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In addition to the general provisions listed in Article XI, the following sets forth standards that shall be applied to each individual special exception, conditional use, or use permitted by right. These standards must be satisfied prior to approval of any applications for a special exception, conditional use, or use permitted by right. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying district, unless those standards expressed for each special exception, conditional use or use permitted by right, specify different standards. In such cases, the specific special exception, conditional use, or use permitted by right use standards shall apply.
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Within the R-L District, adult-related uses (adult book store,
adult cabaret, adult theater, etc.) are permitted by conditional use,
subject to the following criteria:
A.
It is hereby declared to be unlawful to establish or maintain or
to permit or allow to be established or maintained any adult-related
use within the following zoning districts as now constituted or as
hereinafter created or extended by or under the Mount Holly Springs
Zoning Ordinance. (The designation and description of said districts
under said Zoning Ordinance being incorporated herein by reference
thereto):
B.
Adult-related uses shall not be permitted within 350 feet of the geographical boundary line of any of the zoning districts enumerated in Subsection A immediately above.
C.
Adult-related uses shall not be placed within 1,500 feet of any school
(public, private or parochial), church, day care, synagogue or any
other adult-related use.
D.
The distances provided in this section shall be measured by following
a straight line, without regard to intervening buildings, from the
nearest point of the property parcel upon which the proposed use is
to be located and/or maintained, to the nearest point of the parcel
of property or the zoning district boundary line from which the proposed
land use is to be located and/or maintained.
E.
Any building or structure used and occupied as an adult-related use
shall have an opaque covering over all windows or glass in doors in
any area in which materials, merchandise, or film are exhibited or
displayed, so that no sale materials, merchandise, or film shall be
visible from outside of the building or structure.
F.
No sign shall be erected upon the premises pictorially depicting
or giving a visual representation of the type of materials, merchandise
or film offered therein.
G.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 18 years are not permitted to enter
and warning all other persons that they may be offended upon entry.
H.
No adult-related use may change to another adult-related use, except
upon approval of an additional special exception.
I.
The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate.
J.
No sexual activity or conduct shall be permitted; and
K.
No more than one adult-related use may be located within one building.
L.
No person shall operate an adult entertainment establishment without
first obtaining a use and occupancy or zoning permit as provided in
this chapter and all other applicable permits required by law. The
permit will be reviewed annually for compliance. The Health Officer
and/or Code Enforcement Officer will also perform regular inspections.
Agricultural operations/excluding commercial livestock operations
shall be permitted by right in the R-L District, subject to the following
criteria:
Within the R-L and the G-C Districts, retail sale of agricultural,
plant nursery and garden material are permitted by right, subject
to the following criteria:
A.
The display and sale of items not grown on the property or directly
adjacent properties shall been incidental and accessory use.
B.
All outdoor display areas shall be set back at least 25 feet from
the street right-of-way line.
C.
All structural improvements (including parking and loading facilities,
but not including a freestanding sign) shall be screened from adjoining
land within any residential or village district.
D.
One sign shall be permitted advertising the business. Such sign shall
not exceed six square feet in size.
Within the R-L District, airports/heliports are permitted by
conditional use, subject to the following criteria:
A.
Minimum lot area shall be 30 acres for airports and three acres for
heliports.
B.
The applicant shall submit evidence confirming that the facility
will be constructed, operated, and maintained in accordance with applicable
rules and regulations of the Federal Aviation Administration.
C.
Administration and the Pennsylvania Department of Transportation,
Bureau of Aviation, related to the use of airports and/or heliports.
D.
The applicant shall provide the delineation of the airport or heliport
hazard district to Mount Holly Springs Borough and all adjoining municipalities
with land located within the hazard zone.
E.
All facilities shall not be detrimental to the health, welfare and
safety of Mount Holly Springs Borough residents and their property.
F.
Heliports shall meet the following additional requirements:
(1)
The landing pad shall be at least 80 feet square or a circle
with an eighty-foot diameter. This pad shall be paved, level, and
maintained dirt free. Rooftop pads shall be free of all loose stone
and aggregate.
(2)
At least two approach lanes to each landing pad shall be provided
and maintained free of obstructions and shall be located not less
than 90° apart. Each approach lane shall be located within 45°
left or right of the prevailing winds and shall fan out at an angle
of 10° from the width of the landing pad to a width of 1,000 feet,
and shall have a glide angle slope of 8° to 1°, measured from
the outer edge of the pad.
(3)
The applicant shall furnish evidence of the obtainment of a
license from the Pennsylvania Department of Transportation, Bureau
of Aviation, prior to the approval of the conditional use or special
exception application.
In the V and G-C Districts, amusement arcades shall be permitted
by right, subject to the following criteria:
A.
All activities shall take place within a completely enclosed building;
B.
The applicant shall furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the arcade;
C.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
Within the G-C and R-L Districts, animal hospitals, veterinary
offices and/or kennels shall be permitted by right subject to the
following criteria:
A.
Kennels and/or animal hospitals shall have a minimum lot size in
accordance with the requirements of the zoning district.
B.
All areas used for exercise shall be securely fenced.
C.
All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls or runways shall be a minimum of 25 feet
from all property lines and a minimum of 200 feet from any adjacent
residence whose owner is other than the animal building owner.
D.
Animals shall be permitted to exercise outside daily between the
hours of 8:00 a.m. to 8:00 p.m.
Within the I District, automobile auctions and/or automobile
parking or storage compounds shall be permitted by special exception
subject to the following criteria:
A.
Any site used for the sale, parking and/or storage of more than 150
vehicles shall front solely upon collector or arterial roads;
B.
All exterior areas used for the sale, parking and/or storage of automobiles
shall be completely enclosed by a minimum eight-foot high fence, which
shall be subject to the setback requirements imposed upon off-street
parking lots;
C.
Access drives, for a distance of 100 feet from the edge of the street
right-of-way shall be paved. Beyond this all areas used for vehicle
sales, parking or storage may be a nonpaved all-weather, dust-free
surface.
(1)
All lighting shall be designed and constructed so as not to
cast glare on adjoining road and/or properties.
(2)
In addition to the preceding requirements, automobile auctions
shall comply with the following:
(a)
The sales area shall be considered to be that of the smallest rectangle,
or other regular geometric shape which encompasses all display areas,
stands, booths, tables, or stalls, plus any adjoining aisles and/or
walkways from which consumers can inspect items for sale. The sales
shall include all indoor and outdoor areas as listed above;
(b)
The retail sales area shall be set back at least 50 feet from all
property lines and shall be calculated as part of the maximum permitted
lot coverage, regardless of its surface treatment;
(c)
Any exterior lighting and amplified public address system shall be
arranged and designed so as to prevent objectionable impact on adjoining
properties;
(d)
Exterior trash receptacles shall be provided amid any outdoor sales
area. Such trash receptacles shall be routinely emptied so as to prevent
the scattering of litter and debris. All applications shall include
a description of a working plan for the cleanup of litter;
(e)
The servicing, reconditioning, demolition, or junking of vehicles
is prohibited;
(f)
The applicant shall furnish evidence that the disposal of all materials
will be accomplished in a manner that complies with all applicable
state and federal regulations; and
(g)
No part of the auction shall be located within 600 feet of any land
within the R-1, R-2 and V Districts.
Within the I and G-C Districts, automobile, bus, Class I recreation
vehicle, boat, motorcycle, and snowmobile service and repair facilities
are permitted by right, subject to the following criteria:
A.
All service and/or repair activities shall be conducted within a
completely enclosed building;
B.
All exterior storage areas shall be subject to lot coverage requirements
and screened from adjoining residentially zoned properties and roads;
C.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directly toward any adjoining residentially
zoned or utilized property;
D.
All vehicles and machinery shall be repaired and removed from the
premises;
E.
The demolition or junking of vehicles and machinery is prohibited;
F.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
Automobile repair garages are permitted by right in the G-C
and I Districts, subject to the following criteria:
A.
All paint work shall be performed within a building with a fume collection
and ventilation system that directs fumes away from any adjacent dwellings.
Outdoor major repairs (such as body work and grinding) and outdoor
welding shall not occur within 250 feet of a residential lot line.
B.
All reasonable efforts shall be made to prevent or minimize noise,
odor, vibration, light or electrical interference to adjacent lots
in accordance with this chapter.
C.
Overnight outdoor storage of "junk" other than permitted junk vehicles
shall be prohibited within view of a public street or a dwelling.
D.
Any "junk vehicle" shall not be stored for more than 30 days. A maximum
of four junk vehicles may be parked on a lot outside of an enclosed
building at any one time, except that additional numbers of vehicles
may be parked outside overnight if they: 1) are screened from view
from streets and other lots by landscaping or buildings and 2) are
actively undergoing repair.
E.
Service bay doors shall not face directly towards an abutting dwelling
(not including a dwelling separated from the garage by a street).
Automobile service stations (including minor incidental repair)
are permitted by right in the G-C District, subject to the following
criteria.
A.
The subject property shall have a minimum width of 125 feet;
B.
The subject property shall front on an arterial or collector road;
C.
The subject property shall be setback at least 300 feet from any
lot containing a school, day-care facility, park, playground, library,
hospital or nursing, rest or retirement home;
D.
The outdoor storage of motor vehicles (whether capable of movement
or not) for more than one month is prohibited;
E.
All structures (including air compressors, kiosks, gasoline pump
islands, but not including signs) shall be set back at least 15 feet
from any street right-of-way line;
F.
No outdoor storage of auto parts shall be permitted;
G.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet from and oriented away from any adjoining residence;
H.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
Bed-and-breakfast homes shall be permitted by right in the R-L,
R-1 R-2 and V Districts subject to the following specific criteria:
A.
A bed-and-breakfast home shall be allowed only in an owner-occupied,
single-family, detached residential dwelling or buildings accessory
thereto. No modification to the external appearances of the building
(except fire and safety requirements) which would alter its residential
character shall be permitted.
B.
Accommodations for overnight lodging at a bed-and-breakfast home
shall be limited to no more than five guest rooms and to no more than
10 guests at a given time. The guest rooms for bed-and-breakfast homes
shall be rented to overnight guests on a daily basis for periods not
exceeding one week.
C.
Accommodations at bed-and-breakfast homes may include breakfast prepared
on the premises for guests and included in the charge for the room.
No meal other than breakfast may be prepared on the premises for the
registered guests. Catered food service from a licensed facility is
permitted without additional licensing requirements.
D.
No cooking facilities shall be provided or permitted in individual
guest rooms.
E.
A bed-and-breakfast home must conform to all zoning regulations with
regard to parking, access, signs, area, setbacks, etc., as are applicable
under this chapter.
F.
Lighting shall not be shed on adjoining properties.
G.
The use of a residential dwelling for a bed-and-breakfast home must
be approved by the Mount Holly Springs Borough Sewage Enforcement
Officer and the system upgraded, if necessary.
H.
All bed-and-breakfast homes shall comply with the Federal Life Safety
Code, the rules and regulations of the Pennsylvania Department of
Labor and Industry, and all other applicable building, safety, and
fire codes of the federal, state, or local government.
Boardinghouses shall be permitted by right in R-L and V Districts,
subject to the following criteria:
A.
Minimum lot area: as required by the zoning district in which the
property is located.
B.
The boardinghouse shall provide accommodations for no more than five
persons.
C.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used and all other federal and
state license requirements have been met.
D.
No modifications to the external appearance of the building (except
fire escapes) which would alter its residential character shall be
permitted.
E.
All floors above grade shall have direct means of escape to ground
level.
F.
All parking areas shall be screened from adjoining residences.
G.
Meals shall be offered only to registered tenants.
H.
No signs shall be permitted.
Within the R-L District, campgrounds are permitted by special
exception on a minimum of 10 acres, subject to the following criteria:
A.
All campsites shall be located at least 50 feet from any side or
rear property line and at least 100 feet from any public street line;
B.
Each campsite shall be at least 3,000 square feet in size and shall
either provide parking space for one automobile which will not interfere
with the convenient and safe movement of traffic or equivalent parking
shall be provided in a common parking area;
C.
An internal road system shall be provided. These roads shall be an
all-weather, dust-free surface;
D.
All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining residentially zoned or utilized properties;
E.
All campgrounds shall furnish centralized sanitary and garbage collection
facilities that shall be set back a minimum of 100 feet from any property
line. Such facilities shall be screened from adjoining residentially
zoned or occupied properties;
F.
Any accessory retail or service commercial uses shall be set back
a minimum of 100 feet from any property line. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for these commercial uses shall only have vehicular access from the
campground's internal road rather than the public street. All accessory
commercial uses and related parking shall be screened from adjoining
residentially zoned or occupied parcels;
G.
All campgrounds containing more than 100 campsites shall have vehicular
access to an arterial or collector street;
H.
A campground may construct one freestanding or attached sign containing
no more than 10 square feet. Any reference to accessory commercial
or recreational facilities shall remain secondary in size to the reference
of the principal campground use. Such sign shall be set back at least
10 feet from the street right-of-way line, at least 100 feet from
any residential zone, and, at least 25 feet from adjoining lot lines;
I.
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities, which shall not be
located within 100 feet of any property line. Responsibility for maintenance
of the recreation area shall be with the landowner;
J.
During operation, every campground shall have an office in which
shall be located the person responsible for operation of the campground;
K.
All water facilities, sewage disposal systems, rest rooms, solid
waste disposal and vector control shall be approved and maintained
in accordance with the requirements of the PA DEP and Mount Holly
Springs Borough;
L.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets.
Car washes shall be permitted as a special exception in the
V District and by right in the G-C District subject to the following
specific criteria:
A.
Gray water recycling is mandatory;
B.
For automatic, self-service and full service car washes, each washing
bay shall provide a minimum fifty-foot long on-site stacking lane
which precedes the washing process area;
C.
For full-service car washes, a post-washing drying area shall be
provided for no less than three vehicles per washing lane;
D.
All structures housing washing apparatuses shall be set back 15 feet
from any street right-of-way, 50 feet from any rear property line,
and 20 feet from any side lot line;
E.
Trash receptacles shall be provided and routinely emptied to present
the scattering of litter, and the applicant shall furnish and implement
a working plan for the cleanup of litter and debris; and
F.
The subject property shall front on an arterial or collector road.
G.
The applicant shall demonstrate adequate provision for the collection
and disposal of greases and wastes.
Cemeteries shall be permitted by right in the R-L District,
subject to the following criteria:
An accessory child care shall be permitted by right in the R-L,
R-1, R-2, V, G-C and I Districts, subject to the following specific
criteria:
A.
The accessory child-care center shall meet all state and federal
licensing and registration requirements and shall provide proof of
compliance with the Commonwealth of Pennsylvania Code, Title 55, Chapter
3270, Child Day Care Centers.
B.
The accessory child-care center is located at and is accessory to
a legally established church, a public or nonpublic school, or a place
of employment. Such buildings shall obtain a Pennsylvania Department
of Labor and Industry occupancy permit.
C.
The accessory child-care center provides safe off-street pickup and
dropoff points in order to minimize traffic congestion. Vehicles shall
enter and exit from the pickup and dropoff points at least 60 feet
from any intersection. The passenger pickup and dropoff points shall
be arranged so that the passengers do not have to cross traffic.
D.
An outdoor play area shall be provided in accordance with state regulations.
Off-street parking compounds shall not be used as outdoor play areas.
Outdoor play areas shall not be located within the front yard and
must be set back 25 feet from all property lines. Outdoor play areas
shall be completely enclosed by a four-foot-high fence that shall
screen the area from adjoining residential districts or use properties.
All outdoor play areas must provide a means of shade such as shade
tree(s) or pavilion(s).
In-home child care shall be permitted by right in the R-L, R-1,
R-2 and V districts. The child care shall be limited to six children
not related by legal marriage, birth or adoption.
Continuing care retirement facility shall be permitted in the
V District by right, all subject to the following criteria:
A.
The continuing care retirement community is designed primarily for
persons aged 55 and over.
B.
C.
The following uses shall be permitted as accessory uses in the continuing
care retirement community for the use of residents and guests:
(3)
Each accessory use shall be located in a building occupied by
residential uses or in a community activities building.
(4)
Each accessory commercial use shall not exceed 2,500 square
feet of net floor area (for accessory commercial uses, net floor area
as defined herein shall also exclude food preparation areas and lavatories).
(5)
The total area reserved of commercial accessory uses shall not
exceed 4% of the total land area, including buildings, sidewalks,
open space, access drives and parking, and no more than 25,000 square
feet, whichever is less.
D.
Continuing care retirement communities shall meet the following area,
density, coverage and yard requirements:
(1)
Maximum density for residential units shall be 18 units per
acre.
(2)
Maximum impervious lot coverage shall be 60%.
(3)
Minimum vegetative coverage shall be 40%.
(5)
More than one building on a single lot shall meet the following
minimum interior yard spacing requirements:
(6)
Staging of development. When the continuing care retirement
community is to be developed in stages, the following criteria must
be met:
(a)
The land development plan presented to Mount Holly Springs Borough
must show the approximate location and type of use for each stage
of the development.
(b)
If nonresidential uses will be a part of the development, the
sequencing shall be shown so that not all residential development
is constructed prior to the construction of the nonresidential development,
unless the development involves an existing continuing care retirement
community that already includes existing nonresidential components,
in which case the staging requirement would not apply.
E.
Public water and public sewer shall be required.
F.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by the Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use, arrangement
of plant materials and installation by the developer. All areas of
the development not covered by impervious surfaces shall be landscaped
and maintained with suitable ground cover and plants.
(1)
The plan shall indicate the extent in which existing vegetation
will be preserved for landscaping purposes.
(2)
When deemed necessary by Mount Holly Springs Borough Council,
earthen berms shall be incorporated into the landscaping plan along
public street frontage and along property lines abutting existing
dwellings.
(3)
Landscaped areas shall be continually maintained by the landowner
or retirement community association. Care, grooming, and replacement
of plants shall be included as part of the required maintenance. Failure
to adequately maintain landscaped areas shall be subject to a citation
issued by Mount Holly Springs Borough.
(4)
In addition to landscape elements, the plan shall include the layout of walkways, lighting in accordance with Chapter 450, Subdivision and Land Development, of the Code of the Borough of Mount Holly Springs, and recreation areas throughout the development for the safety and security of the residents.
(a)
Entrances to dwelling units shall be provided with all-weather
walkways to parking and refuse collection points.
(b)
The development shall have shaded sidewalks or shaded paved
walking paths throughout the development.
(c)
The layout and design of pedestrian-level streetlighting shall
be provided throughout the development and parking areas.
(5)
Parking areas within the continuing care retirement community shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself, and shall be designed in accordance with Chapter 450, Subdivision and Land Development, of the Code of the Borough of Mount Holly Springs.
(6)
Buffers shall be in accordance with this chapter.
G.
The continuing care retirement community shall provide proof that
all applicable state, county and municipal licenses have been obtained.
In the G-C District, convenience stores with gas dispensing
are permitted by right, subject to the following conditions:
A.
The minimum lot size shall conform to the zoning district regulations.
B.
All height, setback and coverage standards shall be in accordance
with the zoning district in which the use is located.
C.
A site circulation plan shall be provided that depicts the separation
of fueling service, gasoline service station areas and convenience
store areas. The plan shall show the location and dimensions of all
structures, fuel pumps and location of the tank field; the location
and dimensions of parking, landscaping areas and signage; and the
description of internal circulation and access, in accordance with
the standards herein.
D.
Driveway locations shall be in accordance with this chapter. Minimum
setback for access drives shall meet the following standards:
E.
Motor vehicles shall not be permitted to be parked on sidewalk areas.
F.
Minimum setback of fuel pumps from parking areas shall be 20 feet.
G.
Outdoor lighting shall be in accordance with this chapter.
H.
Fuel delivery shall not impede traffic-flow patterns.
A.
Within the V and G-C Districts, commercial day-care facilities are
permitted by right subject to the following criteria:
(1)
An outdoor play area shall be provided, at a rate of 65 square
feet per individual enrolled. Off-street parking compounds shall not
be used as outdoor play areas. Outdoor play areas shall not be located
within the front yard. Additionally, outdoor play areas shall be located
and designed so as not to disrupt normal activities of adjoining uses.
There shall be a minimum of a four-foot high fence with screening
to screened from adjoining residentially used or zoned properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s);
(2)
Enrollment shall be defined as the largest number of persons
and/or children under day-care supervision at any one time during
a seven-day period;
(3)
Passenger "dropoff" and "pickup" areas shall be provided on
site and arranged so that the passengers do not have to cross traffic
lanes on or adjacent to the site;
B.
All commercial day care facilities shall obtain and maintain proper
licensure from the Commonwealth of Pennsylvania.
Within the I District, distilleries, breweries, pickling processes
and sugar refineries are permitted by right, subject to the following
criteria:
A.
The applicant shall provide a detailed written description of the
proposed use in each of the following topics:
(1)
The nature of the on-site operations, the materials used in
the process, the products produced, and the generation and methods
for disposal of any wastes and/or by products. In addition, the applicant
shall furnish evidence that the storage and disposal of materials
will be accomplished in a manner that complies with state and federal
regulations;
(2)
The general scale of the operation in terms of its market area,
specific floor space requirements for each step of the industrial
process, the total number of employees on each shift, and an overall
needed site size;
(3)
Identify any environmental impacts that are likely to be generated
(e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical
disturbance, wastewater, stormwater, solid waste, etc.) and specific
measures employed to mitigate or eliminate negative impacts. The applicant
shall further furnish expert evidence that the impacts generated by
the proposed use fall within acceptable levels regulated by applicable
laws and ordinances;
Within the G-C District, drive-through facilities shall be permitted
by special exception, subject to the following criteria:
A.
The subject property shall front on an arterial or collector road.
B.
Exterior trash receptacles shall be provided and routinely emptied
so as to prevent the scattering of litter. All applications shall
include a description of a working plan for the cleanup of litter.
C.
All exterior seating/play areas shall be completely enclosed by a
minimum three-foot high fence.
D.
The applicant is encouraged to match the architecture of the site
to that of the neighborhood.
E.
Ingress and egress standards shall meet the requirements of Chapter 450, Subdivision and Land Development, of the Code of the Borough of Mount Holly Springs:
(1)
The minimum distance of any driveway to property line shall
be 10 feet.
(2)
The minimum distance of a driveway into the site from a street
intersection shall be 60 feet, measured from the intersection of the
street right-of-way to the nearest end of the curb radius.
(3)
The angle of driveway intersection with the street shall be
based upon safe traffic movements and shall be approved by the Municipal
Engineer.
(4)
Drive-in facilities adjacent to or integrated in a shopping
center or cluster of commercial facilities shall use the common access
with other business establishments in that center.
F.
All drive-in facility buildings and structures shall be designed
and planned to take advantage of and be compatible with natural features
of the site and area.
G.
Outdoor lighting shall be contained on site.
H.
All drive-through windows shall be separated from the parking lot's
interior driveways and have stacking lanes of at least 100 feet in
length for pharmacies and financial institutions and 160 feet for
fast-food businesses.
I.
Outside speakers shall not be audible from any residential area.
J.
All automated teller machines shall be located so that the on-site
movement of vehicles will not be hampered by those cars belonging
to persons using the automated teller machines.
K.
A traffic study is required to demonstrate safe access and control
of traffic into and out of the facility. The traffic study shall include
at a minimum the following study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
Within the R-L, R-1 and R-2 Districts ECHO housing is permitted
by special exception and in the V District by right, subject to the
following criteria:
A.
The ECHO housing may not exceed 1,000 square feet of floor area;
B.
The total building coverage for the principal dwelling, any existing
accessory structures and the ECHO housing together shall not exceed
the maximum requirement for the district in which the ECHO housing
is located;
C.
The ECHO housing shall be occupied by either an elderly, handicapped
or disabled person related to the occupants of the principal dwelling
by blood, marriage or adoption;
D.
The ECHO housing shall be occupied by a maximum of two people;
E.
Utilities.
(1)
For public sewer and water supply and all other utilities, the
ECHO housing shall be physically connected to those systems serving
the principal dwelling. No separate utility systems or connections
shall be constructed or used. All connections shall meet the applicable
utility company standards; and
(2)
If on-site sewer or water systems are to be used, the applicant
shall submit evidence to the Mount Holly Springs Borough Council showing
that the total number of occupants in both the principal dwelling
and the ECHO housing will not exceed the maximum capacities for which
the one unit systems were designed, unless those systems are to be
expanded, in which case the expansion approvals are to be submitted.
Any connection to or addition to an existing on site sewer system
shall comply with the Mount Holly Springs Borough On-Lot Management
Ordinance.
F.
The ECHO housing shall not be permitted in the required front yard
setback and shall adhere to all side and rear yard setback requirements
for principal uses.
A.
A family care facility shall be permitted by right in the G-C District,
subject to the following.
B.
The following information shall be provided to Mount Holly Springs
Borough prior to the issuance of a building permit or certificate
of occupancy:
(1)
In a narrative form, a statement of the proposed use, including
its location, number of residents, name telephone number and contact
person of the sponsoring agency.
(2)
A statement and verification that all required approvals, permits
and licenses have been granted from the federal, state and county
governments and other public agencies.
(3)
The family care facility shall comply with all zoning regulations
in the district in which the family care facility is located.
(4)
All information required for the issuance of a building permit.
(5)
No family care facility shall be established within 1,000 feet
of another family care facility or group home.
(6)
The family care facility shall maintain a similar appearance,
condition and character to the existing dwellings in the immediate
vicinity of the family care facility.
(7)
Occupants of the family care facility shall live as a family
unit.
(8)
Under no circumstances shall any uses qualifying for or falling
under the definition of a "halfway house" be considered a family care
facility.
C.
A family care facility shall be limited to six residents who are
not related by legal marriage, birth or adoption.
Within the V and G-C Districts, a farmers market and/or flea
market are permitted by right, subject to the following criteria:
A.
The retail sales area shall be considered to be that of the smallest
rectangle, or other regular geometric shape which encompasses all
display stands, booths, tables or stalls, plus any adjoining aisles
and/or walkways from which consumers can inspect items for sale. The
retail sales shall include all indoor and/or outdoor area as listed
above;
B.
Exterior retail sales area shall be set back at least 50 feet from
all property lines, and shall be calculated as part of the maximum
permitted lot coverage, regardless of its surface treatment;
C.
Off-street loading shall be calculated upon the retail sales area described above and according to the schedule listed in Article XIV of this chapter;
D.
All outdoor display and sales of merchandise shall not begin prior
to one hour before official sunrise and shall cease no later than
one hour after official sunset;
E.
Any exterior amplified public address system shall be arranged and
designed so as to prevent objectionable impact on adjoining properties;
and
F.
Exterior trash receptacles shall be provided amid any outdoor retail
sales area. Such trash receptacles shall be routinely emptied so as
to prevent the scattering of litter and debris. All applications shall
include a description of a working plan for the cleanup of litter.
A.
To encourage maintenance and management of forested or wooded open
space and promote the conduct of Forestry as a sound and economically
viable use of forested land and forestry activities, including, but
not limited to, timber harvesting, and to be in compliance with the
Pennsylvania Municipalities Planning Code, as amended. Forestry shall
be a permitted use by right in all zoning districts. The following
standards apply to all timber harvesting within the municipality where
the value of trees, logs, or other timber products removed exceed
$1,000. These provisions do not apply to the cutting of trees for
the personal use of the landowner or for pre-commercial timber stand
improvement.
B.
Policy and purpose. In order to conserve forested open space and
the environmental and economic benefits they provide, it is the policy
of Mount Holly Springs Borough to encourage the owners of forestland
to continue to use their land for forestry purposes, including the
long-term production of timber, recreation, wildlife, and amenity
values. The timber harvesting regulations are intended to further
this policy by promoting good forest stewardship, protecting the rights
of adjoining property owners, minimizing the potential for adverse
environmental impacts, and avoiding unreasonable and unnecessary restrictions
on the right to practice forestry.
C.
Notification and preparation of a logging plan.
(1)
For all timber harvesting operations, the landowner shall notify
the Mount Holly Springs Borough Code Enforcement Officer at least
10 business days before the operation commences and within 10 business
days before the operation is complete. No timber harvesting shall
occur until the notice has been provided. Notification shall be in
writing and shall specify the land on which harvesting will occur,
the expected size of the harvest area, and, as applicable, the anticipated
starting or completion date of the operation.
(2)
Every landowner on whose land timber harvesting is to occur
shall prepare a written logging plan in the form specified by this
chapter. No timber harvesting shall occur until the plan has been
prepared. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site all
times during the operation and shall be provided to the Mount Holly
Springs Borough Code Enforcement Officer upon request.
(3)
The landowner and the operator shall be jointly and severally
responsible for complying with the terms of the logging plan.
(4)
An erosion and sedimentation pollution control plan must be
approved by the Cumberland County Conservation District. Documentation
of such approval is required prior to the beginning of any timber
harvest activities.
D.
Contents of the logging plan. As a minimum the logging plan shall
include the following:
(1)
The design, construction, maintenance, and retirement of the
access system, including haul roads, skid roads, skid trails and landings.
(2)
The design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars.
(3)
The design, construction, and maintenance of stream and wetland
crossings.
(4)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
(5)
A sketch map or drawing containing the site location and boundaries,
including both the boundaries of the property on which the timber
harvest will take place and the boundaries of the proposed harvest
area within the property; significant topographic features related
to potential environmental problems; location of all earth disturbance
activities such as roads, landings, and water control measures and
structures; location of all crossings of water of the commonwealth;
and the general location of the proposed operation to municipal and
state highways, including any accesses to those highways.
(6)
Documentation of compliance with the requirements of all applicable state regulations including, but not limited to, the following: erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.); and stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(7)
Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified above provided all information required is included or attached.
E.
Forest practices. The following requirements shall apply to all timber
harvesting operations in Mount Holly Springs Borough.
(1)
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of Mount Holly Springs
Borough or the Pennsylvania Department of Transportation, whichever
is responsible for maintenance of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway providing access to adjoining residential
property.
(3)
All tops and slash between 25 feet and 50 feet of any public
roadway or private roadway providing access to adjoining residential
property or within 50 feet of adjoining residential property shall
be lopped to a maximum height of four feet above ground.
(4)
No tops or slash shall be left on or across the boundary of
any property adjoining the operation without the consent of the owner
thereof.
(5)
No tops or slash shall be left within 50 feet of any perennial
of intermittent stream or the designated floodplain of any stream,
whichever is greater.
(6)
No harvest of trees shall occur within 50 feet of any perennial
or intermittent stream.
(7)
Litter resulting from a timber harvesting operation shall be
removed from the site before it is vacated by the operator.
F.
Responsibility for road maintenance and repair: road bonding. Pursuant
to Title 75 of the Pennsylvania Consolidated Statues, Chapter 49;
and Title 67 of the Pennsylvania Code, Chapter 189, the landowner
and the operator shall be responsible for repairing any damage to
Mount Holly Springs Borough roads caused by traffic associated with
the timber harvesting operation to the extent the damage is in excess
of that caused by normal traffic, and may be required to furnish a
bond to guarantee the repair of such damages.
G.
Enforcement. The Mount Holly Springs Borough Code Enforcement Officer
shall be the enforcement officer for the standards set forth herein.
H.
Inspections. The Mount Holly Springs Borough Code Enforcement Officer
may go upon the site of any timber harvesting operation before, during,
or after active logging to review the logging plan or any other required
documents for compliance with the standards and inspect the operation
for compliance with the logging plan and other on-site requirements
of these regulations.
I.
Violations notices; suspensions. Upon finding that a timber harvesting
operation is in violation of any provision of these standards and
regulations, the Mount Holly Springs Borough Code Enforcement Officer
shall issue the operator and the landowner a written notice of violation
describing each violation and specifying a date by which corrective
action must be taken. The Mount Holly Springs Borough Code Enforcement
Officer may order the immediate suspension of any operation upon finding
that corrective action has not been taken by the date specified in
a notice violation; the operation is proceeding without a logging
plan; or the operation is causing immediate harm to the environment.
Suspension orders shall be in writing, shall be issued to the operator
and the owner, and shall remain in effect until, as determined by
the Mount Holly Springs Borough Code Enforcement Officer, the operation
is brought into compliance with the regulations herein or other applicable
states or regulations. The landowner or the operator may appeal an
order or decision of an enforcement officer, within 30 days of issuance,
to the Mount Holly Springs Borough Council.
J.
Penalties. Any landowner or operator who violates any provision of
these regulations, refuses to allow the Mount Holly Springs Borough
Code Enforcement Officer access to a harvest site or who fails to
comply with a notice of violation or suspension order is guilty of
a summary offense and upon conviction shall be subject to a fine of
not less than $100 nor more than $500, plus costs, for each separate
offense. Each day of continued violation of any provisions shall constitute
a separate offense.
Within the R-1 and V Districts, funeral homes or mortuaries,
excluding crematories, shall be permitted by special exception, subject
to the criteria below. Within the G-C District, funeral homes, mortuaries
and crematoriums are permitted by right, subject to the following
criteria:
A.
The applicant shall furnish evidence that the use of materials and
disposal of wastes will be accomplished in a manner which complies
with state and federal regulations; and
B.
Parking shall be designed to prevent traffic backups onto adjoining
roads.
C.
A 100-foot off-street stacking area for the formation of the funeral
procession shall be provided on the site.
D.
No funeral procession will be allowed to form on public streets.
A.
Within the R-L District, golf courses are permitted by special exception
subject to the following criteria:
(1)
In no case shall the golf course design permit or encourage
a golf ball to be driven across any building, building lot, parking
lot, or public street, access drive, or driveway;
(2)
All golf course buildings shall be set back 75 feet from any
adjoining roads and 100 feet from adjoining residential structures
or parcels;
(3)
Golf courses may include the following accessory uses, provided
such uses are reasonably sized, and located so as to provide incidental
service to the golf course employees and users:
(a)
Clubhouse, which may consist of:
[1]
Restaurant, snack bar, lounge, and banquet facilities;
[2]
Locker and rest rooms;
[3]
Pro shop;
[4]
Administrative offices;
[5]
Golf cart and maintenance equipment storage and
service facilities;
[6]
Fitness and health equipment, including workout
machines, spas, whirlpools, saunas, and steam rooms;
[7]
Game rooms, including card tables, billiards, ping-pong,
video games, pinball machines, and other similar table games; and,
[8]
Babysitting rooms and connected fence-enclosed
play lots.
(b)
Accessory recreation amenities located outside of a building,
including:
[1]
Driving range, provided that the applicant shall
furnish expert evidence that all lighting has been arranged to prevent
glare on adjoining properties and streets;
[2]
Practice putting greens;
[3]
Swimming pools;
[4]
Tennis, platform tennis, handball, racquetball,
squash, volleyball, and badminton courts;
[5]
Bocce ball, croquet, shuffleboard and horseshoe
pits;
[6]
Picnic pavilions, picnic tables, park benches,
and barbecue pits;
[7]
Hiking, biking, horseback riding, and cross-country
ski trails; and
[8]
Playground equipment and play lot games, including
four-square, dodgeball, tetherball, and hopscotch.
(c)
Freestanding maintenance equipment and supply buildings and
storage yards.
(4)
All outdoor storage of maintenance equipment and/or golf carts
shall be set back at least 100 feet and be screened from adjoining
residential structures and roads;
(5)
All dumpsters and off-street parking and/or loading areas shall
be screened from adjoining or nearby residences. In addition, all
off-street loading and dumpsters shall be screened from adjoining
roads;
B.
The minimum lot area shall be not less than: 45 acres for a par 3,
18 hole course; 60 acres for a 9 hole or executive golf course; and
100 acres for a regulation 18-hole course.
C.
A golf course may include the following accessory uses:
(1)
A clubhouse with a pro shop, offices, restaurant/snack bar,
game room, and child-care room.
(2)
Golf cart maintenance and equipment storage and service facilities.
No outdoor maintenance or storage of golf cards shall be permitted.
(3)
Practice putting greens and driving range, without outdoor lighting.
D.
The construction of a golf course shall be considered a "development" and subject to all appropriate requirements of Chapter 450, Subdivision and Land Development, of the Code of the Borough of Mount Holly Springs.
E.
All applicants shall submit plans to the Municipal Engineer and the Cumberland County Conservation District at least 30 days before the public hearing. In addition to requirements of Chapter 450, the plans shall include the following information:
(1)
Earth-moving and erosion-control management;
(2)
Runoff controls for herbicides, pesticides, fungicides, and
fertilizer, and plans for disposal of the containers for those items;
(3)
Water use plan, including emergency condition usage;
(4)
Wastewater treatment and disposal plan;
(5)
Traffic study. A traffic study shall be submitted by the applicant in accordance with Chapter 450, Subdivision and Land Development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Mosquito control; and
(7)
Nutrient plan to ensure no excess nitrates, herbicides, pesticides,
fungicides or other fertilizer is used; when alternatives that are
less potentially harmful to the environment are available, they shall
be used.
F.
Any points when the golf course crosses a road(s), driveway or parking
lot shall be signed, warning motorists and pedestrians, and any private
road shall contain speed bumps.
G.
In addition to the setback regulations of the district in which the
use is located, the following setback regulations shall be required.
(1)
Fairways and greens shall be set back a minimum of:
(a)
One hundred fifty feet from any residential structures. For
undeveloped residential lots abutting the golf course, the 150-foot
setback shall be measured from the closest setback line of the abutting
property and common property line.
(b)
Fifty feet from any nonresidential lot line of an abutting property
or the existing street right-of-way line.
(2)
All accessory uses of the golf course shall be set back at least
100 feet from all lot lines.
(3)
All golf course buildings shall be set back 100 feet from any
adjoining roads and parcels.
(4)
Parking shall be set back at least 30 feet from any adjoining lot lines, be paved with asphalt, and screened from adjoining residentially zoned or used property in accordance with Article XI of this chapter, and as set forth in Chapter 450, Subdivision and Land Development. The number of required parking spaces shall be the amount required for the golf course plus accessory uses.
A group home is permitted by right in the R-1 and V Districts.
The following information shall be provided to the Mount Holly Springs
Borough Code Enforcement Officer prior to the issuance of a building
permit.
A.
In a narrative form, a statement of the proposed use, including its
location, number of residents, name, telephone number and contact
person of the sponsoring agency.
B.
A statement that all required approvals, permits and licenses have
been granted from the federal, state and county governments or other
public agencies.
C.
The group home shall comply with all zoning regulations in the district
in which the group home is located.
D.
All other information that is required by the Mount Holly Springs
Borough Code Enforcement Officer prior to issuing a building permit
shall be provided to Mount Holly Springs Borough.
E.
The group home shall maintain a similar appearance, condition and
character to the existing dwellings in the immediate vicinity of the
group home.
F.
Occupants of the group home shall live as a family unit.
G.
Under no circumstances shall any uses qualifying for or falling under
the definition of "halfway house" be considered a group home.
Halfway houses shall be permitted in the R-L and R-1 Districts
by conditional use, subject to the following criteria;
A.
A halfway house must be licensed where required by an appropriate
government agency(s) and shall be in compliance with all applicable
rules and regulations of the licensing body(s). A copy of any required
license must be delivered to Mount Holly Springs Borough prior to
beginning the use.
B.
A halfway house shall be directly affiliated with a parent institution
or organization, which shall provide full-time supervision and administration
to the residents of the house.
C.
A common cooking and eating area must be provided; no cooking or
dining facilities shall be provided in individual rooms or suites.
D.
The residents of the halfway house shall reside on the premises to
benefit from the services provided.
E.
The halfway house shall not be located within 1,000 feet of any religious
structure, public recreation facility, school facility, day-care center
or public library.
F.
The halfway house shall not be located within 1,000 feet of another
halfway house.
G.
Each conditional use or special exception application shall be accompanied
by a statement describing the following:
(1)
The composition of the halfway house;
(2)
The policies and goals of the halfway house and the means proposed
to accomplish those goals;
(3)
The characteristics of the residents and number of residents
to be served;
(4)
The operating methods and procedures to be used; and
(5)
Any other facts relevant to the proposed operation of the halfway
house.
H.
Any use permit granted for the halfway house shall be bound to the
type and number of offenders listed on the application. Any change
in the type or number of offenders being housed shall require a new
hearing before the Zoning Hearing Board.
A.
Within the I District, heavy equipment sales, service and/or repair
service facilities are permitted by right, subject to the following
criteria:
(1)
All service and/or repair activities shall be conducted within
a completely enclosed building;
(2)
All exterior storage and/or display areas shall be screened
from adjoining land within the R-L, R-1, R-2 and V Districts. All
exterior storage/display areas shall be set back at least 50 feet
from adjoining street lines and shall be covered in an all-weather,
dust-free surface;
(3)
The storage of junked vehicles, boats, machinery, trucks, trailers,
manufactured houses and heavy equipment vehicles on the property is
prohibited;
(4)
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining land within
the R-L, R-1, R-2, and V Districts;
(5)
All vehicles shall be repaired and removed promptly from the
premises.
B.
The applicant shall furnish evidence that the storage and disposal
of all materials will be accomplished in a manner that complies with
state and federal regulations.
Within all districts, historic structure conversions are permitted
by conditional use subject to the following criteria:
A.
The new use shall be permitted by right, conditional use or special
exception in the district in which the historic structure is located.
B.
The applicant shall furnish expert evidence that any alterations,
improvements, extensions, additions or other modifications proposed
to the historic structure will be accomplished in a manner that does
not jeopardize the "historic" status of the structure.
C.
The applicant shall furnish evidence of an approved means of water
supply and sewage disposal.
D.
The applicant shall obtain any necessary land development approvals.
E.
All off-street parking and/or loading areas shall be screened from
adjoining residences.
F.
One sign shall be permitted which is no larger than six square feet
and is located at least 10 feet from all lot lines or affixed to the
front of the building.
G.
Historic restaurant conversions: Historic restaurant conversions
shall not involve drive-through restaurant operations.
(1)
All restaurant seating shall be provided within the completely
enclosed building, except that limited exterior seating maybe provided
if:
(a)
Such seating is situated and designed so as not to adversely
impact nearby residences.
(b)
Such seating is accessory to the principal interior seating
accommodations.
(c)
During use, such seating is continuously supervised by an employee
or owner of the restaurant.
(d)
Any lighting or music systems servicing such seating is designed
and operated so as not to constitute a nuisance to adjoining properties.
(e)
The applicant shall furnish and implement a working plan for
the continuous cleanup of litter and debris that may result from such
outdoor seating.
(f)
Such seating is removed during seasons when not in use.
H.
Historic conversion apartment. All dwelling units within the historic
conversion apartment building shall contain at least 400 square feet
of habitable floor area.
I.
Historic office conversions are permitted and must follow the same
criteria as historic conversion apartment.
Within the G-C District, home improvement and building supply
stores are permitted by right, subject to the following criteria:
A.
If the subject property contains more than two acres, it shall front
along an arterial or collector road.
B.
The retail sales area shall be all areas open for public display,
including, but not limited to, shelves, racks, bins, stalls, tables,
and booths, plus any adjoining aisles or walkways from which consumers
can inspect items for sale. The retail sales area shall include both
interior and exterior areas as listed above.
C.
All exterior retail sales areas shall include a paved or dust-free
surface.
D.
All exterior storage and retail sales areas (exclusive of nursery
and garden stock) shall be screened from adjoining residential properties.
E.
The applicant shall furnish expert evidence that any exterior amplified
public address system and/or exterior lighting has been arranged and
designed so as to prevent objectionable impact off the site.
F.
Any drilling, cutting, sawing, mixing, crushing or other preparation
of building materials shall be conducted within a completely enclosed
building.
Within the R-L, R-1, R-2 and V Districts, home occupations shall
be permitted by right subject to the following criteria:
A.
The use shall be conducted primarily by a permanent resident of the
dwelling, and involve a maximum of one person working on-site at any
one time who does not reside within the dwelling.
B.
The use shall be conducted indoors. No outdoor storage or display
related to the home occupation shall be permitted. No changes shall
occur to the exterior of a building that would reduce its residential
appearance as viewed from a street.
C.
The use shall occupy an area that is not greater than 25% of the
total floor area of the principal dwelling unit. The use shall clearly
be secondary to the residential use.
D.
The applicant shall provide evidence that adequate parking will be
provided.
E.
The use shall not require delivery or pickup by tractor-trailer trucks.
F.
No excavating equipment shall be parked overnight on a residential
lot or an adjacent street as part of a home occupation.
G.
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, electrical or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of "toxic" or "highly hazardous"
substances.
H.
A home occupation shall not be conducted in a manner that is perceptible
to other residents between the hours of 9:00 p.m. and 7:30 a.m.
I.
Any tutoring or instruction shall be limited to a maximum of three
students at a time.
J.
The main office of a medical doctor, chiropractor or dentist shall
not be permitted as a home occupation.
L.
The use shall not involve manufacturing, other than of custom crafts
and sewing. The use shall not involve commercial repair of motor vehicles.
M.
Retail sales shall be limited to sales that are clearly accessory
to the primary residential use.
N.
If more than one home occupation is accessory to a dwelling, the
total aggregate impact of the home occupations shall be considered
in determining compliance with this chapter. In any case, no more
than one nonresident employee shall be allowed to work on site at
one time.
In the G-C District, hospitals shall be permitted by right,
subject to the following criteria:
A.
The facility operator shall meet all state and federal rules and
regulations for health-care facilities.
B.
All applicants shall provide evidence that the hospital will be conducted
in a manner that will not be detrimental to neighboring property owners.
C.
Minimum lot area: five acres.
D.
Minimum street frontage: 300 feet.
E.
Public sewer and public water shall be used.
F.
The subject property shall have frontage along an arterial or collector
street.
G.
All height, area, setback and coverage standards within the underlying
district shall apply.
H.
Emergency entrances shall be located on a building wall facing away
from adjoining residentially zoned or utilized properties.
I.
A traffic study shall be submitted by the applicant in accordance
with the Mount Holly Springs Borough Subdivision and Land Development
Ordinance. The traffic study shall include at a minimum the following
study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
A description of the location of bus stops to be conveniently
accessible for patrons traveling to and from the site by bus. The
location for a bus stop must be provided even if current bus service
is unavailable. The bus stop area shall include a shelter, seating,
waste receptacle, and shaded area.
J.
The institution shall submit a copy of its emergency operations plan
(EOP) to the Mount Holly Springs Borough Emergency Management Agency
Coordinator. The EOP shall include detailed information regarding
solid, medical and hazardous materials and waste handling, including
a listing of all medical and hazardous materials and wastes used and
generated on site and evidence indicating the disposal of all materials
and wastes will be accomplished in a manner that complies with state
and federal regulations.
Within the R-L District, hunting, fishing, skiing, and boating
lodges are permitted by special exception, subject to the following
criteria:
A.
All off-street parking shall be set back at least 30 feet from any
adjoining land within the R-1, R-2 and V Districts.
B.
Outdoor recreation/activity areas shall be set back at least 50 feet
from all property lines. No shooting ranges shall be permitted unless
approved under the provisions of this chapter;
C.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used.
D.
One sign, not to exceed 10 square feet, shall be permitted.
Within the I District, junkyards are permitted by special exception,
subject to the following criteria:
A.
The outdoor area devoted to the storage of junk shall be completely
enclosed by an eight-foot high, sight-tight fence which shall be set
back at least 50 feet from all property lines and 100 feet from properties
within the R-1, R-2 or V Districts. A landscaped visual barrier will
be provided adjacent to a residential use or district.
B.
The setback area between the fence and the lot lines shall be kept
free of weeds.
C.
All completely enclosed buildings used to store junk shall be set
back at least 50 feet from all property lines.
D.
No material may be stored or stacked so that it is visible from adjoining
properties and roads.
E.
All federal and state laws shall be satisfied.
F.
All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water, and with no junk
piled to a height greater than eight feet.
G.
No materials shall be burned at any time.
H.
Any junkyard shall be maintained in such a manner as to cause no
public or private nuisance, nor to cause any offensive or noxious
sounds or odors, nor to cause the breeding or harboring of rats, flies,
or other vectors.
I.
No junkyard shall be located on land with a slope in excess of 5%.
J.
All junked vehicles shall be emptied of fuel, oil and other petroleum
products, air-conditioning fluid, anti-freeze, and batteries.
Within the V, I and G-C Districts, laundromat and dry-cleaning
establishments are permitted by right, subject to the following criteria:
A.
All activities shall be conducted within a completely enclosed building.
B.
All windows and doors or walls facing adjoining residential districts
shall be kept closed.
C.
Laundry and dry-cleaning establishments shall be intended for personal
use only.
D.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially zoned or used property.
Mobile/manufactured home parks shall be permitted in the R-2
District by right, subject to the following criteria:
A.
A mobile home park or manufactured home park shall only include homes
of single or multiple widths, but shall not include travel trailers
or motor homes.
B.
Any parcel to be used as a mobile/manufactured home park shall have
a minimum tract area of 25 acres.
C.
Mobile/manufactured home parks shall be designed to protect sensitive
features to the greatest extent as possible. Sensitive features include
rights-of-way (roads and utilities), wetlands, floodplains, steep
slopes and rock outcroppings.
D.
The total number of lots and/or units in a mobile/manufactured home
park shall not exceed a maximum density of four lots and/or units
per acre.
E.
Yard and area regulations:
(1)
No mobile/manufactured home or other primary building may be
located closer than 35 feet to any boundary of the mobile/manufactured
home park, regardless of whether the boundary abuts a lot, water body,
road or other right-of-way.
(2)
No mobile/manufactured home lots shall be less than 55 feet
in width at the building setback line.
(3)
All mobile/manufactured home lots shall have a minimum lot size
of 5,000 square feet.
(4)
No individual mobile/manufactured home lot shall be less than
25 feet in width at the right-of-way line or the edge of pavement
of a private street.
(5)
The maximum coverage of any individual mobile/manufactured home
lot by all primary and accessory buildings and structures, including
covered patios and decks, shall not exceed 25%.
(6)
Minimum structure setbacks:
(a)
Front yard. In no case shall a mobile/manufactured home be located
closer than the required front yard setback of the underlying zoning
district from a public or private street right-of-way. No more than
six homes in a row shall have the same front setback. Where varied
setbacks are implemented, the difference shall be at least four feet.
(b)
Side and rear yards. No mobile/manufactured home or accessory
building shall be located closer than 10 feet to any side or rear
line of an individual mobile/manufactured home. Side and rear setbacks
for adjoining lots which are not part of the mobile/manufactured home
park shall comply with the underlying zoning district.
(c)
Mobile/manufactured homes and roof structures of areas attached
thereto shall be separated from each other and from other buildings,
other than accessory structures, at their closest points by a minimum
of 20 feet; provided, however that whenever two mobile/manufactured
homes have their longer sides parallel or essentially parallel to
each other for more than 25% of the length of either, the minimum
distance between the two mobile/manufactured homes shall be 30 feet.
Within the R-L, G-C and V Districts, motels or hotels (including
conference facility) are permitted by conditional use, subject to
the following criteria:
A.
Minimum lot area shall comply with the underlying zoning district.
B.
All buildings and structures, with the exception of a surface parking
lot, shall be set back a minimum of 30 feet from any lot line.
C.
A landscape plan shall be required, prepared by a landscape architect
licensed by the Commonwealth of Pennsylvania. All areas of the development
not covered by impervious surfaces, forest or meadow areas, shall
be landscaped and maintained with suitable ground cover and plants.
Existing vegetation is encouraged to be preserved.
(1)
Landscaped areas shall be continually maintained. Care, grooming
and replacement of dead plants shall be included as part of the required
maintenance.
In the R-L, V and G-C Districts, outdoor cafes shall be permitted
by right as an accessory to a permitted restaurant, conference facility,
or establishment which serves food, subject to the following criteria:
A.
The utilization of sidewalk space beyond the building line, as well
as the use of lawn or yard area, including decks, patios or porches,
shall be permitted to accommodate the serving of food to patrons fronting
on that space. The use of the sidewalk shall consist of tables and
chairs set in front of the restaurant or establishment permitted to
serve food to patrons. There shall be some type of partition which
shall separate the outdoor cafe from the public portion of the sidewalk.
A.
Outdoor recreation areas.
(1)
Parking shall be required as shall be determined to be necessary
for the use and site by the Mount Holly Springs Borough Council or
Zoning Hearing Board.
(2)
A buffer yard of 30 feet in width and a screen planting, of
a height and type as approved by the Mount Holly Springs Borough Council
or Zoning Hearing Board shall be provided.
(3)
Where an outdoor recreational use other than a golf course adjoins
a residential district or residential use, trees and shrubs must be
planted on the site of the recreational use so as to form an effective
visual barrier between the recreational use and the residential use
or district.
(4)
A traffic study is required to demonstrate safe access and control
of traffic into and out of the facility. The traffic study shall include
at a minimum a study of the internal traffic patterns in the off-street
parking area to ensure the safe movement of traffic for pedestrians
and vehicles and convenient access to nearby areas.
B.
Public and nonprofit parks and playgrounds.
(1)
Parking shall be required as shall be determined to be necessary
for the use and site by the Mount Holly Springs Borough Council or
Zoning Hearing Board.
(2)
A buffer yard of 30 feet in width and a screen planting, of
a height and type as approved by the Mount Holly Springs Borough Council
or Zoning Hearing Board shall be provided.
(3)
Where an outdoor recreational use other than a golf course adjoins
a residential district or residential use, trees and shrubs must be
planted on the site of the recreational use so as to form an effective
visual barrier between the recreational use and the residential use
or district.
A.
Power generating facility shall be permitted in the I District by
special exception, subject to the following criteria:
(1)
Every use shall be operated so that it does not emit a dangerous
level of heat, glare, radiation, noise, vibration, fumes, odors or
other objectionable emission beyond any boundary of the site on which
the use is located.
(2)
Outdoor storage and waste disposal.
(a)
No material or wastes shall be deposited upon a site in such
form or manner that they may be transferred off site by natural causes
or forces.
(b)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible by or otherwise attractive
to rodents shall be stored outside in closed containers.
(3)
Landscape requirements:
(a)
The landscape provisions in this chapter are intended to encourage development of an attractive working environment for development, to buffer objectionable views, to provide year-round landscape, and to provide for the mitigation of environmental impacts. The landscape requirements shall be as provided in Chapter 450, Subdivision and Land Development, of the Code of the Borough of Mount Holly Springs. Where conflict exists between this chapter Chapter 450 with regards to landscape requirements, the most restrictive shall apply.
(b)
Suitable planting and landscaping shall be provided in areas
required as setback under the provisions of this article.
(c)
Landscaping is not required for side and rear property lines
behind the front building setback line for property abutting other
industrial zoned property.
(d)
Parking shall not be permitted in the landscape setback abutting
any street.
B.
A written plan of access must be provided by the owner in the event
of emergency conditions such as fire, assuming the worst condition.
The owner's plan of action for emergency access to the building shall
be submitted to the Mount Holly Springs Borough Emergency Management
Agency Officer and the fire companies at the time of submission for
a building permit.
Within the I District, principal waste handling facilities are
permitted by special exception, subject to the following criteria:
A.
Any processing and/or treatment of waste (including, but not limited
to, incineration, composting, steaming, shredding, compaction, material
separation, etc.) shall be conducted within a wholly enclosed building.
B.
No waste shall be deposited, stored or disposed of, and no building
or structure shall be located, within 500 feet of any property line.
C.
Any external area used for the unloading, transfer, storage, or deposition
of waste must be completely screened from view at the property line.
The use of an earthen berm is encouraged where practicable. In addition,
such areas must also be completely enclosed by an eight-foot high
fence, with no opening greater than two inches in any direction.
D.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
E.
The use shall be screened from all adjoining properties.
F.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting to be weighed and/or unloaded will
not back up onto public roads.
G.
All access drives on the site shall be completely paved for a distance
of at least 200 feet from the street right-of-way line. In addition,
if portions of on-site access drives are unpaved, then a fifty-foot
long gravel section of driveway shall be placed just beyond the preceding
200-foot paved section to help collect any mud that may have attached
to a vehicle's wheels. The operator shall be responsible for the removal
of any dirt/mud deposited on the public right-of-way.
H.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against the indiscriminate
and unauthorized dumping, all areas of the site shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
I.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted
to Mount Holly Springs Borough.
J.
The unloading, processing, treatment, transfer, and disposal of waste
shall be continuously supervised by a qualified facility operator.
K.
Any waste that is to be recycled shall be stored in leak and vector
proof containers. Such containers shall be designed to prevent their
being carried by wind or water. These containers shall be stored within
a completely enclosed building.
L.
All storage of waste shall be indoors in a manner that is leakproof
and vector-proof. During normal operation, no more waste shall be
stored on the property than is needed to keep the facility in constant
operation; but, in no event for more than 24 hours.
M.
A contingency plan for the disposal of waste during a facility shutdown
shall be submitted to Mount Holly Springs Borough.
N.
Leachate from the waste shall be disposed of in a manner in compliance
with any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, pre-treatment
may be required and appropriate permits shall be obtained from the
applicable agencies and authorities. In no event shall leachate be
disposed of in any manner inconsistent with the Department of Environmental
Protection's regulations.
O.
All structures shall be set back at least a distance required by
the underlying zoning district or equal to their height, whichever
is greater.
P.
The applicant shall submit an analysis of raw water from either private
or public sources, indicating the quantity of water required. The
applicant will provide a letter indicating that the public or private
source will provide the water needed. In addition, if the facility
is to rely upon nonpublic sources of water, appropriate permits will
be required (i.e., Mount Holly Springs Borough, DEP, and SRBC). A
water feasibility study shall be provided to enable Mount Holly Springs
Borough to evaluate the impact of the proposed construction on the
groundwater supply and on existing wells. The purpose of the study
will be to determine if there is an adequate supply of water for the
proposed construction and to estimate the impact of the new construction
on existing wells in the vicinity. The water feasibility shall be
reviewed by the Mount Holly Springs Borough Engineer.
(1)
A water system which does not provide an adequate supply of
water for the proposed construction, considering both quantity and
quality, or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed construction, shall not be approved
by Mount Holly Springs Borough.
(2)
A water feasibility study shall include the following information:
(a)
Calculations of the projected water needs.
(b)
A geologic map of the area with a radius of at least one mile
from the site.
(c)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells.
(d)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site.
(e)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution.
(f)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined.
(g)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams,
and the groundwater table.
(h)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
Q.
The applicant shall provide a qualified traffic impact report, as described in Chapter 450, Subdivision and Land Development, of the Code of the Borough of Mount Holly Springs.
R.
A minimum 100-foot wide landscape strip shall be located along all
property lines. No structures, storage, parking, or any other related
activity or operation shall be permitted within this landscape strip.
Any fences or other screening erected on the site, must not be located
within this landscape strip.
S.
The applicant shall furnish expert testimony regarding emergency
preparedness measures provided and/or otherwise available to respond
to potential hazards regarding the spill or waste materials during
transport, and potential hazards regarding firefighting of waste materials
upon the site.
T.
No principal waste handling facility shall be located within one
mile of another, as measured in a straight line between closest property
lines.
U.
Maximum building height 35 feet.
V.
Maximum height of fill 50 feet.
W.
A plan for the restoration of all narrow areas shall be submitted
for approval.
X.
The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
Within the R-L, R-1 and R-2 Districts, private clubs are permitted
by conditional use, and by right in the V, and G-C Districts, all
subject to the following criteria:
A.
Parking lots shall be screened from any lot lines of adjoining residences.
B.
All outdoor recreation/activity areas shall be set back at least 50 feet from any property line. Shooting ranges are prohibited unless approved under § 500-1255 of this chapter.
C.
The applicant must furnish evidence as to how the use will be controlled
so as not to constitute a nuisance due to noise or loitering outside
the clubhouse.
Public utility buildings and structures shall be permitted by
right in all districts, all subject to the following criteria:
A.
The applicant must demonstrate that the selected location is necessary
for public service and the use cannot be supplied if located elsewhere.
B.
If located within a residential district, all buildings and structures
shall be designed (to the extent possible) to have the exterior appearance
of a residence.
C.
In any residential district, the outdoor storage of vehicles or equipment,
used in the maintenance of a utility, shall be screened from adjoining
roads and all properties in accordance with this chapter.
D.
There shall be no specific minimum lot size; however, each lot shall
provide front, side, and rear yard setbacks and comply with the maximum
lot coverage requirements and impervious surface as prescribed in
the underlying zoning district.
E.
Height regulations for the underlying zoning district shall be followed.
F.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical, or microwave disturbance, or any other objectionable impact,
nuisance or safety hazard beyond the subject property.
Quarries shall be permitted by conditional use in the R-L and
I district.
A.
As part of each application, the applicant shall furnish an accurate
survey site plan, at a scale no less than one inch equals 400 feet,
showing the location of the tract or tracts of land to be affected
by the operation. The surveyed site plan shall be sealed by a registered
professional engineer or a registered professional land surveyor and
shall include the following:
(1)
The boundaries of the proposed affected area, together with
drainage area above and below the area.
(2)
The location and names of the types of resources to be extracted
or quarried and names of all natural and man-made features, such as
streams, roads, railroads, and utility lines, on or immediately adjacent
to the area.
(3)
The location of all buildings within 1,000 feet of the parcel;
and the names and addresses of the owners and present occupants; total
acreage; names and addresses of adjacent landowners; and the location
of rights-of-way and easements, abutting and/or adjacent zoning districts
and land uses.
(4)
The purpose for which each building is used, and estimated depth
of the proposed operation and land area to be excavated, with dimensions.
(5)
Proposed alterations to watercourses to assure stream quality
and quantity.
(6)
Any proposed fencing and landscaping.
(7)
A contour map showing cross sections of any proposed quarry
area, including a detailed hydrogeologic groundwater study based on
complete site studies.
B.
The applicant shall obtain any required permit or permits from the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
or any successor agency thereto, and shall present such permit or
permits to the Mount Holly Springs Borough Council or Zoning Hearing
Board.
C.
The applicant shall present duplicate sets of the plans, specifications,
applications and supporting data that have been or shall be presented
to the Department of Environmental Protection for review to the Zoning
Hearing Board. If a conditional use or special exception is granted,
the operator shall continue to present such documentation to Mount
Holly Springs Borough when it is submitted to the Department of Environmental
Protection.
D.
Operation of the facility shall at all times comply with all applicable
state and federal statutes and regulations. This shall include, but
not be limited to, the Noncoal Surface Mining Conservation and Reclamation
Act, Act of December 19, 1984, P.L. 1093, No. 219, as amended, 52
P.S. § 3301 et seq., or any subsequent amendment or enactment
of the Pennsylvania General Assembly regulating mining, and the regulations
of the Department of Environmental Protection implementing such statutes.
E.
A fence measuring eight feet high must enclose the area of actual
quarrying or excavation. It shall not be less than 50 feet from the
edge of excavation. The fence used shall have openings less than three
inches in any dimension, if any. A vegetative screen must be provided
along the outside of the fence, facing away from any quarry or excavation,
with plantings (which shall be evergreen) at least 36 inches high
and placed in a double-staggered row with no more than five feet on
center between plants. The vegetation shall be of a variety to obtain
a height of at least eight feet at maturity. Where adjacent to a residential
district or public right-of-way, trees and shrubs shall be planted
which will screen the operation completely from normal view. All screenings
and buffers required by this chapter shall be provided.
F.
The applicant shall demonstrate that the water supplies for neighboring
properties shall not be adversely affected by the proposed use. In
order to fulfill this requirement, the applicant shall submit to the
Zoning Hearing Board a hydrogeologic study performed by a qualified
hydrogeologist or other similar professional. Such study shall be
prepared in accordance with accepted hydrogeological standards and
practices; shall contain the sources of all test data, including,
but not limited to, wells evaluated as part of the study; and shall
clearly set forth the conclusions and recommendations of the professional.
G.
The operator shall limit access to the site to those posted times
when an attendant is on duty. In order to protect the public health,
safety and welfare, access drives shall be secured by fences, locks,
gate, and other means to deny access at unauthorized times.
H.
Vehicular access shall be designed so as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
I.
Sufficiently long vehicle-stacking lanes into the facility shall
be provided so that waiting vehicles to be weighed will not back up
onto public roads.
J.
All access drives onto the site shall be paved to a cartway width
of 35 feet for a distance of at least 200 feet from the street right-of-way
line. In addition, a 100-foot-long crushed-stone section of driveway
shall be placed just beyond the preceding 200-foot paved section to
help collect any mud that may be attached to a vehicle's wheels. The
owner/operator shall be responsible for any dirt/mud deposited on
the public right-of-way.
K.
The facility shall front upon, and gain access from, an arterial or collector, as defined in the Mount Holly Springs Borough Comprehensive Plan, as amended, or Chapter 450, Subdivision and Land Development.
L.
The applicant shall provide an analysis, prepared by a professional engineer experienced in the field of traffic analysis, of the physical conditions of the primary road system serving the site. A traffic study shall be submitted by the applicant in accordance with Chapter 450, Subdivision and Land Development.
M.
If the traffic study demonstrates that improvements to Mount Holly
Springs Borough or state roads shall be required in order to serve
the proposed use or to alleviate the direct impacts of the proposed
use upon the traffic network, the applicant shall make and/or guarantee
cost of such improvements.
N.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by all governmental
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
O.
The operator shall provide Mount Holly Springs Borough with copies
of any notices of violation received from the Department of Environmental
Protection or U.S. Environmental Protection Agency within two weeks
from the date such notice of violation was received by the operator.
P.
There shall be no operations on Sunday or legal holidays and no operation
between 7:00 p.m. and 7:00 a.m. on other days.
Q.
All mining operations shall comply with the following requirements:
(1)
Shall not injure or detract from the lawful existing or permitted
use of neighboring properties.
(2)
Shall not create any damage to the health, safety or welfare
of Mount Holly Springs Borough or its residents or property owners.
(3)
Shall not pollute the air in excess of standards set by federal
or state statutes or regulations.
(4)
Shall not create noises in excess of permitted levels established
by federal or state statutes or regulations or Mount Holly Springs
Borough ordinances.
(5)
Shall not exceed the blasting parameters established by the
Pennsylvania Bureau of Mining and Reclamation.
(6)
Shall not permit vibrations perceptible as detected by the adjacent
or adjoining landowners' natural innate sensory input at any adjoining
or adjacent property in different ownership or at public rights-of-way.
(7)
Shall not permit the emission of dust, smoke, refuse matter,
odor, gas, fumes, noise or similar substances or conditions which
can endanger the health, safety or general welfare or which can cause
any soiling or staining of persons or property at any point beyond
the property line of the use creating the emission.
(8)
Shall not impede the flow of natural watercourses.
(9)
Shall be conducted in a manner which will not allow water to
collect and permit stagnant water to remain in any quarries or excavations.
(10)
The storage of explosives and blasting agents, the bulk storage
of flammable or combustible liquids and the bulk storage of liquefied
petroleum gas must comply with the municipality's Building Construction
Code and all other state and federal regulations applicable to the
types of storage stated in this subsection.
R.
At the time of application for a conditional use or special exception,
an operations statement shall be submitted which shall include a detailed
description of methods for satisfactorily handling operations with
respect to the emission of noise, dust, blast, smoke, refuse matter
or water, odor, gas, fumes or similar substances or conditions which
may endanger the health, safety or general welfare or which can cause
any soiling or staining of persons or property beyond the property
line. All such operations statements shall be in full compliance with
all applicable state and federal statutes and regulations of this
chapter. All pollution, soil erosion and sedimentation control, and
other environmental problems created during the operation, including
the production, transportation, processing, stockpiling, storage and
disposal of products, byproducts and wastes, shall be corrected by
the operator.
S.
At the time of application for a conditional use or special exception,
a reclamation plan shall also be submitted setting forth the following
information:
(1)
An engineering drawing showing ownership, existing and future
topography, streams, existing roads, buildings, boundaries and legal
description of the tract.
(2)
A description of the location, type, extent, methods and time
schedule for the operation proposed.
(3)
A drawing showing the location and/or proposed relocation of
land, trees, buildings, structures, public roads, streams, drainage
facilities and utility lines on the tract or adjacent tracts as may
require protection, repairs, clearing, demolition or restoration either
during or following the completion of the operations proposed.
(4)
A plan for reuse of the land after completion of the operations
which shall permit the carrying out of the purposes of this article
and appropriately provide for any restoration, reclamation, reforestation
or other correction work deemed necessary and which shall comply with
all applicable state and federal statutes and regulations governing
the reclamation of the proposed facility.
T.
As a condition of approval, the operator must certify that, after
the termination of operations, he/she must rehabilitate the area to
conform to the reclamation plan and all applicable federal and state
statutes and regulations.
U.
Within 90 days after the commencement of surface mining operations
and each year thereafter, the operator shall file an operations and
progress report with the Code Enforcement Officer and Mount Holly
Springs Borough Engineer setting forth the following:
(1)
The name and address and telephone number of the operator.
(2)
The location of the operation with reference to the nearest
public road.
(3)
A description of the tract or tracts, including a site plan
showing the location of all improvements, stockpiles, quarry pits,
etc.
(4)
The name and address of the landowner or his duly authorized
representative.
(5)
An annual report of the type and quantity of material produced.
(6)
The current status of the reclamation work performed pursuant
to the approved reclamation plan.
(7)
A maintenance report for the site verifying that all required
fencing, berming and screening has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance have been performed.
(8)
Verification that the proposed use continues to comply with
all applicable state regulations. The operator shall furnish copies
of any approved permits and/or any notices of violations issued by
the Pennsylvania Department of Environmental Protection to the Code
Enforcement Officer and Mount Holly Springs Borough Engineer.
V.
A 500-foot setback shall be maintained from all property lines during
the operation of any quarry or mine, within which quarrying or mining
activities, including blasting and stone crushing, shall not be permitted.
W.
No structures or parking areas shall be located closer than 100 feet
to any property line.
X.
Waste products or waste containers shall not be placed within required
yards. All such containers shall be completely enclosed by a solid
fence or wall.
Y.
Where screening, plantings or fencing has been installed, such screening,
plantings and fencing shall be permanently maintained. All required
plant materials which die shall be promptly replaced in accordance
with recognized nursery standards. All fencing shall be maintained
in good repair.
Within the I District, racetracks are permitted by conditional
use, subject to the following criteria:
A.
The minimum setbacks of all structures from public roads shall be
100 feet.
B.
Such facility shall be situated so that no residential use is located
closer than 500 feet from any property line of the principal use at
the time of approval.
C.
Access to such facility shall be by a paved road. All racetracks
shall have direct access to an arterial or collector roadway, as identified
in the Mount Holly Springs Borough Comprehensive Plan. Traffic shall
not be directed through residential subdivisions or residential streets.
D.
Any lighting provided at such facilities shall be subject to the
provisions of this chapter regarding outdoor lighting of the Mount
Holly Springs Borough Zoning Ordinance.
E.
Accessory uses and/or structures may be permitted in conjunction
with the principal use of the property, provided that such uses are
physically designed as a part of or within the principal structure.
Such uses may include food sales, beverage sales, gift or souvenir
shops, and similar activities.
F.
Noise from the racetrack shall not exceed 80 decibels at 100 feet
from the racetrack property line.
G.
Hours of operation of the racetrack shall be between 9:00 a.m. and
9:00 p.m.
A.
Within the G-C District, commercial recreation or entertainment facilities
except adult-related uses and off-track betting are permitted by right,
subject to the following criteria:
(1)
If the subject property contains more than two acres, it shall
front on an arterial or collector road;
(2)
Those uses involving extensive outdoor activities shall provide
sufficient screening and/or landscaping measures to mitigate any visual
and/or audible impacts on adjoining properties;
(3)
Any structures exceeding the maximum permitted height may be
permitted so long as they are set back from all property lines at
least the horizontal distance equal to their height, plus an additional
50 feet. Furthermore, such structures shall not be used for occupancy;
(4)
The applicant shall furnish expert evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, noise, light, litter, dust and pollution;
(5)
Required parking will be determined based upon a combination
of the types of activities proposed and the schedule listed in this
chapter. In addition, an unimproved grassed overflow parking area
provided for peak use periods may be required. Such overflow parking
areas shall be accessible only from the interior driveways of the
permanent parking lot. Overflow parking areas shall contain fencing
to prevent vehicles from crossing adjoining properties or directly
accessing adjoining roads; and
(6)
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads.
B.
If, at any time after the opening of the commercial recreation facility,
Mount Holly Spring Borough determines that traffic backups are occurring
on adjoining roads, and such backups are directly related to the means
of access to the subject property, Mount Holly Springs Borough can
require the applicant to revise means of access to relieve the undue
congestion.
Within the I District, recycling of paper, plastic, glass and
metal products is permitted by special exception permit, subject to
the following criteria:
A.
All operations, including collection shall be conducted within a
completely enclosed building.
B.
There shall be no outdoor storage of materials processed, used or
generated by the operation.
C.
The applicant shall provide a written documentation of the scope
of operation, and measures used to mitigate problems associated with
noise, fumes, dust, and litter.
D.
The applicant will be required to ensure regular maintenance of the
site to immediately collect stray debris.
Within the R-L District, riding schools and stables are permitted
by right, subject to the following criteria:
A.
No more than 10 equine animals are kept with the exception that one
additional equine animal may be kept for each additional acre of land
over five acres.
B.
All animals, except while exercising or pasturing, shall be confined
in a building erected or maintained for that purpose and shall meet
the following requirements:
C.
All outdoor training, show, riding, boarding or pasture areas shall
be enclosed by a minimum four-foot-high fence and shall be set back
a minimum of 100 feet from any adjacent residence whose owner is not
the owner of this use.
D.
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.
E.
All parking compounds and unimproved overflow parking areas shall
be set back at least 100 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking and/or movement
of vehicles across neighboring properties. There shall be one space
for each nonresident employee and one space for every two equine animals
kept on the property.
Roadside stands for the sale of agricultural products grown
on site shall be permitted by right as an accessory use in the R-L,
V and G-C Districts, subject to the following specific criteria:
A.
All structures used to display goods shall be no more than 500 square
feet in size, and shall maintain a setback of 15 feet from the edge
of the road right-of-way.
B.
A maximum of two signs shall be permitted and shall not exceed 15
square feet in total area, nor exceed a maximum height of 15 feet.
C.
Off-street parking shall be provided for all employees and customers.
Within the R-L and I District, sawmills are permitted by special
exception, subject to the following criteria:
A.
All cutting, sawing, grinding, or other processing shall be conducted
within a completely enclosed building.
B.
No material shall be deposited or stored, and no building or structure
shall be located within 500 feet of any property line.
C.
Any external area used for the unloading, transfer, storage, or deposition
of material shall be completely screened from view at the property
line. The use of an earthen berm is encouraged where practicable.
D.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting will not back up onto public roads.
E.
All access drives onto the site shall be paved for a distance of
at least 200 feet from the street right-of-way line. In addition,
if portions of on-site access drives are unpaved, then a fifty-foot
long gravel section of driveway shall be placed just beyond the preceding
200-foot paved section to help collect any mud that may have attached
to a vehicle's wheels. The owner and/or operator shall be responsible
for removing any mud from public roads caused by person traveling
to and from the site.
F.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted
to Mount Holly Springs Borough.
G.
The hours of operation shall be limited to 7:00 a.m. to 5:00 p.m.
No operations shall be permitted on weekends or legal holidays.
Schools are permitted in the R-L, R-1 and R-2 Districts by special
exception, and in the V and G-C Districts by right, all subject to
the following:
A.
An outdoor play area shall be provided, at a rate of 65 square feet
per individual enrolled. Off-street parking lots shall not be used
as outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a minimum four-foot
high fence, and screened from adjoining land within the R-1, R-2,
R-L, or V Districts. Any vegetative materials located within the outdoor
play areas shall be of a nonharmful type (poisonous, thorny, allergenic,
etc.). All outdoor play areas must provide a means of shade, such
as a shade tree(s) or pavilion(s);
B.
Enrollment shall be defined as the largest number of students under
educational supervision at any one time during a seven-day period.
C.
Passenger "dropoff" areas shall be provided and arranged so that
passengers do not have to cross traffic lanes on or adjacent to the
site.
D.
All educational uses shall be governed by the height and bulk standards
imposed upon principal uses within the underlying District.
F.
Minimum street frontage: 100 feet.
G.
Maximum building coverage: 30%
H.
Maximum lot impervious coverage: 70%
I.
Minimum vegetative coverage: 30%
J.
All off-street parking shall be set back at least 25 feet and screened
from adjoining property lines.
K.
No part of the school property shall be located within 1,000 feet
of a property containing an adult-related facility.
L.
The Zoning Hearing Board shall decide the appropriateness of the
design of parking, lighting and similar features of the proposed use
to minimize adverse impacts on adjacent properties.
M.
Existing trees and vegetation shall be preserved to the extent possible
to keep the area natural.
Within the G-C District, self-storage is permitted by special
exception, and in the I District by right, all subject to the following
criteria:
A.
If a manager/business office is established on the site, at least
four parking spaces must be provided adjacent to the office.
B.
The servicing or repair of stored equipment shall not be conducted
on the premises.
C.
No business activities, other than rental of storage units, shall
be conducted on the premises.
D.
The storage of flammable liquids, highly combustible or explosive
materials, or hazardous chemicals is prohibited.
E.
If a parking area is to be provided for the outdoor storage of recreational
vehicles, such parking shall be in addition to any required parking.
F.
All access drives, parking and loading areas must be paved and shall
be mud-free.
G.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lands shall be at least 26 feet wide when storage
units open onto one side of the lane only, and at least 30 feet wide
when storage units open onto both sides of the lane.
H.
External storage area may be provided for the storage of privately-owned
travel trailers and/or boats, so long as such external storage area
is screened from adjoining land within the R-1, R-2, or V Districts
and adjoining roads, and is located behind the minimum front yard
setback line.
I.
An on-site manager shall be required and shall be responsible for
maintaining the operation of the facility in conformance with the
conditions of approval and all applicable ordinances. Any dwelling
for a resident manager shall comply with all of those requirements
listed within the R-1 District, and shall be entitled to all residential
accessory uses provided in this chapter.
J.
Commercial, wholesale or retail sales are prohibited.
Within the I District, a slaughterhouse, stockyard or tannery
is permitted by special exception, subject to the following criteria:
A.
Minimum lot area: five acres;
B.
The subject site shall have access to a collector or arterial road;
C.
All aspects of the slaughtering, processing, rendering, and packaging
operation, excepting the unloading and holding of live animals, shall
be conducted within a completely enclosed building;
D.
All live animals held outside shall be within secure holding pens
or runways, sufficiently large to accommodate all animals without
crowding;
E.
The applicant shall furnish a working plan for the recovery of escaped
animals which minimizes the potential for animals to enter traffic
or cross property lines, and which shall be continuously implemented;
F.
All animal wastes shall be regularly cleaned up daily and properly
disposed of, so as not to be objectionable at the site's property
line;
G.
The unloading of live animals from trucks into holding pens and their
movement into the plant shall be to immediately identify and appropriately
dispatch any obviously ill or injured animals;
H.
The unloading of live animals and their movement into the plant shall
be conducted in an orderly and calm manner so as to minimize noise
levels;
I.
The loading and unloading of trucks shall be restricted to the hours
between 8:00 a.m. and 6:00 p.m.;
J.
No exterior animal holding pens and/or areas devoted to loading/unloading
of animals shall be located within 200 feet of any property line nor
500 feet of any land within the R-1, R-2, R-L or V Districts;
K.
All animal holding pens and/or areas used for the unloading/unloading
of animals shall be screened from all adjoining properties and shall
include a minimum fifty-foot wide landscape strip;
L.
Sewer and water lines shall be designed and installed to minimize
the potential for leakage and contamination;
M.
Wastewater shall be kept completely covered at all times to reduce
the potential for release of odors. In no event shall wastewater be
disposed in any other manner inconsistent with PA DEP regulations;
N.
All unusable animal byproducts shall be stored indoors in leak and
vector proof containers. In the case of slaughtering or processing
operations which do not do their own rendering, the applicant shall
provide evidence of a written contract with a rendering operation
for the daily disposal of such waste products. In no case shall any
waste products remain on the site for more than 24 hours;
O.
The applicant must demonstrate written compliance with and continue
to comply with, all applicable local, state and federal standards
and regulations;
P.
The use shall provide sufficiently long stacking lanes and on-site
loading/unloading areas so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking or loading/unloading
shall be permitted on or along any public road;
Q.
Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties. Access drives used by trucks shall only intersect with
major collector or arterial roads;
R.
All access drives onto the site shall have a paved minimum thirty-five-foot
wide cartway for a distance of at least 200 feet from the street right-of-way.
In addition, if portions of on-site access drives are unpaved, then
a fifty-foot long gravel section of driveway shall be placed just
beyond the preceding 200-foot paved section to help collect any mud
that may have attached to a vehicle's wheels. The owner and/or operator
shall be responsible for removing any mud from public roads caused
by persons traveling to and from the site; and
A.
Accessory solar energy systems (ASES). Regulations applicable to
all accessory solar energy systems:
(1)
ASES shall be permitted as a use by right in all zoning districts.
(2)
Exemptions.
(a)
ASES with an aggregate collection and/or focusing area of 10
square feet or less are exempt from this chapter.
(b)
ASES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this chapter.
Any physical modification to an existing ASES whether or not existing
prior to the effective date of this section that materially alters
the ASES shall require approval under this chapter. Routine maintenance
or like-kind replacements do not require a permit.
(3)
Industry standards maintained.
(a)
The ASES layout, design, installation, and ongoing maintenance
shall conform to applicable industry standards, such as those of the
American National Standards Institute (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), Florida Solar
Energy Center (FSEC) or other similar certifying organizations, and
shall comply with the PA Uniform Construction Code as enforced by
the Borough of Mount Holly Springs, 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.
(b)
Upon completion of installation, the ASES shall be maintained
in good working order in accordance with standards of the Borough
of Mount Holly Springs codes under which the ASES was constructed.
Failure of the property owner to maintain the ASES in good working
order is grounds for appropriate enforcement actions by the Borough
of Mount Holly Springs in accordance with applicable ordinances.
(4)
All on-site utility, transmission lines, and plumbing shall
be placed underground to the extent feasible.
(5)
The owner of an ASES shall provide the Borough of Mount Holly
Springs written confirmation that the public utility company to which
the ASES will be connected has been informed of the customer's intent
to install a grid-connected system and approved of such connection.
Off-grid systems shall be exempt from this requirement.
(6)
Glare.
(a)
All ASES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(7)
Prior to the issuance of a zoning permit, applicants must acknowledge,
in writing, that the issuing of said permit for a solar energy system
shall not and does not create in the property owner, its, his, her
or their successors and assigns in title or, create in the property
itself: a) the right to remain free of shadows and/or obstructions
to solar energy caused by development of adjoining or other property
or the growth of any trees or vegetation on such property; or b) the
right to prohibit the development on or growth of any trees or vegetation
on such property.
(8)
Decommissioning.
(a)
Each ASES and all solar related equipment shall be removed within
12 months of the date when the use has been discontinued or abandoned
by system owner and/or operator, or upon termination of the useful
life of same.
(b)
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
12 continuous months.
(9)
Permit requirements.
(a)
Zoning/building permit applications shall document compliance
with this section and shall be accompanied by drawings showing the
location of the system on the building or property, including property
lines. Permits must be kept on the premises where the ASES is constructed.
(b)
The zoning/building permit shall be revoked if the ASES, whether
new or preexisting, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the ASES not to be
in conformity with this chapter.
(c)
The ASES must be properly maintained and be kept free from all
hazards, including, but not limited to, faulty wiring, loose fastenings,
being in an unsafe condition or detrimental to public health, safety
or general welfare. In the event of a violation of any of the foregoing
provisions, the Code Enforcement Officer shall give written notice
specifying the violation to the owner of the ASES to conform or to
remove the ASES.
B.
Roof-mounted and wall-mounted accessory solar energy systems:
(1)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(2)
Solar panels shall not extend beyond any portion of the roof
edge.
(3)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of the Borough of Mount Holly Springs that
the roof or wall is capable of holding the load imposed on the structure.
C.
Ground-mounted accessory solar energy systems:
(1)
Setbacks.
(a)
The minimum yard setbacks from side and rear property lines
shall be equivalent to the principal structure setback in the zoning
district.
(b)
A ground-mounted ASES shall not be located in the required front
yard.
(c)
Mount Holly Springs Borough may authorize the installation of
a ground-mounted ASES in front of the principal building, outside
the required front yard, if the applicant demonstrates that, due to
solar access limitations, no location exists on the property other
than the front yard where the solar panel can perform effectively.
(2)
Coverage.
(a)
The surface area of the arrays of a ground-mounted ASES, regardless
of the mounted angle of any solar panels, shall be considered impervious
and calculated in the lot coverage of the lot on which the system
is located.
(b)
The total surface area of the arrays of ground-mounted ASES
on the property shall not exceed more than 15% of the lot area.
(c)
The applicant shall submit a Stormwater Management Plan that
demonstrates compliance with the municipal stormwater management regulations.
(3)
Screening.
(a)
Ground-mounted ASES shall be screened from adjoining residential
uses or districts according to the standards found in this chapter.
(4)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(5)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
D.
Principal solar energy systems (PSES). Regulations applicable to
all principal solar energy systems:
(1)
PSES shall be permitted by special exception use in the Industrial
I Zoning District.
(2)
Exemptions.
(a)
PSES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this chapter.
Any physical modification to an existing PSES, whether or not existing
prior to the effective date of this section that materially alters
the PSES shall require approval under this chapter. Routine maintenance
or like-kind replacements do not require a permit.
(3)
The PSES layout, design and installation shall conform to applicable
industry standards, such as those of the American National Standards
Institute (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), Florida Solar Energy Center (FSEC)
or other similar certifying organizations, and shall comply with the
PA Uniform Construction Code as enforced by the Borough of Mount Holly
Springs 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.
(4)
All on-site transmission and plumbing lines shall be placed
underground to the extent feasible.
(5)
The owner of a PSES shall provide Mount Holly Springs Borough
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.
(6)
No portion of the PSES shall contain or be used to display advertising.
The manufacturer's name and equipment information or indication of
ownership shall be allowed on any equipment of the PSES provided they
comply with the prevailing sign regulations.
(7)
Glare.
(a)
All PSES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(8)
No trees or other landscaping otherwise required by the municipal
ordinances or attached as a condition of approval of any plan, application,
or permit may be removed for the installation or operation of a PSES.
(9)
The PSES owner and/or operator shall maintain a phone number
and identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Borough/Township. The PSES owner and/or operator
shall make reasonable efforts to respond to the public's inquiries
and complaints.
(10)
Decommissioning.
(a)
The PSES owner is required to notify Mount Holly Springs Borough
immediately upon cessation or abandonment of the operation. The PSES
shall be presumed to be discontinued or abandoned if no electricity
is generated by such system for a period of 12 continuous months.
(b)
The PSES owner shall then have 12 months in which to dismantle
and remove the PSES, including all solar-related equipment or appurtenances
related thereto, including, but not limited to, buildings, cabling,
electrical components, roads, foundations and other associated facilities
from the property. If the owner fails to dismantle and/or remove the
PSES within the established time frames, the municipality may complete
the decommissioning at the owner's expense.
(11)
Prior to the issuance of a zoning permit, PSES applicants must
acknowledge, in writing, that the issuing of said permit shall not
and does not create in the property owner, its, his, her or their
successors and assigns in title or, create in the property itself:
a) the right to remain free of shadows and/or obstructions to solar
energy caused by development of adjoining or other property or the
growth of any trees or vegetation on such property; or b) the right
to prohibit the development on or growth of any trees or vegetation
on such property.
E.
Ground-mounted principal solar energy systems:
(1)
Minimum lot size.
(a)
The PSES shall meet the lot size requirements of the underlying
zoning district.
(2)
Setbacks.
(a)
PSES shall comply with the setbacks of the underlying zoning
districts for principal structures.
(3)
Height.
(a)
Ground-mounted PSES shall comply with the accessory building
height restrictions for the underlying zoning district.
(4)
Impervious coverage.
(a)
The surface area of the arrays of a ground-mounted PSES, regardless
of the mounted angle of any solar panels, shall be considered impervious
calculated in the lot coverage of the lot on which the system is located.
(b)
The applicant shall submit a Stormwater Management Plan that
demonstrates compliance with the municipal stormwater management regulations.
(5)
Ground -mounted PSES shall be screened from adjoining residential
uses or districts according to the standards found in this chapter.
(6)
Ground-mounted PSES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
(7)
Security.
(a)
All ground-mounted PSES shall be completely enclosed by a minimum
eight-foot high fence with a self-locking gate.
(b)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence on the
surrounding the PSES informing individuals of potential voltage hazards.
(8)
Access.
(a)
At a minimum, a 25 feet wide access road must be provided from
a state or township roadway into the site.
(b)
At a minimum, a 20 feet wide cartway shall be provided between
the solar arrays to allow access for maintenance vehicles and emergency
management vehicles including fire apparatus and emergency vehicles.
Cartway width is the distance between the bottom edge of a solar panel
to the top edge of the solar panel directly across from it.
(9)
The ground-mounted PSES shall not be artificially lighted except
to the extent required for safety or applicable federal, state, or
local authority.
(10)
If a ground-mounted PSES is removed, any earth disturbance resulting
from the removal must be graded and reseeded.
F.
Roof- and wall-mounted principal solar energy systems:
(1)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of the Township/Borough that the roof or
wall is capable of holding the load imposed on the structure.
(2)
PSES mounted on the roof or wall of any building shall be subject
to the maximum height regulations of the underlying zoning district.
Within the I District, solid waste processing and/or disposal
facilities shall be permitted by special exception, subject to the
following criteria:
A.
The applicant shall obtain any required permit or permits from the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
or any successor agency thereto, and shall present such permit or
permits to the Mount Holly Springs Borough Council or Board of Zoning
Appeals.
B.
The applicant shall present duplicate sets of plans, specifications,
applications and supporting data that have been or shall be presented
to the Department of Environmental Protection for review to the Mount
Holly Springs Borough Council or Board of Zoning Appeals. If a conditional
use or special exception is granted, the operator shall continue to
present such documentation to the Mount Holly Springs Borough when
it is submitted to the Pennsylvania Department of Environmental Protection.
C.
Operation of the facility shall at all times comply with all applicable
state and federal statutes and regulations. This shall include, but
not be limited to, the Municipal Waste Planning, recycling and Waste
Reduction Act or any subsequent amendment or enactment of the Pennsylvania
General Assembly regulating waste recycling and recovery, and the
regulations of the Department of Environmental Protection implementing
such statutes.
D.
The minimum lot area shall be 50 acres for solid waste disposal facilities
and 10 acres for solid waste processing facilities.
E.
A fence measuring eight feet high shall enclose the facility. The fence used shall have openings less than three inches in any dimension, if any. A vegetative screen must be provided along the outside of the fence, facing away from the facility, with plantings at least 36 inches high and placed in a double-staggered row with not less than five feet on center between plants. The vegetation shall be evergreen and of a variety to obtain a height of at least eight feet at maturity. All screening shall be in accordance with Chapter 450, Subdivision and Land Development, of the Code of the Borough of Mount Holly Springs, and buffer yards required shall be in accordance with this chapter. The use shall be screened completely from normal view.
F.
The applicant shall demonstrate that the water supplies for neighboring
properties shall not be adversely affected by the proposed use. In
order to fulfill this requirement, the applicant shall submit to the
Zoning Hearing Board a hydrogeologic study performed by a qualified
hydrogeologist or other similar professional. Such study shall be
prepared in accordance with the accepted hydrogeological standards
and practices; shall contain the sources of all test data, including,
but not limited to, wells evaluated as a part of the study; and shall
clearly set forth the conclusions and recommendations of the professional.
G.
The operator shall limit access to the site to those posted times
when an attendant is on duty. In order to protect the public health,
safety and welfare, access drives shall be secured by fences, gates,
locks or other means to deny access at unauthorized times.
H.
Vehicular access shall be designed as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
I.
Sufficiently long vehicle-stacking lanes (inspected and approved
by the Municipal Engineer) into the facility shall be provided so
that vehicles waiting to be weighed will not back onto public roads.
J.
All driveways onto the site shall be paved to a cartway width of
35 feet for a distance of at least 200 feet from the street right-of-way
line. In addition, a 100-foot long crushed stone section of access
drive shall be placed just beyond the preceding 200-foot paved section
to help collect any mud that may be attached to a vehicle's wheels.
The owner and/or operator shall be responsible for removing any mud
from public roads caused by persons traveling to and from the site.
K.
The applicant shall provide an analysis, prepared by a professional
engineer experienced in the field of traffic analysis, of the physical
conditions of the primary road system serving the site.
L.
A traffic study shall be required in accordance with Chapter 450, Subdivision and Land Development, to demonstrate improvements to Mount Holly Springs Borough or state roads which shall be required in order to serve the proposed use or to alleviate the direct impacts of the proposed use upon the traffic network. The applicant shall make such improvements and/or provide or guarantee financial security in an amount sufficient to cover the cost of such improvement.
M.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by all governmental
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
N.
The operator shall provide the Mount Holly Springs Borough with copies
of any notices of violation received from the Department of Environmental
Protection or U.S. Environmental Protection Agency within two weeks
form the date such notice of violation was received by the operator.
O.
The applicant shall submit an operating schedule to Mount Holly Springs
Borough for review by the Code Enforcement Officer.
P.
Litter control measures shall be implemented to prevent scattering
of materials and a plan for the cleanup of litter shall be submitted
to the Mount Holly Springs Borough Code Enforcement Officer or other
authorized municipal official.
Q.
All municipal waste awaiting recycling or resource recovery shall
be stored within an enclosed area bounded by solid walls or fences.
R.
A 300-foot setback shall be maintained from all property lines during
the operation of the recycling or resource recovery facility within
which recycling or resource recovery activities shall be permitted.
S.
No structures or parking areas shall be located closer than 300 feet
to any property line.
T.
Where screening, plantings or fencing has been installed, such screening,
plantings and fencing shall be permanently maintained. All required
plant materials which die shall be promptly replaced in accordance
with recognized nursery standards. All fencing shall be maintained
in good repair.
U.
The unloading, transfer and disposition of materials shall be continuously
supervised by a qualified facility operator. Vibrations and emissions
into the air shall not be permitted outside the property. All regulations
relating to the control of noise shall be observed.
Within the R-L, R-1, R-2 and V Districts, special occasion homes
are permitted by right, subject to the following criteria:
A.
Special occasion functions may be conducted on the grounds surrounding
the home and in buildings accessory to a residential home.
B.
Catered food service from a licensed facility is permitted without
additional licensing requirements.
C.
The use of a residential dwelling for a special occasion home must
be approved by the Mount Holly Springs Borough Sewage Enforcement
Officer and the system upgraded if necessary.
D.
The source of water to be used by the special occasion home shall
be a potable water source as certified by a test laboratory and a
certified provider.
E.
All special occasion homes shall comply with the Federal Life Safety
Code, the rules and regulations of the Pennsylvania Department of
Labor and Industry, and all other applicable building, safety and
fire codes of the federal, state or local government.
Within the V and G-C Districts, taverns are permitted by right,
all subject to the following criteria:
A.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, light, and/or litter.
B.
The applicant shall furnish expert evidence as to how the use will
be controlled so as to not constitute a nuisance due to noise or loitering
outside the building. Noise levels shall not exceed 45 dBA or 5 dBA
above ambient noise levels as measured at the front, side and rear
property lines.
C.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
D.
The site shall be located a minimum of 150 feet from any school,
child or adult day care facility, community activity center, cultural
facility or church.
Within the I District, truck stops or motor freight terminals
are permitted by special exception, subject to the following criteria:
A.
The subject property shall have a minimum of 300 feet of road frontage
along an arterial road;
B.
The subject property shall be located no closer than 1500 feet from
an R-1, R-2, R-L or V District and/or property containing a school,
day-care facility, park, playground, library, hospital, or nursing,
rest or retirement home;
C.
All access drives onto the same road shall be at least 150 feet from
one another, as measured from closest points of cartway edges;
D.
Off-street parking shall be provided at a rate equal to that required
for each of the respective uses. The applicant shall also present
credible evidence that the number of "oversized" off-street parking
spaces provided for trucks will be adequate to accommodate the expected
demand generated by truck patrons;
E.
Trash receptacles shall be provided amid off-street parking areas
which shall be routinely emptied. Furthermore, a working plan for
the regular cleanup of litter shall be furnished and continuously
implemented by the applicant;
F.
All uses involving drive-through restaurant and/or drive-through
vehicle service and/or washing shall provide sufficient on-site stacking
lanes to prevent vehicle backups on adjoining roads;
G.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. No outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations shall be permitted;
H.
The outdoor storage of unlicensed vehicles is prohibited;
I.
All vehicles and machinery shall be repaired and removed from the
premises promptly;
J.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles and/or parts thereof shall be removed within two
weeks after arrival;
K.
Any exterior public address system shall be designed and operated
so that the audible levels of any messages conveyed over the system
will not exceed the ambient noise levels of the use, as measured at
each of the property lines;
L.
The applicant shall submit a traffic impact report as governed by Chapter 450, Subdivision and Land Development, of the Code of the Borough of Mount Holly Springs;
M.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations. In addition, the
applicant shall prepare, present and abide by an emergency response
plan to handle hazardous material spills and any other reasonable
threat to public health or safety; and
N.
Minimum lot size is 10 acres.
Within the I District, warehousing and wholesale trade establishments
are permitted by right, subject to the following criteria:
A.
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
(1)
The nature of the on-site activities and operations, the types
of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations;
(2)
The general scale of the operation, in terms of its market area,
specific floor space requirements for each activity, the total number
of employees on each shift, and an overall needed site size;
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinance, including, but not limited to, those listed in this
chapter.
B.
A traffic impact report prepared by a professional traffic engineer, according to Chapter 450, Subdivision and Land Development, of the Code of the Borough of Mount Holly Springs; and
C.
Minimum lot size is one acre.
A.
Accessory wind energy facilities (AWEF). Requirements for all AWEF:
(1)
Accessory wind energy facilities (AWEF) shall be permitted by
right in all zoning districts as an accessory use. Applications for
such uses shall be subject to the requirements set forth below, as
well as all other applicable state or federal regulations.
(2)
Permit exemptions.
(a)
AWEF constructed prior to the effective date of this section
shall not be required to meet the requirements of this chapter.
(b)
With respect to an existing AWEF, any physical modification
that materially alters the size, type and number of wind turbines
or other equipment shall require approval under this chapter and meet
the requirements of the Uniform Construction Code. Like kind replacements
shall not require a building or zoning permit modification.
(3)
The layout, design, and installation of AWEF should conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories (UL),
Det Norske Veritas, Germanischer Lloyd Wind Energies, the American
Society of Testing and Materials (ASTM), or other pertinent certifying
organizations and comply with the PA Uniform Construction Code and
all applicable building and electrical codes of Mount Holly Springs
Borough. The manufacturer specifications shall be submitted as part
of the application.
(4)
When an accessory building is necessary for storage or related
mechanical equipment, the accessory building shall comply with the
accessory building requirements of the underlying zoning district.
(5)
The owner of an AWEF shall provide Mount Holly Springs Borough
written confirmation that the public utility company to which the
AWEF will be connected has been informed of the customer's intent
to install a grid connected system and approved of such connection.
Off-grid AWEF shall be exempt from this requirement.
(6)
All on-site utility, transmission lines, and cables shall be
placed underground.
(7)
AWEF shall not be lighted except for any lighting required to
comply with Federal Aviation Administration (FAA) or Pennsylvania
Department of Transportation Bureau of Aviation (BOA) regulations.
(8)
AWEF shall be painted a nonreflective, flat color such as white,
off-white or gray unless required to be colored differently from FAA
or BOA regulations.
(9)
AWEF shall have an automatic braking, governing or feathering
system to prevent uncontrolled rotation, overspeeding and excessive
pressure on the tower structure, rotor blades and turbine components.
(10)
An AWEF shall not cause shadow flicker on any occupied building
on a nonparticipating landowner's property.
(11)
No part of any AWEF shall be located within or above the required
setbacks of any lot, extend over parking areas, access drives, driveways
or sidewalks.
(12)
The owner of the AWEF shall provide evidence that the owner's
insurance policy has been endorsed to cover an appropriate level of
damage or injury that might result from the installation and operation
of the wind energy facility.
(13)
Decommissioning.
(a)
Each AWEF and related equipment shall be removed within 12 months
of the date when the use has been discontinued or abandoned by system
owner and/or operator, or upon termination of the useful life of same.
(b)
The AWEF shall be presumed to be discontinued or abandoned if
no electricity is generated by such AWEF for a period of 12 continuous
months.
(14)
Permit requirements.
(a)
Zoning/building permit applications for accessory wind energy
systems shall be accompanied by standard drawings of the wind turbine
structure and stamped engineered drawings of the tower, base, footings,
and/or foundation as provided by the manufacturer. Permits shall show
the location of the AWEF on the lot, lot lines, rights-of-way, adjoining
occupied buildings, and above ground utility lines located on the
lot. Permits must be kept on the premises where the AWEF is constructed.
(b)
The zoning/building permit shall be revoked if the AWEF, whether
new or preexisting, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the AWEF not to be
in conformity with this chapter.
(c)
The AWEF must be properly maintained and be kept free from all
hazards, including but not limited to, faulty wiring, loose fastenings,
being in an unsafe condition or detrimental to public health, safety
or general welfare. In the event of a violation of any of the foregoing
provisions, the Code Enforcement Officer shall give written notice
specifying the violation to the owner of the AWEF to conform or to
remove the AWEF.
B.
Requirements for ground-mounted AWEF.
(1)
Ground-mounted AWEF may be placed on lots of any size assuming
they meet the height and setback restrictions found in this section.
(3)
Setbacks for ground-mounted AWEF.
(a)
AWEF shall be set back from property lines, occupied buildings,
above ground utility lines, railroads and/or road rights-of-way by
a distance equal to no less than 1.5 times the total height.
(4)
Number of ground-mounted AWEF allowed per lot.
(a)
One ground-mounted AWEF is permitted per lot. Additional ground-mounted
AWEF are permitted by special exception.
(5)
Location.
(a)
Ground-mounted AWEF are prohibited in front yards, between the
principal building and the public street.
(b)
Installation of a ground-mounted AWEF may be authorized in front
of the principal building, outside the required front yard, if the
applicant demonstrates to the (governing body/zoning hearing board)
that, due to wind access limitations, no location exists on the property
other than the front yard where the AWEF can perform effectively.
C.
Requirements for building-mounted AWEF.
(1)
Building-mounted AWEF may be located on any lot regardless of
size.
(2)
Height regulations shall not apply to building-mounted AWEF,
provided the height does not exceed the limitations of the zoning
district for which they are located by more than 15 feet.
(3)
There is no limit on the number of building-mounted AWEF assuming
that the building is capable of supporting the load of the AWEF.
(4)
For building-mounted systems, the applicant shall provide evidence
that the plans comply with the Uniform Construction Code and adopted
building code of the Borough indicating the building is capable of
holding the load imposed on the structure.
D.
Principal wind energy facilities (PWEF). Design and installation.
(1)
Principal wind energy facilities (PWEF) shall be permitted by
special exception use in the Industrial I Zoning District. Applications
for such uses shall be subject to the requirements set forth below,
as well as all other applicable state or federal regulations.
(2)
Permit requirement and exemptions.
(a)
PWEF constructed prior to the effective date of this section
shall not be required to meet the requirements of this chapter;
(b)
With respect to an existing PWEF, any physical modification
that materially alters the size, type and number of wind turbines
or other equipment shall require conditional use/special exception
approval under this chapter and meet the requirements of the UCC.
Like kind replacements shall not require a permit modification.
(3)
The layout, design, and installation of PWEF shall conform to
applicable industry standards, including those of the American National
Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske
Veritas, Germanischer Lloyd Wind Energies, the American Society of
Testing and Materials (ASTM), or other pertinent certifying organizations
and comply with all applicable building and electrical codes of Mount
Holly Springs Borough. The manufacturer specifications shall be submitted
as part of the application.
(4)
Applicants shall submit land development and/or subdivision
plans which shall be compliant with all land development/subdivision
ordinance requirements.
(5)
The applicant shall provide sufficient documentation showing
that the PWEF will comply with all applicable requirements of the
Federal Aviation Administration (FAA) and the Commonwealth Bureau
of Aviation.
(6)
The PWEF shall provide Mount Holly Springs Borough written confirmation
that the public utility company to which the PWEF will be connected
has been informed of the intent to install a grid connected system
and approved of such connection.
(7)
All PWEF shall be equipped with a redundant braking system.
This includes both aerodynamic overspeed controls (including variable
pitch, tip and other systems) and mechanical brakes. Mechanical brakes
shall be operated in a fail-safe mode. Stall regulation shall not
be considered a sufficient braking system for overspeed protection.
(8)
Visual appearance.
(a)
All on-site utility, transmission lines, and cables shall be
placed underground.
(b)
PWEF shall be painted a nonreflective, flat color such as white,
off-white, or gray unless required to be colored differently from
FAA or BOA regulations.
(c)
PWEF shall not be artificially lighted, except to the extent
required by the Federal Aviation Administration or other applicable
authority. If lighting is required, the lighting alternatives and
design chosen shall seek to minimize the disturbance to the surrounding
views.
(d)
The display of advertising is prohibited except for identification
of the manufacturer of the system, facility owner and operator.
(e)
Clearing of natural vegetation shall be limited to that which
is necessary for the construction, operation, and maintenance of the
PWEF.
(f)
Accessory buildings, structures, mechanical equipment.
[1]
Accessory structures and equipment associated with
PWEF 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.
[2]
The design of accessory buildings and related structures
shall, to the extent reasonable, use materials, colors, textures,
screening and landscaping that will blend the structures into the
natural setting and existing environment.
(9)
Warnings and safety measures.
(a)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(b)
All access doors to PWEF, including electrical equipment, outbuildings
and all appurtenances thereto, shall be locked or fenced, as appropriate,
to prevent entry by non-authorized personnel.
(c)
Wind turbines shall not be climbable up to 15 feet above ground
surface or the climbing apparatus shall be fully contained and locked
within the tower structure.
(d)
Visible, reflective, colored objects, such as flags, reflectors
or tape shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
(e)
The applicant will provide a copy of the project summary and
site plan to local emergency services.
(f)
Facility owner and/or operator shall abide by all applicable
local, state and federal fire code and emergency guidelines. Upon
request the applicant, facility owner and/or operator shall cooperate
with emergency services to develop and coordinate implementation of
an emergency response plan for the PWEF.
(11)
Setbacks.
(a)
Wind turbines shall be set back from the nearest property line
a distance of not less than the normal setback requirements for the
zoning district or 1.5 times its total height, whichever is greater.
(b)
Wind turbines shall be set back from an occupied building, on
a nonparticipating landowner's property, not less than two times its
total height measured from the center of the wind turbine base to
the nearest point on the foundation of the occupied building.
(c)
Wind turbines shall be set back from an occupied building on
a participating landowner's property, not less than 1.5 times its
total height measured from the center of the wind turbine base to
the nearest point of foundation of the occupied building. Any operator/occupied
building used in connection with the development are exempt from this
distance limit.
(d)
Wind turbines shall be set back from the nearest public road
right-of-way a distance of not less than the normal setback requirements
for the zoning district or two times its total height, whichever is
greater as measured from the right-of-way line to the center of the
wind turbine base.
(e)
Each wind turbine shall be set back from aboveground electric
power lines, public telephone lines and television cable lines a distance
of no less than two times its total height. The setback distance shall
be measured from the center of the wind turbine generator base to
the nearest point of such lines.
(f)
All wind turbines shall be setback from any ridge a distance
of not less than the wind turbine's total height. For this provision,
"ridge" shall be defined as the elongated crest or series of crests
at the uppermost point of intersection between opposite slopes of
a mountain and including all land lying between such point and an
elevation 250 feet below the elevation of such point.
(g)
Wind turbines shall be set back at least 2,000 feet from important
bird areas as identified by Pennsylvania Audubon and at least 2,000
feet from identified wetlands.
(h)
Each wind turbine shall be set back from any historic structure,
district, site or resource listed in the state inventory of historic
places maintained by the Pennsylvania Historical and Museum Commission
a distance no less than 2,500 feet. The setback distance shall be
measured from the center of the wind turbine generator base to the
nearest point on the foundation of an historic building, structure
or resource, or the nearest property line of an historic district
or site.
(i)
Accessory buildings, structures, and related equipment to the
PWEF shall comply with the accessory building setback requirements
of the underlying zoning district, or be a minimum of 15 feet from
the side and rear property line, whichever is greater.
E.
Operational standards.
(1)
Use of public roads.
(a)
The applicant shall identify all state and local public roads
to be used within the Borough to transport equipment and parts for
construction, operation or maintenance of the PWEF.
(b)
The Borough's engineer, or a qualified third-party engineer
hired by the Borough and paid for by the applicant, shall document
public road conditions prior to construction of the PWEF. The engineer
shall document road conditions within 30 days after construction of
the permitted project is complete, or as soon thereafter as weather
may allow.
(c)
The Borough may require applicant to secure a bond for the road(s)
to be used within the Borough in compliance with applicable regulations
at an amount consistent therewith; or, if not provided by regulation,
an amount set at the discretion of the governing body in consultation
with the Borough Engineer.
(d)
Any road damage caused by the applicant, facility owner, operator,
or contractors shall be promptly repaired to the Borough's satisfaction
at the expense of the applicant and/or facility owner.
(e)
The applicant shall demonstrate that it has appropriate financial
assurance to ensure the prompt repair of damaged public roads.
(f)
Every effort should be made to use existing roads and logging
roads. New deforestation and forest fragmentation should be kept to
a minimum. Private entrance roads to PWEF must be maintained in a
mud-free condition.
(2)
Noise.
(a)
Audible sound from a PWEF shall not exceed 55 dBA, as measured
at the property line between participating and nonparticipating landowners.
(b)
Noise limits may be exceeded during short-term events such as
utility outages and/or severe wind storms
(c)
Methods for measuring and reporting acoustic emissions from
PWEF shall be equal to or exceed the minimum standards for precision
described in American Wind Energy Association (AWEA) Standard 2.1
- 1989 titled Procedures for the Measurement and Reporting of Acoustic
Emissions from Wind Turbine Generation Systems Volume I: First Tier,
as amended.
 |
(3)
A wind turbine shall not cause vibrations through the ground
which are perceptible beyond the property line of the parcel on which
it is located.
(4)
Shadow flicker.
(a)
A PWEF shall not cause shadow flicker on any occupied building
on a nonparticipating landowner's property.
(b)
A PWEF shall be designed in such a manner as to minimize shadow
flicker on a roadway.
(c)
The facility owner and operator shall conduct, at the applicant's
expense, a modeling study demonstrating that shadow flicker shall
not occur on any occupied building on a nonparticipating property.
(5)
Facility owner and/or operator shall ensure that the design
and operation of any PWEF avoids disruption or loss of radio, telephone,
television, cell, Internet or similar signals, and shall mitigate
any harm caused thereby.
(6)
Public inquiries and complaints.
(a)
The facility owner and operator shall maintain a phone number
and identify a responsible person for the public to contact with inquiries
and complaints throughout the life of the project.
(b)
The facility owner and operator shall make efforts to respond
to the public's inquiries and complaints.
(c)
The facility owner and/or operator shall keep a record of all
such inquiries and complaints and shall submit a report thereof to
the Borough in a timely fashion.
(7)
Decommissioning.
(a)
The facility owner or operator shall, at his expense, complete
decommissioning of the PWEF and all related improvements within 12
months of the date when the use of the particular PWEF has been discontinued
or abandoned by the facility owner and/or operator, or upon termination
of the useful life of same. The PWEF shall be presumed to be discontinued
or abandoned if no electricity is generated by such PWEF for a continuous
period of 12 months.
(b)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
(c)
Disturbed earth shall be graded and re-seeded, unless the landowner
requests, in writing, that the access roads or other land surface
areas not be restored.
(d)
An independent and certified professional engineer shall be
retained to estimate the cost of decommissioning without regard to
salvage value of the equipment. Said estimates shall be submitted
to Borough after the first year of operation and every fifth year
thereafter.
(e)
The facility owner or operator shall post and maintain decommissioning
funds in an amount (100% or 110%) of the identified decommissioning
costs, as adjusted over time. The decommissioning funds shall be posted
and maintained with a bonding company or federal or commonwealth chartered
lending institution chosen by the facility owner or operator and participating
landowner posting the financial security, provided that the bonding
company or lending institution is authorized to conduct business within
the commonwealth and is approved by Borough.
(f)
Decommissioning funds may be in form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable to Borough.
(g)
If the facility owner or operator fails to complete decommissioning
within the period prescribed above, then the landowner shall have
six months to complete the decommissioning.
(h)
If neither the facility owner or operator, nor the landowner
complete decommissioning within the periods described above, then
the Borough may take such measures as necessary to complete decommissioning.
The entry into and submission of evidence of a participating landowner
agreement to the Borough shall constitute agreement and consent of
the parties to the agreement, their respective heirs, successors and
assigns that the Borough may take such action as necessary to implement
the decommissioning plan.
(i)
The escrow agent shall release the decommissioning funds when
the facility owner or operator has demonstrated and the Borough concurs
that decommissioning has been satisfactorily completed, or upon written
approval of the Borough in order to implement the decommissioning
plan.
F.
Application requirements. A special exception application for a PWEF
shall include the following:
(1)
A narrative describing the proposed PWEF, including an overview
of the project, the project location, the approximate generating capacity
of the PWEF, the approximate number, representative types and height
or range of heights of wind turbines to be constructed including their
generating capacity, dimensions and respective manufacturers, and
a description of ancillary facilities.
(2)
An affidavit or similar evidence of agreement between the property
owner and the facility owner or operator demonstrating that the facility
owner or operator has the permission of the property owner to apply
for necessary permits for construction and the operation of the PWEF
and setting forth the applicant's and property owner's name, address
and phone number.
(3)
Identification of the properties on which the proposed PWEF
will be located, and the properties adjacent to where the PWEF will
be located.
(4)
A site plan showing the planned location of each wind turbine,
property lines, setback lines, access road and turnout locations,
substation(s), electrical cabling from the PWEF to the substation(s),
ancillary equipment, buildings, and structures, including permanent
meteorological towers, associated transmission lines and layout of
all structures within the geographical boundaries of any applicable
setback.
(5)
A decommissioning plan sufficient to demonstrate compliance
with this chapter.
(6)
A noise study in accordance with the requirements above.
(7)
A shadow flicker study in accordance with the requirements above.
(8)
Other relevant studies, reports, certifications and approvals
as required by this chapter or as may be requested by the Borough
to ensure compliance with this chapter.
(9)
Throughout the permit process, the applicant shall promptly
notify the Borough of any changes to the information contained in
the conditional use/special exception permit application. Changes
to the pending application that do not materially alter the initial
site plan may be adopted without a renewed public hearing.
A.
Purpose. The purpose of this section is to establish reliable standards
for the construction, siting, design, permitting, maintenance, and
use of wireless communication facilities in the municipality. While
the Borough of Mount Holly Springs recognizes the benefit of wireless
communication facilities in providing high quality communications
service and enhancement to its residents and businesses, the Borough
also recognizes that it has an obligation to protect public safety
and to minimize the visual impact of such facilities through the standards
set forth in the following provisions.
B.
Permitted uses for wireless communications facilities (WCF).
(1)
Tower-based wireless communications facilities (WCF) are permitted
by special exception in the Industrial Zoning District.
(2)
Tower-based wireless communications facilities (WCF) located
within a right-of-way are permitted by special exception in the Industrial
and General Commercial Zoning Districts.
(3)
Tower-based wireless communications facilities shall not be
located on a structure that is listed on the National Register of
Historic Places, property designated by the municipality in an adopted
plan as being historically significant, or in a designated historic
district.
(4)
Non-tower wireless communications facilities (WCF) are permitted
by right in all zoning districts and rights-of-way subject to the
requirements of this section.
C.
Bulk and area requirements.
|
Tower-Based
| |||
|---|---|---|---|
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WCF Out of ROW
|
WCF in ROW
| ||
|
Height
|
Tower-based WCFs shall be designed to minimum functional height.
Applicants must submit documentation justifying the total height.
|
Tower-based WCFs shall be designed to minimum functional height.
Applicants must submit documentation justifying the total height.
| |
|
Lot size
|
Only use on lot:
|
Subject to underlying zoning district.
|
Not applicable.
|
|
Combined with another use on lot:
|
Area needed to accommodate the WCF and guy wires, equipment
building, security fence, and buffer planting.
|
Not applicable.
| |
|
Setbacks
|
Towers:
|
Setback from property lines at least 100% of the combined height
of the wireless support structure and antenna, or the underlying district
requirement, whichever is greater.
|
Setback from existing buildings at least 100% of the combined
height of the wireless support structure and antenna.
|
|
Equipment buildings:
|
Subject to underlying zoning district.
|
Not applicable.
| |
|
From a residential district or use:
|
100 feet.
|
100 feet
| |
|
Non-Tower Based
| |||
|---|---|---|---|
|
WCF Out of ROW
|
WCF in ROW
| ||
|
Height
|
On building or similar structure:
|
WCF shall not exceed a height of 15 feet above the roof or parapet,
whichever is higher, unless the WCF applicant obtains a special exception.
|
Not applicable.
|
|
On streetlights, utility poles, traffic signals, signs and similar
structures:
|
Not applicable.
|
WCF located above the surface grade shall consist of equipment
components designed at the minimum functional height and that are
compatible in scale and proportion to the structures upon which they
are mounted. All equipment shall be the smallest and least visibly
intrusive equipment feasible.
| |
|
General:
|
Applicants must submit documentation justifying the total height.
|
Applicants must submit documentation justifying the total height
of the structure.
| |
|
Setbacks
|
Mounted antenna:
|
Subject to underlying zoning district or setback of existing
wireless support structure.
|
Not applicable.
|
|
Equipment buildings:
|
WCF Equipment buildings shall comply with minimum requirements
of underlying District.
|
Not applicable.
| |
|
Lot size
|
Subject to underlying zoning district.
|
Not applicable.
| |
D.
Design, construction, operations.
(1)
All WCF shall be designed, constructed, inspected, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable federal and state technical, and safety codes.
(2)
No WCF shall interfere with public safety communications or
the reception of broadband, television, radio or other communication
services.
(3)
Co-location.
(a)
Tower-based WCF shall be designed to accommodate both the WCF
applicant's antennas and comparable antennae for future users.
(b)
As a condition of approval for all tower-based WCFs, the WCF
applicant shall provide the municipality with a written commitment
that it will allow other service providers to collocate antennae on
tower-based WCFs where technically and economically feasible.
(4)
Signage. Tower-based WCF shall include a posted sign at the
location. Such signage shall include the ownership, contact name and
phone number in the event of an emergency and Federal Communication
Commission (FCC) registration number (if applicable). Such signage
shall not include commercial advertising and is subject to approval
by the Municipality.
(5)
Lighting. WCF shall not be artificially lighted beyond what
is required by law. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
(6)
Noise. WCF shall be operated and maintained so as not to produce
noise in excess of applicable noise standards established by the municipality,
except in emergency situations requiring the use of a backup generator,
where such noise standards may be exceeded on a temporary basis.
(7)
Access.
(a)
An access road, turnaround space and parking shall be provided
to ensure adequate emergency and service access to tower-based WCFs.
(b)
Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(c)
Road construction shall at all times minimize ground disturbance
and the cutting of vegetation.
(d)
Road grades shall closely follow natural contours to ensure
minimal visual disturbance and minimize soil erosion.
(e)
Where applicable, the WCF owner shall present documentation
to the municipality that the property owner has granted an easement
for the proposed facility and maintenance responsibilities.
(f)
The easement shall be a minimum of 20 feet in width and the
access road shall be paved to a width of at least 10 feet throughout
its entire length.
(g)
Vehicular access to the WCF shall not interfere with the parking
or vehicular circulations for a principal use, if located on the site.
(8)
Fencing. A security fence with a minimum height of six feet
shall surround any tower-based WCF located outside a right-of-way,
including guy wires, associated equipment, and buildings.
(9)
Mounting. Any applicant proposing a non-tower WCF, to be mounted
on a building or any other structure, shall submit detailed construction
and elevation drawings indicating how the non-tower WCF will be mounted
on the structure for review by the municipal building codes office
and/or the municipal engineer for compliance with the building code.
(10)
Safety in rights-of-way.
(a)
Schedule of operations. The municipality shall determine the
time, place and manner of construction, maintenance, repair and/or
removal of all WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the municipality and the requirements of
the Public Utility Code.
(b)
Emergency. Within 60 days following written notice from the
municipality, or such longer period as the municipality determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the municipality, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under any one of the following circumstances:
[1]
The construction, repair, maintenance or installation
of any municipal or other public improvement in the right-of-way.
[2]
The operations of the municipality or other governmental
entity in the right-of-way.
[3]
Vacation of a street or road or the release of
a utility easement.
[4]
An emergency as determined by the municipality.
(c)
Visual obstruction. All WCFs and accessory 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 ROW
as determined by the municipality. In no case shall ground-mounted
equipment, walls, or landscaping be located within 18 inches of the
face of the curb, or in an area in which there are no curbs, within
three feet of the edge of cartway.
(11)
Inspections.
(a)
A copy of any inspection report and certification of continued
use, as required by national and state agencies, shall be provided
to the municipality following the inspection. Any repairs advised
by report shall be completed by the owner within 60 calendar days
after the report is filed with the municipality.
(b)
The municipality reserves the right to inspect any WCF to ensure
compliance with the provisions of the chapter and any other provisions
found within the municipal code or state, or federal law. The municipality
and/or its agents shall have the authority to enter the property upon
which a WCF is located at any time, upon reasonable notice to the
operator, to ensure such compliance.
E.
Aesthetics, landscaping, and screening.
(1)
Stealth technology. The WCF shall employ the most current stealth
technology available in an effort to appropriately blend into the
surrounding environment and minimize aesthetic impact.
(a)
Tower-based WCFs shall employ stealth technology and the tower
may be painted an appropriate color to harmonize with the character
of the area and surrounding land uses.
(b)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
(c)
All utility buildings and accessory structures shall be designed
to blend into the environment in which they are situated.
(2)
Landscaping plan. Tower-based WCF located outside the right-of-way
shall submit a landscape plan describing the following:
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
Plant materials needed to form a visual screen shall be located
along the perimeter of the security fence in accordance with the screening
provisions of this chapter.
(c)
Ground-mounted equipment associated with, or connected to, a
tower-based WCF shall be screened from public view using landscaping
and/or screening, as described above.
F.
Replacement, co-location, or modification.
(1)
An application for replacement, co-location or modification
of a previously approved wireless support structure or wireless communication
facility shall be reviewed for conformance with the municipal building
permit requirements, including requirements applicable to the added
structural loading of the proposed antennas and accessory equipment.
These previously approved facilities shall not be subject to the issuance
of new zoning or land use approvals, provided that:
(a)
The proposed co-location, modification or replacement may not
substantially change the physical dimensions of the wireless support
structure to which the wireless telecommunications facilities are
to be attached.
(b)
The proposed co-location, modification or replacement may not
further increase the height of a wireless support structure which
had already been extended by more than 10% of its originally approved
height or by the height of one additional antenna array; provided,
however, that nothing herein shall preclude an applicant from further
increasing the height of a wireless support structure which had already
been extended by more than 10% of its originally approved height or
by the height of one additional antenna array if permitted and approved
by the municipality.
(c)
The proposed co-location, modification or replacement may not
increase the dimensions of the equipment compound approved by the
municipality.
(d)
The proposed co-location, modification or replacement complies
with applicable conditions of approval applied to the initial wireless
telecommunications facilities, equipment compound and wireless support
structure.
(e)
The proposed co-location, modification or replacement may not
exceed the applicable wind loading and structural loading requirements
for the wireless support structure.
(2)
Replacement of wireless communications facilities on existing
wireless support structures or within existing equipment compounds
may be performed by the applicant without obtaining building or zoning
permits from the municipality. The applicant shall submit documentation
regarding any replacement of wireless communication facilities to
the municipality.
(3)
Any substantial change to an existing tower-based WCF shall
require approval of the municipality.
G.
Permit requirements.
(1)
An application for a new tower-based WCF shall not be approved
unless the municipality finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be collocated on an
existing or approved structure or building.
(2)
Any application for approval of a new tower-based WCF shall
include a comprehensive inventory of all existing towers and other
suitable structures within a 1/2 mile radius from the point of the
proposed tower, unless the applicant can show to the satisfaction
of the municipality that a different distance is more reasonable,
and shall demonstrate conclusively why an existing tower or other
suitable structure cannot be utilized.
(3)
Gap in coverage or capacity. An applicant for a tower-based
WCF must demonstrate that a significant gap in wireless coverage or
capacity exists with respect to the applicant in the area and that
the type of WCF being proposed is the least intrusive means by which
to fill that gap in wireless coverage or capacity. The existence or
non-existence of a gap in wireless coverage or capacity shall be a
factor in the municipality's decision on an application for approval
of tower-based WCFs.
(4)
The applicant shall demonstrate that the proposed WCF comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
(5)
Notification. Upon receipt of an application for a tower-based
WCF, the municipality shall mail notice thereof to the owner or owners
of every residential property within 500 feet of the parcel or property
of the proposed facility.
(6)
Review time frame.
|
WCF Review Time frames
| ||
|---|---|---|
|
Borough shall notify the applicant in writing of any information
that may be required to complete application.
|
Borough shall approve or deny the application unless a shorter
time period is applicable under the Pennsylvania MPC.
| |
|
New Tower-Based WCFs
|
Within 30 calendar days of the date the application was filed
with the Borough.
|
Within 150 days* of submission of an application for a WCF.
|
|
Non-Tower-Based WCFs
|
Within 30 calendar days of the date the application was filed
with the Borough.
|
Within 90 days* of submission of an application for a WCF.
|
|
Eligible Facilities** Requests (as defined)
|
Within 30 calendar days of the date the application was filed
with the Borough.
|
Within 60 days* of submission of an application for a WCF.
|
|
NOTES:
| |
|---|---|
|
*
|
The time period may be tolled by mutual agreement or in cases
where the Borough informs the applicant in a timely manner that the
application is incomplete. If an application is considered incomplete,
the time period begins running again as soon as the applicant makes
a supplemental submission, but may be tolled again if the Borough
provides written notice to the applicant within 10 days that the application
remains incomplete and specifically delineates which of the deficiencies
specified in the original notice of incompleteness have not been addressed.
|
|
**
|
The Borough shall only require the applicant to provide documentation
that is reasonably related to determining whether the request is for
an eligible facility.
|
(7)
Retention of experts. The municipality may hire any consultant(s)
and/or expert(s) necessary to assist he municipality in reviewing
and evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this chapter. The applicant and/or owner of the
WCF shall reimburse the municipality for all costs of the municipality's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(8)
Permit fees. The municipality may assess appropriate and reasonable
permit fees directly related to the municipality's actual costs in
reviewing and processing the application for approval of a WCF. The
amount of this fee may not be in excess of the municipality's actual
reasonable cost to review and process the application.
H.
Discontinuation, abandonment and removal.
(1)
Nonconforming WCFs. Any nonconforming WCF which are hereafter
damaged or destroyed due to any reason or cause may be repaired and
restored at their former location, but must otherwise comply with
the terms and conditions of this chapter.
(2)
Discontinuation. In the event that use of a WCF is planned to
be discontinued, the owner shall provide written notice to the municipality
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
(a)
All unused or abandoned WCFs and accessory facilities shall
be removed within six months of the cessation of operations at the
site unless a time extension is approved by the municipality.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the municipality, the WCF and accessory facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the owner of the WCF.
(c)
Any unused portions of WCFs, including antennas, shall be removed
within six months of the time of cessation of operations.
(3)
Bonding. The facility owner or operator shall post and maintain
funds for removal of all structures associated with the WCF in an
amount 110% of the identified removal costs, as adjusted over time.
(a)
The removal funds shall be posted and maintained with a bonding
company or federal or commonwealth chartered lending institution chosen
by the facility owner or operator and participating landowner posting
the financial security, provided that the bonding company or lending
institution is authorized to conduct business within the commonwealth
and is approved by the municipality.
(b)
An independent and certified professional engineer shall be
retained by the applicant to estimate the cost of removal without
regard to salvage value of the equipment. Said estimates shall be
submitted to the municipality after the first year of operation and
every five years thereafter.
