A.
The specific
standards for certain uses allowed by right with conditions, and for
uses allowed by special exception, are set forth in this article.
Compliance with the applicable standards must be assured to the satisfaction
of the Zoning Officer before any permit is issued pursuant to this
chapter for a use permitted by right with conditions. Compliance with
the applicable standards must be assured to the satisfaction of the
Zoning Hearing Board before a special exception is granted by the
Board.
B.
Any use not provided for in this chapter shall be deemed a use permitted
as a conditional use.
[Added 7-2-2020 by Ord.
No. 2020-03]
(1)
Conditional use approval required. When conditional uses are provided
for in this chapter, the Board of Supervisors shall hear and decide
requests for such conditional uses in accordance with stated standards
and criteria. Conditional uses shall only be granted when the minimum
conditions set forth for the granting of a conditional use have been
met. In granting a conditional use, the Board may attach such reasonable
conditions and safeguards as necessary to implement the purpose and
goals of this chapter and the Comprehensive Plan. Prior to granting
approval or denying a conditional use application, the proposal shall
first be reviewed by the Franklin Township Planning Commission and
may be reviewed by the Adams County Office of Planning and Development.
Furthermore, a minimum of one public hearing shall be held regarding
the proposal by the Board of Supervisors pursuant to public notice.
The grant of approval of a conditional use shall not relieve the applicant
from filing a land development, subdivision, or site plan as required
by other Township regulations and obtaining approval therefor from
the Township.
(2)
Application procedure.
(a)
An application for a conditional use shall be submitted by the
landowner to the Township Secretary with the appropriate filing fee.
(b)
The information required in the application should contain,
as a minimum, the following:
[1]
The location, size and topography of the site and the nature
of the landowner's interest in the land proposed to be developed;
[2]
The density of land use to be allocated to parts of the site
to be developed;
[3]
The use and the approximate height, bulk and location of buildings
and other structures;
[4]
The feasibility of proposals for water supply; the disposition
of sanitary waste; and stormwater management;
[5]
The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed easements or grants for public utilities;
[6]
The provisions for parking of vehicles and the location and
width of proposed streets and public ways;
[7]
The required modifications in any land use regulations otherwise
applicable to the subject property;
[8]
A schedule showing the proposed times within which applications
for preliminary and final approval of all plans are intended to be
filed. This schedule must be updated annually, on the anniversary
of its approval, until the development is completed and accepted.
(c)
The applicant shall inform the Board whether any structures
on the property are listed upon the National Register of Historic
Places, the Pennsylvania Register of Historic Sites and Landmarks
or any other registry of historic structures.
(d)
The Board may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of and ensure compliance
with the Municipalities Planning Code[1] and this chapter, which conditions may include plantings
and buffers, harmonious designs of buildings and the elimination of
noxious, offensive or hazardous elements.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(e)
Any conceptual site plan presented in support of the conditional
use application shall become an official part of the record. Approval
of the conditional use shall bind the use in accordance with the submitted
conceptual site plan. The plan shall not be modified, revoked or otherwise
impaired by action of the Board pending applications for preliminary/final
approval, without the consent of the landowner, provided applications
are filed within the periods of time specified in the official written
communication granting conditional use approval.
(g)
The Zoning Officer should provide a review to the Board regarding
the compliance of the application with this chapter. The Township
staff shall submit a conditional use application to the Planning Commission
for any review that the Commission may wish to provide. However, the
Board of Supervisors shall meet the time limits for a decision, regardless
of whether the Planning Commission has provided comments.
(h)
The only uses that shall be approved as conditional uses shall
be those listed as conditional uses in this chapter.
(i)
The Board of Supervisors shall determine whether the proposed
conditional use would meet the applicable requirements of this chapter.
The same standards shall apply to a conditional use as are listed
for special exceptions use.
(j)
Conditions. In approving conditional use applications, the Board
of Supervisors may attach conditions they consider necessary to protect
the public welfare and meet the standards of this chapter. These conditions
shall be enforceable by Zoning Officer and failure to comply with
such conditions shall constitute a violation of this chapter and be
subject to the penalties described in this chapter.
Adult-oriented facilities must meet all of the requirements
in the district where such special exception use is permitted, except
as modified hereinafter, and all additional requirements and standards
stated hereinafter:
A.
An adult-oriented facility shall not be located within 1,000 feet
of a residential zone or use.
B.
An adult-oriented facility shall not be located within 1,000 feet
of any church, school, library, park, playground, child day-care center
or any other adult regulated facility.
C.
The lot of such business shall not be located within 500 feet of
another adult-oriented business.
D.
The distance between any adult-related use and any land use specified
above shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior property line of
the adult-related use to the closest point on the property line of
said land use.
E.
No material, merchandise, film or service offered for sale, rent,
lease, and loan or for view shall be exhibited, displayed or graphically
represented outside of a building or structure or that can be seen
from the exterior of the building.
(1)
Any building or structure used and occupied as an adult-related use
shall be windowless, or have an opaque covering over all windows or
doors of any area in which materials, merchandise, or film are exhibited
or displayed, and no sale materials, merchandise, or film shall be
visible from outside of the building or structure.
(2)
No sign shall be erected upon the premises depicting pictures and/or
a pictorial representation of the human body or part thereof, nor
shall it include a visual representation of the type of materials,
merchandise, film, service or entertainment offered therein.
F.
Each and every entrance to the structure shall be posted with a notice
of at least four square feet that the use is an adult regulated facility
restricting persons under the age of 18 from entrance.
G.
No unlawful sexual activity or conduct shall be performed or permitted.
I.
No adult-related use may change to another adult-related use, except
upon approval of an additional Special Exception Hearing.
J.
The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate.
K.
No more than one adult-related use may be located within one building
or shopping center.
L.
Parking - One space for every employee on the largest shift; plus
additional spaces as required during the Special Exception Hearing
by the Zoning Hearing Board. The developer will need to provide a
study to show the amount of parking needed for the business type.
Adult or child day-care centers, or nursery schools, must meet
all of the requirements in the district where such use is proposed,
except as modified hereinafter, and all additional requirements and
standards stated hereinafter:
A.
The facility shall obtain a certificate of licensure from the Pennsylvania
Department of Public Welfare and shall provide a copy of said certificate
to the Township prior to occupancy approval by the Township.
B.
Outdoor play areas for children must be located in a side or rear
yard and shall be sufficiently enclosed to provide for the health
and safety of the children as determined by the Zoning Hearing Board.
C.
At least one parking space for each employee plus one space for each
four persons to be served by the facility shall be provided.
A.
AGE-RESTRICTED HOUSING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A residential development of land consisting of multiple
structures constructed expressly for use and residency by persons
who have achieved the minimum age requirement for residency of 55
years or older.
B.
Purpose. The purpose of an age-restricted housing development is
to encourage the development of affordable and market-rate housing
for individuals age fifty-five and over, by allowing the greater variety
of building types at a higher density than would normally be allowed;
by allowing greater flexibility in site planning so as to promote
the sound development of land which reduces residents' burdens of
property maintenance and which reduces demands on municipal services;
and to promote flexibility in land use planning in order to improve
site layouts, protect natural features and environmental values and
utilize land in harmony with neighboring properties.
C.
Age-restricted housing objectives. In making its recommendations,
the Franklin Township Zoning Hearing Board must review the following
mandatory standards requiring that the proposed use, buildings, and
structures for an age-restricted housing development will:
(1)
The site shall be located a minimum 150 feet from an existing roadway.
(2)
A community water and wastewater system is required.
(3)
Provide for visual and noise buffering of the development to minimize
impact to abutting properties.
(4)
Provide for the long-term preservation and maintenance of open space
and recreation areas.
(5)
Provide for long-term maintenance of the stormwater management system.
(6)
Be occupied by:
(a)
Persons who are 55 years of age or older, hereinafter referred
to as "occupant";
(b)
A spouse, or significant other, under 55 years of age, of an
occupant may reside in the occupant's unit, hereinafter referred to
as "spouse";
(c)
A spouse who survives the occupant;
(d)
A spouse where the occupant has entered into a long-term care
facility;
(e)
A mentally or physically handicapped child, brother or sister
of an occupant or spouse who is dependent upon said occupant or spouse
for daily care;
(f)
A paid caregiver providing medical or health care to an occupant
or spouse.
(7)
Keep annual reports of all residents of the development including
said residents' (persons residing in each unit as of the 1st of the
year) name, address, and age. The Township has the right to request
such annual report as deemed necessary by the Board of Supervisors
of Franklin Township.
(8)
The following dimensional, height and density standards shall be
applied to all age-restricted housing developments:
|
Minimum frontage
|
100 feet
| ||
|
Minimum lot area
|
5 acres
| ||
|
Maximum lot area
|
20 acres
| ||
|
Minimum yard setbacks (from property line)
| |||
|
Front
|
100 feet
| ||
|
Side
|
45 feet
| ||
|
Rear
|
45 feet
| ||
|
Minimum structural setback from paved edge of access road
| |||
|
Front
|
Min. 10 feet; Max. 20 feet
| ||
|
Side
|
10 feet
| ||
|
Rear
|
20 feet
| ||
|
Maximum building height
|
2 story/35 feet
| ||
|
Maximum building coverage
|
20%
| ||
|
Minimum landscape buffer
|
20 feet
| ||
|
Minimum open space requirement
|
25%
| ||
|
Maximum density
|
4 units/developable acre
| ||
D.
Building and design standards. In order to achieve a development
that reflects the residential character of the age-restricted neighborhood
in which it is located, the following minimum building and design
standards shall be applied to all structures constructed.
(1)
There shall be no more than four dwelling units per structure.
(2)
No dwelling unit shall contain more than two bedrooms.
(3)
The front facade of all structures shall be oriented toward the access
road serving the premises and not toward any parking lot or abutting
property.
(4)
All structures, principal or accessory, shall have a gabled roofline,
articulated footprint and may have varied facades.
(5)
No structure shall be greater than 10,000 square feet in gross floor
area. Gross floor area shall include attached garages but shall not
include basements.
(6)
A minimum of 25 feet separation between buildings shall be provided
which shall be landscaped.
(7)
Principal structures that abut an access road must provide a six-foot
landscaped buffer along the front and rear yards specifically planted
at the edge of access roads.
(8)
Garages, if provided, shall be attached to and made an integral part
of the principal structure.
(9)
Accessory structures shall comply with all setback requirements and
shall be designed with architectural detailing of similar nature to
the principal buildings located thereon.
(11)
All lighting fixtures shall be integrated into the architectural
style of the development. All exterior structural and site lighting
(not including access road lighting) shall be retained on site and
shall not create a nuisance to abutting properties and streets. All
exterior light sources shall be appropriately shielded from off-premises
viewing. Access road lighting shall be designed to prevent a nuisance
to abutting properties by reason of light and glare.
(12)
One sign, no greater than 16 square feet in size and six feet
in height, shall be allowed at the intersection of the project's access
road with the abutting public way. Signage may be illuminated with
projected lighting, but it shall not be backlit or internally illuminated.
(13)
All stormwater shall be managed on site.
(14)
All structures located within an age-restricted housing development
shall be accessed by new private access roads.
(15)
All access roads shall be designed, constructed, and approved
in accordance with the Subdivision and Land Development Ordinance.
(16)
Parking:
(a)
A minimum of two off-street parking spaces shall be provided
per unit.
(b)
A minimum of one parking space shall be provided for each accessory
or ancillary use buildings located within the development for delivery
vehicles visiting.
(c)
Shall not be located within setback yards. However, a dwelling
unit's driveway is considered an acceptable place to park.
(d)
No parking lots or access drives shall be located within the
minimum twenty-five-foot separation area between structures.
(e)
All parking lots shall be located to the rear of any structure.
(f)
All parking lots shall be screened from abutting access roads,
properties and streets through the use of landscaped berms and evergreen
shrubs and trees a minimum of four feet in height and five feet in
width.
(17)
Landscape buffers, open space and natural resources.
(a)
A minimum of a twenty-foot landscaped buffer shall be provided
along the entire perimeter of the age-restricted housing development.
(b)
A minimum of 25% of the total acreage of the entire age-restricted
housing development shall be set aside as common open space for the
use of the residents.
(c)
Common open space shall consist of large, single contiguous
area of open space, which shall retain those natural features of the
site most worthy of preservation in their natural state, and which
connect with any existing or potential conservation or open space
areas on adjacent parcels. Not more than 25% of the common open space
shall consist of wetlands. A maintenance plan shall be implemented
to ensure the long-term protection of the open space.
(d)
All significant features, including trees of over 12 inches
diameter breast height, identified heritage features, watercourses,
one-hundred-year floodplains, wetlands, ponds, other water bodies,
marshes, stone walls, scenic points, and historic sites shall be preserved.
Single-family detached dwellings may be constructed on land
devoted to agricultural uses in the Agricultural Zone as a special
exception use if the following standards are met:
A.
The dwelling must be a single-family detached dwelling, served by
a pressurized water system and an on-site septic system, in compliance
with all state and local laws, or a community sewage treatment system.
B.
Only a person whose primary occupation is agriculture, and whose occupation is with the owner of the land on which the dwelling is located, may live in the dwelling with his or her family (See § 175-6, definition of "agricultural worker family housing" for what constitutes a "family.").
C.
Only one such dwelling may be situated on a tract or parcel for each
10 acres of agricultural land actively farmed by the owner of the
land on which the dwelling is located. The land actively farmed by
the owner of the land on which the dwelling is located may be owned
or leased.
D.
All inhabitants of the dwelling must vacate the premises if none
of them are primarily engaged in the occupation of agriculture for
the owner of the land on which the dwelling is located.
E.
The single-family dwellings used for agricultural worker family housing
may be mobile homes, manufactured homes, or custom built homes. They
must contain at least one full bathroom, an area for eating, and a
kitchen, in addition to bedrooms.
F.
If such a dwelling is not occupied by an agricultural worker for a period of more than two years, or if the owner of the land is not actively and primarily engaged in agriculture, then the dwelling must be removed from the parcel. If the amount of land actively farmed by the owner of the land is decreased so that there are not 10 acres of actively farmed land for each agricultural worker family dwelling, then the number of dwellings must be decreased to meet the ratio required by Subsection C above.
G.
The applicant for a special exception permit for agricultural worker
family housing must provide to the Zoning Hearing Board a written
statement that this section will be complied with by the applicant
and that it is binding upon his heirs, successors and assigns. The
written statement must be recorded in the Office of the Recorder of
Deeds of Adams County, Pennsylvania, after a decision by the Zoning
Hearing Board in favor of the applicant, but prior to the issuance
of a special exception permit for this use.
Animal hospitals or veterinary clinics must meet all of the
requirements in the district where such special exception use is permitted,
except as modified hereinafter, and all additional requirements and
standards stated hereinafter:
A.
If only small animals are to be treated (dogs, cats, birds and the
like), such hospital or office shall have a minimum lot area as specified
in the district in which it is located.
B.
If large animals are to be treated (cows, horses, pigs and the like),
such office or hospital may be located only in an A District and shall
have a minimum lot size of five acres.
C.
All animal boarding buildings that are not wholly enclosed, and any
outdoor animal pens, stalls or runways shall be located within the
rear yard.
D.
All animal boarding buildings that are not wholly enclosed, and any
outdoor animal pens, stalls or runways shall be a minimum of 100 feet
from all property lines.
E.
All outdoor pasture/recreation areas shall be fenced to prevent the
escape of the animals; all such fenced areas shall be set back a minimum
of 25 feet from all property lines.
F.
The Zoning Hearing Board will make a condition upon approval of the
special exception use that all Animal Hospitals and Veterinary Clinics
shall comply with all applicable state and federal standards and regulations.
A bed-and-breakfast inn must meet all of the requirements in
the district where such use is proposed, except as modified hereinafter,
and all additional requirements and standards stated hereinafter:
A.
A minimum of one off-street parking space per guest room shall be
provided in addition to the required parking for the dwelling unit.
B.
The inn must comply with all applicable regulations, including, but
not limited to, fire, health, safety and building codes prior to occupying
the establishment.
C.
Maximum guest stays shall be limited to 14 consecutive days.
D.
No external appearance modification of the building which would alter
the residential character is permitted, except for the provisions
of fire escapes.
E.
Meals shall be offered only to registered overnight guests.
F.
Bed-and-breakfast operations shall be conducted so as to be clearly
incidental and accessory to the primary use of the site as a single
family detached dwelling.
G.
Either public water and public sewer approved by the PA DEP must
be utilized or else satisfactory evidence must be submitted to assure
that the new or existing on-site system is capable of adequately serving
the proposed use or additional units.
Campgrounds must meet all of the requirements in the district
where such special exception use is permitted, except as modified
hereinafter, and all additional requirements and standards stated
hereinafter:
A.
Use of any recreation vehicle as a permanent residence within any
recreation vehicle park shall be prohibited.
B.
The minimum number of spaces completed and ready for occupancy before
the first occupancy is permitted shall be 10.
C.
There shall be a maximum of 12 recreation vehicles per acre of lot
area in any recreation vehicle park.
D.
A stand upon which to place each recreation vehicle shall be provided.
As used herein, a "stand" is defined as suitable hard surface area
(stone, paved, etc.) at least 300 square feet in size.
E.
Provisions shall be made for the parking of tow vehicles.
F.
Applicable provisions of the Department of Environmental Protection
regulations regarding recreation vehicle parks are met.
G.
Access roads for towing vehicles or motor homes shall be provided
with an all-weather surface.
H.
A minimum lot area of 15 acres shall be provided with a maximum impervious
coverage of 25%.
I.
All buildings, structures, parking areas and campsites shall be located
at least 75 feet from any side or rear property line and at least
100 feet from any public street right-of-way line.
K.
All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining residentially zoned properties. Such
outdoor play areas may only be used exclusively by registered guests
and their visitors.
L.
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 any adjoining residential
property.
M.
Accessory retail or service 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 parcels used for residential
purposes:
N.
All campgrounds containing more than 100 campsites shall have vehicular
access to an arterial or major collector roadway as defined in the
Northwest Adams Joint Comprehensive Plan.
O.
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities. Responsibility for
maintenance of the recreation area shall be with the landowner.
P.
During operation every campground shall have an office in which shall
be located the person responsible for the operation of the campground.
Q.
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 Pennsylvania Department
of Environmental Protection (PADEP). All lighting shall be arranged
and shielded so that no glare or direct illumination shall be cast
upon adjacent properties or public street.
Cemeteries must meet all of the requirements in the district
where such special exception use is permitted, except as modified
hereinafter, and all additional requirements and standards stated
hereinafter:
B.
Area and bulk regulations. All area and bulk regulations of the prevailing
zoning district shall apply with the following exceptions:
E.
No burial plots or facilities are permitted in flood hazard areas.
F.
Screening shall be provided adjacent to any residential use or zone
in accordance with the requirements of this chapter.
Club rooms, club grounds, or meeting halls must meet all of
the requirements in the district where such use is proposed, except
as modified hereinafter, and all additional requirements and standards
stated hereinafter:
Cluster housing developments must meet all of the requirements
in the district where such special exception use is permitted, except
as modified hereinafter, and all additional requirements and standards
stated hereinafter:
A.
Purpose. In the case of single-family residential developments of
10 acres or more, an added degree of flexibility in the placement,
bulk and interrelationship of the buildings and uses within the development
may be approved. The overall intensity of use and density of population
shall be maintained while providing for new or additional design concepts.
The gross area requirement may be waived if the proposed parcel abuts
an existing cluster development, is within an appropriate zoning classification,
and will enable a compatible extension of the existing development.
B.
In establishing a cluster housing development, the following guidelines
shall be followed:
(1)
The total number of permitted dwelling units shall be determined
on the basis of total parcel area, exclusive of rights-of-way. In
no event shall the overall density exceed the permitted density for
single-family detached dwellings.
(2)
Minimum lot area and lot width requirements for single-family detached
and semidetached dwellings may be reduced, but lots for each dwelling
unit shall not be less than 7,000 square feet in area or 70 feet in
width.
(3)
Maximum lot coverage shall not exceed 65%.
(4)
Permitted uses within a cluster development shall be limited to single-family
dwellings and related accessory buildings and uses. Cluster provisions
shall not apply to a mobile home park.
(5)
Public water and public or community sewer approved by the Pennsylvania
Department of Environmental Protection must be utilized.
(6)
Provisions for the future maintenance of all common areas, including,
but not limited to, sewer systems, water systems, open areas, parking
and recreation shall be the responsibility of a homeowners' association
or condominium association. The provisions and any agreements, such
as bylaws for a homeowners' association, shall be subject to the approval
of the Board of Supervisors.
(7)
All other provisions of this chapter and any other applicable ordinance
of the Township shall apply to cluster housing developments.
(8)
The application for a special exception for this use shall contain
the following information:
(a)
A legal description of the property under consideration.
(b)
A site plan showing the location of all existing and proposed
principal and accessory buildings and structures, parking lots, plantings,
driveways, and streets.
(c)
Proposed reservations for parks, playgrounds, and other open
spaces.
(d)
A vicinity map showing the location of the site in relation
to the surrounding neighborhood.
Communication transmitting and receiving facilities must meet
all of the requirements in the district where such special exception
use is permitted, except as modified hereinafter, and all additional
requirements and standards stated hereinafter:
A.
Climbing access to the tower shall be secured from use by unauthorized
persons.
B.
Screening shall be provided adjacent to any adjoining residential
use or zone.
C.
Any exterior lighting shall be directed away from all adjacent properties.
D.
No new communication transmitting and/or receiving facility which
includes a tower, aerial or antenna in excess of 35 feet shall be
constructed unless the applicant proves to the satisfaction of the
Zoning Hearing Board that good faith efforts have been pursued to
locate such facilities on existing structures, towers, aerials, antennae
or other tall facilities located within the area the applicant expects
to service with the proposed facility, and the efforts were rejected
for one or more of the following reasons:
(1)
The proposed additional facilities would exceed the structural capacity
of the existing facilities, and reinforcement of the existing facilities
is not economically feasible;
(2)
The proposed facility would cause frequency interference with existing
equipment which can not be prevented at an economically feasible cost;
(3)
The existing facilities do not have sufficient height, location,
space, or access to allow the proposed facility to substantially perform
its intended function, or no such existing facilities exist in the
proposed service area;
(4)
The proposed facility would cause the existing facilities to exceed
electromagnetic radiation standards as imposed by any governmental
body with jurisdiction over the existing or proposed facilities; and/or
(5)
The applicant has produced proof that a commercially reasonable agreement
could not be reached with the owners or operators of the existing
facilities.
E.
An applicant seeking permission to construct a new communication
transmitting and/or receiving facility which includes a tower, aerial
or antenna in excess of 35 feet shall present proof to the Zoning
Hearing Board that it can provide financial assurance to the Township
to assure the dismantling and removal of such tower, aerial or antenna
upon termination of its use. Such financial assurance must be posted
with the Township at the time that the land development plan, designed
in accordance with the special exception approval, is submitted to
the Board of Supervisors for final approval.
Continuing care retirement communities shall meet all of the
requirements where such special exception use is permitted, except
as modified hereinafter, and all additional requirements and standards
stated hereinafter.
A.
Minimum lot area: minimum of one acre.
B.
Minimum lot width: 150 feet.
C.
Minimum setbacks: 50 feet from all property lines.
D.
Maximum building height: 65 feet, provided that each proposed building
with a height greater than 35 feet shall be permitted only with specific
approval by the Zoning Hearing Board as part of the special exception
review process. Any applicant for special exception use of a building
exceeding 35 feet, as defined elsewhere in this chapter, shall demonstrate
the ability to comply with the following:
(1)
The height of the highest accessible living floor shall not exceed
35 feet above the elevation of the first (ground) floor of the building.
(2)
Building construction types must contain specific fire separations
between floor levels, living units and egress systems, including corridors,
stair towers and elevator shafts, in accordance with the Pennsylvania
Uniform Construction Code (UCC), as stated in the International Building
Code (IBC) 2009, or the most current applicable Code.
E.
Permitted uses: The following types of uses shall be authorized to
be included within a CCRC:
(1)
Residential uses. At least two forms of residential arrangements
shall be provided within a CCRC. Authorized residential arrangements
include independent living, assisted living, personal care and nursing
or skilled units, and may be provided in accordance with the following:
(a)
Independent living units may be of the single-family detached,
two-family or multifamily dwelling unit type.
(b)
Assisted living or personal care units may be of the multifamily
dwelling unit type.
(c)
Nursing or skilled units located within a licensed facility
providing medical care and related services.
(2)
Common uses. The following common uses shall be permitted to be located
within a CCRC:
(a)
Dining facilities to primarily serve the CCRC's residents and
their guests, including central kitchens and dining areas for on-site
preparation and serving of meals.
(b)
Recreation facilities, including but not limited to activity
rooms, auditoriums, lounges and libraries.
(c)
Health care facilities, including but not limited to physical
therapy facilities and services, exercise rooms with equipment and
swimming pools.
(d)
Retail sales uses intended to primarily serve the residents
and employees of the CCRC, provided that such retail sales uses do
not exceed 10% of the total floor area within the CCRC.
(e)
Personal service uses intended to primarily serve the residents
of the CCRC, provided that such personal service uses do not exceed
5% of the total floor area within the CCRC.
(f)
Professional office uses intended to primarily serve the residents
of the CCRC, provided that such professional office uses do not exceed
10% of the total floor area within the CCRC. Floor area devoted to
medical or nursing care services offered directly within a nursing
or skilled care facility shall not be included in calculating this
percentage.
(g)
Chapels.
(h)
Other common uses determined by the Zoning Hearing Board to
be of the same general character as those common uses listed above
and which are customary accessory components of a CCRC.
F.
Minimum habitable floor area: The following minimum habitable floor
areas shall be required for specific dwelling types within a CCRC:
G.
Screening shall be provided adjacent to any adjoining residential use or zoning district in accordance with the requirements of § 175-22.
H.
Public or community water and sewer facilities approved by the Pennsylvania
Department of Environmental Protection shall be utilized.
Convalescent homes, nursing homes or hospitals must meet all
of the requirements in the district where such special exception use
is permitted, except as modified hereinafter, and all additional requirements
and standards stated hereinafter.
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Setbacks: All buildings shall be located at least 50 feet from all
property or street lines.
D.
Screening shall be provided adjacent to any adjoining residential use or zone in accordance with the requirements of § 175-22.
E.
Public water and public sewer facilities approved by the Pennsylvania
Department of Environmental Protection must be utilized.
F.
The facility must comply with all applicable building, health, safety
and fire codes.
A.
Dog training for the detection of explosives must meet all of the
requirements in the district where such special exception use is permitted,
except as modified hereinafter, and all additional requirements and
standards stated hereinafter. Proof of compliance or ability to comply
with the following must be presented to the Zoning Hearing Board at
the hearing on the special exception application for the use of dog
training for the detection of explosives:
(1)
A parking area is provided of sufficient area to allow parking for
vehicles at the rate of one space per dog. Such parking may not be
on or obstruct any access road, but may be in an unpaved field or
open space area on the property.
(2)
Permanent or portable restroom sanitary facilities must be provided.
(3)
Permanent or portable water facilities for dog and human consumption
must be provided.
(4)
All dogs must be leashed or under the direct control of its owner
or handler when on the property outside of the magazine site.
(5)
Dog training for the detection of explosives may be an accessory
use to storage of explosives, provided the provisions set forth in
this section are approved as a special exception and the storage of
explosives use is also approved as a special exception.
Subject to the requirements below, the following home occupations
may be authorized only in a dwelling unit or accessory building: physician,
dentist, clergyman, lawyer, engineer, accountant, architect, teacher,
artist, licensed insurance or real estate agency, repair shop, furniture
refinishing, retail sales, seamstress, barber, beautician and similar
occupations.
A.
Employees. No person other than a resident of the dwelling unit may
practice the occupation. No more than two persons shall be employed
to provide secretarial, clerical or other assistance.
B.
Pupils. No more than 10 pupils may receive instruction at a time.
C.
Coverage. Not more than 30% of the floor area of the dwelling unit
may be devoted to a home occupation, including storage of supplies.
If located in an accessory building(s), the total area devoted to
the home occupation(s) shall not exceed an area equal to 50% of the
habitable floor area of the dwelling unit.
D.
Appearance. The character or external appearance of the dwelling
unit must be that of a dwelling. No display of products may be shown
so as to be visible from outside the dwelling or accessory building.
A sign not larger than two square feet in area is permitted and may
be illuminated only by indirect lighting that is shielded so as not
to create glare for neighboring properties or motorists.
E.
Parking. Besides the required parking for the dwelling unit, off-street
parking located in the rear yard, in addition to those required for
a single-family use, is required as follows for each home occupation:
(1)
Two spaces for the home occupation and one space for each nonresident
employee per shift, plus;
(2)
Two spaces in addition to those required by Subsection E(1) shall be provided for a physician, dentist, barber or beauty shop.
(3)
Garages shall not be considered parking area for home occupations.
Each space provided shall not have direct access to the street to
avoid vehicles backing into the flow of traffic.
F.
Outdoor storage. If an outdoor storage area is necessary, it must
be located to the side or rear of the principal building and screened
from view.
G.
Nuisance effects. The occupation shall not create objectionable noise
or odor that can be detected from outside the building; nor shall
it create traffic or parking problems.
H.
Impact on neighborhood. A home occupation shall not in any way alter
the character of a neighborhood nor in any way adversely affect the
sale and comfortable enjoyment of properties in the vicinity.
I.
Permit; fee. There shall be a fee for a home occupation permit, as
set from time to time by resolution of the Board of Supervisors. The
current list of fees is on file in the Township office.
A.
Industrial/business park support businesses.
(1)
The following support uses are permitted in industrial and business
parks when approved by the Zoning Hearing Board as a special exception.
(a)
Retail establishments serving the needs of businesses or light
industrial uses, including but not limited to, pharmacies, coffee
shops, restaurants (excluding those with drive-through service), and
new stands, excluding adult businesses.
(b)
Service establishments serving the needs of businesses or light
industrial uses, including but not limited to, automated bank machines,
financial consulting services, fitness centers, day-care centers,
and travel consultants, excluding adult businesses and drive-through
service.
(c)
Hotels provided no hotel shall be located within 1,500 linear
feet of any other hotel within the same industrial or business park.
(2)
The industrial/business park support uses shall meet the following
minimum standards in addition to standards set forth in this article
for specific uses.
(a)
The use(s) shall be oriented to the interior of the development
and shall be visually screened from view of the abutting right-of-way.
(b)
External identification signs shall not be permitted except
where directories or kiosks list all uses within a development.
(c)
Except for day care, fitness centers and hotels, which may occupy
a freestanding structure, the approved special exception uses shall
not take up more than 25% of the first floor area of a primary structure
devoted to permitted uses. All support uses shall be limited to the
first floor of the structure.
B.
Access.
(1)
Access shall be via an arterial or major collector road as identified
in the Northwest Adams Joint Comprehensive Plan or a road having adequate
structural and geometrical characteristics as determined by the Township
Engineer to handle the anticipated future truck traffic.
(2)
Traffic entrances and exits shall be located 300 feet from residential
uses to minimize truck traffic noise and vibration.
C.
A traffic impact study shall be required.
D.
Minimum tract area: 15 acres.
E.
Minimum tract width: 400 feet.
G.
Maximum lot coverage shall be 50% unless additional area is required
for stormwater management facilities.
H.
Appearance. To the extent possible, the appearance should be harmonious
with adjoining properties. These features include, but are not limited
to: landscaping, enclosure of principal and accessory uses, heights,
signage, structural density and architecture.
I.
An infrastructure plan showing the adequate of water and sewer shall
be required at the time of subdivision and land development.
J.
K.
Areas held in common ownership.
(1)
If any of the buffer areas, open spaces, street or parking areas
are held in common ownership for the development, the developer or
owner must submit a detailed statement including covenants, agreements
or specific documents showing the ownership and method of maintenance,
financial responsibility and utilization of the common areas within
the development.
(2)
The Township Solicitor shall review such documents to determine whether
they adequately provide for the creation and maintenance of common
areas.
(3)
Such documents shall provide that any alteration or amendment to
the agreements shall not be accomplished without the express review
and consent of the Township.
Junkyards or automobile dismantling plants must meet all of
the requirements in the district where such special exception use
is permitted, except as modified hereinafter, and all additional requirements
and standards stated hereinafter:
A.
Lot area: five acres minimum; 10 acres maximum.
B.
Lot width: 300 feet minimum.
C.
Setbacks: Any area used for this purpose must be at least 50 feet
from any property line, and at least 500 feet from the center line
of any public road.
D.
The area to be used must be completely enclosed with a six-foot-high
opaque fence and must include appropriate vegetative screening.
E.
No material may be stored or stacked so that it extends above the
height of the fence.
F.
No garbage or other organic waste or hazardous materials shall be
stored on the premises.
G.
The premises shall be maintained so as not to constitute a public
nuisance or health hazard to the community or nearby residents or
to create a place for breeding of rodents or vermin.
H.
The manner of storage, arrangement of junk and the drainage facilities
shall be designed so as to prevent the accumulation of stagnant water
and to facilitate access for inspection purposes and firefighting.
Kennels must meet all of the requirements in the district where
such special exception use is permitted, except as modified hereinafter,
and all additional requirements and standards stated hereinafter:
A.
Lot area: two acres minimum.
B.
Lot width: 250 feet minimum.
C.
All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls, runways or fenced enclosures shall be
located at least 100 feet from all property or street lines.
D.
All animals must be housed within a structure except while exercising.
E.
All outdoor exercise areas shall be enclosed to prevent the escape
of animals.
Medical clinics must meet all of the requirements in the district
where such special exception use is permitted, except as modified
hereinafter, and all additional requirements and standards stated
hereinafter:
A.
Lot area: 1 acre minimum.
B.
Lot width: 150 feet minimum.
C.
Setbacks: All buildings shall be located at least 25 feet from any
property line and 50 feet from a street line.
D.
Public water and sewer facilities approved by the Pennsylvania Department
of Environmental Protection must be utilized.
E.
Buffers and screens shall be provided adjacent to any adjoining residential use or zone in accordance with the requirements of § 175-22.
F.
Appearance should be harmonious with adjoining properties. This feature
includes but is not limited to landscaping, height control, sign control,
building coverage, and architectural controls.
G.
Accessory services, including laboratories and pharmacies for the
use of patients visiting medical practitioners in the clinic, may
be permitted in the R Zone as part of the clinic facility subject
to the following specific conditions:
(1)
All entrances to parts of the building in which these accessory services
are provided shall be from within the building, and any direct access
from the street is prohibited.
(2)
The hours during which these services are provided shall be the same
as those during which medical practitioners are receiving patients.
(3)
Signs or other evidence advertising or indicating the provision of
these services visible from outside the building are prohibited; except
that there may be erected one sign not exceeding two square feet in
area attached to the building, any illumination thereof being white,
nonflashing, and limited to an enclosed lamp design.
Mini-storage facilities must meet all of the requirements in
the district where such special exception use is permitted, except
as modified hereinafter, and all additional requirements and standards
stated hereinafter:
A.
Parking for the individual storage units shall be provided by parking/driving
lane adjacent to the buildings. These lanes shall be at least 20 feet
wide where access to storage units is only on one side of the aisle
and at least 24 feet wide where access to storage units is on both
sides of the aisle.
B.
If a manager/business office is established on the site, at least
four parking spaces must be provided adjacent to the office.
C.
The servicing or repair of stored equipment shall not be conducted
by tenants on the premises. Also no business activities shall be conducted
within the storage units.
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 outdoor lights shall be shielded to direct light onto the uses
established and away from adjacent property.
G.
All access drives, parking and loading area must be paved or covered
with crushed stone so as to render such area dust-free and passable
in all weather conditions.
Mobile home parks must meet all of the requirements in the district
where such special exception use is permitted, except as modified
hereinafter, and all additional requirements and standards stated
hereinafter:
A.
The minimum parcel size for any mobile home park development shall
be 10 acres. No more than 40% of the subject property shall be covered
with buildings, parking and loading areas and/or other impervious
surfaces.
B.
The maximum number of mobile home units shall be limited to four
per gross acre.
C.
No mobile home lot shall be within 50 feet of a park boundary, nor
within 50 feet of an outside street right-of-way. This area shall
constitute the mobile home park boundary area.
D.
Each mobile home lot shall have a minimum front yard of 30 feet,
rear yard of 25 feet, and two sides of 10 feet each. In no case shall
the distance between any two mobile homes be less than 20 feet.
E.
Each mobile home lot shall abut on a park access drive with access
to such access drive. Access to all mobile home lots shall not be
from public streets or highways.
F.
No less than 40% of the total mobile home park area shall be set
aside for recreation and open space purposes.
G.
No service buildings or offices may be constructed within the required
recreation and open space area, except for recreational structures.
H.
Walking paths shall be provided throughout the common open spaces.
Areas along waterways shall be preserved as natural greenways.
I.
Protective skirting shall be placed around the area between the ground
surface and the floor level of each mobile home so as to prevent that
area from forming a harborage for rodents, creating a fire hazard,
or exposing unsightly conditions.
J.
No travel or vacation trailer or other form of temporary living unit
shall be placed upon any mobile home stand or used as a dwelling within
the mobile home park.
K.
Individual mobile home owners may install accessory or storage sheds,
extensions and additions to mobile homes and exterior patio areas.
Any such facilities so installed shall not intrude into any required
minimum front, side or rear yard and in every case, shall substantially
conform in style, quality and color to the existing mobile homes.
L.
Each mobile home shall be provided with a minimum of two parking
spaces which shall be located on the mobile home space.
M.
All mobile home parks shall be screened from adjoining properties
and roads. Screening methods shall be described and graphically depicted
as part of the conditional use. All existing deciduous trees and evergreen
trees greater than four inches in width or 15 feet in height within
the buffer area shall be preserved except where clearance is required
to provide accessways or required sight distances or except where
replaced by healthier trees or trees of a different species. Every
mobile home lot or space shall contain at least two trees, with the
deciduous trees having a width of four inches and the evergreen trees
having an initial height of four feet.
Multifamily dwellings must meet all of the requirements in the
district where such use is proposed, except as modified hereinafter,
and all additional requirements and standards stated hereinafter:
A.
In the case of a multifamily dwelling where the dwelling units are
located on a single lot and share with other units a common yard area
(e.g., garden apartments), the following requirements shall apply:
(1)
Lot area: 40,000 square feet.
(2)
Lot width: 150 feet minimum.
(3)
Side setback: Minimum side setbacks of 15 feet each shall be provided
from the property line.
(4)
Density. The maximum density shall be 10 dwelling units per acre
of lot area.
(5)
Distance between buildings: Where two or more multifamily dwellings
are located on a single lot or parcel, the minimum distance between
principal buildings shall be 40 feet.
(6)
Length of buildings: 200 feet maximum.
(7)
Public water and public or community sewer facilities approved by
the Pennsylvania Department of Environmental Protection must be utilized.
(8)
Buffers and screens conforming to the requirements of § 175-22 shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
(9)
All parking areas shall be located at least 10 feet from any property
line or street line.
B.
In the case of a multifamily dwelling where individual dwelling units
are located on separate lots (e.g., townhouses or row houses), the
following requirements shall apply:
(1)
Lot area: Each lot shall have a minimum area of 2,000 square feet.
(2)
Lot width: Each lot shall have a minimum width of 20 feet.
(3)
There shall not be more than six dwelling units in any one row.
(4)
Dwelling units at the end of a row shall have a minimum side setback
of 20 feet.
(5)
Public water and public or community sewer facilities approved by
the Pennsylvania Department of Environmental Protection must be utilized.
(6)
Density: The maximum density shall be 12 dwellings units per acre
for the tract.
(7)
All parking areas shall be located at least 10 feet from any property
line or street line.
C.
Provisions for the future maintenance of all common areas, including,
but not limited to, parking and recreation, shall be explicitly provided
with the proposed project. The provisions and any agreements, such
as bylaws for a property association, shall be subject to the approval
of the Board of Supervisors.
Outdoor commercial recreational establishments must meet all
of the requirements in the district where such special exception use
is permitted, except as modified hereinafter, and all additional requirements
and standards stated hereinafter:
A.
Setbacks. The area to be used for recreational purposes must be set
back at least 50 feet from any property or street line.
B.
Exterior lighting shall be shielded from all adjoining properties.
C.
Where an outdoor recreational use, other than a golf course, adjoins
a residential use, trees or shrubs must be planted on the site of
this use so as to form an effective visual barrier between the outdoor
recreational use and adjoining residential properties.
D.
Depending upon the specific nature of the proposed use, additional
screening or buffering may be required to protect adjoining properties.
E.
Existing trees and vegetation shall be preserved, to the extent possible,
to keep the area natural.
F.
The following standards for uses and performance standards shall
be applicable to golf courses:
(1)
The course shall be comprised of at least 18 holes.
(2)
Minimum length from median tee location to the center of the green
for the 18 holes shall not be less than 3,000 yards.
(3)
Minimum area occupied, maintained and operated as the golf course shall not be less than 100 acres, measured and calculated by utilizing the minimum setback distance set forth in Subsection F(9) hereinbelow as the exterior boundary of the golf course. The area of any golf course shall be delineated on the development plan, and shall include (and shall be defined as) the area of all greens, all tees, all fairways, typical and/or delineated "rough" areas, cart path alignments necessary to reasonably play the course, and the areas (acreage) of the clubhouse, pro shop, driving range, maintenance building and parking lot(s). Easements over private property may be included to allow errant ball retrieval (which easements shall not be included in the area of the golf course). The minimum gross acreage of the golf course property, in and upon which a golf course may be located, shall be 150 acres.
(4)
The course shall be designed so that golf balls are highly unlikely
to enter any existing public or private roads, streets and/or rights-of-way
and property not a part of the golf course.
(5)
A clubhouse (with restaurant and food service facilities), pro shop,
driving range, maintenance building and parking lot(s) shall be permitted.
These facilities, with the exception of parking lots, shall be a minimum
of 150 feet from any exterior perimeter property line (whether existing
or subsequently created) of the golf course property. Parking lots
shall be set back a minimum of 75 feet from any public road right-of-way
line, and a minimum of 100 feet from any exterior property line (whether
existing or subsequently created) of the golf course property.
(6)
Any outdoor lighting shall be shielded in such a way that the lighting
is not directed toward or intrusive upon any properties adjacent to
the golf course property. All lighting shall be directed away from
public road rights-of-way.
(7)
Maximum auxiliary building coverage. No more than 0.5% of the gross
acreage of the golf course property shall be covered and/or utilized
for the clubhouse, pro shop and maintenance building.
(8)
Maximum impervious surface coverage [including parking lot(s), whether
paved or gravel] shall be no more than 5% of the gross acreage of
the golf course property.
(9)
The edges of fairways and greens shall be set back a minimum of 40
feet from any existing property or lot line, street right-of-way line
and/or parking area.
(10)
The design of the golf course shall prohibit the driving or
hitting of golf balls across any building, street or parking area,
whether existing or proposed.
(11)
No outdoor storage of maintenance equipment shall be permitted,
with the exception of large items, such as tractors and tractor-drawn
mowers, which may be parked and stored outside, in the immediate vicinity
of the maintenance building. Golf carts shall be stored indoors or,
if stored outside, shall be screened from view, with fencing and/or
landscaping, from adjoining public roads and neighboring properties.
(13)
The applicant shall provide documentation, prepared by a professional
engineer or geologist, that no well or natural water supply within
the radius of influence, or, at a minimum, within 1/4 mile of any
boundary of the golf course development water source, will be adversely
impacted by the water usage for the golf course.
(14)
The golf course shall be designed so as to mitigate the environmental
impact thereof with regard to soil conservation and stormwater runoff
concerns. The golf course shall be designed to minimize stormwater
runoff and to accommodate runoff from associated development areas
(with specific reference to the then-current edition of the Best Management
Practices for Developing Areas in Pennsylvania manual prepared under
the direction of the Association of Pennsylvania County Conservation
Districts). In addition, the golf course shall be designed to minimize
the need for fertilizers, to minimize site grading, to minimize runoff
of fertilizers, pesticides and herbicides, and utilize primarily native
vegetation. The golf course and any housing development therein shall
be subject to, and shall comply with, existing stormwater management
requirements.
A.
Minimum lot area: 10 acres.
B.
Minimum lot width: 300 feet.
C.
The land development plan shall show the shot fall zone in accordance
with the National Rifle Association (NRA) guidelines for various types
of ranges (NRA Range Development Manual). Adjacent areas must be predominantly
undeveloped and the range area must be at least 200 feet from any
property or street right-of-way line or in accordance with the shot
fall zone and the guidelines of the NRA.
D.
The shot fall zone must also be located at least 1,000 feet from
any property lines.
E.
An earthen background berm must be provided within 20 feet of the
farthest target post to prevent wild or ricocheting bullets or wild
or stray arrows. The berm shall meet the following requirements.
(1)
The berm shall have a slope of not less than one vertical to two
horizontal and must extend at least eight feet above the ground level
of the highest target.
(2)
The crest of the berm at the eight-foot-minimum height limit shall
be at least four feet in width as measured between the wall of the
berm facing the range and the opposite wall.
(3)
Earthen side berms must be provided immediately adjacent to the range
and shall extend from the firing line to the background berm.
F.
Only targets mounted on target posts shall be permitted. No targets
of any kind shall be set directly on the ground.
G.
Warning signs must be posted at least 10 feet from the outside of
the berm of sufficient size to be read outside the shot fall zone.
H.
The firing range shall be free of gravel and other hard surface materials
and be adequately drained.
(1)
Adult supervision must be provided for children under 16 years of
age.
I.
The Zoning Hearing Board may require an NRA Range Valuation by an
NRA site assessment team prior to range development.
J.
Hours of operation shall be limited for trap, skeet, rifle and pistol
ranges to daylight hours, Monday through Saturday, with no Sunday
operations.
Parks or other open space areas of a nonprofit nature must meet
all of the requirements in the district where such special exception
use is permitted, except as modified hereinafter, and all additional
requirements and standards stated hereinafter:
A.
Consideration shall be given to traffic problems. If the nature of
the park or open space area is such that it will generate a high volume
of vehicular traffic, then access shall be via a major thoroughfare
as designated in the Northwest Adams Joint Comprehensive Plan.
B.
Consideration shall be given to the appropriateness of the design
of parking, lighting, and similar features of the proposed use to
minimize adverse impacts (noise, litter, exhaust from cars, lighting,
etc.) on adjacent properties.
C.
Existing trees and vegetation shall be preserved, to the extent possible,
to keep the area natural.
Personal service businesses or professional or business offices
must meet all of the requirements in the district where such special
exception use is permitted, except as modified hereinafter, and all
additional requirements and standards stated hereinafter:
A.
A planned golf community property shall only be located in areas of the Agriculture Zone (A) district that abut or are contiguous with or adjoin a Residential Zone (R) district. The residential development (housing) area of a planned golf community shall be limited to 30% of the acreage remaining after that taken up by the golf course [e.g., gross acreage, minus acreage of golf course, as specified in § 175-54F(3), multiplied by 30% = permitted development area].
B.
A maximum density of 4.3 dwelling units per acre shall be permitted
within the PGC's development area.
C.
No on-lot sewage disposal or well water supplies shall be permitted
for the residential units, e.g., the residential units shall be connected
to and serviced by central public or community water and sewer systems;
provided, however, that the golf course clubhouse, pro shop and maintenance
building may utilize on-site well water supply(ies) and duly permitted
on-lot sewage disposal until the commencement of construction of the
development's residential units and the provision of central public
or community water and sewer services in conjunction therewith.
D.
The following additional standards, limitations and requirements shall apply to the residential development (housing) within the Planned Golf Community, which shall prevail in the event of any conflict or inconsistency with the provisions of Article III, § 175-9, Agricultural Zone (A) and/or Article VI, § 175-41, Cluster housing development;
(1)
Single-family detached and semidetached, duplexes, quadraplexes and
townhouses shall be permitted in order to address and accommodate
community housing needs and demands.
(3)
Maximum structural separation. No dwelling or residential structure,
regardless of housing type, shall be further than 30 from another
dwelling or residential structure.
(4)
Minimum structural setback from a lot line; five feet.
(5)
Maximum building height; not to exceed 35 feet.
(6)
All garages shall be accessed from service alleys, courtyards, or
other accessways, but not from the streets of the PGC.
(7)
Streets within the PGC shall not be laid out in a rectilinear grid
fashion, but, instead, shall be designed with curves and "jogs," so
as to encourage vehicular speed-calming.
A.
Permitted uses:
(1)
Places of worship including churches, synagogues, temples, chapels,
halls and the like.
(2)
Religious education building but not parochial schools.
(3)
Recreation buildings when accessory to worship activity.
(4)
Residences when related to worship activity, such as parish house,
manor, convent and the like.
B.
Area and bulk regulations. All area and bulk regulations of the prevailing
zoning district shall apply with the following exceptions:
(1)
The minimum lot size shall be one acre; however, if the sanctuary
shall have space for more than 500 persons one additional acre shall
be required for each additional 100 persons or portion thereof.
(2)
The minimum front, side and rear yards shall be 50 feet.
(3)
The maximum lot coverage (principal and accessory buildings) shall
be 20%.
(4)
The minimum open area shall be 30%.
(5)
The maximum building height shall be three stories, not to exceed
45 feet, except that steeples, towers, domes and similar architectural
features may exceed this maximum by one foot in height for each two
feet the building is set back from the street or front property line.
Processing of farm products and the warehousing, sale, or service
of agricultural equipment, feed or supplies must meet all of the requirements
in the district where such use is proposed, except as modified hereinafter,
and all additional requirements and standards stated hereinafter:
A.
The owner or other person having primary interest in the proposed
industrial use shall reside on the same parcel of land therewith;
B.
Unless cause is shown to the contrary and specific limits are established,
the operation of any such proposed industrial use shall be contained
within buildings in existence on October 10, 1995;
C.
No property adjacent to the proposed use shall be adversely affected;
and
D.
The land area devoted to such use shall not exceed five acres or
10% of the lot area, whichever is less.
Public buildings must meet all of the requirements in the district
where such special exception use is permitted, except as modified
hereinafter, and all additional requirements and standards stated
hereinafter:
A.
Setbacks. All buildings and facilities shall be set back at least
25 feet from any property line and 50 feet from a street right-of-way
line.
B.
All off-street parking shall be at least 10 feet from adjoining property
lines.
C.
Consideration shall be given to traffic problems. If the nature of
the public building or facility is such that it will generate a high
volume of vehicular traffic, then access should be via a major thoroughfare
as designated in the Northwest Adams Joint Comprehensive Plan.
Public utility buildings and/or service structures must meet
all of the requirements in the district where such use is proposed,
except as modified hereinafter, and all additional requirements and
standards stated hereinafter:
A.
In the R Zone, the storage of vehicles or equipment used in the maintenance
of a utility shall not be permitted.
B.
Satisfactory provision shall be made to minimize harmful or unpleasant
effects (noise, vibration, smoke and odor). No equipment causing unreasonable
noise, vibration, smoke, odor or hazardous effect shall be installed
in a residential zone.
C.
The external design of the building (to the extent possible) shall
be in conformity with the buildings in the surrounding area.
D.
There shall be no specific minimum lot size or lot width; however,
each lot shall provide front, side and rear yard setbacks in accordance
with the zone in which located.
E.
There shall be no maximum lot coverage requirement, provided that
a stormwater management plan for the site is approved by the Township
Engineer.
F.
Anything in this chapter or in Chapter 146, Subdivision and Land Development, to the contrary notwithstanding, whenever the Township is the entity constructing a public sewer system or a public water system, no dimensional requirements, use requirements, or special exception procedures shall be applicable. The public water system or public sewer system shall be developed and built as the Board of Supervisors determines is in the best interest of the health, safety and welfare of the residents to be served, without regard to regulations addressing lot area, lot frontage, building setback lines, lot coverage, location, special exception procedures, or use restrictions, applicable in the district where the system and/or its facilities are proposed to be built. Nothing herein shall be deemed to relieve the Township from meeting Commonwealth of Pennsylvania and federal regulations and permit requirements.
Recycling collection centers must meet all of the requirements
in the district where such special exception use is permitted, except
as modified hereinafter, and all additional requirements and standards
stated hereinafter:
A.
Not more than six containers shall be permitted.
B.
All containers must be closed containers.
C.
The recycling collection area must be totally enclosed with a fence or wall meeting the requirements of § 175-14(C) of this chapter.
D.
The center must be secured at all times when supervision is not on
site.
E.
Specific hours of operation must be designated and posted on the
site. Such hours shall be subject to the approval of the Zoning Hearing
Board.
Research laboratories must meet all of the requirements in the
district where such special exception use is permitted, except as
modified hereinafter, and all additional requirements and standards
stated hereinafter:
A.
Consideration shall be given to traffic problems. If the nature of
the use is such that it will generate a high volume of traffic then
access should be via a collector street.
B.
Truck loading and unloading areas shall be screened and/or fenced
from the main roads servicing the facility.
C.
Accessory buildings, when such are required for the function of the
principal use(s), are permitted provided that all such accessory buildings
comply with all setbacks, and screening as are required for principal
buildings.
D.
Satisfactory provision shall be made to minimize harmful or unpleasant
effect such as noise, odors, fumes, glare, vibration, smoke, vapors
and gases, electrical emissions and industrial wastes as determined
by the Zoning Hearing Board.
Resort lodges must meet all of the requirements in the district
where such special exception use is permitted, except as modified
hereinafter, and all of the additional requirements and standards
stated hereinafter.
A.
Resort lodge permitted uses. A resort lodge may offer the following
amenities and uses: office; lobby; guest lodging rooms and suites;
restaurants; coffee shops and cafes; cafeterias and dining halls;
conference facilities; weddings and similar events; recreational facilities,
including but not limited to walking trails, swimming pools, tennis
courts, handball courts, basketball courts, spas, children's playgrounds,
interior game rooms and interior arcades, volleyball courts and other
similar recreational facilities. Excluded from resort lodges are medical
and mental clinics, sanitaria, halfway houses, treatment facilities,
rehabilitation facilities, and any facility where human beings are
housed under legal constraint.
B.
The minimum size of contiguous property ownership shall not be less
than 100 acres. For purposes of this criterion, contiguous tracts
under the same ownership may be added together to achieve the required
minimum area. While the property is operating as a resort lodge, the
tracts shall function as a singular unit and shall not be conveyed
separately during the life of this land use.
C.
The primary places of gathering associated with the facility, such
as the overnight accommodations, dining facilities, parking areas,
etc., shall be set back a minimum distance of 100 feet from all property
lines.
D.
Maximum impervious coverage shall not exceed 10% of the net owned
parcel area.
E.
Parking shall be provided in accordance with the requirements for
"Hotel, motel" of this chapter.
F.
No more than 10% of the land area (see Subsection B above.) shall be cleared of forest or mature woods as a part of the development and/or operation of the project. For purposes of compliance with this standard, the forested area shall be defined as that which can be observed in place as of May 5, 2011.
G.
Any outdoor lighting shall be shielded in such a way that the lighting
is not directed toward or intrusive to any adjoining properties or
public road rights-of-way.
H.
Potable water and sanitary sewer facilities shall be approved and
regulated by the Pennsylvania Department of Environmental Protection.
In the event that public facilities are available, or are made available,
within 150 feet of the buildings on the resort lodge property, connection
to these facilities shall be required.
Restaurants must meet all of the requirements in the district
where such special exception use is permitted, except as modified
hereinafter, and all additional requirements and standards stated
hereinafter:
A.
The applicant shall furnish evidence of an approved means of water
supply and sewage disposal.
B.
All off-street parking and/or loading areas shall be screened from
adjoining residences and roads.
C.
All restaurant seating shall be provided within the completely enclosed
building, except that limited exterior seating may be provided if:
(1)
Such seating is situated and designed so as not to adversely impact
nearby residences.
(2)
Such seating is accessory to the principal interior seating accommodations.
(3)
During use, such seating is continuously supervised by an employee
or owner of the restaurant.
(4)
Any lighting or music systems serving such seating is designed and
operated so as not to constitute a nuisance to adjoining properties.
(5)
The applicant shall furnish and implement a working plan for the
continuous cleanup of litter and debris that may result from such
outdoor seating.
D.
The proposed restaurant shall offer the preparation and serving of
food and drink to be consumed on the premises. No drive-through or
takeout services shall be permitted.
Drive-through and/or fast-food restaurants and caterers must
meet all of the requirements in the district where such special exception
use is permitted, except as modified hereinafter, and all additional
requirements and standards stated hereinafter:
A.
The subject property shall front on a major thoroughfare as identified
in the Northwest Adams Joint Comprehensive Plan.
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 drive-through window lanes shall be separated from the parking
lot's interior driveways.
D.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
E.
All exterior seating/play areas shall be completely enclosed by a
three-foot-high fence.
F.
No part of the subject property shall be located within 100 feet
of any residentially zoned land.
G.
For restaurants with drive-through windows, sufficient on-site stacking
lanes shall be provided to prevent vehicle backups onto adjoining
roads.
Service stations or convenience stores dispensing fuel must
meet all of the requirements in the district where such special exception
use is permitted, except as modified hereinafter, and all additional
requirements and standards stated hereinafter:
A.
Buildings must be set back at least 40 feet from the street right-of-way
line.
B.
Pumps must be set back at least 15 feet from the street right-of-way
line.
D.
Except along access drives, a concrete curb six inches in height
must be placed along all street right-of-way lines.
E.
All lights must be shielded toward the service station or downward
on the lot.
F.
No outdoor stockpiling of tires or outdoor storage of trash is permitted.
An area enclosed by a wall, fence or vegetative material and screened
from view of adjoining properties shall be provided whenever outdoor
storage is required. No materials may be stored so as to create a
fire hazard.
G.
At least 10% of the lot on which the facility is situated must be
devoted to natural landscaping.
H.
A site circulation plan shall be devised that separates those patrons
awaiting fueling service from those patrons awaiting other services.
The plan shall include the following information:
I.
Parking shall not be permitted between the main entrance of the store
and the refueling bays.
Shopping centers or malls must meet all of the requirements
in the district where such special exception use is permitted, except
as modified hereinafter, and all additional requirements and standards
stated hereinafter:
A.
A shopping center or mall consists of two or more retail or restaurant
establishments within the same development proposal whether or not
the establishments that are connected with common walls.
B.
All shopping center or mall shall comply with the following design
standards:
(1)
Shopping center or mall with up to 50,000 square feet of gross floor
area.
(a)
Minimum lot width is 150 feet at the building setback line.
(b)
Required minimum yard setbacks.
[1]
Front yard is 50 feet for buildings and structures (except permitted
signs) from the street right-of-way. No off-street loading or outdoor
storage is permitted in the front yard.
[2]
One side yard is 30 feet for ends of buildings; 10 feet for
parking and loading.
[3]
Both side yards are 60 feet for ends of buildings; 20 feet for
parking and loading.
[4]
Rear yard is 30 for buildings; 10 feet for parking and loading.
(c)
Minimum setback from residential districts is 30 feet for buildings;
10 feet for off-street parking and loading.
(d)
Maximum impervious lot coverage is 60%.
(e)
Maximum building height is 40 feet.
(2)
Shopping center or mall with between 50,000 and 100,000 square feet
of gross floor area.
(a)
Minimum lot width is 300 feet at the building setback line.
(b)
Required minimum yard setbacks.
[1]
Front yard is 150 feet from the street center line for buildings;
25 feet from the street right-of-way for off-street parking. No off-street
loading is permitted in the front yard.
[2]
One side yard is 50 feet for ends of buildings; 20 feet for
parking and loading.
[3]
Both side yards are 100 feet for ends of buildings; 40 feet
for parking and loading.
[4]
Rear yard is 50 for buildings; 20 feet for parking and loading.
(c)
Minimum setback from residential districts is 100 feet for buildings;
50 feet for off-street parking and loading.
(d)
Maximum impervious lot coverage is 55%.
(e)
Maximum building height is 40 feet.
(3)
Shopping center or mall with over 100,000 square feet of gross floor
area.
(a)
Minimum lot width is 600 feet at the building setback line.
(b)
Required minimum yard setbacks.
[1]
Front yard is 200 feet from the street center line for buildings;
30 feet from the street right-of-way for off-street parking. No off-street
loading is permitted in the front yard.
[2]
One side yard is 50 feet for ends of buildings; 25 feet for
parking and loading.
[3]
Both side yards are 100 feet for ends of buildings; 40 feet
for parking and loading.
[4]
Rear yard is 50 for buildings; 25 feet for parking and loading.
(c)
Minimum setback from residential districts is 150 feet for buildings;
75 feet for off-street parking and loading.
(d)
Maximum impervious lot coverage is 50%.
(e)
Maximum building height is 40 feet.
C.
The subject property shall front on an arterial or collector road,
and all access drives shall be set back at least 200 feet from the
intersection of any street right-of-way lines.
D.
All parking lots shall be constructed and maintained with a paved
surface of concrete or bituminous materials.
E.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used.
A.
Storage of explosives must meet all of the requirements in the district
where such special exception use is permitted, except as modified
hereinafter, and all additional requirements and standards stated
hereinafter. Proof of compliance or ability to comply with the following
must be presented to the Zoning Hearing Board at the hearing on the
special exception application for the use of storage of explosives:
(1)
Lot area: seven acres minimum.
(2)
All magazines must be set back at least 500 feet from any property
line.
(3)
All magazines must be contained within a magazine site with warning
signs posted every 100 feet on the fencing and also posted on all
entrances. Such warning signs shall clearly indicate no unauthorized
entry.
(4)
An emergency response plan must be presented as follows:
(a)
The plan must cover responses to all reasonably conceivable
emergencies that may occur within the magazine site, including, but
not limited to, fire, earthquake, theft or trespass.
(b)
The plan must detail the specific responses that the local fire
and police should undertake and should not undertake. This will include
what areas and under what circumstances the property and magazine
site should and should not be subject to fire or police response;
and what materials should and should not be used during a fire response.
(c)
The property outside of the magazine site, including any driveway
entrances at a public road, must be marked or posted to alert emergency
responders that they should not enter during certain emergencies in
accordance with the emergency response plan.
(d)
A notification system by which adjacent property owners would
be notified of any emergency within the magazine site and what action
those owners should take.
(e)
The proposed emergency response plan and the proposed notification
must be presented for comment and recommendations to the Adams County
Emergency Management Agency and the Franklin Township Emergency Management
Director. Any comments on such plan from either Adams County Emergency
Agency and the Franklin Township Emergency Manager Director shall
be presented to the Board.
(5)
A site plan detailing all of the information contained in this section.
Comments and recommendations from the first response fire company,
and, if present, the second response fire company who would respond
to an emergency on the property must be presented.
(6)
No manufacturing of explosives or blasting may occur on the property.
(7)
The magazine site complies with the Township stormwater management
regulations as applicable.
(8)
All applicable state and federal permits have been obtained and are
maintained and renewed as required for the storage of explosives.
Copies of all such permits shall be provided to the Township to ensure
compliance. The applicant, on behalf of himself, his heirs, successors
and assigns, must commit to providing the Township with proof of renewals
of all such permits. The applicant, on behalf of himself, his heirs,
successors and assigns, must also commit to providing the Township
with notice of the suspension, revocation, or expiration of any such
permits.
(9)
Approval of a land development plan for the magazine site shall be
a condition of any special exception approval.
(10)
Written authorization by the landowner, its successors and assigns,
to allow Township authorized agents to be present during inspections
of the magazine site undertaken by state and federal officials.
(11)
Proof of liability insurance of no less than $5,000,000 to cover
any and all damages that might result to other properties and improvements
on account of the storage of explosives. The applicant, on behalf
of himself, his heirs, successors and assigns, must also commit to
providing the Township with proof of renewals of all such insurance.
(12)
Transport of explosives onto and out of the magazine site shall
be only with vehicles approved under applicable state or federal guidelines.
Truck or motor freight terminals must meet all of the requirements
in the district where such special exception use is permitted, except
as modified hereinafter, and all additional requirements and standards
stated hereinafter:
A.
The terminal shall have direct access to an arterial roadway or a
road having adequate structural and geometrical characteristics as
determined by the Township Engineer to handle the anticipated future
truck traffic.
B.
A buffer yard with vegetative screening at least 25 feet wide must
be located on the terminal site in all situations where the site adjoins
a residential use or zone. The buffer yard with vegetative screening
shall be naturally landscaped, have no impervious cover and shall
not be used for parking, building, loading or storage purposes.
C.
Loading docks and truck maneuvering areas and terminals must be set
back the following minimum distances from residential uses property
lines or from property lines of properties located in a district other
than the industrial (I) district:
D.
A traffic impact study shall be required.
E.
Satisfactory provision shall be made to minimize harmful or unpleasant
effects such as noise, odors, smoke, fumes, glare and vibration.
Vehicle rental, sales, service and/or repair facilities must
meet all of the requirements in the district where such special exception
use is permitted, except as modified hereinafter, and all additional
requirements and standards stated hereinafter:
A.
Any lot used as a vehicle rental or sales facility must have erected
thereon a building to be used for the display, rental and/or sale
of vehicles. The outdoor display of such vehicles shall only be permitted
as an accessory use to the required display, sales and/or rental building.
B.
All service and/or repair activities shall be conducted within a
wholly enclosed building.
C.
All vehicles shall be placed at least 30 feet from any street line.
D.
All exterior vehicle storage areas shall be screened from view of
any adjoining residential zone or residential use.
E.
Except as otherwise provided herein, the storage of motor vehicles that do not have current and valid inspection stickers on vehicle rental, sales, service and/or repair facilities is prohibited. Such facilities may maintain on the premises, for a period no more than 60 days, motor vehicles that do not have current and valid inspection stickers or which are otherwise deemed "junk," provided that such vehicles are there to be repaired or are there for temporary storage prior to being sent elsewhere for repair or permanent disposal. Any vehicle that does not have a current and valid inspection sticker, or is otherwise classified as "junk," and remains on the said property for more than 60 days without being fully repaired, operational, registered and inspected shall be deemed to be the storage of junk and the creation and maintenance of a junkyard as that term is defined in this chapter and in Chapter 96.
F.
The demolition or junking of vehicles is prohibited.
G.
If gasoline pumps are to be installed, all special exception requirements
for a service station as set forth in this chapter shall be satisfied.
H.
No outdoor stockpiling of tires or outdoor storage of trash is permitted.
An area enclosed by a wall or fence, screened from view of adjoining
properties, shall be provided whenever outdoor storage is required.
No materials may be stored so as to create a fire hazard.
I.
Satisfactory provision shall be made to minimize harmful or unpleasant
effects such as noise, odors, fumes, glare, vibration, and smoke.
J.
All merchandise, except vending machines, shall be stored within
a building.
Vehicle washing facilities must meet all of the requirements
in the district where such special exception use is permitted, except
as modified hereinafter, and all additional requirements and standards
stated hereinafter:
A.
All structures housing washing apparatus shall be set back at least
50 feet from any street right-of-way line and at least 25 feet from
any side lot line.
B.
Trash receptacles must be provided and routinely emptied to prevent
the scattering of litter.
C.
Points of ingress and egress shall be designed to minimize congestion
and shall be far enough from residential dwellings so that traffic
noise will be minimized.
D.
A stacking lane shall be provided behind each bay or stall to prevent
vehicle backup on adjoining streets. Each lane shall be a minimum
of 40 feet in length and eight feet in width.
E.
A water feasibility study must be submitted to assure that adequate
water supply is available.
F.
The facility must be equipped with a water recycling system for 90%
of the water used.
G.
Sewer facilities approved by the Pennsylvania Department of Environmental
Protection must be utilized.
[Added 4-1-2021 by Ord. No. 2020-07]
A.
Accessory solar energy systems (ASES).
(1)
Criteria applicable to all accessory solar energy systems.
(a)
ASES shall be permitted as a use by right in all zoning districts.
(b)
Conformance to standards; maintenance.
[1]
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 Pennsylvania Uniform
Construction Code as enforced by Franklin Township, and with all other
applicable fire and life safety requirements.
[2]
Upon completion of installation, the ASES shall
be maintained in good working order in accordance with standards of
the Franklin Township 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 Franklin Township
in accordance with applicable ordinances.
(c)
All on-site utility, connection lines, and plumbing shall be
placed underground.
(d)
Glare.
[1]
All ASES shall be placed such that concentrated
solar radiation or glare does not project onto nearby structures or
roadways. Exterior surfaces shall have a nonreflective finish.
[2]
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.
(e)
Decommissioning.
[1]
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 the system owner and/or operator, or upon termination
of the useful life of same.
[2]
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.
[3]
The ASES owner shall, at the request of the Township,
provide information concerning the amount of energy generated by the
ASES in the last 12 months.
(f)
Permit requirements.
[1]
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.
[2]
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.
(2)
Roof-mounted and wall-mounted accessory solar energy systems.
(a)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(b)
The total height of a building with an ASES shall not exceed
by more than three feet above the maximum building height specified
for principal or accessory buildings within the applicable zoning
district.
(c)
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof
edge.
(e)
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, including that the roof
or wall is capable of holding the load imposed on the structure.
(3)
Ground-mounted accessory solar energy systems.
(a)
Setbacks.
[1]
The minimum yard setbacks from side and rear property
lines shall be equivalent to the accessory structure setback in the
applicable zoning district.
[2]
A ground-mounted ASES shall not be located in the
required front yard, unless the principal structure is set back more
than 250 feet from the front lot line, in which case, the ASES shall
be set back not less than 200 feet from the front lot line.
(b)
Height. Ground-mounted ASES shall not exceed 15 feet in height
above the ground elevation surrounding the systems.
(c)
Stormwater management.
[2]
Where solar panels are mounted above the ground
surface allowing for vegetation below the panels, the horizontal area
of the panel may be considered a disconnected impervious area ("DIA")
and therefore, will have no increase from the predevelopment to post-development
runoff coefficient. The horizontal area of the panel can only be considered
a DIA if the following conditions apply:
[a]
Where natural vegetative cover is preserved and/or
restored utilizing low-impact construction techniques from the Pennsylvania
Department of Environmental Protection Stormwater Best Management
Practices Manual, including, but not limited to, the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and revegetating and reforesting disturbed areas using native
species.
[b]
Where the vegetative cover has a minimum uniform
90% perennial vegetative cover with a density capable of resisting
accelerated erosion and sedimentation.
[i]
For panels located on slopes of 0% to 5%, a minimum
four-inch height of vegetative cover shall be maintained.
[ii]
For panels located on slopes between 5% and 10%,
a meadow condition shall be maintained.
[iii]
Panels located on slopes between 10% and 15%
cannot be considered DIA.
[iv]
Solar panels located on slopes over 15% are not
permitted.
[v]
Vegetated areas shall not be subject to chemical
fertilization or herbicide/pesticide application, except for those
applications necessary to establish the vegetative cover or to prevent
invasive species and in accordance with an approved erosion and sediment
control plan.
[vi]
Agrivoltaics, the codevelopment of the same area
of land for both solar photovoltaic power and conventional agriculture,
may be used, provided that:
[A]
Only shade-tolerant crops may be used;
[B]
Crops must be no tilled in;
[C]
A written erosion and sediment control plan must
be developed for agricultural plowing or tilling activities, or a
portion of the overall farm conservation plan must identify BMPs used;
[D]
Any cutting or mowing of the agricultural crop
is limited to a height of no less than four inches;
[E]
Application of chemical fertilization or herbicides/pesticides
is limited to the agronomic needs to the crop(s).
[d]
Where the length of the receiving, overland, vegetated
area, downhill of each solar array is equal to or greater than the
contributing, maximum, combined, horizontal length of the solar arrays.
The grass area below each solar array shall not be considered in the
length of the receiving, overland, vegetated area.
[e]
Where the contribution flow path or total combined
horizontal length of a solar array is less than 75 feet.
[f]
Where less than 5% of the horizontal area of the
solar panels themselves are disturbed and/or covered by the ground-mounted
support structures or foundation.
[g]
Where the lowest vertical clearance along the drip
edge or drip line of all solar panels within a solar array is 10 feet
or less from the surface of the ground but an adequate height to promote
vegetative growth below the solar array.
[h]
Where the drip edge or drip line of the solar panels
is mounted level to promote sheet flow discharge unless no more than
500 square feet of contributing surface will discharge to any one
point, in which case a spreading device is required for the concentrated
discharges.
[3]
The horizontal area of any solar panel or solar
array that cannot meet all the conditions to be considered DIA shall
be treated as impervious area. These areas shall be included in the
predevelopment to post-development runoff analysis as impervious area
to determine the need for post-construction stormwater management
("PCSM") best management practices.
[a]
Use of gravel is permissible under a panel or in
the receiving downhill flow path; however, the use of gravel would
not allow the horizontal area of the solar panel or solar array to
be considered as a DIA.
[b]
All impervious areas associated with the ASES such
as roadways and support buildings cannot be considered a DIA and shall
follow normal protocols when performing the PCSM stormwater analysis.
(e)
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.
(f)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system, unless the applicant can demonstrate, to the satisfaction
of the Township, that the ASES will not impede stormwater management,
or in any other manner alter or impede stormwater runoff from collecting
in a constructed stormwater conveyance system.
B.
Solar energy facility (SEF).
(1)
Criteria applicable to all SEFs.
(a)
The SEF 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
Pennsylvania Uniform Construction Code as enforced by Franklin Township
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)
All on-site transmission and plumbing lines shall be placed
underground.
(c)
Solar facility connections shall be placed underground unless:
[1]
The electric lines will be placed on existing utility
poles that host existing electric, cable, or telephone lines; or
[2]
The applicant can demonstrate, to the satisfaction
of the Township, that it is not possible to place the connection underground,
in which case, only the portion of the line which is not capable of
placement underground, as determined by the Township, may be placed
above ground.
(d)
No portion of the SEF 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 SEF, provided they
comply with the prevailing sign regulations.
(e)
Glare.
[1]
All SEF shall be placed such that concentrated
solar radiation or glare does not project onto nearby structures or
roadways. Exterior surfaces shall have a nonreflective finish.
[2]
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.
(f)
The SEF 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 Township. The SEF owner and/or operator shall
make reasonable efforts to respond to the public's inquiries and complaints.
(g)
Decommissioning.
[1]
The SEF owner is required to notify the Township
immediately upon cessation or abandonment of the operation. The SEF
shall be presumed to be discontinued or abandoned if no electricity
is generated by such system for a period of 12 continuous months.
[2]
The SEF owner shall then have 12 months in which
to dismantle and remove the SEF, including all solar-related equipment
or appurtenances related thereto, including but not limited to buildings,
cabling, electrical components, roads, foundations, solar facility
connections and other associated facilities.
[3]
To the extent possible the materials shall be resold
or salvaged. Materials that cannot be resold or salvaged shall be
disposed or at a facility authorized to dispose of such materials
by federal or state law.
[4]
Any soil exposed during the removal shall be stabilized
in accordance with applicable erosion and sediment control standards.
[5]
Any access drive paved aprons from public roads
shall remain for future use.
[6]
The SEF site area shall be restored to its preexisting
condition, suitable for its prior use, except the landowner may authorize,
in writing, any buffer landscaping or access roads installed to accommodate
the SEF to remain.
[7]
Any necessary permits, such as erosion and sedimentation
and NPDES permits, shall be obtained prior to decommissioning activities.
[8]
At the time of issuance of the permit for the construction
of the SEF, the owner shall provide financial security in the form
and amount acceptable to the Township to secure its obligations under
this section.
[a]
The SEF developer shall, at the time of application,
provide the Township with an estimate of the cost of performing the
decommissioning activities required herein, together with an administrative
and inflation factor of 25% to account for the cost of obtaining permits
to complete said activities. The estimate may include an estimated
salvage and resale value, discounted by a factor of 20%. The decommissioning
cost estimate formula shall be: gross cost of decommissioning activities
plus administrative factor of 25% minus salvage and resale credit
of 80% equals the decommissioning cost estimate.
[b]
On every fifth anniversary of the date of providing
the decommissioning financial security, the SEF owner shall provide
an updated decommission cost estimate, utilizing the formula set forth
above with adjustments for inflation and cost and value changes. If
the decommissioning security amount changes, the SEF owner shall remit
the increased financial security to the Township within 30 days of
the approval of the updated decommissioning security estimate by the
Township.
[c]
Decommissioning security estimates shall be subject
to review and approval by the Township and the SEF developer. The
owner shall be responsible for administrative, legal, and engineering
costs incurred by the Township for such review.
[d]
At no time shall the financial security be an amount
less than $500,000.
[e]
The decommissioning security may be in the form
of cash, letter of credit, or an investment grade corporate guarantee
rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.
[f]
Prior to approval of any plan or permit for an
SEF, the SEF developer shall enter into a decommissioning agreement
with the Township outlining the responsibility of the parties under
this agreement as to the decommissioning of the SEF.
(h)
Permit requirements.
[1]
The SEF shall comply with the Township subdivision
and land development requirements through submission of a land development
plan. The installation of the SEF shall be in compliance with all
applicable permit requirements, codes, and regulations.
[2]
The SEF owner and/or operator shall repair, maintain
and replace the SEF and related solar equipment during the term of
the permit in a manner consistent with industry standards as needed
to keep the SEF in good repair and operating condition.
(2)
Ground-mounted principal solar energy systems.
(a)
Portion of lot to be devoted to solar arrays. For each lot on
which an SEF, or a component of an SEF, is proposed, the following
calculations shall be performed to determine the proportion of the
lot on which solar arrays may be authorized.
[1]
Calculate constrained area. Calculate the constrained
area by calculating the sum of the acreage of the following features
that appear on a lot:
[b]
Natural and man-made drainage corridors, extending
25 feet from the center line of any such drainage feature.
[c]
Wetlands.
[d]
Wetlands buffer extending 50 feet from any wetland.
[e]
Slopes in excess of 15%.
[f]
Wooded areas.
[g]
Road rights-of-way.
[h]
Setback areas, as defined in the underlying zoning
district.
[2]
Calculate SEF development area. Calculate the SEF
development area by subtracting the constrained area from the lot
area.
[3]
Calculate the portion of the SEF development area
that may be devoted to solar arrays. Calculate the total acres of
land within the SEF development area that are comprised of Class I
and II agricultural soils, as identified in official federal soils
mapping or a more accurate professional study. Subtract 1/2 of this
figure from the SEF development area to determine the portion of the
SEF development area that may be devoted to solar arrays.
[4]
For each lot on which an SEF, or a component of
an SEF, is proposed, a map shall be provided by the applicant detailing
the constrained area, the SEF development area, the Class I and II
agricultural soils, and the portion of the SEF development that may
be devoted to solar arrays.
[5]
Solar arrays shall only be placed within that portion
of any lot that lies within the portion of the SEF development that
may be devoted to solar arrays.
(b)
Setbacks. An SEF shall be set back a minimum of 200 feet from
any lot line.
(c)
Height. All ground-mounted SEFs shall comply with a fifteen-foot
height requirement.
(d)
Stormwater management.
[2]
Where solar panels are mounted above the ground
surface allowing for vegetation below the panels, the horizontal area
of the panel may be considered a disconnected impervious area ("DIA")
and therefore, will have no increase from the predevelopment to post-development
runoff coefficient. The horizontal area of the panel can only be considered
a DR if the following conditions apply:
[a]
Where natural vegetative cover is preserved and/or
restored utilizing low-impact construction techniques from the Pennsylvania
Department of Environmental Protection Stormwater Best Management
Practices Manual, including, but not limited to the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and revegetating and reforesting disturbed areas using native
species.
[b]
Where the vegetative cover has a minimum uniform
90% perennial vegetative cover with a density capable of resisting
accelerated erosion and sedimentation.
[i]
For panels located on slopes of 0% to 5%, a minimum
four-inch height of vegetative cover shall be maintained.
[ii]
For panels located on slopes between 5% and 10%,
a meadow condition shall be maintained.
[iii]
Panels located on slopes between 10% and 15%
cannot be considered DIA.
[iv]
Solar panels located on slopes over 15% are not
permitted.
[v]
Vegetated areas shall not be subject to chemical
fertilization or herbicide/pesticide application, except for those
applications necessary to establish the vegetative cover or to prevent
invasive species and in accordance with an approved erosion and sediment
control plan.
[vi]
Agrivoltaics, the codevelopment of the same area
of land for both solar photovoltaic power and conventional agriculture,
may be used, provided that:
[A]
Only shade-tolerant crops may be used;
[B]
Crops must be no tilled in;
[C]
A written erosion and sediment control plan must
be developed for agricultural plowing or tilling activities, or a
portion of the overall farm conservation plan must identify BMPs used;
[D]
Any cutting or mowing of the agricultural crop
is limited to a height of no less than four inches;
[E]
Application of chemical fertilization or herbicides/pesticides
is limited to the agronomic needs to the crop(s).
[d]
Where the length of the receiving, overland, vegetated
area, downhill of each solar arrays is equal to or greater than the
contributing, maximum, combined, horizontal length of the solar arrays.
The grass area below each solar array shall not be considered in the
length of the receiving, overland, vegetated area.
[e]
Where the contribution flow path or total combined
horizontal length of a solar array is less than 75 feet.
[f]
Where less than 5% of the horizontal area of the
solar panels themselves are disturbed and/or covered by the ground-mounted
support structures or foundation.
[g]
Where the lowest vertical clearance along the drip
edge or drip line of all solar panels within a solar array is 10 feet
or less from the surface of the ground but an adequate height to promote
vegetative growth below the solar array.
[h]
Where the drip edge or drip line of the solar panels
is mounted level to promote sheet flow discharge unless no more than
500 square feet of contributing surface will discharge to any one
point, in which case a spreading device is required for the concentrated
discharges.
[3]
The horizontal area of any solar panel or solar
array that cannot meet all the conditions to be considered DIA shall
be treated as impervious area. These areas shall be included in the
predevelopment to post-development runoff analysis as impervious area
to determine the need for post-construction stormwater management
("PCSM") best management practices.
[a]
Use of gravel is permissible under a panel or in
the receiving downhill flow path; however, the use of gravel would
not allow the horizontal area of the solar panel or solar array to
be considered as a DIA.
[b]
All impervious areas associated with the ASES such
as roadways and support buildings cannot be considered a DIA and shall
follow normal protocols when performing the PCSM stormwater analysis.
(e)
Ground-mounted SEF shall be screened and buffered in accordance
with the following standards:
[1]
Vegetative buffering shall be installed around the entire perimeter of the SEF installation, except where the Zoning Officer determines that the retention of existing trees within the vegetative buffering area may constitute the required vegetative buffer. Existing natural buffers shall be retained in accordance with Chapter 175, § 175-22.
[2]
The vegetative buffering shall be installed along
the exterior side of the fencing. All required vegetative buffering
shall be located within 50 feet of the required fencing.
[3]
Vegetative buffering shall be designed to emulate
the mix of species and appearance of existing tree lines, hedgerows,
and wooded areas already in existence within the landscape where the
SEF is proposed. The applicant shall assess the species mix and characteristics
found in existing tree lines, hedgerows, and wooded areas surrounding
the SEF and document that the vegetative buffering is designed to
emulate these characteristics.
[4]
Vegetative buffering shall be selected to provide
year-round buffering and shall be of sufficient height, density, and
maturity to screen the facility from visibility, as set forth herein
within 36 months of the installation of the SEF.
[5]
The primary use of evergreen trees shall not be
permitted, and a monotonous straight row of the same species, particularly
evergreen trees, is specifically prohibited.
[6]
A combination of natural topography and vegetation
can serve as a buffer, provided that the SEF will not be visible from
public roads, public parks, or existing residences on surrounding
properties. Earthen berms may not be created to serve as a buffer.
[7]
Visibility of SEF shall be determined as visible
in a photograph taken at a point with a digital camera with an APS
-C Sensor and a 35 mm focal length lens. An SEF shall be considered
to not be visible provided that no more than 5% of the SEF shall be
visible in accordance with the measure of visibility set forth above.
(f)
Ground-mounted SEFs shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system.
(g)
Security.
[1]
All ground-mounted SEFs shall be completely enclosed
by a minimum eight-foot-high fence with a self-locking gate.
[2]
A clearly visible warning sign shall be placed
at the base of all pad-mounted transformers and substations and on
the fence surrounding the SEF informing individuals of potential voltage
hazards.
(h)
Access.
[1]
At a minimum, a twenty-five-foot-wide access road
must be provided from a state or township roadway to the SEF site
that is paved and maintained in a dust-free condition.
[2]
At a minimum, a twenty-foot-wide cartway shall
be provided between the solar array rows 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 measured at its greatest parallel width.
(i)
The ground-mounted SEF shall not be artificially lighted except
to the extent required for safety or applicable federal, state, or
local authority.
(j)
The applicant must provide written comments from the relevant
electric company regarding the capacity of the existing transmission
lines envisioned to receive the electricity generated from the utility-scale
solar facility. Proof of application for interconnection to the existing
electricity system is required.
(3)
Roof and wall-mounted principal solar energy facility:
(a)
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, including that the roof
or wall is capable of holding the load imposed on the structure.
(b)
The total height of a building with a roof- and wall-mounted
system shall not exceed by more than three feet above the maximum
building height specified for principal or accessory buildings within
the applicable zoning district.
