Township of Ferguson, PA Part 5 CONDITIONAL USES/SPECIAL EXCEPTIONS

§ 27-501 General Provisions.

[Ord. No. 1049, 11/18/2019]

All conditional uses shall be reviewed with the standards and criteria of this chapter. In granting a conditional use, the Township Supervisors may attach such reasonable conditions and safeguards as necessary to implement the purposes of this article and the Pennsylvania MPC.

§ 27-502 Standards for Specific Uses.

[Ord. No. 1049, 11/18/2019; Ord. No. 1076, 3/15/2022; Ord. No. 1104, 11/19/2024]

1. Adult Business Use.

A. Procedures. A conditional use permit for an adult business use shall be issued by the Board of Supervisors provided that the following specific conditions are met:

(1) Applications for a conditional use permit for an adult business use shall be submitted to the Township Manager at least 20 days prior to the next regular meeting of the Board of Supervisors. At that meeting, the Board of Supervisors shall receive the application and all information required by this subsection. The Board of Supervisors shall refer such information to the Ferguson Township Planning Commission for its review before taking action on the conditional use permit application.

(2) Upon receipt of an application for an adult business conditional use permit, the Board of Supervisors shall establish the date, time and place for a public hearing on the application. Notice of the public hearing shall be advertised to the public in accordance with applicable law. The notice shall describe the proposal in general terms. In addition to the public hearing notice, a written notice shall be mailed to the owners of all property within 200 feet of the site proposed for the adult business use. Such public hearing shall be held no later than 60 days following the meeting at which the Board of Supervisors receives such application.

(3) The Planning Commission shall review the application at its next regular meeting following the receipt of the application from the Board of Supervisors. Within seven days of such review, the Planning Commission shall submit a written report to the Board of Supervisors on its findings regarding the conformity of the adult business conditional use permit application with the requirements of this and other applicable chapter sections.

(4) At the first regular or special meeting of the Board of Supervisors subsequent to the occurrence of the public hearing, the Board of Supervisors shall take action on such application. The Board of Supervisors may approve the conditional use permit subject to specific conditions or changes, or may disapprove the conditional use permit with a specific list of reasons for such disapproval. Written notification of the action of the Board of Supervisors, with reasons therefor, shall be mailed to the applicant by the Township Secretary within five days of action by the Board of Supervisors.

(5) All applications for an adult business use conditional use permit shall be accompanied by a land development plan. The minimum information required on the land development plan shall include, in addition to the requirements of Chapter 22, the Township's Subdivision and Land Development Ordinance:

(a) The adult business use intended.

(b) The location and elevations of all buildings.

(c) Off-street parking areas and traffic circulation patterns.

(d) All signs, displays and advertising, including locations.

B. Other Requirements.

(1) All storage and displays shall be located within the building.

(2) All business transactions on the premises shall be conducted within the building.

(3) No exterior changes, excluding maintenance, to a building proposed to be used for an adult business use shall be made without the approval of the Board of Supervisors. In no case shall the opaque covering of display windows be permitted.

(4) All new construction shall be in keeping with the scale and architectural styles of the buildings surrounding the site proposed for an adult business use.

(5) Not more than one type of adult business use, as defined herein, may operate on any lot.

(6) Advertisements, displays or other promotional materials of specified sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from the exterior of the building.

(7) No openings are permitted through walls that separate private viewing booths.

C. Signs and Other Visible Messages. In addition to the regulations of the Township Sign Ordinance (Chapter 19) and applicable state laws, the following shall apply to all adult business uses:

(1) Sign messages shall be limited to written descriptions of material or services available on the premises.

(2) Sign messages may not include any graphic or pictorial depiction of material related to specific sexual activities or specified anatomical areas.

D. Locational Requirements.

(1) No adult business use shall be located within 1,000 feet of any other existing adult business use measured from the nearest point of the property on which the use is to be located to the nearest point of the parcel or property from which the use is to be separated.

(2) No adult business use shall be located within 1,000 feet of any lot on which the following uses are located as measured from the nearest point of the property on which the adult business use is to be located to the nearest point of the parcel or property from which said use is to be separated:

(a) Any stand-alone residential structure (excludes commercial buildings with accessory residential units).

(b) Churches, monasteries, chapels, synagogues, convents or rectories or any other place of worship.

(c) Schools, up to and including the twelfth grade, day-care centers, and their associated play areas.

(d) Public or private playgrounds, parks, swimming pools and libraries.

(e) Premises licensed to sell alcoholic beverages.

(3) In addition, no adult business shall be located within 1,000 feet of lots which are owned by a school, place of worship or public agency, as measured from the nearest point of the property on which the adult business use is to be located to the nearest point of the parcel or property from which the use is to be separated.

E. Landscaping. A buffer yard shall be required between any adult business use and adjacent land uses. In addition, the Township's Corridor Overlay District requirements shall apply where applicable.

F. Statement of Ownership. Applications for a conditional use permit for an adult business use shall include a statement providing specific information on each individual, partner, limited partner, corporate officer, corporate stockholder owning more than 3% of the issued and outstanding stock of a corporate applicant, or corporate director comprising the applicant as follows:

(1) Name, residence address and social security number.

G. Termination or Modification of Conditional Use Permit.

(1) When a conditional use permit for an adult business use is authorized by the Board of Supervisors, the continuation of such use shall be dependent upon the conditions established under the permit and this chapter. In the event of a change of conditions or noncompliance with conditions, the Board of Supervisors and the Township Zoning Administrator shall have the responsibility and right to terminate or revoke the conditional use permit.

(2) A conditional use permit may be modified subject to the criteria and procedures established in this chapter.

2. Agriculture.

A. On lots less than five acres, the scale of activities and production shall be residentially oriented.

3. Agriculture-Related Production.

A. On lots less than five acres, the scale of activities and production shall be residentially oriented.

4. All Other Commercial and Industrial Uses. A use not expressly listed in §§ 27-205.1 through 27-205.15 may be considered for a conditional use application upon review and determination that the applicant's demonstration of the proposed use meets the following requirements:

A. Impacts the neighborhood and adjacent streets, circulation and lots equal to or less than any use specifically listed in the zoning district. In making such determination, the following characteristics shall be considered:

(1) The number of employees.

(2) The floor area of the building, gross area of the lot and/or scale of development in devoted to the proposed use.

(3) The type of products, materials, equipment and/or processes involved in the proposed use.

(4) The magnitude of walk-in trade.

(5) The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of this chapter.

(6) The hours of operation.

(7) The extent of pervious and impervious surfaces in relationship to that currently present on adjacent lots and the overall block in which development, infill, reuse and/or redevelopment is proposed.

B. Elevations and site plans must be provided with the application.

C. Will not endanger the public health and safety if located where proposed and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.

D. Is in general conformity and harmony with the area in which it is proposed.

E. Complies with any applicable standards and criteria specified in this section for the most nearly comparable conditional uses or specifically listed in the zoning district in which it is proposed and is in compliance with all other standards of this chapter and all other applicable Township ordinances.

5. Bed-and-breakfast.

A. A minimum of four rooms shall be offered as part of this use.

6. Camping Grounds.

A. Camping grounds shall meet all requirements of 28 Pa. Code § 19, Organized Camps and Campgrounds, including but not limited to those requirements related to water supplies, plumbing, toilet facilities, sewage disposal, garage disposal, vector control, maintenance, and permitting from the Pennsylvania Department of Health.

B. The following conditions shall also apply:

(1) The minimum lot area for the entire camping ground shall be 10 acres.

(2) The minimum lot area for a campsite intended for a tent, camper, trailer or recreational vehicle shall be 2,400 square feet.

(3) No more than 12 campsites per acre are permitted.

(4) No camper, trailer, tent or recreational vehicle may be placed permanently on the site. The maximum length of time that a camper, trailer, tent or recreational vehicle and any associated guests may stay at a camping ground shall be 30 days in any ninety-day period of time.

(5) On-site administration and security must be provided.

(6) Landscape screening must be provided to screen the campground from adjacent noncompatible uses as defined by the Board of Supervisors.

(7) A plan which identifies the original vegetative cover to remain shall be approved by the Board of Supervisors.

(8) Access must be provided from a public collector road.

(9) An internal road circulation plan shall be approved by the Board of Supervisors.

(10) Appropriate fire-prevention measures must be provided.

(11) All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.

(12) The Board of Supervisors must approve all recreational facilities on site.

7. Cigar, Hookah, and/or Vapor Lounge.

A. Daily hours of operation shall be a maximum of 10:00 a.m. to 11:00 p.m.

B. All lounge activities shall take place indoors.

C. The land use shall be a minimum of 500 feet from the following:

(1) Schools or day cares.

(2) Parks or recreation facilities.

(3) Places of assembly.

(4) Another cigar, hookah, and/or vapor lounge.

(5) Adult business use.

(6) Archery and shooting ranges, indoor and/or outdoor.

8. Commercial Hunting Preserve.

A. All shooting activities shall take place at a minimum of 1,000 feet from any occupied structure. This dimension may be reduced to 600 feet for any commercial hunting preserve restricted to archery use.

B. Firearms shall not be stored on the premises or otherwise left unattended.

C. Each preserve shall have a clear and concise safety plan.

D. Minors shall not be allowed on the preserve unless accompanied by an adult at all times.

9. Convenience Food Stores.

A. If gasoline/fuel and/or energy recharge units are provided, they shall be located to the side and or rear to the principal structure on the lot.

10. Country Club.

A. The site is located within the Regional Growth Boundary.

11. Essential Services.

A. An ambient sound-level study has been provided and the ambient sound level at all points along the boundary line of the property upon which the essential service is located shall be no more than 55 decibels (dbA).

B. All items used for essential service shall be stored within the essential service structure or a separate storage building. This restriction does not include items necessary for the operation of the plant which includes, but is not limited to, emergency generators, fuel tanks, drying beds, sedimentation basins, etc.

C. Odor control mitigation shall be implemented for sanitary sewer applications.

D. A land development plan shall be prepared in accordance with Chapter 22, the Township's Subdivision and Land Development Ordinance.

E. An elevation drawing of any structure to be constructed on the premises shall be provided.

F. A landscape buffer in accordance with § 27-707 shall be provided between any on-site buildings and the property line. The adjacent buffer is to screen on-site buildings from adjacent properties. A landscaping plan shall be submitted and approved by the Board of Supervisors as a condition of its approval.

G. A minimum 400-foot setback zone from all adjacent property lines shall be provided on the lot where a potable water well is located. The minimum 400-foot setback zone shall be measured from the nearest wellhead to the adjacent property line. Parkland, state game lands and state forest may be included within the 400-foot setback zone as a conditional use approved by the Board of Supervisors. In the case of state-owned property, approval of the appropriate state agency shall be required.

H. An erosion and sediment control plan shall be prepared and approved.

I. A plan describing the method to be used to handle the water runoff from well pumping testing shall be submitted to the Township for review. The Township may engage the services of a consultant to review the plan and fees charged by said consultant for review shall be paid for by the applicant.

J. The Board may also consider placing limitations on signage, access, parking, lighting, and structure height.

K. Any other conditions the Board of Supervisors may desire to consider.

L. The minimum lot size shall be 1/2 acre for essential services Type 1 and one acre for essential services Type 2.

M. Minimum yard setbacks shall be as follows:

(1) Rear yard setback: 25 feet for essential services Type 1; 50 feet for essential services Type 2.

(2) Front yard setback: 25 feet for essential services Type 1; 50 feet for essential services Type 2.

(3) Side yard setback: 25 feet for essential services Type 1; 50 feet for essential services Type 2.

N. Maximum building coverage: 50%.

O. Maximum impervious coverage: 75%.

12. Family Child-Care Homes.

A. Principal use: not applicable.

B. As an accessory land use, the following conditions shall apply:

(1) The family child-care home shall comply with all licensing requirements of the Commonwealth of Pennsylvania.

(2) No structural changes are permitted which will alter the exterior character of the single-family residence.

(3) A nonfee zoning permit is required for this accessory use.

(4) A minimum area equivalent to three parking spaces shall be available for the use of parking on the lot.

(5) In the RR and RA zoning districts, a minimum gravel area equivalent to three parking spaces shall be available for the use of parking on the lot.

13. Farm Cafes.

A. As a principal land use, the following conditions shall apply:

(1) Circulation and lot access shall be designed to minimize conflict with typical traffic conditions of adjacent right-of-way.

B. As an accessory land use the following conditions shall apply:

(1) A minimum area equivalent to three parking spaces shall be available for the use of parking on the lot.

C. The total gross floor area specific to the farm cafe use shall not exceed 2,500 square feet. This provision shall apply to the entirety of the farm cafe in the case of a freestanding structure or, in the case of an attached structure, the portion of the structure that shall be used for the farm cafe.

D. The minimum lot size shall be the same as the minimum lot size for the principal use of the property with the exception of nonconforming lots. In the case of nonconforming lots, the minimum lot size shall be the size of the lot, provided the other requirements of this section can be met.

E. No structure within the facility shall exceed 40 feet in height.

F. To reduce traffic impacts, only on-site and takeout is permitted. No drive-through service is permitted.

G. Outdoor lighting shall be permitted in accordance with the Township Lighting Ordinance (Chapter 4, Part 1, of the Township Code of Ordinances).

(1) No event lighting or loudspeaker system is permitted to be installed or used on the site.

H. Front, side, and rear setbacks shall be a minimum of 50 feet.

I. Signage shall be permitted in accordance with the Township's sign regulations (Chapter 19 of the Township Code of Ordinances).

J. Adequate parking to accommodate the use shall be provided on-site according to the parking standards for eating and drinking establishments. A parking study submitted for review by the Township may suffice as justification for a number of parking spaces smaller than Township ordinance requirements.

(1) Gravel parking lots with bumper blocks shall be allowed until such time as the required parking exceeds 25 parking spaces. At such time, all parking spaces shall be paved.

(2) Handicapped parking spaces shall comply with ADA standards.

K. Retail sales shall be limited to agricultural products produced in whole or in part within Region 5 as defined by the Pennsylvania Department of Agriculture, including, but not limited to, canned or jarred fruits and vegetables and frozen meats. Retail sales shall only be permitted under this section in conjunction with an eating establishment that is provided in accordance with the definition of farm cafe.

L. The farm associated with the farm cafe must be an active agriculture operation, as defined in § 27-1102, as the purpose of the farm cafe is to serve primarily local and regional foods in support of sustaining local agriculture.

M. The farm cafe conditional use need not be subordinate to the agriculture operation in terms utilized.

N. All sites with an on-site septic system must be inspected by the Township's Sewage Enforcement Officer to assure compliance with the Pennsylvania Sewage Facilities Act 537, as amended.[1]

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

O. All applications for a farm cafe conditional use permit shall be accompanied by a land development plan prepared in accordance with the provisions of Chapter 22, the Township's Subdivision and Land Development Ordinance.

P. The site shall be subject to all code requirements in Chapter 5 of the Township Code of Ordinances.

14. Farm Markets.

A. As a principal land use, the following conditions shall apply:

(1) The market shall be open no more than 12 hours per day.

(2) Up to three food trucks at any one time may be parked in the parking area to serve prepared food to patrons.

(3) The market shall comply with noise standards contained in the Township's Noise Ordinance (Chapter 10, Part 3).

B. As an accessory land use, the following conditions shall apply:

(1) A minimum gravel area equivalent to three parking spaces shall be available for the use of parking on the lot.

(2) The market shall be open no more than 12 hours per day.

15. Farm Stands.

A. Principal use: not applicable.

B. As an accessory land use the following conditions shall apply:

(1) A minimum gravel area equivalent to three parking spaces shall be available for the use of parking on the lot.

(2) The stand shall be open no more than 12 hours per day.

16. Farm Structures, Nontraditional-Scale.

A. Principal use: not applicable.

B. As an accessory land use the following conditions shall apply:

(1) A plan for stormwater, in compliance with Chapter 26.

(2) Any outdoor lighting shall be in compliance with Chapter 4, Lighting.

17. Golf Courses, Conventional or Special.

A. The site is located within the Regional Growth Boundary.

B. All applications for a conditional use permit shall be accompanied by a land development plan prepared in conformance with the provisions of Chapter 22, the Township's Subdivision and Land Development Ordinance.

C. All lighting must conform to the standards of Chapter 4, Part 1, of the Township Code of Ordinances.

D. Development of the site shall be subject to the setbacks and impervious coverage standards of the RA Zone.

E. All applications shall conform with the provisions of Chapter 26 of the Township Code of Ordinances.

F. All buildings shall be set back 75 feet from any adjoining roads and 100 feet from adjoining residential structures or parcels.

G. In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, or driveway.

H. The site shall be subject to all code requirements in Chapter 5 of the Township Code of Ordinances.

I. Golf courses may include the following uses, provided such uses are reasonably sized and located so as to provide incidental service to the golf course users and employees:

(1) Clubhouse, which may include:

(a) Restaurant, snack bar, or lounge.

(b) Locker and restrooms; classrooms; and instructional space.

(c) Pro shop.

(d) Administrative offices.

(e) Golf cart and maintenance equipment storage and service facilities.

(f) Fitness and health equipment, including workout machines, whirlpools, saunas, and steam rooms.

(2) Freestanding maintenance equipment and supply buildings, storage yards, locker rooms and/or team meeting facilities.

(3) Accessory amenities located outside of the clubhouse, including:

(a) Driving range.

(b) Practice putting green.

(c) Picnic tables, pavilions and park benches.

(d) Snack shacks.

18. Group Child-Care Homes.

A. Principal use: not applicable.

B. As an accessory land use the following conditions shall apply:

(1) The group child-care home shall comply with all licensing requirements of the Commonwealth of Pennsylvania.

(2) A zoning permit shall be obtained from the Ferguson Township Zoning Administrator. The zoning permit shall be accompanied by a sketch plan which identifies parking, outdoor play area and access.

(3) The area designated as the outdoor play area shall be enclosed with a minimum four-foot-high fence.

(4) One additional off-street parking space shall be provided for each employee as required by the Commonwealth of Pennsylvania.

(5) No structural changes are permitted which will alter the exterior character of the single-family residence.

(6) Residences located on arterial streets must provide a dropoff/pickup area designed to prevent vehicles from backing onto the arterial roadway.

(7) The home shall comply with noise standards contained in the Township's Noise Ordinance (Chapter 10, Part 3).

(8) A minimum area equivalent to three parking spaces shall be available for the use of parking on the lot.

(9) In the RR and RA Zoning Districts, a minimum gravel area equivalent to three parking spaces shall be available for the use of parking on the lot.

19. Incinerators (Nonagricultural).

A. The act of incineration within the FG district shall be conducted by the Commonwealth of Pennsylvania.

B. A plan of operations shall be submitted to the Township Department of Public Safety and an inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids stored and/or used on site shall be available upon request.

20. Kennels.

A. Must be operated in compliance with all applicable ordinances, laws and regulations including but not limited to the Pennsylvania Dog Law.[2]

[2] Editor's Note: See 3 P.S. § 459-101 et seq.

B. All outside areas used for exercise shall be securely fenced.

C. Satisfactory evidence must be presented to indicate that adequate storage and disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

D. Evidence of adequate water supply and wastewater disposal must be provided by the applicant.

21. Landscape and Garden Center, Nonretail.

A. The minimum acreage shall be five acres.

B. No sales shall be permissible on the lot.

C. The use shall be subject to the Township's standard land development requirements.

22. Manufacturing, Processing or Bulk Storage of Natural Gas.

A. The use shall meet the applicable outdoor storage control provisions in § 27-704.

B. The use shall meet applicable standards for firesafety from the National Fire Protection Association and applicable federal, state, and local authorities.

C. An emergency response plan should be submitted annually for approval by the Fire Chief.

23. Mining and Quarrying.

A. Specific Intent. It is the purpose of this subsection to allow surface mining and its related processing procedures in rural districts by conditional use.

B. Permits.

(1) Use of land for surface mining in the rural districts shall be permitted as a conditional use, provided the Board of Supervisors determines in each instance that the proposed location will offer reasonable protection to the neighborhood in which the mining operation will occur against possible detrimental effects of the surface mining operations, taking into consideration the physical relationship of the proposed mining site to surrounding properties and permitted land uses, access to the site from public roads, streets and other public rights-of-way that must be traveled in removing minerals from the site and the effect of the mining operations on the public water supply. In granting a use permit under this provision, the Board of Supervisors may impose such conditions upon the location of the mining operation as are shown to be necessary and appropriate to protect the public health, safety and welfare. No permit granted under this provision shall be valid unless the mine operator also has secured a valid permit to conduct surface mining operations from the appropriate state or federal agency having regulatory authority over the conduct of surface mining operations.

(2) The Board of Supervisors shall forward one copy of all applications for a conditional use for surface mining to the Ferguson Township Planning Commission immediately upon receipt for review and comment by that agency on all aspects of the application as they relate to the purposes and requirements of this chapter. The Ferguson Township Planning Commission shall prepare a report on the application within 30 days of the receipt of the application, which report shall be presented to the Board of Supervisors by an authorized representative of the Ferguson Township Planning Commission during the public hearing held on the application for a conditional use. Copies of the report shall be made available to any party to the proceeding before the Board at a reasonable cost for duplication or reproduction.

C. Application.

(1) Application for a conditional use approval from the Board of Supervisors shall include a duplicate copy of the application the company made to Pennsylvania Department of Environmental Protection in accordance with the Surface Mining Conservation and Reclamation Act of 1971.[3]

[3] Editor's Note: See 52 P.S. § 1396.1 et seq.

D. Limitations.

(1) The minimum acreage shall be 20 acres.

(2) No surface mining shall be conducted closer than 100 feet of any public right-of-way or within 300 feet of any property line.

(3) Edges of stockpiles of excavated materials shall not be located closer than 300 feet to the property line, and all reasonable precaution shall be taken to prevent any material or waste deposited upon any stockpile from being transferred off the premises by wind, water or other natural cause.

(4) Fencing. A six-foot fence that completely encloses the portion of the property that includes the open pit area, high wall, water pool or spoilbank and culm bank (as those terms are defined in the Surface Mining Conservation and Reclamation Act[4]) shall be provided and shall be constructed as to have openings no larger than six inches and, if pickets are used, the openings shall not exceed six inches.

[4] Editor's Note: See 52 P.S. § 1396.1 et seq.

24. Model Homes.

A. A model home shall not be used for residential purposes during the period of time when it is used to model the type(s) of residential structures being offered for sale by the developer.

B. The purpose of a model home is to display the exterior and interior of a typical residential structure, and to display the developer's/builder's options offered in the residential structures to be built in the same residential development/subdivision as the model home.

25. Parks and Outdoor Recreation Facilities (Private).

A. All pools, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.

B. Coverage, including structures, parking lots, and buildings, shall not exceed 50% of the lot.

C. The facility area and lot boundaries shall be landscaped as required by the Township to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.

D. All structures shall not be less than 100 feet from any lot line, and no less than 200 feet from the nearest house.

E. All parking shall be a minimum of 25 feet from any residential lot line. Gravel parking lots with bumper blocks shall be allowed until such time as the required parking exceeds 25 parking spaces. At such time, all parking spaces shall be paved. Handicapped parking spaces shall comply with ADA standards.

F. All facilities shall abut a public road and have a permanent access thereto.

G. Alcoholic beverages without a Pennsylvania Liquor Control Board license, amplified music, and jukeboxes shall be prohibited on the premises.

H. No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

I. All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present, and shall be constructed in accordance with all applicable state requirements.

J. Tennis courts shall be protected by a permanent fence 10 feet in height behind each baseline extending 10 feet beyond the playing area in each direction.

K. The landowner and/or developer shall demonstrate the proposal will be compatible with the neighborhood and not adversely affect an adjoining lot.

L. The amount of new traffic generated shall not have a detrimental impact on the neighborhood.

M. Plans shall clearly show ingress-egress facilities and provide proper sight visibility for motorists.

N. Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods. The Township may limit hours within this time frame based on the use and location of the facility. Operating hours for the purpose of this section shall mean the period of time that the recreational or athletic activity is occurring.

26. Pet Care Services Facility. As a principal land use, the following conditions shall apply:

A. The pet care service facility must be operated in compliance with all applicable ordinances, laws and regulations, including but not limited to the Pennsylvania Dog Law,[5] § 27-206 through § 27-211, in compliance with a kennel Class C I license.

[5] Editor's Note: See 3 P.S. § 459-101 et seq.

B. Applicants must provide written operating procedures such as those recommended by the American Boarding and Kennel Association (ABKA) or the American Kennel Club (AKC). These must address the identification and correction of animal behavior that has the potential to impact surrounding use, including excessive barking.

C. Pet care service facilities shall provide a minimum of 75 square feet of floor area for each animal, exclusive of office and support areas.

D. A minimum staff to dog ratio of 1:12 shall be maintained (no more than 12 dogs per one staff member).

E. An acoustical analysis of the proposed use shall be performed and prepared under the supervision of a person experienced in the field of acoustical engineering. Ferguson Township shall contract a person in the field of acoustical engineering to review the acoustical analysis for compliance with this section of the ordinance and participate in inspections of the site prior to opening. All Township expenses borne by the acoustical engineering review shall be paid by the applicant. The acoustical analysis shall evaluate existing and projected noise levels, noise attenuation measures to be applied, and the noise insulation effectiveness to eliminate animal noise from reaching adjacent properties and neighborhoods. This is to ensure that any noise impacts to sensitive uses are adequately mitigated. The specific noise attenuation provisions identified in the analysis (padded walls, acoustical panels, etc.) shall be indicated on the construction drawings prior to the issuance of any permits. The person preparing the report shall, under the direction of a person experienced in the field of acoustical engineering, perform an inspection of the site prior to the opening of the business to the public to ensure that noise attenuation measures are implemented as recommended by the acoustical expert. A final occupancy or building inspection for the proposed use shall not be issued until this condition of approval is satisfied.

F. Signs shall be posted instructing dog owners to keep dogs on leashes and other domestic pets with carriers until they are inside the facility to assist with animal control measures in the pickup and dropoff area.

G. Outdoor areas shall provide a minimum of 500 square feet of fenced space. Outside areas must include access to shade and must be enclosed and gated. Animals will always be supervised outdoors and shall be allowed between the hours of 7:00 a.m. and 7:00 p.m. A maximum of five dogs shall occupy the outdoor exercise and run at any time between these hours.

H. Fencing surrounding exercise areas and/or runs shall be of a sufficient height to prevent escape and shall be buried as part of installation to prevent escape by digging beneath the fences.

I. All animal quarters and runs are to be kept in a clean, dry and sanitary condition.

J. Hours of operation and dog pickup and dropoff are limited to those between 7:00 a.m. and 7:00 p.m. Overnight boarding shall be allowed in designated areas on the premise with the requirement that a staff member be on-site during overnight hours. The overnight boarding area within the establishment shall not exceed 50% of the total gross floor area of the business.

K. No unlicensed animals shall be accepted into the facility. Pet owners shall provide the owners of the pet care service facilities an individual pet record of all vaccinations.

L. Animal waste shall be picked up from the outdoor portion of the property daily. Storage of animal waste shall utilize airtight containers or in-ground, septic-style digesters. Applicants for pet care service facilities shall acquire all necessary DEP permitting for in-ground style waste disposal facilities.

M. Any portion of the site that abuts residentially occupied property or the side or rear yard area that contains outdoor areas must provide a six-foot sound-buffering landscape screen and/or fencing.

N. The retail sale of pet products and food shall not exceed 25% of the total gross floor area of the business.

O. The minimum lot size shall be 0.5 acres within the General Commercial District, 0.75 acres within the IRD District and 1.0 acre within the RA and RR Districts.

27. Places of Assembly.

A. The criteria for conditional approval of a place of assembly are as follows:

(1) Submission and approval of a land development plan and traffic impact study per the requirements established in Chapter 22, the Township's Subdivision and Land Development Ordinance.

(2) All activity subject to the Township's Noise Ordinance (Chapter 10, Part 3).

(3) All lighting subject to the illumination standards of Chapter 4, Part 1.

(4) Primary or accessory uses that are not enclosed shall be limited to operating from dawn to dusk; exceptions may be made for organized activities that are held in outdoor areas with approved lighting.

(5) Impervious coverage limited to 30%, except the IRD Zoning District.

(a) Use of impervious material for parking is encouraged. Material must be approved by the Township Engineer.

(b) The design of permanent stormwater facilities to allow for recreational activities must be approved by the Township Engineer.

(6) Buffering of any accessory use within the boundary of the site shall not be required; however, landscaping shall be used to delineate the boundaries of the site from adjacent uses in separate ownership and all landscaping required within parking areas shall be provided.

(7) All signs, other than directional signage shall be located on site. The use of temporary event signage must be approved by the Zoning Administrator:

(a) Any requests for on-site signage beyond that which identifies the principal use of the site or any that is approved as part of the land development plan shall be considered for approval at the sole discretion of the Board of Supervisors. Such consideration may include a review of size, location, material, and illumination.

(8) Any other conditions that the Board determines are necessary to address the impacts associated with the specific use or the specific site.

(9) No public sewer service will be provided to places of assembly that are outside of the RGB/SSA.

(10) To align with the impacts of natural resource demands, within the RA and RR Districts, any structure shall be limited to an occupancy of 250 occupants.

(11) Places of assembly in the Light, Industry, Research and Development (IRD) Zoning District shall require:

(a) A detailed site plan showing the location of all existing and proposed buildings, parking areas, access points, and landscaping.

(b) A description of the proposed use, including the maximum number of occupants, hours of operation, anticipated special events and planned accessory uses.

(c) That primary or accessory uses which are not enclosed shall be limited to operating from dawn to dusk.

(d) That impervious coverage not exceed 60%.

(e) That accessory uses in the IRD are limited to:

1) Child care;

2) Kindergarten/elementary/secondary or nursery school;

3) Indoor/outdoor sports or recreation facilities;

4) Camp or retreat area;

5) Banquet hall;

6) Community center;

7) Art gallery;

8) Retail sales;

9) Eating and drinking establishment;

10) Parking structure or any combination of such.

28. Potable Water Pump Station Facilities. Potable water pump station facilities shall be permitted as a conditional use if the following standards and criteria are met:

A. An ambient sound-level study is provided and the ambient sound level at all points along the boundary line of the property upon which the water production facility is located shall be no more than 55 decibels (dBA).

B. A land development plan shall be prepared in accordance with the Township Chapter 22 Subdivision and Land Development Ordinance. An elevation drawing of any structure to be constructed on the property shall be provided as part of the land development plan.

C. A landscape buffer in accordance with buffer yard regulations shall be provided between on-site buildings and the property line.

D. An erosion and sediment control (ESC) plan shall be prepared and approved.

29. Schools, Public or Private.

A. All outdoor play areas shall be completely enclosed by a fence or wall with a minimum height of four feet and screened by an evergreen planting which shall reach a height of at least six feet within five years of planting.

B. The required side yard and rear yard setbacks for a school shall be doubled for any portion of the school that is used for public assembly, whether indoor or outdoor. A school shall be considered as being used for public assembly if it possesses bleachers, permanent seating for viewing events or a cafeteria.

C. There shall be no outside storage materials, equipment or machinery used in the training activities.

D. Vehicular access to a school building shall be via either an arterial or collector street. Vehicular access to a school building via a local street shall be prohibited, except and only to the extent necessary to provide access for handicapped individuals or secondary emergency access.

E. A traffic study shall be submitted with the application. The traffic study shall address and mitigate any adverse impact occasioned by:

(1) Proposed changes in parking and traffic circulation on the site and into and out of the site; and

(2) Proposed trip generation, parking and traffic circulation compared with those features of the school when it was operational; and

(3) Comparative impact on the adjacent streets and surrounding development or the proposed use and the former school use.

F. Any exterior lighting proposed for a building or parking area in a zoning district shall be of low intensity and shall be shielded so that the source of the lighting is not visible. The maximum intensity measured on the ground or surface of the parking area shall be two footcandles. Food lighting or similar lighting shall not be permitted.

30. Solar Energy Systems.

A. Principal Solar Energy Systems (PSES) constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to any existing PSES, whether or not existing prior to the effective date of this section that expands the PSES shall require approval under this chapter. Routine maintenance or replacements do not require a permit.

B. The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL) or other similar certifying organizations, and shall comply with municipality's building code and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

C. All on-site utility transmission lines and plumbing shall be placed underground to the greatest extent feasible.

D. The owner of a PSES shall provide the Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection. The owner shall provide a copy of the final inspection report or other final approval from the utility company to the Township prior to the issuance of a certificate of use and occupancy for the PSES.

E. If a PSES is being used as an accessory use for commercial/industrial activity on another property, then the municipality shall be informed of the intent of the PSES.

F. Signage shall comply with the prevailing sign regulations.

G. All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.

H. All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.

I. Minimum Lot Size.

(1) The PSES shall meet the lot size requirements of the applicable zoning district.

J. Setbacks.

(1) The PSES shall comply with the setbacks of the applicable zoning districts.

(2) If located adjacent to a residential district, the PSES shall have an increased setback of 100 linear feet.

(3) PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

K. Height.

(1) Ground-mounted PSES shall comply with the building height restrictions of the applicable zoning district.

L. Impervious Coverage.

(1) The following components of a PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the underlying zoning district:

(a) Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

(b) All mechanical equipment of PSES including any structure for batteries or storage cells.

(c) Gravel of paved access roads servicing the PSES.

M. Stormwater.

(1) The applicant shall submit a stormwater management plan that demonstrates stormwater from the PSES will infiltrate into the ground beneath the PSES at a rate equal to that of the infiltration rate prior to the placement of the system.

(2) PSES owners are encouraged to use low maintenance and/or low growing vegetative surfaces under the system as a best management practice for stormwater management.

N. Screening.

(1) Ground-mounted PSES shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a fence that provides visual screening and meets requirements of the controlling ordinance may be used.

O. Security.

(1) All ground-mounted PSES shall be completely enclosed by fencing that consists of a minimum eight-foot-high fence with a locking gate, or as designated by the municipality.

(2) A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.

P. Access Drives.

(1) Access drives are required to allow for maintenance and emergency management vehicles and shall have a cartway with a minimum width of 12 feet.

Q. Removal.

(1) If a ground-mounted PSES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system must be graded and reseeded.

31. Storage of passenger vehicle light trucks.

A. Vehicles shall not be stored within the front yard of any lot and/or between the front building facade and the front lot line.

32. Treatment Centers.

A. The applicant shall prove to the satisfaction of the Board of Supervisors that the use will involve adequate on-site supervision and security measures to protect public safety.

B. The Board of Supervisors may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

C. Any such use shall not be located or operated within 500 feet of an existing school, public playground, public park, residential housing district, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed treatment center, and shall be located a minimum of 600 feet from any existing treatment center.

D. No treatment center shall be permitted unless it is certified by and meets all regulations of the appropriate local, county, state and/or federal agencies.

33. Water Production Facilities. Water production facilities in the vicinity of their potable water wells shall be permitted as a conditional use if the following standards and criteria are met:

A. An ambient sound-level study is provided and the ambient sound level at all points along the boundary line of the property upon which the water production facility is located shall be no more than 55 decibels (dBA).

B. A land development plan shall be prepared in accordance with § 22-403 of Ch. 22, Subdivision and Land Development. An elevation drawing of any structure to be constructed on the property shall be provided as part of the land development plan.

C. A landscape buffer in accordance with buffer yard regulations shall be provided between on-site buildings and the property line.

D. An erosion and sediment control (ESC) plan shall be prepared and approved.

E. A laboratory within the water production facility shall be allowable. The scale of the laboratory shall be limited to only the required testing necessary for compliance with Pennsylvania Department of Environmental Protection (DEP) regulations. Storage of chemicals within the laboratory which are to be used for DEP compliance shall be limited to a four-month supply of such chemicals at one time.

F. The minimum lot size shall be five acres.

G. The minimum yard setbacks shall be as follows:

(1) Rear yard setback: 50 feet.

(2) Front yard setback: 50 feet.

(3) Side yard setback: 50 feet.

H. Maximum building coverage: 15% of lot area.

I. Maximum impervious coverage: 50% of lot area.

34. Welding Shops.

A. Principal use: not applicable.

B. As an accessory land use the following conditions shall apply:

(1) All processes associated with welding shall be completed within a minimum of a partially enclosed structure.

35. Wind Energy Systems/Building and Ground-Mounted Wind Systems.

A. The required setback from a residential structure shall equal twice the height of the wind energy conversion system.

B. The required setback from a road shall equal the height of the system plus 50 feet.

36. Storage of Land Clearing Material. Storage of land clearing material shall be permitted as a conditional use if the following standards and criteria are met:

A. The applicant shall complete a land development plan;

B. Paving of access road to the site;

C. The applicant will comply with applicable zoning district regulations for site design;

D. Compliance with Chapter 26, Stormwater Management;

E. Compliance with § 22-510, Erosion and Grading Control;

F. Compliance with § 26-305, Erosion and Sedimentation Requirements; and

G. The proposed use would not store or use hazardous materials on site.