In expansion of the statement of community development objectives contained in § 300-2 of this chapter, it is hereby declared to be the intent of this article with respect to M-2 Manufacturing Industrial Districts to establish reasonable standards of performance for the provision and maintenance of general manufacturing and heavy industrial uses in the Oaks area of the Township, where historic locational factors and accessibility to the regional transportation network offer primary sites for such intensive activities. Furthermore, it is the intent of this district to provide buffering requirements and building and parking setbacks to ensure that such uses will cause minimal conflicts with adjacent residential development in the Oaks area in furtherance of the general welfare of neighborhood residents and of the residents of Upper Providence Township.
In an M-2 Manufacturing Industrial District, a building or group of buildings may be erected, altered or used and a lot may be used or occupied for any of the following uses and no other:
A. 
Any use permitted in the M-1 Office and Limited Industrial District.
B. 
The manufacturing, fabrication, assembly, processing and packaging of natural and man-made materials, chemicals, synthetics and other organic and inorganic products, except those uses specifically prohibited in Subsection E herein.
C. 
A public or governmental utility building or use, including a storage yard, repair shop or similar use.
D. 
A warehouse or materials storage area, either open or enclosed, including a junkyard, with appropriate screening as defined herein.
E. 
Any use of the same general character as the above permitted uses, except that in no case shall the following uses or any use substantially similar thereto be permitted: an abattoir; the bulk storage of explosives; a fat rendering operation; wood or wood pulp processing; petroleum refining; leather processing: the manufacture of asphalt, explosives, fertilizer, linoleum or rubber or a dump, incineration or reduction of garbage, except a sanitary landfill operated in accordance with the requirements of the Pennsylvania Department of Environmental Protection.
[Amended 6-2-2008 by Ord. No. 490]
F. 
Any use permitted in the CRSC Community and Regional Shopping Center District, provided that § 300-525, District regulations, are met, and specifically the Site Development Requirements established for the category "Regional Shopping Center" within said section are utilized.
[Added 5-4-1987 by Ord. No. 264; amended 3-16-1992 by Ord. No. 309]
(1) 
Any Community and Regional Shopping Center must be a portion of a total site containing at least 100 acres in single and separate ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction in accordance with an approved master plan. Seventy-five percent of the site area shall be located within a one-mile radius of an interchange of a limited-access highway. Such one-mile radius shall be measured from the point at which the center of the limited-access highway intersects with the center of a public road connected to the limited-access highway.
(2) 
Any property having Community and Regional Shopping Center uses must first file a master plan for the entire property in the form provided in § 300-456, and specifically following the requirements in said section, with the exception of those in Subsections C and E, of this chapter as a prerequisite for approval. In addition, the master plan shall specifically allocate commercial and industrial development areas and delineate separations between uses, as well as required parking associated with each use area, and provide a general landscape and buffer plan and a circulation plan that would segregate automobile and truck traffic from each other as well as commercial access from access to the industrial development areas. Any required buffer areas shall conform to the greater requirement of the CRSC or M-2 District.[1]
[1]
Editor's Note: Original § 182-122F(3) of the 1990 Code, which provided that all CRCS uses shall be contiguous and uninterrupted by M-1 or M-2 uses, which immediately followed this subsection, was repealed 3-15-2004 by Ord. No. 436.
(3) 
The following uses shall not be permitted on any portion of a property which is submitted for CRSC uses within the M-2 District:
(a) 
Dry-cleaning plants.
(b) 
Special exception uses under § 300-541A.
(c) 
The manufacturing, fabrication, assembly, processing, packaging and handling of chemicals.
(d) 
Junkyards.
(e) 
Sanitary landfills.
(f) 
Animal hospitals and kennels.
(4) 
Upon approval of a final development plan for CRSC use pursuant to this section, all CRSC uses shall not exceed 80% of the gross buildable area identified in the master plan, unless the balance of M-1 and M-2 uses shall terminate within two years from the date which the development attained 80% occupancy by CRSC uses.
[Amended 3-15-2004 by Ord. No. 436]
(5) 
In the case of a property used for CRSC development pursuant to this section, whenever any M-1 and M-2 use(s) is subject to the performance standards contained in §§ 300-543 and/or 300-561 of this chapter, in any instance where reference is made to "the property line" of the development site or "the district boundary line" of the M-2 District, those lines shall be construed to also include the line separating the CRSC uses from the M-1 and M-2 uses. This line shall be that line separating said uses, as designated on the master plan required pursuant to Subsection F(2) of this section, and as said master plan may be subsequently amended. This line shall be subject to the approval of the Board of Supervisors.
G. 
Any use not specifically permitted nor prohibited in any zoning district as included in this chapter may be permitted by special exception in the M-2 District, provided that it meets all performance standards contained in § 300-561 herein and all other requirements of this district.
[Added 12-16-1991 by Ord. No. 307]
H. 
Any use for which there is insufficient available land in the district in which the use is normally permitted may be permitted by special exception in the M-2 District, provided that it meets all performance standards contained in § 300-561 herein and all other requirements of this district.
[Added 10-17-1994 by Ord. No. 329]
I. 
Communications antennas mounted on a communications tower and communications equipment buildings, only upon a showing, in addition to any other that may be required under this chapter, that is not feasible to mount the communications antenna on an existing public utility transmission tower, existing building or other existing structure. Communications antennas shall conform to the requirements of § 300-25 and communications towers shall conform to the requirements of § 300-25.
[Added 6-1-1998 by Ord. No. 372]
[Added 8-6-2001 by Ord. No. 405]
The following conditional uses shall be permitted:
A. 
Heliports, subject to the specific requirements set forth in §§ 300-24 and 300-60 of this chapter.
B. 
Museums, provided that the museum is at least 75,000 square feet, and subject to the specific requirements set forth in § 300-60.
[Added 3-7-2010 by Ord. No. 514]
[Amended 6-2-2008 by Ord. No. 490]
Notwithstanding the applicable laws and regulations of the United States Environmental Protection Agency and the Pennsylvania Department of Environmental Protection, the following performance standards shall be used by the Board of Supervisors, Township Planning Commission and Township Engineer in reviewing the suitability and possible hazardous impacts of a proposed use within the M-2 Manufacturing Industrial District.
A. 
In determining whether a proposed use is or may become noxious, hazardous or offensive, the following standards shall apply. The proposed use shall not:
(1) 
Constitute a nuisance or damage to health or any property by reason of dissemination of toxic, noxious by corrosive fumes, smoke, odor or dust in the immediately surrounding area or, in the case of M-2 Manufacturing Industrial District, beyond the district boundary line.
(2) 
Result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line or, in the case of M-2 Manufacturing Industrial District, beyond the district boundary line.
(3) 
Endanger surrounding areas by reason of radiation, fire or explosion.
(4) 
Produce objectionable heat or glare beyond the property line or, in the case of an M-2 Manufacturing Industrial District, beyond the district boundary line.
(5) 
Result in electrical disturbance in nearby residences or adversely affect the operation of equipment other than on the property on which the disturbance is located.
(6) 
Discharge any untreated sewage or industrial waste into any stream or the Schuylkill River or otherwise contribute to the pollution of surface or underground waters.
(7) 
Endanger the underground water level or supply for other properties.
(8) 
Create an objectionable traffic condition on the highway or in an adjacent area or generate a nuisance to surrounding property by reason of truck traffic.
(9) 
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the environmental quality of the surrounding area.
B. 
The applicant shall demonstrate to the Township Engineer that:
(1) 
The proposed use(s) will comply with the standards contained in Subsection A herein.
(2) 
Adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use(s) will not be noxious, hazardous or offensive as defined in Subsection A herein.
C. 
The Township Engineer may require, in order to determine that adequate safeguards are provided, that:
(1) 
The applicant submit necessary information, impartial expert judgments and written assurances.
(2) 
The applicant obtain the advice of appropriate local, state and federal agencies and of private consultants.
(3) 
The applicant's proposed use(s) comply with such tests or provide such safeguards as are deemed necessary by the Board of Supervisors, upon the advice of the Township Engineer.
The following regulations shall apply for any development proposal within the M-2 Manufacturing Industrial District:
A. 
General regulations. The following general regulations shall apply for any development proposal within the M-2 Manufacturing Industrial District:
(1) 
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan. The transfer of ownership to another applicant prior to the commencement of construction shall render the development agreement required in Subsection A(4) herein void. Said agreement shall then be renegotiable between the new owners and the Board of Supervisors.
[Amended 12-16-1991 by Ord. No. 307]
(2) 
Sewer and water facilities. The tract of land shall be served by public sewer facilities and water facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
(3) 
Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans shall also comply with all requirements of Chapter 270, Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4) 
Development stages and permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
A. 
The following site development requirements shall be complied with for a development proposal in the M-2 Manufacturing Industrial District:
Site Development Requirements
Dimensions
Minimum tract sizea (acres)
5
Minimum widthb (feet)
250
Minimum building setbacksc (feet)
1001
1502
503
04
Minimum parking setbacksd (feet)
501
1002
153
04
Maximum impervious coveragee
90%
Maximum building coverage
60%
Maximum height (feet)
50
NOTES:
a
Excluding the rights-of-way of existing public roads.
b
Measured along the building line.
c
Measured from:
1
The ultimate right-of-way line.
2
An abutting residential or institutional district boundary line.
3
An abutting commercial or industrial district boundary line.
4
With zero lot line development, a building may be constructed so that one wall may be coincidental with one lot line, provided that the requirements of § 300-545C herein are met.
d
Measured from:
1
The ultimate right-of-way line.
2
An abutting residential or institutional district boundary line.
3
An abutting commercial or industrial district boundary line.
4
With shared parking and loading facilities.
e
The total paved and developed area of a tract.
B. 
Zero lot line development regulations. On those lots on which buildings may be constructed on the lot line wherein only one side yard is required pursuant to the minimum side yard provision contained in Subsection A herein, the following regulations shall apply:
[Added 9-20-1982 by Ord. No. 231]
(1) 
No building wall situated on a lot line shall contain windows, doors, loading areas or other openings.
(2) 
The roof shall not be drained toward a wall situated on a lot line.
(3) 
No building wall shall be placed on a side lot line unless access is provided onto the abutting property to allow for inspection, maintenance and repair to the building wall and foundation. Provision for access shall be guaranteed by irrevocable easement or other legal mechanism to the satisfaction of the Township Solicitor.
(4) 
Structures on abutting lots may be built along their common lot line, creating a party wall between the abutting uses.
The following additional development regulations shall apply for any development proposed in the M-2 Manufacturing Industrial District:
A. 
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
B. 
Signs. Advertising signs and billboards are permitted as special exception uses in the M-2 Industrial District. All signs in this district, including advertising signs and billboards, shall be subject to the requirements of Article XXXIII, Signs, of this chapter.
[Amended 12-2-1985 by Ord. No. 249]
C. 
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the M-2 manufacturing industrial development without causing undue confusion or interference with the normal traffic flow. The Township Planning Commission, with the advice of the Township Engineer, shall satisfy itself as to the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed M-2 manufacturing industrial development, as well as to the street frontage of the proposed development.
D. 
Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of Chapter 270, Subdivision and Land Development, of the Code of the Township, § 270-76.
[Amended 6-3-2002 by Ord. No. 416]
E. 
Trash and refuse areas. Provision shall be made for the storage of trash, refuse and garbage either inside the building(s) or within a walled area outside the building(s). The walls of such trash and refuse area(s) must shield the trash and refuse from the direct view of any adjacent property and must be at least six feet in height.
F. 
Landscaped planting and buffer areas. Along a side or rear property line which is adjacent to a residential or institutional district, the owner shall place and maintain a Buffer Type 2 as described in § 270-68D(5) of Chapter 270, Subdivision and Land Development.
[Amended 8-1-2011 by Ord. No. 517]
G. 
Off-street parking and loading facilities. All off-street parking facilities serving a proposed M-2 industrial development shall comply with the pertinent requirements of Article XXXII, Off-Street Parking and Loading, hereof. All off-street loading facilities shall comply with § 300-581.
H. 
Minimum distance between buildings. The minimum distance between a building or group of buildings shall be 25 feet, except that all structures connected by common roof lines or covered walkways shall be considered as one building.
All proposals for developments within the M-2 Industrial District shall comply with the pertinent requirements of Chapter 270, Subdivision and Land Development, concerning nonresidential developments.