[Ord. No. 477, 5/11/2021]
1. 
Authority. The Board of Supervisors shall hear and decide requests for conditional uses in accordance with the provisions of this chapter and the procedures, regulations, and standards and criteria of this Part 6.
2. 
Relationship to Township SALDO.[1] All provisions of the SALDO which are not specifically modified by the Board of Supervisors in approving a conditional use shall apply to any conditional use involving subdivision or land development.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
3. 
The applicant shall submit an application for approval of a conditional use to the Zoning Officer or designated staff person at least 28 working days prior to the Planning Commission meeting. The application shall indicate the section of this Part 6 under which the conditional use is sought and shall state the grounds upon which it is requested.
[Amended by Ord. No. 483, 7/13/2021]
4. 
Application Content. An application for development for approval of a conditional use shall include the following:
A. 
One original application form completed by the applicant. If the developer is other than the landowner, the landowner's authorization of the developer to apply and nature of the developer's interest in the site shall accompany application.
B. 
Fourteen copies of the application form, provided by the Township and completed by the applicant.
[Amended by Ord. No. 483, 7/13/2021]
C. 
Three paper copies of the architectural renderings of all existing and proposed buildings and building additions, showing all sides of the building. In addition, all renderings shall be submitted electronically as .bmp, .jpeg, or .png files on a CD-ROM or flash drive. This requirement may be waived by the Township for existing buildings when it is demonstrated that no exterior changes to the building are proposed or when determined unnecessary by the Township.
D. 
Fifteen copies of a conditional use site plan meeting the requirements for a preliminary plan for land development as set forth in the SALDO[2] and, in addition, demonstrating conformity with all requirements of this chapter.
[Amended by Ord. No. 483, 7/13/2021]
[2]
Editor's Note: See Ch. 22, Subdivision and Land Development.
E. 
Three copies of an environmental impact assessment for land developments of 5,000 square feet of gross floor area of buildings or more.
F. 
Application fee and review fees established by ordinance or resolution of the Board of Supervisors to cover the cost of review.
5. 
Determination of Acceptance/Rejection as Incomplete. Within seven working days after a conditional use application is submitted, the Township shall certify the conditional use application as substantially complete and accepted or incomplete and rejected. Within said time, the Township shall notify the applicant in writing if the conditional use application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.
6. 
Approval of Conditional Uses.
A. 
The Board of Supervisors shall hear and decide requests for conditional uses within 45 days after the last hearing before the Board of Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefore. Conclusions based on any provisions of this or any other ordinance contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
B. 
Where the Board of Supervisors fails to render the decision within the period required by this subsection or fail to commence, conduct, or complete the required hearing as provided in Section 908(1.2) of the MPC, 53 P.S. § 10908(1.2), within 60 days from the date of the applicant's request for a hearing or fails to complete the hearing no later than 100 days after the completion of the applicant's case-in-chief, unless extended for good cause upon application to the Allegheny County Court of Common Pleas, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of failure of the Board of Supervisors to meet or render a decision as hereinabove provided, the Board of Supervisors shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.
C. 
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
D. 
Given the requirements of Subsections 6A through C above, the Board of Supervisors shall not evaluate a conditional use application unless and until:
(1) 
A written application for conditional use approval is submitted to the Zoning Officer no less than four weeks or 28 days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The Director of Community Development shall determine the completeness of the application and either accept the applications complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice which cites the specific requirements of this chapter which have not been met shall be sent to the applicant. The application shall include the following:
(a) 
A development plan, as defined herein.
(b) 
A written statement showing compliance with the applicable express standards and criteria of this Part 6 for the proposed use.
(c) 
A map showing and identifying all lots within 200 feet of the lot for which conditional use approval is requested and a list of the names and addresses of the owners of these lots from the most recent records of the Allegheny County Tax Assessors Office.
(d) 
A traffic impact analysis, if required by the SALDO[3] or by the requirements of this Part 6.
[3]
Editor's Note: See Ch. 22, Subdivision and Land Development.
(e) 
The application fee required by the Township's Fee Schedule.
(2) 
A written recommendation is received from the Planning Commission or 30 days has passed from the date of Planning Commission meeting at which the application is first considered for approval.
(3) 
A public hearing is held by the Board of Supervisors pursuant to public notice.
(4) 
In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the MPC and this chapter.
7. 
Expiration of Conditional Use Approval. Conditional use approval shall expire automatically without written notice to the applicant if no application for a grading permit, building permit, or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Supervisors, in their sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be between one month to 12 months extension. Extensions are granted by the Board of Supervisors as an administrative procedure and are approved by a motion at one of the Board's regularly scheduled public meetings.
8. 
Expiration of Conditional Use Approval Granted Prior to Effective Date of This Chapter. Conditional use approval granted prior to the effective date of this chapter shall expire automatically without written notice to the applicant if no application for a grading permit, building permit, or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Board of Supervisors, in their sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be between one month to 12 months extension. Extensions are granted by the Board of Supervisors as an administrative procedure and are approved by a motion at one of the Board's regularly scheduled public meetings.
9. 
Modifications. The Board of Supervisors shall consider proposed modifications in any of the requirements of this chapter for each zoning district, contained in an application for development for a conditional use will make for a more efficient, attractive, and harmonious conditional use. If such modifications, in the judgment of the Board of Supervisors, constitute a more beneficial use of the site than provided for under the requirements of the zoning district in which the site of the conditional use is located, the Board of Supervisors in their sole discretion may grant the modifications for less strict requirements; however, no modification shall be granted for the following:
A. 
Authorized uses shall be limited to those specified as authorized uses or conditional uses in the zoning district in which the site is located.
B. 
No modification shall be granted for any construction, development, use, or activity within any floodway area as identified by the Township's Floodplain Management Ordinance,[4] that would cause any increase in the 100-year flood elevation.
[4]
Editor's Note: See Ch. 8, Floodplain Management.
C. 
Under no circumstances shall a modification be granted to the prohibition of uses or activities in floodplain areas as set forth in the Township's Floodplain Management Ordinance.
D. 
Whenever a modification is granted to construct a structure below the 100-year flood elevation, the Township shall notify the developer in writing that:
(1) 
The granting of the modification will result in increased premium rates for flood insurance.
(2) 
Such modification increases the risk to life and property.
E. 
All provisions of the Township's SALDO,[5] which are not specifically modified by the Board of Supervisors in approving a conditional use shall apply to any conditional use involving subdivision and land development.
[5]
Editor's Note: See Ch. 22, Subdivision and Land Development.
F. 
Requests in Writing. All requests for modifications or waivers shall be in writing and shall accompany and be part of the application for development. The requests shall state in full the grounds and facts of hardship or evidence of equal or better result on which the request is based, the provision or provisions of the chapter involved, and the minimum modification necessary.
[Ord. No. 477, 5/11/2021]
Before approving a conditional use application, the Board of Supervisors shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located, and that it will not substantially impair the use or development of adjacent properties. The Board of Supervisors shall use the following general standards, among other things, in its evaluation. These standards shall be in addition to any other requirements in this chapter for a specific type of use or development:
1. 
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the ZHB, and with other applicable Township, county, commonwealth, and federal ordinances, laws, and regulations. The proposed use shall obtain applicable permits, licenses, and approvals from the Township, Allegheny County, Pennsylvania, and federal agencies before final approval of the conditional use application shall be granted.
2. 
The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air quality, water quality, noise, illumination, and glare, restrictions to natural light and air circulation, or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.
3. 
The proposed site for the conditional use is suitable in terms of topography and soil conditions and size, based on number of projected users and the frequency of use of the proposed use.
4. 
The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.
5. 
The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, storm drainage, solid and toxic waste storage and disposal.
6. 
The proposed use provides screening or buffer areas as required by this chapter.
7. 
The proposed use/development conforms to the scale, character, and exterior appearance of existing structures and uses in the neighborhood in which it is located.
[Ord. No. 477, 5/11/2021]
In addition to the general standards and criteria for conditional uses listed in § 27-602, above, an application for any of the following uses which are listed in any zoning district as a conditional use shall comply with the following applicable standards and criteria.
[Ord. No. 477, 5/11/2021]
An accessory dwelling unit shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot size required for a principal dwelling to have an accessory dwelling unit shall be 20,000 square feet.
2. 
The living area of the accessory dwelling unit shall not exceed 25% of the principal dwelling's total floor area.
3. 
A plot plan or survey showing all existing principal and accessory structures as well as the proposed accessory dwelling unit shall be provided by the applicant to confirm the lot is in compliance with the maximum lot coverage requirement of the zoning district in which the property is located.
4. 
Accessory dwelling units are only permitted in conjunction with owner-occupied properties when the owner occupies one of the dwellings on the lot.
5. 
Only one accessory dwelling unit is permitted on a lot.
6. 
Accessory dwelling units shall meet all setback, bulk, and area requirements of the principal use of the lot.
7. 
Accessory dwellings shall be located a minimum of eight feet from the principal structure.
8. 
The minimum number of required parking spaces for an accessory dwelling unit shall be added to the minimum number of required parking spaces for the principal use (see Table 12).
9. 
The accessory dwelling unit may be an apartment above a detached garage, a manufactured home with a foundation or crawl space, or a tiny house with screening so as to look permanent in nature.
[Ord. No. 477, 5/11/2021]
Adaptive reuse shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Structures determined to meet the criteria for adaptive reuse may be reused for the following purposes by conditional use:
A. 
Single-family dwellings;
B. 
Multifamily dwellings;
C. 
Financial institutions;
D. 
Clubs or lodges, provided there are no sales of alcohol on the premises;
E. 
Day care facilities of all types;
F. 
Nursing homes;
G. 
Hospitals and medical clinics for humans;
H. 
Community centers; and
I. 
Other such uses as determined appropriate upon the recommendation of the Planning Commission and approval of the Board of Supervisors.
2. 
Standards for Exterior Alterations. It shall be a condition of this adaptive reuse that all exterior alterations shall meet standards for historic preservation if the property contains an historic structure as defined by this chapter. Properties not required to meet the standards for historic preservation shall make exterior alterations generally consistent with the original structure's architecture and the neighborhood in which it is located.
3. 
Parking shall meet the requirements of Part 9 based on the permitted reuses.
[Ord. No. 477, 5/11/2021]
An adult-oriented business shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
An adult-oriented business shall only be established and operated in the Heavy Industrial District.
2. 
Adult businesses shall not be located within 1,000 feet of any lot that is zoned residential.
3. 
Adult-oriented businesses shall not be located within 500 feet of the lot boundary of any existing school, day-care center, hospital, group care facility, personal care boarding home, group home, public park or playground, place of worship, or an establishment which is licensed to serve and/or sell alcoholic beverages.
4. 
No adult business shall be located within 500 feet of any other existing or proposed adult-oriented business.
5. 
Persons or owners who intend to operate an adult-oriented business shall obtain from the Township a license to operate such an enterprise pursuant to Chapter 13, Part 6, of the Township Code of Ordinances, as amended, and shall pay to the Township an investigation fee as may be set from time to time by resolution of the Board of Supervisors. In addition, such persons or owners shall supply to the Township detailed information regarding the ownership and financing of the proposed business as required on the licensing application as required by Chapter 13, Part 6 of the Township Code of Ordinances, as amended. Applications for licensing can be obtained at the Township Planning Department and shall be filed with the Zoning Officer.
6. 
An adult business shall be initially licensed when it has met the requirements set forth in this chapter and Chapter 13, Part 6 of the Township Code of Ordinances, as amended. The license shall be valid through December 31 of the year in which the license is initially issued. For each year thereafter that the business intends to continue, the owner or operator shall seek an annual renewal of the license. The application for renewal shall be submitted to the Zoning Officer by November 1 of the year proceeding the year for which the license renewal is sought. The lack of a license or failure to renew such license in a timely fashion shall be grounds for the Township to deny or revoke an occupancy permit for an adult business.
[Ord. No. 477, 5/11/2021]
An airport shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot size shall be 20 acres.
2. 
Additional setbacks of 500 feet are required for side and rear yards.
3. 
Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.
4. 
A traffic report shall be submitted with the application for development which identifies traffic control measures within the site and at the points of ingress and egress warranted at peak usage of the facility. The traffic report shall be reviewed and approved by the Township Traffic Engineer.
5. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
6. 
The site shall be serviced by public water and sewer systems.
7. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
8. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
9. 
Bufferyard A shall be required, as defined in § 27-306 of this chapter.
[Ord. No. 477, 5/11/2021]
An airport control tower shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The height of the airport control tower shall not exceed the recommended height as approved by the FAA.
2. 
The required minimum lot size shall be five acres.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
4. 
Bufferyard A shall be required, as defined in § 27-306 of this chapter.
[Ord. No. 477, 5/11/2021]
An ambulance station shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Ingress and egress to and from an ambulance station shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles existing the property.
2. 
Ambulance stations shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
[Ord. No. 477, 5/11/2021]
An amphitheater shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
2. 
The primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
3. 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
4. 
The scale, massing, and building design shall be compatible with the surrounding neighborhood.
5. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
6. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
7. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
An amusement arcade shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Noise levels from amusement devices within an amusement arcade shall not exceed 50 dBa, measured along the property boundary of the amusement arcade.
2. 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
[Ord. No. 477, 5/11/2021]
An amusement park shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.
2. 
A traffic report shall be submitted with the application for development which identifies traffic control measures within the site and at the points of ingress and egress warranted at peak usage of the facility. The traffic study shall be reviewed and approved by the Township Traffic Engineer.
3. 
No direct beams or rays of light from exterior lighting fixtures, signs, or vehicles maneuvering on the development site shall be permitted to shine into the private living areas and associated open spaces of adjacent residential properties.
4. 
Access for the development site shall be provided from nonresidential streets and shall not require the use of any residential collector or residential local streets.
5. 
Noise levels from amusement devices within an amusement park shall not exceed 50 dBa, measured along the property boundary of the amusement park.
6. 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
[Ord. No. 477, 5/11/2021]
An animal day care shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
No residential use may be established on land designated for use as an animal day care facility.
2. 
The applicant and/or the owner/operator must hold all current and applicable state and local licenses and permits (including but not limited to those relating to maximum capacity, minimum space per animal, enclosure/cage specifications, and noise and odor controls).
3. 
The applicant shall provide a manure management plan to show that adequate provisions are being implemented to collect, store, and dispose of the animal waste associated with the proposed facility. The containers to be used in the process shall be kept covered and shall be cleaned on a regular basis to avoid the potential for detectable odors.
4. 
All animal waste shall be properly stored and disposed of, so as not to be objectionable at the site's property line.
5. 
Any exterior fenced in area wherein animals exercise or are otherwise exposed must be located a minimum of 50 feet from any adjoining lot line.
6. 
The perimeter of any outdoor runs or exercise areas must be fenced in with weatherproof material, a minimum of six feet in height, and accessible only through a self-latching gate or a manual latch with a locking pin.
7. 
The portion of the building or structure used to house animals (including any portions that are below grade) shall be equipped with code-approved, nontoxic noise dampening material or acoustic tile to minimize noise impact on adjacent uses or properties.
[Ord. No. 477, 5/11/2021]
An animal grooming facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The applicant shall provide a manure management plan to show that adequate provisions are being implemented to collect, store, and dispose of the animal waste associated with the proposed facility. The containers to be used in the process shall be kept covered and shall be cleaned on a regular basis to avoid the potential for detectable odors.
2. 
All animal waste shall be properly stored and disposed of, so as not to be objectionable at the site's property line.
[Ord. No. 477, 5/11/2021]
Animal hospital and veterinarian services shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The applicant shall provide a manure management plan to show that adequate provisions are being implemented to collect, store, and dispose of the animal waste associated with the proposed facility. The containers to be used in the process shall be kept covered and shall be cleaned on a regular basis to avoid the potential for detectable odors.
2. 
All animal waste shall be properly stored and disposed of, so as not to be objectionable at the site's property line.
[Ord. No. 477, 5/11/2021]
An aquarium/zoo shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot size shall be 10 acres.
2. 
The minimum side setback shall be 100 feet, the minimum rear setback shall be 150 feet, and the minimum front setback shall be 50 feet.
3. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
4. 
Dropoff areas may be located in the front yard but shall maintain character and appearance consistent with the area.
5. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.
6. 
Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.
7. 
All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.
8. 
The scale, massing, and building design shall be compatible with the surrounding neighborhood.
[Ord. No. 477, 5/11/2021]
An asphalt/concrete plant shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
If materials are to be stored, they shall be screened sufficiently from adjacent properties and the public ROW.
2. 
All batch plants (permanent or temporary) shall have an effective dust collection system approved by the Township.
3. 
The Board of Supervisors requires the use of wheel washers or another means of cleaning trucks/vehicles before entering public streets.
4. 
Batch plants shall have an approved sediment pond before washout water is discharged into any waterway.
5. 
The Board of Supervisors may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the district or adjacent parcels.
6. 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.
[Ord. No. 477, 5/11/2021]
An auditorium shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
2. 
The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
3. 
For parking demands greater than 300 automobiles, additional setbacks, screening, and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light, and other disturbances.
4. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
5. 
The site shall be serviced by public water and sewer systems.
6. 
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by employees, visitors, and guests.
7. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
8. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A bank/financial institution shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
2. 
Bufferyards shall be provided and maintained along the front, rear, and side yards in accordance with Bufferyard B, as defined in § 27-306 of this chapter.
3. 
Paved off-street stacking spaces shall be arranged in an orderly fashion so as to not cause blockage of any means of ingress or egress and to ensure that the traffic flow on public ROWs is not endangered in any way. A separate means of ingress shall be established and clearly marked as shall a separate means of egress from the bank.
4. 
A bank/financial institution with a drive-through must also meet the criteria for "drive through facilities" as defined in this Part 6.
[Ord. No. 477, 5/11/2021]
A bed-and-breakfast inn shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The operator of the bed-and-breakfast must be the owner of the business and shall reside on the premises.
2. 
Meals shall only be served to overnight guests of the bed-and-breakfast.
3. 
Guests shall be limited to a maximum length of stay of 14 consecutive days in any thirty-day period.
4. 
No more than five guest sleeping rooms shall be available and/or utilized at any one time for the transient guests. Each guest room may provide lodging for up to two individuals, unless children under the age of 16 years are accompanying the guest. In no instance shall the total number of guests in the bed-and-breakfast exceed fourteen people.
5. 
No part of the facility shall be rented for social or business functions.
6. 
There shall be only one lodging house located on the lot.
7. 
The lot shall meet all area and bulk regulations of the district in which it is located.
8. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of Part 8 of this chapter.
9. 
Bufferyard B, as defined by § 27-306 of this chapter, shall be provided.
10. 
Not more than one identification sign shall be permitted. The identification sign must conform to Part 10 of this chapter.
11. 
All required parking spaces shall be provided on the lot and shall not be located in the front yard. There shall be one space provided for each room and one space provided for each permanent resident.
12. 
The driveway entrance and all parking areas shall be constructed of well-compacted stone or better and approved by the Township Engineer.
13. 
The conditional use of a bed-and-breakfast expressly excludes alternative housing for criminal offenders, drug or alcohol rehabilitation, halfway house, and similar uses.
[Ord. No. 477, 5/11/2021]
Billboards shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Location.
A. 
Billboards shall not be erected within 500 feet of the boundary line of any residential zoning district or within 500 feet of any public or private school, place of worship, or cemetery, said 500 feet being measured along the radius of a circle from the center-most point of the billboard structure extending in all directions.
B. 
On limited access highways, billboards shall not be erected within 500 feet of an interchange.
C. 
Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structures of 1,000 feet. Required spacing shall be measured along both sides of the same roadway frontage from the center-most point of the billboard structure along a line extending from the center-most point of the billboard that is parallel to the center line of the roadway to which the billboard is oriented.
D. 
The minimum front, side, and rear yard requirements applying to a principal structure as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure.
E. 
No billboard shall be erected in such a manner as to block the view from the road or street, of any existing business identification sign, residential or nonresidential structure, or limit or reduce the light and ventilation requirements under the Township Building Code (Chapter 5, Code Enforcement).
F. 
No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.
G. 
No sign shall be erected over any sidewalk or public ROW.
H. 
Billboards shall not be part of a roof or wall nor shall they be mounted on the roof, wall, or other part of a building or any other structure.
2. 
Size and Height. A billboard shall have a maximum allowable gross surface area of 300 square feet per sign face. This gross surface area shall be permitted, provided all of the following additional requirements are met:
A. 
A billboard shall have no more than two sign faces per billboard structure which may be placed back to back or in a V-shaped configuration having an interior angle of 90° or less.
B. 
The dimensions of the gross surface area of the billboard's sign face shall not exceed 20 feet in total height or 25 feet in total length, provided the total allowable gross surface area for the sign face is not exceeded.
C. 
A billboard structure shall have a maximum height of 40 feet above the curb of the roadway from which it is intended to be viewed.
3. 
Construction Methods. Billboards shall be constructed in accordance with applicable provisions of the Township Building Code (Chapter 5, Code Enforcement) and shall meet all of the following additional requirements:
A. 
The entire base of the billboard structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or ornamental grasses of a minimum height of three feet. The shrubbery and/or ornamental grasses shall be placed in such manner as to screen the foundation of the structure.
4. 
Required landscaping, as defined in Part 3 of this chapter, shall be maintained by the billboard structure owner in an attractive and healthy manner in accordance with the Township's accepted best management and conservation practices.
A. 
No bare cuts shall be permitted on a hillside.
B. 
All cuts or fills shall be permanently seeded or planted.
5. 
Lighting. A billboard with display lighting shall be constructed so that it does not glare upon an adjoining lot and shall not exceed a maximum of one footcandle upon the adjoining lot.
A. 
Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time.
B. 
No display lighting shall cause distractions, confusion, nuisance, or hazard to traffic, aircraft, or other lots.
C. 
The use of colored lighting shall not be permitted.
D. 
Electronic digital displays shall be permitted and shall meet the following requirements:
(1) 
Such signs shall utilize LED displays;
(2) 
LED displays shall be one color: red, amber, or green;
(3) 
LED arrays shall be designed such that if a group of LEDs go out, the correct wording will continue to be legible;
(4) 
LED displays shall show static display only, flashing or moving is prohibited;
(5) 
LED light intensity shall be controlled automatically to dim or brighten in response to the changing ambient light conditions;
(6) 
Billboards shall be equipped with LED light intensity limit via manual control;
(7) 
LED displays shall have a maximum brightness of 4,000 nits at maximum brightness level; and
(8) 
LED displays shall not exceed 24 square feet in area.
6. 
Appearance. No billboard structure, sign face, or display lighting shall cause distractions, confusion, nuisance, or hazards to traffic, aircraft, or other lots.
A. 
No sign face image shall contain parts that move, scroll, flash, glitter, or emit noise.
B. 
A sign face that rotates to display two or three separate sign face images shall be permitted, provided that each image is displayed for at least 30 consecutive seconds every time it is shown.
C. 
A maximum of 75 square feet of a sign face may be used to display a changeable copy sign. Lettering and other images on the changeable copy sign shall be displayed for at least 30 consecutive seconds every time it is shown.
7. 
Maintenance.
A. 
A billboard structure shall be entirely painted every three years, unless constructed of an approved corrosive-resistant material.
B. 
Every 10 years, the owner of the billboard structure shall have a structural inspection made of the billboard by a registered engineer and shall provide to the Township a certificate from the engineer certifying that the billboard is structurally sound.
C. 
The Township reserves the right to perform annual inspections of the billboard to determine compliance with this chapter.
D. 
Billboards found to be in violation of this chapter shall be brought into compliance or removed within 30 days upon proper notification by the Township.
E. 
Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All loose paper and other waste materials shall be removed and disposed of properly within 14 days from when fraying begins.
8. 
Liability Insurance. In submitting a sign permit application to erect a billboard, the applicant shall provide a certificate of insurance for public liability and lot damage which holds the Township harmless. The amount of insurance to be maintained shall be determined and adjusted from time to time by resolution of the Board of Supervisors. The insurance certificate shall contain a clause stating that the insurance shall not be cancelled or reduced without first giving 10 days' notice to the Township.
9. 
Permits.
A. 
Prior to submission of an application for a sign permit, the applicant for a billboard shall obtain and submit with the application, approvals from the County of Allegheny, the FAA, and/or PennDOT, when applicable.
B. 
Approval of the conditional use shall be valid for six months from the date of action by the Board of Supervisors granting the conditional use. If the applicant fails to obtain a sign permit for the approved billboard within the six-month period, approval of the conditional use shall expire automatically, without written notice to the applicant.
10. 
Application Fees. Said billboard application shall be accompanied by an application fee in an amount equal to that set from time to time by resolution of the Board of Supervisors.
11. 
Nonconforming Billboards.
A. 
Any billboard that does not conform to all the requirements of this section shall not be enlarged or moved.
B. 
Any billboard that is damaged or destroyed by more than 51% of its replacement value at the time of damage or destruction shall be reconstructed only in compliance with all provisions of this section.
[Ord. No. 477, 5/11/2021]
A boarding house shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Public ingress and egress to the boarding house shall be through one common exterior entrance. Ingress and egress for boarders shall be through common exterior entrances.
2. 
Entry access to all boarding sleeping rooms shall be through the interior of the building. No exit doors from individual boarding sleeping rooms shall lead directly to the exterior of the building.
3. 
All required parking shall be located in the rear yard of the lot and screened from surrounding parcels.
[Ord. No. 477, 5/11/2021; as amended by Ord. No. 513, 11/14/2023]
A brewery shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
2. 
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. Noise levels are subject to the Township's Noise Ordinance as well as the PA Liquor Control Board's rules and regulations regarding live music.
3. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
4. 
The primary loading area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
5. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
6. 
No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.
7. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
8. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
9. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A public or private campground shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot area of a campground, whether public or private, shall be 20 acres.
2. 
All campgrounds shall have direct vehicular access to an arterial or collector street.
3. 
All campsites shall be located at least 200 feet from any adjoining residence and at least 100 feet from any other lot line or public ROW as defined by this chapter.
4. 
All campsites shall have a suitable source of potable water and sanitary sewer disposal as determined by the Township Engineer.
5. 
No campground shall contain more than 200 individual campsites.
6. 
Side and rear bufferyards shall each be a minimum of 25 feet in width and shall be planted with a combination of deciduous and evergreen trees, shrubs, ornamental grasses, and ground covers. Grass, sod, lawn, or turf shall not be considered an acceptable plant for use within landscaped bufferyards.
7. 
The owner(s) and operator(s) of the campground shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
8. 
The campground hours for visitors shall be limited to between 8:00 a.m. and 10:00 p.m. No deliveries or operations shall be permitted prior to 6:00 a.m. or after 9:00 p.m. Outdoor entertainment or related activities shall be limited to between 8:00 a.m. and 9:00 p.m.
9. 
All outdoor storage areas, loading areas, and dumpsters or waste collection areas shall be screened. Screens shall be a minimum of eight feet in height and shall be constructed as fences or walls with a minimum height of eight feet and a minimum opacity of 80%.
10. 
Visitor parking shall be provided at one space for every three camping sites.
11. 
The Board of Supervisors may impose restrictions upon access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact on the functioning of the zoning district or adjacent parcels.
[Ord. No. 477, 5/11/2021]
A car wash shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
2. 
The definition of a car wash does not include a one-bay washing facility in a service station where washing facilities are purely incidental to the operation.
3. 
A car wash shall provide a minimum of five stacking spaces per washing bay.
4. 
Paved off-street stacking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to ensure that the traffic flow on a public ROW is not endangered in any way. A separate means of ingress shall be established and clearly marked, as shall be a separate means of egress from the car wash. It shall be the responsibility of the owner to avoid any congestion in the public ROW by directing traffic away from the facility by posting a "temporarily closed" sign or other means of notification. Traffic studies and associated improvements may be required by the Township as a condition of approval.
5. 
The car wash shall have direct access to an arterial or collector road as defined by this chapter or shall have a point of ingress/egress from a public or private street within the lot of a shopping center. The road shall have sufficient capacity to handle traffic generated by the facility.
6. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of Part 8 of this chapter.
7. 
All equipment related to the operation of the car wash shall be properly screened to minimize nuisances to adjoining lots.
8. 
A car wash that adjoins an existing nonresidential lot shall provide Bufferyard B. The bufferyard shall be planted within a combination of deciduous and evergreen trees, shrubs, ornamental grasses, or ground covers as defined by § 27-306 of this chapter. Grass, sod, or turf shall not be considered an acceptable plant for use within landscaped bufferyards.
[Ord. No. 477, 5/11/2021]
Care facilities and senior housing shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Lot Size. Care facilities and senior housing must be located on a minimum of 10 acres.
2. 
When located in a residential zoning district, all care facilities or senior housing must comply with the density of development limits of the underlying district.
3. 
When located in a nonresidential zoning district, all care facilities or senior housing must comply with the density of development limits of the underlying district.
4. 
The facility shall be duly licensed by the commonwealth and shall operate in accordance with the regulations of the licensing agency.
5. 
The facility shall provide on-site all required off-street parking and loading spaces.
6. 
The facility shall be serviced by public water and public sewer systems.
7. 
The facility shall have its principal traffic access from a public street with sufficient capacity to handle the traffic generated by the use. A traffic study shall be required in accordance with the SALDO[1] provisions.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
8. 
Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.
9. 
The parking and circulation plan shall be referred to the appropriate Fire Department for comments regarding traffic safety and emergency access.
10. 
Ambulance, delivery, and service areas shall be obscured from the view of adjacent residential properties by fencing, screening, or planting as approved by the Township.
11. 
The developer must record a covenant that runs in perpetuity that prohibits the property from being used for any other purposes than senior housing. Proof of said recording must be provided to the Township prior to issuance of any permits for the development.
[Ord. No. 477, 5/11/2021]
A catering/event venue shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
2. 
The site shall have direct vehicular access from an arterial or collector street.
3. 
The primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
4. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
5. 
The scale, massing, and building design shall be compatible with the surrounding neighborhood.
6. 
No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.
7. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
8. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
9. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Added by Ord. No. 513, 11/14/2023]
Catering (kitchen/food preparation only) shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
2. 
The primary loading area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
3. 
No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.
4. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
5. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
6. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A cemetery or mausoleum shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Expansion and/or establishment of cemeteries must be in conjunction with and adjacent to existing cemeteries or religious facilities.
2. 
Adequately funded programs and provisions which meet the approval of the Township Solicitor shall be provided to guarantee perpetual care of all cemetery grounds. This provision shall apply to existing cemeteries for which expansions are proposed.
3. 
All garages, equipment shelters, offices, and similar structures shall be screened from adjacent streets and residential properties by appropriate planting or fences approved by the Board of Supervisors on the basis of design, aesthetic quality, and general adequacy.
4. 
All equipment shall be properly stored when not in use.
[Ord. No. 477, 5/11/2021]
A club or lodge shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
2. 
Clubs or lodges shall not be closer than 600 feet to another similar existing use.
3. 
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. The Board of Supervisors may attach other such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.
[Ord. No. 477, 5/11/2021]
A college or university shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot size shall be five acres.
2. 
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
3. 
Bufferyards shall be provided and maintained along the front, rear, and side yards in accordance with Bufferyard B as defined in § 27-306.
4. 
A college or university shall have frontage on and direct vehicular access to an arterial or collector street. A college/university shall have a maximum of one vehicular access point to an arterial or collector street per 1,000 feet of street frontage.
5. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
6. 
Outdoor storage shall be limited to specifically delineated areas that are approved as part of the conditional use approval.
7. 
For parking demands greater than 300 automobiles, additional setbacks, screening, and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light, and other disturbances.
8. 
Loading areas shall not be visible from the primary entrance to the development or from neighboring residential properties.
9. 
A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.
10. 
The site shall be serviced by public water and public sewer systems.
11. 
The owner and operator of the college/university shall be responsible for the conduct and safety of the students, employees, visitors, faculty, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by students, employees, visitors, faculty, and guests.
[Ord. No. 477, 5/11/2021]
A community center shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The community center building shall be located within 100 feet of the property boundary of the principal use location of the organization that runs the community center.
2. 
The community center structure(s) shall not exceed 3,000 square feet.
3. 
No noise, music, or other outdoor activity shall be conducted between the hours of 11:00 p.m. and 8:00 a.m.
[Ord. No. 477, 5/11/2021]
A construction related business shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
All supplies and equipment shall be stored within a completely enclosed building.
2. 
Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require an approval of a supply yard as an accessory use.
3. 
Exterior storage of building materials and/or equipment associated with the permitted principal use shall require an approval of a storage yard as an accessory use.
4. 
The use shall be accessed directly from an arterial or collector street.
[Ord. No. 477, 5/11/2021]
A convenience store shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
2. 
Building and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
3. 
Buffering of parking and loading areas shall be provided as defined by § 27-306 of this chapter.
4. 
A convenience store shall have one point of ingress/egress to an arterial road as defined by this chapter.
5. 
A convenience store located within a Mixed-Use District shall not exceed a total of 3,000 square feet in gross floor area.
6. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
7. 
A traffic impact study shall be required to be submitted where the proposed development, according to the Institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadways' peak hour volumes. A description of future levels of service (LOS) and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
[Ord. No. 477, 5/11/2021]
A correctional facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
All applicable county, state, and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the conditional use application.
2. 
Lighting shall be required throughout the property for safety purposes. Such lighting shall be oriented away from adjacent properties and shall not exceed two footcandles of illumination at the property boundary line.
3. 
All structures shall be a minimum of 150 feet from all property lines.
4. 
Access shall be from the collector street only.
5. 
An evacuation plan shall be submitted for review and approval by the Board of Supervisors and/or Township Emergency Management Coordinator.
[Ord. No. 477, 5/11/2021]
A day care, adult, shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The facility shall be registered with or licensed by the Commonwealth. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning occupancy permit for the use.
2. 
There shall be provided an adequate area for safe dropoff and pickup. Areas for dropoff and pickup shall be safe for vehicle traffic and typically be separated from normal vehicle traffic and shall not cause traffic congestion or unsafe traffic circulation either on site or on the adjacent public streets.
3. 
These provisions do not apply to home-based day cares which are classified as an accessory use.
[Ord. No. 477, 5/11/2021]
A day care, child, shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The facility shall be licensed as such by the Commonwealth of Pennsylvania. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning occupancy permit for the use.
2. 
Ingress and egress to the site shall be designed to ensure the safe dropping off and pickup of children. All dropoff locations shall be designed so as to not interfere with the free flow of traffic on adjacent streets.
3. 
Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and shall be secured by a fence, at least four feet in height, with a self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.
4. 
Interior space shall be provided as per the regulations of the Pennsylvania Department of Welfare. In addition, other lot and area requirements within the zoning district in which the day care is proposed shall apply.
5. 
Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength by the Township may be required along the lot's perimeter for the protection of those using the day care.
6. 
Outdoor play areas that adjoin residential lots shall be screened by Bufferyard D as defined by § 27-306 of this chapter.
7. 
Off-street parking shall be provided in accordance with the requirements of Part 9 of this chapter.
[Ord. No. 477, 5/11/2021]
A day care home shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Exterior open space shall be provided, being usable and accessible only for the children at a minimum ratio of 65 square feet per child. Interior space shall be provided as per the regulations of the Pennsylvania Department of Welfare. In addition, other lot and area requirements within the zoning district in which the day care is proposed shall apply.
2. 
Off-street parking spaces required for day care homes shall be one for each 300 square feet of gross floor area with a minimum of four spaces.
3. 
Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength by the Township may be required along the lot's perimeter for the protection of those using the day care home.
4. 
All dropoff locations shall not interfere with the free flow of traffic on adjacent streets.
[Ord. No. 477, 5/11/2021; as amended by Ord. No. 513, 11/14/2023]
A distillery shall be a permitted conditional use subject to the following express standards and criteria:
1. 
Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
2. 
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. Noise levels are subject to the Township's Noise Ordinance as well as the PA Liquor Control Board's rules and regulations regarding live music.
3. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
4. 
The primary loading area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
5. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
6. 
No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.
7. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
8. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
9. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A dormitory shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Residents shall be limited to students enrolled at the sponsoring associated institution.
2. 
The service of meals, if provided, shall be limited to faculty, staff, enrolled students, and authorized visitors only.
3. 
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.
4. 
A twenty-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures. The fire/emergency access route shall be constructed, at a minimum, of stabilized turf grass.
5. 
Means of building ingress and egress shall meet requirements as outlined in the Township Building Code (Chapter 5, Code Enforcement).
6. 
The primary entrance to the dormitory shall be from a private street within the campus of the associated institution.
[Ord. No. 477, 5/11/2021]
A drive-through facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Each window, bay, or area designed for drive-through service shall provide five reservoir vehicle stacking spaces per window, bay, or area; such space shall not encroach into any other required aisles or spaces.
2. 
Drive-through lanes shall be located to the rear of buildings unless the Board of Supervisors determines that drive-through lanes located on the side of the building will have less impact on adjacent uses and vehicular and pedestrian circulation and safety.
3. 
The drive-through shall be screened from view by landscaping, grading treatments, architectural features, or a combination of the above.
4. 
A drive-through shall be located so that it does not conflict with pedestrian or vehicular movement.
5. 
Drive-through lanes shall be distinctly marked by traffic islands at a minimum of five feet in width. A separate circulation drive shall be provided for passage around and escape from the outermost drive-through service lane. The Board of Supervisors may consider alternative designs when it is demonstrated that the drive-through is screened from view and that traffic and pedestrian circulation is improved.
6. 
A drive-through shall have no more than two service lanes and a passage around and escape from the outermost drive-through service lane, except that a financial institution may have a maximum of three service lanes.
7. 
A traffic study shall be required and shall be reviewed and approved by the Township Traffic Engineer.
[Ord. No. 477, 5/11/2021]
1. 
Apartment, Garden. A garden apartment shall be a permitted conditional use subject to the following express minimum standards and criteria:
A. 
Parking spaces shall be located no more than 300 feet from the apartment's primary entrance.
B. 
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.
C. 
The means of a building's ingress and egress shall meet requirements as outlined in the Township's Building Code.
D. 
A twenty-four-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
E. 
The maximum number of units per building shall not exceed 24 units in the MU and B-1 Districts.
F. 
All dumpsters and/or waste collection areas shall be located at least 50 feet from nearest residential unit and shall be enclosed by solid masonry screen walls on a minimum of three sides.
G. 
The primary vehicular entrance to a garden apartment development shall, at a minimum, have direct access to a collector road.
H. 
Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.
I. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
J. 
Bufferyards between a garden apartment development and any other adjacent residential lot shall be increased by 10 feet in addition to the Township's required bufferyard width. Landscaping, within this additional width, shall be provided according to spacing, quantity, and type of plants specified by the Planning Commission.
K. 
Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical ratio.
L. 
If the parking area for a garden apartment development is adjacent to a single-family residential lot and demands greater than 10 automobiles, the following shall apply:
(1) 
An additional ten-foot bufferyard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light, and other disturbances on adjacent residential lots:
(a) 
One-and-one-half times the required number of plants for screening and buffering off-street parking and loading areas.
(b) 
A mound, a minimum of 3.5 feet in height at its peak shall be constructed whereas the sides do not exceed a four-foot horizontal to one foot vertical change in elevation. The mound shall be landscaped in its entirely with plants that provide four seasons of interest but shall not include turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.
2. 
Apartment, High-Rise. A high-rise apartment shall be a permitted conditional use subject to the following express minimum standards and criteria:
A. 
Parking spaces shall be located no more than 300 feet from the high-rise apartment's primary entrance.
B. 
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.
C. 
The means of a building's ingress and egress shall meet requirements as outlined in the Township's Building Code.
D. 
A twenty-four-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
E. 
All dumpsters and/or waste collection areas shall be located on the interior of the high-rise apartment structure.
F. 
The primary vehicular entrance to a high-rise apartment development shall, at a minimum, have direct access to a collector road.
G. 
Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.
H. 
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
I. 
Bufferyards between apartment development and any other adjacent residential lot shall be increased by 10 feet in addition to the Township's required bufferyard width. Landscaping, within this additional width, shall be provided according to spacing, quantity and type of plants specified by the Planning Commission.
J. 
Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical ratio.
K. 
If the parking area for a high-rise apartment development is adjacent to a single-family residential lot and demands greater than 10 automobiles, the following shall apply:
(1) 
An additional ten-foot bufferyard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light, and other disturbances on adjacent residential lots.
(2) 
One-and-one-half times the required number of plants for screening and buffering off-street parking and loading areas.
(3) 
A mound, a minimum of 3.5 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical change in elevation. The mound shall be landscaped in its entirety with plants that provide four seasons of interest, not including turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.
3. 
Conversion Dwelling Units. A conversion dwelling unit shall be a permitted conditional use subject to the following express minimum standards and criteria:
A. 
Each dwelling unit shall contain a minimum of 800 square feet of gross floor area.
B. 
Each dwelling unit shall have separate living, sleeping, kitchen, and sanitary facilities.
C. 
The proposed conversion dwelling shall meet the minimum lot and area requirements for similar dwelling types authorized within the district in which it is located.
D. 
Each dwelling unit shall have a separate entrance, either directly from the outside or from a common corridor inside the structure.
E. 
Conversion of detached garages or other accessory structures to dwelling units shall not be considered conversion dwellings and shall not be permitted.
F. 
The paving and design of the off-street parking spaces shall be in compliance with the requirements of Part 9. Off-street parking areas for more than three vehicles shall be screened.
G. 
Conversion dwellings shall provide continuity in architectural design and shall incorporate any proposed construction into the existing structural features.
4. 
Multifamily Dwelling. A multifamily dwelling shall be a permitted conditional use subject to the following express minimum standards and criteria:
A. 
The site shall have direct vehicular access from an arterial or collector street.
B. 
Groupings of multifamily structures shall be situated no closer than 30 feet to one another or the separation required by the Township's Building Code, whichever is greater.
5. 
Quadruplex. A quadruplex shall be a permitted conditional use subject to the following express minimum standards and criteria:
A. 
The minimum lot size shall be 4,000 square feet per unit.
B. 
The maximum site density shall be 10 units per acre.
C. 
All quadruplex dwellings shall be connected to public water and sewer systems.
D. 
The site must possess direct access to an arterial or collector street.
6. 
Single-Family Dwellings. A single-family dwelling shall be a permitted conditional use subject to the following express minimum standards and criteria:
A. 
The minimum lot area of each lot on which a single-family dwelling is constructed in the B-1 District shall be 21,780 square feet, or half an acre.
B. 
All open space associated with the development of single-family dwellings within residential subdivisions or plans shall be accessible to the public. Open space areas on parcels that are not part of larger subdivision plans where only one single-family dwelling is to be built do not need to be accessible to the public.
7. 
Tiny House. A tiny house shall be a permitted conditional use subject to the following express minimums standards and criteria.
A. 
A tiny house as a principal use on a lot shall only be located in a manufactured home park.
B. 
A tiny house as an accessory use shall meet the standards and requirements for an "accessory dwelling unit" as outlined in this section.
8. 
Townhome. A townhome shall be a permitted conditional use subject to the following express minimum standards and criteria:
A. 
Parking spaces shall be located no more than 300 feet from the townhome's primary entrance.
B. 
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.
C. 
The primary vehicular entrance to the townhomes shall, at a minimum, have access to a collector road.
D. 
Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.
E. 
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
[Ord. No. 477, 5/11/2021]
An educational institution shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
2. 
For parking demands greater than 300 automobiles, additional setbacks, screening, and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light, and other disturbances.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
4. 
The site shall be serviced by public water and sewer systems.
5. 
The owner and operator of the facility shall be responsible for the conduct and safety of the students, employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by students, employees, visitors, and guests.
6. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
7. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A farmer's market shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
2. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
3. 
Vehicular and pedestrian access to the proposed use shall be designed and provided to maximize pedestrian and vehicle safety.
4. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A fire station shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Ingress and egress to and from a fire station shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.
2. 
Fire stations shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
3. 
Lighting shall be oriented away from adjacent properties so as to minimize light pollution onto adjacent properties.
[Ord. No. 477, 5/11/2021]
A fitness center shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
2. 
The scale, massing, and building design shall be compatible with the surrounding neighborhood.
3. 
No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.
4. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
5. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
6. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
7. 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
[Ord. No. 477, 5/11/2021]
A flea market shall be permitted as a conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot area shall be 10 acres.
2. 
The premises shall be maintained so as to not constitute a nuisance or a menace to public health and safety.
3. 
No garbage, organic waste, petroleum products, or hazardous waste shall be stored, buried, or disposed of on the premises.
4. 
No flammable, explosive, or hazardous materials shall be sold on the premises.
5. 
No exterior storage shall be permitted on site.
6. 
No exterior public address system shall be permitted.
7. 
Any material or object associated with a flea market shall not be stored outdoors for more than 48 hours in a seven-day period.
8. 
The premises shall be enclosed by a wall or fence on the interior edge of the required bufferyard. If fencing is erected, supplemental vegetative screening not less than six feet in height and located between the fence and lot line. The vegetative screening shall create a visual buffer that is 100% opaque.
9. 
Bufferyard A, as defined by Part 3 of this chapter, shall be incorporated between all property lines adjoining a nonindustrial use or zoning district. Bufferyard C shall be incorporated along property lines adjoining an industrial use or zoning district.
10. 
Persons or owners who intend to operate a flea market shall obtain a license to operate from the Township. Applications for licensing can be obtained at the Township Planning Department and shall be filed with the Zoning Officer. A traffic impact study shall be submitted as part of the application. A description of future LOS and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
11. 
To minimize traffic impacts on local Township roads, a flea market shall be located along and primarily accessible from an arterial road as defined by this chapter. All flea markets shall have clearly labeled access points with not less than one dedicated entrance and one dedicated exit from the arterial road. The spacing of all entrances and exits shall be separated by no less than 150 linear feet.
12. 
All business shall be conducted from individual booths. The placement of booths shall be arranged in a manner so that aisles of a minimum width of 25 feet between rows of booths are maintained in order to facilitate access for firefighting.
13. 
All flea markets shall contain an indoor facility for booth spaces. Outdoor booth spaces are permitted but shall not comprise more than 25% of the total booth spaces. Outdoor booth spaces are not permitted in any parking area that impacts the minimum number of required parking spaces.
14. 
If an existing business is not located on the site or the existing business is not open during the hours of operation of the flea market, sanitary facilities shall be provided for public use during the flea market hours of operation.
15. 
Auctions shall not be conducted as part of any flea market.
16. 
Seventy-five percent of all parking spaces that support flea market activity shall be paved to minimize risk of pedestrian injury.
17. 
To minimize stormwater runoff from pervious surfaces, the landowner and/developer of a flea market owners/operators shall provide a statement in writing that an attempt to utilize an existing parking lot for flea market attendees within an industrial zoning district. The statement shall, at a minimum, contain signatures from the landowner and/or developer as well as landowners and/or developers of adjacent properties. Any agreement for said shared parking shall be submitted to the Township as part of the licensing application. It is the responsibility of the flea market owner/operator to provide pedestrian pathways for safe connections from all parking lots to the flea market sales area.
18. 
All on-site parking lots shall comply with the standards of Part 9. Parking spaces on neighboring lots available through shared parking agreements shall be included when verifying that the total number of parking spaces meets the minimum requirements of Table 12. Parking for flea markets in areas other than parking lots, including the shoulder of the arterial roadway, shall be prohibited.
[Ord. No. 477, 5/11/2021]
A food and grocery store shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhoods.
2. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
3. 
A food and grocery store shall have a maximum of two points of ingress/egress to an arterial or collector street as defined by this chapter.
4. 
A food and grocery store shall not exceed 20,000 square feet in gross floor area.
[Ord. No. 477, 5/11/2021]
A funeral home shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
2. 
All off-street parking spaces must be provided on-site.
3. 
Exterior lighting for parking areas shall be reduced to half power after 11:00 p.m.
4. 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
5. 
Off-street parking areas shall be screened with the appropriate bufferyard as required by § 27-306 of this chapter.
6. 
Building and parking setbacks shall be consistent with the surrounding neighborhood and surrounding developments.
7. 
All rooms available for funerals and viewings shall be located within the principal building.
8. 
Dumpsters shall be located in the rear yard setback and shall be screened with a masonry wall.
[Ord. No. 477, 5/11/2021]
A garden center shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
All principal and accessory structures shall be placed a minimum of 75 feet from all property lines.
2. 
The retail sales area shall not exceed 2,500 square feet. Any growing areas or accessory greenhouses shall not be considered part of the sales area.
3. 
All supplies and equipment shall be stored within a completely enclosed building.
4. 
Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require approval as a supply yard.
[Ord. No. 477, 5/11/2021]
A gas and fuel station shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
No gas/fuel station shall be located within 1,000 feet of another gas/fuel station.
2. 
Access driveways to the service station shall be at least 30 feet from the intersection of any public streets.
3. 
Gasoline pumps shall be located at least 30 feet from the edge of the ROW of a public street. Gasoline pumps and canopies shall be located to the side or rear of a building within the SEO District.
4. 
The ingress and egress shall not create hazardous conditions or undue congestion of traffic circulation in the immediate area.
5. 
Air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 10 feet from any property line.
6. 
All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.
7. 
All canopy lighting must be fully recessed within the canopy.
[Ord. No. 477, 5/11/2021]
A golf course shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
2. 
An additional 10 feet of yard setback with a landscape screen in conformance with the requirements of Bufferyard C, as defined by Part 3 of this chapter, shall be provided around all off-street parking and loading areas. The intention of the bufferyard shall be to protect the surrounding neighborhood from inappropriate light and other disturbances.
3. 
The outer safety zone of all golf holes, as recommended by the United States Golf Association, shall be a minimum of 50 feet from all adjacent residential lots.
4. 
A golf course's hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance, or interruption.
5. 
The owner(s) and operator(s) of a golf course shall be responsible for the conduct and safety of the members, visitors, or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors, and guests.
6. 
The site shall be served by public water and public sanitary sewer systems.
7. 
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases, or solids is permitted with the exception of lawn chemicals and gasoline, diesel fuel, and oil for the operations and maintenance of motorized vehicles and equipment.
[Ord. No. 477, 5/11/2021]
A golf driving range shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
2. 
All lighting shall be shielded from adjacent streets and properties.
3. 
A driving range's hours of operation must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance, or interruption. Any facility located within 200 feet of a property line adjoining a residential use or residential zoning district shall cease operations at 12:00 midnight.
4. 
The owner(s) and operator(s) of a golf driving range shall be responsible for the conduct and safety of the members, visitors, or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors, and guests.
[Ord. No. 477, 5/11/2021]
A greenhouse/nursery shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Impervious surface coverage shall not exceed 20%.
2. 
All principal and accessory structures shall be placed a minimum of 75 feet from all property lines.
3. 
The retail sales area shall not exceed 1,200 square feet. The growing area shall not be considered the sales area.
4. 
All supplies and equipment shall be stored within a completely enclosed building.
5. 
Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require approval as a supply yard.
[Ord. No. 477, 5/11/2021]
A group care facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum area and bulk regulations for a group care facility shall be the same as those required for all uses in the zoning district in which the facility is located, with the exception of the R-2 District. In the R-2 District, the minimum site required is five acres.
2. 
In the R-2 District, a group care facility shall have direct vehicular access to an arterial or collector road as defined by this chapter.
3. 
No group care facility shall be established within 1,000 feet of another group care facility.
4. 
A twenty-four-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
5. 
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
6. 
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs. All open space areas shall be secured by a fence with a self-latching gate.
7. 
All outdoor lighting shall be shielded and/or reflected away from adjacent properties.
8. 
Hours of operation and activities must be appropriately scheduled to protect adjacent properties from unreasonable disturbance or interruption.
9. 
The location of buildings and facilities, traffic circulation, and parking areas on site shall be designed to provide adequate access for emergency vehicles.
10. 
The site shall be served by and connected to a public water and public sewer system.
11. 
All applicable county, state, and federal permits shall be applied for prior to issuance of Township permits. Documentation of the county and/or state approval shall be submitted as part of the conditional use application.
[Ord. No. 477, 5/11/2021]
A hazardous waste recycling facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Operations shall be regulated so that nuisances such as visual blight, noise, odors, blowing debris, and dust shall not be created.
2. 
Adequate off-street parking shall be provided for loading and unloading of recyclable materials. Under no circumstance shall loading vehicles, trucks, or other business equipment be parking on a public ROW.
3. 
All materials shall be stored within a completely enclosed building or screened from adjacent lots and public ROW with an eight-foot-high opaque fence.
4. 
A hazardous waste recycling facility shall have direct access to a collector or arterial road with sufficient capacity to handle traffic generated by the facility.
5. 
The Board of Supervisors may impose restrictions on access to the facility, hours of operation, or other such matters as they deem necessary to ensure that there is no adverse impact upon the function of the zoning district or any adjacent lots.
[Ord. No. 477, 5/11/2021]
Heavy equipment repair shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
A heavy equipment repair facility shall not be located within 100 feet of any lot line adjoining a residential use or residential zoning district.
2. 
Bufferyard A, as defined by § 27-306 of this chapter, shall be provided along all lot lines adjoining a residential use or residential zoning district.
3. 
The storage of parts or dismantled vehicles shall not be visible from any public ROW or from an adjacent lot line. Storage of parts or materials must be in an enclosed building.
4. 
All repair work shall be performed within an enclosed building, which has adequate ventilation and fire protection provisions.
5. 
All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.
6. 
Vehicles or equipment awaiting repair shall be kept in an enclosed building or in an outdoor area which is screened by an eight-foot high hedge, or fully opaque masonry wall or fence.
7. 
The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health and safety.
[Ord. No. 477, 5/11/2021]
A hobby farm is a permitted conditional use subject to the following express minimum standards and criteria:
1. 
A hobby farm is a permitted conditional use in the I-1 and B-2 Zoning Districts.
2. 
The minimum lot area for a hobby farm is 10 acres, which can include acreage around a newly created lot so long as the acreage is vacant, used as farmland, and located on a family owned and operated farm.
3. 
The owner of the hobby farm shall reside on the lot.
4. 
Hobby farms may include any of the activities encompassed by agriculture, as defined by this chapter. The sale of agricultural products raised on the hobby farm shall be permitted. Private stables are also permitted and included in the definition of hobby farm.
5. 
The number of animals maintained on a hobby farm, if any, shall be reasonably related to the size of the lot, the area available for grazing, and the capacity of the land to sustain the animals without creating a nuisance.
6. 
On a lot utilized for a private stable, one horse or pony shall be permitted on the first three acres of land. One additional horse or pony shall be permitted for each additional acre over three acres. However, no private stale or hobby farm within the I-1 or B-2 Zoning Districts shall have more than a total of eight horses of ponies at any one time.
7. 
No stables or buildings in which animals are kept or manure is stored shall be located within 75 feet of any lot line or within 100 feet of any occupied dwellings within the parcel or located on adjacent parcel, other than the stable owner's dwelling.
8. 
No grazing of any animals shall be permitted closer than 50 feet from an occupied dwelling within the parcel or located on an adjacent parcel, excluding the private stable or hobby farm owner's dwelling.
9. 
A hobby farm owner shall not permit litter and droppings from their horses of any other animals to collect so as it results in a presence of fly larvae or objectionable odors.
10. 
The area of the lot used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent lots.
11. 
The primary residence/principal structure on the hobby farm must meet the following lot area and bulk regulations:
Table 10: Primary Residence/Principal Structure Area and Bulk Regulations
B-2 District
(feet)
I-1 District
(feet)
Minimum lot width
200
400
Minimum front setback
20
50
Minimum side setback
30
100
Minimum rear setback
30
100
A. 
The minimum accessory building setbacks are the same as the principal building setbacks.
B. 
Maximum structure height is 35 feet.
C. 
Maximum lot coverage is 30%.
D. 
Screening by Bufferyard C, as defined by § 27-306 of this chapter, shall be provided along all lot lines adjoining industrial zoning districts.
[Ord. No. 477, 5/11/2021]
A home occupation shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The home occupation shall be carried on wholly within the principal or accessory structures.
2. 
No more than 15% of the gross floor area of the principal dwelling and any accessory structures used shall be devoted to the conduct of the home occupation.
3. 
Articles not produced on the premises shall not be sold on the premises.
4. 
There shall be no display of merchandise available for sale on the premises. However, merchandise may be stored on the premise for delivery off the premises.
5. 
Exterior displays or signs other than those permitted in Part 10 of this chapter, exterior storage of material and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
6. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of Part 8 of this chapter.
7. 
The use shall not significantly intensify existing vehicular or pedestrian traffic that is normal for the residences in the neighborhood.
8. 
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of a structure.
9. 
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
10. 
The use shall not cause an increase in the use of water, sewage, garbage, public safety, or any other municipal services beyond that which is normal for the residences in the neighborhood.
11. 
The use shall not cause a negative impact on lot values in the immediate neighborhood.
12. 
The home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be permitted to be parked on the premises.
13. 
One work vehicle is permitted on the premises.
14. 
The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses or uses by special exception, including, but not limited to:
A. 
Beauty shops or barbershops containing more than two chairs.
B. 
Clinics, hospitals, or nursing homes.
C. 
Kennels, veterinary offices, and clinics.
D. 
Mortuaries.
E. 
Private clubs.
F. 
Private instruction to more than three students at a time.
G. 
Restaurants or tearooms.
H. 
Stables.
I. 
Tourist or boarding homes.
J. 
Vehicle or equipment rental, repair, or sales.
K. 
Vehicle repair garages, as defined by this chapter.
15. 
Day care homes other than those defined in Part 2 of this chapter shall meet all of the foregoing requirements for a home occupation as well as the following additional requirements:
A. 
Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.
B. 
A safe area shall be provided for the dropoff and pickup of children who do not obstruct the free flow of traffic on any public street.
C. 
Off-street parking shall be provided in accordance with the requirements of Part 9 of this chapter.
[Ord. No. 477, 5/11/2021]
A hospital shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum site area required for a hospital shall be five acres.
2. 
The site shall be served by public water and public sewer systems.
3. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
4. 
All hospitals shall be licensed by the Commonwealth of Pennsylvania. Proof of all proper permits and approvals must be submitted to the Township.
5. 
Water pressure and volume shall be adequate for fire protection.
6. 
Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.
7. 
The plan illustrating parking and circulation shall be forwarded to the Township Volunteer Fire Department for comments regarding traffic safety and emergency access.
8. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
9. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
10. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
11. 
All lot lines adjoining a residential lot or residential zoning district shall be screened by Bufferyard B as defined by § 27-306 of this chapter. All other lot lines shall be screened by Bufferyard C as defined by § 27-306.
12. 
The landowner and/or developer shall complete a traffic impact analysis to demonstrate that the Township's roadway network will maintain an acceptable level of service and roadway capacity based upon the proposed development's peak traffic volumes. The traffic impact analysis shall be completed in accordance with the requirements defined in the SALDO, as amended.[1]
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
13. 
Minimum lot area and yard setbacks shall be as required in Part 3 of this chapter for the zoning district wherein the lot is located.
14. 
Safe vehicular access and areas for discharging and picking up patients shall be provided.
15. 
A hospital's height shall not exceed 75 feet and shall not pose a hazard to the operations of the Pittsburgh International Airport.
[Ord. No. 477, 5/11/2021]
A hotel shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Dropoff/temporary parking areas shall remain free and clear of obstructions for general safety and Fire Department access.
2. 
A twenty-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
3. 
Service of meals and/or beverages (whether alcoholic or nonalcoholic) must be secondary to the principal use of room or suite rental.
4. 
Secondary eating establishments serving alcoholic beverages or secondary bars or nightclubs must be licensed by the Pennsylvania Liquor Control Board.
5. 
The site shall be served by and connected to a public water and public sewer systems.
6. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
7. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
8. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
9. 
The owner(s)/operator(s) of a hotel shall be responsible for the conduct and safety of the renters and guests and shall be available to respond to inquiries and promptly quell any disturbances caused by renters or guests.
[Ord. No. 477, 5/11/2021]
A kennel shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The operator or owner of any kennel must hold all current state and local licenses and permits for the location, activity, and number of animals so specified.
2. 
The minimum lot area for a kennel shall be two acres.
3. 
Kennels shall be located within a completely enclosed building and soundproofed to reduce noise impacts on adjacent properties.
4. 
Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be maintained in a safe condition, and shall be secured by a fence with a self-latching gate.
5. 
Outdoor runs and similar facilities shall be located at least 300 feet from any occupied dwelling on adjoining property and shall be visually screened from adjoining lots with hedging or opaque fencing that is at least eight feet in height.
[Ord. No. 477, 5/11/2021]
A laboratory shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The laboratory area shall not exceed a maximum of 15,000 square feet of gross floor area.
2. 
The gross floor area of the laboratory shall not exceed 40% of the gross floor area of the building containing such laboratory.
3. 
Laboratories that store Environmental Protection Agency (EPA) regulated substances with reportable quantities over 100 pounds are prohibited.
4. 
Laboratories that store EPA-regulated substances with reportable quantities equal to or less than 100 pounds, which are also liquids or gases at ambient conditions, in quantities greater than the respective reportable quantity are prohibited.
5. 
Laboratories with the following then current North American Industry Classification System (NAICS) categories are prohibited: 1) all other animal production (Code 112990); 2) biological testing laboratories or services (under Code 541380); 3) veterinary testing laboratories (Code 541940); and 4) laboratory equipment manufacturing (Code 339113).
6. 
Laboratories shall be designated by the owner with applicable NAICS categories.
7. 
The Board of Supervisors shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration the location and orientation of the laboratory's probable traffic generation, parking needs, generation of noise, dust, odor, vibration, pollution, light or other disturbance, or interruption.
8. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
9. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
10. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
11. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
12. 
A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.
13. 
The site shall be served by public water and public sewer systems.
14. 
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.
[Ord. No. 477, 5/11/2021]
A wholesale landscaping service center shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
A business established for the purposes of wholesale landscaping shall have one point of ingress and egress to a public road ROW. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicular.
2. 
Equipment storage shall be permitted to include man-operated or mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited.
3. 
The storage of combustible materials shall be limited to 25 feet in height with available fire defense measures as approved by the Township Volunteer Fire Department. The storage of noncombustible materials shall be limited to 30 feet in height, in order to minimize:
A. 
The risk of fire.
B. 
Visibility from adjacent lots.
C. 
Noxious odors to adjacent lots and/or ROWs.
4. 
Site grading shall be completed to ensure that surface runoff is directed away from any and all material storage areas.
5. 
The owner(s) and operator(s) of a wholesale landscaping service center shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation, and surface water and groundwater contamination.
6. 
The minimum distance between buildings shall be 30 feet.
7. 
The maximum length of any building shall be no more than 200 feet.
8. 
Screen Walls.
A. 
An eight-foot-high screen wall shall be constructed around the perimeter of a storage area if equipment and/or materials are not contained within an enclosed building/area. The screen wall shall be measured from the average grade of the adjacent ground, unless otherwise defined by the Township.
B. 
The screen wall shall have a minimum opacity of 80% and shall be composed of one of the following.
(1) 
Finished masonry or wood.
(2) 
Black or green vinyl-coated chain-link fencing with eight-foot-high evergreen plantings located on the exterior side of the fence, whereas no fence components may be visible from an adjacent lot or ROW.
(3) 
The landowner and/or developer shall provide evergreen plantings with a minimum height of eight feet in quantity and spacing as approved by the Township.
9. 
No excessive noise, dust, odor, vibration, or light shall be generated to disturb the surrounding neighborhood.
10. 
No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted, with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.
11. 
The ground surface of off-street parking shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.
12. 
The hours of operation for material pickups, delivery, outdoor processing, and outdoor manufacturing operations shall be limited to 7:00 a.m. to 8:00 p.m.
13. 
No more than one identification sign shall be permitted. The identification sign shall be a ground or a wall sign and shall have a maximum graphic area of 40 square feet.
[Ord. No. 477, 5/11/2021]
A laundromat shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
2. 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
3. 
Off-street parking areas shall be screened with the appropriate bufferyard as required by § 27-306 of this chapter.
4. 
Dumpsters shall be located in the rear yard setback and shall be screened with a masonry wall.
5. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
[Ord. No. 477, 5/11/2021]
A library shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
2. 
The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
4. 
The site shall be serviced by public water and public sewer systems.
5. 
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by employees, visitors, and guests.
6. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
7. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Added by Ord. No. 513, 11/14/2023]
A limited winery shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
2. 
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. Noise levels are subject to the Township's Noise Ordinance as well as the PA Liquor Control Board's rules and regulations regarding live music.
3. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
4. 
The primary loading area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
5. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
6. 
No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.
7. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
8. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
9. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
Live-work units shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Permitted ground-floor uses shall include:
A. 
Day care facilities of all types.
B. 
Retail stores.
C. 
Restaurants (no drive-through facilities shall be permitted).
D. 
Other such uses as determined appropriate upon recommendation by the Planning Commission and approval by the Board of Supervisors.
2. 
Parking shall meet the requirements of Part 9 based on the combined requirements for the residential unit(s) and the ground floor use(s).
3. 
All live-work units shall be constructed in accordance with the Township's adopted Building and Construction Codes and shall be occupied as live-work capacity upon construction.
[Ord. No. 477, 5/11/2021]
A magistrate office and court shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
2. 
The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
4. 
The site shall be serviced by public water and public sewer systems.
5. 
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by employees, visitors, and guests.
6. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
7. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 481, 7/13/2021[1]]
A massage therapy establishment shall be a permitted conditional use subject to the following express standards and criteria:
1. 
State or national certification from one of the following entities shall be required for all employees, excluding administrative staff:
A. 
National Certification Board for Therapeutic Massage and Bodywork;
B. 
American Massage Therapy Association;
C. 
Association of Bodywork and Massage Practitioners;
D. 
National Certification Commission for Acupuncture and Oriental Medicine;
E. 
International Massage Association; or
F. 
A Board of Supervisors approved equivalent.
2. 
In addition, all employees, excluding administrative staff, must have at least 500 hours of professional training.
3. 
Hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate the hours of operation for the facility in order to prevent adverse impacts on adjoining properties.
4. 
The facility shall operate in compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department.
5. 
A massage therapy establishment shall be initially licensed, where it has met the applicable requirements set forth in the North Fayette Township Code of Ordinances, through December 31 of the year in which the license is issued. For each year thereafter that the massage therapy establishment intends to continue as a massage therapy establishment, it must seek from the Township Manager a renewal of this license. The application for renewal must be received by the Township Manager no later than November 1 of the year preceding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Township to deny or revoke an occupancy permit to a massage therapy establishment.
6. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties in terms of noise, traffic, hours of operation, and lighting pollution.
7. 
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
8. 
To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.
9. 
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.
[1]
Editor's Note: This ordinance also redesignated former § 27-670 as § 27-670.01.
[Ord. No. 477, 5/11/2021]
A medical marijuana dispensary shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The applicant shall demonstrate compliance with all facility regulations in Section 802 of the Medical Marijuana Act, as amended (Act 16, Pennsylvania Law 84, No. 16).[1]
[1]
Editor's Note: See 35 P.S. § 10231.802.
2. 
The dispensary shall meet the same land use requirements as other commercial facilities that are located in the underlying district.
[Ord. No. 477, 5/11/2021]
A medical office, high-intensity shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
A traffic impact analysis shall be required and shall be reviewed and approved by the Township Traffic Engineer. Potential implementation strategies of necessary infrastructure and/or safety improvements shall be identified in response to the analysis findings.
2. 
The site shall be serviced by public water and public sewer systems.
3. 
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by employees, visitors, and guests.
4. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
5. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
6. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
[Ord. No. 477, 5/11/2021]
A medical office, low-intensity shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
2. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
3. 
Off-street parking areas shall be screened with the appropriate bufferyard as required by § 27-306 of this chapter.
4. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
5. 
The landowner and/or developer shall be required to prepare and submit a traffic impact analysis of the proposed development. The traffic impact analysis shall be reviewed and approved by the Township Traffic Engineer. Potential implementation strategies of necessary infrastructure and/or safety improvements shall be identified in response to the analysis findings.
[Ord. No. 477, 5/11/2021]
A microbrewery shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The standards for "brewery" in this Part 6 shall apply.
[Ord. No. 477, 5/11/2021]
A microdistillery shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The standards for "distillery" in this Part 6 shall apply.
[Ord. No. 477, 5/11/2021]
Mineral development shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
In the R-1 District, the minimum site required for mineral development shall be 10 acres. The site shall be located at least 500 feet from any existing residential lot.
2. 
There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).
3. 
Mineral development shall be prohibited in watersheds of rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a "wilderness trout stream," by the PA DEP as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.
4. 
No mineral development shall be conducted within 300 feet of any public building, school, place of worship, community or institutional building, commercial building, public park, or private recreational area.
5. 
No mineral development shall be conducted within 100 feet of the right-of-way line of any public road, except where access roads or haulage roads join the ROW line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.
6. 
No mineral development shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.
7. 
No mineral development shall be conducted within 100 feet of a cemetery.
8. 
No mineral development shall be conducted within 300 feet of any occupied residential dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for zoning approval.
9. 
The applicant shall present expert testimony to demonstrate that the proposed mineral development operation will not adversely affect any of the following:
A. 
Lawful existing or permitted use of adjacent properties.
B. 
The quality of adequacy of any public or private water supply source.
C. 
Any flood-prone or landslide-prone areas within the Township.
10. 
The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent buildings or structures or shall not substantially diminish underground water resources.
11. 
If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.
12. 
The applicant shall provide reclamation plans for the site, which demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.
13. 
The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county, and Township roads and shall design the hauling routes for the mineral development operation to minimize the impact on local roads with the Township.
14. 
The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed for removing minerals from the site. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations, any backfilling and reconstruction of a damaged roadway due to excess weight in excess of the posted weight for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads that have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township Specifications for Street Construction.
15. 
Portions of the site where mineral development and removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.
16. 
Deep mine openings and aboveground structures shall not be located within 300 feet of any existing dwelling. Ventilating structures shall be located so as to comply with the performance standards of § 27-812 regarding noise and to minimize noise impacts on adjoining property. Ventilating structures also shall comply with the requirements of Part 8 of this chapter.
17. 
The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state or federal permits, including proof of insurability, before initiating any work and of maintaining the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.
18. 
Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within 90 days of the date of approval of the application by the Board of Supervisors unless the applicant submits a written request for an extension to the Board of Supervisors prior to the expiration of the 90 days explaining the reason for the delay in initiating the work and the Board of Supervisors approves the request.
19. 
Once work is initiated under an approved application for a conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. An application for renewal of zoning approval must be submitted prior to the date of expiration of zoning approval and can be granted by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation. Upon expiration or revocation of zoning approval for the conditional use, the applicant may reapply for approval of the conditional use.
20. 
During the mineral development operation, the Township Engineer may inspect the site at the request of the Township to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.
[Ord. No. 477, 5/11/2021]
A mixed-use development shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Permitted ground floor uses shall include:
A. 
Day care facilities of all types.
B. 
Retail store.
C. 
Restaurant (no drive-through facilities shall be permitted).
D. 
Other such uses as determined appropriate upon recommendation by the Planning Commission and approval by the Board of Supervisors.
2. 
Parking shall meet the requirements of Part 9 of this chapter based on the combined requirements for the residential unit(s) and the ground floor use(s).
3. 
All mixed-use developments shall be constructed in accordance with the Township's Building and Construction Codes.
[Ord. No. 477, 5/11/2021]
A motel shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The standards for "hotel" in this Part 6 shall apply.
[Ord. No. 477, 5/11/2021]
A municipal building shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
2. 
The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
4. 
The site shall be serviced by public water and public sewer systems.
5. 
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by employees, visitors, and guests.
6. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
7. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A natural gas compressor station shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Natural gas compressor stations shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with Township residents' enjoyment of their property and future Township development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:
A. 
Lawful existing or authorized uses of adjacent properties.
B. 
Neighboring flood-prone or landslide-prone areas.
C. 
Agriculture or farmland.
2. 
A conditional use application for a natural gas compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.
3. 
Conditional use approval is nontransferable without consent from the Board of Supervisors, and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the conditional use. The conditional use approval may be extended by the Board of Supervisors upon written request by the operator. The operator shall provide proof that the requested conditional use permit for such location has not changed.
4. 
As part of the conditional use application, the Township and all applicable emergency responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this section.
5. 
All natural gas compressor stations shall be completely enclosed by a building.
A. 
The building shall be constructed in a manner that the architectural character complements the existing character of the area. The building shall employ architectural features, including but not limited to sloped roofs, stone and brick accents, steeples, cupolas, etc.
B. 
The building shall employ soundproof-type walls, and all equipment associated with the compressor station shall be enclosed within the building. All acoustical structures shall be constructed of metal, masonry, or other structurally sound material as approved by the Township Engineer.
6. 
Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the compressor station, the Township shall be provided a copy of the HOP. Access roads shall also comply with the following:
A. 
Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.
B. 
The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.
C. 
If the access road is less than 200 feet, the entire road must be limestone.
7. 
The access driveway off the public road to the compressor station shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the station name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.
8. 
The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the station. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.
9. 
As part of the conditional use process, the Township reserves the right to increase any required setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.
10. 
Compressor stations shall utilize electric motors rather than internal combustion engines. The Board of Supervisors may approve the use of internal combustion engines as part of the conditional use approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.
11. 
Noise. The Township may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed station to adjacent residential properties. As part of the conditional use application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.
A. 
The noise generated during operating activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation:
(1) 
During station or plant activities by more than 10 dBa during the hours of 7:00 a.m. to 9:00 p.m.
(2) 
During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.
B. 
Sound Test.
(1) 
If a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a compressor station, regarding noise generated by compressor station operations, the Township will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the Township that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
(a) 
The complainant's protected structure property line nearest to the well site or equipment generating the noise; or
(b) 
One hundred feet from the protected structure, whichever is closer.
(2) 
If the operator engages in any noise testing as required by this section, it will provide preliminary data to the Township no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Township representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The Township reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
12. 
Drip pans must be placed in any location, under equipment, that has the potential to leak.
13. 
All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.
14. 
All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the Township.
15. 
Compressor stations shall be inspected by the North Fayette Township Volunteer Fire Department prior to operation. During the active operation at the compressor station, Township staff or consultants designated by the Township Manager shall have access to the site to determine continuing compliance with the conditional use approval.
16. 
The applicant will reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to site inspection, approval process, or for specialized work called for in the permit.
17. 
The Township reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular compressor station site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.
18. 
Indemnification and Express Negligence Provisions. The operator shall fully defend, protect, indemnify, and hold harmless North Fayette Township, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of North Fayette Township, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
19. 
The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all federal, state, and local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the compressor stations will not violate the citizens of North Fayette Township's right to clean air and pure water as set forth in Article 1, Section 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of North Fayette Township or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the Township residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.
20. 
The operator shall be required to provide notice of any spills and/or releases to the Township.
[Ord. No. 477, 5/11/2021]
A natural gas processing plant shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Natural gas processing plants shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with Township residents' enjoyment of their property and future Township development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:
A. 
Lawful existing or authorized uses of adjacent properties.
B. 
Neighboring flood-prone or landslide-prone areas.
C. 
Agriculture or farmland.
2. 
A conditional use application for a processing plant shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.
3. 
Conditional use approval is nontransferable without consent from the Board of Supervisors, and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the conditional use. The conditional use approval may be extended by the Board of Supervisors upon written request by the operator. The operator shall provide proof that the requested conditional use permit for such location has not changed.
4. 
As part of the conditional use application, the Township and all applicable emergency responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this section.
5. 
Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the processing plant, the Township shall be provided a copy of the HOP. Access roads shall also comply with the following:
A. 
Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.
B. 
The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.
C. 
If the access road is less than 200 feet, the entire road must be limestone.
6. 
The access driveway off the public road to the processing plant shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the plant name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.
7. 
The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the plant. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.
8. 
As part of the conditional use process, the Township reserves the right to increase any required setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.
9. 
Processing plants shall utilize electric motors rather than internal combustion engines. The Board of Supervisors may approve the use of internal combustion engines as part of the conditional use approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.
10. 
Noise. The Township may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed plant to adjacent residential properties. As part of the conditional use application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.
A. 
The noise generated during operating activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation:
(1) 
During station or plant activities by more than 10 dBa during the hours of 7:00 a.m. to 9:00 p.m.
(2) 
During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.
B. 
Sound Test.
(1) 
If a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a compressor station, regarding noise generated by plant operations, the Township will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the Township that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
(a) 
The complainant's protected structure property line nearest to the well site or equipment generating the noise; or
(b) 
One hundred feet from the protected structure, whichever is closer.
(2) 
If the operator engages in any noise testing as required by this section, it will provide preliminary data to the Township no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Township representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The Township reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
11. 
Drip pans must be placed in any location, under equipment, that has the potential to leak.
12. 
All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.
13. 
All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the Township.
14. 
Processing plants shall be inspected by the North Fayette Township Volunteer Fire Department prior to operation. During the active operation at the plant, Township staff or consultants designated by the Township Manager shall have access to the site to determine continuing compliance with the conditional use approval.
15. 
The applicant will reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to site inspection, approval process, or for specialized work called for in the permit.
16. 
The Township reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular processing plant site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
17. 
Indemnification and Express Negligence Provisions. The operator shall fully defend, protect, indemnify, and hold harmless North Fayette Township, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of North Fayette Township, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
18. 
The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all federal, state, and local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the processing plant will not violate the citizens of North Fayette Township's right to clean air and pure water as set forth in Article 1, Section 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of North Fayette Township or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the Township residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.
[Ord. No. 477, 5/11/2021]
A nightclub shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The night operations shall cease between the hours of 2:00 a.m. and 7:00 a.m., prevailing time (unless more restrictive nonoperating hours are established by the Board of Supervisors in its conditional use decision), and the establishment shall not be open to the public during those hours.
2. 
All nightclub activities shall be conducted within an enclosed building, and all doors and windows shall remain closed during the hours that the nightclub is open for operation.
3. 
The facility entrances and exits (excluding emergency exits) which face adjacent residential dwellings and/or residential zoned properties shall have a vestibule with a second door to minimize noise impacts to adjacent residential dwellings and properties.
4. 
No nightclub shall be permitted within 500 feet of an adult-oriented business and/or another nightclub, as measured from lot line to lot line.
5. 
The nightclub operations shall not cause or create a nuisance, including, but not limited to, excessive noise levels.
6. 
The owner and operator of the nightclub shall be responsible for the conduct and safety of its patrons.
7. 
No more than one identification sign shall be permitted. The sign shall be a ground sign or wall sign. The graphic area of the sign shall not exceed 40 square feet.
[Ord. No. 477, 5/11/2021]
An oil and gas compressor station shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
No oil or gas compressor station or an addition to an existing oil or gas well site shall be constructed or located within the Township unless a zoning permit under this chapter has been issued by the Township to the owner or operator approving the construction or preparation of the site for oil or gas development or construction of an oil and gas compressor station.
2. 
In addition to the other requirements of this chapter, the applicant shall provide to the Township at the time of application the following information:
A. 
A narrative describing an overview of the project including the number of acres to be disturbed for development and the location, number, and description of equipment and structures to the extent known.
B. 
A narrative describing an overview of the project as it relates to the oil or gas compressor station.
C. 
The address of the compressor station as determined by the County 911 addressing program and information needed to gain access in the event of an emergency.
D. 
The contact information of the individual or individuals responsible for the operation and activities at the oil or gas compressor station shall be provided to the Township and all applicable emergency responders as determined by the Township. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all applicable emergency responders as determined by the Township.
E. 
To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the site. The plan will identify, but not be limited to, gathering lines and other midstream and downstream facilities located within the Township and extending 800 feet beyond the Township boundary.
F. 
A site plan of the oil and gas compressor station including any major equipment and structures and all permanent improvements to the site.
G. 
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that the Township streets utilized by the applicant shall remain free of dirt, mud, and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud, and debris occur as a result of applicant's usage.
H. 
An appropriate site orientation and training course of the preparedness, prevention, and contingency plan for all applicable emergency responders as determined by the Township. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. If multiple sites are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a training course was offered in the last 12 months shall be accepted. Site orientation for each oil and gas site shall still be required for the appropriate emergency responders, as determined by the Township.
3. 
The applicant/operator shall comply with any generally applicable bonding and permitting requirements for Township roads that are to be used by vehicles for site construction and site operations.
4. 
Access.
A. 
Oil and gas facilities shall be accessed directly from an arterial or collector street.
B. 
Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.
C. 
Access directly to state roads shall require PennDOT highway occupancy permit(HOP) approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the HOP.
D. 
Access directly to Township/county roads shall require a driveway permit/HOP prior to initiating any work at a well site.
5. 
Height. Permanent structures associated with oil and gas compressor stations shall comply with the height regulations for the zoning district in which the oil or gas compressor station is located.
6. 
Setbacks/Location.
A. 
Oil and gas compressor stations and sites shall comply with all setback requirements of the zoning district in which it is located and provide a landscape buffer as required by § 27-306.
B. 
Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, the operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future development activities as authorized by the Township's applicable ordinances.
C. 
In construction of compressor station sites, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.
7. 
Screening and Fencing.
A. 
Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide. Additional lockable gates used to access compressor station site by foot may be allowed, as necessary.
B. 
First responders shall be given means to access oil or gas well sites in case of an emergency. Applicant must provide the county 911 communications center necessary information to access the compressor station site in the event of an emergency.
C. 
Warning signs shall be placed on the fencing surrounding the compressor station site providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.
8. 
Lighting.
A. 
Lighting at an oil or gas compressor station shall, when practicable, be limited to security lighting.
B. 
All temporary and permanent outdoor lighting shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
9. 
Noise. The operator shall take the following steps to minimize noise resulting from the oil or gas compressor station, to the extent possible:
A. 
Prior to development, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency, or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency, or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 dBa. The sound level meter used in conducting any evaluation shall meet the ANSI standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
B. 
The operator shall provide documentation of any established seventy-two-hour evaluation relied upon to establish an ambient noise level greater than 55 dBa to the Zoning Officer within three business days of such a request.
C. 
The noise generated during operating hours shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation or default level, whichever is higher.
D. 
All permanent facilities associated with oil and gas well sites, including but not limited to oil or gas compressor stations, shall meet the general noise requirements of this chapter. Where a conflict exists, the more stringent requirements shall apply.
E. 
Oil and gas compressor stations or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency, or other public facilities.
F. 
Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.
G. 
If a complaint is received by the Township regarding noise generated during construction or operation of the compressor station, the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency, or other public facilities, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.
10. 
As a condition of approval, the applicant shall provide all permits and plans from the DEP and other appropriate regulatory agencies within 30 days of receipt of such permits and plans. A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the Township.
11. 
Temporary housing for workers is not permitted on site.
[Ord. No. 477, 5/11/2021]
An oil and gas processing plant shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
No oil or gas processing plant or an addition to an existing oil or gas site shall be constructed or located within the Township unless a zoning permit under this chapter has been issued by the Township to the owner or operator approving the construction or preparation of the site for oil or gas development.
2. 
The permit application, or amended permit application, shall be accompanied by a fee as established by resolution in the Township Fee Schedule.
3. 
In addition to other requirements of this chapter, the applicant shall provide to the Township the following information at the time of application:
A. 
A narrative describing an overview of the project including the number of acres to be disturbed for development and the location, number, and description of equipment and structures to the extent known.
B. 
A narrative describing an overview of the project as it relates to the oil or gas processing plant.
C. 
The address of the oil or gas processing plant as determined by the County 911 addressing program and information needed to gain access in the event of an emergency.
D. 
The contact information of the individual or individuals responsible for the operation and activities of the oil or gas processing plant shall be provided to the Township and all applicable emergency responders as determined by the Township. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all applicable emergency responders as determined by the Township.
E. 
To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the site. The plan will identify, but not be limited to gathering lines, natural gas compressor stations, and other midstream and downstream facilities located within the Township and extending 800 feet beyond the Township boundary.
F. 
A site plan of the oil or gas processing plant including any major equipment and structures and all permanent improvements to the site.
G. 
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that the Township streets utilized by the applicant shall remain free of dirt, mud, and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud, and debris occur as a result of applicant's usage.
H. 
An appropriate site orientation and training course of the preparedness, prevention, and contingency plan for all applicable emergency responders as determined by the Township. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. If multiple sites are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a training course was offered in the last 12 months shall be accepted. Site orientation for each oil and gas site shall still be required for the appropriate emergency responders, as determined by the Township.
4. 
The operator shall comply with any generally applicable bonding and permitting requirements for Township roads that are to be used by vehicles for site construction, drilling activities, and site operations.
5. 
Access.
A. 
Oil and facilities shall be accessed directly from an arterial or collector street as defined by this chapter.
B. 
Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.
C. 
Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the HOP.
D. 
Access directly to Township/county roads shall require a driveway permit/HOP prior to initiating any work at a well site.
6. 
Height. Permanent structures associated with the oil or gas processing plant shall comply with the height regulations for the zoning district in which the oil or gas processing plant is located.
7. 
Setbacks/Location.
A. 
Oil or gas processing plants shall comply with all general setback and buffer requirements of the zoning district in which the processing plant is located.
B. 
Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, the operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future development activities as authorized by the Township's applicable ordinances.
C. 
In construction of the processing plant, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.
8. 
Screening and Fencing.
A. 
Security fencing shall be at least six feet in height equipped with lockable gates at every access point and have openings no less than 12 feet wide. Additional lockable gates used to access the oil or gas processing plant by foot may be allowed, as necessary.
B. 
First responders shall be given means to access the oil or gas processing plant in case of an emergency. Applicant must provide the county 911 communications center necessary information to access the well pad in the event of an emergency.
C. 
Warning signs shall be placed on the fencing surrounding the oil or gas processing plant providing notice of the potential dangers and the contact information in case of an emergency.
9. 
Lighting.
A. 
Lighting at an oil or gas processing plant shall, when practicable, be limited to security lighting.
B. 
All temporary and permanent outdoor lighting shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
10. 
Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development:
A. 
Prior to development, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency, or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency, or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 dBa. The sound level meter used in conducting any evaluation shall meet the ANSI standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
B. 
The operator shall provide documentation of any established seventy-two-hour evaluation relied upon to establish an ambient noise level greater than 55 dBa to the Zoning Officer within three business days of such a request.
C. 
The noise generated during operating hours shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation or default level, whichever is higher.
D. 
All permanent facilities associated with oil and gas well sites, including but not limited to oil and gas compressor stations and processing plants, shall meet the general noise requirements of this chapter. Where a conflict exists, the more stringent requirements shall apply.
E. 
Oil or gas compressor stations or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency, or other public facilities.
F. 
Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.
G. 
If a complaint is received by the Township regarding noise generated during construction or operation of the processing plant the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency, or other public facilities, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.
11. 
As a conditional of approval, applicant shall provide all permits and plans from the DEP and other appropriate regulatory agencies within 30 days of receipt of such permits and plans. A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the Township.
12. 
Temporary housing for workers is not permitted on-site.
[Ord. No. 525, 4/23/2024[1]]
An oil and gas well pad shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Operator shall comply with any generally applicable bonding and permitting requirements for Township roads. Any existing Township roads, damaged or worsened in condition by the operator as determined by the Township shall be repaired by the operator as required by the Township. Funds for such repairs shall be held either in escrow, bond, or letter of credit on an estimate determined by the Township after inspection by the Township of existing conditions of roads, which may be affected by the operator. If no repairs are necessary, all funds earmarked for existing road/drainage repairs shall be returned to the operator.
2. 
Operator shall take the necessary safeguards to ensure that the Township roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are immediately swept or cleaned if dirt, mud and debris occur.
3. 
Operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development, operator will provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
4. 
Operator shall not clear brush or trees by way of burning, and shall chip, grind or remove all tree stumps from properties it clears for development purposes. However, operator shall be permitted to, consistent with any outdoor burning laws, ordinance(s) or regulations, including those of Allegheny County, burn any brush, trees, or stumps that have been removed from the ground and collected into a pile or piles on the properties where the operator is engaging in development.
A. 
Any mature trees that are damaged or removed during development and operations shall be replaced by the developer upon site completion.
5. 
Prior to development, operator shall provide to the Township's Police Department and the Volunteer Fire Department ("first responders") and to the Township Manager, a copy of its Preparedness, Prevention and Contingency ("PPC") Plan. If the PPC requires the availability and/or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC, the Township may require that operator reimburse the Township for the cost of procurement of such special equipment or supplies.
6. 
Before drilling, the operator shall ascertain whether the Township's First Responders have secured adequate training and information to deal with any potentially dangerous conditions that may result due to development activities. First Responders shall have on-site orientation and be provided adequate awareness information. Upon request from the Township, Operator will, prior to drilling of an oil, and Gas well, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation and training session for first responders. Such site orientation and training session shall be made available at least annually during the period when the operator anticipates drilling activities in the Township.
7. 
Operator shall demonstrate its plans to take the necessary safeguards to ensure appropriate dust control measures are in place.
8. 
Operator shall demonstrate its plans to take the necessary safeguards to ensure appropriate odor control measures are in place.
9. 
The operator must demonstrate its plans for the storage or elimination of residual water/fluids from its operations. Operator must show that it will take all necessary safeguards to ensure that public and private sewer and water systems will not be contaminated as a result of any of its operations.
10. 
Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, as part of the planning process, operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities.
11. 
Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas, the operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the drill site, wellhead, or other area being developed so as to attempt to minimize glare on public roads and adjacent buildings within 300 feet of the drill site, wellhead, or other area being developed.
12. 
At least 30 days prior to drilling an oil and gas well or multiple oil and gas wells at a location, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):
A. 
A copy of the well survey plat showing the location(s) of the planned well(s);
B. 
A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s);
C. 
The contact information for the operator; and
D. 
The availability of the operator to hold a meeting with such residents to present operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.
13. 
The operator shall provide:
A. 
A map showing the planned access route to the well sites on public roads;
B. 
Information on the status of road bonding;
C. 
The operator's erosion and sedimentation plan;
D. 
The well survey plat showing the planned surface location(s) of the well(s);
E. 
The contact information for the operator;
F. 
Written authorization from the property owner(s) who has legal or equitable title in and to the surface of the proposed development;
G. 
Copy of Federal Aviation Administration (FAA) form 7460 showing that there is no interference with air traffic; and
H. 
A schedule of phases of oil and gas development to include site prep, drilling, production work, and site restoration.
14. 
At least 20 days prior to commencement of drilling, the operator shall provide to the Township Manager a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection ("DEP").
15. 
In addition to the requirements in Subsections 1 through 14 above, for any oil and gas well where the planned surface location of the well will be within 1,000 feet of a protected structure, the operator shall:
A. 
Install temporary safety fencing, at least six feet in height, around drilling and hydraulic fracturing equipment and install permanent fall protection fencing meeting OSHA requirements around any pits that contain or could contain water or other liquids.
B. 
Install warning signs providing notice of the potential dangers at the well site.
C. 
Provide at least one security guard at all times (24 hours/day, seven days/week) when a drilling rig or hydraulic fracturing equipment is on the well site.
16. 
Prior to the commencement of drilling activities, no construction activities involving excavation of, alteration to, or repair work on any access road or well site shall be performed during the hours of 10:00 p.m. to 6:00 a.m.
17. 
The Township recognizes and acknowledges that oil and gas development is accompanied by inherent noise. However, the operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the development:
A. 
Prior to drilling of an oil and gas well, the operator shall establish a continuous 72-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure or, alternatively, and in lieu of establishing the above 72-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this ordinance, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
B. 
The operator shall provide documentation of any established, 72-hour evaluation relied upon to establish an ambient noise level greater than 55 dBA to the Township Manager within three business days of such a request from the Zoning Officer.
C. 
The noise generated during construction, drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the 72-hour evaluation) or default level, whichever is higher:
(1) 
During drilling activities by more than seven decibels during the hours of 6:00 a.m. to 10:00 p.m.;
(2) 
During drilling activities by more than five decibels during the hours of 10:00 p.m. to 6:00 a.m.; or
(3) 
By more than 10 decibels during construction, hydraulic fracturing operations.
he operator shall inform the Township Manager of which level (average ambient noise level or default level) is being used.
D. 
Adjustments to the forgoing noise limits may be permitted in accordance with the following:
027 Noise Level.tif
*
Cumulative minutes during any one hour.
E. 
If a complaint is received by the Township from any person, whether a resident or otherwise using the protected structure as defined herein for any lawful purpose, regarding noise generated during construction, drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Township, continuously monitor for a 48-hour period at a point which is the closer to the complainant's building of:
(1) 
The complainant's protected structure property line nearest to the wellsite or equipment generating the noise, or
(2) 
One hundred feet from the protected structure.
F. 
If the operator engages in any noise testing as required by this section, it will provide preliminary data to the Township no later than five business days following completion of the noise testing. Once the monitoring is complete, operator will meet with Township's representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded.
G. 
Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with: (1) an exhaust muffler; or (2) an exhaust box. The exhaust muffler or exhaust box shall be constructed of non-combustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.
H. 
All workover operations shall be restricted to the hours of 6:00 a.m. to 10:00 p.m., except in the extent of an emergency, as reasonably determined by the operator. "Workover operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.
I. 
The noise restrictions contained in this Subsection 17 shall also apply to natural gas compressor stations and natural gas processing plants.
18. 
If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.
A. 
Any blasting shall follow all state and/or federal regulations.
19. 
Supervisory Personnel. Bunk housing shall be permitted and is subject to Township review. An applicant shall submit any proposed plan for bunk housing either at the time of a zoning application, a subdivision and/or land development application or as part of a permit process following said application approval. Bunk housing shall be subject to the following:
A. 
The structure shall only be occupied during drilling, re-drilling, fracking or completion activities and only by employees or contractors responsible for such activities at the well site.
B. 
The operator shall provide an enforceable alcohol and drug policy for occupants of the bunk house.
C. 
The operator shall provide a firearms policy for occupants of the bunk house.
D. 
Occupants of the bunk house shall be required to sign in and out before entering or leaving the development.
E. 
The operator shall meet all state and local water and sewage requirements.
20. 
The Board of Supervisors may attach additional conditions in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks, screening, and bufferyard requirements.
[1]
Editor's Note: This ordinance also repealed former § 27-684, Oil and Gas Well Pad, adopted by Ord. No. 477, 5/11/2021.
[Ord. No. 483, 7/13/2021]
An outdoor dining area shall be a permitted conditional use subject to the following express standards and criteria:
1. 
The outdoor dining area shall only be used in conjunction with, and under the same management and exclusive control of, a restaurant, bar, tavern, microbrewery/brew pub, food and grocery store, hotel, or convenience store, located on the same or contiguous property.
2. 
Outdoor dining areas shall be located at least 100 feet away from all residential uses and zoning districts.
3. 
Outdoor dining areas shall not be permitted to be located in bufferyards or required setbacks.
4. 
Outdoor dining areas and service areas shall be permanently delineated on all sides with walls or fencing, and shall be separated from any adjacent parking lots, driveways, and/or streets by sidewalks and/or landscaped areas with shrubbery. Walls and fences shall be decorative in nature. Acceptable materials include wrought iron, tubular steel, wood, and decorative masonry.
5. 
Loudspeakers and live music performance shall not be permitted in outdoor dining areas located in the MU Mixed Use District.
6. 
Additional signage shall not be permitted.
7. 
Pedestrian circulation and access to the building entrance shall not be impaired. A minimum sidewalk width of five feet along the curb and leading to the entrance to the establishment must be maintained free of tables, chairs, and other encumbrances. The seating in an outdoor dining area must be accessible to people with disabilities. Americans with Disabilities Act (ADA)[1] accessibility requirements must be met within the outdoor dining area. Five percent, or at least one of the seating spaces in the outdoor cafe area must be accessible to people with disabilities. An accessible route connecting the outdoor dining area, the business entrance, and the restrooms must be provided.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
8. 
Operating hours may not exceed the establishments normal hours of operation. In addition, outdoor dining areas located in the MU Mixed Use District, shall not operate before 6:00 a.m. or after 11:00 p.m.
[Amended by Ord. No. 498, 6/28/2022]
9. 
Outdoor dining areas must comply with all UCC and Fire Code regulations, including points of egress, access to fire extinguishers, etc.
A. 
All tents or canopies used must be fire rated per the building and fire codes, and the fire rating must be approved must be approved by the Fire Code Official.
10. 
Outdoor dining areas shall follow any other applicable zoning regulations, such as performance standards, signage requirements, etc.
[Ord. No. 477, 5/11/2021]
A parking lot, commercial, shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
2. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
3. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
4. 
A traffic impact study shall be required for parking lots with more than 100 spaces. The traffic study shall be reviewed and approved by the Township Traffic Engineer.
5. 
A commercial parking lot shall be screened and buffered in accordance with the requirements of Bufferyard D of this chapter, as outlined in § 27-306.
6. 
A street wall, in addition to landscaping, must be provided between the sidewalk/street and the parking lot.
[Ord. No. 477, 5/11/2021]
A parking structure (commercial) shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
If the parking structure is accessory to the principal use of a lot, it shall be included in all building coverage calculations.
2. 
A parking structure shall be illuminated in conformance to the requirements of this chapter and any applicable provisions outlined in the SALDO.[1]
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
4. 
A traffic impact study shall be required and shall be reviewed and approved by the Township Traffic Engineer.
5. 
A parking structures shall not be located any closer to an ROW line or a property line than what is permitted by the building setbacks defined in Table 12 of this chapter.
6. 
The perimeter of a parking structure shall be landscaped in conformance to Bufferyard A as defined in § 27-306.
[Ord. No. 477, 5/11/2021]
Pet boarding shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Minimum lot size required is one acre in the B-1 Zoning District and two acres in the B-2 Zoning District.
2. 
Minimum lot size required is five acres in the R-1 Zoning District.
3. 
No additional residential use may be established on land designated for use as a pet boarding facility.
4. 
The operator or owner of the pet boarding facility must hold all current and applicable state and local licenses and permits (including but not limited to those relating to maximum capacity, minimum space per animal, enclosure or cage specifications, and noise and odor control requirements).
5. 
Any exterior fenced in area wherein animals exercise or are otherwise exposed must be located a minimum of 50 feet from any adjoining lot line.
6. 
The perimeter of any outdoor runs or exercise areas must be fenced with weatherproof material, a minimum of six feet in height, and accessible only through a self-latching gate or a manual latch with a locking pin.
7. 
The portion of the building or structure used to house animals (including such portions that are below grade level) shall be equipped with code-approved nontoxic, noise dampening material, or acoustic tile to minimize noise impact on adjacent uses or structures.
8. 
All shelter or kennel areas for animals shall be located completely indoors.
9. 
Outdoor runs and similar facilities, where permitted, shall be constructed for easy cleaning, shall be adequately secured by a fence as required herein, and shall be screened by Bufferyard B, as outlined in § 27-306 of this chapter.
[Ord. No. 477, 5/11/2021]
A pharmacy shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
2. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
3. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
4. 
A pharmacy shall be adequately screened and buffered as required by this chapter, as outlined in § 27-306.
[Ord. No. 477, 5/11/2021]
Place of worship shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot area shall be one acre.
2. 
A place of worship's primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
3. 
A traffic impact study shall be required to be submitted whereas the proposed development which according to the ITE standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes. A description of future LOS and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
4. 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Township Engineer to ensure employee and visitor safety.
5. 
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
6. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
7. 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light, and other disturbances.
[Ord. No. 477, 5/11/2021]
A police station shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
2. 
The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
4. 
The site shall be serviced by public water and public sewer systems.
5. 
Vehicular and pedestrian access to the proposed station shall be designed and provided to maximize pedestrian and vehicle safety.
6. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A public utility building and public utility transmission facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Ingress to and egress from the facility shall be permitted by roads to serve only the public utility building or transmission facility, unless approved by the Board of Supervisors.
2. 
A nonclimbable security fence at least eight feet in height shall be installed around all portions of the facility.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
[Ord. No. 477, 5/11/2021]
A railroad facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Ingress to and egress from the facility shall be permitted by roads to serve only the public utility building or transmission facility, unless approved by the Board of Supervisors.
2. 
A nonclimbable security fence at least eight feet in height shall be installed around all portions of the facility.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
[Ord. No. 477, 5/11/2021]
A railroad freight transloading and distribution terminal shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Ingress to and egress from the facility shall be permitted by roads to serve only the public utility building or transmission facility, unless approved by the Board of Supervisors.
2. 
A nonclimbable security fence at least eight feet in height shall be installed around all portions of the facility.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
[Ord. No. 477, 5/11/2021]
A recreation facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
All recreation facilities shall be located along an arterial or collector road as defined by this chapter.
2. 
All off-street parking areas located adjacent to residences shall reduce exterior lights to half power after 11:00 p.m. and shall be screened by Bufferyard B as defined by § 27-306.
3. 
All off-street parking shall be located on the lot.
4. 
All facilities shall have a minimum of two points of ingress and egress.
5. 
All dumpsters, not incorporated into the principal building, shall be located in the rear yard setback and shall be screened with masonry. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.
6. 
All ingress and egress to and from the site shall be so situated as not to interfere with through traffic movements on adjacent streets.
7. 
The use shall comply with the performance standards of Part 8.
[Ord. No. 477, 5/11/2021]
Recreation, indoor shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
All indoor recreation facilities shall be located along an arterial or collector road as defined by this chapter.
2. 
All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 11:00 p.m. and shall be screened by Bufferyard A as defined by § 27-306.
3. 
Grass, sod, or turf shall not be considered an acceptable plant for use within the landscaped bufferyards.
4. 
All off-street parking shall be located on the lot.
5. 
All lots used for commercial indoor recreation facilities shall have a minimum of two points of ingress and egress.
6. 
All dumpsters, not incorporated into the principal building, shall be located in the rear yard setback and shall be screened with masonry. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.
7. 
All indoor recreation facilities shall have a maximum gross floor area of 40,000 square feet.
[Ord. No. 477, 5/11/2021]
Recreation, Outdoor shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
A minimum site size of one acre shall be required.
2. 
All principal structures shall be located at least 40 feet from any property line.
3. 
Parking shall be provided in accordance with the parking requirements as outlined in Part 9.
4. 
Screening by Bufferyard B, as defined by § 27-306, shall be provided along all lot lines adjoining residential use or residential zoning districts.
5. 
All lighting shall be shielded from adjacent streets and properties.
6. 
The use shall comply with the performance standards of Part 8.
7. 
Any facility located within 200 feet of a property line adjoining a residential use or residential zoning district shall cease operations at 12:00 midnight.
8. 
All ingress and egress to and from the site shall be so situated as not to interfere with through traffic movements on adjacent streets.
[Ord. No. 477, 5/11/2021]
A recycling business shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The perimeter of the property shall be enclosed with a fence or wall no higher than eight feet and no lower than six feet in height. Barbed-wire fences are prohibited.
2. 
Requirements for indoor and outdoor storage are listed in the table below:
Table 11 Recycling Requirements
Type of Recyclable
Under Roof Y/N
Need to Be Covered Y/N
Beverage containers
No
No
Demolition debris
No
No
Electronics
Yes
N/A
Metal
No
No
Oil
Yes
N/A
Paper
Yes
N/A
Plastic
No
No
Rubber products
No
Yes
Tires
Yes
Yes
A. 
Batteries and other items considered hazardous waste shall not be kept on site.
B. 
Recycled oil shall be kept in an enclosed container at all times.
C. 
Any item that would create a hazardous runoff shall be kept under a roof or covered at all times.
D. 
Items such as newspaper, office paper, plastic, and drinking containers shall be secured so that they are not affected by the wind.
E. 
No pile of recyclables shall exceed 20 feet in height.
[Ord. No. 477, 5/11/2021]
A repossession business shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The standards for "vehicle repair garage" in this Part 6 shall apply.
2. 
Exterior storage of vehicles and/or equipment associated with the permitted principal use shall require approval of a storage yard as an accessory use.
[Ord. No. 477, 5/11/2021]
A research and development facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light, or other disturbance or interruption.
2. 
Loading areas shall not be visible from a street ROW or an adjacent residential dwelling.
3. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
4. 
The storage, use, or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the research and development activity, and the transportation, handling, use, and disposal of such materials shall conform with all applicable regulations and permit requirements of the EPA and DEP. An inventory of hazardous, toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases, or solids shall be updated annually and submitted to the Township for record.
5. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
6. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
7. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
[Ord. No. 477, 5/11/2021]
A restaurant shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The hours of operation and activities for a restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance, or interruption.
2. 
A traffic impact study shall be required to be submitted whereas the proposed development which according to the ITE standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes. A description of future LOS and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
3. 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Township Engineer to ensure employee and visitor safety.
4. 
All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in Part 9 of this chapter.
5. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
6. 
All dumpsters shall be located in the rear setback yard and shall be screened appropriately. All screens shall have a length of eight feet in height and shall have a minimum opacity of 80%.
7. 
Mechanical equipment location(s) are subject to Board of Supervisor approval and shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.
8. 
No more than one sign shall be permitted. Said sign shall be a ground or a wall sign.
9. 
If the proposed restaurant contains a drive-through facility, it shall also meet the conditional use criteria for a "drive-through facility" as outlined in this chapter.
10. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
11. 
The site shall be connected to public water and public sewer systems.
12. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
13. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A takeout only restaurant shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The hours of operation and activities for a takeout only restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance, or interruption.
2. 
All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in Part 9 of this chapter.
3. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
4. 
All dumpsters shall be located in the rear setback yard and shall be screened appropriately. All screens shall have a length of eight feet in height and shall have a minimum opacity of 80%.
5. 
Mechanical equipment location(s) are subject to Board of Supervisor approval and shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.
6. 
No more than one sign shall be permitted. Said sign shall be a ground or a wall sign.
7. 
If the proposed takeout only restaurant contains a drive-through facility, it shall also meet the conditional use criteria for a "drive-through facility" as outlined in this chapter.
8. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
9. 
The site shall be connected to public water and public sewer systems.
10. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
11. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A retail store shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The structure associated with the retail store shall not exceed 5,000 square feet in gross floor area.
2. 
No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 9:00 p.m. and 7:00 a.m.
3. 
All property lines adjoining residential use or residential zoning district shall be screened by Bufferyard A, as defined by § 27-306 of this chapter.
4. 
Building setbacks shall be consistent with the existing building setbacks of adjoining lots.
5. 
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle. Lighting levels shall also be reduced by half their standard operating power, between 11:00 p.m. and 6:00 a.m.
6. 
Exterior storage shall not be permitted to occur as a part of a retail store that is less than 5,000 square feet.
7. 
Parking for a retail store shall be located in the side and/or rear yards of a lot, where practical.
8. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
9. 
The site shall be connected to public water and public sewer systems.
10. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
11. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A retail store shall be permitted as a conditional use subject to the following express minimum standards and criteria:
1. 
The structure associated with the retail store shall not exceed 20,000 square feet in gross floor area.
2. 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
3. 
All property lines adjoining residential use or residential zoning district shall be screened by Bufferyard A, as defined by § 27-306 of this chapter.
4. 
Building setbacks shall be consistent with the existing building setbacks of adjoining lots.
5. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination on a lot, when adjacent to a residential district, shall be a maximum of one footcandle. Lighting levels shall also be reduced by half their standard operating power, between 11:00 p.m. and 6:00 a.m.
6. 
The location and arrangement of parking on a lot shall be designed and constructed so that general safety and circulation is optimized and so that the impact of vehicles and lighting on ROWs or residential activity in proximity to the lot is minimized The Township reserves the right to increase bufferyard requirements, require parking to be located behind the minimum front principal building setback, or to designate other measures on the lot in order to maximize safety and/or minimize impacts to surrounding uses.
7. 
The ground surface of off-street parking shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust or other disturbances.
8. 
Exterior storage shall not be permitted to occur as a part of a retail store that is between 5,000 and 20,000 square feet.
9. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
10. 
The site shall be connected to public water and public sewer systems.
11. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
12. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A retail store greater than 20,000 square feet shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
2. 
Any outdoor storage areas shall be completely enclosed by a security fence and shall be screened by fence or masonry wall which is at least six feet in height and is 100% opaque unless otherwise defined by this chapter.
3. 
All property lines adjoining residential use or zoning district shall be screened by Bufferyard A, as defined by § 27-306 of this chapter.
4. 
Building setbacks shall be consistent with the existing building setbacks of adjoining lots.
5. 
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination on a lot, when adjacent to a residential district, shall be a maximum of one footcandle. Lighting levels shall also be reduced by half their standard operating power, between 11:00 p.m. and 6:00 a.m.
6. 
The location and arrangement of parking on a lot shall be designed and constructed so that general safety and circulation is optimized and so that the impact of vehicles and lighting on ROWs or residential activity in proximity to the lot is minimized The Township reserves the right to increase bufferyard requirements, require parking to be located behind the minimum front principal building setback, or to designate other measures on the lot in order to maximize safety and/or minimize impacts to surrounding uses.
7. 
The ground surface of off-street parking shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust or other disturbances.
8. 
The site shall be connected to public water and public sewer systems.
9. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
10. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A roadside stand, principal, shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
A current peddler's license shall be displayed on the premises.
2. 
Principal use roadside stands shall meet the same setbacks required for primary structures located in the applicable zoning district.
3. 
All parking for salespeople and customers shall be on the property of the landowner and there shall be no parking permitted on an ROW.
4. 
Principal roadside stands shall provide the required parking in Part 9 of this chapter.
[Ord. No. 477, 5/11/2021]
A salt storage facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
All salt piles must be covered with a roof in order to prevent runoff into public or private sewer inlets.
[Ord. No. 477, 5/11/2021]
A salvage/junkyard shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The site must be a minimum of 10 acres.
2. 
The site shall be maintained so as to not constitute a nuisance or a menace to public health and safety.
3. 
No garbage, organic waste, or hazardous waste shall be stored, buried, or disposed of on the site.
4. 
The manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for firefighting and to prevent the accumulation of stagnant water. The proposed layout of the junkyard shall be indicated on the site plan submitted with the application.
5. 
No junk shall be stored or accumulated, and no structure shall be constructed within 50 feet of any dwelling unit or within 25 feet of any other parcel line or ROW of a public street.
6. 
The site shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts with self-latching gate.
7. 
The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.
8. 
No vehicles or material related to the principal use shall be stacked higher than the visual barrier.
9. 
The Board of Supervisors may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation, and other such matters as they deem necessary to ensure that there is not adverse impact upon the functioning of the district or adjacent parcels.
10. 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties and shall not exceed one footcandle.
[Ord. No. 477, 5/11/2021]
A school shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The number of off-street parking and loading spaces shall be provided as defined Part 9 of this chapter.
2. 
Operations shall be regulated so that nuisances such as visual blight, glare, and noise shall not be created.
3. 
Lighting fixtures for the illumination of parking and service areas shall be designed to minimize illumination levels to one footcandle when measured from an adjacent lot line. Lighting levels shall also be reduced by 0.5 their standard operating power, between 11:00 p.m. and 6:00 a.m.
4. 
Front, rear, and side yards shall be maintained in accordance with Bufferyard A as defined in § 27-306 of this chapter.
[Ord. No. 477, 5/11/2021]
A service station shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The standards for "gas/fuel station" in this Part 6 shall apply.
[Ord. No. 477, 5/11/2021]
A shopping center shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Any shopping center proposed with an anchor tenant space shall provide an outdoor public plaza, open space, or similar pedestrian amenity equal to 5% of the lot area. This required amenity shall be constructed as part of Phase I should the project be constructed in phases.
2. 
All buildings shall provide a prominent and highly visible street-level doorway or entrance along the front or side of the building which faces a street.
3. 
Sidewalks shall extend from the main entry point and link to the public sidewalk, if applicable.
4. 
The street-level facade of any building facing a street shall be transparent (incorporate windows) between a minimum of three feet and eight feet in height for no less than 60% of the horizontal length of the structure facing the street.
5. 
Surface treatments to create visual interest, such as cornices, brackets, window, and door moldings and details, recesses, projections, awnings, porches, steps, decorative finish materials, and other architectural articulation, shall be required along facades facing streets. At least two such surface treatments must be provided along the facade.
6. 
Any drive-through proposed with a tenant space shall be designed in accordance with the provisions of this chapter and shall require conditional use approval for a "drive-through facility" as defined in this chapter.
[Ord. No. 477, 5/11/2021]
A short-term rental, principal, shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Accessory or principal use short-term rental units shall provide the required off-street parking as specified in Part 9 of this chapter.
2. 
The owner and operator of the short-term rental shall be responsible for the conduct and safety of guests and shall be available to respond to inquiries and promptly resolve any issues caused by guests.
[Ord. No. 477, 5/11/2021]
A skilled nursing facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The standards for "care facilities and senior housing" in this Part 6 shall apply.
[Ord. No. 477, 5/11/2021]
A large solar energy facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The layout, design, and installation of large solar energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories, the American Standards Technical Manual, or other similar certifying organizations, and shall comply with the UCC, Act 45 of 1999, as amended and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
2. 
All on-site utility and transmission lines extending to and from the large solar energy production facility shall be placed underground.
3. 
All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street ROW.
4. 
Large solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.
5. 
The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound.
6. 
All ground-mounted and freestanding solar collectors of large solar energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
7. 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
8. 
For a building-mounted system installed on a sloped roof that faces the front yard, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge of the system.
9. 
Building-mounted systems mounted on a flat roof shall not be visible from the public ROW immediately adjacent to the property at ground level. System components can be screened with architectural treatments such as a building parapet walls or other screening or by setting the system back from the roof edge in such a way that it is not visible from the public ROW at ground level.
10. 
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed three feet above the highest point of the roof line to which it is attached.
11. 
For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.
12. 
The surface area of ground-mounted systems, regardless of the mounted angle of any portion of the system is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district in which it is located.
13. 
No signage or graphic content may be displayed on the system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
14. 
Vacation, Abandonment, and/or Decommissioning of Solar Facilities:
A. 
The solar energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation.
B. 
Discontinuation/abandonment is presumed when a solar system has been disconnected from the net metering grid for a period of six continuous months or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be on the Township.
C. 
The solar facilities and all related equipment must be removed within 12 months of the date of discontinuation or abandonment or upon the determination of the useful life of the solar system.
D. 
For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.
E. 
If the owner fails to remove or repair the vacated, abandoned or decommissioned solar facilities within the twelve-month period outlined above, the Township reserves the right to enter the property, remove the system, and charge the landowner and/or facility owner and operator for all costs and expenses including reasonable attorney's fees or pursue other legal action to have the system removed at the owners expense.
F. 
Any unpaid costs resulting from the Township's removal of a vacated, abandoned, or decommissioned solar system shall constitute a lien upon the property against which the costs were charged. Each such lien may be continued, recorded, and released in the manner provided by the general statutes for continuing, recording, and releasing property tax liens.
15. 
At the time of issuance of the permit for construction of the large solar energy facility, the owner shall provide financial security in a form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.
[Ord. No. 477, 5/11/2021]
Solid waste facilities shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum site area required shall be 50 acres.
2. 
Ingress to and egress from solid waste facilities shall be permitted by roads to serve only the solid waste facilities. Street design shall allow a weight limit of 19,000 pounds per axle. Approach and departure traffic routes for a solid waste facility shall not be permitted through local streets primarily intended to provide access to residences in a neighborhood.
3. 
A nonclimbable security fence at least eight feet in height shall be installed around all portions of solid waste facilities directly involved in the storage, handling, and disposal of solid waste.
4. 
All buildings or structures used for the storage, treatment, processing, recycling, collection, recovery, or disposal of solid waste shall be located at least 500 feet from any exterior property line when such property line abuts a residential zoning district.
5. 
The hours of operation shall be limited from 7:00 a.m. to 7:00 p.m., except that the hours of operation may be extended when the DEP certifies that sanitation conditions require an extension of operating hours.
6. 
Municipal solid waste landfills shall be covered in accordance with the DEP. Exterior lighting shall not cause illumination in excess of one footcandle at any property line, except that internally illuminated signs at the entrance to the landfill may exceed this standard where necessary.
7. 
A tire washing station shall be located on the site for service trucks exiting the facility.
8. 
The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads that have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township Specifications for Street Construction.
9. 
Transfer station operations shall not be conducted within 200 feet of any property lines adjoining residential use or residential zoning district.
10. 
Incinerator and landfill facilities shall not be located within 500 feet of any property lines adjoining a residential use or residential zoning district.
11. 
The applicant shall show compliance with applicable state and federal laws regulating landfills, transfer facilities, incinerators, and recovery facilities.
12. 
The required state or federal permits shall be maintained throughout the duration of all operations.
13. 
Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and will result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this chapter or both.
14. 
In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and require state or federal permits.
[Ord. No. 477, 5/11/2021]
A commercial stable shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot size required for a commercial stable shall be 10 acres.
2. 
One horse or pony shall be permitted on the first three acres of land. One additional horse or pony shall be permitted for each additional acre over three acres.
3. 
No stables or other buildings in which animals are kept or manure is stored shall be located within 75 feet of any lot line or within 100 feet of any occupied dwelling, other than the stable owner's dwelling.
4. 
No grazing of any animals shall be permitted closer than 100 feet from any occupied dwellings within the parcel or located on an adjacent parcel, excluding the stable owner's dwelling.
5. 
The owner or operator shall not permit litter and droppings from the horses or other animals to collect so as to result in the presence of fly larvae or objectionable odors.
6. 
The area of the lot used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent lots.
7. 
The primary residence/principal structure on the hobby farm must meet the following lot area and bulk regulations:
A. 
Minimum lot width: 400 feet.
B. 
Minimum front setback: 50 feet.
C. 
Minimum side setback: 100 feet.
D. 
Minimum rear setback: 100 feet.
8. 
The minimum accessory building setbacks are the same as the principal building setbacks.
9. 
Maximum structure height is 35 feet.
10. 
Maximum lot coverage is 30%.
11. 
Screening by Bufferyard C, as defined in § 27-306, shall be required around the perimeter of the site.
[Ord. No. 477, 5/11/2021]
A storage yard shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The applicant shall provide to the Township at the time of application the following information:
A. 
A narrative describing the material that will be stored in the proposed storage yard.
B. 
A site plan of the lot and/or parcel including the location of the proposed storage yard and materials to be stored.
2. 
Storage yards shall not be used to:
A. 
Service, repair, or conduct similar repair activities of any of the items stored at the outdoor storage yard.
B. 
Be occupied or used for living or sleeping purposes.
C. 
Conduct vehicle sales or retail sales of any kind.
D. 
Conduct any other commercial or industrial activity.
3. 
No outdoor storage shall be permitted in the required setback areas.
4. 
All organic rubbish or waste materials shall be stored in airtight, verminproof containers.
5. 
Outdoor storage of vehicles, including but not limited to automobiles, buses, motorcycles, recreational vehicles (RVs), watercraft, and similar machines shall conform to the following standards:
[Amended by Ord. No. 483, 7/13/2021]
A. 
All vehicles stored in identified storage areas shall be operable and have current vehicle registration and/or inspection, as required.
6. 
Storage of any repossessed, disabled, wrecked, unlicensed, or partially dismantled vehicle is not permitted.
[Amended by Ord. No. 483, 7/13/2021]
7. 
All driveways, access roads, required parking areas and outdoor storage areas located within the storage yard must be paved with an impervious surface (asphalt, concrete, etc.);
[Amended by Ord. No. 483, 7/13/2021]
A. 
In lieu of an impervious surface, gravel may be used in outdoor storage areas, provided that:
(1) 
Gravel areas shall be a minimum of three inches thick and maintained in a dust-free manner;
(2) 
Gravel areas shall be delineated with a full depth, vertical concrete curb;
(3) 
Regarding stormwater management, gravel is considered an impervious surface and subject to the requirements and regulations found in the Stormwater Management Ordinance.[1]
[1]
Editor's Note: See Ch. 19, Stormwater Management.
8. 
The storage yard shall be set back a minimum of 50 feet from any property bearing a residential dwelling.
[Amended by Ord. No. 483, 7/13/2021]
9. 
Specific standards for storage yards permitted as an accessory use are as follows:
A. 
All storage yards related to the principal use are permitted only in the rear yard and at least 50 feet from a residential zoning district.
B. 
The designated storage area shall not include the required parking for the permitted principal use.
C. 
Storage areas shall not create traffic hazards or block pedestrian or vehicular circulation.
D. 
The storage yard shall be screened from the adjoining parcels as required by the bufferyard standards defined in § 27-306 this chapter. A storage yard shall be considered an industrial use when interpreting the required bufferyard chart (Table 6).
E. 
The total square footage of the accessory storage yard shall not exceed 50% of the total square footage of the principal building of structure.
[Ord. No. 483, 7/13/2021]
F. 
In addition to any other required landscaping, the storage yard shall be screened from the public roadway by a solid vegetated hedge or opaque fence that is a minimum of six feet in height.
[Ord. No. 483, 7/13/2021]
10. 
Specific standards for storage yards permitted as a principal use are as follows:
A. 
The storage yard shall be screened from the adjoining parcels as required by the bufferyard standards defined in § 27-306 of this chapter. A storage yard shall be considered an industrial use when interpreting the required bufferyard chart (Table 6).
B. 
In addition to any other required landscaping, the storage yard shall be screened from the public roadway by a solid vegetated hedge or opaque fence that is a minimum of six feet in height.
[Amended by Ord. No. 483, 7/13/2021]
C. 
Storage yards are not permitted as a principal use within a planned nonresidential development (PNRD).
[Ord. No. 483, 7/13/2021]
[Ord. No. 477, 5/11/2021]
A tattoo parlor shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The facility shall operate in compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny Health Department.
2. 
The location of buildings or structures shall be designed to minimize impact on adjacent residential properties.
3. 
The site shall be serviced by and connected to public water and public sewer systems.
4. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
[Ord. No. 477, 5/11/2021]
A tavern or bar shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
2. 
The establishment shall not be located closer than 600 feet to another similar existing use.
3. 
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. The Township may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.
[Ord. No. 477, 5/11/2021]
A theater shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
2. 
The primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
3. 
The site shall be served by and connected to a public water and public sewer system.
4. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. (or one hour after the last movie/show is completed, whichever is later) and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
5. 
The scale, massing, and building design shall be compatible with the surrounding neighborhood.
6. 
Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.
7. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
8. 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.
9. 
A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.
[Ord. No. 477, 5/11/2021]
A theater, drive in, shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The standards for "theater" in this Part 6 shall apply.
2. 
The minimum lot size required shall be 10 acres.
3. 
Drive-in aisles shall be designed to provide sufficient stacking area, outside the setbacks, to accommodate a minimum of five vehicles, and shall be located so that cars waiting in the aisles do not impede vehicular access to or circulation on the site or the public ROW.
4. 
All aisles shall be a minimum of 12 feet wide.
[Ord. No. 477, 5/11/2021]
Towing or other road services shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The standards for "vehicle repair garage" in this Part 6 shall apply.
2. 
Exterior storage of vehicles and/or equipment associated with the permitted principal use shall require approval of a storage yard as an accessory use.
[Ord. No. 477, 5/11/2021]
A transfer facility or resource recovery facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum site area shall be 50 acres for a transfer facility or resource recovery facility.
2. 
The site shall have frontage on and direct vehicular access to an arterial road, as defined by this chapter.
3. 
The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.
4. 
A tire washing station shall be located on the site or service trucks exiting the facility.
5. 
The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads that have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township Specifications for Street Construction.
6. 
Transfer facility operations shall not be conducted within 200 feet of any property lines adjoining residential use or residential zoning district. Resource recovery facilities shall not be located within 500 feet of any property lines adjoining a residential use or residential zoning district.
7. 
All lot lines adjoining an existing residential use or a residential zoning district shall be screened by Bufferyard A as defined by § 27-306 of this chapter.
8. 
Fencing at least eight feet in height and with a minimum capacity of 80% shall be provided around any work area for security and to control windblown refuse.
9. 
The applicant shall show compliance with applicable state and federal laws regulating landfills, transfer facilities, incinerators, and recovery facilities.
10. 
The required state or federal permits shall be maintained throughout the duration of all operations.
11. 
Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and will result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this chapter or both.
12. 
In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and require state or federal permits.
[Ord. No. 477, 5/11/2021]
A vehicle rental facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot area required shall be one acre.
2. 
The property shall have frontage on and direct vehicular access to an arterial or collector street.
3. 
The area used for display of automobiles and related merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and mud-free.
4. 
All lots used for the outdoor display of vehicles shall have a completely enclosed building on the same lot.
5. 
No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street ROW.
6. 
No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the commonwealth.
7. 
All on-site lighting shall be located at least 10 feet from any street ROW or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.
8. 
All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.
9. 
Customer vehicles with external damage awaiting repairs shall be located either inside a building or in an outdoor area which is screened by a six-foot-high compact hedge or opaque fence.
[Ord. No. 477, 5/11/2021]
A vehicle repair garage shall be a permitted conditional use subject to the following minimum standards and criteria:
1. 
Such use shall not be located within 100 feet of any lot line adjoining residential use or residential zoning district.
2. 
Bufferyard B, as defined by § 27-306 of this chapter, shall be provided along all lot lines adjoining an existing residential use or residential zoning district.
3. 
There shall be no storage of parts or dismantled vehicles outside an enclosed building.
4. 
All repair work shall be performed within an enclosed building, which has adequate ventilation and fire protection provisions.
5. 
All towed vehicles shall be stored on the premises and no vehicle shall be stored or dismantled on any public street.
6. 
Vehicles or equipment awaiting repair shall be kept in an enclosed wall or building or in an outdoor area which is screened by an eight-foot-high hedge or opaque fence within a minimum capacity of 80%.
7. 
The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health and safety.
[Ord. No. 477, 5/11/2021]
A vehicle sales facility shall be permitted as a conditional use subject to the following express minimum standards and criteria:
1. 
The minimum site area shall be two acres.
2. 
The site shall have frontage on and direct vehicular access to an arterial road as defined by this chapter.
3. 
The dealer shall provide an indoor showroom for the new equipment or vehicles.
4. 
Only vehicles in "showroom condition" may be displayed on the property forward of the building setback line.
5. 
All vehicles not in "showroom condition" (including but not limited to those received in trade, awaiting repairs, for lease, etc.) shall be stored behind the building setback line and screened from view from the ROW and from adjoining properties by a landscape screen or fence of appropriate design, as approved by the Township.
6. 
Any vehicle or equipment that fits the definitions of "junked vehicle" or "abandoned vehicle" as defined in this chapter is prohibited from the premises.
7. 
The outdoor storage provisions of this chapter shall be waived for such dealerships, provided the above conditions are met and that the development complies with the percentage of impervious surface.
8. 
The area used for display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of an equivalent or superior character, approved by the Township Engineer.
9. 
Landscaping within or along the perimeter of surface parking and loading areas shall be encouraged to minimize the impact of heat and glare from paving.
10. 
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
[Ord. No. 477, 5/11/2021]
A vineyard shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot size required is 10 acres.
2. 
Vehicular access to and from a vineyard shall be conducted from an arterial or collector road.
3. 
Vineyard operations shall be conducted in accordance with all applicable federal, state, county, and Township laws and regulations governing the production of crops and related operations.
4. 
No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted on the lot(s), with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.
5. 
A vineyard shall not significantly intensify vehicular or pedestrian traffic which is normal for residences in the neighborhood.
[Ord. No. 477, 5/11/2021]
A wastewater treatment plant shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot size required is five acres.
2. 
The site and facility shall be fenced and gated so that members of the general public cannot access the site or the facility.
3. 
Setbacks. The following setbacks shall be maintained for the treatment facilities or water withdraw and distribution facilities and any truck parking or staging areas.
A. 
Three hundred feet to adjoining properties and public road ROWs.
B. 
Five hundred feet to any existing adjoining residential structure.
C. 
Two hundred feet to any body of water, stream, or wetland.
4. 
On-site holding tanks shall be provided to collect and store water produced during the treatment process.
5. 
Proof of all applicable and required federal, state, county, Township, and/or local approvals, permits, licenses, and/or registrations shall be provided to the Township, including but not limited to permits from PA DEP.
6. 
Reporting Requirements. For any facility approved by the Township, the operator shall submit to the Township a copy of all PA DEP-required or PA DEP-issued documents and reports associated with the operation within seven days of the date of the document or report.
[Ord. No. 477, 5/11/2021]
A water storage facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
No water storage facility shall exceed 250 feet in height.
2. 
A water storage facility shall be setback from adjacent property lines and/or ROWs a minimum distance equal to 115% of the water storage/tower's height but shall not be less than 25 feet in width.
3. 
The height of a water storage facility shall be measured from the top of the foundation to the upper most point of the tower.
4. 
Lighting shall be required for the water storage facility as a safety measure for low-flying aircraft in accordance with all FAA regulations and approvals.
5. 
Access driveways to a water storage tower shall be paved with a minimum of six inches of slag or stone.
6. 
All water storage uses, which are principal uses or structures, shall comply with the area and bulk regulations for principal structures in the zoning district in which they are proposed.
7. 
All aboveground water storage facilities that exceed the height limitations of the district shall increase the required yard clearances by one foot for every two feet of height in excess of the height limitations of the district.
[Ord. No. 477, 5/11/2021]
A wholesale business shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
Any site that involves wholesale distribution shall have direct access to an arterial or collector street, as defined in this chapter.
2. 
The location of buildings or structures shall be designed to minimize impact on adjacent residential properties.
3. 
All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot hedge or opaque fence.
4. 
No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.
5. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
6. 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
7. 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
8. 
All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.
9. 
Retail sales shall not exceed 20% of the gross floor area.
10. 
The Board of Supervisors may impose restrictions on access to the facility, storage of materials on the premises, hours of operation, and other such matters as they deem necessary to ensure that there is not adverse impact upon the functioning of the district or adjacent parcels.
[Ord. No. 477, 5/11/2021]
A large wind energy facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The layout, design, and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories, the American Standards Technical Manual, or other similar certifying organizations, and shall comply with the Pennsylvania UCC, Act 45 of 1999, as amended and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
2. 
Large wind energy production facilities shall not generate noise which exceeds 55 dBa measured at any property line.
3. 
All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.
4. 
All large wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff regulation shall not be considered a sufficient braking system for overspeed protection.
5. 
Large wind energy production facilities shall not be artificially lighted, except to the extent required by the FAA.
6. 
Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.
7. 
Wind turbines and towers shall be a nonobtrusive color, such as white, off-white, or gray.
8. 
All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent lot.
9. 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
10. 
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
11. 
No portion of any large wind energy production system shall extend over parking areas, access drives, driveways, or sidewalks.
12. 
All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street ROW, or overhead utility line.
13. 
The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.
14. 
All large wind energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.
15. 
The large wind energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the lot. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.
[Ord. No. 477, 5/11/2021]
A winery shall be a permitted conditional use subject to the following express minimum standards and criteria:
1. 
The minimum lot size required is 10 acres.
2. 
Winery operations shall be conducted in accordance with all applicable federal, state, county, and Township laws and regulations governing the production of crops and related operations.
3. 
A business established as a winery shall have one point of ingress and egress to a public road ROW. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicles.
4. 
Indoor and outdoor display areas associated with retail activity shall not exceed a total of 3,000 square feet in gross floor area. Display areas within parking lots and outdoor storage areas shall be included within the calculated gross floor area.
5. 
The minimum number of required parking spaces shall not be utilized for display areas and/or outdoor storage areas.
6. 
To promote adequate vehicular safety and circulation, an entrance drive surfaced with bituminous brick, concrete, or stabilized aggregate shall be constructed between the nearest public road ROW and the retail area. The entrance drive shall be a minimum of 20 feet wide. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.
7. 
No more than one identification sign associated with advertising the winery shall be permitted. The identification sign shall be a ground or wall sign and shall have a maximum graphic area of 40 square feet.
8. 
The minimum distance between buildings shall be 30 feet.
9. 
The maximum length of any building shall be no more than 200 feet.
10. 
No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted on the lot(s), with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.
11. 
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future LOS and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
[Ord. No. 477, 5/11/2021]
Modifications to a bufferyard shall be a permitted conditional use subject to the following minimum standards and criteria:
1. 
A minimum of 75% of each type of plant (tree, shrub, and ground cover) required within the standard bufferyard for the development shall be planted within the modified bufferyard area.
[Ord. No. 477, 5/11/2021]
A use not expressly listed as a permitted use, conditional use, or use by special exception may be permitted as a conditional use upon the applicant's demonstration that the proposed use:
1. 
Impacts the environment and adjacent streets and properties equal to or less than any use specifically listed in the zoning district. In making such determination, the Board of Supervisors shall consider the following characteristics of the proposed use:
A. 
The number of employees.
B. 
The floor area of the building or gross area of the lot devoted to the proposed use.
C. 
The type of products, materials, equipment, and/or processes involved in the proposed use.
D. 
The magnitude of walk-in trade.
2. 
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards outlined in Part 7. A trip generation letter must be provided if a certain threshold of trips is projected and will require a traffic study.
3. 
The proposed use will not endanger the public health and safety if located where proposed and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare, or vibration.
4. 
The proposed use is in general conformity with the Comprehensive Plan and harmony with the area in which it is proposed.
5. 
The proposed use complies with any applicable standards and criteria specified in this Part 6 for the most nearly comparable conditional uses or use by special exception specifically listed in the zoning district in which it is proposed.
6. 
The proposed use is in compliance with all other standards of this chapter and all other Township ordinances.