A.
Conditional uses are listed for each zoning district in Article IV of this chapter. Only those uses expressly listed as conditional uses in a particular district may be considered in that zoning district. All applications for a conditional use shall demonstrate compliance with the general criteria and standards, as well as any criteria and standards specific to the requested use, as set forth in this article.
B.
Where development models are listed as conditional uses in Article IV, in addition to the general criteria and standards enumerated in this article, the application shall demonstrate compliance with the "General Characteristics and Design Guidelines," "Site Requirements," and "Lot Types and Mix" (where applicable) for each established development model in Appendix E.[1]
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
C.
General criteria and standards. In addition to any
express standards and criteria listed in the following sections, an
application for a conditional use shall demonstrate that:
(1)
The applicant will reduce significant adverse impacts
on existing uses to the maximum extent feasible, including, but not
limited to, adopting measures addressing illumination/glare, noise,
hours of operation, loitering, litter control, and other similar characteristics.
(2)
The use can be accommodated on the site consistent
with all dimensional, site development, design, grading/drainage,
performance, and other standards for the district in which it will
be located, with no variances required.
(3)
Where the use will generate more than 50 average daily vehicle trips, the use will not cause a deterioration of more than one level from existing levels of service (LOS) at intersections and roads within 1/2 mile of the proposed use, as documented by a traffic impact study prepared in accordance with § 192-60 of this chapter.
(4)
The use provides adequate off-street parking on the same property as the use, in compliance with standards set forth in § 192-56 of this chapter.
(5)
At a minimum, areas of the property not covered by buildings or paved are landscaped and maintained pursuant to the standards and requirements set forth in § 192-53 of this chapter.
(6)
Unless addressed in the specific criteria and standards set forth herein, bufferyards are provided pursuant to the standards and requirements for "Bufferyard C - Average" as set forth in § 192-53F(3) of this chapter.
(7)
Primary access points to the property shall be located
as far as possible from road or street intersections, and adequate
sight distances for the posted speed limits shall be met.
A.
A developer requesting a conditional use shall submit
three copies of the following materials, together with a completed
application and appropriate fee, to the Township Secretary for referral
to the Township Code Enforcement Officer. All information submitted
shall be reviewed by the Code Enforcement Officer for completeness.
(1)
A written statement supporting the general criteria outlined in § 192-46 and describing in detail the proposed use;
(2)
An accurately scaled illustrative site plan showing
the arrangement of the proposed use on the site, including property
lines, uses on adjacent properties, abutting streets, buildings existing
and proposed on the site by use and height, points of access into
the site, internal driveways, parking area layout with number of spaces
noted, signs to remain or proposed, areas of earthmoving with proposed
grade of finished slopes noted, method of collecting and disposing
of stormwater, proposed landscaping and other pertinent information
to illustrate the proposal.
B.
The Planning Commission shall review such requests
and forward its recommendation on the application to the Board of
Supervisors. Within the prescribed time frame, including any agreed-upon
extension, the Commission may also hold a public hearing pursuant
to public notice to inform the public and obtain comment prior to
taking action on a proposed conditional use.
C.
Within the time period set forth in this section,
the Commission shall take one of the following actions. Failure to
take action within the prescribed period, including any extension,
shall be deemed a recommendation for approval of the application as
presented:
(1)
Recommend to the Board of Supervisors approval of
the application as submitted;
(2)
Recommend to the Board of Supervisors approval of
the application with certain conditions subject to the applicant's
consent;
(3)
Recommend to the Board of Supervisors denial of the
application on the basis of specific findings communicated to the
applicant in writing.
D.
The first hearing held by the Board of Supervisors
shall be commenced within 60 days from the date of receipt of a complete
application unless the applicant has agreed in writing to an extension
of time. Each subsequent hearing before the Board of Supervisors shall
be held within 45 days of the date 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 or her case in chief within
100 days of the date of the first hearing. Upon the applicant’s
request, the Board of Supervisors shall assure that the applicant
receives at least seven hours of hearing, including the initial hearing,
within the 100 days. 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. An applicant may, upon request, be granted additional
hearings, provided that persons opposed to the application are granted
an equal number of additional hearings. Persons opposed may, upon
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 provided (given)
an equal number of additional hearings in rebuttal. The Board of Supervisors
shall render a decision on the application within 45 days of the conclusion
of the hearing.
[Amended 9-29-2008 by Ord. No. 125]
E.
Within the time period set forth above, the Board
of Supervisors shall take one of the following actions. Failure to
take action within the prescribed period, including any extension,
shall be deemed approval of the application as presented:
(1)
Approve the application;
(2)
Approve the application with conditions subject to
the applicant's consent; or
(3)
Deny the application on the basis of specific findings
communicated to the applicant in writing.
(4)
The Board of Supervisors may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of this
chapter. The applicant shall have 30 days in which to notify the Board
of Supervisors that he accepts any attached conditions or stipulations.
Failure to accept will render the approval null and void.
F.
An applicant whose conditional use application is
approved must obtain a zoning/building permit. As set forth in this
section, an applicant proposing development containing a use that
is permitted only as a conditional use may submit an application for
a zoning permit at the same time he or she submits the application
for conditional use approval. Duplicate submittal materials are not
required, and the review and approval process for both the conditional
use and zoning/building permit may proceed independently.
G.
All development, construction, and use shall be in
accordance with the approved conditional use plan, unless a revised
plan is submitted and approved. The approved plan shall consist of
the application for conditional use, together with all its attachments
and exhibits, as finally approved by the Board of Supervisors, and
all conditions and stipulations attached by the Board. Any development
contrary to the approved plan shall constitute a violation of this
chapter.
H.
Failure of the applicant to apply for a building permit
within one year of receiving approval of the conditional use shall
render the decision by the Board of Supervisors null and void.
In addition to the general standards and criteria
for conditional uses listed herein, an application for the following
conditional uses shall comply with the specific standards and criteria
set forth as follows, as well as all site development, environmental,
design, and performance standards applicable in the district in which
the use is to be located.
A.
Commercial or private recreation facilities - RC,
RAL, RAM Districts.
(1)
Such facilities shall be generally limited to golf
courses, hunting and fishing clubs, miniature golf courses, golf driving
ranges, fishing lakes, tennis clubs or swim clubs. The category shall
not be construed to include concert halls or outdoor concert areas,
race tracks of any kind, stadiums or similar facilities intended to
attract large crowds.
(2)
Such facility shall be located on a suitable road that connects to other roads on both ends. A traffic impact study, as set forth in § 192-60 of this chapter, assessing the impact of the proposed use on existing roads, intersections, and circulation patterns, and setting forth mitigation measures to eliminate or substantially reduce such impacts, shall be submitted as part of the application.
(3)
No parking areas shall be located between the principal
building on the lot and the abutting road.
(4)
All property lines that abut a residential use or District shall be screened with Bufferyard D, as defined in § 192-53F(4) of this chapter.
(5)
The only dwelling on the property, if one is provided,
shall be that of a manager or a caretaker and his family.
(6)
The Board may restrict access to the facility, storage
of vehicles or materials on the property, and hours of operation to
ensure no adverse impacts on adjacent properties.
(7)
The Board may restrict outdoor lighting on the property
to a greater extent than district regulations may otherwise require,
in order to eliminate glare on abutting public roads and private property.
(8)
All principal structures such as pools, bath houses,
restaurants, or clubhouses shall be set back at least 100 feet from
the front property line and at least 50 feet from other property lines.
B.
Nursing or convalescent home - RC, RAL Districts.
(1)
A nursing home shall be considered a building for
the long-term care of elderly, disabled, or terminally ill persons
requiring constant attention by skilled staff. A convalescent home
shall be considered a building housing persons recovering from serious
illness or injury requiring temporary care.
(2)
Such homes may be converted existing dwellings or
new buildings with a maximum of six beds in the converted dwelling.
(3)
The total number of individuals that may be cared
for or housed in a new home shall not exceed the total acreage of
the site multiplied by six. In the event that both public sewer and
public water lines will serve the home, the number of individuals
may be increased up to the total acreage multiplied by 11.
(4)
Nursing and convalescent homes shall have a bed capacity
of at least 11 beds, except as provided herein, but no more than 200
beds. The operator of a nursing or convalescent home shall be licensed
or certified by the appropriate state agency or agencies. The license
or certification shall be obtained prior to issuance of an occupancy
permit by the Township. A copy of an annual report with evidence of
continuing certification shall be submitted to the Code Enforcement
Officer in January of each year.
(5)
Additions to any existing dwelling shall be compatible
with the original building's appearance and scale, and new development
should be consistent with one of the development models permitted
in the district in which it is to be located and with applicable residential
lot and block standards.
(6)
Twenty-four-hour supervision shall be provided at
a nursing or convalescent home by staff qualified by the licensing
or certification agency.
(7)
Adequate provisions shall be made for access by emergency medical and fire vehicles. If more than 25 beds are provided, a traffic impact study shall be prepared in accordance with § 192-60 of this chapter.
(8)
The minimum area of the property shall be two acres.
(9)
Principal building or buildings on the property shall
be set back at least 100 feet from any right-of-way abutting the site
and at least 50 feet from side and rear property lines.
(10)
Outdoor lighting shall be of the cutoff-luminaire
type, permitting no light escape upwards, no view of the light source
from off the property, and no light trespass on adjacent properties.
C.
Resource removal - RC and RAL District.
[Amended 9-29-2008 by Ord. No. 125]
(1)
Resource removal may include the excavation of earth,
sand, gravel, stone, coal or other minerals by surface or deep mining
methods and removal of the excavated materials from the site when
such activity is not a part of an approved site development plan.
(2)
An application for conditional use must be approved
prior to issuance of an excavation permit. As part of the application
for conditional use approval, the excavator shall submit a drawing
showing:
(a)
The property on which the excavation will occur,
including abutting roads, property lines and boundary on the property
within which the excavating will occur, including proposed phasing
of the work over the life of the project;
(b)
Contours at five-foot intervals, indicating
existing contours and proposed contours at conclusion of excavation;
(c)
Solution to drainage from the site, showing
means of carrying groundwater to a natural drainageway or to a stormwater
system; and
(d)
The registration seal of the engineer preparing
the drawing when over five acres in area.
(3)
The excavator shall comply with all applicable regulations
of this chapter, including but not limited to site grading and drainage,
landscaping and buffering, and environmental standards.
(4)
No landfill or dumps for garbage or other refuse or
commercial or industrial by-products shall be permitted.
(5)
The excavation project shall be operated as follows:
(a)
Primary access to the site shall be controlled
at one location.
(b)
The excavator shall post the property, noting
that a dangerous condition exists and warning trespassers away.
(c)
The excavator shall take care that trucks leaving
the property are not overloaded and that spilled material is removed
from adjacent public roads not less frequently than once every four
hours while the excavation is in progress.
(d)
Water accumulating on the site shall be removed
to a drainageway, and any contaminated water shall be treated before
being allowed to enter a drainageway.
(e)
When the operation ceases for a period of at
least 90 days or moves from one area of the site to another, slope
areas remaining shall be left in accordance with the requirements
for grading.
(6)
Upon approval of the resource removal as a conditional
use, the Board of Supervisors shall instruct the Code Enforcement
Officer to issue an excavating or grading permit. The excavator does
not have to apply for a zoning permit pursuant to this chapter. However,
the necessary permits of the Pennsylvania Department of Environmental
Protection shall have been issued to the excavator prior to issuance
of an excavating permit by the Code Enforcement Officer.
(7)
The excavator shall apply annually, upon the date
of issuance of the original excavating permit, for a renewal of the
local grading permit. A total of four renewals shall be permitted
for any single project, and all excavating work shall be completed
within five years from the date of issuance of the original excavating
permit.
(8)
The Board of Township Supervisors shall have the right
to close the excavating or grading operation at any time, or deny
the right to renewal of the excavating or grading permit, if in its
opinion the operation is being carried on in conflict with local regulations.
(9)
The Board of Supervisors may require a bond in favor
of the Township to be posted by the excavator to cover damages that
may occur to Township roads as a result of hauling materials excavated
from the permitted site. The amount of the bond less any sums needed
to correct damages shall be refunded to the excavator within one year
after the conclusion of the operation.
D.
Mobile, modular or manufactured home park - RC District.
(1)
The site of a mobile, modular or manufactured home
park shall be serviced by a public water supply or a private community
water supply approved by the Pennsylvania Department of Environmental
Protection (DEP), and shall be served by a public sewage system or
a private community sewage treatment system approved by the DEP.
(2)
The minimum site required shall be 20 acres.
(3)
The portion of the site to receive the mobile, modular
or manufactured homes shall be outside the one-hundred-year floodplain,
shall be free of perpetually wet areas, and shall not be sloped greater
than 10% at any point.
(4)
Development of a mobile, modular or manufactured home
park shall, to the maximum extent feasible, be patterned on the large-lot
rural subdivision development model.
(5)
Individual mobile, modular or manufactured homes shall conform to the standards and requirements set forth in § 192-55 of this chapter.
(6)
The minimum front and rear yard depths for the perimeter
of the site shall be 50 feet each, and the minimum side yard depth
shall be 30 feet each. No portion of an individual manufactured home
lot may extend into the required perimeter yards. Landscaping, parking,
and recreational facilities may project into the required perimeter
yards if they are at least 20 feet from the exterior property line
bounding the site.
(7)
Open space, including common facilities for the use
and enjoyment of the park residents, shall be provided according to
the requirements for a planned residential development.
(8)
All property lines adjoining a commercial or industrially zoned parcel shall be screened by Bufferyard D as defined in § 192-53F(4) of this chapter.
E.
Quadraplex dwellings - RAL District.
[Added 3-27-2002 by Ord. No. 99]
(1)
This dwelling option shall be developed as a multistructure
land development or as a condominium development.
(2)
Minimum gross acreage for this dwelling option shall
be 15 acres.
(3)
Each dwelling in the structure shall have two open
space exposures.
(4)
Combined parking for two or more dwelling units may
be provided in a single off-street location on the lot or within the
development envelope of each structure where multiple building sites
are proposed on one tract of land. A minimum of two off-street parking
spaces for each dwelling shall be provided.
(5)
Combined access drives for two or more dwelling units
shall be provided on each lot.
(6)
Maximum density for multiple quadraplex buildings
or condominiums on a single tract shall be not more than three dwelling
units per acre.
(7)
Review procedures for conditional use status as well
as land development or condominium approval may be conducted simultaneously.
In addition to the general standards and criteria
for conditional uses listed herein, an application for the following
conditional uses shall comply with the applicable standards and criteria
set forth as follows, as well as any dimensional, site development,
building design, and performance standards applicable in the district
in which the use is to be located.
A.
Large retail (establishments over 25,000 square feet
in gross floor area) - B, C Districts. In addition to the standards
and criteria required for land developments set forth in the Township's
Subdivision and Land Development Ordinance,[1] large retail establishments in the B and C Districts (as
conditional uses) and all structures regardless of size in any overlay
zoning district shall comply with the following requirements:
[Amended 7-23-2001 by Ord. No. 96]
(1)
Facades greater than 100 feet in length, measured
horizontally, shall incorporate wall plane projections or recessing
having a depth of at least 2% of the length of the facade and extending
at least 20% of the length of the facade, in total. No uninterrupted
length of any facade shall exceed 20 horizontal feet.
[Amended 2-28-2011 by Ord. No. 141]
 | |
|---|---|
|
Projections/recesses shall comprise at least 20% of facade length,
with a minimum depth of 2% of the facade length.
| |
|
Projections/recesses shall comprise at least
20% of facade length with minimum depth of 3% of facade length.
|
(2)
Ground floor facades that face public streets shall
have arcades, display windows, entry areas, awnings, or other such
features along no less than 10% of their horizontal length.
[Amended 2-28-2011 by Ord. No. 141]
 | |
|---|---|
|
Surface variations such as these must total 10% of the facade
length in the aggregate, for any facade abutting a public street.
|
(3)
Building facades must include a repeating pattern
that shall include no less than two of the elements listed below:
(4)
All building facades, including back and side facades,
that are visible from adjoining properties and/or public streets shall
comply with the requirements of this section.
(5)
Roofs shall have no less than two of the following
features:
(a)
Parapets, to a maximum of 25% of the total roof
area, concealing flat roofs and rooftop equipment such as HVAC units
from public view. The average height of such parapets shall not exceed
15% of the height of the supporting wall, and such parapets shall
not at any point exceed 1/3 of the height of the supporting wall.
Such parapets shall feature three-dimensional cornice treatment.
(b)
Overhanging eaves, extending not more than three
feet past the supporting walls and not less than 16 inches in width.
(c)
Sloping roofs that do not exceed the average
height of the supporting walls, with an average slope greater than
or equal to one foot of vertical rise for every three feet of horizontal
run and less than or equal to one foot of vertical rise for every
one foot of horizontal run.
(d)
Three or more roof slope planes.
(6)
Predominant exterior building materials shall be of
approved materials, including but not limited to brick, wood, native
stone, and textured, concrete masonry units.
(7)
Predominant exterior building materials should not
include smooth-faced concrete block or unfinished reinforced concrete
walls.
[Amended 2-28-2011 by Ord. No. 141]
(8)
Each principal building on a site shall have clearly
defined, highly visible customer entrances featuring no less than
three of the following:
(a)
Canopies or porticos.
(b)
Overhangs.
(c)
Recesses/projections.
(d)
Arcades.
(e)
Raised corniced parapets over the door.
(f)
Arches.
(g)
Outdoor patios.
(h)
Display windows.
(i)
Architectural details such as tile work and
moldings which are integrated into the building structure and design.
(j)
Integral planters or wing walls that incorporate
landscaped areas and/or places for sitting.
(k)
Where additional stores will be located in the
principal building, each such store shall have at least one interior
public entrance, and the principal building shall have such exterior
points of access as required by the current local building code and
Commonwealth Department of Labor and Industry.
(9)
All large retail establishments on property directly
abutting or located within 200 feet of a residentially zoned lot shall
comply with the following restrictions:
(a)
All principal uses shall be conducted within
an enclosed building, or covered area with the exception of an exterior
patio used in conjunction with food services.
[Amended 2-28-2011 by Ord. No. 141]
(b)
No use or group of uses shall be permitted to
present live performances with sound reinforcement amplification on
the exterior of the premises.
[Amended 2-28-2011 by Ord. No. 141]
(c)
No driveway providing access to a use or group
of uses or required parking areas shall be located within 50 feet
of a residentially zoned lot.
[Amended 2-28-2011 by Ord. No. 141]
(d)
Bufferyard E, as defined in § 192-53F(5) of this chapter, shall be provided along all property lines of the site that abut a residentially zoned use.
B.
Adult businesses.[2]
[Amended 2-28-2011 by Ord. No. 141]
(1)
No sexually oriented business shall be located outside
the I Industrial District. A person is guilty of a violation of the
Zoning Ordinance if he operates or causes to be operated an adult
business outside of the I Industrial District.
(2)
Any sexually oriented business lawfully operating on the date of enactment of this subsection that is in violation of Subsection B(1) above shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.
(3)
Persons or owners who intend to open an adult business
must obtain from the Township a license to operate such an establishment
pursuant to current Township regulations and this section and must
pay to the Township an investigation fee as may be set from time to
time by resolution of Township Supervisors. In addition, such persons
or owners must supply to the Township detailed information as to the
ownership and financing as required to operate such business.
(4)
An adult business shall be initially licensed, where
it has met the current requirements through December 31 of the year
in which the license is issued. For each year thereafter that the
adult business intends to continue as an adult business, it must seek
from the Township a renewal of the license. The lack of a valid license
at any time shall be a proper basis for the Township to deny or revoke
an occupancy permit to an adult business.
(5)
Any
adult business found to be in violation of this section shall be subject
to the enforcement penalties of this Zoning Ordinance and all related
ordinances and pursuant to Pennsylvania law.
(6)
Adult
businesses shall not be located within 300 linear feet of any property
which is zoned residential or from any other existing or proposed
adult business. In addition, no adult business shall be located within
300 linear feet of the property boundary line of the following uses:
(7)
Signage.
Notwithstanding any other provision of this chapter, it shall be unlawful
for any owner or operator of any adult business or any other person
to erect, construct, or maintain any sign for the regulated establishment
other than one “primary sign.” Primary signs shall contain
no photographs, silhouettes, drawings or pictorial representations
of any manner and may contain only:
(a)
The name of the regulated establishment; and/or
(c)
Primary signs for adult movie theaters may contain the additional
phrase, "Movie Titles Posted on Premises."
(d)
Each letter forming a word on a primary sign shall be of a solid
color, and each such letter shall be the same print-type, size and
color. The background on the display surface of the primary sign shall
be of a uniform and solid color.
(e)
No materials, merchandise, film offered for sale, rent, lease or
loan or for view upon the premises shall be exhibited or displayed
outside of a building structure.
(f)
Any building or structure occupied as an adult business shall be
windowless or have an opaque covering over all windows or doors of
any area in which materials, merchandise or film is exhibited. No
materials or film shall be visible from outside of the building or
structure.
(8)
Any
adult business which exhibits on the premises film, digital video
display, or other method of image production which depicts nudity
or sexual conduct shall comply with the following:
(a)
At least one employee shall be on duty at all times that any patron
is on the premises.
(b)
Where viewing rooms are located on the premises, an unobstructed
view of access to all such rooms shall be available to the employee
on duty.
(c)
No viewing room shall be occupied by more than one person at any
time.
(d)
No connections or openings to adjoining viewing rooms shall be permitted.
(e)
A minimum of one footcandle of illumination measured at floor level
shall be provided in every area where patrons are permitted access.
(f)
Where live performances are given, separate stage and viewing areas
shall be provided with separate access to each and no connecting access
between the areas.
(g)
Alcoholic beverages shall not be sold on the premises of an adult
business, unless the operator has been issued a valid, current permit
or appropriate license from the commonwealth.
(9)
Injunction.
A person who operates or causes to be operated a sexually oriented
business without a valid permit or in violation of this section is
subject to an action in equity or a suit for injunction as well as
citations for violations of this chapter.
C.
Hospital - B, C, I Districts.
(1)
The minimum site size for a hospital shall be five
acres.
(2)
The site shall be served by public water and sewer
services.
(3)
All hospitals shall be licensed by the Commonwealth
of Pennsylvania.
(4)
Water pressure and volume shall be adequate for fire
protection.
(5)
A traffic study, including a parking and circulation
study, shall be prepared in accordance with this chapter.
(6)
Ingress, egress, and internal traffic circulation
shall be designed to ensure access by emergency vehicles.
(7)
All property lines adjoining a residential use shall be screened by Bufferyard D, as defined in § 192-53F(4) of this chapter.
(8)
Helipads shall be for hospital use only.
D.
Landfills - I District.
(1)
The minimum site required for a landfill shall be
75 acres.
(2)
The site shall have frontage on and direct vehicular
access to the Mars-Evans City Road or Mars-Valencia Road.
(3)
The driveway or haul road entering the site from a
public street shall be paved for at least a distance of 500 feet from
the public street.
(4)
A tire-washing station shall be located on the site
to service trucks exiting the facility.
(5)
The operator of the landfill shall post a bond or
other acceptable surety, an amount determined by the Township Engineer
to be sufficient to cover the cost of maintenance, repair, and reconstruction
of any Township roads over which the collection and disposal vehicles
may travel to the landfill site. The term of the bond shall begin
on the date that the zoning permit is issued. The bond or surety,
or balance thereof, shall be reviewed periodically to determine if
the amount is sufficient to cover any maintenance or repair costs,
and shall be revised if found to be insufficient to cover such costs.
The bond or surety shall be returned to the operator upon completion
of operations and any backfilling, or reconstruction and repair of
any damaged roadway. Those portions of the Township road which have
been damaged shall be determined by inspection of the Township Engineer
and shall be reconstructed to current Township specifications for
street construction.
(6)
Landfill operations and all activities related thereto
shall be located as specified by the Pennsylvania Department of Environmental
Protection from any property line abutting a residential use.
(7)
The perimeter of the landfill site shall be screened from adjacent properties and roads with Bufferyard E as defined in § 192-53F(5) of this chapter.
(8)
Evidence of compliance with all regulations and permit
requirements of the Pennsylvania Department of Environmental Protection
(DEP) and other state and federal agencies with jurisdiction over
such operations shall be submitted with the application for a zoning/building
permit.
(9)
If a change in ownership occurs, the new owner shall
submit a new application for conditional use approval. Approval of
the new application shall not be granted until a new permit is issued
to the new owner by the DEP.
(10)
The required state or federal permits shall
be maintained throughout the duration of all operations. Any suspension
or revocation of the required state or federal permits shall constitute
a violation of this chapter and will result in the automatic suspension
or revocation of all Township approvals and permits.
(11)
In January of each year, the operator of the
landfill shall apply to the Code Enforcement Officer for recertification
of his approval from the Township. The landfill operation shall be
recertified if the facility is operating in accordance with all the
conditions and standards of the original approval, and all applicable
state and federal permits.
(12)
Operations shall be conducted in compliance
with all applicable performance standards, including regulations for
noise, vibrations, and odor. In addition, operations shall be conducted
to control, to the maximum extent feasible, blowing debris, dust,
and fly and insect infestation.
(13)
Outdoor lighting, if any, shall be shielded
and reflected away from adjoining properties and shall conform with
the illumination/lighting standards set forth in the district in which
the use is to be located.
(14)
Landfill operations, including truck traffic,
shall not be permitted between the hours of 10:00 p.m. and 6:00 a.m.
(15)
The Board of Supervisors may impose additional
conditions regarding access, circulation, noise, hours of operation,
and similar impacts as it deems necessary to minimize adverse impacts
on adjacent properties and streets.
E.
Distributed
antenna system criteria.
[Added 12-9-2019 by Ord. No. 175]
(1)
Maximum height in the public rights-of-way.
(a)
Tower-based wireless communication
facilities in the public rights-of-way shall be consistent in height
with any existing tower-based wireless communication facilities located
within 150 feet and in all cases shall not exceed 40 feet in height.
(b)
To the extent permissible under state
and federal law, any height extensions to an existing tower-based
wireless communication facility shall require prior approval of the
Township, and shall not increase the overall height of the tower-based
wireless communication facility to more than 40 feet.
(2)
Locations.
(a)
Distributed antenna systems and tower-based
wireless communication facilities are prohibited in front of residences/dwellings/apartments.
(b)
Such tower-based wireless communication
facilities shall not be located in underground utility areas and shall
not be located within the front facade area of any structure.
(3)
Equipment location. Tower-based wireless
communication facilities and related equipment shall be located so
as not to cause any physical or visual obstruction to pedestrian or
vehicular traffic, or to otherwise create safety hazards to pedestrians
and/or motorists or to otherwise inconvenience public use of the rights-of-way
as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment,
walls, or landscaping be located within 24 inches of the face of the
curb.
(b)
Ground-mounted equipment that cannot
be placed underground shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township.
(c)
Required electrical meter cabinets
shall be screened to blend in with the surrounding area to the satisfaction
of the Township.
(d)
Any graffiti on the tower or on any
related equipment shall be removed at the sole expense of the owner
within 10 business days of notice of the existence of the graffiti.
(e)
Any underground vaults related to
tower-based wireless communication facilities shall be reviewed and
approved by the Township.
(4)
Maximum height not in the public rights-of-way.
Tower-based wireless communication facilities not in the public rights-of-way
shall be consistent in height with any existing tower-based wireless
communication facilities located within 150 feet and in all cases
shall not exceed 40 feet in height.
F.
Communications
and cellular towers - I and RC Districts.
[Added 4-24-2023 by Ord. No. 181]
(1)
Lot size. The lot size dimensions (depth and width) shall be dictated
by the fall radius of the tower.
(2)
The applicant is required to demonstrate, using technological evidence,
that the antenna must go where it is proposed in order to satisfy
its function in the company's grid system.
(3)
If the applicant proposes to build a tower (as opposed to mounting
the antenna on an existing structure), it is required to demonstrate
that it contacted the owners of tall structures within a one-half-mile
radius of the site proposed, asked for permission to install the antenna
on those structures, and was denied for reasons other than economic
ones. This would include smokestacks, water towers, tall buildings,
antenna support structures of other communications companies, other
communications towers (fire, police, etc.), and other tall structures.
Adams Township may deny the application to construct a new tower if
the applicant has not made a good faith effort to mount the antenna
on an existing structure.
(4)
The applicant shall demonstrate that the antenna is the minimum height
required to function satisfactorily. No antenna that is taller than
this minimum height shall be approved. In addition, no antenna shall
exceed 200 feet in height.
(5)
All communications towers must be stealth towers. A "stealth tower"
is a communications tower which is not recognizable as a conventional
communications tower (e.g., a metal lattice structure), but instead
is disguised or concealed in such a fashion as to conform to its surroundings.
Examples of such stealth towers include a tower which looks like a
tree or a clock tower, or one which is concealed in a church steeple
or concrete silo.
(6)
The Township Supervisors may waive the stealth tower requirement
where the applicant can demonstrate that the requirement is not necessary
to protect the health, safety and welfare, considering items such
as impact on surrounding and abutting property values; height; screening;
number of uses per tower, including public uses; location; and actual
setbacks.
(7)
Setbacks from base of antenna support structure. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure or any guy wire anchors and any property line
shall be the largest of the following:
(8)
Fencing. A fence shall be required around the antenna support structure
and other equipment, unless the antenna is mounted on an existing
structure. The fence shall be a minimum of eight feet in height.
(9)
Landscaping. The following landscaping shall be required to screen
as much of the support structure as possible, the fence surrounding
the support structure, and any other ground-level features (such as
a building), and in general soften the appearance of the cell site.
Adams Township may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping if they achieve the same degree of screening as the required
landscaping. If the antenna is mounted on an existing structure, and
other equipment is housed inside an existing structure, landscaping
shall not be required.
(a)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
(b)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(10)
In order to reduce the number of antenna support structures
needed in the community in the future, the proposed support structure
shall be required to accommodate other users, including other communications
companies, and local police, fire, ambulance services and municipal
authority and road departments. In addition, a linear two-mile separation
shall be maintained between communications towers, measured from the
base of the support structure.
(11)
The applicant must demonstrate that it is licensed by the Federal
Communications Commission.
(12)
Antenna support structures under 200 feet in height should be
painted silver or have a galvanized finish retained in order to reduce
the visual impact. Support structures may be painted green up to the
height of nearby trees. Support structures near airports shall meet
all Pennsylvania Department of Transportation, Bureau of Aviation
and Federal Aviation Administration regulations. No antenna support
structure may be artificially lighted except as provided for and required
by the Pennsylvania Department of Transportation, Bureau of Aviation
and FAA.
(13)
A land development plan shall be required for all sites, showing
the antenna, antenna support structure, building, fencing, buffering,
access to public rights-of-way, and all other items required in the
Adams Township Subdivision and Land Development Ordinance.[3] The land development plan shall not be required if the
antenna is to be mounted on an existing structure.
(14)
In granting the use, the Supervisors may attach reasonable conditions
warranted to protect the public health, safety and welfare, including,
but not limited to, the location of structures, fencing and screening.
(15)
All approvals will be only for specific facilities set forth
in the application. No additions or alterations thereto will be permitted
without a new application.
G.
Firing ranges - RC District.
[Added 1-11-2016 by Ord.
No. 155]
(1)
The minimum site required for an outdoor firing range shall be 50
acres.
(2)
The minimum site standards for an indoor firing range shall be as set forth in § 192-15F(1)(a) to (f). In addition, the decibel level for indoor firing range shall not exceed 60 dBa at all property lines, without the express written consent of the adjacent property owner(s).
(3)
Outdoor firing ranges shall not be located within 2,640 linear feet
of any structure, except for buildings accessory to the operation
of the firing range and/or related activities, and also except for
bows or compound bows, which shall not be located within 150 linear
feet of any structure, except for buildings accessory to the operation
of the bow or cross bow firing range and/or related activities.
(4)
Firing ranges: Ranges shall illustrate that the design and direction
of all firing lanes shall not present a danger to public health and
safety. The developer shall show adherence to best design practices,
such as the National Rifle Association's NRA Range Source Book, to
ensure safety. Other intensive uses shall present a plan to minimize
any noise created by activities through buffering, acoustic engineering
or topography.
(5)
No exploding targets shall be permitted within 2,640 linear feet
of any structure without the written consent of the owner of the occupied
structure. As used herein the term "exploding target" shall mean any
device which explodes upon impact by a projectile fired from a firearm,
bow or compound bow, or any other ranged weapon, such as, but not
limited to, binary exploding targets (made of separately packaged
"fuel" and "oxidizer" that must be mixed to make the explosive device
"live").
(6)
The Board of Supervisors may limit hours of operation as a reasonable
additional condition of approval.
H.
Oil and natural gas compressor station - I District.
[Added 12-11-2017 by Ord.
No. 163]
(1)
The minimum site area required for an oil and gas compressor station
shall be 10 acres.
(2)
To minimize impacts of ongoing compressor station noise on surrounding
land uses, a compressor station shall not be located any closer than
2,640 linear feet to another existing or proposed compressor station
independent of who owns/operates the adjacent compressor station.
(3)
No oil and gas compressor station may be located closer than 1,320
linear feet from any dwelling or school without the written waiver
of the owner of the dwelling. As used herein the term "school" means
an institution for the education and training of children, kindergarten
through 12th grade, certified by the Pennsylvania Department of Education.
(4)
Compressors shall be located within a completely enclosed building.
During periods of normal operations, doors, windows and similar operations
shall remain closed. Only electric powered compressors may be utilized.
(5)
Oil and gas compressor stations noise levels shall be equal to or
less than 60dBA at the property line for the oil and gas compressor
station's site and all adjoining properties. If the Township receives
complaints regarding the noise, the Township may require acoustical
blankets, sound walls, mufflers or other alternative barriers to be
provided and installed by applicant to ensure a 55dBA noise level
at any adjacent residential dwelling.
(6)
The applicant must provide the Township with the ESCGP - 2 Plan and
a postconstruction stormwater management plan prepared by a licensed
professional (e.g., engineer, surveyor, geologist or landscape architect)
who is registered in the Commonwealth of Pennsylvania.
(8)
The operator shall provide all material safety data sheets (MSDSs)
for all materials produced, stored or distributed on site to the Township
Emergency Management Coordinator a minimum of 30 days prior to their
use.
(9)
The operators shall provide a site orientation for Township's emergency
first responders regarding operations, equipment and chemicals present
at the facility.
(10)
The operator shall provide and keep updated a prioritized call
list with names, emails, addresses, and phone numbers for twenty-four-hour
emergency contact.
(11)
Tracking of mud, dirt and debris onto Township roads shall not
occur. In the event of such occurrence, measures shall be taken to
clean any mud, dirt and debris from Township roads immediately upon
notification.
(12)
The operator shall demonstrate continued compliance with all
applicable state and federal permits and regulations.
(13)
No person shall place, deposit, discharge or cause to be placed,
deposited or discharged any oil, petroleum, asphalt, tar, hydrocarbon
substance or any refuse including wastewater or brine from any oil
and gas compressor or treatment facility or the contents of any container
used in connection with any oil and gas compressor station into, or
upon any public right-of-way, alley, street, lot, storm drain, ditch
or sewer, sanitary drain, lake, pond, creek or similar body of water
or any private property without permits from the appropriate regulatory
agencies.
(14)
The site shall be secured by a minimum eight-foot-high chain
link fence with a locking gate that shall be kept locked when employees
are not on the premises.
(15)
Lighting on the site shall be directed downwards and shielded
so as to avoid glare on public roads and adjacent properties.
(16)
Compressor stations shall have adequate area improved with a
dust-free all-weather surface which shall be provided on the site
for parking maintenance vehicles during routine visits.
(17)
Operators shall take any and all appropriate measures and efforts
to control and to curtail dust emanating from the site.
I.
Natural gas processing plant - I District.
[Added 12-11-2017 by Ord.
No. 163]
(1)
The minimum site required for a natural gas processing facility shall
be 15 acres.
(2)
All principal buildings and accessory structures shall be set back
at least 100 feet from any property line that abuts a property in
the I District. All principal buildings and accessory structures shall
be set back at least 500 feet from any property line that adjoins
any other zoning district.
(3)
Natural gas processing plant noise levels shall be equal to or less
than 60dBA at the property line for the oil and gas compressor station's
site and all adjoining properties. If the Township receives complaints
regarding the noise, the Township may require acoustical blankets,
sound walls, mufflers or other alternative barriers to be provided
and installed by applicant to ensure a 55dBA noise level at any adjacent
residential dwelling.
(4)
The applicant must provide the Township with the ESCGP - 2 Plan and
a postconstruction stormwater management plan prepared by a licensed
professional (e.g., engineer, surveyor, geologist or landscape architect)
who is registered in the Commonwealth of Pennsylvania.
(6)
The operator shall provide all material safety data sheets (MSDSs)
for all materials produced, stored or distributed on site to the Township
Emergency Management Coordinator a minimum of 30 days prior to their
use.
(7)
The operators shall provide a site orientation for Township's emergency
first responders regarding operations, equipment and chemicals present
at the facility.
(8)
The operator shall provide and keep updated a prioritized call list
with names, emails, addresses, and phone numbers for twenty-four-hour
emergency contact.
(9)
Tracking of mud, dirt and debris onto Township roads shall not occur.
In the event of such occurrence, measures shall be taken to clean
any mud, dirt and debris from Township roads immediately upon notification.
(10)
The operator shall demonstrate continued compliance with all
applicable state and federal permits and regulations.
(11)
No person shall place, deposit, discharge or cause to be placed,
deposited or discharged any oil, petroleum, asphalt, tar, hydrocarbon
substance or any refuse including wastewater or brine from any natural
gas processing plant or treatment facility or the contents of any
container used in connection with any oil and gas compressor station
into, or upon any public right-of-way, alley, street, lot, storm drain,
ditch or sewer, sanitary drain, lake, pond, creek or similar body
of water or any private property without permits from the appropriate
regulatory agencies.
(12)
The site shall be secured by a minimum eight-foot-high chain
link fence with a locking gate that shall be kept locked when employees
are not on the premises.
(13)
Lighting on the site shall be directed downwards and shielded
so as to avoid glare on public roads and adjacent properties.
