
The applicant proposing a building-mounted antenna shall submit evidence
from a structural engineer certifying that the proposed installation
will not exceed the structural capacity of the building considering
wind and other loads associated with the antenna's location.
K.
Evidence of lease agreements and easements necessary to provide access
to the building or structure for installation and maintenance of the
antennas and placement of the equipment cabinet or equipment building
shall be provided to the Township.
L.
The placement of the equipment cabinet or equipment building shall
not obstruct the free flow of traffic on the site, shall not reduce
any parking required or available for other uses on the site and shall
not obstruct any right-of-way or easement without the permission of
the owner or grantor of the right-of-way or easement.
M.
Unless located within a secured building, the equipment cabinet or
equipment building shall be fenced by a ten-foot-high chain-link security
fence with locking gate. If the equipment cabinet or equipment building
is visible from any public street or adjoining residential property,
the equipment cabinet or equipment building shall be screened by a
minimum six-foot-high compact evergreen hedge.
N.
If vehicular access to the equipment cabinet or equipment building
is not provided from a public street or paved driveway or parking
area, an easement or right-of-way shall be provided that has a minimum
width of 20 feet and that shall be improved with a dust-free, all-weather
surface for its entire length.
O.
At least one off-street parking space shall be provided on the site
within a reasonable walking distance of the equipment cabinet or equipment
building to facilitate periodic visits by maintenance workers.
16.
Comparable uses not specifically listed, subject to:
A.
Uses of the same general character as any of the uses authorized
as permitted uses by right, conditional uses or uses by special exception
in the zoning district in which the property is located shall be allowed
if the Planning Commission determines that the impact of the proposed
use on the environment and adjacent streets and properties is equal
to or less than any use specifically listed in the zoning district.
In making such determination, the Planning Commission shall consider
the following characteristics of the proposed use:
(1)
The number of employees.
(2)
The floor area of the building or gross area of the lot devoted
to the proposed use.
(3)
The type of products, materials and equipment and/or processes
involved in the proposed use.
(4)
The magnitude of walk-in trade.
(5)
Hours of operation.
(6)
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 27-1401 of this chapter.
(7)
For those uses included in the most recent edition of the Standard
Industrial Classification Manual published by the Office of Management
and Budget, whether the proposed use shares the same SIC code or major
group number as one or more uses that are specifically listed in the
zoning district.
B.
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
C.
The proposed use shall comply with any applicable express standards
and criteria specified in this Part for the most nearly comparable
use by special exception or conditional use listed in the zoning district
in which the comparable use is proposed.
D.
The proposed use shall be consistent with the purpose statement for
the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
17.
Compressor Stations and Processing Plants. In addition to the provisions contained in § 27-1301 of the Township Code and the applicable provisions of § 27-1303.41, an applicant/operator desiring to engage in the construction and operation of compressor stations and/or processing plants shall be subject to the following conditions:
B.
Minimum Lot Size.
(1)
The minimum lot size for a processing plant shall be 100 acres.
At least 80% of the surface area of the processing plant building
(based upon square footage) must be located in an I-1 Zoning District;
however contiguous properties located in (either A-1 or I-1) can be
combined to meet the minimum acreage requirements.
(2)
The minimum lot size for a compressor station facility footprint
shall be five acres with a maximum compressor station facility footprint
of 10 acres.
C.
Setbacks.
(1)
The edge of the main operation facility that houses the compressor
engines must be at least 500 feet from an occupied structure.
(2)
Protected Structures: 1,000 feet from the edge of the facility's
developed area (this shall be the main fence line of the site and
shall not include the green space used for stormwater management or
the toe of the slope for any grading) to the nearest existing protected
structure.
(3)
Additional Setbacks: All aboveground equipment including compressor
engines and any structure in which the compressors are enclosed must
be set back a minimum of 200 feet from any adjacent property lines.
(4)
Owner Waiver: applicant must meet the setbacks listed herein
unless the owner of a property, occupied and/or protected structure
located within the setback limits provides written consent to the
proposed use.
D.
Screening.
E.
Design Standards.
(1)
The location and design of structures and site improvements
shall be integrated with the natural color, form, and texture of the
surrounding area to the extent possible.
(2)
Applicable equipment must have remote/local shutdowns.
(3)
No equipment or surplus materials, including the placement of
permanent or moveable storage containers or other portable equipment,
shall be stored on the facility. This includes the removal of idle
equipment unnecessary for the operation of such facility. These restrictions
shall not apply during construction phase of the site.
F.
Building Approval. Building plans must be approved by the designated
Code Inspection Department of the Township and must meet the minimum
safety standards as set forth in the International Building Code ("IBC"),
Pennsylvania Uniform Construction Code ("UCC") or applicable Code
adopted by the Township. The Code Enforcement Officer and/or Township
Board of Supervisors shall have the authority to grant waivers to
the requirements if applicant is able to demonstrate the design and
safety measures meet or exceed those of the IBC, UCC, etc.
G.
Environmental Study. A baseline environmental study shall be conducted
by an approved person or firm for air and noise for quality and emissions
and approved by the DEP. Operator/applicant shall provide Township
with a copy of the DEP permit.
H.
Spill Containment.
(1)
A spill containment plan shall be provided and designed by a
registered design professional of the Commonwealth of Pennsylvania
and approved by the DEP.
I.
State and Federal Compliance. The applicant shall comply with all
applicable state and federal regulations and shall show evidence of
obtaining the required state and/or federal permits, including proof
of insurability, before initiating any work and maintaining the required
permits throughout the duration of all operations. The applicant shall
notify the Township immediately of any suspension or revocation of
the required state and/or federal permits. Upon notification of said
suspension or revocation, the Township-issued permits will hereby
be deemed suspended or revoked until state and/or federal compliance
is reached.
J.
Expansion. In the event the facility or project is expanded in size,
scope, use, etc., beyond what was included in the initial approval,
the applicant must submit a written request to the Township. The decision
to require a subsequent conditional use hearing will be in the sole
discretion of the Board of Supervisors and will be announced at a
public meeting, although the Township may not require hearings on
the subsequent conditional use application, and the appropriate information
concerning the expansion operations must be submitted. This shall
include, but not be limited to, additional identification of disturbed
areas beyond the scope initially presented, additional facilities
being used on the site that were not included in the initial application
and/or material changes such as different truck routes, access roads,
sound impacts, additional water containment devices, tanks, etc.
K.
Supplemental Regulations. The facility must meet all of the supplemental regulations of Chapter 27, Zoning, Parts 13 (Express Standards, General Standards) and 14 (Supplemental Regulations), of the Township Code of Ordinances. Any and all uses categorized as conditional uses shall, in addition to the specific conditions set forth herein and the supplemental regulations of Parts 13 and 14, shall also be subject to the general standards contained in the applicable zoning district(s); and may be further subject to additional applicable conditions and safeguards as deemed necessary and appropriate by the Township to protect the health, safety and welfare of the Township and its residents.
18.
Conservation subdivision, subject to:
A.
The permitted uses shall be limited to single-family detached dwellings.
B.
The minimum site size required shall be 10 acres.
C.
Public sewage and public water services shall be provided to all
dwelling units within the development.
D.
Before determining the maximum number of lots to be permitted on
a given tract, the total acreage of the tract (excluding existing
rights-of-way) proposed for a conservation subdivision shall be reduced
by 15% to accommodate potential new rights-of-way.
E.
In the A-2 District, the maximum dwelling unit density shall be one unit per acre. The number of dwelling units authorized in the conservation subdivision shall be equivalent to the net site area determined by Subsection 18D above, expressed in acres, multiplied by the density factor of one. Any portion of an acre shall be rounded to the nearest acre.
F.
In the R-2 District, the maximum dwelling unit density shall be two units per acre. The number of dwelling units authorized in the conservation subdivision shall be equivalent to the net site area determined by Subsection 18D above, expressed in acres, multiplied by the density factor of two. Any portion of an acre shall be rounded to the nearest acre.
G.
In the A-2 District, the minimum lot area required for a single-family
detached dwelling may be reduced, provided that it shall not be less
than 21,780 square feet.
H.
In the R-2 District, the minimum lot area required for a single-family
detached dwelling may be reduced, provided that it shall not be less
than 10,890 square feet.
I.
In the A-2 District, the minimum lot width required for a single-family
detached dwelling may be reduced, provided that it shall not be less
than 90 feet.
J.
In the R-2 District, the minimum lot width required for a single-family
detached dwelling may be reduced, provided that it shall not be less
than 60 feet.
K.
In a conservation subdivision, the front yard setback required for
a single-family detached dwelling may be reduced, provided that it
shall not be less than 25 feet; and the rear yard setback may be reduced,
provided that it shall not be less than 20 feet.
L.
In a conservation subdivision, side yard setbacks required for a
single-family detached dwelling may be reduced, provided that each
side yard shall not be less than 10 feet.
M.
The maximum permitted lot coverage for each individual lot in the
conservation subdivision shall be 25%.
N.
No lot proposed for a conservation subdivision shall front on a Township
street or state road existing prior to the approval of the requested
conservation subdivision. All proposed streets located in the conservation
subdivision and intended by the developer to be taken over by the
Township shall meet the construction specifications of the Township
Subdivision and Land Development Ordinance.[3]
O.
The development shall be so designed that privacy is preserved, views
are protected and groups of dwellings are arranged to preserve the
open space atmosphere intended under the conservation subdivision.
P.
A buffer area of open space shall be located at the perimeter of
the development. A minimum twenty-five-foot-wide buffer area shall
be provided around the perimeter of the site to act as a visual screen.
Per every 40 linear feet of perimeter, the buffer shall contain a
combination of one deciduous tree having a caliper of not less than
three inches and two evergreen trees having a height of not less than
eight feet at time of planting, plus five shrubs per 40 linear feet
of perimeter. All species shall be chosen from the list of plant types
for North Strabane Township. Trees and shrubs shall be creatively
planted within the twenty-five-foot buffer area to include linear,
staggered and/or clustering placement of shrubs. Existing trees four
inches and greater measured from a point 4 1/2 feet above ground
level in accordance with the DBH standard (American Standard for Nursery
Stock) shall be credited to the required buffer area planting at the
following ratio: two proposed trees for each one existing tree.
Q.
Open space shall be provided in an amount equal to the difference
between the minimum lot area for single-family dwellings otherwise
required in the zoning district and the lot size proposed in the conservation
subdivision. In no case shall the open space be less than 20% of the
total area of the development site. The balance of the land not contained
in the lots shall be contiguous and easily accessible to the lots
in the conservation subdivision and shall be of such condition, size
and shape as to be usable for recreation, park or open space areas
or to serve to protect an environmentally sensitive area.
R.
Safe and easy access to recreation, park and open space areas shall
be provided by adjoining road frontage, easements or paths. Access
ways to recreation, park and open space areas shall be sufficiently
wide so that maintenance equipment shall have reasonable and convenient
access to such area.
S.
Recreation, park and open space land shall be owned and managed in
one of the two following ways:
(1)
Shall be held in common ownership by the owners of the lots
within the development and shall be protected by legal arrangements
satisfactory to the Township sufficient to assure its maintenance
and preservation.
(a)
In this regard, covenants or other legal arrangements shall:
1)
Obligate purchasers to participate in a homeowners'
association and to support maintenance of the open space areas by
paying to the association assessments sufficient for such maintenance
and subjecting their properties to a lien for enforcement of the respective
assessments.
2)
Obligate such an association to maintain the recreation,
park and open space areas and private streets and utilities.
3)
Provide that the Township, as well as other purchasers
in the development, can enforce the covenants in the event of failure
of compliance.
4)
Provide for agreement that, if the Township is required
to perform any work pursuant to the item above, such purchasers would
pay the cost thereof, and the same shall be a lien upon their properties
until such cost has been paid; provided that the developer shall be
responsible for the formation of the homeowners' association of which
the developer, or if the developer is not the owner of the development,
then such owner shall be a member until all of the lots of record
are sold; provide assurance that such covenants will be evidenced
by recording in the office of the Recorder of Deeds of a perpetual
maintenance of facilities as prescribed hereinabove and identifying
the tract and each lot therein. The declaration shall be included
in the deed or other instrument of conveyance of each lot of record
and shall be made binding on all purchasers, provided that such declaration
may, as to subsequent conveyances other than the initial conveyance
of each lot of record, be incorporated by reference in the instrument
of conveyance.
5)
Guarantee that any association formed to own and
maintain common open space will not be dissolved without the consent
of the Board of Supervisors and any other specifications deemed necessary
by the Board of Supervisors.
6)
Guarantee that the recreation, park and/or open
space areas shall not be further subdivided or further developed.
Improvements may be made to said areas for the purposes for which
they were originally proposed upon approval of the Planning Commission
and the Board of Supervisors.
(b)
All such covenants set forth herein shall be submitted for preliminary
review with the preliminary plan and conditional use application and
shall be reviewed and approved by the Board of Supervisors prior to
the granting of final approval for the conservation subdivision.
(2)
Shall be dedicated to the Township for public usage upon final
plan approval. This provision shall not, in any manner, obligate the
Township to accept the open space or any part thereof.
T.
Preliminary plans for a conservation subdivision shall be accompanied
by information providing calculations of net site area and dwelling
unit density and describing how the lots, frontage and setbacks differ
from the otherwise applicable requirements of the zoning district
in which the conservation subdivision is proposed. The preliminary
plan submitted with the conditional use application shall contain
all the information required by the Township Subdivision and Land
Development Ordinance for a preliminary plat.
U.
Proposed development of 50 units or more shall have two direct vehicular
access ways to an arterial or collector street, as defined by this
chapter.
V.
A plan for a conservation subdivision with 50 or more dwelling units
are required to have more than one access point to a public road provided
that the applicant has demonstrated that emergency vehicles have a
reasonable route to turn vehicles for exit(s) from the plan, by either
an adequately designed cul-de-sac or an internal traffic circulation
pattern.
19.
Contracting business, subject to:
A.
The minimum lot area shall be one acre.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
All materials and equipment shall be located within a completely
enclosed building. No outside storage of any kind shall be permitted.
20.
Day-care center or preschool facility in a place of worship or school,
subject to:
A.
The facility shall be registered with or licensed by the Commonwealth
of Pennsylvania.
B.
In the A-1, A-2, R-2 and R-3 Zoning Districts, the facility shall
be permitted to be located only in a place of worship or school. In
the R-1-V Zoning District, this restriction shall not apply if the
site has frontage on and direct vehicular access to an arterial or
collector street, as defined by this chapter.
C.
Outdoor play areas shall be provided, which shall have a minimum
area of 65 square feet per child and which shall be secured by a fence
with self-latching gate. The location of the outdoor play area shall
take into account the relationship to adjoining properties.
E.
The general safety of the property proposed for a day-care center,
nursery school or preschool facility shall meet the needs of small
children. There shall be no potential hazards in the outdoor play
area, and a safe area for dropping off and picking up children shall
be provided.
21.
Deep Injection Wells/Class II Wells. In addition to the applicable provisions of § 27-1301 and § 27-1303.41, deep injection wells/Class II wells shall be subject to the following:
A.
Minimum lot size: 20 acres.
B.
Notice. Operator must provide Township with notice of any materials
being disposed of as part of a deep injection well.
C.
Permits. Operator must provide Township copies of all state and federal
permits associated with the proposed use.
D.
Setbacks: 1,500 feet from a protected structure. All other setbacks
listed in § 27-1303.41, Oil and Gas Development, shall apply
unless otherwise regulated by state or federal law.
22.
Equipment storage yard, subject to:
A.
The minimum site required for an equipment storage yard shall be
five acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
All areas used for storage and movement of equipment shall be improved
with a dust-free, all-weather surface. Any areas not paved with hard
surface shall have a dust control plan that is submitted to the Township
Engineer for review and approval.
E.
No repair of vehicles or equipment shall be permitted outside a completely
enclosed structure.
G.
Engines shall not be started or kept running before 6:30 a.m. or
after 8:00 p.m. if the site is located within 500 feet of an existing
dwelling.
H.
All lighting shall be shielded and reflected away from streets and
any adjoining residential properties.
I.
A stormwater management plan to control runoff of surface water shall
be submitted for review and approval by the Township Engineer.
23.
Family day-care home, subject to:
B.
Evidence shall be submitted that all applicable requirements of the
Pennsylvania Department of Public Welfare have been met, and continuing
compliance shall be maintained.
C.
An adequate and safe off-street area shall be provided for dropping
off and picking up children.
D.
An adequate outdoor play area shall be provided and shall be secured
by a fence with self-latching gate. Such play area shall be screened
from adjoining residential properties by a minimum four-foot-high
compact, dense evergreen hedge or opaque fence.
E.
Outdoor play areas shall have a minimum area of 400 square feet.
24.
Golf course or golf or country club, subject to:
A.
Golf courses and golf or country clubs shall have a minimum site
of 20 acres; driving ranges and putting courses shall have a minimum
site of five acres.
B.
Clubhouses shall be located at least 100 feet from any property line
adjoining property in any R Residential Zoning District and at least
50 feet from all other property lines.
D.
Where eating and/or drinking facilities are provided, parking requirements
for restaurants shall apply in addition to the parking requirements
for golf courses.
E.
Where a swimming pool is provided, parking requirements for swimming
pools shall apply in addition to the parking requirements for golf
courses.
F.
Outdoor operations shall be discontinued between the hours of 11:00
p.m. and 6:00 a.m.
G.
Any driving range that is proposed to be illuminated shall provide
a photometric plan and cross-sections showing impacts on adjoining
properties and shall be subject to testing after installation to show
compliance with § 27-1401G.
H.
The backstop for any driving range shall be buffered from adjacent
residential properties using a combination of landscaping, earthen
mounding and materials to minimize the visual impact.
25.
Group-care facility, personal-care boarding home or transitional
dwelling, subject to:
A.
The minimum area and bulk regulations for a group-care facility,
personal-care boarding home or transitional dwelling shall be the
same as those required for a principal use in the zoning district
in which the facility is located.
B.
In the R-1-V District, a personal-care boarding home shall have frontage
on and direct vehicular access to an arterial or collector street,
as defined by this chapter.
C.
In the R-1-V District, the maximum number of residents housed in
a personal-care boarding home shall be 10.
D.
No group-care facility, personal-care boarding home or transitional
dwelling shall be located within 500 feet of another existing or proposed
group-care facility, personal-care boarding home or transitional dwelling.
E.
Adequate provisions shall be made for access for emergency medical
and fire-fighting vehicles.
F.
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
G.
Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs, and the
area shall be secured by a fence with self-latching gate.
H.
Where applicable, licensing or certification by the sponsoring agency
shall be prerequisite to obtaining a certificate of occupancy, and
a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
26.
Home occupation, subject to:
A.
The home occupation shall be carried on by a member of the family
residing in the dwelling unit. No more than one person who is not
a resident of the dwelling unit shall be employed in the dwelling
unit.
B.
No more than 25% of the gross floor area of the principal dwelling
shall be devoted to the conduct of the home occupation.
C.
In the R-1-V, R-2 and R-3 Districts, the home occupation shall be
carried on wholly within the principal dwelling. The home occupation
shall not be conducted in any accessory structure. In the A-1 and
A-2 Districts, the home occupation may be carried on in an accessory
structure, provided that the gross floor area of the accessory structure
shall not exceed 25% of the gross floor area of the principal dwelling.
D.
There shall be no mass production of products on the premises of
the home occupation that involves processing of raw materials. Assembly
of products from finished materials may be accomplished on the premises.
E.
A limited number of samples of articles produced on the premises
may be displayed for the purposes of accepting orders. Articles produced
on the premises shall be displayed in quantity only off the premises
at a retail outlet, consignment shop or product or craft show.
F.
There shall be no display on the premises of merchandise available
for sale that has been produced off the premises; however, merchandise
may be stored on the premises for delivery off the premises, such
as Amway, Tupperware or similar products stored for distribution to
customers or salespersons at their residence or place of business.
In addition, small amounts of products may be sold as an accessory
use to the principal use, such as sale of beauty products accessory
to a beauty shop and similar situations.
G.
There shall be no exterior displays or signs, either on or off the
premises, other than a small identification sign, no more than one
square foot in surface area, containing only the name of the resident
and the nature of the home occupation, which may be attached to the
wall of the dwelling or to the mailbox.
H.
The use shall not require internal or external alterations or construction
features that are not customary to a dwelling or that change the fire
rating of the structure.
I.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 27-1401 of this chapter.
J.
The use shall not significantly intensify vehicular or pedestrian
traffic beyond that which is normal for the residences in the neighborhood.
K.
There shall be no use of materials or equipment except that of similar
power and type normally used in a residential dwelling for domestic
or household purposes.
L.
The use shall not cause an increase in the use of water, sewage,
electricity, garbage, public safety or any other municipal services
beyond that which is normal for the residences in the neighborhood.
M.
In the R-1-V, R-2 and R-3 Districts, the home occupation shall not
involve the use of commercial vehicles for regular delivery of materials
to or from the premises, and commercial vehicles shall not be parked
on the premises.
N.
Materials or equipment used in the home occupation shall not be stored
outside.
O.
Any home occupation where customers, clients or students routinely
visit the premises shall provide a paved off-street parking area in
accordance with the requirements of Part 15 for the specific use in
addition to the spaces required for the dwelling.
P.
The following uses shall not be considered home occupations and shall
be restricted to the zoning districts in which they are specifically
authorized as permitted uses, conditional uses or uses by special
exception, including but not limited to:
(1)
Beauty shops or barbershops containing more than two chairs.
(2)
Blacksmith or metal working.
(3)
Boarding stables.
(4)
Clinics, hospitals or nursing homes.
(5)
Funeral homes.
(6)
Group-care facility, personal-care boarding home or transitional
dwelling.
(7)
Kennels, veterinary offices and clinics.
(8)
Landscaping business, including sales or growing of plant materials
or contracting services.
(9)
Private clubs.
(10)
Private instruction to more than five students at a time.
(11)
Restaurants or tearooms.
(12)
Retail or wholesale sales or flea markets.
(13)
Sale of guns, firearms and ammunition.
(14)
Tanning or massage salon.
(15)
Tourist or boarding home, other than bed-and-breakfast.
(16)
Vehicle or equipment rental, repair or sales or vehicle repair
garages.
Q.
The following are examples of permitted home occupations, provided
that all of the foregoing criteria are met:
(1)
Artist, photographer or handicrafts studio.
(2)
Catering/commercial kitchen for off-site service.
(3)
Contracting business, excluding on-site storage of equipment.
(4)
Computer programmer, data processor or writer.
(5)
Consultant, clergy, counselor, bookkeeping, graphics or drafting
services.
(6)
Dressmaker or tailor.
(7)
Professional offices that involve routine visitation by customers
or clients.
(8)
Housekeeping or custodial services.
(9)
Interior designer.
(10)
Jewelry and/or watch repair, not including wholesale or retail
sales.
(11)
Lawnmower and small engine repair in the A-1 and A-2 Districts
only.
(12)
Locksmith.
(13)
Mail-order business.
(14)
Manufacturer's representative.
(15)
Repair of small household appliances that can be hand-carried.
(16)
Telemarketing.
(17)
Travel agent.
(18)
Tutoring or any other instruction to no more than five students
at any one time.
(19)
Word processing, typing or secretarial services.
27.
Impoundments. In addition to the applicable provisions of § 27-1301 and § 27-1303.41, impoundments shall be subject to:
A.
Minimum Lot Size. The minimum lot size for a standalone impoundment
operation shall be five acres, and two acres for an impoundment used
as an accessory use.
B.
Certification and Permits.
(1)
The applicant for an impoundment shall provide:
(a)
Proof of certification by the relevant nationally recognized
laboratory or organization;
(b)
Water impoundments shall be constructed in compliance with all
applicable requirements of the Pennsylvania Department of Environmental
Protection (PA DEP);
(c)
A copy of any required permits from the DEP prior to the impoundment
operations occurring.
C.
Site Plan. A survey/site plan sealed by a licensed professional engineer
or surveyor must be provided indicating water storage location, other
buildings, access roads, setbacks from adjoining property lines and
structures.
D.
Security. Chain-link fencing must be installed around any impoundment
and shall be at least eight feet in height.
E.
Setbacks. In addition to the DEP's setbacks regulations:
(1)
Impoundment must be 500 feet measured horizontally from an occupied
structure to the edge of the impoundment structure.
(2)
1,000 feet from a protected structure for freshwater impoundments.
(3)
1.500 feet from a protected structure for wastewater/reuse fluid
impoundments
(4)
Owner Waiver: applicant must meet the setbacks listed herein
unless the owner of a property, occupied and/or protected structure
located within the setback limits provides written consent to the
proposed use.
F.
Access Road. In addition to the provisions contained in § 27-1303.41,
Oil and Gas Development, all access roads to an impoundment site must:
(1)
Access road must be designed to accommodate all vehicle truck
traffic servicing the site without using any public roadways for idling
vehicles waiting to access the impoundment site.
G.
Buffers and Noise. The impoundment must be constructed in a manner
to reduce truck traffic noise. The appropriate sound barriers shall
be installed at the discretion of the Township.
H.
Notice. At least seven days prior to a new oil and gas well site
being serviced by a standalone impoundment, operator must provide
notice to the Township with updated information, including truck traffic
information, truck routes, etc.
I.
Surface. The surface area immediately surrounding the impoundment
shall be constructed and designed in a manner that would reasonably
minimize water/liquid runoff in the event of a major leak.
J.
Signage, Identification. Signs must be posted at the site of any
impoundment to indicate the contents of the water/liquid being stored
on site.
L.
Reclamation Procedure. To the best of the operator/applicant's knowledge,
the operator or applicant shall provide the time frame for site restoration.
28.
Junkyard, subject to:
A.
The minimum site required shall be 20 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
The premises shall be maintained so as to not constitute a nuisance
or menace to public health and safety.
D.
No garbage, hazardous materials or hazardous waste, as defined by
federal statute, or other organic waste shall be stored on the premises.
E.
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 27-1901 of this chapter.
F.
The manner of storage of junk or other materials or equipment on
the site shall facilitate access for firefighting, shall prevent hazards
from fire or explosion and shall prevent the accumulation of stagnant
water.
H.
No junk shall be stored or accumulated and no structure shall be
located within 300 feet of any dwelling or within 100 feet of any
property line or public street.
I.
The premises shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection 28K below and shall be maintained in good condition.
J.
The fence shall be supplemented with screening material that creates
a visual barrier that is at least 80% opaque.
L.
The site shall be designed utilizing natural topography and/or constructed
earthen mounds so as to obstruct visibility from adjacent public streets
and properties.
M.
The operator shall submit a stormwater management plan to control
runoff for review and approval by the Township Engineer.
N.
The operator shall obtain a license from the Township, prior to initiating
operations, that shall be renewable annually upon payment of the required
license fee established from time to time by resolution of the Board
of Supervisors and subject to inspection by the Zoning Officer to
determine continuing compliance with these standards.
29.
Juvenile incarceration facility, subject to:
A.
Any expansion, change of use or change in the level of custody that
is not approved as part of the original conditional use application
shall be subject to resubmission and approval of a revised conditional
use application to determine continued compliance with these criteria.
B.
The juvenile incarceration facility shall comply with and shall provide
evidence of all applicable licenses and approvals required by Title
42 of the Pennsylvania Consolidated Statutes, Pa.C.S.A. § 6301
et seq., known as the "Juvenile Act," as amended.
C.
The minimum site required shall be 10 acres. On properties containing
at least 10 acres but no more than 15 acres, no more than 50 juveniles
shall be housed. On properties containing more than 15 acres but less
than 20 acres, no more than 75 juveniles shall be housed. The minimum
site required to house more than 75 juveniles shall be 20 acres.
E.
The minimum front yard shall be 75 feet.
F.
The minimum side or rear yard adjoining a single-family dwelling
or zoning classification shall be 100 feet. All other side and rear
yards shall be 50 feet.
G.
The minimum lot width shall be 200 feet.
H.
The maximum lot coverage shall be 35%; the maximum paved area shall
be 20%.
I.
Off-street parking shall be provided in accordance with the design
standards of Part 15, based on the ratio of one space for each employee
working on peak shift plus one for each five residents to accommodate
visitors, counselors, tutors or other personnel who visit the site
but do not work on the site on a daily basis.
J.
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring or licensing agency.
K.
A security system, appropriate to the level of custody provided for
the residents, shall be installed to control ingress and egress to
the structure and to secure the perimeter of the site, subject to
applicable state regulations.
L.
The administrator of the facility shall file an emergency management
plan, including planned response to fire, security and medical emergencies,
with the Township Manager, the Township Police Department, the Emergency
Medical Service and the responding fire companies.
M.
Adequate provisions shall be made for access to all areas of the
property and the structure by emergency medical, fire and public safety
vehicles.
N.
The applicant shall present evidence of approval of construction
drawings for a building permit as a condition precedent to obtaining
a certificate of occupancy.
O.
The applicant shall comply with fire protection provisions of the
current edition of the Township Building Code and Township Fire Code.
P.
The applicant shall present evidence to the Zoning Officer of all
other necessary approvals and permits from applicable federal, state
and local regulatory agencies as a condition precedent to obtaining
a certificate of occupancy.
Q.
The certificate of occupancy shall be conditioned upon the applicant
presenting to the Zoning Officer, on or before January 31 of each
year, evidence of continuing validity of any license issued by the
commonwealth.
R.
Violation of any of the conditions attached to the approval of the
conditional use application, including noncompliance with the express
standards and criteria of this subsection, shall result in revocation
of the certificate of occupancy.
S.
Any suspension or revocation of any required license or certification
by any federal, state or county agency shall result in the automatic
suspension or revocation of the certificate of occupancy. Reinstatement
of the certificate of occupancy shall be subject to submission of
all valid certifications and licenses and certification by the Zoning
Officer that there is continuing compliance with all conditions attached
to the approval of the conditional use.
T.
Conditional use approval shall expire automatically, without written
notice to the applicant, if no application for a grading permit, building
permit or an occupancy permit to undertake the construction or to
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.
U.
Conditional use approval shall be valid for one year from the date
of approval by the Board of Supervisors and shall be renewed annually
by submitting evidence of compliance with the original conditional
use approval to the Zoning Officer. Renewal shall not require processing
of an application for conditional use approval, unless the Zoning
Officer determines that there have been substantive changes in an
amended conditional use application.
30.
Kennel, subject to:
A.
In the A-1 and A-2 Districts, kennels shall be accessory to a farm
or, when proposed as a principal use, shall have a minimum site area
of five acres.
B.
Outdoor kennels shall be located at least 300 feet from any occupied
dwelling on an adjacent lot and at least 200 feet from any property
line adjoining property in an R-1-V, R-2 or R-3 District.
D.
The operator shall submit an animal waste management and disposal
plan to the Township.
E.
Domestic pets kept in an outdoor kennel shall be limited to a maximum
of 10 animals on the first five acres plus two animals for each additional
acre or portion thereof, up to 10 acres. There shall be no limit on
the number of animals kept on properties of 10 acres or more.
F.
If a kennel is located on the same property with specialized animal
raising, the combined number of animals shall not exceed 20 on properties
of less than 10 acres.
31.
Landfill, subject to:
A.
The minimum site area shall be 50 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector road, as defined by this chapter.
C.
All landfill operations shall be located at least 1,200 feet from
any occupied dwelling.
D.
The driveway or haul road entering the site from a public street
shall be paved for a distance of 600 feet from the public street.
E.
A tire washing station shall be located on the site to service trucks
exiting the facility.
F.
The operator shall post a bond in favor of the Township, and in a
form acceptable to the Township, prior to beginning operations, in
the amount of $100,000 for each mile of Township road or portion thereof
proposed to be traversed by vehicles traveling to the site. The term
of the bond shall begin on the date that conditional use approval
is issued. The bond shall be returned to the operator upon completion
of all operations and any backfilling or reconstruction of a damaged
roadway due to weight in excess of the posted weight limits for the
road. Any failure to complete the reconstruction of a damaged roadway
due to weight in excess of the posted weight limits for the road.
Those portions of the Township roads that have been damaged shall
be determined by inspection of the Township Engineer and shall be
reconstructed to current Township specifications for street construction.
G.
Landfill operations shall not be conducted within 300 feet of any
property lines adjoining a residential use or zoning district classification.
H.
All property lines adjoining any existing residential use or any R Residential Zoning District classification shall be screened by Buffer Area A, as defined by § 27-1402, Subsection 1, of this chapter. The buffer area shall be comprised of a combination of earthen mounding and the required plantings.
I.
Fencing at least eight feet in height shall be provided around any
work area for security and to control windblown refuse.
J.
The applicant shall show compliance with applicable state and federal
laws regulating landfills.
K.
The applicant shall obtain the required permits from the Pennsylvania
Department of Environmental Protection (PA DEP) and/or the U.S. Environmental
Protection Agency prior to initiating any operation.
L.
The required state and federal permits shall be maintained throughout
the duration of all operations. The applicant shall notify the Zoning
Officer of any suspension or revocation of the required state or federal
permits.
M.
Any suspension or revocation of the required state or federal permits
shall constitute a violation of this chapter and will result in the
suspension or revocation of the certificate of occupancy or enforcement
of the penalty provisions of this chapter, or both.
32.
Limited commercial uses in the R-1-V District, subject to:
A.
The lot shall have frontage on and direct vehicular access to an
arterial or collector street, as defined herein.
B.
Contiguous lots under single ownership shall be consolidated in order
to use them for limited commercial uses.
C.
The structure shall have a minimum gross floor area, excluding area
in the basement or attic, of 1,500 square feet or more.
D.
No part of the business shall be operated from an accessory structure,
other than storage of items that are related to the business.
E.
The uses shall be limited to one or more of the following:
(1)
Antiques or interior decorating.
(2)
Art, book or stationery store.
(3)
Bakery.
(4)
Bar or tavern.
(5)
Business or professional office.
(6)
Business services.
(7)
Candy or ice cream store.
(8)
Card or gift shop.
(9)
Convenience store.
(10)
Craft or hobby shop.
(12)
Florist shop.
(13)
Personal services.
(15)
Carry-out restaurant, delicatessen or food store.
(16)
Travel agent.
(17)
Video store, excluding adult video store.
F.
The minimum lot area shall be 6,000 square feet; the minimum lot
width shall be 60 feet.
G.
Area and bulk regulations applicable to "other uses" in the R-1-V
District shall apply.
H.
No use shall be conducted outside a completely enclosed building unless authorized in accordance with § 27-1905 of this chapter.
J.
Signs shall be permitted in accordance with the requirements of § 27-1604B
of this chapter.
K.
Off-street parking shall be provided as required by § 27-1502C
for the specific use.
33.
Medical Marijuana Grower/Processor.
A.
Medical marijuana grower/processor uses shall meet the same conditional
use criteria applicable to uses under § 27-1303.43, Planned
Industrial Park, Planned Office Park or Planned Research or Technology
Park.
34.
Mobile home park, subject to:
B.
The minimum site required for a mobile home park shall be five contiguous
acres and the maximum shall be 30 contiguous acres.
C.
The site shall be served by public water and public sewers.
D.
The minimum mobile home lot shall be 6,000 square feet in area. The
minimum lot width shall be 60 feet.
E.
Minimum setbacks and distances between mobile homes shall comply
with the requirements of the Township Subdivision and Land Development
Ordinance.
F.
Every mobile home slab shall have access to a public or private street
in accordance with the requirements of the Township Subdivision and
Land Development Ordinance.
G.
Each mobile home lot shall provide two off-street parking spaces.
H.
Mobile homes located in the A-1 District shall be classified as a
single-family dwelling. The minimum site required for mobile homes
in this district shall be one acre provided it is serviced by public
sewage and two acres without public sewage.
35.
Multifamily dwellings in the R-3 and C-1 Districts, subject to:
[Amended by Ord. No. 402, 10/25/2022]
A.
The maximum dwelling unit density shall be 16 units per acre.
B.
Where two or more buildings are proposed on one lot, the minimum
distance between buildings shall be 20 feet.
D.
All parking areas adjacent to a single-family use or zoning classification
that are not screened by a buffer area shall be screened by a minimum
six-foot-high compact evergreen hedge.
E.
All portions of the property not covered by buildings, driveways,
parking, pools, shelters, gazebos or other paved areas shall be suitably
landscaped with grass, ground cover and decorative shrubs or trees.
F.
The design and orientation of the buildings on the property shall
take into account compatibility with the visual impact on adjacent
single-family residential properties. The building and the property
shall be effectively landscaped to minimize such impacts on adjacent
residential properties.
G.
On lots containing more than 50 dwelling units, indoor or outdoor
recreational facilities appropriate to the needs of the prospective
residents shall be provided, subject to approval by the Township Supervisors.
H.
Off-street parking shall be 1.75 spaces per dwelling unit.
36.
Multifamily dwellings in the R-1-V District, subject to:
A.
The minimum site area required shall be one acre.
B.
The minimum lot width shall be 150 feet.
C.
The maximum dwelling unit density shall be eight units per acre.
E.
Where two or more buildings are proposed on one lot, the minimum
distance between buildings shall be 20 feet.
G.
All parking areas adjacent to a single-family use or zoning classification
that are not screened by a buffer area shall be screened by a minimum
six-foot-high compact evergreen hedge.
H.
All portions of the property not covered by buildings, driveways,
parking, pools, shelters, gazebos or other paved areas shall be suitably
landscaped with grass, ground cover and decorative shrubs or trees.
I.
The design and orientation of the buildings on the property shall
take into account compatibility with the visual impact on adjacent
single-family residential properties. The building and the property
shall be effectively landscaped to minimize such impacts on adjacent
residential properties.
J.
On lots containing more than 50 dwelling units, indoor or outdoor
recreational facilities appropriate to the needs of the prospective
residents shall be provided, subject to approval by the Township Supervisors.
K.
Off-street parking shall be provided in accordance with the requirements
of § 27-1502C.
37.
Nightclub, subject to:
A.
Nightclubs shall cease operations between the hours of 2:00 a.m.
and 5:00 a.m.
B.
There shall be no noise or vibration discernible along any property
line greater than the average noise level occurring on adjacent streets
and properties.
C.
All operations shall be conducted within a completely enclosed building,
and doors and windows shall remain closed during hours when entertainment
is presented.
D.
The owner/operator of the nightclub shall provide private security,
licensed under the laws of the Commonwealth of Pennsylvania, if the
maximum permitted occupancy allowed by the Township building or Fire
Codes for the nightclub exceeds 100 persons.
E.
Any nightclub that proposes a maximum permitted occupancy allowed
by the building or Fire Codes of 200 or more persons shall be located
at least 500 feet from any property line that adjoins a residential
zoning classification.
38.
Noncommercial wind energy conversion system (WECS), subject to:
A.
Setbacks from all property lines, utility lines and structures shall
be 1 1/2 times the total height of the WECS (tower or pole height
plus rotor radius). The lowest part of the rotor blade must be a minimum
of 30 feet higher than the surrounding structures and/or obstructions.
B.
Only one WECS shall be permitted as an accessory structure on a lot
or parcel.
C.
Maximum 50 kilowatt rating and 5-7m rotor diameter.
D.
One-hundred-foot maximum height (tower or pole plus rotor radius)
that shall be self-supporting and in compliance with the manufacturer's
recommendation.
E.
A site-specific wind resource assessment by a qualified professional
is required.
F.
Standard installation drawings shall be submitted showing the wind
turbine structure, including the tower, the base and the footings.
An engineering analysis of the tower showing compliance with the Uniform
Construction Code and certified by a licensed professional engineer
shall be provided.
G.
Submission of manufacturer's electrical drawings must demonstrate
that the WECS is equipped with manual braking and meets all building
and electrical codes.
H.
The applicant shall comply with all applicable regulations of the
Pennsylvania Public Utility Commission governing generation of electricity
for private use and shall provide evidence that he/she/it has notified
the applicable utility company of his/her/its intent to install a
WECS.
I.
Artificial lighting is not permitted, whether directly or indirectly,
except as required by the FAA.
J.
Fencing is required only if the WECS has climbing features below
12 feet.
K.
The tower and related structures and fencing shall be designed to
blend in with the natural settings.
L.
Abandoned WECS must be immediately removed at the expense of the
property owner. A WECS is considered abandoned if it is inoperable
or unsafe and unattended for a period of 12 months.
M.
WECS cannot be used as or used to support signage that is otherwise
permitted by the Township's Sign Ordinance.
N.
WECS cannot be used to support cell phone or transmission antennas
or satellite communications.
39.
Non-Family Facility, Type 1 and/or 2, subject to:
A.
The minimum site required shall be five acres.
B.
The maximum dwelling unit density of a facility licensed by the Commonwealth
of Pennsylvania Department of Health shall be 20 dwelling units per
acre. The maximum dwelling unit density of a facility that is not
licensed by the Commonwealth of Pennsylvania Department of Health
shall be 12 dwelling units per acre. When any unit or sleeping arrangement
(bed) in a facility does not meet the Township's definition of dwelling
unit, the density of beds shall not exceed the density herein prescribed
for dwelling units in accordance of those facilities with and without
licensing by the Commonwealth of Pennsylvania.
C.
A facility shall include common leisure and/or recreational areas.
D.
In addition, a facility may include one or more of the following
supporting uses, subject to approval by the Township:
(1)
Postal station for use of the residents and staff only.
(2)
Banking facility for use of the residents and staff only.
(3)
Pharmacy and/or medical offices for use of the residents only.
(4)
Personal services for the use of the residents only, including
beauty shop, barbershop, common laundry facilities and dry-cleaning
valet.
(5)
Ice cream parlor and/or florist/gift shop for the use of residents
and their invited guests only.
(6)
Elderly day-care center licensed by the commonwealth.
(7)
Taxi, van or similar transportation services for the residents.
F.
Parking shall be provided in accordance a minimum of 0.5 spaces per
dwelling unit.
40.
Nursing home, hospital, hospice or medical clinic, subject to:
A.
The minimum lot area required for a clinic or nursing home shall
be two acres. The minimum lot area required for a hospital shall be
10 acres.
B.
In the R-3 District, a medical clinic shall only be established in
conjunction with, part of and adjacent to a non-family facility type
1, non-family facility type 2 or nursing home.
C.
In the R-3 District, a clinic shall not include methadone or similar
type of treatment.
D.
In the R-2 District, a hospice shall only be established in conjunction
with, part of and adjacent to a hospital.
E.
The property shall be served by public water and public sewers.
F.
All nursing homes and hospitals shall be licensed by the commonwealth,
and the license shall be maintained throughout the occupancy. Failure
to maintain the license shall be grounds for revocation of the certificate
of occupancy.
G.
Water pressure and volume shall be adequate for fire protection.
H.
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
I.
The parking and circulation plan shall be referred to the Township
Police Department and volunteer fire company for comments regarding
traffic safety and emergency access.
J.
Nursing homes shall have a bed capacity of at least 20 beds but no
more than 200 beds.
L.
Disposal of medical waste shall be in accordance with all applicable
permits and handling requirements of the Pennsylvania Department of
Environmental Protection (PA DEP) and the U.S. Environmental Protection
Agency (EPA).
41.
Oil and Gas Development. In addition to the provisions contained in § 27-1301 of the Township Code, an applicant/operator desiring to engage in any oil and gas development shall be subject to the following conditions:
A.
Minimum Lot Size. The minimum lot size for an oil and gas development
shall be 20 acres. Contiguous properties can be combined to meet the
minimum acreage requirements if the properties being combined are
adjoining each other.
B.
Setbacks. The following setbacks shall apply for oil and gas development
unless specifically stated otherwise:
(1)
Unconventional Wellhead:
(a)
500 feet from the edge of the well production pad to an occupied
structure.
(b)
200 feet from the well bore/well head to any solid blue lined
stream, spring or body of water as identified on the most current
7 1/2 minute topographic quadrangle map of the United States
Geological Survey.
(c)
300 feet from an unconventional well bore/well head to any solid
blue lined stream, spring or body of water as identified on the most
current 7 1/2 minute topographic quadrangle map of the United
States Geological Survey.
(d)
300 feet from unconventional well bore/well head to wetlands
greater than one acre in area.
(e)
200 feet from the well bore/well head to wetlands greater than
one acre in area.
(f)
1,000 feet from the edge of the well production pad to any protected
structure.
(2)
Conventional Wellhead:
(3)
Owner Waiver: Applicant must meet the setbacks listed herein
unless the owner of a property, occupied and/or protected structure
located within the setback limits provides written consent to the
proposed use.
C.
Sound.
(1)
A sound study may be conducted by the operator prior to any
activity beginning on the site to demonstrate that sound will not
exceed the permitted decibel levels for the applicable zoning district
as set by Township ordinance or the applicable standard imposed by
state or federal law, whichever is more stringent.
(2)
In the event of multiple zoning districts within the Township,
the more-restrictive sound level standards shall govern. In the event
that contiguous properties are combined for the oil and gas development,
the permitted decibel levels shall apply at the exterior boundary
line of the combined parcel area. In the event operator is unable
to comply with the stated standards, it must put in place measures
that may include, but shall not be limited to:
(a)
Sound Walls/Noise Barriers. The erection of sound walls/noise
barriers to bring the dBa within acceptable levels.
(b)
Enclosure. Enclosure of sound-generating equipment in a sound-reduction
structure that conforms to the character of the zone in which it exists.
All applicable development plans, permits and regulations shall apply
to the enclosure. During normal operations, the structure shall remain
fully enclosed, with all doors and windows remaining closed unless
during times of egress.
(c)
Mufflers. Equipment of internal combustion engine or compressor
with an exhaust muffler or an exhaust box. Said muffler/box shall
be constructed of noncombustible material designed and installed to
suppress sound and disruptive vibrations.
(d)
Obtain a release waiver of the applicable noise requirements
from the owners of the impacted property.
D.
Lighting. Operator shall place lights, to the extent practicable
taking into account safety considerations, at locations so as to avoid
shine directed at public roads, protected structures and adjacent
dwellings and buildings.
E.
Security Measures. Adequate security measures shall be in place at
all times to protect well sites.
F.
Access Roads. Access to any oil and gas development shall be designed
to ensure safety and reduce inconvenience to adjacent properties.
The following shall also apply:
(1)
The access road to the well site, beginning with its intersection
with a paved Township road, shall be paved for the first 100 feet
and the remainder constructed with materials that reasonably minimize
water, sediment or debris carried onto any public road.
(2)
All access roads shall be constructed and maintained to prevent
dust and mud to the surrounding area. Operator, at its discretion,
is to implement reasonable dust abatement measures, during dry weather
conditions and under no circumstances shall brine water, sulphur water
or water in mixture with any type of hydrocarbon be used for dust
abatement.
G.
Truck Routes.
(1)
The applicant shall submit a road use plan showing the proposed
routes of all trucks to be utilized for hauling equipment, supplies
and the like and the estimated weights of those trucks and the estimated
number of trucks entering and exiting the well site on a daily basis.
In conjunction with the Township, the applicant shall design the hauling
routes to and from the facility to minimize the impact on local roads.
At no time shall any overweight vehicle travel upon any Township roads,
or portion thereof, other than the specified portion of Township roads
for which security has been provided.
(2)
The operator shall also coordinate its truck route with the
local school bus schedules, which shall be provided to the Township
by the operator.
H.
Signage, Site Identification. The well site signage shall comply
with act of February 2, 2012 (P.L. 67, No. 9) (Act 9), codified at
35 Pa.C.S.A. § 7321 (relating to unconventional well 911
emergency response information), as amended.
I.
Operating Times. All site preparation and preproduction activities
on the well site, as well as access road maintenance, site reclamation
activity and other ongoing ancillary activities shall be permissible
Mondays through Saturdays (with the exception of federal and/or state
holidays) between the applicable hours of operation as set forth in
the Township Code or as otherwise authorized by the Board of Supervisors.
The active drilling phase and completions (hydraulic fracturing) are
exempt from this subsection.
J.
Impoundments. The operator will provide the following information
to the Township where an operator constructs an impoundment within
the Township:
(1)
A copy of the DEP impoundment permit, if applicable, must be
provided at the time of application or when available;
(2)
Chain-link fencing must be installed around any impoundment
and shall be at least eight feet in height;
(3)
Thirty-day advance written notice must be provided when transitioning
from freshwater to re-use water storage and the applicant must provide
a copy of the revised DEP permit when available;
(4)
The applicant shall provide a copy of the notice of termination
to the Township upon reclamation of the impoundment;
(5)
Any storage of hazardous waste at the impoundment will require
signage in accordance with federal law; and
(6)
Any DEP-reportable spills must be reported to the Township within
24 hours of the incident.
K.
Water Storage. In the event a certified water storage facility or
MLVT shall be placed on the site, it shall be subject to the provisions
contained in § 27-1303.11. Separate conditional use approval
shall not be required for a certified water storage facility located
on site and used as an accessory to an oil and gas development.
L.
Engine and Motor Enclosures. All engines and motors not involved
in the active drilling/fracturing phase but used to facilitate the
movement of gas or regulate the pressure of gas must be enclosed.
Must also have remote/local shutdowns.
M.
On-site Trailers. Operator must identify the number of temporary
trailers at the well site that accommodate rest and meals for essential
personnel during the drilling phase of operations and such temporary
trailers are subject to applicable permit fees. Temporary trailers
used to store equipment and used as office space at the well site
are not subject to fees.
N.
Pipeline Information. Any oil or gas pipelines running from the well site shall be subject to the provisions contained in § 27-1413 of the Township Code.
O.
State and Federal Compliance. The operator shall comply with all
applicable state and federal regulations. The operator shall notify
the Township immediately of any suspension or revocation of the required
state and/or federal permits associated with the well site.
P.
Supplemental Regulations. The facility must meet all of the supplemental regulations of Chapter 27, Zoning, Parts 13 (Express Standards, General Standards) and 14 (Supplemental Regulations), of the Township Code of Ordinances. Any and all uses categorized as conditional uses, in addition to the specific conditions set forth herein and the supplemental regulations of Parts 13 and 14, shall also be subject to the general standards contained in the applicable zoning district(s); and may be further subject to additional conditions and safeguards as deemed necessary and appropriate by the Township to protect the health, safety and welfare of the Township and its residents.
42.
Place of worship, schools (public and private), fire and emergency
medical services and public buildings, subject to:
A.
The minimum lot area required for a secondary or postsecondary school
shall be 10 acres. The minimum lot area required for all other uses
shall be two acres.
B.
If a residential facility (such as a convent or monastery) is proposed
as part of a place of worship, no more than 10 persons shall be housed.
C.
A dwelling (such as a manse or parsonage) may be located on the same
lot with a place of worship, provided that all requirements of this
chapter for single-family dwellings in the zoning district can be
met in addition to the minimum lot area, lot width and yard requirements
applicable to the place of worship.
E.
Ingress and egress to and from police, fire and emergency medical
services shall be located so as to maximize sight distance along adjacent
public streets and enhance safety for vehicles exiting the property.
F.
Fire and emergency medical services, police stations and municipal
maintenance facilities shall be located on the property so that vehicles
and equipment can be maneuvered on the property without interrupting
traffic flow or blocking public streets.
G.
If a fire station includes a rental hall or banquet facilities, the
following criteria shall be met:
(1)
Any rental of the facility to nonmembers shall require on-site
management and/or security personnel during the event.
(2)
Off-street parking for the facility or rental hall shall be
provided in accordance with the requirements of § 27-1502C
for restaurants.
(3)
Activities on the site and within the building shall comply
with the noise standards specified in § 27-1401C.
(4)
If entertainment is presented, doors and windows shall remain
closed during any entertainment involving a speaker system and/or
amplification.
H.
All schools shall be designed to provide convenient access for emergency
vehicles and access to all sides of the building by fire-fighting
equipment.
I.
All outside storage shall be completely enclosed by a six-foot-high
hedge or solid fence.
J.
The proposed use shall have direct access to a public street with
sufficient capacity to accommodate the traffic generated by the proposed
use.
43.
Planned industrial park, planned office park or planned research
or technology park, subject to:
A.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
B.
The minimum site area required shall be eight acres.
C.
Once the improvements are completed in an approved planned industrial
park, planned office park or planned research or technology park,
lots within an approved and recorded plan may be sold and developed
as independent entities for any authorized use in the zoning district
in which it is located.
D.
Only the uses permitted by right or authorized as conditional uses
or uses by special exception in the zoning district in which the planned
industrial park, planned office park or planned research or technology
park is located shall be permitted in the planned industrial park,
planned office park or planned research or technology park.
E.
The site plan shall be designed to minimize points of access to the
public street, shared driveways shall be utilized where feasible and
cross-easements dedicated for common access where necessary.
F.
The site shall be planned as a unit, and uniform signage and landscaping
and common parking and loading areas shall be proposed to promote
efficiency and preserve a common design theme.
G.
A perimeter setback of 100 feet shall be maintained along the side
and rear property lines abutting any residential district or use,
and 50 feet shall be maintained along the side and rear property lines
abutting any commercial or industrial district or use.
44.
Planned shopping center, subject to:
A.
The minimum site required shall be five acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
Once the improvements are completed in an approved shopping center,
lots within the approved and recorded shopping center may be sold
and developed as independent entities for any authorized use in the
district.
D.
Private streets may serve lots that are subdivided within an approved
shopping center, provided that the shopping center has frontage on
a public street. Outparcels created within the shopping center shall
meet the minimum lot area requirements of the zoning district, subdivisions
along building walls within the shopping center shall not be required
to meet minimum lot area, lot width or yard requirements, provided
that the shopping center site complies.
E.
Only uses permitted by right or authorized as conditional uses or
uses by special exception in the district in which the shopping center
is located shall be permitted in the shopping center.
G.
Sidewalks shall be installed in front of all stores.
H.
The site plan shall be designed to minimize points of access to the
public street, shared driveways shall be utilized where feasible and
cross-easements shall be dedicated for common access where necessary.
I.
The site shall be planned as a unit, and uniform signage and landscaping
and common parking and loading areas shall be proposed to promote
efficiency and preserve a common design theme.
J.
Site lighting, if proposed, shall be designed with cutoff luminaires
with a maximum cutoff angle of 60°. (See illustration in Appendix
B.[6]) The maximum illumination at any property line adjoining
property in any R Residential Zoning District shall be 0.2 footcandle.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
45.
Private club, subject to:
A.
Any establishment that includes a restaurant shall further be subject
to the off-street parking requirements of Part 15 for the portion
of the building devoted to restaurant use.
B.
Any rental of the facility to nonmembers shall require on-site management
and/or security personnel during the event.
46.
Private-use helipad, subject to:
A.
Only one private-use helipad shall be permitted on a lot or parcel.
B.
Private-use helipads shall be located at least 250 feet from any
property line or public street, except for helipads accessory to a
hospital that may be located so as to maximize accessibility to existing
emergency facilities.
C.
Evidence of compliance with all applicable regulations of the Federal
Aviation Administration and Pennsylvania Department of Transportation,
Bureau of Aviation, shall be submitted.
D.
The helicopter landing pad shall be clearly marked with the insignia
commonly recognized to indicate a private-use helipad.
E.
The helicopter landing pad shall be paved, level and maintained dirt
free. Rooftop pads shall be free of all loose stone and aggregate.
F.
An application for a helipad on a roof shall be accompanied by a
certification by a registered engineer that the loads imposed by the
helicopter will be supported by the structure.
G.
Maintenance of aircraft shall be prohibited, except for maintenance
of an emergency nature.
H.
There shall be no storage of fuel at the helipad.
I.
There shall be no basing of aircraft at the helipad.
J.
The helipad shall be fenced and secured at all times to preclude
access by the general public.
K.
Clear areas for emergency landings of the helicopter in the event
of mechanical failure shall be provided. These emergency landing areas
shall be located within the normal glide range of the helicopter with
one engine off when operating in the approved takeoff or landing lane
from the helipad.
L.
Lighting shall be shielded away from adjacent properties.
47.
Public parking lot or public parking garage, subject to:
A.
All public parking lots or public parking garages shall be designed
to have direct vehicular access to an arterial or collector street,
as defined by this chapter, unless they are located within the site
of an approved planned shopping center, planned industrial park, planned
office park or planned research or technology park.
B.
All public parking lots or public parking garages shall be designed
to minimize traffic congestion on the site or within the garage and
for traffic entering or leaving the site or parking lot or garage.
C.
The design of any parking garage proposed to be located on property
that adjoins an R Residential Zoning District shall take into account
the height, visual, light and air impacts on adjoining residences
and shall utilize architectural materials for the exterior walls facing
those residential areas that are compatible with the residential character
of adjoining properties.
D.
Any public parking garage structure, whether proposed as a principal
structure or an accessory structure, shall comply with the yard requirements
for a principal structure.
E.
Any public parking lot that is reserved, in part, for the customers
or employees of a specific use shall be located within 500 feet of
the specific use that it is intended to serve.
48.
Public utility building or structure, subject to:
A.
The minimum lot area required shall be 21,780 square feet.
B.
Maintenance vehicles shall be stored within a completely enclosed
building.
C.
Outdoor storage of materials or equipment, other than maintenance
vehicles, shall be permitted only if the storage area is completely
enclosed by a minimum eight-foot fence with locking gate and is screened
by 100% opaque screening material placed in the fencing or by a six-foot
dense, compact evergreen hedge.
D.
Any area of the building that is used for business offices shall comply with the parking requirements of Part 15 of this chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
49.
Re-Entry Related Operations. In addition to the applicable provisions of § 27-1301 and § 27-1303.41, Re-entry related operations shall be subject to the following:
A.
Application. The operator shall also provide the following:
(1)
Written certification that the operator is in compliance with
the conditions contained in the initial conditional use approval;
(2)
Updated truck routing schedule over Township roads;
(3)
Updated compliance with the Township's road maintenance and
bond agreement for the roads to be utilized;
(4)
Updated drilling and related operations schedule/timeline; and
(5)
Copies of any new or revised permits and approvals required
for the re-entry related operation.
B.
Scope. The conditional use hearing will be limited to testimony and
exhibits explaining the specific related operations not covered by
the initial conditional or permitted use approval.
C.
Standards and Criteria.
(1)
Operator may rely on the conditions set forth in the original
conditional use approval. The Township may not change or amend the
original conditions or ordinance terms concerning setbacks, well site
and/or access road location so long as they do not adversely affect
the health, welfare and safety of the residents.
(2)
The applicant shall demonstrate compliance with the criteria
applicable to the specific proposed re-entry related operation (e.g.,
truck staging area or certified water storage facility).
50.
Self-Storage, Interior, subject to:
A.
All parking and loading areas shall be paved and properly drained
in accordance with the off- street parking and loading requirements
of this chapter.
B.
In addition to required parking and loading area, adequate stacking
space for vehicles awaiting loading and unloading shall be provided.
C.
A manager's office may be permitted as an accessory use thereto.
Sanitary facilities shall be located indoors.
D.
Outdoor lighting shall be installed in such a manner as to be directed
away from adjacent residential uses and shall be shielded to prevent
spillage of light onto adjoining properties.
E.
The exterior finish of any self-storage facility shall consist primarily
of stucco or masonry (such as brick or split face block) type materials.
Thirty percent of the front face shall be high-performance glass.
G.
The perimeter of the site shall be fenced with a minimum six-foot-high
fence with self-latching gate. Fencing shall be of a type approved
by the Planning Commission. Chain link and/or privacy fencing shall
be prohibited along any street frontage.
H.
No building within a self-storage facility shall exceed 300 feet
in length.
I.
Elevations and architectural renderings shall be provided as part
of any site plan.
J.
No door openings accessing storage units shall face an adjacent residential
use unless screened from view with landscaping, mounding or other
buffers.
K.
Storage units may not be equipped with sanitary sewer service.
L.
In no event shall storage units be designed to accommodate nor shall
they be used for the storage of flammable liquids, highly combustible
or explosive materials or hazardous chemicals, including propane or
gasoline engine or storage tanks, and the use of a self-storage facility
for the same is prohibited.
M.
The following activities are prohibited in conjunction with this
use:
(1)
Human occupancy beyond that required to transport, arrange,
and maintain stored material;
(2)
Retail sales other than the ancillary sale of supplies such
as boxes, tape or similar products to those leasing individual units
within the self-storage facility (disposal of abandoned goods pursuant
to the Self-Storage Facility Act shall be permitted);
(3)
The servicing, repair or fabrication of engines, motor vehicles,
boats, trailers, lawn mowers, appliances, furniture or other similar
equipment;
(4)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns or other similar
equipment; and
(5)
Transfer and storage businesses.
N.
Fire hydrants shall be installed as required by the NSTMA and/or
NSTFD Fire Chief(s).
51.
Specialized animal raising, animal grooming, or commercial greenhouse,
subject to:
A.
A minimum site of five contiguous acres shall be required for specialized
animal raising and animal grooming.
B.
A minimum site of 10 contiguous acres shall be required for a commercial
greenhouse.
C.
The primary residence of the animal owner or groomer shall be located
on the same parcel of land on which the animals are maintained.
D.
The primary residence of the owner of the commercial greenhouse shall
be located on the same parcel where the greenhouse is located.
E.
The retail sales area for a greenhouse shall not exceed 1,200 square
feet. The growing area shall not be considered sales area.
F.
Animals shall not be bred or sold and shall be kept only for noncommercial
purposes, for recreation and/or food production for the immediate
resident family.
G.
Animals kept shall be limited only to those species normally raised
in the area. The number of such species shall be limited as follows:
(1)
Large animals such as cattle, horses, lambs, goats and the like
shall be limited to one animal for the first five acres, plus one
for each additional acre or portion thereof up to 10 acres, not to
exceed a total of six large animals. [There is no limit on properties
of 10 acres or more.]
(2)
Small mammals and fowl, such as rabbits and poultry, excluding
chickens, pigs, hogs, and swine, shall be limited to a maximum of
10 animals for the first five acres, plus two animals for each additional
acre or portion thereof up to 10 acres, not to exceed a total of 20
mammals, fowl or any combination thereof. [There is no limit on properties
of 10 acres or more.]
H.
Under no circumstances shall the raising and maintenance of pigs,
swine and hogs be permitted.
J.
Buildings used for animal raising shall be a minimum of 75 feet from
any property line, and all corral and pasture areas shall be fenced.
K.
All activities shall be conducted so as not to create nuisances or
dangers to public health and safety.
L.
The property shall be fenced by a minimum six-foot-high fence enclosing
the entire area used for specialized animal raising.
M.
Agricultural sales shall not be permitted as part of specialized
animal raising. Commercial greenhouses shall be further subject to
the requirements of § 27-1408H governing agricultural sales.
N.
Storage of manure or odor- or dust-producing substances shall be
located at least 200 feet from any property line.
52.
Sportsmen's club, subject to:
A.
The minimum site required shall be 10 acres.
B.
Any outdoor lighting shall be shielded and reflected away from streets
and adjoining properties.
C.
All outdoor activities, except the discharging of firearms, shall
not be located within 500 feet of an existing residence and shall
cease operations at sunset.
D.
Discharging of firearms shall not be located within 1,000 feet of
any existing residence.
53.
Storage Depots, Truck Staging Areas. In addition to the applicable provisions of § 27-1301 and § 27-1303.41, storage depots and/or truck staging areas shall be subject to the following:
A.
Minimum Lot Area. The minimum lot area required for a site shall
be two acres. A certified survey of the site area must be provided
prior to operations commencing.
B.
Setbacks. The following minimum setbacks must be met from the edge
of any truck staging area (measured from the edge of the parking pad)
and storage depot (measured from the edge of disturbed area not including
any fencing) unless waived by the owner of the property adjacent to
the delineated setback:
C.
Surface. The surface of the staging area/storage depot shall be designed
in a manner that would reasonably minimize water, sediment or debris
carried onto any public road.
D.
Application Information. In addition to the application requirements set forth in § 27-1101, the applicant shall provide:
(1)
A location map showing the location of the site in the Township
and the proposed ingress to and egress from the site.
(2)
The anticipated types of vehicles to be accommodated.
(3)
Applicant/operator must provide a list of materials to be stored
on site to the best of its ability. This list must be provided to
the Township's emergency responders in the event of an incident on
site.
(4)
Copies of any permits or approvals required for the construction
or operation of the storage depot or truck staging area.
F.
Operator must reclaim the site in accordance with state and federal
law.
G.
No garbage, hazardous materials or hazardous waste, as defined by
federal statute, or other organic waste shall be stored on the premises.
H.
A truck staging area may be located on a parcel with other uses as
long as the parcel provides parking for the other uses in accordance
with the Township's Zoning Ordinance, off-street parking and loading
provisions.
I.
Supplemental Regulations. The facility must meet all of the supplemental regulations of Chapter 27, Zoning Parts 13 (Express Standards, General Standards) and 14 (Supplemental Regulations), of the Township Code of Ordinances. Any and all uses categorized as conditional uses shall, in addition to the specific conditions set forth herein and the supplemental regulations of Parts 13 and 14, also be subject to the general standards contained in the applicable zoning district(s); and may be further subject to additional applicable conditions and safeguards as deemed necessary and appropriate by the Township.
54.
Supporting commercial uses in a planned office park or a planned
research or technology park, subject to:
A.
Supporting commercial uses shall be limited to one or more of the
following uses:
(1)
Business services.
(2)
Travel agency.
(3)
Pharmacy, in a building housing medical offices, a clinic or
a diagnostic or testing facility.
(4)
Sale of medical supplies and equipment, in a building housing
medical offices, a clinic or diagnostic or testing facility.
(5)
Newsstand or tobacco shop.
(6)
Card and gift shop or stationers store.
(7)
Florist.
(8)
Beauty shop or barbershop.
(9)
Coffee shop, delicatessen or sandwich shop providing either
sit-down or take-out service primarily for convenience of employees
of the office park or research or technology park.
(10)
Restaurant.
B.
Supporting commercial uses may be located on the ground or first
floor of any principal building or may be located in a freestanding
principal or accessory building. The uses shall be located within
the site of the planned office park or planned research or technology
park and shall be accessed from the interior street system. Outparcels
fronting on arterial or collector streets shall not be permitted to
be developed for supporting commercial uses.
C.
The maximum gross floor area devoted to any single restaurant establishment
that is open to the general public shall be 10,000 square feet.
D.
Except for restaurants as regulated by Subsection 54C, above, the maximum gross floor area devoted to any single supporting commercial establishment shall be 5,000 square feet.
E.
Off-street parking for restaurants shall be provided in accordance with the requirements of Part 15 of this chapter for the use.
F.
Off-street parking for supporting commercial uses other than restaurants
shall be provided at the ratio of one parking space for each 500 square
feet of gross floor area.
G.
The gross floor area devoted to all supporting commercial uses shall
not exceed 15% of the gross floor area devoted to office or research
use.
55.
Surface mining, subject to:
A.
Removal of minerals encountered during the routine grading of a site
for the purposes of an approved land development or for the construction
of public improvements shall be excluded from these regulations and
the requirement to obtain approval of a conditional use application,
provided that evidence is presented to the Township that all applicable
requirements of the Pennsylvania Department of Environmental Protection
(PA DEP) are met.
B.
There shall be no removal of minerals or vegetative cover within
100 feet of the bank of any stream or natural watercourse identified
on maps prepared by the United States Geologic Survey (UDGD).
C.
Mineral removal shall be prohibited in watersheds or rivers or streams
now or hereafter designated by the Pennsylvania Fish Commission as
a "wilderness trout stream," by the Pennsylvania Department of Environmental
Protection as part of the scenic rivers system or designated under
the Federal Wild and Scenic Rivers Act.
D.
No mineral removal shall be conducted within 300 feet of the property
line of any public building, school, place of worship, community or
institutional building, commercial building, public park or private
recreational area.
E.
No mineral removal shall be conducted within 100 feet of the outside
right-of-way line of any public street, except where access roads
or haulage roads join the right-of-way line and where the appropriate
state or federal agency having jurisdiction over the conduct of mineral
removal operations shall permit it in accordance with law.
F.
No mineral removal shall be conducted that will adversely affect
any publicly owned park or places included in the National Register
of Historic Sites, unless approved by the governmental agency with
jurisdiction over the park or historic site.
G.
No mineral removal shall be conducted within 100 feet of the property
line of a cemetery.
H.
No mineral removal shall be conducted within 300 feet of the property
line of an occupied dwelling, unless the consent of the owner has
been obtained in advance of the filing of the application for zoning
approval.
I.
The applicant shall submit to the Township a copy of all materials
provided to the Pennsylvania Department of Environmental Protection
(PA DEP) with the permit application.
J.
The applicant shall show the proposed routes of all trucks to be
utilized for hauling and the estimated weights of those trucks. The
applicant shall show evidence of compliance with designated weight
limits on Township streets and shall design the hauling routes for
the mineral removal operation to minimize the impact on local streets
within the Township.
K.
The operator shall post a bond in favor of the Township and in a
form acceptable to the Township prior to beginning operations to guarantee
restoration of Township streets that may be damaged during the mineral
removal operations.
L.
Portions of the site where mineral removal operations are conducted
may be required to be fenced or screened, as necessary, to provide
security and protect adjacent properties.
M.
No top-of-slope or quarry wall shall be located closer than 100 feet
to any property or street line. The perimeter surrounding the area
of operation shall be fenced with a chain-link fence of a minimum
height of six feet to prevent access by both animals and children.
N.
No rock crusher, cement plant or other crushing, grinding, polishing
or cutting machinery or other physical or chemical process for treating
such products shall be permitted.
O.
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
and federal permits, including proof of insurability, before initiating
any work and shall maintain the required permits throughout the duration
of all operations. Any suspension or revocation of the required state
or federal permits shall constitute a violation of zoning approval
and will result in the suspension or revocation of zoning approval
and/or enforcement of the penalty provisions of this chapter.
P.
If blasting is proposed, it shall be subject to approval by the Board
of Supervisors.
(1)
Applications for approval of blasting shall include the following
information:
(a)
A site survey documenting the land uses on the perimeter of
the site.
(b)
Photographs of preexisting conditions on immediately adjacent
properties.
(c)
Credentials, certifications and experience of the contractor
selected to perform the blasting.
(d)
References from previous projects of similar size and nature.
(e)
A geotechnical report prepared by a qualified geotechnical engineer
documenting subsurface conditions on the site and the potential impacts
on adjoining properties and recommendations to mitigate negative impacts.
(2)
If blasting is approved, a seismograph shall be placed on the
site during all times when blasting is performed. Seismograph readings
shall be monitored by an independent engineering consultant whose
credentials are acceptable to the Township and whose fee is paid by
the applicant.
Q.
Approval of the conditional use shall expire if work authorized in
the application for the conditional use is not commenced within six
months of the date of approval of the conditional use application
by the Board of Supervisors, unless the applicant submits a written
request for an extension prior to the expiration of the six months
after the date of approval.
R.
Once work is initiated under an approved application for conditional
use, zoning approval shall be valid for a period of one year from
the date of conditional use approval by the Board of Supervisors.
An application for renewal of zoning approval shall be submitted prior
to the expiration of zoning approval and shall be approved by the
Zoning Officer upon demonstration by the applicant that all conditions
of approval of the conditional use and the required federal and state
permits remain in full force and effect and that the applicant is
diligently pursuing the completion of the mineral removal operation.
S.
During the mineral removal operation, the Township Engineer may inspect
the site at the request of the Board of Supervisors to determine continuing
compliance with these standards and criteria and any conditions of
approval. The cost of inspection by the Township Engineer shall be
borne by the operator.
56.
Truck and heavy equipment rental, sales and service, subject to:
A.
The minimum site required shall be five acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
No part of any truck or heavy equipment or accessories displayed
outdoors shall be less than 35 feet from any A or R District nor less
than 20 feet from any other property line. No vehicle or equipment
shall be parked on adjacent property or in any public street right-of-way.
D.
No vehicle shall be displayed or offered for sale that does not have
all of the mechanical and body components necessary for its safe and
lawful operation.
E.
A permanent structure for office administration, sales, rental and/or
servicing shall be provided.
57.
Truck terminal, subject to:
A.
The minimum site required shall be five acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter. Access to
a local street, as defined by this chapter, shall not be permitted.
C.
No point on the site boundary shall be located within 300 feet of
any point on a site boundary of a property containing a residential
dwelling.
D.
Ingress, egress and internal traffic circulation shall be designed
to ensure safety and minimize congestion.
E.
Site lighting shall be designed with cutoff luminaries that have
a maximum cutoff angle of 60°. (See illustration in Appendix B.[8]) The maximum illumination at any property line shall be
0.2 footcandle.
[8]
Editor's Note: Said appendix is included as an attachment to this chapter.
G.
In the front yard, an earthen mound shall be provided along the entire
public street frontage and Buffer Area A shall be planted on the earthen
mound. All landscaping shall comply with the provisions of § 27-1403D
regarding visibility at driveway entrances.
H.
Off-street parking and loading shall be provided in accordance with the requirements of Part 15 of this chapter.
I.
All materials and equipment shall be stored within a completely enclosed
building.
J.
No repair of vehicles shall be permitted outside a completely enclosed
building.
58.
Two-family dwellings, subject to:
A.
The minimum site required to develop two-family dwellings shall be
five contiguous acres.
B.
The site shall have frontage on and direct vehicular access to a
street defined by this chapter as an arterial street or collector
street.
C.
The minimum lot area required for a two-family dwelling shall be
21,780 square feet (that is, 10,890 square feet per dwelling unit).
D.
If the properties are proposed to be subdivided for fee-simple ownership
of each dwelling unit, the units may be divided along the common walls
without a variance for the side yard required in the R-2 District,
provided that the minimum lot area of 10,890 square feet per dwelling
unit is provided and the minimum lot width of 75 feet is provided
for each dwelling unit's lot and all other applicable area and bulk
regulations are met for each lot.
E.
The design of the two-family dwellings shall be compatible with the
style of the single-family dwellings on adjoining properties, if any.
The orientation of the garages and entries to the two-family dwellings
shall be designed to maximize the appearance of a large single-family
dwelling.
F.
Where two-family dwellings are located on corner lots, the design
of the two-family dwelling shall consider facing the entrance to each
dwelling unit on a different street frontage, if practical.
G.
Two integral parking spaces shall be provided for each dwelling unit.
H.
The two-family dwellings shall be designed to incorporate privacy
patios or interior courtyards for each dwelling unit, where feasible.
59.
Veterinary clinic, subject to:
A.
The minimum lot area required for a veterinary clinic shall be 21,780
square feet, unless the veterinary clinic is located within a planned
shopping center.
B.
Outdoor kennels or runs shall not be permitted in the C-1 and C-2
Districts.
C.
Overnight boarding of animals, other than for medical supervision,
shall be permitted, if the animals are housed overnight within a completely
enclosed building.
D.
Kennels associated with veterinary clinics shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 27-1901 of this chapter.
F.
Odors shall be controlled so as to comply with the performance standards of § 27-1401 of this chapter.
G.
The veterinary clinic shall not be located within 300 feet of an
occupied dwelling on adjacent property unless the building is soundproofed.
60.
Short-term
lodging accommodations.
[Added by Ord. No. 402, 10/25/2022]
A.
Short-term lodging accommodations shall be considered rental units
and must be compliant with the terms of the North Strabane Township
Code, which regulates rental property, including, but not limited
to, such provisions related to registration, licensing, and inspections,
as well providing emergency contact information of a local agent/liaison.
B.
Permit Required. Short-term lodging accommodations shall be required
to register and receive a permit annually. Said permit shall be applied
for and must be received on or before January 31 of each calendar
year. Said permit application shall be reviewed by the Township Zoning
Officer or his/her designated representative. Issuances of said annual
registrations shall be the sole discretion of the Township and will
be based upon demonstration of continuing compliance with the applicable
requirements. Failure to comply with the applicable requirements at
any time may result in revocation and/or nonrenewal of an annual permit.
C.
No outward modification of the structure or grounds shall be made
other than those associated with those permitted for the principal
residential use.
D.
One off-street parking stall shall be provided for each sleeping
room in the dwelling unit.
E.
Overnight occupancy shall be limited to no more than two persons
per bedroom plus two additional persons per dwelling unit. The maximum
daylight occupancy allowed at any one time shall not exceed 150% of
the permitted overnight occupancy load. The short-term lodging accommodation
shall not be advertised via any booking agent or website to accommodate
more than the maximum number of overnight occupants permitted by this
section.
F.
The length of stay per overnight occupant shall be limited to 30
consecutive days.
G.
A short-term lodging accommodation may not be located on a lot that
is within 500 feet of a lot on which another short-term lodging accommodation
is located.
H.
Concerts, weddings, conferences, and other special events shall be
prohibited on the lot of any short-term lodging accommodation.
I.
The use shall not cause an increase in the use of water, sewage,
garbage, police monitoring, or any other municipal services beyond
that which is normal for the property.
J.
The applicant for a short-term lodging accommodation shall provide
evidence of registration, to collect state and county hotel occupancy
taxes.
K.
It shall be the sole responsibility of the owner of the short-term
lodging property to maintain the property in compliance with all applicable
laws and regulations, including the activities of its customers.
