A.
In addition to the general criteria for uses within a particular zone established in Article 2 and general regulations for uses established in Article 4, this Article 3 sets forth standards that shall be applied to each individual use identified herein. The standards of this Article 3 must be satisfied before approval of any application for a special exception, conditional use, or zoning permit, as applicable. The criteria for special exceptions and conditional uses in this Article 3 shall be in addition to the general criteria for special exceptions and conditional uses set forth in Articles 6 or 7, as applicable. The applicant shall be required to demonstrate compliance with all applicable standards and shall furnish whatever evidence is necessary to demonstrate such compliance.
B.
All uses identified in Article 3 must comply with the general regulations for the zone in which the use is to be located unless different standards are established by this article; if different standards are established by this article, these different standards for the use shall apply in addition to any other general regulations which are not inconsistent with Article 3.
A.
An adult entertainment facility is permitted as provided in Article 2 herein and subject to the following criteria:
(1)
An adult entertainment facility shall not be located within
300 feet of any zoning district boundary line or existing residential
use.
(2)
An adult entertainment facility shall not be permitted to be
located within 600 feet of any public or private school, child day-care
center, nursery school, public recreation facility, or any church
or house of worship.
(3)
No materials, merchandise, film, videotape, or any other item
offered for sale, rent, lease, loan, or view upon the premises, or
advertising same, shall be exhibited, displayed, or visible outside
of the building or structure.
(4)
Any building or structure used or occupied as an adult entertainment
facility shall be windowless or have an opaque covering over all windows
and doors, or any area in which materials, merchandise, film, or persons
could otherwise be visible from outside the building or structure.
(6)
Each entrance to the premises shall be posted with a notice
of at least four square feet specifying that the structure is an adult
entertainment facility, and that persons under the age of 18 years
are not permitted to enter therein, and warning all other persons
that the building contains sexually explicit material.
(7)
There will be no BYOB (bring-your-own alcohol of any kind) on
the premises of the adult entertainment facility. If alcohol is to
be served, strict observance of PLCB regulations must be followed.
(8)
Hours of operation that an adult-oriented facility can be open
are from 11:00 a.m. to 1:00 a.m.
(9)
The applicant must be 18 years of age and a United States citizen.
If the applicant is other than an individual, the applicant must provide
the names, ages, and addresses of all partners, corporate officers,
or any individual who has any interest in the business.
(10)
The adult entertainment facility shall provide names, addresses,
and background checks to the Township of all employees, owners, beneficiaries,
and persons with any equity interest.
(11)
The applicant must provide a sketch or diagram showing the floor
plan of the premises, including the total floor space, and the location
of the building on the lot. The building structure shall be a stand-alone
structure with a privacy fencing barrier (solid) around the whole
perimeter of the structure.
(12)
The building will have sufficient utilities and be on public
water and sewer.
(13)
The adult entertainment facility shall comply with all other
chapters of the Township, federal, state, or county requirements and
laws.
(a)
Once a special exception has been granted by the Zoning Hearing
Board, an applicant shall apply to the Township for a license.
[1]
Any person who operates an adult entertainment
facility without a valid license issued by the Township is in violation
of the Zoning Ordinance.
[2]
The application shall be on a form provided by the Township and shall be accompanied by a sketch or diagram as required in § 450-302A(11), above.
[3]
Any person operating an adult entertainment facility
must have all employees licensed as sexually oriented business employees,
pursuant to this chapter.
[4]
All applicants must be qualified according to the
provisions of this chapter. The application may request that the applicant
shall provide such information (including fingerprints) as to enable
the Township to determine whether the applicant meets the qualifications
established in this chapter.
[5]
The applicant shall provide the same information to the Township as required by § 450-302A(13)(a), above.
(b)
Issuance of license. The Township shall approve the issuance of a license to an applicant within 90 days after receipt of an application which complies with § 450-302A(13)(a), above, unless he or she finds one or more of the following:
[1]
An applicant is under the age of 18 years of age.
[2]
An applicant or his or her spouse is overdue in
their payments to the Township of taxes, fees, fines, or penalties
as assessed against him or her in relations to an adult entertainment
facility, or the property on which it is or is to be located.
[3]
An applicant has failed to provide information
reasonably necessary for the issuance of the permit, or has falsely
answered a question or request for information on the application
form.
[4]
An applicant is residing with or married to a person
who has been denied a permit by the Township to operate an adult entertainment
facility within the proceeding 12 months, or is residing with a person
whose license to operate an adult entertainment facility has been
revoked within the proceeding 12 months.
[5]
The premises to be used for the adult entertainment
facility are not in compliance with this chapter or any or any other
ordinance of the Township.
[6]
The license fee required by the Township has not
been paid.
[7]
An applicant of the proposed establishment is in
violation of or is not in compliance with any of the provisions of
the Zoning Ordinance.
[8]
An individual applicant or any individual holding
a direct/indirect or financial interest of a corporate applicant,
or any of the officers or directors of a corporate applicant, or any
of the partners, including limited partners of a partnership, or the
manager or other person in charge of the operation of the business,
has or have been convicted of an offense involving sexual misconduct,
including, but not limited to, prostitution, obscenity and possession
of child pornography, within the Commonwealth of Pennsylvania, within
10 years of the date of the application in the event of a misdemeanor,
and within 20 years of the date of application in the event of a felony.
[9]
The proposed activities violate any federal or
state law regarding sexual conduct, sexually explicit nudity, obscenity,
or pornography.
[10]
If the Zoning Officer/Codes Enforcement Officer/or
Board of Supervisors denies a license, or denies the renewal of a
license, the applicant shall not be issued a license for one year
from the date of denial, except that the applicant can reapply after
he or she has corrected or cured the defects which cause the denial.
(c)
A license, if granted, shall state on its face the name of the
person or persons to whom is granted, the expiration date, and the
address of the adult entertainment facility. The license shall be
posted in a conspicuous place at or near the entrance to the adult
entertainment facility so that is may be easily read at any time.
(d)
Each license shall be for a period of one year, and shall be
renewable on an annual basis and shall be renewable only upon application
by the applicant, and must at the time of application comply with
all the conditions of this section. The license is not transferrable
and the application must be resubmitted 60 days prior to expiration.
(e)
The applicable shall pay an annual fixed fee, plus cost for
the adult entertainment facility, in an amount set by resolution of
Board of Supervisors.
(f)
Inspection. An applicant or licensee shall permit representatives
of the Township, including the Zoning Officer, Codes Enforcement Officer,
or other designated Township officials and representatives of the
Police Department serving the Township, to inspect the premises of
an adult entertainment facility for the purpose of ensuring compliance
with this chapter and the law at any time that the adult entertainment
facility is occupied and open for business. A failure or refusal to
permit such inspection shall be the basis for revocation or suspension
of the license and shall constitute a violation of this chapter.
(g)
Suspension or revocation of license.
[1]
The Zoning Officer shall suspend a license for
a period not to exceed 30 days if the Zoning Officer determines that
a licensee or an employee of a licensee has:
[a]
Violated or is not in compliance with any section
of this chapter;
[b]
Engaged in use of alcoholic beverage while on the
adult entertainment facility's premises;
[c]
Refused to allow an inspection of the adult entertainment
facility premises as permitted by in this section; and
[d]
Knowingly permitted gambling of any kind by any
person on the adult entertainment facility premises.
[2]
Revocation of license. The Township shall revoke
a license if he or she determines that a licensee or an employee of
a licensee has:
[a]
Been arrested for or charged with violating any
law of the Commonwealth of Pennsylvania in relation to sexual conduct,
sexually explicit nudity, obscene material, or pornography, or the
Liquor Code,[1] or the Pennsylvania Crime Codes[2] relating to gambling, on the premises of the adult entertainment
facility.
[b]
Such revocation shall be rescinded and the license
shall be reinstated in the event that the licensee or employee of
a licensee is adjudicated or adjudged not guilty of such offense,
or is placed in the accelerated rehabilitative disposition program.
[c]
A license shall be revoked if a cause for suspension
occurs and the license has been suspended or revoked within the preceding
12 months.
[d]
An applicant has provided false or misleading information or incomplete information in the licensing process as set forth in § 450-302A(13)(a) through (c).
[e]
Roster not provided to the Township of all employees/owners.
[f]
A revocation shall continue for one year, and the licensee shall not be issued an adult entertainment facility license for one year from the date revocation became effective, except in the case of a revocation for conviction of a misdemeanor as described in § 450-302A(13)(b)[8], in which case the revocation shall be effective for two years, or a felony, as set out in § 450- 302A(13)(b)[8], in which case the revocation shall be for five years.
B.
Remedies. In addition to remedies for violation of this chapter,
a person who operates or causes to be operated an adult entertainment
facility without a valid license, or in violation of this Zoning Ordinance,
may be subject to an action in equity, or a suit for injunction, or
such other action as shall be permitted by law, at the discretion
of the Township.
An airport and/or heliport is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area: 30 acres for an airport and 15 acres for a heliport;
B.
All facilities shall be designed and operated in strict compliance
with all applicable state and federal laws and regulations;
C.
The applicant shall furnish evidence of the obtainment of a license
from the Pennsylvania Department of Transportation, Bureau of Aviation,
prior to the approval of the conditional use application; and
D.
No part of the takeoff/landing strip and/or pad shall be located
nearer than 500 feet from any property line, nor within 1,000 feet
of any existing residential use.
An amusement arcade is permitted as provided in Article 2 herein and subject to the following criteria:
A.
All activities shall take place within a completely enclosed building;
B.
The applicant must furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the arcade; and
C.
A plan for the cleanup of litter shall be furnished and implemented
by the applicant.
An animal hospital, animal clinic, and/or animal sport training facility with or without kenneling is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area. If animals are kept inside at all times, the minimum
lot size of the underlying district applies. For sites where animals
may be outside, the minimum lot size is five acres.
B.
All animal boarding buildings that are not completely enclosed, and
any outdoor animal pens, stalls or runways, shall be located on the
opposite side of the building from parking areas or at least 200 feet
away with a landscape screen. Outdoor activity areas, animal pens,
stalls and runways shall also be screened with a landscape screen
from adjoining properties and shall be a minimum of 100 feet without
kenneling and 300 feet with kenneling from any residential zone or
use.
C.
The site shall be designed to control the impact of any noise or
odor on any adjoining property.
D.
In addition to the individual pens, the building and/or fence enclosure
must provide two means of restricting access to help prevent accidental
escapes.
E.
The applicant shall furnish evidence of effective means of animal
and veterinary waste collection and disposal which shall be implemented.
An automobile filling station is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Underground storage tanks shall be a minimum of five feet above seasonal
high-water table and setback a minimum of 200 feet from perennial
streams, ponds and wetlands;
B.
Best management practices must be employed and maintained to minimize
chemicals in stormwater;
C.
A fully redundant leak prevention and monitoring system shall be
installed and maintained;
D.
The subject property shall have a minimum width of 125 feet;
E.
The subject property shall have access from a collector road;
F.
All structures (including underground tanks) shall be located at
least 300 feet from the closest point on the exterior lot line of
any lot containing a school, day-care facility, park, playground,
library, hospital or nursing, rest or retirement home;
G.
The outdoor storage of motor vehicles (whether capable of movement
or not) for more than two weeks is prohibited;
H.
All structures (including air compressors, kiosks, canopies, gasoline
pump islands, but not permitted signs) shall be set back at least
30 feet from any street right-of-way line;
I.
All equipment, auto parts, dismantled or disabled vehicles, whether
registered or not, unregistered vehicles, and supplies shall be located
within a completely enclosed structure;
J.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet and oriented away from any adjoining residence;
K.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations;
L.
Fueling pumps shall be configured in such a way to prevent stacking/encroachment
into the required access drives; and
M.
For new construction and existing facilities being upgraded, pumps
are required to be connected to backup generator power in the case
of an electrical power outage.
A bank or similar financial institution is permitted as provide in Article 2 herein subject to the following criteria:
A.
All drive-through lanes and automated teller machines shall be located,
and each site shall contain convenient parking spaces, so that the
off-site movement of vehicles will not be hampered by the drive-through;
B.
A minimum of 60 feet of shared on-site stacking for a drive-through
and ATM, a minimum of nine feet wide preceding the dedicated access
drives or aisles is required;
C.
Each drive-through lane shall have a minimum of 40 feet of dedicated
on-site stacking, a minimum of nine feet wide preceding the window
or ATM, exclusive of access drives or aisles; and
D.
Any exterior microphone/speaker system shall be designed, arranged,
and operated so as to prevent objectionable noise impact on adjoining
properties.
A banquet hall or reception venue is permitted as provide in Article 2 herein subject to the following criteria:
A.
Operations shall not produce excessive noise, lighting, or other
aspects and nuisance factors to residential or public uses which are
in the proximity.
B.
Banquet hall operations shall cease between the hours of 12:00 midnight
and 6:00 a.m. prevailing time.
C.
All outdoor entertainment shall cease between the hours of 11:00
p.m. and 7:00 a.m. prevailing time.
D.
Location of buildings and structures, traffic circulation and parking
lots shall be designed to provide access for emergency vehicles.
E.
Off-street loading and parking shall be provided as required by this
chapter.
F.
Storage of equipment and materials shall be in an enclosed building.
G.
Any and all lighting shall comply with requirements set forth in
this chapter.
H.
All property lines adjoining residential use or zoning classification
shall be screened by a buffer as defined by this chapter.
I.
Compliance with all applicable federal, state, local laws, regulations,
building codes and Liquor Control Board shall be required.
A bed-and-breakfast is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used;
B.
Any modifications to the external appearance of a building (except
fire escapes) shall complement its residential character;
C.
All floors above grade or below grade shall have a permanently affixed
direct means of escape to ground level;
D.
All parking areas shall be set back a minimum of 25 feet from all
property lines and shall be screened from adjoining lots and streets;
E.
Meals shall be offered only to registered overnight guests;
F.
The applicant shall furnish proof of any needed land development
approvals;
G.
Guests shall not stay more than 21 days in any calendar year; and
H.
Regardless of regulations found elsewhere within this chapter, signs
are permitted for this use at a maximum of eight square foot per side
and a maximum height of six feet.
A boardinghouse is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The minimum lot area requirements shall be 20,000 square feet, plus
500 square feet additional lot area per boarder (up to six boarders);
B.
The applicant shall furnish evidence that public water and sewer
service shall be used;
C.
No modifications to the external appearance of the building which
would alter its residential character, shall be permitted;
D.
All floors above grade and/or below grade shall have a permanently
affixed direct means of escape to ground level;
E.
The applicant shall furnish proof of any needed land development
approval; and
F.
A fifteen-foot landscape screen alongside and rear lot lines is required.
A campground is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The minimum lot size for all campgrounds shall be 50 acres.
B.
In no case shall there be more than 10 campsites per acre within
the campground.
C.
All campsites shall be located at least 100 feet from any side or
rear property line and at least 100 feet from any street line.
D.
All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining properties. All outdoor play areas
shall be used exclusively by registered guests and their visitors.
E.
A fifty-foot wide landscape buffer shall be provided adjacent to
all property lines and public road right-of-way lines.
F.
All campgrounds shall furnish centralized completely enclosed sanitary
and garbage collection facilities that are leakproof and verminproof
that shall be set back a minimum of 200 feet from any property line
and shall be screened.
G.
Any accessory retail or accessory commercial uses shall be set back
a minimum of 200 feet from any property line. Such accessory retail
or commercial uses shall be solely designed and constructed to serve
the campground's registered guests and their visitors. Any parking
spaces provided for these retail or commercial uses shall have vehicular
access from the campground's internal road rather than the public
street. All accessory retail and commercial uses and related parking
spaces shall be screened from adjoining properties.
H.
A minimum of 40% of the gross area of the campground shall be devoted
to active and passive recreational facilities.
I.
Every campground shall have an office and a public phone. The public
phone shall be accessible 24 hours per day, and the office shall be
staffed 24 hours per day.
J.
All water facilities, sewage disposal systems, restrooms, solid waste
disposal and vermin control shall be approved and maintained in accordance
with the requirements of the PA DEP.
K.
All lighting shall be arranged and shielded so that no glare of direct
illumination shall be cast upon adjacent properties or public streets.
L.
All campgrounds containing more than 100 campsites shall have vehicular
access to a collector street as identified in Township ordinances.
M.
An internal road system shall be provided. The improved cartway width
of one-way access drives shall be at least 12 feet, and the improved
cartway width of two-way access drives shall be at least 18 feet.
On-drive parallel parking shall not be permitted.
N.
Roads and access drives shall be provided in such a manner so that
ingress and egress for each campsite lot is provided without encroaching
or entering upon any other campsite lot.
O.
The minimum area of a campsite shall be 2,500 square feet and shall
be so dimensioned, improved, and arranged that when occupied no part
of any unit, including accessory attachments, shall be within 10 feet
of any designated campsite boundary.
P.
Each campsite may be occupied only by i) one recreational vehicle
or one trailer or one camper or one tent; or ii) two tents; or iii)
one recreational vehicle and one tent; or iv) one trailer and one
tent; or v) one camper and one tent; and shall have one stabilized
parking space large enough for at least one RV and one automobile.
Q.
No permanent structures shall be permitted on any campsite other
than fireplaces.
R.
No recreational vehicle may be parked within a campground for more
than 90 consecutive days. No recreational vehicle which has been parked
in a campground may return to that campground for a period of at least
90 days.
S.
No persons shall be permitted to permanently reside on any campsite.
T.
A fire prevention and protection plan shall be provided.
A car wash facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Public sewer and public water facilities shall be utilized and gray
water recycling is required.
B.
For automatic and self-service car washes, each washing bay shall
provide a minimum 100-foot long on-site stacking lane which precedes
the washing process. For full-service car washes, such on-site stacking
shall be a minimum of 300 feet per bay.
C.
For full-service car washes, a postwashing drying area shall be provided
for no less than six vehicles per washing bay.
D.
All structures housing washing apparatuses shall be of masonry construction
and set back 100 feet from any street right-of-way line, 50 feet from
any rear property line, and 20 feet from any side lot line.
E.
Trash receptacles shall be provided and routinely emptied to prevent
the scattering of litter, and the applicant shall furnish and implement
a working plan for the cleanup of litter and debris.
F.
The subject property shall front on an arterial or major collector
road.
G.
The applicant shall demonstrate adequate provision for the collection
and disposal of greases and wastes.
A cemetery is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area: five acres with a 10% maximum impervious coverage;
B.
All burial plots or structures shall be located at least 20 feet
from any property line or street right-of-way line;
C.
Assurances must be provided that water supplies of surrounding properties
will not be contaminated by burial activity within the proposed cemetery;
E.
A ten-foot landscaping buffer designed in accordance with Chapter 435, Subdivision and Land Development, shall be provided along the perimeter of the lot contiguous to the cemetery;
F.
An ornamental fence or twenty-foot landscape buffer designed in accordance with Chapter 435, Subdivision and Land Development, shall be shall be provided along the perimeter of the lot contiguous to the cemetery where the lot abuts an existing residential use or a residential zoning district; and
G.
No parking area shall be located within the required front, side
or rear yards.
A church or other religious institution is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Place of worship.
(1)
Minimum lot area: one acre, plus one additional acre for every
100 additional sanctuary seats or fraction thereof above 500 seats;
(2)
Minimum lot width: 200 feet;
(3)
Maximum lot coverage: must not exceed the maximum impervious
coverage of the underlying zone;
(4)
Maximum building height: 45 feet, except that steeples, spires,
domes and similar architectural features may exceed this maximum,
provided the feature is set back an additional one foot from each
property line for each foot of additional height above the maximum;
(5)
Setbacks: 50 feet on each side, front and rear; and
(6)
All off-street parking areas shall be set back at least 25 feet
from the street right-of-way line.
B.
Residences related to religious institutions.
(1)
All residential uses shall be accessory and located upon the
same lot or directly adjacent to a lot containing a place of worship;
and
(2)
All residential uses shall be governed by the location, height
and bulk standards imposed upon other residences within the site's
zone, except that any number of persons, such as in a convent and/or
seminary, may share group quarters.
C.
Educational and/or day-care facilities related to religious institutions. Educational and/or day-care facilities related to religious institutions are permitted as provided in Article 2 herein and are subject to the requirements for said uses enumerated elsewhere in this chapter.
D.
Parking. Required parking spaces must be calculated and provided
based on each proposed use on the parcel; shared parking for multiple
uses, provided the applicant can demonstrate that the demand for the
uses does not occur at the same time and that the shared parking meets
all the requirements for shared parking facilities elsewhere in this
chapter.
A commercial convenience center is permitted as provided in Article 2 herein and subject to the following criteria:
A.
No individual lot within the commercial convenience center shall
contain less than two acres nor be less than 200 feet wide.
B.
A commercial convenience center shall include a combination of at
least three of the following uses and must meet all requirements of
that specific use:
(1)
Automobile filling stations (including minor incidental repair
and/or accessory service);
(2)
Banks or similar financial institutions;
(3)
Barbers and beauty salons;
(4)
Convenience grocery and/or dairy stores;
(5)
Dry-cleaner store branches (not including on-site cleaning);
(6)
Pharmacies and/or drugstores;
(7)
Photocopying stores;
(8)
Photographic studios;
(9)
Restaurants, including fast-food facilities, but excluding drive-through
facilities;
(10)
Retail sales of stationery, office supplies; and
(11)
Other retail service businesses.
C.
No developed area of a commercial convenience center shall exceed
five acres in size.
D.
All buildings, structures, parking lots, off-street loading areas,
dumpsters, and access drives associated with a commercial convenience
center shall be set back at least 100 feet and screened with a thirty-foot
landscape screen from any adjoining property within the AC, RA, RS-1,
RS-2, RS-3, and MU-1 Zones or any residential use.
E.
No more than two access drives shall provide vehicular access to a commercial convenience center. All access shall comply with the provisions of Article 4 and the requirements of Chapter 435, Subdivision and Land Development. If it is possible for an access drive(s) to connect to an arterial, or a road of lesser designation, then the access drive(s) shall connect to the road of lesser designation.
F.
A thirty-foot landscaped buffer shall be provided along street rights-of-way.
The following provisions shall apply to commercial solar power
facilities within the Township:
A.
Impervious coverage and building coverage. The area of any solar
panels (including, without limitation, framing for the same) shall
not be included in the calculation of impervious surface, impervious
coverage or building coverage, provided that the area directly beneath
the solar panels remains pervious for purposes of determining compliance
with the area and bulk criteria set forth in this section. The base
attached to the ground shall count toward impervious coverage calculation.
B.
Commercial solar panels (including, without limitation, framing for
the same) may not extend into required setbacks.
C.
Lot size and area and bulk regulations. The lot size and area and
bulk regulations applicable in the zoning district in which a commercial
solar power facility is located shall apply to the commercial solar
power facility, except that the maximum height of the solar or photovoltaic
panels aboveground surface shall not exceed 12 feet.
D.
Buffer screen. Each commercial solar power facility shall include
a buffer to create a continuous visual screen between the solar power
facility and a person standing at ground level on an adjacent residentially
zoned lot or a public right-of-way. Such buffer shall be comprised
of opaque fencing, landscaping, earthen berms, or some combination
thereof to be approved by the Township Zoning Officer. Said buffer
shall be not less than eight feet in height and not less than 10 feet
in width.
E.
Solar access. The owner or operator of any commercial solar power
facility shall not erect or plant on the lot on which the commercial
solar power facility is located any building, structure, fencing or
landscaping which would block sunlight from reaching less than 90%
of any solar panel between the hours of 8:00 a.m. and 4:00 p.m.
F.
Glare. No commercial solar power facility shall create glare visible
from adjoining public rights-of-way, streets, or adjacent lots when
viewed by a person standing on ground level or which shall be visible
from any floor level in a structure measuring 35 feet or less and
located on an adjacent property.
G.
Vehicular access. Each commercial solar power facility shall be provided
with a stabilized means of vehicular access to and from a public roadway.
(Access drive shall be paved to the right driveway line.)
H.
Commercial solar power facilities, including all components thereof,
shall be designed to meet any and all applicable building code requirements.
Communications antennas mounted on an existing public utility transmission tower, building or other structure, including existing communications towers and communications equipment buildings, are permitted as provided in Article 2 and subject to the following criteria:
A.
The applicant shall demonstrate that the proposed location is necessary
for the efficient operation of the system.
B.
The applicant shall submit notice of approval for the proposed installation
from the Federal Aviation Administration and the Federal Communications
Commission or evidence that no such approval is required.
C.
Building-mounted communications antennas shall not be located on
any single-family residential, single-family semidetached, or single-family
attached dwelling.
D.
In addition to the other requirements of this section, building-mounted
communications antennas shall not be permitted to exceed the height
limitations of the applicable zone by more than 20 feet.
E.
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
F.
Directional or panel communications antennas shall not exceed five
feet in height and three feet in width.
G.
The applicant shall submit evidence from a Pennsylvania registered
professional engineer certifying that the proposed installation will
not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the communications
antenna location.
H.
The applicant shall submit detailed construction and elevation drawings
indicating how the communications antennas will be mounted on the
structure.
I.
The applicant shall submit evidence of agreements and/or easements
necessary to provide access to the building or structure on which
the communications antennas are to be mounted so that installation
and maintenance of the communications antennas and communications
equipment building can be accomplished.
J.
The applicant proposing communications antennas to be mounted on
any existing tower shall completely enclose the tower by an eight-foot
high nonclimbable fence with a self-locking gate with a combination
lock, and posted for "no trespassing" and "danger" all located outside
of the existing leased area.
K.
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
L.
Communications antennas shall not cause radio frequency interference
with other communications facilities.
M.
A communications equipment building shall be subject to the height
and setback requirements of the applicable zone for an accessory structure.
N.
The owner or operator of the communications antennas shall be licensed
by the Federal Communications Commission to operate such antennas.
O.
Except where installed on an existing public utility transmission
tower, existing water tank, or existing communications tower, the
communications antennas and related equipment and facilities shall
be visually disguised or concealed, and the applicant shall submit
testimony on how the communications antennas and related equipment
and facilities will be disguised or concealed so that they are not
visible from the surrounding area.
P.
The applicant shall submit a plan for the removal of the communications
antenna and related equipment and facilities when they become functionally
obsolete or are no longer in use. The applicant shall furnish a bond
or other guarantee, acceptable to the Township Solicitor, guaranteeing
the removal of the facility within three months from the date the
applicant ceases use of the facility or the facility becomes obsolete.
Q.
The Township may require the applicant to post a maintenance or performance
bond in an amount sufficient to secure the installation and maintenance
of the communications antenna and related equipment and facilities
during their lifetime.
Communications antennas, towers, and equipment are permitted as provided in Article 2 herein and subject to the following criteria:
A.
The applicant must demonstrate that the proposed location is necessary
for the efficient operation of the system.
B.
An applicant proposing construction of a new communications tower
shall demonstrate that such applicant has made a good faith effort
to obtain permission to mount the antenna(s) on existing structures
(water tank, electrical transmission tower, communications tower,
etc.). A good faith effort shall require that applicant contact all
owners of potentially suitable structures within a one-mile radius
of the proposed communications tower site and that one or more of
the following reasons for not selecting such existing structure or
communications tower apply:
(1)
The proposed antenna(s) and related equipment would exceed the
structural capacity of the existing structure or tower, and reinforcement
of such existing structure or tower is not possible.
(2)
The proposed antenna(s) and related equipment would cause radio
frequency interference with other existing equipment at that location
and that such interference cannot be prevented.
(3)
Such existing structures or towers do not have adequate location,
space, access or height to accommodate the proposed antenna(s) and
related equipment or to allow it (them) to perform its (their) intended
function.
(4)
Addition of the proposed antenna(s) and related equipment would
result in electromagnetic radiation from such location exceeding applicable
standards established by the Federal Communications Commission.
(5)
Applicant could not reach a commercially reasonable agreement
with the owner of existing structures or towers.
C.
The applicant shall provide a written commitment that it will rent
space on a tower to other communications providers to minimize the
total number of towers necessary within the region. In order to reduce
the number of communications antenna support structures needed in
the future, any proposed support structure shall be designed, and
certified to by a professional engineer, to accommodate other users,
including, but not limited to, police, fire and emergency services.
D.
The applicant shall demonstrate that the communications tower and
all communications antennas to be installed on the communications
tower are the minimum height required to function satisfactorily.
In no event shall the height of the communications tower and/or antennas
exceed the maximum permitted height of the applicable zone by more
than 40 feet.
E.
Any communications tower shall be set back from each property line
a distance equal to its height, but in no circumstances less than
50 feet from any property line. This setback shall also be applicable
to guide wire anchors for the communications tower.
F.
All towers shall be completely enclosed by an eight-foot high nonclimbable
fence with a self-locking gate secured with a combination lock, and
posted for "no trespassing" and "danger" all located outside of the
existing leased area.
G.
The applicant shall furnish expert testimony regarding the construction
methods or other measures used to prevent the toppling of any communications
tower onto adjoining properties and/or roads and the wind-borne scattering
of ice onto adjoining properties and/or roads. The applicant shall
be required to implement construction methods or standards to prevent
such occurrences.
H.
Communications towers shall be sited so as to separate them from
adjacent activities and structures located on adjoining lots.
I.
The applicant shall submit notice of approval for the proposed installation
from the Federal Aviation Administration and the Federal Communications
Commission.
J.
Communications towers which contain communications antennas which
are capable of transmitting signals shall not create electrical, electromagnetic,
microwave, or other interference off-site.
K.
The applicant shall submit a plan for the removal of the communications
tower and all communications antennas on such communications tower
and all related equipment and facilities when they become functionally
obsolete or are no longer in use. The applicant shall furnish a bond
or other guarantee, acceptable to the Township, guaranteeing the removal
of the facility within three months from the date the applicant ceases
use of the facility or the facility becomes obsolete.
L.
The Township may require the applicant to post a maintenance or performance
bond in an amount sufficient to secure the installation and maintenance
of the communications tower, communications antenna and related equipment
and facilities during their lifetime.
M.
A communications equipment cabinet or structure shall not contain
more than 200 square feet of gross floor area or be more than 12 feet
in height.
N.
Towers shall be designed to blend into their surroundings in such
a way that they are camouflaged from ground level view to minimize
visual obtrusiveness.
O.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
P.
A landscape plan shall be prepared in accordance with the landscaping
requirements of the Subdivision and Land Development Ordinance.[1] A landscape screen shall be required to screen as much
of the height of the communications tower as possible, the fence surrounding
the communications tower, and any other ground level features (such
as equipment cabinets or a building).
Q.
Existing vegetation on and around the site shall be preserved, to
the greatest extent possible, and maintained according to an approved
maintenance plan.
R.
Towers shall not be artificially lighted, unless required by the
Federal Aviation Administration or other applicable authority. If
lighting is required, the lighting alternatives and design chosen
must comply with the lighting standards of this chapter.
A continuing care retirement community (CCRC) is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area: 75 acres.
B.
Any development must be serviced by public water and sanitary sewage
systems.
C.
Minimum lot width at building setback line: 300 feet.
D.
Minimum setback from existing public streets on which the continuing
care retirement community district abuts.
E.
Minimum setback from other property lines:
(1)
Congregate building: 300 feet, or 500 feet from any existing
dwelling, whichever is greater.
(2)
Single-family detached, single-family semidetached, and attached
dwelling independent-living units: 100 feet.
(3)
Off-street parking facilities and refuse collection stations:
100 feet.
(4)
Facility entrance at a public street: 100 feet from side and
rear lot lines.
(5)
Accessory buildings: 50 feet, or 100 feet from existing residential
lots.
(6)
Stormwater management facilities: 100 feet from existing residential
lots.
(7)
Multiple-family independent dwellings: 125 feet.
F.
Minimum building setback from common off-street parking facilities
with the capacity of the six or more vehicles or entrance and exit
roads: 20 feet. Entrance and exit roads shall include the main road
from the site entrance up to the first internal intersection of two
or more roads which intersection is the beginning point of a loop
road. Minimum building setback from all other interior roads that
connect to the entrance and exit road and common off-street parking
facilities with the capacity of five or fewer vehicles shall be 15
feet. Building setback criteria are not to be applied to loading docks,
porte-cochere areas and service areas.
G.
Or structures containing nonresidential use(s), off-street parking
lots and loading areas shall be set back at least 75 feet from all
adjoining residentially zoned lots, or use land, and 50 feet from
all lot lines of the campus property.
H.
All buildings or structures used solely for residential purposes
shall be set back at least 50 feet from all lot lines of the campus
property.
J.
Maximum density: 3.0 dwelling units per acre. For the purpose of
this subsection, every three beds in the assisted-living facilities
and skilled nursing care facilities shall be deemed the equivalent
of one dwelling unit.
K.
Minimum open space: 30% of the lot area.
L.
A continuing care retirement community shall consist of a congregate
building and independent-living units, as follows:
(1)
The congregate building shall contain all of the following components:
(a)
Assisted-living facilities providing room, board and personal
care assistance with activities of daily living (such as bathing,
grooming and meal preparation) for individuals able to retain a moderate
degree of independence.
(b)
Skilled nursing care facilities providing professionally supervised
nursing care and related medical or other health services to individuals
not in need of hospitalization, but whose needs are above the level
of assisted living.
(2)
The congregate building may contain the following additional
components, which shall be strictly limited to occupancy in the congregate
building:
(a)
Independent apartment living units consisting of multiple dwellings.
(b)
Services for the exclusive use of residents and their guests,
limited to the following:
[1]
Rehabilitation and physical therapy facilities, including wellness
center, swimming pools and jacuzzis.
[2]
Auditoriums.
[3]
Activity rooms, craft rooms, libraries, lounges and similar
recreation facilities.
[4]
On-site retail and service facilities, limited to barbershop;
beauty parlor; convenience store; pharmacy; newsstand; gift shop;
bank; postal services; snack bar/coffee shop; bakery; and handicraft
shop, staffed by residents of the continuing care retirement community.
In the aggregate, such facilities shall be limited to no more than
5,000 square feet of floor area.
[5]
Administrative offices used in the management of the continuing
care retirement community.
[6]
Not more than four overnight guest rooms.
(3)
The independent-living units may consist of single-family detached,
single-family semidetached, attached and multiple-family dwellings.
(4)
Accessory uses permitted in the underlying zone and supporting
the CCRC.
M.
In a continuing care retirement community development, the following
development requirements shall apply:
(1)
The number of assisted-living facility beds and skilled nursing
care facility beds shall not exceed 50% of the total number of independent-living
dwelling units.
(2)
The number of apartment units shall not exceed 75% of the total
number of independent-living dwelling units.
(3)
Buildings shall be in accordance with an overall master plan
and shall be designed as a single architectural scheme.
(a)
Buildings shall be designed so as to avoid unvaried patterns
of construction or repetitive spaces between the buildings.
(b)
Variations in the setback or alignment of buildings erected
on the same frontage or attached to other buildings shall be deemed
desirable; parallel arrangements of buildings should be avoided and
desirable variations in such things as the facade, width, color, exterior
materials, construction and rooflines shall be deemed desirable.
(c)
No single wall face shall have a horizontal dimension in excess
of 240 feet.
(4)
A landscaping plan for the entire tract shall be required. The
plan shall be prepared by a qualified professional.
(5)
Outdoor refuse collection stations shall be adequately screened
and landscaped so as to be out of view of adjacent properties and
public streets.
(6)
Walking trails, gardens and public gathering spaces shall be
incorporated into the required open space.
N.
The applicant shall furnish a description of the effect of the proposed
use on the delivery of emergency and ambulance service. This description
shall be forwarded to the agencies responsible for emergency and ambulance
service in the site's vicinity for comments regarding the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use,
and any suggestions that might enhance emergency and ambulance service.
Should it be determined that the proposed use would overburden local
emergency and ambulance service, the Township may attach conditions
of approval that seek to assure adequate levels of service.
A contractor's office or shop is permitted as provided in Article 2 herein subject to the following criteria:
A.
The applicant shall provide a detailed written description of the
proposed use in each of the following topics:
(1)
The nature of the on-site activities and operations, the types
of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials and the methods for disposal
of any surplus or damaged materials. In addition the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with the state and federal regulations.
(2)
The general scale of operation in terms of its market area,
specific floor space requirements for each activity, the total number
of employees of each shift, and an overall needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g.,
noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical
disturbance, wastewater, stormwater, solid waste, etc.), including
specific measures employed to mitigate or eliminate any negative impacts.
The applicant shall further furnish evidence that the impacts generated
by the proposed use fall within acceptable levels as regulated by
applicable laws and ordinances.
B.
The maximum illuminated size shall be two acres. The total maximum
building area shall not exceed 8,000 square feet in all zones except
the Commercial and Industrial Zones.
C.
A traffic impact report shall be prepared by a professional traffic engineer, according to the requirements of Chapter 435, Subdivision and Land Development.
D.
Retail sales shall not exceed 20% of the floor area.
E.
Within all zones except the C, I, and MU-2 Zones, outdoor storage
of materials is prohibited. Outdoor storage must be screened from
view by structures and/or a thirty-foot minimum width landscape screen.
G.
The hours of operation and site activities shall be limited to 7:00
a.m. to 9:00 p.m., Monday through Friday, and 8:00 a.m. to 9:00 p.m.
on Saturday. (Operation and site activities shall include, but not
be limited to, deliveries, vehicles starting or arriving on-site,
use of backup beepers and radios, starting or running of equipment,
moving of materials, use of tools, etc.)
A convention center is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Convention centers may include any of the following uses, provided
such uses are primarily sized, located and designed as one integrated
development:
(1)
Banquet and social halls;
(2)
Commercial day-care facilities;
(3)
Health and fitness clubs;
(4)
Hotels and motels;
(5)
Indoor theaters and recreation facilities;
(6)
Information centers and booths;
(7)
Meeting rooms;
(8)
Offices;
(9)
Retail services;
(10)
Restaurants (excluding fast-food restaurants);
(11)
Retail shops and concessionaires; and
(12)
Taverns and nightclubs.
B.
Minimum required lot area: 10 acres.
C.
All uses shall be served by both public sewer and public water utilities.
D.
Required parking will be determined based upon a combination of the
types of activities proposed and the schedule listed in this chapter.
In addition, an unimproved grassed overflow parking area shall be
provided for peak use. If, at any time after the opening of the facility,
the Supervisors determine that traffic backups are occurring on adjoining
roads, and such backups are directly related to the lack of on-site
parking, the Supervisors can require the applicant to revise and/or
provide additional on-site parking space.
E.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads. If, at
any time after opening, the Township determines that traffic backups
are occurring on adjoining roads, and such backups are directly related
to the means of access to the subject property, the Township can require
the applicant to revise means of access to relieve the undue congestion.
F.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, noise, light, litter, dust, and pollution.
G.
Those uses involving extensive outdoor activities and/or display
shall provide sufficient screening and/or landscaping measures to
mitigate any visual and/or audible impacts on adjoining properties
and roads. No outdoor storage is permitted.
H.
A traffic impact report shall be prepared by a professional traffic engineer, according to requirements of Chapter 435, Subdivision and Land Development.
I.
No exterior public address system shall be permitted.
J.
All uses within the convention center shall be linked with sidewalks
and/or pathways to facilitate safe and efficient pedestrian movements.
An adult day-care facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
An adult day-care facility shall not be located in a residence or
on a property containing a residential use and shall conform to the
standards of the zoning district in which the facility is located.
B.
Enrollment shall be defined as the largest number of persons under
day-care supervision at any one time during a seven-day period.
C.
Passenger dropoff and pickup areas shall be provided on-site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
D.
The facility and any permitted accessory uses shall meet all laws,
requirements and regulations of any governmental agency having jurisdiction
over the facility and/or accessory use and shall furnish a valid registration
certificate for the proposed use, issued by the PA Department of Public
Welfare, if required.
E.
Unless otherwise provided to the contrary in a specific zoning district,
the following uses are considered permitted accessory uses to an adult
day-care facility: offices, medical clinic, rehabilitative therapies,
on-site food service, and pharmacy. All permitted accessory uses shall
be limited to servicing attendees of the adult day-care facility.
F.
If a pharmacy is present on-site, it will be for the sole use of
dispensing to clients of the adult day-care facility and not for sale
to others.
A commercial day-care facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Outdoor play areas. A minimum of 100 square feet of usable outdoor
play space and 40 square feet of usable indoor play space must be
provided for each child present at the facility. Outdoor play areas
shall be landscaped with a minimum of one shade tree per 400 square
feet of play area. Off-street parking compounds shall not be used
as outdoor play areas. Outdoor play areas shall not be located within
the front yard. Additionally, outdoor play areas shall be located
and designed so as not to disrupt normal activities of adjoining uses
permitted within the zone and/or neighborhood. Outdoor play areas
shall be completely enclosed by a minimum four-foot high fence and
screened with a twenty-foot landscape screen from adjoining residentially
zoned properties.
B.
Enrollment shall be defined as the largest number of persons and/or
children under day-care supervision at any one time during a seven-day
period.
C.
Passenger dropoff and pickup areas shall be provided on-site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
D.
All commercial day-care facilities shall obtain and maintain proper
licensure from the Commonwealth of Pennsylvania.
E.
The applicant shall demonstrate that adequate safeguards are provided
to protect students from nearby industrial activities and uses.
A family day-care facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Parking shall be arranged such that there is no need to back up onto
a collector road;
B.
All family day-care facilities shall furnish a valid registration
certificate for the proposed use, issued by the PA Department of Public
Welfare, if required; and
C.
Outdoor play areas shall not be located between the front of the
building and the street or access right-of-way, unless located more
than 150 feet from the right-of-way.
A dry cleaner and/or laundry facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Public sewer and water shall be used;
B.
All activities shall be conducted within a completely enclosed building;
C.
During operation or plant cleanup and maintenance, all windows and
doors on walls facing adjoining residential zones shall be kept closed;
and
D.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially zoned property.
Essential services shall be permitted in any zone, except in
areas subject to flooding, without regard to the use and area regulations;
provided, however, that building, structures and equipment erected
for these services shall be subject to the following regulations:
A.
Where feasible, front, side and rear yards shall be provided in accordance
with the regulations of the district in which the facility is located.
B.
Height shall be as required by the district regulations.
C.
All buildings and equipment shall be enclosed with a chain-link fence six feet in height. A minimum of a thirty-five-foot landscape screen meeting the requirements of Chapter 435, Subdivision and Land Development, and Article 4 shall be provided along the perimeter of the lot in all zones, except Industrial and Commercial. In these zones a fifteen-foot landscape buffer meeting the requirements of Chapter 435, Subdivision and Land Development, and Article 4 shall be provided along the perimeter of the lot.
D.
In all zones other than C and I, when the equipment is totally enclosed
within a building, and the building is designed and constructed to
emulate the residential character of the surrounding area through
the use of brick, stone, stucco, residential windows and doors, and
architectural grade shingles, the landscape screen may be reduced
to 20 feet along all property lines except the front, which may be
reduced to a twenty-foot landscape buffer.
E.
The access to the essential service must be paved.
F.
In residential districts, the permitted essential services facilities
shall not include the storage of vehicles or equipment used in the
maintenance of any utility and no equipment causing excessive noise,
vibration, smoke, odor or hazardous effect shall be installed.
G.
Site development plans of the facility shall be submitted to the
Township for review and approval, as provided in the Carroll Township
Zoning and Subdivision/Land Development Ordinances.
A farmers markets and/or flea market is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The retail sales area shall be considered to be that of the smallest
rectangle, or other regular geometric shape which encompasses all
display stands, booths, tables or stalls, plus any adjoining aisles
and/or walkways from which consumers can inspect items for sale. The
retail sales area shall include all indoor and/or outdoor areas as
listed above.
B.
The retail sales area shall be set back at least 50 feet from all
property lines and shall be calculated as part of the maximum permitted
lot coverage, regardless of its surface treatment.
C.
All outdoor display and sales of merchandise shall not begin prior
to 7:00 a.m. and shall cease no later than 7:00 p.m. local time.
D.
No exterior amplified public address system shall be permitted.
E.
The applicant shall be required to demonstrate adequacy of sewage
disposal and water supply.
F.
Exterior trash receptacles shall be provided with any outdoor retail
sales area. Such trash receptacles shall be routinely emptied so as
to prevent the scattering of litter and debris. All applications shall
include a description of a working plan for the cleanup of litter.
A.
A forestry operation is permitted in all zoning districts and subject
to the following criteria.
B.
Forestry operation. To encourage maintenance and management of forested
or wooded open space and promote the conduct of forestry as a sound
and economically viable use of forested land and forestry activities,
including, but not limited to, timber harvesting, and to be in compliance
with the Pennsylvania Municipalities Planning Code,[1] as amended, forestry shall be a permitted use by right
in all zoning districts. The following standards apply to all timber
harvesting within the Township when harvesting 40 or more trees involving
more than two acres. These provisions do not apply to the cutting
of trees for the personal use of the landowner or for precommercial
timber stand improvement.
(1)
Notification and preparation of a logging plan.
(a)
For all timber harvesting operations, the landowner shall notify
the Township Zoning Officer at least 10 business days before the operation
commences and within 10 business days before the operation is complete.
No timber harvesting shall occur until the notice has been provided.
Notification shall be in writing and shall specify the land on which
harvesting will occur, the expected size of the harvest area, and,
as applicable, the anticipated starting or completion date of the
operation.
(b)
Every landowner on whose land timber harvesting is to occur
shall prepare a written logging plan in the form specified by this
chapter. No timber harvesting shall occur until the plan has been
prepared. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site at
all times during the operation and shall be provided to the Township
Zoning Officer prior to the start of timber harvesting.
(c)
The landowner and the operator shall be jointly and severally
responsible for complying with the terms of the logging plan.
(2)
Contents of the logging plan. At a minimum the logging plan
shall include the following conditions:
(a)
The design, construction, maintenance, and retirement of the
access system, including haul roads, skid roads, skid trails, and
landings.
(b)
The design, construction, and maintenance of water control measures
and structures, such as culverts, broad-based dips, filter strips,
and water bars.
(c)
The design, construction, and maintenance of stream and wetland
crossings.
(d)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
(e)
A sketch map or drawing containing the site location and boundaries,
including both the boundaries of the property on which the timber
harvest will take place and the boundaries of the proposed harvest
area within the property; significant topographic features related
to potential environmental problems; location of all earth disturbance
activities, such as roads, landings, and water control measures and
structures; location of all crossings of waters of the commonwealth;
and the general location of the proposed operation to municipal and
state highways, including any accesses to those highways.
(f)
Documentation of compliance with the requirements of all applicable
state regulations including, but not limited to, the following: erosion
and sedimentation control regulation contained in Title 25 Pennsylvania
Code, Chapter 102, promulgated pursuant to the Clean Streams Law,
35 P.S. 691.1 et seq; and stream crossing and wetlands protection
regulations contained in Title 25 Pennsylvania Code, Chapter 105,
promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S.
693.1 et seq.).
(g)
Any permits required by state laws and regulations shall be
attached to and become part of the logging plan. An erosion and sedimentation
pollution control plan that satisfies the requirements of Title 25
Pennsylvania Code, Chapter 102, shall also satisfy the requirements
for the logging plan and associated map specified above, provided
all information required is included or attached.
(3)
The following requirements shall apply to all timber harvesting
operations in the Township:
(a)
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of the Township or
the Pennsylvania Department of Transportation; whichever is responsible
for maintenance of the thoroughfare.
(b)
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway providing access to adjoining residential
property.
(c)
All tops and slash between 25 feet and 50 feet of any public
roadway or private roadway providing access to adjoining residential
property or within 50 feet of adjoining residential property shall
be lopped to a maximum height of four feet above ground.
(d)
No tops or slash shall be left on or across the boundary of
any property adjoining the operation without the consent of the owner
thereof.
(e)
Litter resulting from a timber harvesting operation shall be
removed from the site before the operator vacates it.
(4)
Responsibility for road maintenance and repair; road bonding.
Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter
49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and
the operator shall be responsible for repairing any damage to Township
roads caused by traffic associated with the timber harvesting operation
to the extent the damage is in excess of that caused by normal traffic
and may be required to furnish a bond to guarantee the repair of such
damages.
(5)
The Township Zoning Officer shall be the enforcement officer
for the standards set forth herein.
(6)
The Township Zoning Officer may go upon the site of any timber
harvesting operation before, during, or after active logging to review
the logging plan or any other required documents for compliance with
the standards and inspect the operation for compliance with the logging
plan and other on-site requirements of these regulations.
[1]
Editor's Note: See 53 P.S. § 0101 et seq.
A fuel storage and supply facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot size is 10 acres;.
B.
All tanks, equipment and appurtenances must be set back a minimum
of 200 feet from all industrial zoned property lines and 500 feet
from any nonindustrial use or zone boundary;.
C.
An impervious liner is required below all tank containment systems.
All tanks shall have a containment system capable of holding tank
contents in the event of a rupture.
D.
An emergency response plan must be completed and sent to the EMA
Coordinator with the building permit application.
E.
A fifty-foot landscape buffer is required along all property lines.
F.
Tanks shall be maintained in good working order, free of rust. Tanks
and appurtenances shall be painted a neutral color that minimizes
reflective glare.
G.
Unused tanks and appurtenances shall be removed from the site within
six months notification from the Township.
A golf course and/or driving range is permitted as provided in Article 2 herein and subject to the following criteria:
A.
A golf course and/or driving range shall be considered a development
and subject to the requirements thereof;
B.
All proposed golf courses and/or driving ranges shall submit legible
accurate site plans drawn to a scale;
C.
A golf course and/or driving range shall provide runoff control;
D.
In no case shall the golf course design permit or encourage a golf
ball to be driven across any building, building lot, parking lot,
street, access drive, or driveway;
E.
Golf cart paths shall not be permitted to cross any public road at
grade;
F.
All buildings shall be set back 75 feet from any adjoining street
right-of-way and 100 feet from adjoining residential use or zone;
G.
Golf courses may include the following accessory uses, provided such
uses are reasonably sized and located so as to provide incidental
service to the golf course employees and users:
(1)
Clubhouse, which may consist of:
(a)
Administrative offices;
(b)
Day care for those using the golf course;
(c)
Game rooms, including card tables, billiards, ping-pong, video
games, pinball machines, and other similar table games;
(d)
Golf cart and maintenance equipment storage and service facilities;
(e)
Fitness and health equipment, including workout machines, spas,
whirlpools, saunas, and steam rooms;
(f)
Locker rooms and restrooms;
(g)
Retail sales not to exceed 5,000 square feet of floor area;
and
(h)
Restaurant, snack bar, lounge, and banquet facilities.
(2)
Accessory recreation amenities located outside of a building,
including:
(a)
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and
washers courses;
(b)
Driving range, provided that the applicant shall furnish expert
evidence that all lighting has been arranged to prevent glare on adjoining
properties and streets;
(c)
Hiking, biking, horseback riding, and cross-country ski trails;
(d)
Picnic pavilions, picnic tables, park benches, and barbecue
pits;
(e)
Playground equipment and playlot games, including four square,
dodgeball, tetherball, and hopscotch;
(f)
Practice putting greens;
(g)
Swimming pools; and
(h)
Tennis, platform tennis, handball, racquetball, squash, volleyball,
and badminton courts.
(3)
Freestanding maintenance equipment and supply buildings and
storage yards.
I.
All dumpsters and off-street parking and/or loading areas shall be
screened from adjoining or nearby residences. In addition, all off-street
loading and dumpsters shall be screened from adjoining roads; and
J.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees or offering of services (roaming parking lot attendants,
bag check, etc.) shall be conducted in a manner to prevent vehicle
backups on adjoining roads. If, at any time after opening, the Township
determines that traffic backups are occurring on adjoining roads,
and such backups are directly related to the means of access to the
subject property, in addition to any other enforcement remedies, the
Township can require the applicant to revise means of access to relieve
the undue congestion.
A health and fitness club is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Off-street parking shall be provided as required by the combination
of elements comprising the health and fitness club, including accessory
uses;
B.
All outdoor recreation facilities shall be set back at least 50 feet
from the street right-of-way line, at least 25 feet from all other
lot lines, and at least 100 feet from any residentially zoned properties
or existing residential use; and
C.
Any accessory eating facilities, or retail use, shall not be directly
accessible without passing through the main clubhouse building and
shall not be located in a separate building.
A health care campus, nursing home, and/or hospital is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area: five acres.
B.
Density: as provided in Article 2, except each 1.5 care beds associated with medical use shall constitute one dwelling unit.
C.
Adequate provision shall be made for a system of roads sufficient
to accommodate predictable vehicular traffic and to ensure safe and
efficient vehicular access for emergency management equipment.
D.
Applicant shall provide an overall landscaping plan for the health
care campuses, nursing homes, and hospitals. A natural buffer screening
plan shall also be submitted with the landscaping plan and shall address
screening of adjoining residential dwellings or appropriate sensitive
areas.
E.
Emergency entrances shall be located on a building wall which faces
away from adjoining residentially zoned properties or adjacent residential
use or is separated by at least three 300 feet from residentially
zoned properties or adjacent residential use.
F.
Public sewer and public water utilities shall be utilized.
G.
Materials and waste handling. Evidence shall be provided indicating
that the disposal of all materials and wastes will be accomplished
in a manner that complies with state and federal regulations.
H.
Where more than one of the uses enumerated below are proposed either
at one time or separately over time, integrated site function and
design shall be required consistent with the creation of a campus-like
environment.
I.
Permitted uses. In addition to permitted uses within the definitions
herein and state law requirements, the following uses are also permitted:
(1)
Commercial day-care facilities;
(2)
Commercial schools with exclusively health care-related curricula
intended to prepare enrolled students for careers in health care,
nursing schools, and other allied health technology training programs;
(3)
Health and fitness clubs;
(4)
Hospitals and hospices;
(5)
Intermediate care and skilled nursing facilities;
(6)
Medical offices;
(7)
Outpatient health services, including, but not limited to, laboratories,
radiological and diagnostic imaging services, blood banks, outpatient
surgery centers, and outpatient clinics and patient care facilities;
and
(8)
Accessory buildings, uses and services customarily incidental
to the above uses, including, but not limited to, the following:
(a)
Administrative offices;
(b)
Public uses and essential services (e.g., private central utility
plant, electrical switching facility, steam generation facility, heating
facility, ventilation facility, and oxygen facility);
(c)
Automobile parking lots and parking garages;
(d)
Housing for students, employees and their families in accordance
with the standards of the RS-2 Zone;
(e)
Lodging facilities for patients and their families;
(f)
Retail sales of medical/health care-related supplies (e.g.,
durable medical equipment, prosthetics, pharmaceutical supplies) and
retail sales/service for the convenience of employees, patients and
visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty
salons, hobby, book, automatic teller banking, food and beverage,
restaurants). All retail sales and services shall be located within
buildings in which other permitted uses are located. Retail sales
and services may not exceed 10% of the floor area of existing buildings
within this zone;
(g)
Short-term, intermittent educational programs which are not
intended to prepare students for careers in health care, but, rather,
are intended to inform employees, patients, health care providers,
or the public regarding health care issues;
(h)
Helistop; and
(i)
Incinerators and autoclaves.
J.
Specific requirements for selected accessory uses.
(1)
Heliport. The heliport shall only be used for the emergency
transport by helicopter of patients to or from other permitted health
care-related uses. The heliport shall meet all requirements for heliports
as a principal use. The applicant must demonstrate compliance, through
a written statement, and continue to comply with applicable state
and federal standards; and
(2)
Incinerators and autoclaves. Only the processing of waste generated
on-site is permitted. All processing and storage of waste shall be
conducted within a completely enclosed building. All storage of waste
shall be in a manner that is leakproof and vectorproof. No on-site
storage of waste shall exceed seven days. The incinerator shall be
set back at least a distance equal to its height from all lot lines.
The applicant must demonstrate compliance, through a written statement,
and continue to comply with all applicable state and federal standards
and regulations.
K.
The applicant shall furnish a description of the effect of the proposed
use on the delivery of emergency and ambulance service. This description
shall be forwarded to the agencies responsible for emergency and ambulance
service in the site's vicinity for comments regarding the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use,
and any suggestions that might enhance emergency and ambulance service.
Should it be determined that the proposed use would overburden local
emergency and ambulance service, the Township may attach conditions
of approval that seek to assure adequate levels of service.
A home improvement and building supply store is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The retail sales area shall be all areas open for public display,
including, but not limited to, shelves, racks, bins, stalls, tables,
and booths, plus any adjoining aisles or walkways from which consumers
can inspect items for sale. The retail sales area shall include both
interior and exterior areas as listed above.
B.
All exterior retail sales areas shall be paved and be completely
enclosed with a minimum six-foot high fence and gate. All exterior
retail sales areas shall maintain a minimum of five feet of unobstructed
sidewalk for pedestrians.
C.
All exterior storage and retail sales areas (exclusive of nursery
and garden stock) shall not be located any closer to the road or access
right-of-way than the front of the building as determined by the Zoning
Officer.
D.
No exterior public address system shall be permitted.
E.
Any drilling, cutting, sawing, mixing, crushing or some other preparation
of building materials, plus any testing or repair of motorized equipment
shall be conducted within a completely enclosed building.
F.
Storage of carts within the parking area or access drives is prohibited,
except in cart corals. Adequate cart storage area shall be provided
inside the building.
Home occupation is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The use, if approved as a special exception or variance by the Zoning
Hearing Board, shall not follow with the title of the land, but rather
the approval shall automatically terminate upon conveyance of the
property to another owner(s);
B.
The use shall be clearly incidental to the primary use of the premises
as a dwelling for living purposes;
C.
Only a person who is a resident of the dwelling may be engaged in
the home occupation use;
D.
No more than one home occupation may be located in any dwelling unit
or on any property;
E.
The home occupation shall not alter the appearance of the building
as a dwelling unit;
F.
Any mechanical equipment employed in a home occupation shall be inaudible
at the property line;
G.
No sales of any goods or merchandise shall occur on the premises,
other than those goods or merchandise which are produced on the premises;
H.
Any proposed manufacturing, other than the products of customary
hobbies and fabrication of garments by a seamstress shall, if requested,
provide written evidence that the storage, use and disposal of materials
and wastes shall be accomplished in a manner that complies with all
applicable federal, state, and county requirements;
I.
No goods shall be displayed and no services rendered so as to be
visible from the exterior of the premises; and
J.
Home occupation shall be limited to not more than 30% of the floor
area of the dwelling unit, or 500 square feet, whichever is less.
Home occupation in accessory structures are permitted as provided in Article 2 herein and subject to the following criteria:
A.
The use, if approved by the Zoning Hearing Board, shall not follow
with the title of the land, but rather the approval shall automatically
terminate upon conveyance of the property to another owner(s);
B.
The use shall be clearly incidental to the primary use of the premises
as a dwelling for living purposes;
C.
Only a person who is a resident of the dwelling may be engaged in
the home occupation use;
D.
No more than one home occupation may be located in any dwelling unit
or on any property;
E.
The home occupation shall not alter the appearance of the building
as a dwelling unit;
F.
Any mechanical equipment employed in a home occupation shall be inaudible
at the property line;
G.
No sales of any goods or merchandise shall occur on the premises,
other than those goods or merchandise which are produced on the premises;
H.
Any proposed manufacturing, other than the products of customary
hobbies and fabrication of garments by a seamstress shall, if requested,
provide written evidence that the storage, use and disposal of materials
and wastes shall be accomplished in a manner that complies with all
applicable federal, state, and county requirements;
I.
No goods shall be displayed so as to be visible from the exterior
of the premises; and
J.
The parking area required for the home occupation shall be regarded
as a potential nuisance and shall be subject to screening to minimize
any adverse effect on the immediate area.
A hotel, motel, or similar lodging facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area: five acres;
B.
Maximum residence lodging room density: 10 suites per net developable
acre;
C.
Maximum floor area ratio: 0.30 per net developable acre;
D.
Maximum height: 65 feet with a maximum of five stories.
E.
Both public sewer and public water shall be utilized;
F.
The following accessory uses may be approved as part of the application:
G.
The above accessory uses (aside from outdoor recreational uses) shall
be physically attached to the main lodging building, except that one
freestanding restaurant or tavern shall be permitted on the same lot
as a principal lodging building, subject to the following:
(1)
The proposed restaurant or tavern shall offer the preparation
and serving of food and drink to be consumed on the premises; no drive-through
or take-out services shall be permitted;
(2)
No additional freestanding signs (other than those permitted
for the principal lodging use) shall be permitted;
(3)
Sufficient required off-street parking spaces have been provided
and located to conveniently serve the freestanding restaurant, or
tavern, without interfering with required off-street parking associated
with the lodging use; and
(4)
No part of any tavern shall be located within 600 feet of any
residentially zoned land or residential use.
An intensive animal operation is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Setback requirements. Any building or structure constructed or adapted
to house an intensive animal operation or to be otherwise used in
connection with an intensive animal operation shall maintain the following
setbacks:
(1)
From any property line, at least a 300-foot setback. The 300
feet will be measured from the closest part building to the lot line.
Five hundred feet from any off-site residential zone or use.
(2)
From a watercourse, floodplain, lake, pond, or wetland, at least
300 feet.
(3)
From any well used for human consumption, in any manner, at
least 300 feet.
B.
The applicant shall submit a nutrient management plan, a soil and
water conservation plan, a waste management plan, a fly control plan
and an odor abatement or control plan. Applicant shall demonstrate
that each plan will use the then-current best management practices
to minimize adverse effects of the intensive animal operation. Applicant
shall provide evidence that each required plan meets the standards
of any governmental entity having jurisdiction to approve the plan
and meets or exceeds recommendations of the Pennsylvania Department
of Agriculture, Penn State Cooperative Extension Service, and trade
organizations. The intensive animal operation shall establish and
maintain compliance, at all times, with the requirements of the Pennsylvania
Nutrient Management Act and file any plan required thereunder with
the appropriate state of federal agency. At all times during the continuance
of the intensive animal operation, applicant shall implement the nutrient
management plan, soil and water conservation plan, waste management
plan, fly control plan, and odor abatement or control plan.
C.
The minimum lot area for an intensive animal operation shall be 25
acres. In the event that parcels of contiguous land in common ownership
consist of more than one lot, the owner must merge such tracts by
a recordable agreement with the Township, which will preclude the
tract from being placed in separate ownership without Township subdivision
approval. (An operator/owner of such operation may not transfer land
resulting in a reduction of acreage to less than 25 acres. Leased
land may not be considered for acreage hereunder.
D.
The applicant shall provide the Township with evidence that the applicant
has designed the proposed facility in a manner to maximize conservation
of water. The applicant shall identify specific techniques, such as
catching and use of water from the roof of the structure, or shall
provide the Zoning Hearing Board with evidence as to why such water
conservation measures cannot be utilized.
E.
The applicant shall provide the Township with the name, address,
and telephone number of a person to contact in the event the Township
receives complaints concerning the intensive animal operation or in
the event of emergency. Applicant shall additionally provide the Township
with an alternate point of contact in the event that the Township
is unable to reach the designated contact person.
F.
The erection of any new structure housing animals or birds shall
require a special exception. Any special exceptions for an intensive
animal operation granted under this section shall be limited to the
number of structures and the number of animals or birds set forth
in the application.
A junkyard is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area: 10 acres.
B.
The outdoor area devoted to the storage of junk shall be completely
enclosed by an eight-foot high, completely opaque fence which shall
be set back at least 50 feet from all property lines and 100 feet
from a residential zone or use.
C.
A seventy-foot landscape buffer and a thirty-foot landscape screen shall be required when adjoining a residential zone or use. A thirty-foot landscape screen and a twenty-foot landscape buffer shall be required along all other property lines. All landscaping shall meet the requirements of this chapter and Chapter 435, Subdivision and Land Development.
D.
All buildings used to store junk shall be completely- enclosed and
shall be set back at least 50 feet from all property lines.
E.
No material may be stored or stacked so that it is visible from adjoining
properties and roads.
F.
All additional federal and state laws shall be satisfied.
G.
All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water, and with no junk
piled to a height greater than eight feet, nor a width of 50 feet
and a length of 200 feet.
H.
No material shall be burned at any time.
I.
Any junkyard shall be maintained in such a manner as to cause no
public or private nuisance, nor to cause any offensive or noxious
sounds or odors, nor to cause the breeding or harboring of rats, flies,
or other vectors.
J.
No junkyard shall be located on land with a slope in excess of 6%.
K.
Leakage or discharge of liquid or solid materials shall be prohibited
and all state and federal requirements for storage of materials shall
be followed.
A.
A kennel up to and including 25 animals is permitted as provided in Article 2 herein and subject to the following criteria:
(1)
The minimum lot area is three acres;
(2)
Buildings housing animals shall be kept 200 feet from a residential
zone or use and 75 feet from other property lines;
(3)
Fenced in outdoor runs shall be provided for each animal;
(4)
Outdoor runs shall be kept 300 feet from a residential zoned
lot or use and 100 feet from other property lines;
(5)
Hours of operation shall not exceed 7:00 a.m. to 8:00 p.m.,
and outdoor exercise of animals shall not exceed 9:00 a.m. to 4:00
p.m.;
(6)
Site shall be configured to direct noise away from adjoining
properties, through siting of runs, walls, berms, and landscaping.
B.
A kennel housing 25 to 75 animals is permitted as provided in Article 2 herein and subject to the following criteria:
(1)
The minimum lot area is 10 acres;
(2)
Buildings housing animals shall be kept 300 feet from a residential
zone or use, and 150 feet from other property lines;
(3)
Fenced in outdoor runs shall be provided for each animal;
(4)
Outdoor runs shall be kept 500 feet from a residential zoned
lot or use and 250 feet from other property lines;
(5)
Hours of operation shall not exceed 7:00 a.m. to 8:00 p.m.,
and outdoor exercise of animals shall not exceed 9:00 a.m. to 4:00
p.m.;
(6)
Site shall be configured to direct noise away from adjoining
properties, through siting of runs, walls, berms, and landscaping.
C.
A kennel housing 75 animals or more in the Agricultural-Conservation Zone (AC) is permitted as provided in Article 2 herein and subject to the following criteria:
(1)
The minimum lot area is 25 acres;
(2)
Buildings housing animals shall be kept 500 feet from a residential
zone or use, and 300 feet from other property lines;
(3)
Fenced-in outdoor runs shall be provided for each animal;
(4)
Outdoor runs shall be kept 750 feet from a residential zoned
lot or use and 400 feet from other property lines;
(5)
Hours of operation shall not exceed 7:00 a.m. to 8:00 p.m.,
and outdoor exercise of animals shall not exceed 9:00 a.m. to 4:00
p.m.; and
(6)
Site shall be configured to direct noise away from adjoining
properties, through siting of runs, walls, berms, and landscaping.
D.
All kennels shall provide a waste management plan and odor abatement
control plan.
E.
All kennels shall obtain any required state licenses.
A laboratory for scientific and/or industrial research and development and/or testing are permitted as provided in Article 2 herein and subject to the following criteria:
A.
The applicant shall provide a detailed written description of the
proposed use in each of the following topics:
(1)
The nature of the on-site operations, the materials used, the
products produced, and the generation and methods for disposal of
any wastes and/or by-products. In addition, the applicant shall furnish
evidence that the storage and disposal of materials will be accomplished
in a manner that complies with state and federal regulations;
(2)
The total number of employees on each shift, and an overall
needed site size; and
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish expert evidence that the impacts generated by the
proposed use fall within acceptable levels as regulated by applicable
laws and ordinances, and will not cause the loss of use or enjoyment
of adjoining properties.
A laundromat is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Public sewer and water shall be used;
B.
All activities shall be conducted within a completely enclosed building;
C.
Any exhaust ventilation equipment shall be directed away from adjoining
residential use or residentially zoned property;
D.
The operator of the facility shall have a representative available
to contact for all hours of operation; and
E.
The applicant shall offer testimony that the proposed use will be
controlled so as to not constitute a nuisance due to noise or loitering
inside and outside the building.
A manufactured (or mobile) home park is permitted as provided in Article 2 herein, and are subject to the following requirements:
A.
The minimum parcel size for any manufactured home park development
shall be five acres.
B.
All manufactured home parks shall be served with public sewer and
public water service;.
C.
The maximum number of manufactured home units shall be limited to
five units per acre.
D.
All manufactured home parks shall be provided with a perimeter landscape
buffer that is at least 50 feet wide.
E.
No single manufactured home lot shall contain less than 4,200 square
feet.
F.
No manufactured home lot shall be within 50 feet of a park boundary,
nor within 50 feet of an outside street right-of-way. The perimeter
of the parent tract or the right-of-way line(s) of existing streets
shall constitute the park boundary.
G.
No manufactured home, office or service building shall be located
within 50 feet of a park boundary; nor within 75 feet of an outside
street right-of-way; nor within 10 feet of the right-of-way of an
interior park street, or the paved edge of a common parking area or
common walkway; nor within 25 feet of an adjacent structure or other
manufactured home.
H.
Each manufactured home 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 manufactured homes be less than 20 feet.
I.
A concrete sidewalk of a minimum width of three feet shall be provided
to each manufactured home unit from an adjacent street.
J.
There shall be a common sidewalk system four feet wide throughout
the development.
K.
All roads in the park shall be private access drives, shall be lighted to maintain four footcandles at ground level, and shall be paved and curbed in accordance with street standards of Chapter 435, Subdivision and Land Development, at least 24 feet wide without on-street parking. When on-street parking is provided, each on-street parking lane shall be eight feet wide.
L.
Street trees shall be planted and continuously maintained in accordance with Chapter 435, Subdivision and Land Development requirements.
M.
Each manufactured home lot shall abut on a park access drive with
access to such access drive. Access to all manufactured home lots
shall not be from public streets or highways.
N.
Each manufactured home space shall contain no more than one manufactured
home, nor more than one family.
O.
No less than 20% of the total manufactured home park area shall be set aside for recreation and common open space purposes. Such area may not include any of the required manufactured home park landscape buffer. No service buildings or offices may be constructed within the required recreation and open space area. Said recreation area shall be in addition to recreation areas required elsewhere in this chapter and/or Chapter 435, Subdivision and Land Development. Should the landowner and/or operator neglect to maintain the designated recreational and open space areas as depicted on the plan, the Township may then cause such required maintenance to occur, and assess the landowner for any costs incurred.
P.
Protective skirting shall be placed around the area between the ground
surface and the floor level of each manufactured home.
Q.
No travel or vacation trailer or other form of temporary living unit
shall be placed upon any manufactured home stand or used as a dwelling
within the manufactured home park.
R.
Individual manufactured home owners may install accessory or storage
sheds, extensions and additions to manufactured 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
manufactured homes.
S.
Each manufactured home shall be provided with a minimum of two paved
parking spaces, which shall be located on the manufactured home space.
If on-street parking is not provided, one additional off-street parking
space per unit shall be provided in a common visitor parking compound.
Such visitor parking compounds shall be sized, arranged, and located
so that the spaces are within 300 feet walking distance to those units
served.
T.
Each manufactured home shall be placed on an eight-inch thick poured
concrete pad over a four-inch AASHTO No. 57 stone base, the length
and width of which shall be at least equal to the length and width
of the manufactured home it is to support.
U.
Each manufactured home concrete pad shall have attachments for waste
disposal, water supply facilities and electrical service, and such
facilities shall be properly connected to an approved method of sewage
disposal, and water and electrical supply. Each manufactured home
concrete pad shall have properly designed tie downs that shall be
used to anchor the manufactured home.
V.
All manufactured home parks shall be screened with a landscape screen
from adjoining residential zone or use and roads. Screening methods
shall be described and graphically depicted as part of any conditional
use application.
A manufacturing, storage, and/or wholesaling operation of light industrial products is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Both public sewer and water shall be utilized;
B.
The applicant shall provide a detailed written description of the
proposed use in each of the following topics:
(1)
The nature of the on-site processing operations, the materials
used in the process, the products produced, and the generation and
methods for disposal of any wastes and/or by-products. In addition,
the applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
(2)
The total number of employees on each shift, and an overall
needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish expert evidence that the impacts generated by the
proposed use fall within acceptable levels as regulated by applicable
laws and ordinances.
A marijuana dispensary is permitted as provided in Article 2 herein and subject to the following criteria:
A.
A marijuana dispensary shall not be permitted to be located within
1,000 feet of any school (public, private, or parochial), day-care
center, or other marijuana dispensary.
B.
No marijuana dispensary shall be located within 300 feet of any AC,
RA, RS-1, RS-2, RS-3, or MU-1 Zone.
D.
The distance between any two marijuana dispensaries shall be measured
in a straight line, without regard to intervening structures, from
the closest point on the exterior parcel line of each establishment.
The distance between any marijuana dispensary 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 marijuana dispensary to the closest point on the property line
of said land use.
E.
The marijuana dispensary shall be a stand-alone building.
F.
All marijuana dispensaries shall gain approval from the U.S. Department
of Justice (DOJ), and/or U.S. Food Drug Administration (FDA) and comply
with state law.
A marijuana growing and/or processing facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
(1)
The nature of the on-site activities and operations, hours of
operation, number of employees, the types of materials stored, the
frequency of distribution and restocking, the duration period of storage
of materials, and the methods for disposal of any surplus or damaged
materials. In addition, the applicant shall furnish evidence that
the disposal of materials will be accomplished in a manner that complies
with state and federal regulations.
(2)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use comply with applicable laws and ordinances, including, but not limited to, those listed in Article 3 of this chapter.
B.
The subject property shall have a minimum lot area of five acres
and a minimum lot width of 300 feet. A maximum lot coverage of 70%
shall be permitted.
C.
The use shall provide sufficiently long stacking lanes and on-site
loading/unloading areas, so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking areas or loading/unloading
areas shall be permitted within 50 feet of any public street right-of-way
line.
D.
Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties. Access drives used by trucks shall only intersect with
arterial or collector roads or new streets that are proposed, designed
and constructed to serve the distribution center or warehouse.
E.
The subject property shall have a minimum of 300 feet of contiguous
road frontage along an arterial and/or collector road.
F.
Buildings, access drives, parking areas, staging areas and loading/unloading
areas on the subject property shall be located no closer than 200
feet from a residential use or zone, and/or any property containing
a school, day-care facility, park, playground, library, hospital,
nursing, rest or retirement home, or senior residential campus.
G.
Access driveways shall be a minimum of 28 feet, as measured at the
street right-of-way line (unless a different width is required by
PADOT as part of the highway occupancy permit process), and a maximum
of 40 feet wide, as measured at the throat of the access drive. All
access drives onto the same road shall be set back at least 150 feet
from one another, as measured from closest points of cartway edges.
H.
Any gates or other barriers used at the entrance to parking areas
shall be set back and arranged to prevent vehicle backups onto adjoining
roads during peak arrival periods.
I.
Outdoor vehicle service, and/or repair activities shall be prohibited.
J.
The outdoor storage of unlicensed and/or uninspected vehicles is
prohibited.
K.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles and/or parts thereof shall be removed within 30
days after arrival.
L.
All outdoor loudspeaker systems shall be designed, arranged, and
operated so as to be inaudible at the property line.
M.
The parking, storage, staging and/or loading/unloading of vehicles
associated with the use shall be confined to the subject property;
no satellite parking, storage, staging and/or loading lots or areas
shall be permitted.
N.
The applicant shall furnish evidence that the storage and disposal
of materials and waste will be accomplished in a manner that complies
with all applicable state and federal regulations.
O.
Green space shall be 200 feet along adjoining lands containing a
residential use or zone; and
(1)
Within the required green space, a thirty-foot wide landscape
screen is required and/or an earthen berm having a maximum slope three
feet horizontal to one foot vertical and a minimum height of 15 feet
above grade; and
(2)
Stormwater management facilities may be located within the green
space but not within the required landscape screen.
A methadone treatment facility is permitted as provided in Article 2 herein and subject to the provisions of Section 621 of the Pennsylvania Municipalities Planning Code.
A mini warehouse is permitted as provided in Article 2 herein and subject to the following criteria:
A.
A mini warehouse shall be designed and function as one integral connected
structure that forms an enclosed courtyard where other mini storage
buildings may be placed and accessed internally. The exterior of the
building shall be masonry and shall not provide access to mini storage
units from the perimeter of the site.
B.
Any buildings proposed within the interior courtyard shall not be
visible from any point outside the building, both on-site and off-site.
C.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when mini storage
units open onto one side of the lane only, and at least 30 feet wide
when mini storage units open onto both sides of the lane.
D.
Required parking spaces may not be rented as, or used for, vehicular
storage. However, additional outside storage area may be provided
for the storage of privately owned travel trailers and/or boats, so
long as such outside storage area is located internal to the complex
(within the courtyard). This provision shall not be interpreted to
permit the storage of partially dismantled, wrecked, or inoperative
vehicles.
E.
All storage shall be kept within an enclosed building, except that
the storage of flammable, highly combustible, explosive or hazardous
chemicals shall be prohibited. Any fuel tanks and/or machinery or
other apparatuses relying upon such fuels shall be stored only in
an external storage area as described above.
F.
A mini warehouse shall be used solely for the dead storage of property.
The following lists examples of uses expressly prohibited upon the
site:
(1)
Auctions, commercial wholesale or retail sales, or garage sales;
(2)
The servicing, repair, or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances, or other similar equipment;
(3)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment;
(4)
The establishment of a transfer and storage business; and
(5)
Any use that is noxious or offensive because of odors, dust,
noise, fumes, or vibrations.
G.
The applicant shall adequately demonstrate that all mini warehouse
rental and/or use contracts shall specifically prohibit these uses.
A mobile food facility is permitted in all zones and subject
the following criteria:
A.
The facility shall not encroach on any access drive, parking lot
aisle, clear sight triangle, and shall not result in an unsafe traffic
condition;
B.
The facility shall furnish proof of PA state license at zoning permit
application;
C.
The facility must obtain solicitation permit from Carroll Township
prior to use; and
D.
Only signs affixed to the mobile food facility will be permitted.
A motor vehicle sales and service facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Exterior maintenance and preparing of vehicles for sale is prohibited.
B.
All service and/or repair activities shall be conducted within a
completely enclosed building.
C.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
D.
Outdoor storage areas for parts, equipment, lubricants, fuel, etc.,
is prohibited.
E.
Except for the display of vehicles for sale, the storage of unlicensed,
or unregistered vehicles is prohibited.
F.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining residential
zone or use.
G.
All vehicles and machinery not for sale, shall be repaired and removed
from the premises within 14 consecutive calendar days.
H.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles or parts thereof shall be removed from the site
within one week of arrival.
I.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
J.
All motor vehicle sales and service facilities shall comply with the lighting requirements as contained this chapter and also Chapter 435, Subdivision and Land Development.
K.
Display of motor vehicles on a grass or unstabilized surface is prohibited. All proposed display areas shall be designed and constructed in accordance with the parking lot requirements of Chapter 435, Subdivision and Land Development.
L.
Proposed display areas shall be set back from any street right-of-way
a minimum of 30 feet and shall include a thirty-foot landscape buffer.
M.
Exterior washing of vehicles is prohibited and wastewater from the
washing of vehicles shall be discharged to a sanitary sewer system
permitted for this purpose.
N.
Vehicles shall not be parked, stored, or otherwise displayed within
street right-of-way, landscape buffers or screens, or stormwater facilities,
or on top of on-lot sewage disposal absorption areas.
A multiple-family dwelling or multiple townhouses (single-family attached dwellings) on a single lot are permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area: two acres.
B.
All units must be connected to public sewer and public water systems.
C.
Minimum required setbacks. All structures and dumpsters shall be
set back at least 50 feet from every property line. Off-street parking
and loading shall be set back at least 25 feet from every property
line. Interior building setbacks shall be as follows:
(1)
Front to front, rear to rear, or front to rear, approximately
parallel buildings shall have at least 0.6 times the average length
of the buildings between faces of the building or 70 feet whichever
is greater. If the front or rear faces are obliquely aligned, the
above distance may be decreased by as much as 10 feet at one end if
increased by similar or greater distance at the other end;
(2)
Buildings shall front a road, parking area, courtyard, or other
building front, not the side or rear of another building, unless said
buildings are separated by a minimum of 100 feet; and
(3)
A minimum yard space of 30 feet is required between end walls
and 80 feet from rear face to rear face of buildings, and 60 feet
from rear to side.
D.
Buildings shall be setback a minimum of 25 feet from any parking
lot, aisle, or access drive.
E.
All buildings must be set back a minimum of 100 feet from any single-family residential use, and there shall be a thirty-foot landscape buffer along the perimeter where a contiguous single-family residential use exists, constructed and maintained in accordance with this chapter and Chapter 435, Subdivision and Land Development.
F.
Buildings shall be designed so as to avoid unvaried patterns of construction
or repetitive spaces between the buildings. Variations in the setback
or alignment of buildings erected on the same frontage or attached
to other buildings shall be deemed desirable, parallel arrangements
of buildings should be avoided and desirable variations in such things
as the facade, width, color, exterior materials, construction and
rooflines of apartment buildings or townhouses shall be deemed desirable.
G.
The area to the front of the building shall be landscaped with a
mixture of shrubs and hedges with a minimum of four such elements
provided for each ground floor unit. Two shade trees per first floor
unit shall be planted along the perimeter of the building.
H.
Maximum building height may be increased up to an additional 10 feet
provided the required front setback is increased in an amount equal
to 1/2 the increase in height, and provided the structure is not more
than three stories.
I.
At least 40% of the development site shall be devoted to common open space. Such required open space shall be in addition to any dedicated parklands and/or fees in lieu thereof. One-half of the open space shall be landscaped as a landscape buffer (this shall be in addition to any other required landscaping) and shall be spread throughout the development. For the purposes of this section, the yard area between ground floor units and the parking lot, and a 20 feet long by the width of the ground floor unit shall not be considered open space. The location, design, ownership and maintenance of such common open space shall be subject to the requirements of this chapter, and Chapter 435, Subdivision and Land Development.
J.
Townhouse requirements shall include:
(1)
At least 30% townhouses shall be at the end of their grouping.
No more than 40% of the total number of townhouse groupings shall
contain more than six units, and in no case shall any building contain
more than 10 units.
(2)
No grouping shall exceed an overall length of 200 feet.
(3)
Forty percent of the townhouse fronts shall be staggered from
the remaining fronts within a building a minimum of two feet.
(4)
Each townhouse shall have a private space created through landscaping,
fencing or other architectural elements at the rear or side of the
unit of at least 200 square feet in area. At least 150 square feet
of said space shall be surfaced with durable hard material, such as
stone, brick, concrete, or wood.
(5)
Each townhouse shall have an attached storage area, a minimum
of 40 square feet, incorporated into the design of the unit, and accessible
from the exterior of the unit.
K.
Multiple-family dwelling requirements shall include:
(1)
A multiple-family dwelling shall contain a maximum of 50 dwelling
units.
(2)
A multiple-family dwelling shall not be less than 60 feet or
more than 240 feet in length.
(3)
Forty percent of building exterior shall be varied or staggered
for setbacks or alignment.
(4)
Each dwelling unit shall be provided a minimum of 96 cubic feet
of storage area in an enclosed room which shall be capable of being
locked. All such facilities shall be located in an area which has
direct access to a street or driveway.
(5)
Each dwelling unit shall have a private or shared space created
through architectural elements or landscaping and fencing at least
200 square feet in area. The space may include balconies, patios and
porches and include shared spaces internal or external to the structure,
specifically designated for leisure activity by the dwelling unit(s)
and its guests.
L.
Sidewalks shall connect pedestrian destinations, such as building
fronts, mailbox pedestals, and adjacent developments.
M.
A forty-foot landscape screen along public or private street rights-of-way
is required when the townhouse rear fronts said public or private
street right-of-way.
N.
On-street (or access drive) parking, where provided, shall be designed
as parallel parking spaces.
A nightclub or tavern is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Buildings shall be set back 200 feet from any AC, RA, RS-1, or RS-2
Zone, or residential use.
B.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, light, and/or litter.
C.
All structures and parking facilities/access drives and aisles on the subject property shall be screened from view from any adjacent residential use with a twenty-foot landscape screen. Screening shall meet the requirements of this chapter and Chapter 435, Subdivision and Land Development.
D.
The applicant shall furnish expert evidence as to how the use will
be controlled so as to not constitute a nuisance due to noise or loitering
outside the building.
E.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
A.
The following specifies the maximum number of animals that may be
kept. The keeping of a combination of animal types (Groups 1, 2 and
3) shall require an animal density equal to the ratio of the number
of animals, by type.
(1)
Group
1. Animals (excluding fish) whose average adult weight is less than
10 pounds but more than 12 ounces.
(2)
Group
2. Animals whose average adult weight is between 10 and 85 pounds.
(3)
Group
3. Animals whose average adult weight is greater than 85 pounds.
|
Zones
| ||
|---|---|---|
|
AC, RA
|
RS-1, RS-2, RS-3
| |
|
Density by group
| ||
|
Group 1
|
12 per acre
50 max.
|
10 per acre
30 max.
|
|
Group 2
|
3 per acre
20 max.
|
3 per acre
12 max.
|
|
Group 3
|
1 per acre
10 max.
|
1 per 2 acres
8 max.
|
|
Housing structure setbacks1
| ||
|
Group 1, up to 4 animals
|
25 feet
|
25 feet
|
|
Group 1, over 4 animals
|
50 feet
|
50 feet
|
|
Group 2, up to 2 animals
|
25 feet
|
25 feet
|
|
Group 2, over 2 animals
|
50 feet
|
50 feet
|
|
Group 3, up to 2 animals
|
50 feet
|
50 feet
|
|
Group 3, over 3 animals
|
75 feet
|
75 feet
|
|
NOTES:
| |
|---|---|
|
1
|
Setbacks from all property lines. Should one structure be used
to house a combination of animal types, the most restrictive setback
shall apply.
|
B.
All structures used to house noncommercial livestock shall be prohibited
from placement between the front of the principal building (as determined
by the Zoning Officer) and the street or access right-of-way.
C.
All animal
wastes shall be properly stored and disposed of and set back 50 feet
minimum from property lines, so as not to be objectionable at the
site's property line. All animals, their housing, and their outdoor
pasture/recreation areas shall be properly maintained so as not to
become a nuisance to adjoining properties.
D.
All animals
must be contained on the subject property at all times.
E.
Roosters
are prohibited in the RS-1, RS-2, and RS-3 Districts on lots less
than one acre.
An offtrack betting parlor is permitted as provided in Article 2 herein and subject to the following criteria:
A.
An offtrack betting parlor shall not be permitted to be located within
1,000 feet of any other offtrack betting parlor.
B.
No offtrack betting parlor shall be located within 300 feet of any
AC, RA, RS-1, RS-2, RS-3, or MU-1 Zone, or existing residential use.
D.
The distance between any two offtrack betting parlors shall be measured
in a straight line, without regard to intervening structures, from
the closest point on the exterior parcel line of each establishment.
The distance between any offtrack betting parlor 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 offtrack betting parlor to the closest point
on the property line of said land use.
E.
No more than one offtrack betting parlor may be located within one
building or shopping center.
F.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, light and/or litter.
G.
The applicant shall furnish expert evidence as to how the use will
be controlled so as to not constitute a nuisance due to noise or loitering
outside the building.
H.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
I.
All offtrack betting parlors shall comply with state law.
Open space or common open space, particularly perimeter buffer
yards, containing existing attractive or unique natural features,
such as streams, creeks, ponds, woodlands, specimen trees and other
areas of mature vegetation worthy of preservation, may be left unimproved
and in a natural state. As a general principle, the preservation of
undeveloped open space in its natural state or as existing farms is
encouraged. A developer may make certain improvements, such as the
cutting of trails for walking or jogging, and the provision of picnic
areas. Protected open space land in all subdivisions shall meet the
following standards:
A.
The following uses are permitted in open space areas:
(1)
Conservation of open land in its natural state (for example,
woodland, fallow field, or managed meadow).
(2)
Agricultural and horticultural uses, including raising crops
or livestock, wholesale nurseries, associated buildings, excluding
residences that are specifically needed to support an active, viable
agricultural or horticultural operation. Specifically excluded are
commercial livestock operations involving swine, poultry, mink, and
other animals likely to produce highly offensive odors.
(3)
Pastureland for horses. Equestrian facilities shall be permitted
but may not consume more than 80% of the minimum required open space
land.
(4)
Forestry, in keeping with established best management practices
for selective harvesting and sustained yield forestry.
(5)
Neighborhood open space uses, such as village greens, commons,
picnic areas, community gardens, trails, and similar low-impact passive
recreational uses specifically excluding motorized off-road vehicles,
rifle ranges, and other uses similar in character and potential impact.
(6)
Active noncommercial recreation areas, such as playing fields,
playgrounds, courts, and bikeways, provided such areas do not consume
more than 25% of the minimum required open space land. Playing fields,
playgrounds, and courts shall not be located within 100 feet of abutting
properties. Parking facilities for the same shall also be permitted,
but not counted as open space, and they shall generally be gravel-surfaced,
unlighted, properly drained, provide safe ingress and egress, and
meet all other parking space requirements in accordance with Carroll
Township's Subdivision and Land Development Ordinance.
(7)
Golf courses, excluding their parking areas and associated structures,
may comprise up to 80% of the minimum required open space land, but
shall not include miniature golf.
(8)
Water supply and stormwater detention areas that are not restricted
from access and are designed, landscaped, and available for use as
an integral part of the open space.
(9)
Drainage easements, underground and aboveground utility rights-of-way
and easements may traverse conservation areas, but the easement area
associated with the utility shall not count toward the minimum required
open/common open space land.
(10)
Wetlands, floodways, stream channels, floodplains, wet soils,
swales, springs and other lowland areas, slopes in excess of 25% and
natural features or a combination thereof, that would render the land
unusable for above permitted uses shall not exceed 50% of the minimum
required common open space.
(11)
Land included within the right-of-way lines of streets, required
setbacks between buildings, street parking areas, and areas set aside
for public facilities shall not be classified as open or common open
space.
(12)
Restricted and fenced areas shall not be counted as open space,
except as allowed in this section.
(13)
Sewage disposal areas shall not be counted as open space.
B.
Open space design standards.
(1)
An open space or common open space plan shall be provided consistent
with this section with each proposed development proposing open space
or common open space.
(2)
The required open space land shall consist of both primary conservation
areas (PCAs), all of which must be included, and secondary conservation
areas (SCAs).
(3)
Open space lands shall remain undivided. In no case shall less
than 25% of the land comprising the adjusted tract area be available
for the common use and passive enjoyment of the subdivision residents.
(4)
Buffers for adjacent public parkland. Where the proposed development
adjoins public parkland, a natural open space buffer at least 150
feet deep shall be provided within the development along its common
boundary with the parkland, within which no new structures shall be
constructed, nor shall any clearing of trees or understory growth
be permitted (except as may be necessary for trail construction).
Where this buffer is unwooded, the Board of Supervisors will require
vegetative screening to be planted, or that it be managed to encourage
natural forest succession through "no-mow" policies and the periodic
removal of invasive alien plant and tree species.
(5)
Greens, commons and squares shall have a minimum area of 0.25
acres and a maximum area of 0.75 acres. A village green shall preferably
be surrounded by roads or, at a minimum, abut a road on at least one
side for a length equal to 25% of its circumference.
(6)
A method of delineating private lots from common open space
areas shall be provided. Such method may include shrubbery, trees,
markers or other methods acceptable to the municipality.
(7)
Not more than 33% of open space shall be used for stormwater
management, conforming with this section.
C.
Other requirements.
(1)
No portion of any building lot may be used for meeting the minimum
required open space land, except as permitted within estate lots.
However, active agricultural land with farm buildings, excluding areas
used for residences, may be used to meet the minimum required open
space land.
(2)
Common open space shall be substantially free of structures,
but may contain such improvements as approved in the development plan
that are appropriate to recreational and other open space uses of
the land, and shall not include playgrounds, athletic fields or other
open space areas of any schools or religious institution to be included
within the proposed development.
D.
Permanent open space protection through conservation easements.
(1)
In Option 1 and 2 subdivisions.
(a)
In Option 1 and 2 subdivisions, the open space land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. Permitted and conditional uses of open space lands shall be in accordance with § 450-354A herein. Easements shall be shown on plan and surety posted for their recordation.
E.
Ownership and maintenance of open space land and common facilities.
(1)
Development restrictions. All open space land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 450-354A.
(2)
Ownership options. The following methods may be used, either
individually or in combination, to own open space areas and associated
common facilities. Common facilities shall not be transferred to another
entity except for transfer to another method of ownership permitted
under this section, and then only when there is no change in the common
facilities or in the open space ratio of the overall development.
Ownership methods shall conform to the following:
(b)
Condominium associations. Common facilities may be controlled
through the use of condominium agreements. Such agreements shall be
in accordance with relevant state law. All open land and common facilities
shall be held as common element.
(c)
Homeowners' associations. Common facilities may be held in common
ownership by a homeowners' association, subject to all of the provisions
for homeowners' associations set forth in state regulations and statutes.
In addition, the following regulations shall be met:
[1]
The applicant shall provide Carroll Township a description of
the organization of the proposed association, including its bylaws,
and all documents governing ownership, maintenance, and use restrictions
for common facilities;
[2]
The proposed association shall be established by the owner or
applicant and shall be operating (with financial subsidization by
the owner or applicant, if necessary) before the sale of any dwelling
units in the development;
[3]
Membership in the association shall be automatic (mandatory)
for all purchasers of dwelling units therein and their successors
in title; and
[4]
The association shall be responsible for maintenance and insurance
of common facilities.
[a]
The bylaws shall confer legal authority on the
association to place a lien on the real property of any member who
falls delinquent in his dues. Such dues shall be paid with the accrued
interest before the lien may be lifted;
[b]
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities must be given to all members of the association
and to Carroll Township no less than 30 days prior to such event;
and
[c]
The association shall have adequate staff to administer,
maintain, and operate such common facilities.
(d)
Private conservation organization or York County. With permission
of Carroll Township, an owner may transfer either fee-simple title
of the open space or easements on the open space to a private nonprofit
conservation organization or to York County, provided that:
[1]
The conservation organization is acceptable to Carroll Township
and is a bona fide conservation organization intended to exist indefinitely;
[2]
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization or York County becomes
unwilling or unable to continue carrying out its functions;
[a]
The open space land is permanently restricted from
future development through a conservation easement and Carroll Township
is given the ability to enforce these restrictions; and
[b]
A maintenance agreement acceptable to Carroll Township
is established between the owner and the organization or York County.
(e)
Dedication of easements to Carroll Township. Carroll Township
or an authority as it's designee may, but shall not be required to,
accept easements for public use of any portion of the common land
or facilities. In such cases, the facility remains in the ownership
of the condominium association, homeowners' association, or private
conservation organization while the easements are held by Carroll
Township. In addition, the following regulations shall apply:
(f)
Noncommon private ownership. Up to 20% of the required open space land may be included within one or more large estate lots of at least 10 acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in § 450-354A, and that Carroll Township is given the ability to enforce these restrictions.
(3)
Maintenance.
(a)
Unless otherwise agreed to by the Board of Supervisors, the
cost and responsibility of maintaining common facilities and open
space land shall be borne by the property owner, condominium association,
homeowners' association, or conservation organization.
(b)
The applicant shall, at the time of preliminary plan submission,
provide a plan for maintenance of open space lands and operation of
common facilities in accordance with the following requirements.
[1]
The plan shall define ownership.
[2]
The plan shall establish necessary regular and periodic operation
and maintenance responsibilities for the various kinds of open space
(i.e., lawns, playing fields, meadow, pasture, cropland, woodlands,
etc.).
[3]
The plan shall estimate staffing needs, insurance requirements,
and associated costs, and define the means for funding the maintenance
of the open space land and operation of any common facilities on an
ongoing basis. Such funding plan shall include the means for funding
long-term capital improvements as well as regular yearly operating
and maintenance costs.
[4]
The applicant shall be required to escrow sufficient funds for
the estimated maintenance costs of common facilities for a one year
period.
[5]
Any changes to the maintenance plan shall be approved by the
Board of Supervisors.
[6]
The plan shall, when including stormwater management facilities
as an integrated part of the open space area, include any applicable
Township or DEP requirements for proper maintenance and operation
of stormwater management facilities.
(c)
In the event that the organization established to maintain the
open space lands and the common facilities, or any successor organization
thereto, fails to maintain all or any portion thereof in reasonable
order and condition, Carroll Township may assume responsibility for
maintenance, in which case any escrow funds may be forfeited and any
permits may be revoked or suspended.
(d)
Carroll Township may enter the premises and take corrective
action, including extended maintenance. The costs of such corrective
action may be charged to the property owner, condominium association,
homeowner's association, conservation organization, or individual
property owners who make up a condominium or homeowners' association
and may include administrative costs and penalties. Such costs shall
become a lien on said properties.
A pet grooming facility is permitted as provided in Article 2 herein and subject to the following criteria:
A personal care facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Both public sewer and public water shall be utilized;
B.
The site shall contain at least two acres;
C.
All parking areas shall be set back a minimum of 25 feet from all
property lines;
D.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be utilized;
E.
The maximum overall density shall not exceed the maximum permitted
density of the zone in which the facility is located; and
F.
The facility shall provide proof that all applicable state, county
and Township licenses have been obtained.
A personal care home is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Both public sewer and public water shall be utilized;
B.
The site shall contain at least 1.0 acres;
C.
The maximum overall density shall not exceed the maximum permitted
density of the zone in which the facility is located;
D.
All parking areas shall be set back a minimum of 25 feet from all
property lines;
E.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be utilized; and
F.
The facility shall provide proof that all applicable state, county
and Township licenses have been obtained.
A private club is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Both public sewer and public water shall be used;
B.
All private clubs shall front on and have access to a public road;
C.
All off-street parking shall be provided as required by this chapter
and is to be set back 30 feet from any adjoining residential zone
or use;
D.
Outdoor recreation/activity areas shall be set back at least 50 feet
from any property line;
E.
A thirty-foot landscape screen shall be provided along any adjoining residential zone or use, in accordance with Article 4 of this chapter; and
F.
The applicant must furnish evidence as to how the use will be controlled
so as not to constitute a nuisance due to noise or loitering outside
of the clubhouse, or glare of lighting on adjoining properties and
streets.
A public transportation depot is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The applicant shall submit a traffic impact report in accordance with Chapter 435, Subdivision and Land Development requirements.
B.
The site shall be designed to minimize queuing of vehicles whereby
vehicles would have to intermittently move short distances within
the site. Design features such as sawtooth pickup and dropoff areas
whereby each vehicle can move independently without waiting for other
vehicles shall be utilized.
C.
The applicant shall present qualified expert evidence as to how the
use will provide for the expected demand for needed, off-street parking
spaces for the proposed use. In addition, the applicant shall present
evidence of the ability to provide additional off-street parking spaces,
if demand increases. The applicant shall also present credible evidence
that the stacking area provided for public transportation vehicles
will be adequate to accommodate the expected demand generated by patrons.
Any gates or other barriers used at the entrance to parking areas
shall be set back and arranged to prevent vehicle backups onto adjoining
roads during peak arrival periods.
D.
The applicant shall submit for review and approval a plan to minimize
idling of diesel-powered vehicles and prohibit the revving of diesel-powered
vehicles while not in gear. In general, the plan shall prohibit the
idling of diesel engines for periods in excess of five minutes and
identify unique conditions where the nonroutine idling for longer
periods of time are justified. Once approved, the plan shall be binding
and implemented by the applicant. Implementation shall include posting
of the requirements of the plan conspicuously on the site.
E.
The subject property shall have a minimum of 300 feet of road frontage
along an arterial or collector road.
F.
All structures shall be set back at least 50 feet from any street
right-of-way line.
G.
Trash receptacles shall be provided amid off-street parking areas
that shall be routinely emptied. Furthermore, a working plan for the
regular cleanup of litter shall be furnished and continuously implemented
by the applicant.
H.
Any exterior public address system shall be designed, arranged, and
operated so as to be inaudible at the property line of adjoining parcels.
A quarry or other extraction-related operation is permitted as provided in Article 2 herein and subject to the following criteria:
A.
General quarry operations:
(1)
Shall be a self-sufficient operation such that each parcel where
an extraction-related use operates shall provide all necessary equipment
buildings, processing facilities, pits, offices, parking and any other
necessary or related facility without need for crossing Township roads
at grade;
(2)
May not substantially injure or detract from the lawful existing
or permitted use of neighboring properties;
(3)
May not adversely affect any public or private water supply
source;
(4)
May not adversely affect the logical, efficient and economical
extensions of public services, facilities and utilities throughout
the Township;
(5)
May not create any significant damage to the health, safety
or welfare of the Township and its residents and property owners;
(6)
May not result in the land area subject to quarrying being placed
in a condition which will prevent the use of that land for economically
and ecologically productive uses upon completion of the quarry operation;
(7)
Must demonstrate compliance with all applicable state regulations
at all times; and
(8)
Must provide and perpetually implement a dust abatement plan,
including, but not limited to, street washing and vacuuming, and water
spraying for on-site dust control.
B.
Site plan requirements. As a part of each application the applicant
shall furnish an accurately surveyed site plan in accordance with
SALDO requirements, showing the location of the tract or tracts of
land to be affected by the operation. The surveyed site plan shall
be certified by a registered professional engineer or a registered
professional land surveyor with assistance from experts in related
fields and shall include the following:
(1)
The boundaries of the proposed land affected, together with
the drainage area above and below the area;
(2)
The location and names of all streams, roads, railroads, and
utility lines on or immediately adjacent to the area;
(3)
The location of all buildings within 1,000 feet of the outer
perimeter of the area affected, and the names and addresses of the
owners and present occupants;
(4)
The purpose for which each building is used; and
(5)
The name of the owner of the affected area and the names of
adjacent landowners, the municipality, and the county.
C.
Minimum lot area: 100 acres.
D.
Maximum height of stock or waste piles: 50 feet.
E.
Landscaping and screening. A fence measuring at least eight feet in height must enclose the area of actual quarrying or extraction. A 100-foot landscape buffer shall be provided along the perimeter of the property, in addition a fifty-foot landscape screen shall be provided toward the interior of the site from the buffer along the perimeter of the property. Where the proposed use adjoins a residential zone, an existing residence and/or a public road, an earthen berm at least 10 feet in height with a minimum of a six-foot top width and sides no steeper than 4:1 shall be provided. Such berm shall be located on the quarry site and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, smoke, etc., generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. All landscaping shall meet the requirements of this chapter and Chapter 435, Subdivision and Land Development.
F.
Setback. The following table identifies minimum setbacks imposed
upon specific features of the quarry and other extraction-related
uses from adjoining and/or nearby uses:
|
Quarry-Related Feature
|
Existing Residential Use
(feet)
|
Existing Nonresidential Building
(feet)
|
Adjoining Road
(feet)
|
Public/Nonprofit Park
(feet)
|
Cemetery or Stream Bank
(feet)
|
Adjoining Property
(feet)
|
|---|---|---|---|---|---|---|
|
Stockpiles or spoil piles (from toe of slope)
|
300
|
300
|
200
|
300
|
100
|
300
|
|
Mineral processing equipment (e.g., rushers, sorters, conveyors,
dryers, etc.)
|
500
|
300
|
200
|
300
|
100
|
300
|
|
Quarry pit (top of natural slope of any excavation)
|
500
|
300
|
200
|
300
|
300
|
300
|
|
On-site access roads and off-street parking, loading and vehicle
storage and weighing and washing facilities
|
300
|
300
|
200
|
300
|
300
|
300
|
|
Other operational equipment, structures and/or improvements
|
500
|
300
|
300
|
300
|
100
|
100
|
G.
Access. Vehicular access shall be so arranged as to minimize danger
and congestion along adjoining roads and to avoid the creation of
nuisances to nearby properties. Access drives used by trucks shall
only intersect with collector or arterial roads.
(1)
All access drives shall be designed and located so as to comply with Chapter 435, Subdivision and Land Development;
(2)
Quarries must design and perpetually maintain and use vehicle
wash areas for every vehicle leaving the site to prevent dust, mud,
or sediment from leaving the site; and
(3)
All access drives serving the site shall have a paved minimum
thirty-five-foot wide cartway for a distance of at least 500 feet
from the intersecting street right-of-way line to the vehicle wash
area. In addition, a fifty-foot-long clean gravel (open-graded gravel)
section of access drive shall be placed and perpetually maintained
just prior to the vehicle wash area to help collect any sediment or
mud that may have attached to a vehicle's wheels. The owner and/or
operator shall be responsible for removing any mud, dust, or sediment
from public roads caused by vehicles traveling to and from the site.
H.
Traffic impact. The applicant shall furnish a traffic impact report prepared by a professional traffic engineer, as outlined in Chapter 435, Subdivision and Land Development.
I.
Reclamation. The applicant shall demonstrate compliance with Section
7(c) of the Pennsylvania Act No. 1984-219, as may be amended. The
applicant shall provide a detailed description of the proposed use
of the site, once reclamation has been completed, including a description
of any zoning and/or subdivision approvals or remedies that would
be necessary to accommodate the proposed use. Finally, the applicant
shall provide written notification to the Township within 30 days,
whenever a change in the reclamation plan is proposed to PA DEP.
J.
Operations progress report. Within 90 days after commencement of
surface mining operations, and each year thereafter, the operator
shall file an operations progress report with the Zoning Officer setting
forth all of the following:
(1)
The name or number of the operation;
(2)
The location of the operation with reference to the nearest
public road;
(3)
A description of the tract or tracts, including a site plan
showing the location of all improvements, stockpile, quarry pits,
etc.;
(4)
The name and address of the landowner or his duly authorized
representative;
(5)
An annual report of the type and quantity of mineral produced;
(6)
The current status of the reclamation work performed in pursuance
of the approved reclamation plan;
(7)
A maintenance report for the site that verifies that all required
fencing, berming and screening has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance have been performed; and
(8)
Verification that the proposed use continues to comply with
all applicable state regulations. The operation shall furnish copies
of any approved permits and/or any notices of violation issued by
the PA DEP.
K.
The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources, indicating
quantity of water required. If the source is from a municipal system,
the applicant shall submit documentation that the public authority
will supply the water needed.
(1)
In addition, if the facility is to rely upon nonpublic sources
of water, a water feasibility study shall be provided to enable the
municipality to evaluate the impact of the proposed development on
the groundwater supply and on existing wells. The purpose of the study
will be to determine if there is an adequate supply of water for the
proposed development and to estimate the impact of the new development
on existing wells in the vicinity. The water feasibility shall be
reviewed by the Municipal Engineer.
(2)
A water use proposing a water system which does not provide
an adequate supply of water for the proposed development, considering
both quantity and quality, or does not provide for groundwater recharge
ample to supply its demand, considering the water withdrawn by the
proposed development, shall not be approved by the municipality.
(3)
A water feasibility study shall include the following information:
(a)
All information required for well feasibility studies as required in Chapter 435, Subdivision and Land Development;
(b)
Calculations of the projected water needs;
(c)
A geologic map of the area with a radius of at least one mile
from the site;
(d)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells;
(e)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site;
(f)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution;
(g)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined;
(h)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams,
and the groundwater table; and
(i)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
A recycling dropoff facility shall be permitted as provided in Article 2 herein and subject to the following criteria:
A.
This use shall not be bound by the requirements for recycling processing
facilities.
B.
All materials shall be kept in closed containers, with appropriate
sanitary measures and frequent enough emptying to prevent the attraction
of insects or rodents and to avoid fire hazards.
C.
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
D.
A fifty-foot-wide landscape buffer shall be provided between this
use and any abutting residential use.
E.
This use may constitute a principal use or an accessory use (including
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a house of worship or a Township
or municipal use) subject to the limitations of this section.
F.
Materials to be collected shall be of the same character as the following
materials: paper, fabric, cardboard, plastic, metal, aluminum, and
glass. No garbage shall be stored as part of the use, except for that
generated on-site and that accidentally collected with recyclables.
Only materials clearly being actively collected for recycling may
be stored on-site.
G.
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning, and closely
similar work. No burning or land filling shall occur. No mechanical
operations shall routinely occur at the site other than operations,
such as baling cardboard.
A recycling processing facility shall be permitted as provided in Article 2 herein and subject to the following criteria:
A.
There shall be no outdoor storage of materials processed, used or
generated by the facility. When vehicles are not entering or exiting
the facility, doors used to access indoor storage shall be maintained
in the closed position, completely securing the facility.
B.
The applicant shall offer expert testimony to demonstrate adequate
provisions will be taken to prevent the attraction of insects or rodents
and to avoid fire hazards and measures used to mitigate problems associated
with noise, dust, fumes, and litter.
C.
Loading and unloading facilities shall not be located on any side
of the building facing a residential use.
D.
A 300-foot wide buffer yard, preceded with a thirty-foot landscape screen in accordance with this chapter and Chapter 435, Subdivision and Land Development, shall be provided between this use and any abutting residential use or zone, in all other circumstances a 100-foot landscape buffer is required along the perimeter of the use.
E.
No garbage shall be stored as part of the use, except for that generated
on-site and that accidentally collected with recyclables. Only paper,
glass, plastics, and metals which are clearly capable of being recycled
may be processed on-site.
F.
All operations, including collection, shall be conducted within a
completely enclosed building.
G.
No burning or land filling shall occur.
H.
Except within the C/I Zones, the use shall not include the collection
or pressing of pieces of metal that have a weight greater than 50
pounds.
I.
The use shall include the storage of a maximum of 50 tons of materials
on the site if the use is within a within 500 feet of an existing
residential use.
J.
The applicant shall provide and perpetually implement a plan for
the cleaning up and control of litter.
A temporary residential real estate sales trailer is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The temporary residential real estate sales trailer shall be placed
on its own lot and shall meet all required minimum setbacks.
B.
A stone driveway and parking area shall be provided and maintained.
C.
The temporary residential real estate sales trailer must be removed
within 12 months of recording the final plan.
D.
Financial security in a form acceptable to the Township in an amount
determined by the Township not to exceed $7,500 to guarantee removal
of the temporary residential real estate sales trailer.
E.
The temporary residential real estate sales trailer must be equipped
with a satisfactory and sanitary means of sewage disposal.
F.
A generator, if desired, must be placed as far as practical from
existing residential uses and screened from view with an opaque fence.
G.
A maximum of two 150W (max.) spotlights may be placed if directed
away from existing residential uses.
H.
The temporary residential real estate sales trailer must have skirting
from the trailer bottom to grade.
A restaurant is permitted as provided in Article 2 herein and subject to the following criteria:
A.
A minimum of four parking spaces are required in addition to any
other required parking spaces for any restaurant proposing to conduct
or conducting carryout service. (Any parking spaces reserved for carryout
service shall not count toward the required minimum parking required
for restaurants elsewhere by this chapter.)
B.
All applications shall include a description of a working plan and
perpetually implement said plan for the cleanup of litter.
C.
Through the use of sidewalk, textured pavement, and pavement markings
pedestrian routes shall be provided from parking areas to the building
entrance.
A drive-through restaurant is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The design shall minimize conflicts between pedestrians and vehicles
in the drive-through.
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 and perpetually implement
said plan for the cleanup of litter.
C.
Any exterior speaker/microphone system shall be arranged and/or screened
to be inaudible on adjoining properties.
D.
All exterior seating/play areas shall be completely enclosed by a
minimum three-foot high fence.
E.
No part of the subject property shall be located within 200 feet
of any AC, RA, RS-1, or RS-2 Zone.
F.
A thirty-foot landscape screen shall be provided along any adjoining residential use or zone, in accordance with this chapter and Chapter 435, Subdivision and Land Development.
G.
Each drive-through lane shall have a dedicated lane with a minimum
of 40 feet between order location and the pickup window and a total
of 200 feet of on-site stacking preceding the order location.
A retail drive-through service is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The design shall minimize conflicts between pedestrians and vehicles
in the drive-through.
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 and perpetually implement
said plan for the cleanup of litter.
C.
Any exterior speaker/microphone system shall be arranged and/or screened
to be inaudible on adjoining properties.
D.
A thirty-foot landscape screen shall be provided along any adjoining residential use or zone, in accordance with this chapter and Chapter 435, Subdivision and Land Development.
E.
Each drive-through lane shall have a dedicated lane with a total
of 100 feet of on-site stacking preceding the order or service area.
A riding stable is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area: 10 acres.
B.
Any structure used for the boarding of horses shall be set back at
least 200 feet from any property line.
C.
All stables shall be maintained so to minimize odors perceptible
at the property line.
D.
All outdoor training or show facilities or areas shall be set back
50 feet from all property lines.
E.
All outdoor training, show, riding, boarding, or pasture areas shall
be enclosed by a minimum four-foot-high fence.
F.
The applicant must implement and maintain a manure management plan
at all times.
A roadside stand is permitted as provided in Article 2 herein and subject to the following criteria:
A.
A roadside stand, as an accessory use to a farm, for the sale of
agricultural products grown on the premises, provided any such building
does not exceed 1,000 square feet in floor area, and must be located
more than 10 feet from the front street right-of-way line and must
have adequate off-street parking and a driveway meeting minimum sight
distance requirements. Also, a maximum of two signs will be permitted
and shall not exceed 15 square feet in total area, nor exceed a maximum
height of eight feet.
A sawmill or firewood processing facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area: 10 acres.
B.
For a sawmill, all cutting, sawing, grinding, or other processing
shall be conducted within a completely-enclosed building.
C.
No material shall be deposited or stored, and no building or structure
shall be located within 200 feet of any property line and 500 feet
of any property within an RS-1, RS-2, or RS-3 Zone.
D.
Any external area used for the unloading, transfer, storage, or deposition
of material must be completely screened from view at the property
line by using a thirty-foot-wide landscape screen.
E.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting will not back up onto public roads.
F.
All access drives onto the site shall be paved for a distance of
at least 200 feet from the street right-of-way line. In addition,
if portions of on-site access drives are unpaved, then a fifty-foot-long
clean gravel section of driveway shall be placed and maintained just
beyond the preceding 200-foot paved section to help collect any mud
that may have attached to a vehicle's wheels. The owner and/or operator
shall be responsible for removing any mud from public roads caused
by persons traveling to and from the site.
G.
The hours of operation and site activities shall be limited to 7:00
a.m. to 9:00 p.m., Monday through Friday, and 8:00 a.m. to 9:00 p.m.
on Saturday. (Operation and site activities shall include, but not
be limited to, deliveries, vehicles starting or arriving on-site,
use of backup beepers and radios, starting or running of equipment,
moving of materials, use of tools, etc.)
A public or private school (excluding vocational and mechanical trade schools) is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum setback. The minimum front, side and rear setbacks shall
be 100 feet.
B.
Maximum coverage: 25%.
C.
No parking area shall be permitted within the required setbacks.
D.
All buildings shall be set back at least 100 feet from any adjoining
land within a residential zone or use.
E.
A thirty-foot landscape buffer is required along the perimeter of
the site.
F.
If education is offered below the college level, an outdoor play
area shall be provided. Off-street parking lots shall not be used
as outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a minimum four-foot-high
fence and screened from adjoining residentially zoned properties.
G.
Enrollment shall be defined as the largest number of students on
the site at any one time during a seven-day period.
H.
Passenger dropoff and pickup areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site.
I.
The applicant shall demonstrate the availability of adequate water
supply and sewage disposal.
A senior residential campus is permitted as provided in Article 2 herein, the Housing for Older Persons Act of 1995 (HOPA) and subject to the following criteria:
A.
The campus shall primarily serve the needs of retirement-aged persons,
or persons with some disability that can be managed within a setting
like the senior residential campus.
B.
HOPA requirements used in determining whether housing qualifies as
housing for older persons include, but are not limited to, the following:
(1)
At least 80% of the units are occupied by at least one person
55 years of age or older;
(2)
There is publication of and adherence to policies and procedures
which demonstrate an intent by the owner or manager to provide housing
for persons 55 years of age or older; and
(3)
The housing complies with regulations declared by PHRC for verification
of occupancy.
C.
The minimum land area devoted to the campus shall be 10 contiguous
acres.
D.
The maximum permitted overall density shall not exceed the maximum
permitted density of the zone in which the facility is to be located.
E.
At least 30% of the development site shall be devoted to common open
space.
F.
Indoor and outdoor recreational and social use facilities shall be
provided on-site.
G.
All buildings or structures containing nonresidential use(s), off-street
parking lots and loading areas shall be set back at least 75 feet
from all adjoining residentially zoned lots or use and 50 feet from
all lot lines of the campus property.
H.
All buildings or structures used solely for residential purposes
shall be set back at least 50 feet from all lot lines of the campus
property.
I.
Only those uses which provide a mix of senior, residential, limited
commercial and recreational uses, primarily serving campus residents,
and public, quasi-public and medical services for the off-campus retirement-aged
community will be permitted. As permitted in the underlying district,
uses may include, but need not be limited to, the following:
(1)
Single-family detached and single-family semidetached residential
facilities shall meet all minimum living area size requirements and
the underlying district requirements, but may use the following allowances
and shall meet the following requirements:
(a)
A minimum of 30% of all single-family dwellings shall be single-family
detached;
(b)
A minimum of 30% of all single-family dwellings shall be one-
or one-and-one-half-story massing with a minimum of two bedrooms,
two bathrooms and a laundry room mandated on the first floor and no
more than one bedroom being permitted on the upper 1/2 story of a
dwelling;
(c)
Minimum residential side yard may be reduced to 7.5 feet;
(d)
Single-family residential lot width may be reduced to 45 feet
at minimum required building line;
(e)
Each dwelling shall have a private space created through landscaping,
fencing or other architectural elements at the rear or side of the
unit of at least 150 square feet in area. At least 100 square feet
of said space shall be surfaced with durable hard material, such as
stone, brick, concrete, or wood;
(f)
Shall include a covered front porch of at least 72 square feet;
and
(g)
Shall include two parking spaces for each dwelling.
(2)
Townhouse units (single-family attached) residential facilities
shall meet all minimum living area size requirements and the underlying
district requirements, but may use the following allowances and shall
meet the following requirements:
(a)
A minimum of 30% of all single-family attached dwellings shall
have a minimum of one bedroom and a laundry room mandated on the first
floor of a dwelling;
(b)
Each dwelling shall have a private space created through landscaping,
fencing or other architectural elements at the rear or side of the
unit of at least 150 square feet in area. At least 100 square feet
of said space shall be surfaced with durable hard material, such as
stone, brick, concrete, or wood;
(c)
Shall include a covered front porch of at least 72 square feet;
and
(d)
Shall include two parking spaces for each dwelling.
(3)
Multiple-family dwelling shall meet all minimum living area
size requirements and the underlying district requirements and may
use the following allowances and shall meet the following requirements:
(a)
A multiple-family dwelling shall contain a maximum of 20 dwelling
units.
(b)
Multiple-family dwelling shall not be less than 60 feet or more
than 240 feet in length.
(c)
The end walls of adjacent multiple-family dwellings shall be
separated by at least 1 1/2 times the height of the taller building.
(d)
The width of the space between the front and rear facades of
multiple-family dwellings shall be at least 2 1/2 times the height
of the taller building.
(e)
Lockers or storage areas. Each dwelling unit shall be provided
a minimum of 96 cubic feet of storage area in an enclosed room which
shall be capable of being locked. All such facilities shall be located
in an area which has direct access to a street or driveway.
(f)
Shall include two parking spaces for each dwelling, within 150
feet of each dwelling for which the parking space is to be used.
(g)
Buildings shall be designed so as to avoid unvaried patterns
of construction or repetitive spaces between the buildings.
(4)
Medical facilities which are subordinate to the residential/medical
character of the campus and which serve the residents and employees
of, or visitors to, the center, including offices, laboratories, clinics,
professional or paramedical training centers, and ambulatory care
facilities.
(5)
Commercial uses which are subordinate to the residential/medical
character of the campus, and which serve the residents and employees
of, or visitors to, the center. The uses shall meet the requirements
of the underlying zone.
(6)
Storage facilities that are strictly related to and subordinate
to the residential character of the campus, and which serve only the
residents and facilities.
(7)
Recreational and social uses, such as athletic facilities, passive
recreation, community centers, and assembly halls, shall be provided
and available for use by campus residents, employees, and their guests.
These facilities may be made available to the public. Accessible sidewalks
and walkways shall connect pedestrian destinations, such as building
fronts, mailbox pedestals, recreational facilities and adjacent developments.
J.
All dwellings, buildings and structures shall have accessible entrances.
K.
A landscaping plan for the entire tract shall be required. The plan
shall be prepared by a qualified professional.
L.
A property owners' association or management company shall be formed
with all rights and responsibilities to provide:
(1)
Ownership of open space, commercial, medical, recreational and
storage facilities;
(2)
Uniform maintenance of all streets, external private facades,
yards, driveways, sidewalks, common space and all landscaping; and
(3)
Regular inspection and uniform maintenance of life, safety and
structural (LSS) components for all included dwellings.
M.
The applicant shall furnish a description of the effect of the proposed
use on the delivery of emergency and ambulance service. This description
shall be forwarded to the agencies responsible for emergency and ambulance
service in the site's vicinity for comments regarding the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use
and any suggestions that might enhance emergency and ambulance service.
Should it be determined that the proposed use would overburden local
emergency and ambulance service, the Township may attach conditions
of approval that seek to assure adequate levels of service.
A septage compost processing operation is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Any processing, loading, storage, and packaging operations must be
conducted within a completely enclosed building that is leakproof
and vectorproof.
B.
The applicant must demonstrate compliance and continue to comply
with all applicable state and federal standards and regulations.
C.
A 500-foot landscape buffer is required from any adjoining residential
use or zone. A 200-foot landscape buffer is required from all roads
and nonresidential adjoining properties.
D.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting will not back up onto public roads.
E.
All access ways and loading/unloading areas within the site shall
be paved.
F.
The unloading, processing, and transfer of septage and septage compost
shall be continuously supervised by a qualified facility operator.
G.
Any leachate shall be disposed of in a manner in compliance with
any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, appropriate permits
shall be obtained from the applicable agencies and authorities. In
no event shall leachate be disposed of in a storm sewer, to the ground,
or in any other manner inconsistent with the PA DEP regulations.
H.
The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources, indicating
quantity of water required. If the source is from a municipal system,
the applicant shall submit documentation that the authority will supply
the water needed.
(1)
In addition, a water feasibility study will be provided to enable
the municipality to evaluate the impact of the proposed development
on the groundwater supply and on existing wells. The purpose of the
study will be to determine if there is an adequate supply of water
for the proposed development and to estimate the impact of the new
development on existing wells in the vicinity. The water feasibility
shall be reviewed by the Township Engineer.
(2)
A water system which does not provide an adequate supply of
water for the proposed development, considering both quantity and
quality, or does not provide for adequate groundwater recharge considering
the water withdrawn by the proposed development shall not be approved
by the municipality.
(3)
A water feasibility study shall include the following information:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area with a radius of at least one mile
from the site;
(c)
The location of all existing and proposed wells within 1,000
feet of the site and all known point sources of pollution;
(d)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined;
(e)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams
and the groundwater table;
(f)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study; and
I.
The applicant shall provide the design for and perpetually implement
an air filtration system so that the odors from the facility will
not be noticeable at the property lines.
J.
The applicant shall provide an analysis of the physical conditions
of the primary road system serving the proposed use. The analysis
shall include information on the current traffic flows on this road
system and projections of traffic generated by the proposed use. Improvements
to the road network shall be provided by the applicant to ensure safe
turning movements to and from the site and safe through movement on
existing roads and shall demonstrate that the existing roads are capable
of supporting the increased truck traffic. If roads are weight restricted,
then the roads must be reconstructed to be structurally sufficient
to handle anticipated truck traffic.
K.
All ventilation outlets must be oriented away from any land within
a residential zone.
An indoor shooting range is permitted as provided in Article 2 herein and subject to the following criteria:
A.
A development plan shall identify the safety fan for each firing
range. The safety fan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The safety fan
configuration shall be based upon qualified expert testimony regarding
the trajectory of the bullet and the design effectiveness of berms,
overhead baffles, or other safety barriers to contain projectiles
to the safety fan.
B.
The applicant shall present expert testimony to establish that sufficient
soundproofing shall be provided to render the sound of discharge of
any firearm inaudible when outside the building in which the indoor
shooting range is located.
C.
All operations shall be conducted in accordance with PA state law.
An outdoor shooting range is permitted as provided in Article 2 herein and subject to the following criteria:
A.
A development plan shall identify the safety fan for each firing
range. The safety fan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The safety fan
configuration shall be based upon qualified expert testimony regarding
the trajectory of the bullet and the design effectiveness of berms,
overhead baffles, or other safety barriers to contain projectiles
to the safety fan.
B.
The sides and rear of the firing range, including the entire safety
fan, shall be enclosed with a six-foot-high nonclimbable fence to
prevent unauthorized entry into the area. Range caution signs with
eight-inch-tall, red letters on a white background shall be posted
at a maximum of fifty-foot intervals around the range perimeter. Signs
shall read "SHOOTING RANGE AREA. KEEP OUT!"
C.
All surfaces located within the safety fan, including the backstop,
overhead baffles, berms, and range floor, shall be free of hardened
surfaces, such as rocks or other ricochet-producing materials.
D.
The applicant shall present credible evidence that the sounds of
shooting in the nearest residential zone does not exceed the ambient
noise level.
E.
The range boundaries must be at least 500 feet from any property
or street line and also located at least 1,000 yards from the nearest
existing residential dwelling that is not on the same property and/or
within 1,000 yards of the nearest RS-1, RS-2, RS-3, MU-1, or MU-2
Zone. The range boundaries will be determined as a 150 yard radius
from each of the stands.
F.
Hours of operation shall be consistent with State Game Lands Shooting
Range Regulations, as amended.
G.
All operations shall be conducted in accordance with PA state law.
A shopping center is permitted as described in this chapter
and subject to the following criteria:
A.
The subject property shall front on an "arterial or major collector
road" as defined in the Northern York County Comprehensive Plan, and
all access drives shall be set back at least 400 feet from the intersection
of any street right-of-way lines. No vehicular access to the subject
property shall be located within 800 feet of the intersection of an
entrance or exit ramp of PA Route 15 with an adjoining road unless
said access drive does not occur on the road intersecting with the
entrance or exit ramp. Access drives must align with any street, access
drive, or driveway in the area opposite the site.
B.
A "shopping center," as defined herein, with over 100,000 square
feet of gross floor area shall provide a minimum of 10% interior landscaping
as described in this chapter.
C.
In addition to vehicular access to the property, the applicant shall
be required to design and construct pedestrian linkages with adjoining
tracts. Such pedestrian linkages shall be located so as to provide
safe and convenient access to the shopping center from the nearby
areas.
D.
Any shopping center must provide an improved bus stop which would
be conveniently accessible for patrons who would travel to and from
the site by bus. Such bus stop must be provided, even if current bus
service is unavailable along the subject property. Such bus stop shall
include a shelter, seating, a waste receptacle, and at least one shade
tree.
E.
A traffic impact study shall be submitted by the applicant in accordance with Chapter 435, Subdivision and Land Development, and shall include an analysis of the interior of the shopping center site.
Convenience stores and restaurants shall be required to calculate
and provide parking spaces independent of the overall shopping center.
F.
The proposed shopping center design shall comply with the applicable
regulations contained within the following table unless more stringent
regulations are found elsewhere in this chapter:
|
Shopping Center Design Requirements
| |||||||
|---|---|---|---|---|---|---|---|
|
Required Minimum Yard Setbacks
| |||||||
|
Use
|
Minimum Required Lot Width
(feet)
|
Minimum Required Lot Depth
(feet)
|
Front, as Measured from Street ROW
|
One Side**
|
Both Sides**
|
Rear
|
Minimum Required Setback from Either Residential Zone or Use
as Specified Below*
|
|
Shopping center, as defined herein, with up to 50,000 square
feet of gross floor area
|
250, at the building setback line
|
250
|
35 feet for buildings and structures (except permitted signs);
20 feet for off-street parking; off-street loading or dumpsters are
required to be placed between the rear wall of the building and the
rear property line. (The rear wall shall be the wall closest to the
rear property line.)
|
50 feet for buildings and structures (except permitted signs);
15 feet for off-street parking and loading spaces and dumpsters
|
50 feet for buildings and structures (except permitted signs);
30 feet for off-street parking and loading spaces and dumpsters
|
25 feet for all buildings, structures, off-street parking and
loading spaces and dumpsters
|
50 feet for buildings, structures, off-street parking and loading
spaces and dumpsters for both residential zone and a residential use
outside of a residential zone
|
|
Shopping center, as defined herein, with between 50,000 and
100,000 square feet of gross floor area
|
300, at the building setback line
|
500
|
50 feet for buildings and structures (except permitted signs);
25 feet for off-street parking; off-street loading or dumpsters are
required to be placed between the rear wall of the building and the
rear property line. (The rear wall shall be the wall closest to the
rear property line.)
|
60 feet for buildings and structures (except permitted signs);
20 feet for off-street parking and loading spaces and dumpsters
|
60 feet for buildings and structures (except permitted signs);
40 feet for off-street parking and loading spaces and dumpsters
|
30 feet for all buildings, structures, off-street parking and
loading spaces and dumpsters
|
100 feet for buildings, structures, off-street parking and loading
spaces and dumpsters for residential zone, and 50 feet for buildings
structures, off-street parking, loading spaces and dumpsters for a
residential use outside of a residential zone
|
|
Shopping center, as defined herein, over 100,000 square feet
of gross floor area
|
500, at the building setback line
|
750
|
100 feet for buildings and structures (except permitted signs);
40 feet for off-street parking; off-street loading nor dumpsters are
required to be placed between the rear wall of the building and the
rear property line. (The rear wall shall be the wall closest to the
rear property line.)
|
100 feet for buildings and structures (except permitted signs);
25 feet for off-street parking and loading spaces and dumpsters
|
100 feet for buildings and structures (except permitted signs);
50 feet for off-street parking and loading spaces and dumpsters
|
40 feet for all buildings, structures, off street parking and
loading spaces and dumpsters
|
200 feet for buildings, structures, off-street parking and loading
spaces and dumpsters for residential zone; 50 feet for buildings structures,
off-street parking, loading spaces and dumpsters for residential use
outside of a residential zone
|
|
NOTES:
| |
|---|---|
|
*
|
Including adjoining residential zones or uses across a right-of-way.
(Residential zones include RS-1, RS-2, RS-3, RA, and AC Zones.)
|
|
**
|
§ 450-419, with regard to side yard elimination when two commercial uses are side-to-side, is to remain in full force and effect.
|
A short-term rental is permitted as provided in Article 2 herein and subject to the following criteria:
A.
No more than one short-term rental unit may be located in a structure.
B.
The applicant shall furnish evidence that there are no restrictions
(HOA/deed restrictions) on use of the property as a short-term rental.
C.
If not on public water, the applicant shall furnish evidence that
an approved means of sewage disposal and potable water supply shall
be used.
D.
The applicant shall furnish evidence that an approved means of solid
waste or trash disposal shall be used.
E.
The applicant shall furnish proof of insurance for the use.
F.
Within all applicable districts, accommodations shall not exceed
eight transient occupants.
G.
Guests shall not stay more than 21 days in any calendar year.
H.
Short-term rentals shall adhere to the UCC requirements for the use.
I.
All floors above grade or below grade shall have a permanently affixed
direct means of escape to ground level. Any modifications to the external
appearance of a building (except fire escapes) shall complement its
residential character.
J.
Off-street parking areas shall be provided behind the setbacks.
K.
The applicant shall furnish proof of any needed land development
approvals.
L.
The applicant shall apply for a zoning permit which shall identify
an emergency contact person, number of units, owner authorization
for any required municipal inspections and hotel sales tax documentation.
Townhouses are permitted as provided in Article 2 herein and subject to the following criteria:
A.
Public sewer and water shall be used.
B.
At least 30% townhouses shall be at the end of their grouping. No
more than 40% of the total number of townhouse groupings shall contain
more than six units, and in no case shall any building contain more
than 10 units.
C.
No grouping shall exceed an overall length of 200 feet.
D.
Forty percent of the townhouse fronts shall be staggered from the
remaining fronts within a building a minimum of two feet.
E.
Each dwelling unit shall be sited on a separated lot whether intended
for sale or not.
F.
For proposed developments, all structures and dumpsters shall be
set back at least 50 feet from adjoining property lines. Off-street
parking, access drives, and loading shall be set back at least 50
feet from adjoining property lines.
G.
Buildings shall be setback a minimum of 25 feet from any parking
lot, aisle, or access drive on common lands or jointly used through
an easement agreement.
H.
The area to the front of the building shall be landscaped with a
mixture of shrubs and hedges with a minimum of four such elements
provided per 15 linear feet of dwelling unit. Two shade trees per
first floor unit shall be planted along the perimeter of the building.
I.
All buildings must be set back a minimum of 100 feet from any single-family residential use, and there shall be a thirty-foot landscape buffer along the perimeter where a contiguous single-family residential use exists, constructed and maintained in accordance with this chapter and the Chapter 435, Subdivision and Land Development.
J.
At least 40% of the development site shall be devoted to common open space. Such required open space shall be in addition to any dedicated parklands and/or fees in lieu thereof. One-half of the area of open space shall be landscaped as a landscape buffer (this shall be in addition to any other required landscaping) and shall be dispersed throughout the site. The location, design, ownership and maintenance of such common open space shall be subject to the requirements of this chapter, and Chapter 435, Subdivision and Land Development.
K.
Sidewalks shall connect pedestrian destinations, such as building
fronts, mailbox pedestals, recreation facilities and adjacent developments.
L.
Each townhouse shall have a private space created through landscaping,
fencing or other architectural elements at the rear or side of the
unit of at least 200 square feet in area. At least 150 square feet
of said space shall be surfaced with durable hard material, such as
stone, brick, concrete, or wood.
M.
Each townhouse shall have an attached storage area, a minimum of
40 square feet, incorporated into the design of the unit, and accessible
from the exterior of the unit.
N.
On street (or access drive) parking, where provided, shall be designed
as parallel parking spaces.
O.
Maximum building height may be increased up to an additional 10 feet,
provided the required front setback is increased in an amount equal
to 1/2 the increase in height, and provided the structure is not more
than three stories.
Slaughtering, processing, rendering, and packaging of food products and their by-products which are produced from the remains of animals is permitted as a principal use, subject to the provisions of Article 2 herein and the following criteria:
A.
Minimum lot area: five acres.
B.
Minimum building setback: refer to requirements of underlying zone.
C.
All aspects of the slaughtering, processing, rendering, and packaging
operation, excepting the unloading and holding of live animals, shall
be conducted within a completely enclosed building.
D.
All live animals held outside shall be within secure holding pens
or runways, sufficiently large to accommodate all animals without
crowding, and not located within the front yard.
E.
The applicant shall furnish a working plan for the recovery of escaped
animals which minimizes the potential for animals to enter traffic
or cross property lines, and which shall be continuously implemented.
F.
All animal wastes shall be regularly cleaned up and properly disposed
of, so as not to be objectionable at the site's property line.
G.
The unloading of live animals from trucks into holding pens and their
movement into the plant shall be continuously supervised by a qualified
operator, whose responsibility it shall also be to immediately identify
and appropriately dispatch any obviously ill or injured animals.
H.
The unloading of live animals and their movement into the plant shall
be conducted in an orderly and calm manner so as to minimize noise
levels.
I.
The loading and unloading of trucks shall be restricted to the hours
between 6:00 a.m. and 9:00 p.m.
J.
No exterior animal holding pens and/or areas devoted to loading/unloading
of animals shall be located within 300 feet of any property line nor
500 feet of any land within a residential zone or use.
K.
All animal holding pens and/or areas used for the loading/unloading
of animals shall be screened from all adjoining properties and shall
include a minimum fifty-foot-wide landscape buffer.
L.
Sewer and water lines shall be installed to minimize the potential
for leakage and contamination by maximizing the separation distance
between lines and laying sewer lines at greater depth than water lines.
M.
Wastewater shall be kept completely covered at all times to reduce
the potential for release of odors. In no event shall wastewater be
disposed of in a storm sewer, to the ground, or in any other manner
inconsistent with PA DEP regulations.
N.
All unusable animal by-products shall be stored indoors in leakproof
and vectorproof containers. In the case of slaughtering or processing
operations which do not do their own rendering, the applicant shall
provide evidence of a written contract with a rendering operation
for the daily disposal of such waste products. In no case shall any
waste products remain on the site for more than 24 hours.
O.
The applicant must demonstrate written compliance with, and continue
to comply with, all applicable local, state and federal standards
and regulations.
P.
The use shall provide sufficiently long stacking lanes and on-site
loading/unloading areas, so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking or loading/unloading
shall be permitted on or along any public road.
Q.
Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties. Access drives used by trucks shall only intersect with
major collector or arterial roads.
R.
All access drives shall be designed and located so as to comply with this chapter and Chapter 435, Subdivision and Land Development.
S.
All access drives onto the site shall have a paved minimum thirty-five-foot-wide
cartway.
A temporary tent sale operation is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Maximum area occupied by tent or display of retail goods shall be
limited to a continuous area of 1,200 square feet.
B.
The tent, supports, and appurtenances, and retail displays shall
not encroach on any access drive, parking lot aisle, clear sight triangle,
and shall not result in an unsafe traffic condition.
C.
The tent, supports, and appurtenances, and retail displays shall
be removed within 15 days of the issuance of the zoning permit.
D.
No temporary tent sale may be erected on any property (in any location
on a property) for more than a total of 45 calendar days, intermittently
or consecutively.
E.
In addition to signs allowed elsewhere in this chapter, a temporary
tent sale may erect two sign faces not to exceed a height of eight
feet and an area of 25 square feet per face.
A.
These proposed guidelines are intended to advance the following community
goals for TND development within the Township:
(1)
Encourage new development and redevelopment that provides for
traditional town and village character and is compatible with the
Township's remaining rural character and development;
(2)
Allow for compact, visually unified mixed-use developments with
a consistent building scale and integrated village greens, open spaces
and service oriented commercial uses;
(3)
Accommodate households of different sizes, ages and incomes
by providing a mix of housing styles, types and sizes;
(4)
Minimize negative impacts of the automobile with an interconnected
and broadly rectangular pattern of streets and lanes that offers multiple
routes for motorists, pedestrians and bicyclists and provides connections
to existing and future developments;
(5)
Protect and enhance natural and cultural features, including
historic resources, scenic viewsheds, natural topography, woodlands,
wetlands, stream corridors, steep slopes and prime agricultural soils;
(6)
Improve the efficiencies of public services and reduce the cost
of public infrastructure; and
(7)
Promote the implementation of the objectives of the Northern
York Regional Comprehensive Plan for guiding the location of growth.
B.
The regulations set forth in this section shall apply to TND developments
as permitted elsewhere in this chapter, and no other uses.
C.
All TND developments shall comply with the following:
(1)
The minimum parcel area to be eligible to apply for a TND development
shall be 70 acres.
(2)
A TND project shall be developed according to a single overall
master plan (OMP) that depicts complete build-out of the TND tract
with common authority and responsibility.
(3)
A TND may be developed in phases, but each phase shall contain
a broad mix of residential, commercial, civic and open space uses,
consistent with the final mix at build-out and the OMP.
(4)
The TND shall be connected to a public water supply system and
to a public sanitary sewer system.
(5)
The TND shall be generally consistent with the Northern York
Regional Comprehensive Plan and within the growth area.
(6)
Applications for sites less than 70 acres can be considered
by the municipality for redevelopment or in-fill development and when
contiguous with or directly across a street from an existing or approved
TND and the applicant has demonstrated that their proposal is consistent
with this section, and the design of the contiguous TND. Parcels less
than 70 acres, zoned commercial, when contiguous with or directly
across a street from an existing, proposed or approved TND and when
the applicant has demonstrated that their proposal is consistent with
this section, and the design of the contiguous TND, said parcel may
be included and incorporated into a proposed or existing TND as the
neighborhood commercial center either in whole or in part. The burden
of proof shall be on the applicant.
D.
Applicant shall submit an overall master plan (OMP) with an application
for a preliminary subdivision or land development plan for the TND.
(1)
The OMP shall:
(a)
Show existing features, including, but not limited to: roads;
bridges; culverts; railroads; rights-of-way; easements; utilities;
and pipelines; and the proposed changes to these features;
(b)
Show areas and percentage of total land area designated for
public recreation land;
(c)
Show areas and percentage of total land area designated for
open space;
(d)
Show areas designated for stormwater management facilities;
(e)
Show the designated core neighborhood;
(f)
Show the general layout of streets, alleys, parking areas, sidewalks
and trails. This shall include traffic circulation diagrams demonstrating
adequate access for emergency and routine service vehicles to all
areas of the proposed TND;
(g)
Show in general terms how the TND will be served by utility
and transportation services;
(h)
Provide an assessment of the impact of the TND on applicable
public school systems;
(i)
Include documentation showing proposed plan for ownership and
perpetual maintenance and protection of open space; and
(j)
Include typical design details for streets, parking facilities,
alleys, sidewalks, trails, public recreation facilities and open space
facilities.
(2)
The OMP shall include a phasing plan and schedule for implementation
of the TND. The schedule shall be developed to show:
(a)
The square footage of nonresidential uses that are to be constructed
before 50% of the residential units outside the core neighborhood
are constructed.
(b)
The percentage of residential units outside the core neighborhood
that are to be constructed before 25% of the square footage of the
nonresidential uses in the core neighborhood is constructed.
(c)
The square footage of nonresidential uses in the core neighborhood
that are to be constructed before 75% of the residential units outside
the core neighborhood are constructed.
(d)
The percentage of residential units outside the core neighborhood
that are to be constructed before 75% of the square footage of the
nonresidential uses in the core neighborhood is constructed.
(3)
The OMP shall include a set of proposed architectural standards
and guidelines (ASG), to be applied consistently throughout the entire
TND.
(a)
It is not the intent of this chapter to dictate architectural
styles. It is recognized that a set of architectural standards and
guidelines (ASG) chosen by the applicant and adhered to consistently
throughout the TND will enhance the objectives and goals of this chapter.
Therefore, the applicant shall choose a set of standards which shall
be adhered to consistently throughout the TND and provide the standards
in one document and provide the document to the Township.
(b)
The ASG shall include as a minimum:
[1]
Building proportions, massing and detailing, setbacks for principal
and accessory structures, garage placement and type of garage entry;
[2]
Building types and architectural style; roof style and pitches;
window and door type, size and location materials; front porch type,
size and location;
[3]
Streetscape elements and enhancements at intersections with
existing streets, parking areas, context-sensitive streetlights and
area lighting, pedestrian features, fencing elements, sidewalks, pedestrian
pockets and other elements;
[4]
A comprehensive sign program and sign design elements for all
uses within the TND; and
[5]
A pedestrian-oriented network that provides pedestrian connections
(trails and sidewalks) to all adjacent properties that have pedestrian
connection potential and connect trails and sidewalks to existing
adjacent trails and sidewalks to create complete pedestrian circulation.
E.
The TND shall be developed as a mixed-use neighborhood in which residential, commercial, civic and open space uses are within close proximity to one another. The development shall be designed with a mix of housing types and sizes and shall provide a community focal point in the form of a public open space, civic space and/or a retail use. In a TND no building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except as listed below, and all such uses shall be subject to land development plan approval, in accordance with the Chapter 435, Subdivision and Land Development, and those regulations specified elsewhere in this chapter:
(1)
Residential.
(a)
Single-family detached dwellings.
(b)
Accessory apartment units (an apartment located in an accessory
structure, or located in the primary structure with mutually exclusive
livable areas and provided with a separate entrance).
(c)
Single-family semidetached dwellings.
(d)
Two-family dwellings.
(e)
Single-family attached (townhouse-style) dwellings.
(2)
Neighborhood commercial center.
(a)
General use.
[1]
TNDs shall provide a neighborhood commercial center containing
a mix of commercial, residential, civic and open spaces uses.
[2]
The neighborhood commercial center must be must located within
1/2 mile of 85% of proposed residential uses.
[3]
No individual commercial use shall exceed 12,000 square feet
in gross floor area, and more specifically, no professional, business
or administrative office use shall exceed 26,000 square feet in gross
floor area.
[4]
Commercial uses which enable or encourage patrons to remain
in their automobiles while receiving goods and services shall not
be permitted adjacent to a dwelling unit.
[5]
Commercial, civic or institutional uses shall comprise a minimum
of 50% of the total square footage of the neighborhood commercial
center.
(b)
Commercial uses.
[1]
Personal services, including beauty and barber shops, shoe repair,
tailoring and dressmaking and dry cleaner.
[2]
Professional, business or administrative offices, such as medical,
dental, real estate, bank or other financial institution.
[3]
Personal fitness center or training or education businesses,
including music, art, dance or other cultural pursuits, instruction
for individuals and including instrument, art or other directly related
sales.
[4]
Eating establishment, including restaurants, coffee or tea shops,
and delicatessens with inside and/or outside table service.
[5]
Individual retail stores, shops or establishments, including
grocery stores, pharmacies, bakery or confectionery stores, bookstores,
newsstands, gift shops, bicycle shops, specialty food stores, florists,
art galleries, studios and shops of artists and artisans.
[6]
Child or adult day-care facilities.
[7]
Bed-and-breakfast inns.
[8]
Another use which is determined substantially similar to those
above by the Zoning Officer.
(c)
Residential uses.
[1]
Multiple-family dwellings (apartments).
[2]
Residential units located on upper floors above commercial uses.
[3]
Live-work units consisting of a first-floor professional office,
photographic, music, art, or dance studio, retail sales, or restaurant
use within the same structure as a residential dwelling.
(3)
Single-family detached dwellings shall be dispersed throughout
the residential areas of the TND. A minimum of 35% of single-family
dwellings shall be located immediately adjacent to or immediately
across a street from and facing single-family semidetached, or single-family
attached (townhouse style).
(4)
Not more than 25% of the single-family detached dwellings shall
include an accessory apartment.
(5)
The required number of each residential dwelling type or other
permitted use shall be calculated based upon the following percentages
of total residential units proposed (unless noted otherwise):
|
Type of Use
|
Minimum
|
Maximum
|
|---|---|---|
|
Single-family detached
|
20%***
|
60%
|
|
Accessory apartment
|
0%
|
10%
|
|
Single-family semidetached and two-family
|
0%
|
25%
|
|
Single-family attached (townhouse style)
|
0%
|
40%
|
|
Multiple-family
|
5%
|
40%**
|
|
Live-work units
|
0%
|
15%
|
|
Neighborhood commercial center*
|
25%
|
60%
|
|
Civic uses*
|
5%
|
25%
|
|
NOTES:
| |
|---|---|
|
(All percentages in this table are based on number of residential
units/total number of residential units.)
| |
|
*
|
Measured as a percentage of total gross lot area.
|
|
**
|
If all multiple-family units are age restricted then multiple-family
maximum may be raised to 60%.
|
|
***
|
Existing or approved single-family detached lots located within
1,000 feet of the neighborhood center may be counted toward satisfying
this minimum, provided sidewalk connects said single-family detached
lots directly to the neighborhood center.
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F.
The maximum density permitted within a TND is 4.0 dwelling units/acre
based on the gross acreage of the tract. The use of one or more design
incentives can increase the maximum density permitted to 6.75 dwelling
units/acre.
G.
Designs which incorporate one or more of the following design elements
will qualify for a reduction in the required amount of open space
or an increase in the maximum permitted density as listed below.
(1)
Design element. Rear vehicular access and/or garage access via
a lane.
(a)
Incentive. Density increase of 0.25 dwelling units/acre for
every 30 dwelling units with design element.
(2)
Design element: 10% of single-family detached dwellings between
1,200 and 1,600 square feet of livable floor area (excludes garage,
basement, etc.) and distributed throughout the residential area.
(a)
Incentive. Density increase of 0.2 dwelling units/acre for each
10% increment of single-family detached dwelling units with design
element, up to 0.6 dwelling units/acre.
(3)
Design element. Planting of an additional 30 trees beyond ordinance
requirements on subject property or on public property as a riparian
buffer.
(a)
Incentive. Density increase of 1.0 dwelling units (total) per
30 additional trees in accordance with Subdivision Ordinance standards,
or a reduction in required open space of 0.25 acre (total) per 30
additional trees, up to a maximum of 4.0 dwelling units, or up to
one acre reduction of pen space.
(4)
Design element. Design, permitting, and construction of stream
restoration and reforestation to stabilize, naturalize and restore
the natural hydrologic functions of a degraded Township stream, using
natural and native materials and plants. Design shall be permitted
in accordance with the PA DEP and Carroll Township Stormwater Ordinance.
(a)
Incentive. Density increase of three dwelling units total per
300 feet (minimum) of stream restored, for a maximum of 40 dwelling
units.
H.
I.
Building height: 35 feet max.; 65 feet max. within the neighborhood
commercial center.
J.
Minimum residential lot area.
K.
Maximum lot coverage: 90% in neighborhood commercial center; 75%
elsewhere.
L.
Residential area design standards.
(1)
All dwelling units shall be located within a 1/4 mile of a common,
green, square, or trail.
(2)
75% of dwelling units shall directly abut or be situated across
a street right-of-way from open space.
(3)
Except for the allowances within this section, single-family attached (townhouse-style) dwellings shall comply with the requirements for townhouses (single-family attached dwellings) § 450-377 in this chapter.
(4)
Except for the allowances within this section, multiple-family attached (apartment-style) dwellings shall comply with the requirements for multiple-family dwellings § 450-350 in this chapter.
(5)
At least one public entrance of each residential principal structure
shall be oriented towards the front lot line or street side lot line.
Vehicular openings (such as garages and carports) shall not constitute
a public opening.
(6)
Pedestrian access from the public sidewalk, and/or street right-of-way
to the front doorway shall be provided via an improved surface.
(7)
All garages or carports shall be recessed a minimum of 10 feet
behind the front facade of the principal structure or required minimum
front yard setback, whichever is greater.
(8)
Not more than two driveways may be located contiguous to each.
When the principal structures are each located on their own lots,
then each driveway shall remain on its own lot. A landscape buffer
10 feet wide must separate a group of two contiguous driveways from
the next driveway or group of two driveways on the same side of the
street.
(9)
An unscreened open air porch, including roof projections (eaves),
may extend into the required front yard setback up to eight feet.
(10)
Where more than one single-family attached or single-family
semi-attached building is located on one lot, the following building
separation distances apply.
(a)
Front to front, rear to rear, or front to rear of buildings
shall have at least 50 feet between the closest parts of the building.
(b)
Side to side of buildings shall have at least 30 feet between
the closest parts of the building.
(c)
Side to front of buildings shall have at least 40 feet between
the closest parts of the building.
(d)
Side to rear of buildings shall have at least 30 feet between
the closest parts of the building.
M.
Neighborhood commercial center design standards.
(1)
Commercial and retail uses shall be those that support the day-to-day
needs of local residents and shall be complemented by compatible business,
civic and institutional uses. Neighborhood commercial uses shall be
grouped together adjacent to the street of highest classification
and shall be located within a 1/2 mile of 85% of all residential uses.
(2)
The neighborhood commercial center shall be provided with shared
off-street parking, signage, and landscaping consistent with the architectural
standards and guidelines developed for the TND.
(3)
Pedestrian access.
(a)
Pedestrian access shall be provided from the principal entrance
of each principal structure.
(b)
Pedestrian access shall be provided from any rear parking facility
to the ground floor uses either through rear building entrances, pedestrian
ways along the perimeter of the buildings, or by pedestrian throughways
which connect the rear parking lots to sidewalks at the front lot
line. The required access shall be spaced at intervals of no more
than 250 feet. Pedestrian throughways may be exterior between buildings,
or may be incorporated into the interior design of the building. If
exterior, they must be a minimum of 10 feet wide.
(c)
At least one public entrance of all principal structures shall
be oriented towards the street.
(d)
Primary building entrances shall be clearly visible and delineated
with elements such as roof overhangs, recessed entries, landscaping,
or similar design features.
(4)
Front and street side exterior walls shall each contain a minimum
of 15% transparent or translucent materials on each story below the
roofline.
(5)
Parking facilities shall be restricted to the rear or side of
a principle structure. No parking shall be permitted between the face
of a building closest to a street and the street right-of-way line.
Parking facilities along a street shall preserve the streetscape through
planting a fifteen-foot landscape buffer constructing and maintaining
a freestanding wall matching the adjacent building walls between three
feet and eight feet in height.
N.
Open space.
(1)
A minimum of 30% of the gross acreage of the TND shall be devoted
to common open space. Through the use of design incentives, the area
of open space may be reduced to 25%.
(2)
The arrangement and configuration of the open space shall relate
to the design of the TND and shall be usable and/or accessible to
the residents and patrons of the TND and shall include a central public
space.
(3)
Common open space shall be available for use by residents and
patrons of the TND and their guests free of charge, except for areas
of nonintensive agriculture, horticulture, floriculture or silviculture.
An annual maintenance fee assessed to all property owners for maintenance
of common open space shall not be considered a charge for use of the
space.
(4)
Commercial uses shall not be permitted in common open space,
except for community events approved by the owner of the common open
space.
(5)
Common open space may be made available for use by the general public. This shall not be cause to reduce the recreation requirements of Chapter 435, Subdivision and Land Development.
(6)
Applicant shall supply documentation showing proposed plan for
ownership and perpetual maintenance and protection of common open
space consistent with open space requirements in this chapter.
(7)
Open space shall meet all other requirements of this chapter.
O.
Parking.
(1)
Commercial and retail uses may count on-street parking located
within 150 feet of the use. Once on-street parking is counted for
a use, it may not be counted again for another use.
(2)
All parking spaces must be located within 150 feet of the use
in order to be counted towards meeting the minimum parking requirements
for that use.
(3)
Off-Street parking shall be located at mid-block parking facilities
located behind the rear face (the face farthest from the street).
(4)
Landscape screen and buffer requirements between residential
and commercial uses, and between parking facilities/access drives
and buildings shall be consistent with the OMP.
(5)
Parking is prohibited on lanes.
(6)
If the garage is included as storage (satisfying 40 square foot
area), it shall not be considered a parking space.
(7)
All other parking regulations of this chapter shall apply.
A truck stop or motor freight terminal is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The subject property shall have a minimum of 300 feet of road frontage
along a collector or an arterial road.
B.
All structures (including underground tanks, parking lots, and access
drives) shall be located no closer than 500 feet from any residential
zone or use and/or property containing a school, day-care facility,
park, playground, library, hospital, nursing, rest or retirement home,
or medical residential campus.
C.
All structures (including, but not limited to, air compressors, fuel
pump islands, kiosks) shall be set back at least 100 feet from any
street right-of-way line.
D.
A fifty-foot landscape buffer shall be provided on the property along
any street frontage. A thirty-foot landscape buffer shall be provided
on all other property lines.
E.
Access driveways shall be a minimum of 28 feet and a maximum of 35
feet wide.
F.
Off-street parking shall be provided at a rate equal to that required
for each of the respective uses comprising the truck stop. The applicant
shall also present credible evidence that the number of oversized
off-street parking spaces provided for trucks will be adequate to
accommodate the expected demand generated by truck patrons. Any gates
or other barriers used at the entrance to parking areas shall be set
back and arranged to prevent vehicle backups onto adjoining roads
during peak arrival periods.
G.
Trash receptacles shall be provided amid off-street parking areas
which shall be routinely emptied. Furthermore, a working plan for
the regular cleanup of litter shall be furnished and continuously
implemented by the applicant.
H.
All uses involving drive-through restaurant and/or drive-through
vehicle service and/or washing shall provide sufficient on-site stacking
lanes to prevent vehicle backups into access drives, parking areas,
and adjoining roads.
I.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. No outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations shall be permitted.
J.
The outdoor storage of unlicensed, unregistered, or uninspected vehicles
is prohibited.
K.
All vehicles and machinery shall be repaired and removed from the
premises within two weeks.
L.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles, and/or parts thereof, shall be removed within
two weeks after arrival.
M.
The applicant shall submit a traffic impact report meeting the standards of Chapter 435, Subdivision and Land Development.
N.
All outdoor loudspeaker systems shall be designed, arranged, and
operated so as to be inaudible at the property line.
O.
A truck stop shall delineate long-term parking areas from short-term
parking areas through pavement markings and signage conspicuously
posted throughout the parking area. Short-term parking shall be limited
to four hours and is intended for unattended vehicle storage while
purchasing goods or services.
P.
A truck stop shall provide and perpetually maintain electric plug-ins
for each and every designated parking space within the long-term parking
area, designed and maintained to provide electric service capable
of running all accessory functions within the vehicle, thereby eliminating
the need for diesel idling.
Q.
Parking at a location other than those delineated for short- or long-term
parking is prohibited.
R.
The idling of diesel engines for periods in excess of five minutes is prohibited, unless a unique condition where the nonroutine idling for longer periods of time is justified. Said unique conditions justifying longer idling times shall be as listed in Article 4, hereby incorporated by reference.
S.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations.
T.
Video gaming terminals (VGTs) are prohibited.
A detached single-family dwelling that existed on the effective date of this chapter, and contained (at that time) at least 2,000 square feet, may be converted into two dwelling units subject to the provisions of Article 2 herein and following criteria:
A.
The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized.
B.
No extensions or modifications to the external appearance of the
building, which would alter its residential character, shall be permitted.
C.
All floors above grade and below grade shall have a permanently affixed
direct means of escape to ground level.
D.
The applicant shall obtain any required land development approvals.
Repossession and short-term vehicular storage is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area of four acres.
B.
Vehicles shall be removed within 100 days.
C.
Hours of operation shall not exceed 8:00 a.m. to 8:00 p.m., Monday
through Saturday.
D.
A fence up to eight feet in height shall be permitted.
E.
A plan for control of spilled fluids shall be provided for approval
of the Township and continuously implemented by the property owner.
F.
Area shall be screened from view of roadway and/or residential zone
or use via buildings, or a thirty-foot landscape screen in accordance
with the Subdivision and Land Development Ordinance requirements.
G.
The area shall meet all other setbacks for the underlying zone.
H.
The maximum number of vehicles stored at any one time shall be 50.
Long-Term Vehicular storage is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Minimum lot area of four acres.
B.
Vehicles shall be operable, in drivable condition.
C.
Vehicles that are required to be inspected for use on public roads
shall have current state vehicle inspection.
D.
Vehicles that are required to be licensed for use on public roads
shall have valid state licenses.
E.
Vehicles that are required to have state registration for use on
public roads shall have valid state registration.
F.
All storage shall be on a bituminous or concrete paved surface.
G.
All storage shall be screened from view of roadway and/or residential zone or use via buildings, or a thirty-foot landscape screen in accordance with Chapter 435, Subdivision and Land Development.
H.
The area shall meet all other setbacks for the underlying zone.
[Amended 9-11-2023 by Ord. No. 2023-254]
A warehouse and/or distribution/fulfillment center is permitted as provided in Article 2 herein and subject to the following criteria:
A.
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
(1)
The nature of the on-site activities and operations, hours of
operation, number of employees, the types of materials stored, the
frequency of distribution and restocking, the duration period of storage
of materials, and the methods for disposal of any surplus or damaged
materials. In addition, the applicant shall furnish evidence that
the disposal of materials will be accomplished in a manner that complies
with state and federal regulations.
(2)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use comply with applicable laws and ordinances, including, but not limited to, those listed in Article 3 of this chapter.
(3)
A traffic impact study prepared by a professional traffic engineer, according to § 435-27C, or successor section, of Chapter 435, Subdivision and Land Development. The traffic impact study shall clearly delineate the proposed use (i.e., warehouse or distribution/fulfillment center). In addition to the requirements of Chapter 435, the traffic impact study shall include truck and automobile analysis to project and break out different vehicle trips throughout the entire day (not just the peak hours) to illustrate the full potential traffic generation of the site.
B.
The subject property shall have a minimum lot area of five acres
and a minimum lot width of 300 feet. A maximum lot coverage of 60%
shall be permitted.
C.
The use shall provide sufficiently long stacking lanes and on-site
loading/unloading areas, so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking areas or loading/unloading
areas shall be permitted within 50 feet of any public street right-of-way
line.
D.
Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties. Access drives used by trucks shall only intersect with
arterial or collector roads or new streets that are proposed, designed
and constructed to serve the distribution/fulfillment center and/or
warehouse.
E.
The subject property shall have a minimum of 300 feet of contiguous
road frontage along an arterial and/or collector road.
F.
Buildings (up to 100,000 square feet), access drives, parking areas,
staging areas and loading/unloading areas on the subject property
shall be located no closer than 200 feet from a residential use or
zone, and/or any property containing a school, day-care facility,
park, playground, library, hospital, nursing, rest or retirement home,
or medical residential campus. For buildings proposed over 100,000
square feet, a 500-foot setback shall apply.
G.
Access driveways shall be a minimum of 28 feet, as measured at the
street right-of-way line (unless a different width is required by
PADOT as part of the highway occupancy permit process), and a maximum
of 40 feet wide, as measured at the throat of the access drive. All
access drives onto the same road shall be set back at least 150 feet
from one another, as measured from closest points of cartway edges.
H.
Any gates or other barriers used at the entrance to parking areas
shall be set back and arranged to prevent vehicle backups onto adjoining
roads during peak arrival periods.
I.
Outdoor vehicle service, and/or repair activities, shall be prohibited.
J.
The outdoor storage of unlicensed and/or uninspected vehicles is
prohibited.
K.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles and/or parts thereof shall be removed within 30
days after arrival.
L.
All outdoor loudspeaker systems are prohibited.
M.
The parking, storage, staging and/or loading/unloading of vehicles
associated with the use shall be confined to the subject property;
no satellite parking, storage, staging and/or loading lots or areas
shall be permitted.
N.
The applicant shall furnish evidence that the storage and disposal
of materials and waste will be accomplished in a manner that complies
with all applicable state and federal regulations.
O.
Green space shall be 300 feet along adjoining lands containing a
residential use or zone.
(1)
Within the required green space, a forty-foot-wide landscape
screen is required and an earthen berm having a maximum slope three
feet horizontal to one foot vertical and a minimum height of 15 feet
above grade; and
(2)
Stormwater management facilities may be located within the green
space but not within the required landscape screen.
P.
In addition to the requirements set forth in § 450-403C, site lighting shall be equipped with motion sensors so that lights turn off or dim at least 50% after sundown when no motion is detected for 10 minutes.
Q.
The applicant
shall be required to submit qualified expert evidence of the methods
that will be used to assure that the proposed use will not contribute
materially to air pollution and will comply with all applicable Federal
Environmental Protection Agency air quality standards. Test data must
be furnished by the applicant addressing Particulate Matter 2.5 (total
weight of particles in the air that are less than 2.5 microns in size)
levels taken within 30 days of application by a certified independent
air-testing firm during peak use periods of the day. Warehouses not
in compliance with the National Ambient Air Quality Standard (NAASQS)
for PM 2.5, as established by the EPA and as amended by EPA regulations
from time to time, will furnish the Zoning Hearing Board or Board
of Supervisors in the case of a conditional use application a plan
within 60 days for reducing PM 2.5 emissions to acceptable levels.
Upon approval of that plan, the terminal will have 90 days to provide
evidence that satisfactory PM 2.5 levels have been reached, or it
will be found in violation of this chapter. Upon approval of special
exception, warehouse owners must provide PM 2.5 data on a quarterly
basis as sampled by a certified independent air -testing firm during
peak use periods of the day at locations every 200 feet around the
perimeter of the warehouse and at a distance of 75 feet from the warehouse
building.
R.
Prior
to conditional use approval, the applicant shall establish and submit
for approval to the governing body, a truck routing plan to and from
the state highway system. The plan shall describe proposed truck routing
to and from the facility to designated truck routes that avoids passing
a residential use or zone and/or any property containing a school,
day-care facility, park, playground, library, hospital, nursing, rest
or retirement home, or senior residential campus to the greatest extent
possible. The plan shall include measures, such as signage and pavement
markings, queuing analysis and enforcement, for preventing truck queuing,
circling, stopping, and parking on public streets. The facility operator
shall be responsible for enforcement of the plan. The governing body
shall have discretion to determine if changes to the plan are necessary
including any additional measures to alleviate truck routing and parking
issues that may arise during the life of the facility.
S.
Tractor-trailer
parking spaces shall be reserved for outbound trucks which are required
to layover or rest due to federal hours of service regulations. The
number of spaces shall be a minimum of 10% of the proposed loading
docks. Such spaces must be made available to tractor-trailers during
and/or after the facility's operating hours as necessary.
T.
Each
and every building containing a loading dock shall have amenities
for the truck drivers/operators of the vehicles using the facility
in addition to any similar amenities provided to on-site employees.
(1)
Each
amenity shall include, at a minimum, a suitable lounge for drivers/operators
containing not less than five seats, a four-seat table, restroom facilities,
including at least three sinks, stalls, etc., per restroom, and dispensing
machines or other facilities to provide food and beverage.
(2)
At
least one amenity shall be provided for every 30 truck loading/unloading
docks of the use.
A waste handling facility is permitted as provided in Article 2 herein and subject to the following criteria:
A.
All principal waste handling facilities for municipal and residual
wastes, as defined by the PA DEP, shall be operated, and/or designated
to be operated, by the Solid Waste Management Authority of York County.
B.
Any processing and/or treatment of waste (including, but not limited
to, incineration, composting, steaming, shredding, compaction, material
separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted
within a completely enclosed building.
C.
No waste shall be deposited, stored or disposed of, and no building
or structure shall be located within 900 feet of any property line,
within an AC, RA, RS-1, RS-2, RS-3, or MU-1 Zone;.
D.
A fence measuring at least eight feet in height must enclose all operations. A 100-foot landscape buffer shall be provided along the perimeter of the property, in addition a fifty-foot landscape screen shall be provided toward the interior of the site from the buffer along the perimeter of the property. Where the proposed use adjoins a residential zone, an existing residence and/or a public road, an earthen berm at least 10 feet in height with a minimum of a six-foot top width and sides no steeper than 4:1, shall be provided. Such berm shall be located on the site and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, etc., generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. All landscaping shall meet the requirements of this chapter and Chapter 435, Subdivision and Land Development.
E.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
F.
The principal waste handling facility shall have direct access to
a collector or an arterial street.
G.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting to be weighed and/or unloaded will
not back up onto public roads.
H.
Landfills must design and perpetually maintain and use vehicle wash
areas for every vehicle leaving the site to prevent dust, mud, or
sediment from leaving the site. The vehicle wash area must use filtered
recycled water, and be maintained in a sanitary condition.
I.
All access drives serving the site shall have a paved minimum thirty-five-foot-wide
cartway for a distance of at least 500 feet from the intersecting
street right-of-way line to the vehicle wash area. In addition, a
fifty-foot-long clean gravel (open-graded gravel) section of access
drive shall be placed and perpetually maintained just prior to the
vehicle wash area to help collect any sediment or mud that may have
attached to a vehicle's wheels. The applicant shall prepare a plan
for cleaning of the access drive which, upon Township approval, shall
be perpetually implemented. The owner and/or operator shall be responsible
for removing any mud, dust, or sediment from public roads caused by
vehicles traveling to and from the site.
J.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against the indiscriminate
and unauthorized dumping, all areas of the site shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
K.
Hours of operation whereby waste is accepted at, or transported from
the site, shall not exceed 8:00 a.m. to 4:00 p.m., Monday through
Friday, except state and federal recognized holidays, and Saturday
8:00 a.m. to noon.
L.
A program of litter control shall be exercised to prevent the scattering
of wind-borne debris, and a working plan for the cleanup of litter
shall be submitted to the Township and upon approval, perpetually
implemented.
M.
The unloading, processing, treatment, transfer, and disposal of waste
shall be continuously supervised by a qualified facility operator.
N.
Any waste that is to be recycled shall be stored in leakproof and
vectorproof containers. Such containers shall be designed to prevent
their being carried by wind or water. These containers shall be stored
within a completely enclosed building.
O.
All storage of waste shall be indoors in a manner that is leakproof
and vectorproof. During normal operation, no more waste shall be stored
on the property than is needed to keep the facility in constant operation;
but, in no event for more than 24 hours.
P.
A contingency plan for the disposal of waste during a facility shutdown
shall be submitted to the Township.
Q.
Leachate from the waste shall be disposed of in a manner in compliance
with any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, pretreatment shall
be required, and appropriate permits shall be obtained from the applicable
agencies and authorities. In no event shall leachate be disposed of
in a storm sewer, to the ground, or in any other manner inconsistent
with the Department of Environmental Protection's or Township regulations.
R.
The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources, indicating
quantity of water required. If the source is from a municipal system,
the applicant shall submit documentation that the public authority
will supply the water needed.
(1)
In addition, if the facility is to rely upon nonpublic sources
of water, a water feasibility study will be provided to enable the
municipality to evaluate the impact of the proposed development on
the groundwater supply and on existing wells. The purpose of the study
will be to determine if there is an adequate supply of water for the
proposed development and to estimate the impact of the new development
on existing wells in the vicinity. The water feasibility shall be
reviewed by the Municipal Engineer.
(2)
A water system that does not provide an adequate supply of water
for the proposed development, considering both quantity and quality,
or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the municipality.
(3)
A water feasibility study shall include the following information:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area with a radius of at least one mile
from the site;
(c)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells;
(d)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site;
(e)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution;
(f)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined;
(g)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams,
and the groundwater table;
(h)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study; and
S.
The applicant shall provide a traffic impact report, as required by Chapter 435, Subdivision and Land Development.
T.
A minimum 100-foot wide landscape strip shall be located along all
property lines. No structures, storage, parking, or any other related
activity or operation shall be permitted within this landscape strip.
Any fences or other screening erected on the site must not be located
within this landscape strip.
U.
The applicant shall furnish expert testimony regarding emergency
preparedness measures provided and/or otherwise available to respond
to potential hazards regarding the spill of waste materials during
transport to and from the site, and potential hazards regarding firefighting
of waste materials upon the site.
V.
No principal waste handling facility shall be located within one
mile of another, as measured in a straight line between closest property
lines.
A wind energy conversion system is permitted as provided in Article 2 herein and subject to the following criteria:
A.
Setback. A commercial wind energy conversion system shall meet the
minimum setback requirements for the underlying zone, plus a distance
equal to their height. Small wind energy system structures, including
guy wire anchors, shall have a setback to the property boundaries
of the installation site equal to their height, and shall not be placed
closer to the street or access right-of-way than the front of the
principle structure, unless a 150-foot setback is maintained. Such
side and rear setback requirement shall be reduced if adjoining property
owners within a distance equal to the small wind energy system's height
agree, in writing, to a lesser setback from their property. Each wind
turbine shall be set back from the nearest aboveground public electric
power line a distance no less than 1.1 times its total height determined
from the existing power line.
B.
Height. A small wind energy conversion system shall be limited to
a tower height of 50 feet for property sizes between 1/2 acre and
one acre. For property sizes of one acre or more, there is no limitation
on tower height, except as imposed by FAA regulations. For lots of
1/2 acre to 10,000 square feet, the tower height shall be limited
to 10 feet above the maximum principle building height.
C.
Small wind energy conversion systems are prohibited on lots that
have less than 10,000 square feet in area.
D.
Access to the site of a commercial wind energy conversion system
shall be restricted through a combination of fencing and access gates.
E.
All wind energy systems must comply with applicable FAA regulations,
including any necessary approvals for installations close to airports.
F.
Wind energy facilities shall not be artificially lighted, except
to the extent required by the FAA or other applicable authority.
G.
Electrical controls and control wiring and power lines shall be wireless
or buried below ground, except where wind energy facility's collector
wiring is brought together for connection to the utility company's
transmission or distribution network, adjacent to that network.
H.
Small wind energy conversion system turbines must have been approved
under the emerging technologies program of the California Energy Commission
or any other small wind certification program recognized by the American
Wind Energy Association.
I.
All wind energy systems shall not produce noise that exceeds 50 dBA,
as measured at the property line.
J.
Wind energy conversion systems shall be maintained free of rust,
in a color that blends in with the surrounding area, and in good working
order. Once the wind energy conversion system is nonoperational for
30 consecutive calendar days, it shall be dismantled and completely
removed from the site by the owner within 90 consecutive calendar
days. The Township shall have the right, but not the obligation, to
remove or have removed the apparatus upon the failure of the property
owner to remove the apparatus within the time limit stated above and
may charge the property owner all costs associated therewith. Failure
by the property owner to pay said charges shall give the Township
the right to file a lien against the property in the amount of the
charges plus all costs.
K.
Utility notification. No permit for a small wind energy system shall
be issued until evidence has been provided to the Township that the
utility company has been informed of the customer's intent to install
an interconnected customer-owned generator. Off-grid systems (systems
that do not connect to any commercial electric utility's lines or
facilities) shall be exempt from this requirement.
