The Board of Supervisors shall grant a conditional use only
if it finds adequate evidence that any proposed development will meet
all the following general requirements as well as any specific requirements
and standards set forth for a use listed under this article:
A. The Board of Supervisors shall, among other things, require that
any proposed use and location be:
(1) Consistent with the spirit, purposes and the intent of this chapter.
(2) In the best interest of Nottingham, the convenience of the community
and the public welfare.
(3) Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
(4) In conformance with all applicable requirements of this chapter and
all other Nottingham Township ordinances.
B. The conditional use shall not involve any element or cause any condition
that may be dangerous, injurious or noxious to any other property
or persons and shall comply with the performance standards of this
chapter.
C. The conditional use shall organize vehicular access and parking to
minimize traffic congestion. The Board of Supervisors shall not approve
a use in areas where a traffic engineering study prepared by registered
engineer specially certified in traffic planning or engineering indicates
that a proposed use or structure will burden existing traffic to enhance
the danger and congestion in travel and transportation and increase
the number of accidents unless the owner or applicant agrees to provide
such traffic improvements as determined by the study.
D. The landowner and/or developer shall have the burden of providing
evidence to Nottingham of compliance with the general requirements
of this section and the specific requirements of this article.
E. The Township Planning Commission may recommend and Board of Supervisors
may attach additional conditions pursuant to this section, to protect
the public's health, safety, and welfare. These conditions may include
but are not limited to increased setbacks.
An access analysis shall be conducted in order to evaluate sight
distance and to identify appropriate lot access points. Traffic signage
control and lighting may need to be provided pending the results of
said access analysis.
All applications for conditional uses for natural gas compressor
stations and natural gas processing facilities shall be submitted
to the Township Secretary pursuant to the procedures set for in this
section. All applications for conditional use approval shall be submitted
in writing on forms provided by the Township and shall include the
required fee, a land development plan and a written statement indicating
compliance with the applicable expressed standards and criteria of
this chapter. Public hearing by the Board of Supervisors shall be
conducted. The following standards and criteria shall apply:
A. The minimum site required for natural gas processing facilities and
natural gas compressor stations shall be 50 acres and site location
limited to the A-1 Zoning Districts.
[Amended 6-17-2019 by Ord. No. 110-C]
B. Natural gas compressor stations shall be limited to the A-1 Zoning
District. Natural gas compressor stations shall be located at a minimum
of 600 feet away from any protected structure.
C. Compressors shall be located within a completely enclosed building.
During periods of normal operation, doors, windows and similar openings
shall remain closed to ensure maximum noise suppression.
D. Compressors and other power driven equipment shall utilize either
gas driven combustion engines or electric motors. No electric power
to be generated on site. This does not preclude on-site standby generation
and transfer of electric power in sufficient amount to preserve essential
safety-related systems in the event of a utility outage. All electrical
installations shall conform to local, state and national codes and
regulations.
[Amended 6-17-2019 by Ord. No. 110-C]
E. All property lines adjoining property in an A-1 Zoning District shall
be screened by a buffer area for the distance necessary to screen
buildings, structures, parking areas, storage and equipment.
F. First responders shall be provided with a complete, detailed list
of all gases, chemicals and waste products produced, stored or distributed
on the site.
G. All waste disposal and storage of gasses or by-products shall be
in accordance with the rules and regulations of the Pennsylvania Department
of Environmental Protection (PA DEP) and any other applicable federal,
state or local agency.
H. No person shall place, deposit, discharge or cause to be placed,
deposited or discharged any oil, petroleum, asphalt, tar, hydrocarbon
substances or any refuse including wastewater or bring from any natural
gas processing facility or the contents of any container used in connection
with any public right-of-way, alley, street, lot, storm drain, ditch
or sewer, sanitary drain, lake, pond, creek or similar body of water
or any private property without permits from the appropriate regulatory
agencies.
I. Drip pans and other containment devices shall be placed or installed
underneath all tanks, containers, pumps, lubricating oil systems,
engines, fuel and chemical storage tanks, system valves, connections
an any other areas or structures that could potentially leak, discharge
or spill hazardous liquids, semiliquids or solid waste materials,
including hazardous waste that is inseparable by simple mechanical
removal processes and is made up primarily or natural material.
J. All chemicals and/or hazardous materials shall be stored in such
a manner as to prevent, contain and facilitate rapid remediation and
cleanup of any accidental spill, leak or discharge of a hazardous
material. The operator shall have all material safety data sheets
(MSDSs), or subsequently legislated documents, for all hazardous materials
on site. All applicable federal and state regulatory requirements
for the proper labeling of containers shall be followed. Appropriate
pollution prevention actions shall be required and include, but are
not limited to, chemical and materials raised from the ground (e.g.,
wooden pallets), bulk storage, installation and maintenance of secondary
containments systems, and protection from stormwater and weather elements.
K. All equipment and facilities shall comply with the noise standards
related to oil and gas development and production and oil and gas
subsurface facilities.
A use not expressly listed within the land use chart may be
considered for a conditional use application upon review and determination
that the applicant's demonstration of the proposed use:
A. Impacts the neighborhood and adjacent streets, circulation and lots
equal to or less than any use specifically listed in the zoning district.
In making such determination, the following characteristics shall
be considered:
(1) The number/density of residents/employees.
(2) The floor area of the building, gross area of the lot and/or scale
of development in devoted to the proposed use.
(3) The type of products, materials, equipment and/or processes involved
in the proposed use.
(4) The magnitude of walk-in trade.
(5) The traffic and environmental impacts and the ability of the proposed
use to comply with the performance standards of this chapter.
(7) The extent of pervious and impervious surfaces in relationship to
that currently present on adjacent lots.
B. Elevations and site plans must be provided with the application.
C. Will not endanger the public health and safety if located where proposed
and that the use will not deteriorate the environment or generate
nuisance conditions such as traffic congestion, noise, dust, smoke,
glare or vibration.
D. Is in general conformity with the adopted Township Comprehensive
Plan and harmony with the area in which it is proposed.
E. Complies with any applicable standards and criteria specified in
this article for the most nearly comparable conditional uses or use
by special exception specifically listed in the zoning district in
which it is proposed is in compliance with all other standards of
this chapter and all other applicable Township ordinances.
[Added 7-2-2018 by Ord.
No. 114]
A. The parcel on which the special event barn is located shall be at
least 10 acres in size and able to accommodate all facets of the event
within the boundaries of the property.
B. Special event barns, fixtures, tents and parking, shall be set back
at least 50 feet from all property lines.
C. Any special event barn shall be subject to the following setback
requirements:
(1) Residential zoning district boundaries: 750 feet.
(2) Existing occupied residential structures: 1,000 feet.
D. Any additions or changes to the barn to accommodate the use as a
special event barn shall be secondary and shall not drastically alter
the visual or material character of the barn except as necessary to
provide for safe use by patrons, and all additions or changes shall
comply with applicable building codes.
E. Attendance at a single event at a special event barn shall be limited
to no more than 200 persons. Staff for the event (e.g., security,
caterers, etc.) shall not be included in the attendance count. The
maximum attendance limit at an event may be reduced below 200 persons
by the Board of Supervisors as a part of the conditional use approval.
F. The conduct of the event including fixtures, tents and parking may
extend to the grounds but may not extend into the building setback
areas.
G. No more than 24 events per calendar year and no more than two per
month shall be permitted at a special event barn, excluding any rehearsal
for the same event.
H. A schedule of event dates shall be provided to the Township on an
annual basis and shall be updated periodically such that the information
provided shall be accurate as to any upcoming special event to be
held at the special event barn.
I. The applicant shall notify Pennsylvania State Police of each special
event 24 hours prior to the start of that event.
J. A special zoning permit for special event barns shall be required.
No special event shall take place without a valid special zoning permit
issued to the owner of the special event barn and such permit is invalid
upon any single violation of any requirement of this chapter, including,
but not limited to, exceeding the permitted number of events annually
and the permitted number of attendees, or violation of any condition
attached to any conditional use approval granted by the Board of Supervisors.
The permit application shall include the following information, at
a minimum, and shall be of a form and substance as determined by the
Township necessary to determine compliance with the requirements of
this chapter:
(1) Proof of conditional use approval.
(2) Documentation of any conditions attached to a conditional use approval.
(4) Written acknowledgement by the applicant and operator of the conditional
use requirements for special event barns.
(5) The dates of the validity of the permit.
(6) Proof of any applicable Township inspections and approvals.
(7) Documentation of the date and time of each special event to be held
and actually held at the special event barn.
K. Parking shall be on the property on which the special event barn
is located. Under no circumstances may parking be on state or Township
roads, on other public property, or on private property other than
that on which the special event barn is located.
(1) The parking area shall be accessible by means of a driveway that
shall be covered by gravel or paved surface and is at least 40 feet
in length. The driveway accessing the parking area shall be wide enough
to accommodate two-way traffic or there shall be separate entrances
and exits to the parking area(s).
(2) Parking shall be in areas covered by gravel. Grass, dirt or mud parking
is prohibited. The size of the parking area shall be adequate to accommodate
all vehicles at the event.
(3) The required building setback areas may not be used for parking.
L. No event may begin before 11:00 a.m. or extend past 11:00 p.m., with
all attendees to exit the premises by 12:00 midnight.
M. All entertainment must end at 10:00 p.m.
N. All entertainment, including but not limited to DJs, music, bands,
a dance floor or a stage shall be limited to the interior of the special
event barn. Outdoor recreation activities conducted by the attendees
shall not be considered entertainment for the purposes of interpreting
this section.
O. If the barn does not include sufficient restroom facilities to meet
building code requirements then portable restroom trailers, approved
by the Washington County Sewage Enforcement Officer, are required.
The restroom trailer(s) must be placed in a location to reduce visibility
from public roads and nearby adjacent residential structures.
P. The owner of the special event barn shall provide bonded, insured
on-site independent security guards for each event, and a certificate
showing that the special event barn is covered by special event liability
insurance shall be displayed at all times.
Q. No sale of food or beverages, including but not limited to, cash
bars, concession stands, or other similar sales, is allowed at any
event associated with the use of the special event barn.
R. Alcoholic beverages may be served only as allowed by local and state
laws. There shall be no sale of alcoholic beverages.
S. Signs shall be erected only in accordance with the sign provisions
of the Township sign ordinance.
T. Any structure being used as a special event barn shall be inspected
and approved by a certified engineer approved by the Township, and
a copy of the engineer's report shall be submitted to the Township
prior to the issuance of the special zoning permit. The structure
must also be inspected and approved by the Township Building Code
Official prior to the issuance of the special zoning permit.
U. Any changes necessary to accomplish the use as a special event barn (e.g., modifications to the building, driveways, parking areas, etc.) are subject to Chapter
360, Subdivision and Land Development, Chapter
340, Stormwater Management, this chapter, and the Uniform Construction Code, where applicable.
V. No pyrotechnics may be used in conjunction with activities associated
with the special event barn.
W. Special events may be held only on Fridays, Saturdays, and Sundays.
X. Trash shall be removed within 48 hours following the end of every
special event.
Y. All trash must be stored within a commercial dumpster and dumpster
area must be fenced on all sides with wood or vinyl fencing six feet
tall.
Z. As part of the conditional use process the Township Supervisors may
impose other reasonable conditions and/or restrictions on each special
event barn.
AA. Any special event barn that has been damaged or destroyed by fire
or other means may be reconstructed and used as before if the restructuring
is performed within 12 months of discontinuance of use and if the
restored building covers no greater area and contains no greater cubic
content than did the building that was destroyed.
[Added 7-2-2018 by Ord.
No. 114]
A. The parcel on which the special event venue is located shall be at
least five acres in size and able to accommodate all facets of the
event within the boundaries of the property.
B. Special event venues, including all fixtures, tents and parking,
shall be set back at least 50 feet from all property lines.
C. Any special event venue as a principal use shall be subject to the
following setback requirements:
(1) Residential zoning district boundaries: 750 feet.
(2) Existing residential structures: 1,000 feet.
D. Attendance at a single event at a special event venue shall be limited
to no more than 300 persons. Staff for the event (e.g., security,
caterers, etc.) shall not be included in the attendance count.
E. The conduct of the event including fixtures, tents and parking may
extend to the grounds but may not extend into the building setback
areas.
F. Parking shall be on the property on which the special event venue
is located. Under no circumstances may parking be on state or Township
roads, on other public property, or on private property other than
that on which the special event venue is located.
(1) The parking area shall be accessible by means of a paved driveway
and parking area must be paved with asphalt or concrete. No gravel
parking is permitted.
(2) The driveway accessing the parking area shall be wide enough to accommodate
two-way traffic or there shall be separate entrances and exits to
the parking area(s).
(3) The size of the parking area shall be adequate to accommodate all
vehicles at any event such that every vehicle is parked within a parking
stall and necessary accessible parking stalls are provided.
(4) The required building setback areas may not be used for parking.
G. No event may begin before 11:00 a.m. or extend past 11:00 p.m., with
all attendees to exit the premises by 12:00 midnight.
H. All entertainment must end by 10:00 p.m.
I. All entertainment, including but not limited to DJs, music, bands,
a dance floor or a stage shall be limited to the interior of the special
event venue. Outdoor recreation activities conducted by the attendees
shall not be considered entertainment for the purposes of interpreting
this section.
J. No pyrotechnics may be used.
K. As part of the conditional use process, the Township Supervisors
may impose other reasonable conditions and/or restrictions.
[Added 7-2-2018 by Ord.
No. 114]
A. The parcel on which the banquet is located shall be at least five
acres in size and able to accommodate all facets of the event within
the boundaries of the property.
B. Banquet halls, including all fixtures, tents and parking, shall be
set back at least 50 feet from all property lines.
C. Any banquet hall shall be subject to the following setback requirements:
(1) Residential zoning district boundaries: 750 feet.
(2) Existing residential structures: 1,000 feet.
D. Attendance at a single event at a banquet hall shall be limited to
no more than 300 persons. Staff for the event (e.g., security, caterers,
etc.) shall not be included in the attendance count.
E. The conduct of the event including fixtures, tents and parking may
extend to the grounds but may not extend into the building setback
areas.
F. Parking shall be on the property on which the banquet hall is located.
Under no circumstances may parking be on state or Township roads,
on other public property, or on private property other than that on
which the banquet hall is located.
(1) The parking area shall be accessible by means of a paved driveway
and parking area must be paved with asphalt or concrete. No gravel
parking is permitted.
(2) The driveway accessing the parking area shall be wide enough to accommodate
two-way traffic or there shall be separate entrances and exits to
the parking area(s).
(3) The size of the parking area shall be adequate to accommodate all
vehicles at any event such that every vehicle is parked within a parking
stall and necessary accessible parking stalls are provided.
(4) The required building setback areas may not be used for parking.
G. No event may begin before 11:00 a.m. or extend past 11:00 p.m., with
all attendees to exit the premises by 12:00 midnight.
H. All entertainment must end by 10:00 p.m.
I. All entertainment, including but not limited to DJs, music, bands,
a dance floor or a stage shall be limited to the interior of the special
event venue.
J. No pyrotechnics or open fires may be used.
K. As part of the conditional use process, the Township Supervisors
may impose other reasonable conditions and/or restrictions.