A. The purpose of this article is to regulate specific
uses, including uses by right, uses subject to land development review,
and conditional uses, because of the potential impacts to surrounding
properties. These restrictions are applied to mitigate impacts, including
noise, off-site parking, traffic, unsightliness, odors, dust, and
fumes. The regulations promote the public health, general safety,
and neighborhood character of the immediate neighborhood and the larger
community.
B. The Board of Supervisors may, in approving a conditional
use, waive any of the requirements imposed by this article or add
additional reasonable conditions when it finds such action is deemed
necessary by reason of the unique physical conditions of the particular
property or by reason of the particular character of surrounding properties
to implement the purpose of the Pennsylvania Municipalities Planning
Code or the general purposes of this chapter.
C. For uses by right, including uses that require land
development review, a variance from the Zoning Hearing Board shall
be required to waive any of the requirements imposed by this article.
Prior to making a determination, the Board of Supervisors and the
Zoning Hearing Board shall have a recommendation from staff addressing
the following:
(1) The size and intensity of such use.
(2) The capacity of adjacent and feeder streets to handle
peak traffic loads and hazards created by the use as recommended by
a traffic consultant.
(3) Unusual topography of the location, the nature, location
and height of buildings, walls, stacks, fences, grades and landscaping
on the site.
(4) The extent, nature and arrangement of parking, entrances
and exits.
(5) Adequacy of fire and police protection.
(6) The availability of adequate sewer and water supply.
(7) All other standards prescribed by these regulations.
[Amended 11-16-2009 by Ord. No. 352]
Accessory uses or structures are permitted in any zoning district
in connection with any principal use lawfully existing within such
district. No accessory use or accessory structure shall be established
or constructed until the primary use or structure is constructed,
unless evidence of compliance of such use or structure shall have
first been determined.
A. When a residential use is the principal use within any zoning district,
the following accessory uses or accessory structures are permitted:
[Amended 3-15-2021 by Ord. No. 393]
(6) Detached private residential garage;
(7) Freestanding deck (not attached to the principal structure);
(10)
Guesthouse, which does not include kitchen facilities; provided,
however, that such structures are used only for the housing or occasional
housing of guests of the occupancy of the principal building and not
as rental units or for permanent occupancy as dwelling or rooming
units for persons other than such guests;
(11)
Living quarters for employees working on the premises of a single-dwelling
unit may be housed within an accessory structure, provided that all
the requirements of this chapter and the Pennsylvania Uniform Construction
Code are complied with;
(14)
Private swimming pool and/or bathhouse limited to use by the
occupants of the principal structure and their guests;
(16)
Sports courts which are limited to use by the occupants of the
principal structure and their guests, provided that the illumination
of such courts meets the limitations found elsewhere in the chapter;
(18)
Storage, tool or utility shed;
(19)
Structures for housing household pets; and
(20)
Wind energy conversion systems.
B. Quantity of accessory uses or accessory structures per principal use: one each of any of the accessory uses or accessory structures, Subsection
A(1) through
(20) above, may be permitted on a single lot containing a residential use, except that one additional picnic pavilion or storage, tool or utility shed may be located on a single lot for each five acres of land within such single existing lot.
C. Required yards.
(1) Accessory structures shall not be erected and accessory uses may
not be conducted within accessory structures which have been erected,
altered, enlarged, or maintained in required front yards.
(2) Detached accessory structures may be erected within the required side or rear yards, provided that such an accessory structure is not located closer than 20 feet to the rear lot line or 10 feet to the side lot line, except that accessory structures used for agricultural uses shall conform to the requirements of §
84-30 of this chapter.
(3) Swimming pools or accessory pool structures thereto shall not be
located closer than 20 feet to any lot lines of the lot on which the
principal structure is located.
[Amended 8-5-2013 by Ord. No. 366]
D. Not authorized as accessory uses and/or accessory structures.
(1) Adult-oriented establishments shall not be considered accessory uses or uses permissible within accessory structures and shall be allowed only as a conditional use, subject to the specific provisions and requirements of §
84-29 of this chapter.
(2) Alcohol rehabilitation clinics shall not be considered accessory uses or uses permissible within accessory structures and shall be allowed only as a conditional use, subject to the specific provisions and requirements of §
84-31 of this chapter.
(3) Communications facilities, communications towers, telecommunications equipment buildings, pole-mounted/shared use communications facilities and collocation/shared use communications facilities shall not be considered accessory structures or accessory uses and shall be allowed only as a conditional use, subject to the specific provisions and requirements of §
84-42 of this chapter.
(4) Kennels (outdoor or indoor) shall not be considered accessory structures
or accessory uses and shall be allowed only subject to the specific
applicable provisions and requirements regarding kennels (outdoor
or indoor) otherwise respectively set forth in this chapter.
(5) Methadone treatment facilities shall not be considered accessory structures or accessory uses and shall be allowed only as a conditional use, subject to the specific provisions and requirements of §
84-62 of this chapter.
(6) Mobile home parks shall not be considered accessory structures or accessory uses and shall be allowed only as a conditional use, subject to the specific provisions and requirements of §
84-64 of this chapter.
(7) Natural gas compressor stations, natural gas processing plants, and oil and gas development shall not be considered accessory structures or accessory uses and shall be allowed only as a conditional use, subject to the specific provisions and requirements of §
84-70.1 of this chapter.
[Added 3-15-2021 by Ord. No. 393]
(8) Outdoor advertising signs shall not be considered accessory uses or accessory structures and shall be allowed only as a conditional use, subject to the specific provisions and requirements of §
84-71 of this chapter.
E. If an accessory structure or building is attached to the principal
structure, then it shall be considered part of the principal structure
and shall be subject to all requirements relating to the principal
structure. Detached accessory structures shall maintain a separation
of at least 10 feet from the principal structure, and such detached
accessory structures shall not exceed the gross square footage footprint
of the principal structure.
F. Not considered an accessory use and/or accessory structure. The following,
when associated with a residential use, shall not be considered an
accessory use or accessory structure:
(1) Dish antenna of one meter or less in diameter;
(2) Fences, walls, and hedges six feet in height or less;
(3) Handicapped ramps, provided the ramp does not obstruct access to
otherwise required parking;
(4) Piers or the like used as entrance features or mailbox supports;
(5) No-impact home based business; however such are subject to the additional requirements for specified conditional uses in §
84-67 of this chapter; and
G. For nonresidential uses in the B-1, C-1 and C-2 Zoning Districts,
the following accessory uses or structures are allowed with conditional
use approval:
(2) Decks, patios, terraces, and other outdoor areas used for sealing
or dining associated with a permitted nonresidential use, so long
as the deck, patio, terrace, or other outdoor area is no greater than
25%. of the area of the permitted indoor area (unless such area was
approved as a part of a Land Development approval);
(3) Dish antenna of two meters or greater in diameter;
(4) Parish houses when associated with a place of worship; and
(5) Temporary outdoor display of retail merchandise.
H. For nonresidential uses in the B-1, C-1 and C-2 Zoning Districts,
the following are not considered accessory uses/structures, but are
required to comply with the requirements of the Code of the Township
of Pine:
(1) Vending machines; provided, however, that the vending machine(s)
shall not be located within any required setback area and, also, shall
not located within 150 feet of any residential zoning district nor
face any residential zoning district (or interfere with any sidewalk
or walkway area), and be limited to only one vending machine for each
product type per principal building or use;
(2) Dish antennas of two meters or less in diameter;
(3) Fences, walls, and hedges six feet in height or less;
(4) Fire escapes, but only when attached to that portion of the structure
bordering on the side or rear yard;
(6) Walk-up service windows facing any public right-of-way when accessory
to a permitted commercial use; and
(7) Wind energy conversion systems, subject to land development review
and approval.
An adult-oriented establishment may be authorized by the Board of Supervisors upon a finding that compliance with Chapter
90, the requirements of this chapter, as well as the following criteria, have been established by the applicant.
A. Location.
(1) There shall only be one adult-oriented business permitted
on a single lot or parcel.
(2) Adult-oriented business shall be allowed in the C-1
District only.
(3) No adult-oriented establishment shall be located within
100 feet from any land or lot in the following Township of Pine zoning
districts: E-1, S-1, R-1, R-2, R-3 or from any parcel of land or lot
used principally as a residential use, whether situate in the Township
of Pine or otherwise.
(4) The use as an adult-oriented establishment shall not
create an enticement for minors because of its proximity to nearby
uses where minors may congregate.
(5) An adult-oriented establishment shall be located only
in buildings that have their main entrance facing upon Route 19 and
such entrance shall be the entrance used for the adult-oriented business.
B. Measuring separation requirements.
(1) The separation requirements in this subsection shall
be measured from the lot line of an adult-oriented business to the
lot line of a protected land use or other adult-oriented business
listed.
(2) Where a multitenant facility such as a shopping center
is involved, measurement shall occur from the boundary of the leasehold
interest instead of the property line.
(3) The distance between any two adult-oriented establishments
shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior parcel line of
each such establishment.
(4) The distance between any adult-oriented establishment
and the protected land uses in this section shall be measured in a
straight line without regard to intervening structures from the closest
point on the exterior parcel line of each such establishment to the
closest point on the exterior parcel of the protected land use.
C. Separation requirement.
(1) An adult-oriented establishment shall not be permitted
to locate within 1,500 feet of any other adult-oriented establishment
whether such other adult-oriented establishment is situate in the
Township of Pine or otherwise.
(2) No adult-oriented establishment shall be located within
600 feet of any parcel of land or lot, situate in the Township of
Pine or otherwise, which contains any one or more of the following
specified protected land uses:
(i)
Public and semipublic uses;
(j)
Public or private school;
D. Hours of operation. An adult-oriented establishment
may be open for business Monday through Saturday from 10:00 a.m. to
12:00 midnight. No adult-oriented establishment shall be open at any
times on Sunday or on a legal holiday as per the Act of May 31, 1893,
P.L. 188, § 1, as amended, 44 P.S. § 11.
E. Display of materials.
(1) No materials or merchandise of any kind offered for
sale, rent, lease or loan or for view upon the premises of an adult-oriented
establishment shall be exhibited or displayed outside of a building
or structure.
(2) Any building or structure used or occupied as an adult-oriented
establishment shall be windowless or have an opaque covering over
all windows or doors of any area in which materials, merchandise or
film is exhibited or displayed and no materials or merchandise of
any kind shall be visible from outside of the building or structure.
F. Signage.
(1) Each entrance of an adult-oriented establishment shall
be posted with a conspicuous written notice specifying that persons
under the age of 18 are not permitted to enter and warning all other
persons that they may be offended upon entry.
(2) An adult-oriented business shall have no more than
one wall sign.
(3) The sign shall conform to the provisions of §
84-121, but shall contain no photographs, silhouettes, drawings or pictorial representations of any manner and may contain only the following:
(a)
The name of the establishment and/or one or
more of the following phrases:
(b)
The wall sign for adult movie theaters may contain
the additional phrase "movie titles posted inside premises."
(c)
Each letter forming a word on a wall sign shall
be a solid color and each such letter shall be the same print type,
size, and color. The background behind such letter on the display
surface of the wall sign shall be a uniform, solid color.
Agricultural uses in the E-1, S-1, or any R
District shall be subject to the following requirements:
A. Lot area.
(1) Unless otherwise specified, agricultural uses include
all standard agricultural practices, provided that the lot area shall
be not less than five acres. Agricultural uses shall include farm
buildings and structures, greenhouses and roadside stands for the
sale of products raised on the lot.
(2) Horses, ponies, cattle, goats, and any grazing animal
shall not be kept, stabled or corralled on any lot less than five
acres.
(3) Fowl shall not be permitted on any lot less than five
acres.
(4) For commercial hog raising, the minimum lot area shall
be not less than 50 acres, and the hog-raising use shall not be conducted
closer than 500 feet to any adjacent lot line.
B. Side yard. Farm buildings and structures (other than
dwellings), greenhouses and accessory structures shall not be erected
closer than 50 feet to any adjacent lot line nor closer than 100 feet
to a street right-of-way line.
An alcohol rehabilitation clinic may be authorized
by the Board of Supervisors as a conditional use upon a finding that
compliance with the requirements of this chapter, as well as the following
specific criteria, have been established by the applicant.
A. Alcohol rehabilitation clinics shall have frontage
on and direct access to an arterial or connector road.
B. The site shall be served by public water and public
sewer.
C. No alcohol rehabilitation clinic may be operated within
500 feet of a residential zoning district.
D. A buffer yard shall be provided in accordance with §
84-111.
E. All alcohol rehabilitation clinics shall be licensed
by the Commonwealth of Pennsylvania.
Animal day care shall be subject to the following
requirements:
A. All animal day care shall comply with the appropriate
health regulations prior to the issuance of any permit.
B. No outdoor area for the use of animals shall be permitted.
Animal hospitals may be authorized by the Board
of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant.
A. All animal hospitals shall comply with the appropriate
health regulations prior to the issuance of any permit.
B. No outdoor area for the use of animals shall be permitted.
Automotive dealerships, new and used, may be
authorized by the Board of Supervisors as a conditional use upon a
finding that compliance with the requirements of this chapter, as
well as the following specific criteria, have been established by
the applicant:
A. The minimum site area shall be two acres.
B. No such use shall be located within 50 feet of any
residential district boundary line.
C. No vehicle or other merchandise displayed outdoors
shall be closer than five feet to any property line, buffer yard or
right-of-way line. No vehicle shall be parked on adjacent property
or in any public right-of-way, and adequate spacing of vehicles and
merchandise shall be maintained to allow access around vehicles and
merchandise.
D. The site shall have frontage on and direct vehicular
access to an arterial or collector street.
E. All lots used for the outdoor display of automobiles
shall have a completely enclosed building on the same lot which has
not less than 2,000 square feet of gross floor area where all repairs,
servicing, sales and customer car washing shall be performed.
F. Storage.
(1) Outdoor vehicle storage shall be surfaced with an
asphalt or portland cement binder pavement providing an all-weather,
durable and dustless surface and shall be graded and drained to dispose
of surface water accumulation by means of a positive stormwater drainage
system.
(2) Customer vehicles with external damage awaiting repairs
shall be stored either inside a building or in an outdoor area, which
is screened by a six-foot hedge or opaque fence.
(3) All permanent storage of material, merchandise and
equipment shall be within the principal building, with the exception
of refuse and trash which shall be stored in closed containers and
in an area screened from view at all points on any public or private
property or street when viewed from ground level.
G. Landscaping.
(1) A buffer yard shall be provided along all boundary
lines.
(2) Such buffer yard shall be in conformity with the standards for the same set in §
84-111 of this chapter.
(3) The buffer yard shall be along abutting property to
block any view of repair operations and stored material and equipment
from all points on such property when viewed from ground level.
(4) Landscaping areas shall be a minimum of 10 feet in
width along all street frontage(s) and adjacent properties.
H. 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.
I. No strings of lights or flags, flashers or other display
paraphernalia shall be permitted on the lot, on any of the structures
or poles or on merchandise displayed outdoors, except for such signs
as may be otherwise allowed by this chapter.
J. Repairs.
(1) All repairs shall occur in an entirely enclosed building.
(2) 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 of Pennsylvania.
Bed-and-breakfast establishments may be authorized
by the Board of Supervisors as a conditional use upon a finding that
compliance with the requirements of this chapter, as well as the following
specific criteria, have been established by the applicant.
A. The owner/operator of shall live on premises of the
bed-and-breakfast establishment.
B. No alteration to either the exterior or the interior
of any principal or accessory structure shall be made which changes
the character and appearance of the residential premises.
C. No sign, other than one unlit address sign, not more
than two square feet in area, shall be permitted.
D. The bed-and-breakfast establishment shall obtain and
maintain licenses from the appropriate state and county agencies.
E. The maximum number of overnight guests shall not exceed
two per bedroom. In no case, shall more than a total of eight guests
be permitted in each bed-and-breakfast establishment.
F. Guest parking shall include one off-street parking space for each bedroom as outlined in §
84-116. Off-street parking shall not be located in any minimum required front yard or be located a minimum of 10 feet from any property line and shall be screened by a six-foot compact hedge or opaque fence.
G. Meals shall be served to overnight guests only.
H. No events, meetings or other activities for people
who are not overnight guests shall be permitted.
Car washes shall be subject to the following
requirements:
A. All machine washing and machine drying operations
shall be conducted within a building.
B. The building exit for automobiles that have completed
the washing and machine drying process shall be set back a minimum
of 50 feet from the nearest point of any street property line.
C. No washing, vacuuming, steam cleaning, waxing, polishing
or machine drying operation, and no building within which such operations
are conducted, shall be permitted within 100 feet of any residential
district.
D. All lot lines abutting or adjacent to residential
districts or uses shall be screened by a solid masonry wall or fence
not less than four feet or more than six feet in height.
E. Front yards shall be landscaped subject to the requirements applying to all districts in §
84-111.
F. All entrance and exit lanes and parking areas shall
be surfaced with an asphalt or portland cement binder pavement so
as to provide a durable and dustless surface, and shall be so graded
and drained as to dispose of all surface water accumulation.
G. Queuing lane(s) for each bay shall be provided subject to the requirements applying to all districts in §
84-117.
H. All car washes shall connect to public sewers.
Carriage homes, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant.
A. A carriage home development must be a minimum of five
acres.
[Amended 11-16-2009 by Ord. No. 352]
B. A carriage home development shall have a maximum density
of no greater than six such units per acre.
[Amended 11-16-2009 by Ord. No. 352]
C. There shall be no more than four carriage home units
in any structure.
D. Common open space.
(1) A minimum of 15% of the land area of the development
site shall be designated as common open space. The calculation of
such common open space shall specifically not include streets, parking,
rights-of-way, detention ponds, or access to detention ponds. Any
land lying within 15 feet of any building shall also not be considered
part of the required common open space.
(2) The common open space shall be developed and maintained subject to the standards set forth in §
84-119 of this chapter and shall contain the park and recreation facilities mandated therein.
E. Each carriage home unit shall have an attached garage
of sufficient size to accommodate two vehicles.
Cemeteries shall be subject to the following
requirements.
A. No gravesite shall placed where wetlands exist or
are suspected.
B. No crematoriums shall be operated within 1,000 feet
of a residential dwelling.
C. If a gravesite causes the removal of a tree of significance, the cemetery is responsible for mitigation as outlined in §
78-48 of the Township of Pine Code.
Civic clubs, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant:
A. The minimum site required shall be one acre.
B. Any outdoor recreation area adjoining a residential use or zoning district shall be screened by a buffer yard, which shall be in conformity with the provisions set forth in §
84-111 of this chapter.
C. Any outdoor storage of materials or equipment or other
activity, which is required to be done outdoors, such as composting,
chipping or recycling, shall be screened from adjoining residential
properties by a six-foot opaque fence and by a buffer yard.
D. All other activities and operations shall be conducted
within a completely enclosed building.
E. Ingress and egress shall be designed to maximize sight
distance along adjacent public streets.
A college, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant:
A. The site shall have frontage on and direct vehicular
access to an arterial or collector street.
B. Ingress, egress, and internal traffic circulation
shall be designed to minimize hazards and congestion and provide for
adequate emergency vehicle access.
C. A buffer yard shall be provided in accordance with the requirements of §
84-111 of this chapter and along all property lines that adjoin residential uses or districts.
D. Outdoor recreation facilities shall be located a minimum
of 300 feet from any property line adjoining a single-family dwelling.
A commercial or public garage or lot may be
authorized by the Board of Supervisors as a conditional use upon a
finding that compliance with the requirements of this chapter, as
well as the following specific criteria, have been established by
the applicant:
A. Commercial or public parking garage or lot shall be
used exclusively for parking of passenger vehicles.
B. Commercial or public parking garages or lots shall
be equipped and controlled to discourage illegal parking, vandalism,
and other unlawful or nuisance-creating activities. When so equipped
and controlled, such lots and garages may be open 24 hours a day.
C. No commercial repair work or services of any kind
shall be conducted in any commercial or public parking garages or
lots.
D. No sign of any kind other than designating entrances,
exits and conditions of use shall be maintained on any commercial
or public parking garages or lots.
[Amended 2-2-2015 by Ord.
No. 373; 3-15-2021 by Ord. No. 393]
A. Purposes and findings of fact.
(1) The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in the Township of Pine (also referred to herein as the
"Township"). While the Township recognizes the importance of wireless
communications facilities in providing high-quality communications
service to its residents and businesses, the Township also recognizes
that it has an obligation to protect public safety and to minimize
the adverse visual effects of such facilities through the standards
set forth in the following provisions.
(2) By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities and small wireless facilities in the Township,
including facilities both inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited
to, small wireless facilities, distributed antenna systems, data collection
units, cable Wi-Fi and other wireless communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(f)
Ensure the structural integrity of commercial communications
antenna support structures through compliance with applicable industry
standards and regulations; and
(g)
Promote the health, safety and welfare of the Township's residents.
B. General and specific requirements for nontower wireless communications
facilities (nontower WCFs) outside the public rights-of-way.
(1) All applicants seeking to construct, erect, or relocate a nontower
WCF outside the public rights-of-way shall comply with the following
regulations. A written narrative that addresses how the applicant
will meet each of the regulations listed below shall be submitted
with a conditional use application, unless the proposed facility falls
under the provisions of the Pennsylvania Wireless Broadband Co-location
Act.
(2) Conditional use application. A conditional use application shall
be completed by any applicant desiring to place a nontower WCF outside
the public ROW onto a wireless support structure that does not already
hold a nontower WCF. The application shall be submitted to the Township
and shall demonstrate that the proposed facility meets all of the
following specifications:
(a)
Location. Nontower WCF outside the public ROW are permitted
in all zones subject to the restrictions and conditions prescribed
below and subject to the prior written approval of the Township.
(b)
Prohibited on certain structures. Nontower WCF shall not be
located on single-family detached residences, single-family attached
residences, or any residential accessory structure.
(c)
Historic buildings. No nontower WCF may be located on a building
or structure in an historic district that is listed on either the
National or Pennsylvania Registers of Historic Places, or is eligible
to be so listed, or is listed on the official historic structures
and/or historic districts list maintained by the Township, or has
been designated by the Township to be of historical significance.
(d)
Nontower WCF shall be located on existing structures, subject
to the following conditions:
[1]
The installation of such nontower WCF does not cause the underlying
support structure to exceed the maximum height permitted in the underlying
zoning district by more than 20 feet.
[2]
Nontower WCF applicants must submit documentation to the Township
justifying the physical dimensions of the antenna and any accompanying
related equipment. Such documentation shall be analyzed on an individual
basis.
[3]
Nontower WCF shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the applicant
shall be subject to the written standards promulgated by the Township
and the approval of the Township.
[4]
If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district. A security fence of a minimum height of six feet shall surround any separate communications building and the proposed site and building shall comply with the applicable standards contained in Chapter
78 of the Code of the Township of Pine.
[5]
The nontower WCF applicant shall present documentation to the
Township that the owner of the property has granted an easement for
the proposed WCF and that vehicular access will be provided to the
facility.
(e)
Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences for their personal, private use shall be exempt from the provisions of this §
84-42.
(f)
Public safety communications. The applicant shall submit proof
that the proposed antenna will not interfere with public safety communications
or the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
(3) Relocation or removal.
(a)
The removal and replacement of nontower WCF and/or accessory
equipment for the purpose of upgrading or repairing the antenna is
permitted, so long as such repair or upgrade does not increase the
overall size of the support structure or number of nontower WCF.
(b)
Any material modification to a nontower WCF shall require a
prior amendment to the original permit authorization.
(4) Financial security. Prior to receipt of any permit or approval for
the construction or placement of a nontower WCF, the applicant shall
provide to the Township financial security sufficient to guarantee
the removal of the proposed antenna. Said financial security shall
remain in place until the antenna is removed.
(5) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the nontower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this §
84-42. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(6) Inspection. The Township reserves the right to inspect any nontower WCF, its underlying support structure, as well as any related equipment, in order to ensure compliance with the provisions of this §
84-42 and any other provisions found within the Code of the Township of Pine, or applicable law. The Township and/or its agents shall have the authority to enter the property upon which a communications antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(7) Aviation safety. Nontower WCF shall comply with all federal and state
laws and regulations concerning aviation safety.
(8) Maintenance. All nontower WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair. Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents. All maintenance activities shall utilize nothing less than
the best available technology for preventing failures and accidents.
(9) Standard of care. Any nontower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the ANSI
Code, National Electrical Safety Code, and National Electrical Code.
Nontower WCF shall at all times be kept and maintained in good condition,
order and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
(10)
Wind. Any nontower WCF shall be designed to withstand the effects
of wind according to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA/TIA-222-E Code, as amended).
(11)
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other nontower WCF, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(12)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a nontower WCF, as
well as related costs. In the case that a co-location falls under
the Pennsylvania Wireless Broadband Collocation Act, the permit fees shall not exceed $1,000.
(13)
Abandonment and removal. In the event that use of a commercial
communications antenna is discontinued, the owner shall provide written
notice to the Township of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned nontower WCF
or shall be removed as follows:
(a)
All abandoned or unused nontower WCF and accessory facilities
shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the antenna is not removed within two months of the cessation
of operations at a site, or within any longer period approved by the
Township, the antenna and any related equipment may be removed by
the Township and the cost of removal assessed against the owner of
the antenna.
(14)
Insurance. Each person or entity that owns or operates a commercial
communications antenna shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering the commercial
communications antenna. Such coverages shall be continuously maintained
during the period that such commercial communications antenna is in
place and the certificate of insurance shall provide that the Township
shall be given written notification at least 30 days in advance of
the expiration or cancellation of such coverages.
(15)
Indemnification. Each person or entity that owns or operates
a nontower WCF shall, at its sole cost and expense, indemnify, defend
and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the nontower WCF. Each person or entity
that owns or operates a commercial communications antenna shall defend
any actions or proceedings against the Township in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a nontower WCF. The obligation to indemnify, hold harmless and
defend shall include, but not be limited to, the obligation to pay
judgments, injuries, liabilities, damages, reasonable attorneys' fees,
reasonable expert fees, court costs and all other costs of indemnification.
(16)
Co-locations and modifications that fall within the provisions
of the Pennsylvania Wireless Broadband Collocation Act.
(a)
The Pennsylvania Wireless Broadband Collocation Act applies
to applications for modification, replacement and collocation that
meet all of the following requirements:
[1]
The proposed collocation, modification or replacement may not
substantially change the physical dimensions of the wireless support
structure to which the wireless telecommunications facilities are
to be attached.
[2]
The proposed collocation, modification or replacement may not
further increase the height of a wireless support structure which
had already been extended by more than 10% of its originally approved
height or by the height of one additional antenna array, provided,
however, that nothing herein shall preclude an applicant from further
increasing the height of a wireless support structure which had already
been extended by more than 10% of its originally approved height or
by the height of one additional antenna array if permitted and approved
by the municipality.
[3]
The proposed collocation, modification or replacement may not
increase the dimensions of the equipment compound approved by the
municipality.
[4]
The proposed collocation, modification or replacement complies
with applicable conditions of approval applied to the initial wireless
telecommunications facilities, equipment compound and wireless support
structure.
[5]
The proposed collocation, modification or replacement may not
exceed the applicable wind loading and structural loading requirements
for the wireless support structure.
(b)
An application for replacement, collocation or modification
of a wireless telecommunications facility or wireless support structure
entitled to processing under this section shall be reviewed for conformance
with the Township's applicable building permit requirements, including
requirements applicable to the added structural loading of the proposed
antennas and accessory equipment, but shall not be subject to the
issuance of new zoning or land use approvals or review beyond the
initial zoning or land use approvals issued for the previously approved
wireless support structure or wireless telecommunications facility.
Replacement of wireless telecommunications facilities on existing
wireless support structures or within existing equipment compounds
may be performed by the applicant without obtaining building or zoning
permits from the Township.
(c)
Section
84-42B(1) through
(3) shall not apply to facilities which are governed by the Pennsylvania Wireless Broadband Collocation Act. To the extent permitted by law, the remaining provisions in §
84-42B(4) through
(16) shall apply to co-location applicants desiring to place new nontower WCF on existing wireless communications facilities, as well as those applicants desiring to modify existing facilities. Any applicant proposing the co-location or modification of a nontower WCF shall submit a building permit application to the Township.
(d)
Timing. Within 30 calendar days of the date that an application
for a commercial communications antenna is filed with the Township,
the Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
C. General and specific requirements for all tower-based wireless communications
facilities located outside the public rights-of-way.
(1) All applicants seeking to construct, erect, or relocate a tower-based
WCF in the public rights-of-way shall comply with the following regulations.
(a)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(b)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail written notice in advance thereof (via
certified U.S. mail/return receipt requested) to all owners of every
property within 500 feet of the proposed facility. The WCF applicant
shall provide proof of the notification to the Township.
(c)
Conditional use authorization required. Tower-based WCFs are
permitted in certain zoning districts by conditional use and at a
minimum functional height. No WCF applicant shall have the right under
these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
WCF applicant shall demonstrate that the proposed antenna/tower/pole
for the tower-based WCF is the minimum functional height.
[1]
Prior to the Township's approval of a conditional use authorizing
the construction and installation of tower-based WCF, it shall be
incumbent upon the WCF applicant for such conditional use approval
to prove to the reasonable satisfaction of the Township's Board of
Supervisors that the WCF applicant cannot adequately extend or infill
its communications system by the use of equipment such as redoes,
repeaters, antenna(s) and other similar equipment installed on existing
structures, such as utility poles or their appurtenances and other
available tall structures. The WCF applicant shall further demonstrate
that the proposed tower-based WCF must be located where it is proposed
in order to serve the WCF applicant's service area and that no other
viable alternative location exists.
[2]
The conditional use application shall be accompanied by a propagation
study and all supporting data evidencing the need for the proposed
tower or other communication facilities and equipment, a description
of the type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the WCF applicant,
the power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
[3]
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
[4]
The conditional use application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
applicable standards in this section.
[5]
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to the
Township that the owner of the property has granted an easement for
the proposed WCF and that vehicular access will be provided to the
facility.
(d)
Engineer inspection. Prior to the Township's issuance of a permit
authorizing construction and erection of a tower-based WCF, a structural
engineer registered in Pennsylvania shall issue to the Township a
written certification of the proposed WCF's ability to meet the structural
standards offered by either the Electronic Industries Association
or the Telecommunication Industry Association and certify the proper
construction of the foundation and the erection of the structure.
This certification shall be provided during the conditional hearings
or at a minimum be made as a condition attached to any approval given
such that the certification be provided prior to issuance of any building
permits.
(e)
Visual appearance and land use compatibility. Tower-based WCF
shall comply with the Township's written aesthetic standards. In the
absence of such standards, tower-based WCF shall employ stealth technology
which may include the tower portion to be painted silver or another
color approved by the Township, or shall have a galvanized finish.
All tower-based WCF and related equipment shall be aesthetically and
architecturally compatible with the surrounding environment and shall
maximize the use of a like facade to blend with the existing surroundings
and neighboring buildings to the greatest extent possible. Towers
requiring guy wires as a part of the tower construction are prohibited
in the Township of Pine. The Township's Board of Supervisors shall
consider whether its decision upon the subject application will promote
the harmonious and orderly development of the zoning district involved;
encourage compatibility with the character and type of development
existing in the area; benefit neighboring properties by preventing
a negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
(f)
Co-location and siting. An application for a new tower-based
WCF shall not be approved unless the applicant demonstrates and the
Township's Board of Supervisors finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. The Township's Board
of Supervisors may deny an application to construct a new tower-based
WCF if the WCF applicant has not made a good faith effort to mount
the commercial communications antenna(s) on an existing structure.
The WCF applicant shall demonstrate that it contacted the owners of
tall structures, buildings, and towers within 1/4 mile radius of the
site proposed, sought permission to install an antenna on those structures,
buildings, and towers and was denied for one or more of the following
reasons:
[1]
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(g)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any WCF applicant proposing
the modification of an existing tower-based WCF, which increases the
overall height of such WCF, shall first obtain a permit from the Township.
Nonroutine modifications shall be prohibited without a permit.
(h)
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage exists with
respect to all wireless operators in the applicable area and that
the type of WCF being proposed is the least intrusive means by which
to fill that gap in wireless coverage.
(i)
Additional nontower WCF. As a condition of approval for all
tower-based WCFs, the WCF applicant shall provide the Township with
a written commitment that it will allow other service providers to
co-locate nontower WCF on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
nontower WCF without obtaining the prior written approval of the Township.
(j)
Wind. All tower-based WCF shall be designed to withstand the
effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA/TIA-222-E, as amended).
(k)
Site plan. A site plan shall be provided with the application
for all tower-based WCFs, showing all existing and proposed structures
and improvements, including but not limited to antenna and related
support structures, building, fencing, lighting, buffering and ingress
and egress.
(l)
Height. Any tower-based WCF shall be designed at the minimum
functional height. The maximum total height of a tower-based WCF which
is not located in the public ROW, shall not exceed 150 feet, as measured
vertically from the ground level to the highest point on the structure,
including lightning rods, nontower WCF and subsequent alterations.
Should the WCF applicant prove that another provider of wireless communications
services has agreed to co-locate nontower WCF on the WCF applicant's
tower-based WCF and requires a greater tower height to provide satisfactory
service for wireless communications than is required by the WCF applicant,
the total height of such tower-based WCF shall not exceed 150 feet,
unless the WCF applicant secures a waiver from the Township's Board
of Supervisors which may be given at the Board's sole reasonable discretion.
(m)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing commercial
communications antenna(s) space on the tower-based wireless communications
facility. Landscaping shall be provided along the perimeter of the
tower base and transmitting equipment area to provide a visual screen
or buffer for adjoining private properties and the public right-of-way.
(n)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(o)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Township's
residents, and utilize the best available technology for preventing
failures and accidents.
(p)
Radio frequency emissions. Tower-based WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended and updated.
(q)
Historic buildings or districts. Tower-based WCF shall not be
located upon a property, and/or on a building or structure that is
listed on either the National or Pennsylvania Registers of Historic
Places, or eligible to be so listed, or is included in the official
historic structures and/or historic districts list maintained by the
Township.
(r)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC, or any other federal or
state agency.
(s)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the WCF applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township.
(t)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Code of the Township of Pine, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
(u)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(v)
Retention of experts. The Township may hire any consultant and/or
expert necessary to assist the Township in reviewing and evaluating
the application for approval of the tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these provisions. The WCF applicant and/or owner
of the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(w)
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the WCF applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period. Tower-based WCF's constituting small wireless communications facilities (SWCF) shall be subject to the timelines set forth in §
84-42D.
(x)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this section.
(y)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including nontower
WCF, shall be removed within six months of the time of cessation of
operations. The Township must approve all replacements of portions
of a tower-based WCF previously removed.
(z)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as associated inspection, monitoring, and related costs.
(aa)
FCC license. Each person or entity that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(bb)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any tower-based WCF for numerous factors, including
but are not limited to, visual impact, design, and safety standards.
(cc)
Insurance. Each person or entity that owns or operates a tower-based
WCF greater than 40 feet in height shall provide the Township with
a certificate of insurance evidencing general liability coverage in
the minimum amount of $5,000,000 per occurrence and property damage
coverage in the minimum amount of $5,000,000 per occurrence covering
the tower-based WCF. Each person or entity that owns or operates a
tower-based WCF 40 feet or less in height shall provide the Township
with a certificate of insurance evidencing general liability coverage
in the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
each tower-based WCF. All such coverages shall be continuously maintained
during the period that such tower-based WCF is in place and the certificate
of insurance shall provide that the Township shall be given written
notification at least 30 days in advance of the expiration or cancellation
of such coverages.
(dd)
Indemnification. Each person or entity that owns or operates
a tower-based WCF shall, at its sole cost and expense, indemnify,
defend and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the tower-based WCF. Each person or entity
that owns or operates a tower-based WCF shall defend any actions or
proceedings against the Township in which it is claimed that personal
injury, including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of tower-based WCF.
The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
(ee)
Engineer signature. All plans and drawings for a tower-based
WCF shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(ff)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Township and thereafter maintain financial security
sufficient to guarantee the removal of the tower-based WCF. Said financial
security shall remain in place until the tower-based WCF is removed.
(gg)
Development regulations:
[1]
Tower-based WCF that are 50 feet in height or less are permitted
outside the public rights-of-way in the following zoning districts
by conditional use:
[a] C-1 Community Service Center District.
[b] C-2 Planned Transition District.
[c] B-1 Rural Business District.
[d] All districts with existing public or semipublic
uses on parcels 10 acres or greater in area.
[2]
Tower-based WCFs that are greater than 50 feet in height are
permitted outside the public rights-of-way in the following zoning
districts by conditional use:
[a] C-1 Community Service Center District.
[b] C-2 Planned Transition District.
[c] B-1 Rural Business District.
[3]
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot is a minimum of
6,000 square feet. The lot shall meet the minimum lot area of the
district in which it is located. The minimum distance between the
base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 115% of the proposed WCF structure height
or the minimum required setbacks for the district, whichever is greater.
[4]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[a] The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
WCF.
[b] Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF, the equipment building,
security fence, and buffer planting if the proposed WCF is greater
than 50 feet in height.
[c] Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 115% of the proposed WCF structure height
or the minimum required set-backs for the district, whichever is greater.
Where the site on which a tower-based WCF is proposed to be located
is contiguous to an educational use, child day-care facility or residential
use, the minimum distance between the base of a tower-based WCF and
any such adjoining uses shall equal 125% of the proposed height of
the tower-based WCF.
(hh)
Design regulations.
[1]
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the WCF applicant shall be subject to the written standards
promulgated by the Township and the approval of the Township.
[2]
To the extent permissible by law, any height extensions to an
existing tower-based WCF shall require prior approval of the Township.
[3]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
nontower WCF and comparable nontower WCF for future users.
[4]
Any tower-based WCF over 50 feet in height shall be equipped
with an anticlimbing device, as approved by the manufacturer.
[5]
WCF requiring guy wires as a part of the WCF construction are
prohibited in the Township of Pine.
(ii)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(jj)
Fence/screen.
[1]
A security fence having a minimum height of six feet and a maximum
height of eight feet shall completely surround any tower-based WCF
greater than 50 feet in height, as well as guy wires, or any building
housing WCF equipment.
[2]
Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible and shall be completed in accordance with the provisions of Chapter
78 of the Code of the Township of Pine. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the determination of the Township's Board of Supervisors, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.
(kk)
Accessory equipment.
[1]
Ground-mounted related equipment associated to, or connected
with, a tower-based WCF shall be placed underground or screened from
public view using stealth technologies, as described above.
[2]
All related equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(ll)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road grades shall closely follow
natural contours to assure minimal visual disturbance and minimize
soil erosion. Where applicable, the WCF owner shall present documentation
to the Township that the property owner has granted an easement for
the proposed facility.
(mm)
Parking. For each tower-based WCF greater than 50 feet in height,
there shall be two off-street parking spaces provided.
(nn)
Inspection. The Township reserves the right to inspect any tower-
based WCF to ensure compliance with the provisions of this chapter
and any other provisions found within the Code of the Township of
Pine or state or federal law. The Township and/or its agents shall
have the authority to enter the property upon which a WCF is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
D. General and specific requirements for small wireless communications
facilities (SWCF) located in the public rights-of-way.
(1) Only small wireless communications facilities (SWCF), tower-based
or non-tower-based, are permitted in the public rights-of-way.
(2) SWCF shall be a permitted use in every Township Zoning District if
they are located in the public rights-of-way and comply with the following
regulations.
(3) SWCF and related equipment shall not be located in areas exclusively
served by underground utilities.
(4) SWCF and related equipment shall not be located within the front
facade area of any structure.
(5) SWCF and related equipment shall not be located within 300 feet of
an existing SWCF.
(6) SWCF shall be located on existing poles, such as existing utility,
traffic signal or light poles. If the applicant demonstrates the use
of an existing utility, traffic signal or light pole is not technologically
feasible, the applicant shall locate its SWCF on a new utility or
light pole compatible in design, scale and proportion to any existing
utility, traffic signal or light pole located within 150 feet of the
proposed placement.
(7) SWCF antennae installations in the public ROW, including, but not
limited to, those on streetlights, traffic signal and joint utility
poles, shall not include any equipment or components located above
the surface grade. All equipment necessary to operate the SWCF shall
be the smallest and least visibly intrusive equipment feasible and
shall be placed underground.
(8) Antennae and all support equipment shall be treated to match the
supporting structure. Facilities and accompanying equipment shall
be painted, or otherwise coated, to be visually compatible with the
support structure upon which they are mounted.
(9) SWCF and related equipment shall be located so as not to cause any
physical or visual obstruction to pedestrian or vehicular traffic,
or to otherwise create safety hazards to pedestrians and/or motorists
or to otherwise inconvenience public use of the ROW as determined
by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 24 inches of the face of the curb.
(b)
Ground-mounted equipment that cannot be placed underground shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any related equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to SWCF shall be reviewed and
approved by the Township.
(10)
The SWCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the SWCF applicant shall be subject to the approval of the
Township.
(11)
SWCF in the public ROW shall be consistent in height with any
existing utility poles or light poles located within 150 feet and
in all cases shall not exceed 50 feet in height.
(12)
To the extent permissible under state and federal law, any height
extensions to an existing SWCF shall require prior approval of the
Township, and shall not increase the width of the supporting structure
or the overall height of the SWCF to more than 50 feet.
(13)
Any proposed SWCF shall be designed structurally, electrically,
and in all respects to accommodate the SWCF and related equipment.
(14)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a SWCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any SWCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall determine
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(15)
Standard of care. Any SWCF shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any SWCF shall at all times be kept and maintained in good
condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(16)
Public safety communications. No SWCF shall interfere with public
safety communications or the reception of broadband, television, radio
or other communication services enjoyed by occupants of nearby properties.
(17)
Maintenance. The following maintenance requirements shall apply:
(a)
Any SWCF shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the SWCF in order to promote the safety and security of the Township's
residents, and utilize the best available technology for preventing
failures and accidents.
(18)
Radio frequency emissions. SWCF shall not, by itself or in conjunction
with other SWCF, generate radio frequency emissions in excess of the
standards and regulations of the FCC, including but not limited to,
the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended.
(19)
Timing of approval.
(a)
Tolling. Within 10 calendar days of the date that an application
for a small wireless communications facility is filed with the Township,
the Township shall notify the applicant in writing of any information
that may be required to complete such application. The shot clocks
described below then reset once the applicant submits the supplemental
information requested by the Township. For subsequent determinations
of incompleteness, the shot clock will be tolled if the Township provides
written notice within 10 days that the supplemental submission did
not provide the information identified in the original notice delineating
missing information.
(b)
Applications to collocate small wireless communications facilities
using existing structures. Within 60 calendar days of receipt of a
complete application, the Township shall make its final decision on
whether to approve the application and shall advise the applicant
in writing of such decision.
(c)
Applications to deploy small wireless communications facilities
on new structures. Within 90 calendar days of receipt of a complete
application, the Township shall make its final decision on whether
to approve the application and shall advise the applicant in writing
of such decision.
(d)
Batched applications. If an applicant files multiple siting
applications on the same day for the same type of facilities, each
application is subject to the same number of review days. However,
if an applicant files a single application for a batch that includes
both collocated and new construction of small wireless facilities,
the longer ninety-day shot clock will apply.
(20)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a SWCF, as well as
associated inspection, monitoring, and related costs.
(21)
Reimbursement for ROW use. In addition to application and permit fees and associated costs as described in this §
84-42 and elsewhere within the Code of the Township of Pine, every SWCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each SWCF shall pay an annual fee to the Township to compensate the Township for the Township's cost incurred in connection with the activities described above.
(22)
Insurance. Each person or entity that owns or operates a SWCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the SWCF. Such coverages shall be continuously
maintained during the period that such commercial communications antenna
is in place and the certificate of insurance shall provide that the
Township shall be given written notification at least 30 days in advance
of the expiration or cancellation of such coverages.
(23)
Indemnification. Each person or entity that owns or operates
a SWCF shall, at its sole cost and expense, indemnify, defend and
hold harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the SWCF. Each person or entity that owns or operates
a SWCF shall defend any actions or proceedings against the Township
in which it is claimed that personal injury, including death, or property
damage was caused by the construction, installation, operation, maintenance
or removal of a SWCF. The obligation to indemnify, hold harmless and
defend shall include, but not be limited to, the obligation to pay
judgments, injuries, liabilities, damages, reasonable attorneys' fees,
reasonable expert fees, court costs and all other costs of indemnification.
(24)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all SWCF in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
E. Police powers. The Township, by granting any permit or taking any other action pursuant to this §
84-42, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.
Day-care centers may be authorized by the Board
of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. No permanently installed play equipment shall be located
in the required front yards.
B. Day-care centers shall be located a minimum of 1,000
feet from any existing adult-oriented business.
C. Every application for a day-care center shall set
forth:
(1) Each agency that must approve the establishment or
operation of the center.
(2) A copy of an application or other request to each
such agency for such approval and the status of each such application.
(3) Any facts known to the applicant which may result
in the denial or delay of any required approval which has not been
obtained as of the time of the filing of the application.
D. Day-care centers shall only be located within structures
that are fully equipped with sprinklers and meet or exceed all Building
and Fire Code requirements.
Drive-in theaters shall be subject to the following
requirements:
A. The minimum site required shall be five acres.
B. The site shall have frontage on and direct vehicular
access to an arterial street or collector street.
C. The site shall not be located within 1,000 feet of
any existing dwelling.
D. The volume and direction of outdoor speakers shall
be designed and installed to comply with the limits set forth in this
chapter.
E. Adequate area shall be provided on the site for cars
to queue at the admission booths without obstructing the flow of traffic
on public streets.
Drive-throughs, when used as a part of a permitted
or conditional land use, shall be subject to the following requirements:
A. Drive-throughs shall be prohibited in the front yard
and shall not be located to prevent direct pedestrian access from
the public right-of-way to the principal building.
B. When adjacent to residential uses, drive-throughs,
including both the facility and queuing lanes, shall be screened from
the adjacent residential properties.
C. In the TVO district, drive-through establishments,
as principal uses, shall meet the front yard setback requirements.
Entertainment facilities shall be subject to
the following requirements:
A. Entertainment facilities shall not include adult-oriented
establishments.
B. Indoor entertainment facilities shall only be located
within structures that are fully equipped with sprinklers and meet
or exceed all Building and Fire Code requirements.
Essential facilities, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant:
A. An electrical power substation, gas regulator building
or other essential facilities building is necessary to service the
district for which the conditional use is being requested.
B. The buildings will be designed within an enclosed
building or screened, cyclone fence so that no dangerous wires or
other sources of power are exposed.
A farm market shall be subject to the following
requirements.
A. A parking area shall be provided as outlined in §
84-116.
B. Products sold at a farm market must be grown on site.
Freestanding self-storage units may be authorized
by the Board of Supervisors as a conditional use upon a finding that
compliance with the requirements of this chapter, as well as the following
specific criteria, have been established by the applicant:
A. Freestanding self-storage units shall be in structures
no greater than 14 feet in height.
B. Maximum lot size of a freestanding self-storage development
shall be two acres.
C. Developments containing groupings of freestanding
self-storage units shall be screened on all sides of the development.
D. Parking areas or open storage areas associated with a freestanding self-storage unit complex shall be completely enclosed by a fence in accordance with §
84-106.
All fringe lots in planned residential developments
shall comply with one of the following options:
A. Any fringe lot within a proposed planned residential
development shall be at least 75% of the size of any lot or lots outside
the proposed planned residential development abutting a common boundary
line with the proposed lot.
B. Any fringe lot within a proposed planned residential
development that is less than 75% of the size of any lot or lots outside
the proposed planned residential development abutting a common boundary
line with the proposed lot, shall then provide a minimum eighty-foot
buffer yard parallel to the property line until the property line
changes a bearing or course.
[Amended 7-17-2023 by Ord. No. 400]
Forestry and logging in the Township shall be subject to the
following requirements:
A. The objective of this section is to regulate the logging and timber-harvesting
operations (a permitted use in all zoning districts) within the Township
of Pine to:
(1) Preserve the community development objectives set forth in this chapter;
(2) Preserve environmental and economic benefits associated with proper
forest management;
(3) Promote proper forest stewardship;
(4) Protect the rights of adjoining property owners; minimize the potential
for adverse environmental impacts associated with any logging or timber-harvesting
operation; and
(5) Avoid unreasonable and unnecessary restrictions on the right of property
owners to log or harvest timber (which activity is a permitted use
in all zoning districts).
B. Permit required, notification, insurance and surety.
(1) When a property owner wishes to conduct or permit to be conducted
a logging or timber-harvesting operation on his property, such owner
shall obtain a logging permit from the Township of Pine. The fee schedule
for logging and timber-harvesting permits shall be as indicated in
the current Township Fee Schedule.
(2) A logging and timber-harvesting permit shall not be required, and
this section shall not apply to:
(a)
Work performed on clearing subdivision roads and rights-of-way
approved by the Board of Supervisors of the Township.
(b)
Individual lots affected by the logging operation of less than
one acre in size, provided that the entire logging or timber-harvesting
operation does not exceed a total of one acre.
(3) The Township shall be notified in writing before any logging or timber-harvesting
operation begins. At the time of notification, the Township shall
determine if other Township permits or approvals are required. Should
a logging and timber-harvesting permit be required, the Township shall
be notified at the following times:
(a)
Seven business days prior to starting the operation.
(b)
Five business days prior to terminating the operation.
(4) Upon the issuance of a permit, the applicant shall submit a certificate
of insurance evidencing the logging operator's workers'
compensation insurance coverage with $1,000,000 E. L. each accident,
$1,000,000 E. L. disease - each employee and $1,000,000 E. L. each
disease policy limits with general liability insurance limits of $1,000,000
per occurrence, $2,000,000 general aggregate, and a $2,000,000 products
and completed operations aggregate.
C. Submission requirements for permit application. The logging and timber-harvesting
application shall be filed with the Township and shall contain the
following:
(1) A project narrative/description containing the following information:
(a)
Purpose of the proposed operation, including the total number
of trees for harvesting and the types of trees to be harvested.
(b)
If the proposed timbering or logging activity is within 10 feet
of any unmarked property line, the total land area involved in the
proposed logging operation shall be shown on a survey plan prepared
by a licensed PA surveyor.
[1]
Any timbering or logging activity that does not take place within
10 feet of an unmarked property line, is taking place farther than
10 feet from an unmarked property line, is within 10 feet of a marked
property line, or is part of a property previously surveyed shall
not be required to provide a survey plan prepared by a licensed PA
surveyor.
(c)
Written description outlining the revegetation of the landing
area, skid trails, harvest area and any other disturbance locations.
(d)
If the proposed timbering or logging activity is expected to
exceed 20 acres, the applicant shall provide proof of written notification
to each adjacent property owner of the proposed logging or timber-harvesting
operation with a statement that the application is available to be
viewed in the Township offices. A copy of such notification letter
shall be included with the applicant's submission.
[1]
If the proposed timbering or logging activity will be operating
on two or more adjacent parcels, all property owners are to provide
a letter consenting to the activity, and said letter shall be submitted
with the applicant's submission.
(e)
A narrative indicating that the logging operator shall address
and comply with the requirements of all applicable commonwealth laws
and regulations, including, but not limited to, the following:
[1]
Erosion and sedimentation control regulations, 25 Pa. Code Chapter
102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1
et seq.);
[2]
Stream crossings and wetland protection regulations issued pursuant
to the Stormwater Management Act (32 P.S. § 680.1 et seq.);
and
[3]
Stormwater management plans and regulations issued pursuant
to the Stormwater Management Act (32 P.S. § 680.1 et seq.).
(f)
Copies of all approved state permits, state permit applications,
and all supporting documentation required for state permits.
D. Logging operation practices and regulations.
(1) All logging operation or removal of products shall adhere to the noise limitations outlined in §
84-113 in Chapter
84 (Zoning) of the Township Code, as amended.
(2) Any logging operation in existence at the time of the enactment of
this section may continue without interruption, provided that application
is made within 30 days of said enactment for a logging permit under
the provisions of this section and that such permit is granted.
(3) The maximum term of any permit issued pursuant to this section shall
be for six months. However, since the logging operation may be adversely
affected or delayed by unusual circumstances of weather or other occurrences,
additional six-month extensions may be granted by the Township.
(4) Any forestry or logging activity located in a Greenways Overlay District (GWO) shall comply with requirements of Article
V, §
84-21.
(5) Trees falling on adjacent properties as a result of a logging or
timber-harvesting operation shall immediately be returned to the landowner's
property, who shall be responsible for any damage, cost, or restoration
to the affected adjacent property.
(6) The Township of Pine shall have authority to order the suspension
of any logging or timber-harvesting operation if activities are not
in compliance with any state, county or Township codes or are in violation
of the permit requirements and conditions.
(7) Felling or skidding on or across any public road or right-of-way
is prohibited without the express written consent of the Township
of Pine or the Pennsylvania Department of Transportation, whichever
is responsible for maintenance of such public road or right-of-way.
(8) No tops or slash shall be left on any public or private roadway or
pedestrian trail providing access to adjoining residential property.
(9) No tops or slash shall be left on or across the boundary of any property
adjoining the logging or timber-harvesting operation without the written
consent of the owner thereof.
(10)
All litter resulting from a logging or timber-harvesting operation
shall be removed from the site before the operator vacates it.
(11)
Upon completion of the logging or timber-harvesting operation,
all disturbed areas, including, but not limited to, the landing area(s),
skid trails and any disturbed areas, shall be revegetated pursuant
to the erosion and sedimentation control plans, the stormwater management
plans and the permit requirements.
E. Road maintenance, protection and bonding.
(1) The Township of Pine shall have the authority to suspend any logging
or timber-harvesting operation should the Township determine that
conditions of the logging or timber-harvesting operation will cause
or make likely damage to a Township-maintained roadway.
(2) The permittee, logging operator, or a designated representative shall
provide an additional bond or other security, in an amount and manner
acceptable to the Township, whenever a Township-maintained roadway
is utilized to access the logging or timber-harvesting operation.
(3) The repair of roads, bridges and culverts damaged as a result of
a logging or timber-harvesting operation shall be repaired to the
satisfaction of the Township.
(4) Cleanup of materials tracked onto roads. No person engaged in any
forestry activities, including hauling, grading, excavation, or road
cutting, within the Township shall cause or allow the tracking or
disposition of mud, soil, stones, debris or any material of any kind
on any road with the Township. Any material of any kind whatsoever
tracked, placed, dropped or deposited on any road shall be completely
removed from said road immediately.
(5) The permittee, logging operator, or a designated representative shall
not create a new or utilize an existing access onto a state-maintained
roadway without first showing proof that the access is permitted by
the Commonwealth of Pennsylvania's Department of Transportation.
(6) The permittee, logging operator, or a designated representative shall
not create a new or utilize an existing access onto a Township-maintained
roadway without first obtaining permission from the Township for utilizing
said access.
(7) Any disturbance along a Township-maintained roadway to create a new
or improve upon an existing access shall be reconstructed back into
its original condition as it was prior to the commencement of the
logging or timber-harvesting operation.
F. Waivers and enforcement.
(1) The Township's Zoning Officer (or equivalent otherwise titled
Township official), or his/her designee, shall be the enforcement
officer for this section.
(2) The Township's Zoning Officer (or equivalent otherwise titled
Township Official), or his/her designee, may enter the site of any
logging or timber-harvesting operation before, during, or after active
logging to:
(a)
Review the logging plan or any other required documents for
compliance with this section; and
(b)
Inspect the operation for compliance with the logging plan and
other on-site requirements of these regulations.
G. Violations, penalties and remedies.
(1) Timber harvesting and logging activities shall adhere to all violation, penalty, and remedy regulations as outlined in Article
X in Chapter
84 (Zoning) of the Township Code and the PA MPC, as amended.
Garden apartments in structure 6,000 square
feet or less may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant.
A. Infill garden apartments shall be consistent in size,
architecture, and character with neighboring structures.
B. No garden apartment shall have a height greater than
three habitable stories or 45 feet.
C. A visual structural break in facade shall be provided
between every garden apartment dwelling unit to eliminate long flat
walls.
D. Garages shall not front on arterial or collector roads.
E. Off-street parking areas.
(1) Parking spaces shall be provided for a minimum of
two vehicles per dwelling unit.
(2) At least one parking space per unit shall be enclosed
within the principal building or an accessory building.
F. Balconies, if provided, shall not extend into any
required yard and shall not extend more than eight feet from the face
of any principal building.
G. Chimneys, spires, tanks, or similar architectural
projections may exceed the prescribed height by not more than 25%.
Garden apartments (new developments) may be
authorized by the Board of Supervisors as a conditional use upon a
finding that compliance with the requirements of this chapter, as
well as the following specific criteria, have been established by
the applicant:
A. The minimum gross land area of the development site
shall be 10 acres.
B. All new garden apartment developments shall have a
minimum of two vehicular entrances if over 50 units are proposed.
C. The maximum density (dwelling units per acre) shall
be as follows:
(1) For garden apartments: eight units per gross acre.
D. Building height.
(1) No garden apartment shall have a height greater than
three habitable stories or 45 feet.
(2) Principal buildings having dwelling units above the
second story shall be provided with elevators.
E. Facades.
(1) Alternating groups of three facades may have identical
setbacks.
(2) No building shall have a length or a width greater
than 300 feet.
(3) A visual structural break in facade shall be provided
between every garden apartment dwelling unit to eliminate long flat
walls.
(4) The requirements determining the spacing of buildings
shall be flexible so as to encourage imaginative site design. The
spaces between buildings shall be of sufficient size to guarantee
adequate light, air, and emergency access. However, the minimum space
permitted between any two buildings shall be 20 feet.
(5) Garages shall not front on arterial or collector roads.
F. Common open space.
(1) A minimum of 15% of the land area of the development
site shall be designated as common open space. The calculation of
such common open space shall specifically not include streets, parking,
rights-of-way, detention ponds, or access to detention ponds. Any
land lying within 15 feet of any building shall also not be considered
part of the required common open space.
(2) The common open space shall conform to the provisions of §
84-119 of this chapter and shall contain the park and recreation facilities mandated therein.
G. Off-street parking areas.
(1) Parking spaces shall be provided for a minimum of
two vehicles per dwelling unit.
(2) A minimum of 40% of such required parking shall be
provided in enclosed structures.
H. Streetlights.
(1) Streetlights shall be required to be provided along all streets and access drives within the development and in all off-street parking areas in accordance with §
84-116.
(2) Such streetlights shall not exceed 15 feet in height and the lighting levels shall not exceed the levels prescribed in §
84-112.
(3) The maximum wattage permitted using metal halide as
a source shall be 150 watts.
I. Balconies, if provided, shall not extend into any
required yard and shall not extend more than eight feet from the face
of any principal building.
J. Chimneys, spires, tanks, or similar architectural
projections may exceed the prescribed height by not more than 25%.
K. A buffer yard shall be provided in accordance with the provisions of §
84-111 of this chapter along any residential use or district.
Group care facilities may be authorized by the
Board of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. The minimum area and bulk regulations for a group
care facility shall be the same as those required for all uses in
the district in which the facility is located.
B. A group care facility shall have frontage on and direct
vehicular access to an arterial or collector road.
C. No group care facility shall be established within
1,000 feet of another group care facility.
D. Adequate provisions shall be made for access for emergency
medical and fire vehicles.
E. Twenty-four-hour supervision shall be provided by
staff qualified by the sponsoring agency.
F. Adequate open space opportunities for recreation shall
be provided on the lot for the residents consistent with their need,
and the area shall be secured by a fence with a self-latching gate.
G. Where applicable, certification or licensing by the
sponsoring agency shall be a prerequisite to obtaining a certificate
of occupancy, and a copy of an annual report with evidence of continuing
certification shall be submitted to the Zoning Officer in January
of each year.
Heliports may be authorized by the Board of
Supervisors as a conditional use upon a finding that compliance with
the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. The provisions of this section shall be enforced by
the Building Inspector, Zoning Officer and any other official of the
Township of Pine charged with the enforcement of the Township of Pine
ordinances.
B. In determining whether or not to grant permits for
applications filed under this section, the Township Planning Commission
will determine whether or not the proposed location is properly zoned
for heliports. Heliports shall only be permitted within the following
zoning districts:
(1) C-1 Community Service Center.
C. Takeoff and landing.
(1) It shall be unlawful to take off or land a helicopter
anywhere within the Township of Pine except at a site for which an
approval or permit has been issued by the Township and which site
is in compliance with all applicable laws, regulations and ordinances,
except for such landings or takeoffs in connection with law enforcement
purposes, medical transportation emergencies or other emergencies.
(2) All such landings or takeoffs in connection with law
enforcement purposes, medical transportation emergencies or other
emergencies shall be permitted only in strict conformity with the
provisions for such landings or takeoffs set forth herein.
(3) All such landings and takeoffs by helicopters in connection
with law enforcement purposes, medical transportation emergencies
or other emergencies shall occur only at Pine-Richland Middle/High
School: latitude: 40:35.9; longitude: 80:02.2; or Township of Pine
Community Park: latitude: 40:36.1; longitude: 80:03.2, which two locations
shall serve as the Township's only predesignated emergency landing
zones.
(4) If extreme conditions exist which require an exception
to the prohibition of landings and takeoffs at locations other than
such predesignated emergency landing zones, an exception can be made
with the concurrence of any on-scene representatives (official in
charge) of the Police Department serving the Township of Pine, the
Wexford Volunteer Fire Company, the McCandless-Franklin Park Ambulance
Authority, or the Township's Emergency Management Coordinator.
(5) All landings and takeoffs made in connection with
law enforcement purposes, medical transportation emergencies, or other
emergencies, whether made at the Township's predesignated emergency
landing zones or elsewhere, shall only be made subject to the following
conditions:
(a)
Prior to any landings or takeoffs, the operator
of the helicopter shall contact the 911 Dispatch Center and shall
request the dispatch of emergency services personnel to the landing/takeoff
site, as per the standard operating procedures established by the
above-referenced emergency services agencies for helicopter landings/takeoffs.
The 911 Dispatch Center shall assign an incident number to and shall
record the time of all transmissions in connection with the landing/takeoff.
Prior to any landing/takeoff, the operator of the helicopter shall
make radio contact with an official in charge from one of the above-referenced
emergency services agencies and shall coordinate and receive clearance
for such landing/takeoff. Such clearance shall then be communicated
to the 911 Dispatch Center by the official in charge.
(b)
No landings/takeoffs shall take place without
prior acknowledgement and ground coordination by at least one of the
aforementioned officials in charge at the site of the landing/takeoff.
(c)
Following any such landing/takeoff, when so
requested by the official in charge, the operator of any helicopter
involved therein shall file a written incident report providing details
of the events surrounding the landing/takeoff and shall include a
description of the emergency conditions which necessitated such landing/takeoff.
Such written incident report shall be filed with each of the aforementioned
agencies within eight hours of each such landing/takeoff and may be
sent via facsimile communication.
(d)
Should such landing/takeoff subsequently be
determined by the Township of Pine to have not been a legitimate emergency,
or to have not been made in strict conformity with all procedures
set forth herein, then, in the sole discretion of the Township of
Pine, all costs and expenses associated with the involvement and use
of personnel and equipment of the Police Department serving the Township
of Pine, the Wexford Volunteer Fire Company, the McCandless-Franklin
Park Ambulance Authority, or the Township of Pine (including but not
limited to its Emergency Management Coordinator) shall be itemized
by such respective agencies, shall be assessed against the operator
of the helicopter involved, and shall be submitted to and required
to be paid in full by such operator. The provisions of this subsection
relating to assessment and payment of costs and expenses shall not
be the exclusive remedy of the Township of Pine and shall be in addition
to any other appropriate action or remedy, civil or criminal, applicable
to such event or conduct associated therewith.
D. Application and issuance of permits.
(1) Prior to establishing or operating a heliport within
the Township of Pine, any such operator must first apply for and receive
a permit from the Township of Pine.
(2) Applications for permits to operate a heliport shall
be filed with the Manager of the Township, who shall refer the application
to the Township Planning Commission for review and recommendation
prior to approval of the governing body.
(a)
In connection with its review of the application,
the Township Planning Commission shall hold a public hearing on the
application.
(b)
Public notice, as defined herein, of such hearing
shall be given.
(c)
In addition, notice shall also be given in any
other manner deemed appropriate by the Township Planning Commission.
(d)
The costs of such public notice shall be paid
by the applicant.
(e)
The governing body may also hold a public hearing,
pursuant to public notice (given and paid for by the applicant as
previously described in this subsection), in connection with its review
of the application.
(3) Applications for a permit to operate a heliport must
contain, at a minimum, the following information:
(a)
The type and characteristics of helicopters
to be used and proposed frequency of operation.
(b)
A land development plan must be submitted and
drawn to a scale of no more than one inch equaling 200 feet and must
show the terrain elevation for at least 800 feet in all directions
from the center limits of the landing of the proposed heliport. Such
plan must also designate any obstructions, listing their height in
feet, within the eight-hundred-foot radius and must designate the
approach-departure path corridors.
(c)
The land development plan shall also show the
relationship of the heliport to the lot lines, streets and zoning
lines; the location of all buildings or all areas to be used for passenger
or cargo operations, maintenance or overhaul facilities, fueling,
storage and hanger or tie-down facilities. All off-street parking,
access drives, landscaped areas and traffic patterns shall also be
shown.
(d)
Any such other information as may be deemed
required by the Township Manager or Township Planning Commission.
(e)
The location must have been inspected and approved
by the Pennsylvania Department of Transportation as having complied
with the dictates of the Aviation Code, as codified at 74 Pa.C.S.A.
§ 5101 et seq. The site and operations are in full compliance
with the airport rating and licensing regulations of the Pennsylvania
Department of Transportation, Title 67, 471.6, Heliport Rating.
(f)
All safety and fire-protection facilities must
have been installed in accordance with applicable laws, regulations
and ordinances, with consideration having been given to any recommendations
made by Township officials having qualifications concerning such matters.
E. Any permit issued under this section shall be revoked
if any of the following occur:
(1) The Pennsylvania Department of Transportation Bureau
of Aviation revokes the license or refuses to relicense the location
after one of its periodic inspections.
(2) The Federal Aviation Administration withdraws or revokes
its approval or clearances for the location.
(3) The Township has notified the operator and permittee
of the location in writing that the site is no longer in compliance
with the conditions of approval or applicable laws or ordinances of
the Township of Pine.
F. When the approval or permit to operate the heliport
has been revoked, the owner, lessee and/or applicant shall immediately
close the location to all helicopter traffic and operation by publishing
such notices and warnings as necessary to accomplish such purpose.
Hospitals, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant:
A. The minimum site area required for a hospital shall
be five acres.
B. All hospitals shall be licensed by the commonwealth.
C. The site shall be served by public water and public
sewers.
D. Water pressure and volume shall be adequate for fire
protection.
E. Ingress, egress, and internal traffic circulation
shall be designed to ensure access by emergency vehicles.
F. The parking and circulation plan shall be referred
to the Volunteer Fire Company for comments regarding traffic safety
and emergency access.
G. A buffer yard shall be provided in accordance with the requirements of §
84-111 of this chapter.
H. A private use helipad, if proposed as part of the hospital, shall meet the standards of §
84-55 of this chapter.
I. The site shall be served by a collector road or arterial
road.
A. Adequate parking shall be provided in accordance with §
84-116.
B. Indoor theaters shall only be located within structures
that are fully equipped with sprinklers and meet or exceed all Building
and Fire Code requirements.
C. Indoor theaters shall not include adult-oriented establishments.
[Amended 3-16-2009 by Ord. No. 348]
A. Kennels (excluding indoor kennels, as such are defined in Article
II, §
84-10 hereof, which indoor kennels shall be regulated by Subsection
B of this section) shall be subject to the following requirements:
(1) No site preparation or construction shall commence
nor shall existing structures be occupied until final land development
plan review has been completed and permits have been issued by all
government agencies involved.
(2) No residential use may be established on any lot used
as a kennel.
(3) Shelters for the housing of animals shall not be located
closer than 100 feet to any lot line.
(4) Outdoor areas utilized by or for animals shall not
be located closer than a minimum of 100 feet to any lot line.
(5) A bufferyard shall be required to be installed and maintained along all property boundary lines; such bufferyards shall meet all standards for a major separation bufferyard, as such are set forth in Article
IV, §
84-111 of this chapter.
(6) Licensure by the Commonwealth of Pennsylvania and
ongoing compliance with all applicable laws, rules, and regulations
established by the Commonwealth of Pennsylvania and the Allegheny
County Health Department [including but not limited to those relating
to maximum capacity, minimum space per animal, enclosure (cage) specifications,
and noise and odor control requirements].
(7) Appropriate provisions for the proper disposal of
animal waste shall be demonstrated and maintained. Under no circumstances
shall animal waste be placed into the public sewer system; best management
practices shall be employed to provide for the removal and disposal
of animal waste.
(8) The Township shall be permitted to conduct periodic
inspections of the kennel's site to ensure compliance with the provisions
of this chapter or any additional, specific conditions of land development
approval.
B. Indoor kennels shall be the subject to the following
requirements:
(1) Location.
(a)
Indoor kennels shall only be allowed (and only
as a conditional use) within those areas located in the C-1 Community
Service Center District which are not part of the Traditional Village
Overlay District (TVO), or not part of an approved Town Center Planned
Residential Development (TC-PRD).
(b)
Indoor kennels may be allowed in existing or
newly constructed buildings, used either exclusively for an indoor
kennel or as a part of a multitenant building whose then-established
tenant(s) (at the time of the establishment of the indoor kennel)
may include the following uses:
[3]
Commercial or public parking garage;
(c)
Indoor kennels shall not be allowed in multitenant
buildings whose then-established tenants (at the time of the establishment
of the indoor kennel) include, but are not limited to, the following
uses:
[8]
Public and semipublic uses;
[11]
Retail sales and services;
[12]
Any other use(s) deemed to be incompatible with
that of an indoor kennel, as such is determined by the Township's
Board of Supervisors.
(2) No site preparation, construction, or occupancy shall
occur until any required permits have been issued for such activities
by all governmental agencies involved.
(3) No outdoor area(s) shall be permitted for the use
of animals, and all shelters for animals shall be completely indoors.
(4) The portion of the building or structure used to house
animals (including any such portions which are located below grade
level) shall be equipped with code-approved, nontoxic noise-dampening
material (which may include acoustic tile) to minimize noise impact
upon adjacent uses or properties.
(5) Licensure by the Commonwealth of Pennsylvania and
ongoing compliance with all applicable laws, rules, and regulations
established by the Commonwealth of Pennsylvania, and the Allegheny
County Health Department [including but not limited to those relating
to maximum capacity, minimum space per animal, enclosure (cage) specifications,
and noise and odor control requirements].
(6) Appropriate provisions for the proper disposal of
animal waste shall be demonstrated and maintained. Under no circumstances
shall animal waste be placed into the public sewer system; best management
practices shall be employed to provide for the removal and disposal
of animal waste.
(7) The Township shall be permitted to conduct periodic
inspections of the indoor kennel's site to ensure compliance with
the provisions of this chapter or any additional, specific conditions
of use approval.
Life care communities, where permitted as a
conditional use, may be authorized by the Board of Supervisors as
a conditional use upon a finding that compliance with the requirements
of this chapter, as well as the following specific criteria, have
been established by the applicant:
A. Life care communities may be located on property which
consists of one or more lots and contains a minimum of five acres.
If more than one lot or parcel is used, they must be contiguous.
B. Building design and location shall permit ready accessibility
by emergency vehicles.
C. Single-family dwellings, detached and attached, multifamily
and garden apartments may be proposed in a life care community, provided
that the gross site density shall not exceed 10 units per acre.
D. Ancillary uses, such as banks, deli, medical offices,
may be authorized as part of any life care community which proposes
100 or more dwelling units, provided that they are primarily for use
by the residents, are located within a residential building and do
not constitute more than 15% of the total floor area devoted to residential
use on the site.
E. The life care community may include congregate dining
facilities, a library, social hall, exercise room, indoor swimming
pool, arts and crafts room and similar accessory uses for the residents
either within a residential building or in an accessory structure.
F. If a nursing home is proposed as part of the life care community, the proposed use shall be subject to the standards and criteria of §
84-69 of this chapter.
G. All mechanical equipment shall be screened from the
view of adjoining properties in accordance with the requirements of
this chapter.
H. Off-street parking requirements may be reduced upon satisfactory demonstration by the applicant that fewer than the number of parking spaces required by §
84-116 will be required for the proposed community.
Light manufacturing, research and testing in
structures 6,000 square feet or less, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant:
A. No curb cuts or driveways that provide access to or
from a residential street shall be used or established.
B. No curb cuts or driveways shall be located within
150 feet of any residential district boundary line.
C. No trucks, tractors or trailers shall be maneuvered,
parked, fueled, stored, loaded or unloaded within 100 feet of any
residential district.
D. No vehicles or equipment accessory thereto shall operate
engines or motors for refrigeration or other purposes between the
hours of 10:00 p.m. and 7:00 a.m. the following day unless parked
more than 150 feet from any residential district.
E. The applicant shall submit an analysis of the traffic
impact of the proposed development that addresses the following:
(1) Projections of required parking;
(2) On-site-generated and off-site traffic to be expected
on streets in the vicinity upon completion of the proposed development;
(3) Recommendations for techniques or improvements to
deal with any projected traffic congestion or conflicts.
A. A medical clinic shall not include an alcohol rehabilitation
clinic or a methadone treatment facility.
B. The minimum site area required for a medical clinic
shall be one acre.
C. All medical clinics shall be licensed by the Commonwealth
of Pennsylvania.
D. The site shall be served by public water and public
sewers.
E. Water pressure and volume shall be adequate for fire
protection.
F. Ingress, egress, and internal traffic circulation
shall be designed to ensure access by emergency vehicles.
G. The parking and circulation plan shall be referred
to the Volunteer Fire Company for comments regarding traffic safety
and emergency access.
H. A buffer yard shall be provided in accordance with the requirements of §
84-111 of this chapter.
[Added 3-15-2021 by Ord.
No. 393]
A medical marijuana dispensary, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant:
A. A medical marijuana dispensary shall provide proof of registration
with the Department of Health or proof that registration has been
sought and is pending approval, and shall at all times maintain a
valid, accurate, and up to date registration with the Pennsylvania
Department of Health. Should registration be denied or revoked at
any time, any conditional use approval shall immediately become void.
B. A medical marijuana dispensary shall at all times operate in compliance
with all Pennsylvania Department of Health regulations pertaining
to such facilities.
C. A medical marijuana dispensary shall not be operated or maintained
on a parcel within 1,000 feet, measured by a straight line in all
directions, without regard to intervening structures or objects, from
the nearest point on the property line of a residentially zoned property
or a parcel containing a public private or parochial school, day care
center, place of worship, public park, or community center. Nor shall
a medical marijuana dispensary be located closer than 2,500 feet from
another medical marijuana dispensary or from a medical marijuana grower/processor.
D. A medical marijuana dispensary must operate entirely within an indoor,
enclosed and secure facility. No exterior sales and no sidewalk displays
shall be permitted. No drive through, drop off, or pick up services
shall be permitted.
E. No use of medical marijuana shall be permitted on the premises of
a medical marijuana dispensary.
F. A medical marijuana dispensary shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of medical marijuana and unauthorized entrance
into areas containing medical marijuana.
G. Parking shall be provided in compliance with Article
VI, §
84-116 ("Off-street parking") as listed for medical clinic.
[Added 3-15-2021 by Ord.
No. 393]
A medical marijuana grower/processor, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant:
A. A medical marijuana grower/processor shall provide proof of registration
with the Pennsylvania Department of Health or proof that registration
has been sought and is pending approval, and shall at all times maintain
a valid, accurate, and up to date registration with the Pennsylvania
Department of Health. Should registration be denied or revoked at
any time, any conditional use approval shall immediately become void.
B. A medical marijuana grower/processor shall at all times operate in
compliance with all Pennsylvania Department of Health regulations
pertaining to such facilities.
C. A medical marijuana grower/processor must be located on a lot containing
not less than one acre.
D. A medical marijuana grower/processor shall not be operated or maintained
on a parcel within 1,000 feet, measured by a straight line in all
directions, without regard to intervening structures or objects, from
the nearest point on the property line of a residentially zoned property
or a parcel containing a public private or parochial school, day care
center, place of worship, public park, or community center. Nor shall
a medical marijuana grower/processor be located closer than 2,500
feet from another medical marijuana grower/processor or from a medical
marijuana dispensary.
E. A medical marijuana grower/processor must operate entirely within
an indoor, enclosed and secure facility.
F. There shall be no emissions of dust, fumes, vapors or odors which
can be seen, smelled, or otherwise perceived from beyond the lot line
for the property where the medical marijuana grower/processor is operating.
G. Parking shall be provided in compliance with Article
VI, §
84-116D ("Off-street parking").
A methadone treatment facility may be authorized
by the Board of Supervisors as a conditional use upon a finding that
compliance with the requirements of this chapter, as well as the following
specific criteria, have been established by the applicant:
A. A methadone treatment facility shall have frontage
on and direct access to State Route 19.
B. For any building (or portion there of) which is proposed
to contain a methadone treatment facility, the lot upon which such
building (or portion thereof) sits shall not be located closer than
500 feet (or the then current Pennsylvania statutory-provided distance,
which ever is greater) to a lot utilized for an existing school, public
playground, public park, residential housing area, residential lot,
single-family dwelling, child care facility, church, meeting house
or other actual place of regularly scheduled religious worship established
prior to the proposed methadone treatment.
C. Not withstanding Subsection
B above, a methadone treatment facility may be established and operated closer than 500 feet (or the then current Pennsylvania statutory-provided distance, which ever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment, if, by majority vote, the governing body approves a use for said facility at such location. At least 14 days prior to any such vote by the governing body, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality pursuant to public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing(s) at least 30 days prior to said public hearing(s) occurring.
D. All buildings proposed to contain a methadone treatment
facility shall fully comply with the requirements of the then current
edition of the International Building Code (IBC), as adopted by the
Township of Pine.
E. In addition to the otherwise required number of parking spaces specified by §
84-116 of this chapter for the usage of the building proposed for a methadone treatment facility, additional parking shall be required specifically for the methadone treatment facility at a rate of one additional parking space for each 200 feet of area devoted to the methadone treatment facility.
F. Each building or portion thereof proposed for use
as a methadone treatment facility shall have a separate and distinct
entrance utilized solely for direct entrance into the methadone treatment
facility. Such separate and distinct entrance shall face State Route
19. Access to the methadone treatment facility shall not be permitted
via a shared building entrance or from a shared interior corridor
within the building in which it is located.
G. Signage for the methadone treatment facility shall fully comply with §
84-121, which establishes sign regulations for the State Route 19 Corridor.
H. Unless otherwise approved, a controlled substance dispensation facility shall be subject to the requirements of §
84-62 of this chapter.
[Added 3-15-2021 by Ord. No. 393]
When any use within a mixed-use development
is permitted as a conditional use, the use may be authorized by the
Board of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. Except where specifically authorized under provisions
of this chapter, mixed uses are prohibited.
B. Mixed uses in the B-1 Zoning District shall be limited
to structure 6,000 square feet or less, and a residential density
of four units/acre.
C. Portions of buildings designated for commercial purposes
shall not be used for dwelling purposes.
D. Portions of buildings designated for dwelling purposes
shall not be used for commercial purposes.
E. Dwelling units in any R District shall not be converted
or altered to allow other uses.
F. This provision shall not be deemed to prohibit the
use of a portion of the building or structure as living quarters for
caretakers or attendants of places of worship or institutions where
such uses are authorized in any zoning district.
G. Mixed-uses in the C-1 Zoning District shall not exceed
a residential density of six units/acre.
Mobile home parks may be authorized by the Board
of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. It shall be unlawful for any person to construct,
alter or extend any mobile home park within the limits of the Township
of Pine unless he holds a valid permit issued by the Allegheny County
Health Department in the name of such person for the specific construction,
alteration or extension proposed and also a permit issued by the Township
of Pine hereunder.
B. It shall be unlawful for any person to buy, lease,
rent, occupy, or have occupied any mobile home that has not been inspected
and approved by the Pennsylvania Department of Community Affairs,
Division of Industrialized and Mobile Housing. All units that have
been inspected and approved shall bear the insignia of the Department
of Community Affairs.
C. Applications.
(1) All applications for permits shall be made by the
owner of the mobile home park or his authorized representative in
accordance with the rules and regulations of the Allegheny County
Health Department.
(2) An application shall be filed with the Township Planning
Commission, using a form furnished by said Commission, for a permit
to operate a mobile home park in the Township.
(a)
Upon receipt of such application, the Planning
Commission shall inspect the applicant's plans and proposed park to
determine compliance with the provisions of this chapter.
(b)
Following approval by the Allegheny County Health
Department, the Planning Commission shall report its findings and
recommendations to the Board of Supervisors for a final decision.
(c)
If the Board of Supervisors approves the mobile
home park, the applicant shall be issued a mobile home park permit,
which shall be valid until January 31 of the next year.
(d)
Renewal permits for a like period shall be issued
by the Township Zoning Officer upon furnishing proof by the applicant
that his park continues to meet the standards prescribed by the Allegheny
County Health Department and this chapter.
(e)
When the application is refused, the decision
shall specify grounds for refusal by citing provisions relied upon.
D. Mobile home park registration.
(1) It shall be unlawful for any person to operate any
mobile home park within the limits of the Township unless a certificate
of registration is issued annually by the Allegheny County Health
Department in the name of such person for the specific mobile home
park. Proof of such registration shall be furnished the Township Zoning
Officer by no later than February 1 of each year.
(2) Every person holding a certificate shall file notice,
in writing, with the Allegheny County Health Department and the Township
Zoning Officer within 10 days after having sold, transferred, given
away or otherwise disposed of all or part of his interest in or control
of any mobile home park. If the certificate of registration is transferred
by the Allegheny County Health Department, proof of such transfer
shall be furnished the Township Zoning Officer forthwith.
(3) Whenever, upon inspection of any mobile home park,
it is determined that conditions or practices exist which are in violation
of any provision of this chapter, the Township Zoning Officer shall
give notice, in writing, to the person to whom the certificate was
issued, advising him that unless such conditions or practices are
corrected within a reasonable period of time specified in the notice,
but not to exceed 30 days, the license to operate in the Township
shall be suspended. At the end of such period, such mobile home park
shall be inspected, and, if such conditions or practices have not
been corrected and the licensee has not requested a hearing, the Township
Zoning Officer shall suspend the license and give notice, in writing,
of such suspension to the person to whom the certificate is issued.
E. Mobile home inspections.
(1) A representative of the Township shall inspect a mobile
home park at reasonable intervals, but not to exceed once every 90
days, and at reasonable times to determine compliance with this chapter.
Following each inspection by the Township representative, a report
of findings shall be made at the next regularly scheduled meeting
of the Board of Supervisors.
(2) The Township Inspector shall also inspect each new
mobile home unit immediately after installation to ensure compliance
with all applicable regulations. Certificates of occupancy for each
mobile home unit shall be applied for coincident with the application
for a building permit and shall be issued by the Zoning Officer within
10 days after the installation of such unit shall have been completed
in conformity with the provisions of this chapter. A record of all
certificates shall be maintained by the Township Supervisors, and
copies shall be furnished, on request, to any person who has a proprietary
or tenancy interest in the unit affected. No mobile home shall be
occupied without such a permit.
(3) The Township Zoning Officer is hereby designated as
the person to make such inspections. Another or additional inspectors
may also be authorized to make inspections or additional inspections
at the discretion of the Township Supervisors.
(4) The Township Zoning Officer may, in his discretion,
give notice for violations of this chapter and issue notice thereof,
without express authority from the Township Supervisors in each instance.
F. Area and location standards.
(1) A mobile home park shall have a gross area of at least
10 contiguous acres of land.
(2) The location of all mobile home parks shall comply
with the following minimum requirements:
(a)
The location shall be free from adverse influence
from swamps, marshes, garbage or rubbish disposal areas or other potential
breeding places for insects or rodents.
(b)
The location shall not be subject to flooding.
(c)
The location shall not be subject to any hazard
or nuisance, such as excessive noise, vibration, smoke, toxic matter,
radiation, heat, odor or glare.
(d)
The location shall be in an area appropriately
zoned for such use.
(3) All mobile homes shall be located at least 25 feet
from any park property line or public street right-of-way, which is
not in the mobile home park.
(4) There shall be a minimum distance of 25 feet between
an individual mobile home, including accessory structures attached
thereto, and adjoining pavement of a park street or common parking
area or other common areas and structures.
(5) The perimeter of a mobile home park shall be bordered
on all sides by a planted strip of at least 15 feet width or of such
greater width which, in the opinion of the Planning Commission and
Board of Supervisors of the Township of Pine, may be necessary for
the adequate protection of adjoining premises and highways. The plant
material shall have initially a height and compactness of not less
than 50% of the ultimately desired height and compactness, which shall
be determined in each case separately by the Planning Commission and
Board of Supervisors on the basis of site location, adjacent land
areas, topography and other appropriate considerations. The park management
is responsible for maintaining this planted strip is such a way as
to achieve the purpose of providing a screening between the mobile
home park and adjacent properties.
(6) Erection and placement of mobile homes.
(a)
Mobile homes shall be separated from each other
and from other buildings and structures by at least 30 feet on all
sides.
(b)
An enclosure of compatible design and material
shall be erected around the entire base of each mobile home. Such
enclosure shall provide sufficient ventilation to inhibit decay and
deterioration of the structure and shall be installed at the same
time that the mobile home unit is installed.
(c)
Every mobile home lot shall be clearly defined
on the ground by permanent markers. There shall be posted and maintained
in a conspicuous place on each lot a number corresponding to the number
of each lot as shown on the plot plan.
(d)
Each mobile home shall be installed upon an
adequate, frost-free foundation for placement and tie-down to secure
the structure against uplift, sliding, rotation, and overturning.
The foundation shall not heave, shift, or settle under weight due
to frost action, inadequate drainage, or other forces. The foundation
shall be provided with anchors and tie-downs, such as cast-in-place
concrete dead men, eyelets embedded in the foundation or runways,
screw anchors, arrowhead anchors or other devices securing the stability
of the mobile home. Anchors and tie-downs shall be placed at least
at each corner of the foundation.
G. Site drawings.
(1) The ground surface in all parts of every park shall
be graded and equipped to drain all surface water in a safe, efficient
manner and in such a way as to protect adjacent property.
(2) Surface water collectors and other bodies of standing
water capable of breeding mosquitoes and other insects shall be eliminated
or controlled in a manner approved by the Pennsylvania Department
of Environmental Protection.
(3) Wastewater from any plumbing fixture or sanitary sewer
line shall not be deposited upon the ground surface in any park of
a mobile home park.
H. Soil and ground cover.
(1) Exposed ground surfaces in all parts of every park
shall be paved or covered with stone screenings or other solid material
or protected with a vegetative growth that is capable of preventing
soil erosion and emanation of dust during dry weather. All unpaved
areas within the mobile home park shall be landscaped subject to the
approvals of the Planning Commission and Board of Supervisors of the
Township. Planting areas and landscaping shall conform to reasonably
minimum standards as required by the Planning Commission and the Board
of Supervisors. Lot areas not covered by building, sidewalks or paving
shall be seeded with grass or other appropriate ground cover material
compatible with the landscape and natural amenities for the district.
(2) Park grounds shall be maintained free of vegetation
growth which is poisonous or which may harbor rodents, insects, or
other pests harmful to man.
I. Nonresidential use of park.
(1) No part of any park shall be used for nonresidential
purposes, except such uses that are required for the direct servicing
and well being of park residents and for the management and maintenance
of the park. Provision for such nonresidential uses shall be indicated
on the plan submitted with the permit application.
(2) Nothing contained in this section shall be deemed
as prohibiting the sale of a mobile home located on a mobile home
lot and connected to utilities, but the sale of a mobile home lot
to an individual by the mobile home park owner is prohibited.
J. Streets and walkways.
(1) Safe and convenient vehicular and pedestrian access
shall be provided from abutting public streets or roads.
(2) All streets and walks, whether public or private,
shall conform to the requirements of the Township Subdivision of Land
Ordinance, except that the right-of-way may be 40 feet in width.
(3) No public street access from individual lots shall
be permitted. All vehicular accessways from mobile home lots, parking
areas and any on-site facilities serving the mobile home park shall
intersect with interior street systems within the mobile home park.
(4) All parks shall provide safe, convenient all-season
pedestrian walkways of three feet minimum width, which are durable
and convenient to maintain, from the entrance of each mobile home
entrance to the parking area of that lot and to the street.
K. Off-street parking.
(1) Off-street parking shall be provided by a paved area
of 20 feet by 20 feet in front of each mobile home foundation, paved
with four-inch-thick asphalt plant mix or equivalent.
(2) No parking shall be permitted on the park street right-of-way.
L. Construction of lots.
(1) Mobile home lots within the park shall each have a
minimum gross area of 5,000 square feet, and each lot shall have a
maximum of one mobile home thereon.
(2) Each mobile home lot shall be improved to provide
an adequate foundation for the placement of the mobile home and in
such position as to allow a minimum of 25 feet between the mobile
home and the right-of-way of the park street, which serves the lot.
M. Recreation areas.
(1) A recreational area, or areas, with suitable facilities
shall be maintained within the park for the use of all park residents.
(2) At least 5% of the gross area of the park shall be
developed for recreational purposes. Such areas shall be used exclusively
for playground purposes and be located as to be free of traffic and
other hazards.
(3) Playground areas shall be centrally located in relation
to their service area.
N. Regulations for mobile home units.
(1) Each mobile home shall provide a flush toilet, bathtub
or shower and lavatory which shall be contained in a separate private
room within the mobile home unit.
(2) No permanent or semipermanent structure shall be affixed
to any mobile home as an addition to such home, nor shall any accessory
structure be permitted on any lot or in any mobile home park, except
those accessory structures required and approved by these regulations.
The prohibition herein against any addition or accessory to a mobile
home shall not apply to a canopy or awning designed for use with a
mobile home.
O. Water supply.
(1) An adequate supply of potable water shall be provided
for mobile homes, service buildings, and other accessory facilities
as required by this chapter. Where a public water supply system of
satisfactory quantity, quality, and pressure is available, connection
shall be made thereto, and its supply shall be used exclusively. Where
a satisfactory public water supply system is not available, the development
of a private water supply system shall be approved by the Department
of Environmental Resources and the Allegheny County Health Department
or other authorities having jurisdiction.
(2) An approved water supply shall be the source of the
water in each mobile home park and the supply, pressure and distribution
system shall be sufficient to sustain and operate the facilities and
equipment of the Township's fire protection system.
(3) Water supply shall be in accordance with the requirements
of the Department of Environmental Protection and the Allegheny County
Health Department.
P. Water storage facilities.
(1) All water storage reservoirs shall be covered, watertight
and constructed of impervious material.
(2) Overflows and vents of such reservoirs shall be effectively
screened.
(3) Manholes shall be constructed with overlapping covers,
so as to prevent the entrance of contaminated material.
(4) Reservoir overflow pipes shall discharge through an
acceptable air gap.
Q. Water distribution system.
(1) All water piping, fixtures and other equipment shall
be constructed and maintained in accordance with state and local regulations.
(2) The water piping system shall not be connected with
nonpotable or questionable water supplies and shall be protected against
the hazards of backflow or back-siphonage.
(3) The system shall be so designed and maintained as
to provide a pressure of not less than 40 pounds per square inch,
under normal operating conditions, at service buildings and other
locations requiring potable water supply.
R. Individual water riser pipes and connections.
(1) Individual water riser pipes shall be located within
the confined area of the mobile home stand at a point where the water
connection will approximate a vertical position, thereby ensuring
the shortest possible water connection and decreasing susceptibility
to water pipe freezing.
(2) The water riser pipe shall have a minimum inside diameter
of 1/2 inch and shall terminate at least four inches above the ground
surface. The water outlet shall be provided with a cap when a mobile
home does not occupy the lot.
(3) Adequate provisions shall be made to prevent freezing
of service lines, valves, and riser pipes and to protect risers from
heaving and thawing actions of the ground during freezing weather.
Surface drainage shall be diverted from the location of the riser
pipe.
(4) A shutoff valve below the frost line shall be provided
near the water riser pipe on each mobile home lot. Underground stop-and-waste
valves are prohibited unless their type of manufacturer and their
method of installation are approved.
S. Sewerage system.
(1) An adequate and safe sewerage system shall be provided
in all parks for conveying and disposing of sewage from mobile homes,
service buildings, and other accessory facilities.
(2) Such system shall be designed, constructed, and maintained
in accordance with the Department of Environmental Protection and
all other state, county and local health regulations.
T. Individual sewer connections.
(1) Each mobile home lot shall be provided with at least
a three-inch-diameter sewer riser pipe. The sewer rise pipe shall
be so located on each stand that the sewer connection to the mobile
home drain outlet will approximate a vertical position.
(2) The sewer connection shall have a nominal inside diameter
of not less than three inches, and the slope of any portion thereof
shall be at least 1/4 inch per foot. All joints shall be watertight.
(3) All materials used for sewer connections shall be
semirigid, corrosion-resistant, nonabsorbent, and durable. The inner
surface shall be smooth.
(4) Provision shall be made for plugging the sewer riser
pipe when a mobile home does not occupy the lot. Surface drainage
shall be diverted away from the riser. The rim of the riser pipe shall
extend at least 1/2 inch above ground elevation.
U. Sewer lines.
(1) All sewer lines shall be located in trenches of at
least three feet in depth to be free of breakage from traffic or other
movements and shall be separated from the park water supply system.
(2) All sewer lines shall be constructed of materials
installed in a manner that is in accordance with the Department of
Environmental Protection and the Allegheny County Health Department
and shall have watertight joints.
V. Electrical system.
(1) Every park shall contain an electrical wiring system
consisting of wiring, fixtures, equipment and appurtenances and shall
be installed and maintained in accordance with the local electric
power company's specifications, as well as applicable state and local
codes regulating such systems.
(2) Power lines shall be located underground.
(3) All direct burial conductors or cable shall be buried
at least 18 inches below the ground surface and shall be insulated
and specially designed for the purpose. Such conductors shall be located
not less than one-foot radial distance from water, sewer, gas, or
communications lines.
(4) Each mobile home lot shall be provided with an approved
disconnecting device and overcurrent protective equipment. The minimum
service per outlet shall be 120/240 volts AC, 100 amperes.
(5) All exposed non-current-carrying metal parts of mobile
homes and all other equipment shall be grounded by means of an approved
grounding conductor run with branch circuit conductors of other approved
method of grounded metallic wiring. The neutral conductor shall not
be used as an equipment ground for mobile homes or other equipment.
W. Streetlighting. All mobile home parks shall be furnished
with lighting units so spaced and equipped with luminaires placed
at such mounting heights as will provide adequate levels of illumination
for the safe movement of pedestrians and vehicles at night, which
shall not be less than an average 0.4 footcandle on each street.
X. Telephone system. A telephone distribution system
shall also be installed with connection to each mobile home lot, in
accordance with telephone company regulations.
Y. Service buildings. The requirements of this section
shall apply to service buildings, recreational buildings and other
community service facilities when constructed, such as:
(1) Management offices, repair shops and storage areas;
Z. Structural requirements.
(1) All portions of the structure shall be properly protected
from damage by reason of ordinary uses, decay, corrosion, termites,
and other destructive elements. Exterior portions shall be of such
materials and be so constructed and protected as to prevent entrance
or penetration of moisture and weather.
(2) All buildings shall have:
(a)
Sound-resistant walls extending to the ceiling
between male and female sanitary facilities. Walls and partitions
in lavatories and other plumbing fixtures shall be constructed of
dense, nonabsorbent, waterproof material or covered with moisture-resistant
material.
(b)
At least one window or skylight facing directly
to the outdoors. The minimum aggregate gross area of windows for each
required room shall be not less than 10% of the floor area.
(c)
At least one window, which can be easily opened,
or a mechanical device that will adequately ventilate the room.
(d)
Toilets shall be located in separate compartments
equipped with self-closing doors.
AA. Service buildings. All service buildings and other
park service facilities and grounds shall be maintained in a clean,
sightly condition free from any condition that will menace the health
of any occupant or the public or constitute a nuisance or a fire hazard.
BB. Storage, collection and disposal. It shall be the
responsibility of the operator of the park to contract for the collection
of refuse. The storage, collection and disposal of refuse in the mobile
home park shall be so conducted as to prevent health hazards, rodent
harborage, insect breeding areas, accidents or fire hazards or air
pollution and shall comply with the Allegheny County Health Department
and all local regulations governing mobile home parks.
CC. Insect and rodent control. Grounds, buildings, and
structures shall be maintained free of insect and rodent harborage
and infestation. Extermination methods and other measures to control
insects and rodents shall conform to the requirements of the Allegheny
County Health Department regulations governing mobile home parks.
DD. Fuel supply.
(1) Natural gas piping systems, when installed in mobile
home parks, shall be maintained in conformity with accepted engineering
practices and the standards and regulations of the gas company.
(2) Each mobile home lot provided with piped gas shall
have an approved shutoff valve installed upstream of the gas outlet.
The outlet shall be equipped with an approved cap to prevent accidental
discharge of gas when the cutlet is not in use.
(3) Liquefied petroleum gas systems provided for mobile
homes, service buildings or other structures, when installed, shall
be maintained in conformity with the rules and regulations of the
authority having jurisdiction, including the National Fire Protection
Association and the Building Officials and Code Administrators International,
Inc., National Fire Prevention Code/1987, or as amended. These rules
and regulations shall also include the following:
(a)
Systems shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
(b)
Systems shall have at least one accessible means
for shutting off gas. Such means shall be located outside the mobile
home and shall be maintained in effective operating condition.
(c)
All liquefied petroleum gas piping outside of
the mobile homes shall be well supported and protected against mechanical
injury. Undiluted liquefied petroleum gas in liquid form shall not
be conveyed through piping equipment and systems in mobile homes.
(d)
Vessels of more than 12 and less than 60 US
gallons' gross capacity shall be securely, but not necessarily permanently,
fastened to prevent accidental overturning.
(e)
No liquefied petroleum gas vessel shall be stored
or located inside or beneath any storage cabinet, carport, mobile
home, or any other structure unless such installations are specially
approved by the authority having jurisdiction.
(4) Installation of fuel oil supply system.
(a)
All fuel oil supply systems provided for mobile
homes, service buildings and other structures shall be installed and
maintained in conformity with the rules and regulations of the authority
having jurisdiction, including the National Fire Protection Association.
(b)
All piping from outside fuel-storage tanks or
cylinders to mobile homes shall be securely, but not necessarily permanently,
fastened in place.
(c)
All fuel oil supply systems provided for mobile
homes, service buildings and other structures shall have shutoff valves
located within five inches of storage tanks.
(5) Storage tanks.
(a)
All fuel storage tanks or cylinders shall be
securely placed and shall not be less than five feet from any mobile
home exit.
(b)
Storage tanks located in areas subject to traffic
shall be protected against physical damage.
EE. Fire extinguishers. Portable fire extinguishers of
a type approved by the fire prevention authority shall be kept in
public service buildings under park control, and a sufficient number
shall be maintained throughout the park in readily accessible and
well-marked positions. All fire extinguishers shall be maintained
in good working condition.
FF. Fire protection. The mobile home park area shall be
subject to the rules and regulations of the Pennsylvania Uniform Construction
Code and subsequent editions issued thereafter.
GG. Fire hydrants.
(1) Fire hydrants shall be installed in accordance with
the following requirements:
(a)
The water supply source shall include a four-and-one-half-inch
foot valve, two two-and-one-half-inch hose ports, and one pumper port.
The water supply source shall be connected to a minimum six-inch lateral
equipped with gate valves. The main shall also be a minimum of six
inches.
(b)
Each of two nozzles, held four feet above the
ground, shall deliver at least 500 gallons of water per minute with
a residual pressure of 20 pounds per square inch at the highest point
in the park.
(c)
Fire hydrants shall be located within 600 feet
of every mobile home, service building or other structure in the park
and shall be installed in accordance with the Township's specifications.
HH. Litter. Mobile home park areas shall be kept free
of litter, rubbish, and other flammable materials.
II. Management responsibilities.
(1) The person to whom a license for a mobile home park
is issued shall operate the park in compliance with this chapter and
shall provide adequate supervision to maintain the park, its facilities,
and equipment in good repair and in a clean, safe, and sanitary condition.
(2) The park management shall supervise the placement
of each mobile home on its mobile home lot, which includes securing
its stability and installing all utility connections and shall notify
the Township Zoning Officer immediately after the installation of
each new mobile home unit.
(3) The park management shall give the health officer
free access to all mobile home lots, service buildings and other community
service facilities for the purpose of inspection.
(4) The management shall maintain a register for the past
two years containing the names of all park occupants, along with the
date of arrival and departure. Such register shall be available to
any authorized person inspecting the park. The management shall notify
the appropriate officer, in accordance with state and local taxation
laws, of the arrival and departure of each mobile home or residential
occupants thereof.
(5) No lot in any mobile home park shall be rented for
a period of less than 90 days.
(6) The owner of the mobile home park shall be responsible
and shall provide for all maintenance of grounds, including individual
lots and common open spaces, structures and roadways and pedestrian
ways within the park.
JJ. Removal of mobile homes. No mobile home in a mobile
home park shall be removed from the Township without first obtaining
a permit from the Township Tax Collector and the Township Wage Tax
Collector. The former permit shall be issued upon payment of a fee
as set by the current Township of Pine fee schedule and real estate taxes assessed against the home and unpaid
at time the permit is requested, and the latter shall be free of charge
upon payment of wage taxes due and unpaid at time the permit is requested.
KK. Notice of violations. Whenever the Township Zoning
Officer determines that there are reasonable grounds to believe that
there has been a violation of any provision of this chapter, or of
any regulation adopted pursuant thereto, he shall give notice of such
alleged violation to the person to whom the permit or certificate
was issued, as hereinafter provided. Such notice shall:
(2) Include a statement of the reasons for its issuance
in accordance with the requirements of Section 616.1 of the Pennsylvania
Municipalities Planning Code;
(3) Allow a reasonable time for the performance of any
act it requires; provided, however, that such notice or order shall
be deemed to have been properly served upon such owner or agent when
a copy thereof has been served with such notice by any other method
authorized or required by the laws of this commonwealth; and
(4) Contain an outline of remedial action, which, if taken,
will effect compliance with the provisions of this chapter, or any
part thereof, and with the regulations adopted pursuant thereto.
LL. Hearing procedures.
(1) Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter,
or of any regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Zoning Hearing Board,
provided that such person shall file in the office of the municipal
authority, an application requesting such hearing and setting forth
a brief statement of the grounds thereof within 10 days after the
notice was served.
(2) The filing of the request for a hearing shall operate
as a stay of the notice and the suspension.
(3) Upon receipt of such application, the Board shall
set a time and place for such hearing and shall give the applicant
written notice thereof.
(4) At such hearing, the applicant shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
(5) The hearing shall be commenced not later than 60 days
after the day on which the application was filed, provided that, upon
receipt of a written request from the applicant, the Board may postpone
the date of the hearing for a reasonable time beyond such sixty-day
period when, in its judgment, the applicant has submitted good and
sufficient reasons for such postponement.
(6) A record of all proceedings shall be made, and a fee
shall be charged the applicant to cover costs as permitted by the
Pennsylvania Municipalities Planning Code.
Mortuaries may be authorized by the Board of
Supervisors as a conditional use upon a finding that compliance with
the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. The minimum site area shall be one acre.
B. The site shall have frontage on and direct vehicular
access to an arterial street or collector street.
C. Adequate area shall be provided on the site for vehicles
to form a line and queue on the property.
D. Entrances, exits, and waiting lanes shall be adequately
indicated by pavement markings.
Motels and hotels shall be subject to the following
requirements:
A. No motel and hotel shall have a lot area less than
50,000 square feet or a lot area per sleeping unit of less than 1,000
square feet.
B. Front, side and rear yards of a motel and hotel shall
be permanently landscaped and maintained in good condition.
C. Each motel or hotel sleeping unit shall have a minimum
floor area of 400 square feet.
A no-impact home-based businesses may be authorized
by the Zoning Officer where permitted as a use secondary to a dwelling
unit upon a finding that compliance with the following specific criteria
have been established by the applicant. Where a no-impact home based
business is permitted as a conditional use, it may be authorized by
the Board of Supervisors as a conditional use upon a finding that
compliance with the requirements of this chapter, as well as the following
specific criteria, have been established by the applicant:
A. No more than 15% or 350 square feet of the floor area
of the dwelling units, whichever is less, shall be devoted to the
no-impact home-based business.
B. No more than one person, other than residents of the
dwelling or members of the immediate family, shall be employed.
C. No stock-in-trade shall be displayed or sold on the
premises.
D. A no-impact home-based business shall not be conducted
in any accessory structure.
E. There shall be no outdoor storage of commercial vehicles,
equipment, or materials used in the no-impact home-based business.
F. Not more than one vehicle used in commerce shall be
permitted in connection with any no-impact home-based business and
any such vehicle shall be stored in an enclosed garage at all times.
G. The conduct of any no-impact home-based building,
including but not limited to the storage of goods or equipment, shall
not reduce or render unusable the garage required for parking for
the dwelling unit.
H. Parking required for a no-impact home-based business
shall be provided off the street and on the lot other than in a required
front yard.
I. No mechanical, electrical, or other equipment, which
produces noise, electrical or magnetic interference, vibration, heat,
glare, or other nuisance outside the residential or accessory structure,
shall be used.
J. No no-impact home-based business shall be permitted
which is noxious, offensive or hazardous by reason of hours of operation,
vehicular traffic, generation or emission of noise, vibration, smoke,
dust or other particulate matter, odorous matter, heat, humidity,
glare, refuse, radiation or other objectionable emissions.
K. No signage shall be allowed in the E-1, S-1, R-1,
R-2, or R-3 Districts. In all other districts one unlighted sign,
not over one square foot in area, attached flat against the dwelling
and displaying only the occupant's name and occupation, shall be permitted
to advertise the presence or conduct of the no-impact home-based business.
L. Instruction for no more than three attendees shall
be allowed.
M. Any building or lot where more than two domesticated
animals are housed, groomed, bred, boarded or trained in exchange
for a fee or other compensation shall not be considered a no-impact
home-based business.
[Added 11-16-2009 by Ord. No. 352]
A nightclub may be authorized by the Board of Supervisors as a conditional use upon a finding of compliance with this chapter (including §
84-137 thereof), as well as compliance with the following specific criteria have all been established by the applicant:
A. Location.
(1)
There shall be only one nightclub permitted on a single lot
or parcel.
(2)
A nightclub shall be allowed in the C-1 District only.
(3)
A nightclub shall not be located within 100 feet from any land
or lot in the following Township of Pine Zoning Districts: E-1, S-1,
R-1, R-2, R-3, or from any parcel of land or lot used principally
as a residential use, whether situate in the Township of Pine or otherwise.
(4)
A nightclub shall not create an enticement for minors because
of its proximity to nearby uses where minors may congregate, including
but not limited to schools, churches, or libraries.
(5)
A nightclub shall be located principally within an enclosed
building that has its main entrance facing upon State Route 19 and
such entrance shall be the primary entrance used for the nightclub
use. Outdoor areas used by a nightclub may only comprise an area equal
to 10% of the indoor area used by the nightclub, and such outdoor
area may only be used for dining purposes.
(6)
Nightclubs shall not utilize outdoor speakers or generate noise
in excess of the limits otherwise permitted by this chapter.
B. Measuring separation requirements.
(1)
The separation requirements hereof shall be measured from the
lot line of the lot used by the nightclub to the lot line of any residential
district.
(2)
Where a nightclub is located within a multitenant facility,
such as a shopping center, measurement shall occur from the boundary
of the leasehold interest, instead of the property line.
(3)
The separation requirements hereof shall be measured in a straight
line, without regard to intervening structures, from the closest point
on each parcel.
C. Hours of operation. A nightclub may be open for business no longer
than on Mondays through Thursdays from 10:00 a.m. to 12:00 midnight;
on Fridays and Saturdays from 10:00 a.m. to 2:00 a.m. (the following
day); and on Sundays from 10:00 a.m. to 10:00 p.m.. Such hours of
operation may be further limited or restricted (as an additional condition)
upon a finding that such is reasonable and necessary due to the proximity
of the nightclub to adjacent uses.
D. A proposed night club must demonstrate specific compliance with the regulations concerning fire protection; lighting; noise limitations; odors; off-street parking; and off-street loading, all as required by Article
VI (Requirements Applying to All Districts) of this chapter.
Nurseries may be authorized by the Board of
Supervisors as a conditional use upon a finding that compliance with
the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. In the case of a nursery, this chapter shall not be
deemed to prohibit display of flowers or plants outside of an enclosed
building, provided such display is within the lot lines no closer
than 10 feet.
Nursing homes shall be subject to the following
requirements:
A. The minimum site area required for a nursing home
shall be one acre.
B. All nursing homes shall be licensed by the commonwealth.
C. The site shall be served by public water and public
sewers.
D. Water pressure and volume shall be adequate for fire
protection.
E. Ingress, egress, and internal traffic circulation
shall be designed to ensure access by emergency vehicles.
F. The parking and circulation plan shall be referred
to the Volunteer Fire Company for comments regarding traffic safety
and emergency access.
G. Nursing homes shall have a bed capacity of at least
20 beds but no more than 200 beds.
H. A buffer yard shall be provided in accordance with the requirements of §
84-111 of this chapter.
Offices in structures 6,000 square feet or less,
where permitted as a conditional use, may be authorized by the Board
of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. The site shall have frontage on and direct vehicular
access to an arterial or collector street.
B. Ingress, egress, and internal traffic circulation
shall be designed to minimize hazards and congestion.
C. A buffer yard shall be provided along all property lines adjoining residential uses or zoning classifications in accordance with the requirements of §
84-111 of this chapter.
[Added 3-15-2021 by Ord.
No. 393]
Natural gas compressor stations, natural gas processing plants, and oil and gas development may be authorized by the Board of Supervisors as a conditional use upon findings of compliance with the applicable requirements of this chapter (including §
84-137 thereof), and compliance with the following specific criteria, have all been established by the applicant:
A. An oil or gas well site which would be located more than 1,000 feet
from any preexisting building which is not the same property as the
oil or gas well site is allowable as a conditional use. Otherwise,
such siting and/or use shall be prohibited.
B. A natural gas compressor station or a natural gas processing plant,
or any similar facilities performing the equivalent functions, located
more than 1,000 feet from any preexisting building which is not on
the same property as the natural gas compressor station or the natural
gas processing plant or similar facility is allowable as a conditional
use. Otherwise, such siting and/or use shall be prohibited.
C. The provisions of this section shall apply to all oil and gas well
sites, natural gas compressor stations, and natural gas processing
plants upon which construction is begun after the effective date hereof.
D. Oil and gas well sites, natural gas compressor stations, and natural
gas processing plants that were constructed prior to the effective
date hereof shall not be required to meet the requirements of this
section; provided, however, that any modification to an existing oil
or gas well site that occurs after the effective date hereof and which
materially alters the size, scope, type, location, number of wells
and other accessory equipment or structures of such oil or gas well
site, or any physical modifications to an existing natural gas compressor
station or natural gas processing plant, shall require compliance
with and approval, as a conditional use, pursuant to the provisions
of this section.
E. Federal or state law or regulations preempt certain ordinance requirements
that conflict with federal or state statute or regulation. The Township
acknowledges that it is preempted from regulating the operational
methods of the oil and gas industry and may only regulate land uses.
F. No oil or gas well site, natural gas compressor station, or natural
gas processing plant or an addition to an existing oil or gas well
site, natural gas compressor station, or natural gas processing plant
shall be constructed or located within the Township unless an approval,
as a conditional use, has been issued by the Township to the applicant,
owner or operator (pursuant to the provisions of this section) approving
the construction or preparation of the site for oil or gas development
or for construction of natural gas compressor stations or natural
gas processing plants.
G. The application for approval, as a conditional use, of an oil and gas development, oil or gas well site, natural gas compressor station, natural gas processing plant or for an addition to any of the aforesaid, shall be accompanied by a fee for same as established in the Township's schedule of fees (Chapter
A144 of the Code of the Township of Pine).
H. Any modification to an existing and permitted oil or gas well site
that materially alters the size, location, number of wells or accessory
equipment or structures, or any modification to an existing and permitted
natural gas compressor station or natural gas processing plant, shall
require compliance with the provisions of this section and approval
of a modification to the original approval issued by the Township
pursuant to the provisions hereof. Like-kind replacements shall not
require such a modification.
I. Before submitting an application pursuant to this section, the applicant
is strongly encouraged to meet with the Township's staff to determine
the requirements of and the procedural steps and timing of the application.
The intent of this process is for the applicant to obtain necessary
information and guidance from the Township's staff before entering
into any commitments or incurring substantial expenses with regard
to the oil or gas well site and plan preparation. A pre-application
conference is optional on the part of the applicant and shall not
be deemed the beginning of the time period for review as prescribed
by law. Pre-application conferences are intended for the benefit of
the applicant in order to address the required application submittals,
are advisory only, and shall not bind the Township to approve any
such application or to act within any time limit relative to the date
of such conference.
J. The applicant shall provide the following to the Township at the
time of initial submission of an application for conditional use approval:
(1)
A narrative describing an overview of the project, including
the number of acres to be involved, the number of wells to be drilled,
and the location, number, and description of equipment and structures,
to the extent known.
(2)
A narrative describing an overview of the project as it relates
to natural gas compressor stations or natural gas processing plants.
(3)
The address of the oil or gas well site, natural gas compressor
station or natural gas processing plant, as such has been determined
by the Township (or county) for information to be provided to Northern
Regional Police Department, Wexford Volunteer Fire Company, and McCandless/Franklin
Park Ambulance Authority (hereinafter collectively referred to as
"emergency responders").
(4)
The contact information of the individual or individuals responsible
for the operation and activities at the oil or gas well site, natural
gas compressor station, or natural gas processing plant, which contact
information shall also be provided by the applicant to all emergency
responders. 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 emergency responders.
(5)
A location map of the oil or gas well site showing the approximate
location of derricks, drilling rigs, equipment and structures and
all permanent improvements to the site and any post construction surface
disturbance in relation to natural and other surroundings. Included
in this map shall be an area within the oil or gas well site for the
location and parking of vehicles and equipment used in the transportation
of personnel and/or development and use of the oil or gas well site.
Such location shall include an off-street area within the property
containing the oil and gas well site for vehicles to stand while waiting
to gain access to the oil or gas well site (so that normal flow of
traffic on public streets shall remain unimpeded thereby) and such
shall be configured to allow for the normal flow of traffic on all
public streets and same shall be required to remain undisturbed.
(6)
A location map which shows the location(s) of any proposed natural
gas compressor station or proposed natural gas processing plant, and
which includes location(s) for any equipment and structures to be
used and for all permanent improvements proposed for an oil and gas
well site. For any permanent buildings to be erected on the oil and
gas well site or for natural gas compressor stations or natural gas
processing plants, building elevations and construction material descriptions
shall be included with the location map.
(7)
A narrative and map describing the manner and routes for the
transportation and delivery of equipment, machinery, water, chemicals
and other materials used in the siting, drilling, construction, maintenance
and operation of the oil or gas well site, natural gas compressor
station, or natural gas processing plant. Such map shall indicate
all state, county, and local roads and transportation infrastructure
that may be used. The proposed routes must be designed to minimize
impact on roads within the Township.
(8)
A certification (or other evidence satisfactory to the Township)
that, prior to the commencement of any activity at the oil or gas
well site, natural gas compressor station, or natural gas processing
plant, the applicant shall have accepted and complied with any applicable
bonding and permitting requirements; and shall have entered into a
roadway maintenance and repair agreement with the Township, in a form
acceptable to the Township's solicitor, regarding the maintenance
and repair of the Township's roads and streets that are to be used
by vehicles for site construction, drilling activities and site operations.
(9)
An inventory, analysis, and evaluation of existing road conditions
on Township roads along the proposed transportation route identified
in its development plan, including photography, video recording, and
core boring as determined to be necessary by the Township's Engineer.
The roadway maintenance and repair agreement will identify the responsibilities
of the applicant-operator to prepare, maintain, and repair Township
roads before, during and immediately after construction and drilling
operations associated with the oil or gas well site, natural gas compressor
station, or natural gas processing plant. The applicant-operator shall
agree therein to take all necessary corrective action and measures
as directed by the Township pursuant to the roadway maintenance and
repair agreement to ensure the Township's roadways are repaired and
maintained during and immediately after construction and, also, during
drilling operations associated with the oil or gas well site or operation
of the natural gas compressor station or natural gas processing plant.
(10)
A description of, and commitment to maintain, safeguards that
shall be taken by the applicant-operator to ensure that Township roads
and streets used in construction or operation activities shall remain
free of dirt, mud and debris resulting from site development activities
and, also, the assurance of the applicant-operator that such roads
and streets will be promptly swept or cleaned by it if dirt, mud and
debris occur as a result of such usage.
(11)
A copy of the preparedness, prevention and contingency plan
of the applicant-operator for the proposed oil or gas well site, natural
gas compressor station, or natural gas processing plant and verification
that such a copy has also been provided to all emergency responders.
(12)
A statement that the applicant-operator, upon changes occurring
to the operation's preparedness, prevention and contingency plan,
will provide to the Township and all emergency responders an updated,
revised copy of the preparedness, prevention and contingency plan
during such time as construction, drilling, extraction activities
and/or any operations are taking place at the oil or gas well site,
natural gas compressor station or natural gas processing plant.
(13)
Assurance that, at least 30 days prior to commencement of drilling
and/or any operations, the applicant-operator shall provide an appropriate
site orientation and training course of the preparedness, prevention
and contingency plan for all emergency responders regarding the oil
or gas well site, natural gas compressor station, or natural gas processing
plant. The cost and expense of the orientation and training shall
be the sole responsibility of the applicant-operator. The applicant-operator
shall not be required to hold more than one site orientation and training
course annually.
(14)
A copy of all documents concerning the proposed project submitted
to the Department of Environmental Protection, or if no documents
have been so submitted, 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.
(15)
Copies of all permits and plans from appropriate federal, state,
and county regulatory agencies or authorities issued in accordance
to applicable environmental requirements, for the proposed use. Such
permits shall include, but not be limited to, an ESCGP-1 permit and
an "NPDES Construction Activities" permit for any regulated earth
disturbance activity which is controlled by the Pennsylvania Department
of Environmental Protection and/or Allegheny County Conservation District.
K. Within 30 business days after receipt of an application for conditional
use approval and the required fee, the Township will determine whether
the application is complete and adequate and advise the applicant
accordingly.
(1)
If the application has been determined to be complete and adequate,
the Township shall then proceed to schedule such application for a
public hearing (pursuant to public notice) in accordance with the
applicable provisions of the Code of the Township of Pine and the
Pennsylvania Municipalities Planning Code.
(2)
If the application is determined to be incomplete and/or inadequate,
the Township will notify the applicant of the nature of the missing
or inadequate material.
L. Natural gas compressor stations, natural gas processing plants, and
oil and gas development may be authorized by the Board of Supervisors
as a conditional use upon a finding that compliance with the requirements
of the applicable provisions of this chapter, as well as the following
specific criteria, have been established by the applicant:
(1)
Access.
(a)
No oil or gas well site, natural gas compressor station, or
natural gas processing plant shall have access solely through a local
street; whenever possible, access to the aforementioned uses should
be from a collector street.
(b)
Accepted professional engineering standards pertaining to minimum
traffic sight distances for all access points, including those specified
by regulations adopted by the Pennsylvania Department of Transportation,
shall be adhered to and maintained.
(2)
Structure height.
(a)
Permanent structures associated with an oil or gas well site,
both principal and accessory, shall comply with the general height
regulations for the Township's zoning district in which the oil or
gas well site is to be located.
(b)
Permanent structures associated with natural gas compressor
stations or natural gas processing plants shall comply with the general
height regulations for the Township's zoning district in which the
natural gas compressor station or natural gas processing plant is
to be located.
(c)
There shall be an exemption provided to the height restrictions
herein otherwise specified for the temporary placement of drilling
rigs, drying tanks, and other accessory uses necessary for the actual
drilling or redrilling of an oil or gas well, subject to the following:
[1]
The duration of such exemption shall not exceed the actual time
period of drilling or redrilling of an oil or gas well.
[2]
The time period of such drilling and exemption shall not exceed
six months.
[3]
The applicant or operator shall give the Township prior written
notice of the beginning date for its exercise of the exemption.
(3)
Setbacks.
(a)
Drilling rigs shall be located a minimum setback distance of
1.5 times their height from any property line, public or private street,
or building not related to the drilling operations on either the same
lot or an adjacent lot.
(b)
The drilling pad for the oil or gas well site shall comply with
all general setback requirements of the Township's zoning district
in which the oil or gas well site is to be located.
(c)
Natural gas compressor stations or natural gas processing plants
shall comply with all general setback requirements of the Township's
zoning district in which the natural gas compressor station or natural
gas processing plant is to be located.
(d)
Exemption from the setback and buffer standards established
in this subsection may be granted by the Township upon a showing by
the applicant/operator that it is not feasible to meet the setback
requirements from surface tract property lines and that adequate safeguards
have or will be provided to justify the exemption.
(e)
Drilling pads, natural gas compressor stations or natural gas
processing plants shall be set back 200 feet from buildings or sites
registered or eligible for registration on the National Register of
Historic Places or the Pennsylvania Register of Historic Places.
(4)
Screening and fencing.
(a)
Security fencing shall not be required at oil or gas well sites
during the initial drilling, or redrilling operations, provided that,
in lieu thereof, manned twenty-four-hour on-site supervision and security
is continuously provided by the applicant and/or operator.
(b)
Upon completion of drilling or redrilling operations, security
fencing (consisting of a permanent chain link fence with opaque cover)
shall be immediately installed at the oil or gas well site to secure
well heads, storage tanks, separation facilities, water or liquid
impoundment areas, and other mechanical and production equipment and
all structures on the oil or gas well site.
(c)
Security fencing shall: be at least six feet in height; have
an opaque covering; be equipped with lockable gates at every access
point; and have openings no less than 12 feet wide.
(d)
Emergency responders shall be given means to independently access
all security measures present at the oil or gas well site in case
of an emergency.
(e)
Warning signs shall be placed on the security fencing surrounding
the oil or gas well site and provide notice of the site's potential
dangers and the appropriate contact information for use in case of
an emergency.
(f)
In construction of oil or gas well sites, the natural surroundings
shall be considered and attempts made to preserve existing trees and
other natural vegetation.
(5)
Lighting.
(a)
Lighting at the oil or gas well site, or other facilities associated
with oil and gas development, either temporary or permanent, shall
be directed downward and inward toward the activity, to the extent
practicable, so as to minimize the glare on public roads and upon
nearby buildings within 100 feet of the oil or gas well site.
(b)
Lighting installed and used at a natural gas compressor station
or a natural gas processing plant shall, when practicable, be limited
to only security lighting.
(6)
Noise.
(a)
The applicant shall take the following steps to minimize, to
the extent possible, noise resulting from an oil or gas well site,
natural gas compressor station, or natural gas processing plant.
(b)
Prior to drilling of an oil or gas well or the operation of
a natural gas compressor station or a natural gas processing plant,
the applicant shall establish, by generally accepted testing procedures,
the continuous seventy-two-hour ambient noise level at the property
line nearest a residence or public building, school, medical, emergency
or other public facility, or 100 feet from the nearest residence or
public building, medical, emergency or other public facilities, whichever
point is closer to the affected residence or public building, school
medical, emergency or other public facility. In lieu of the establishment
of the ambient noise level established by the continuous seventy-two-hour
test, the applicant may assume and use, for the purpose 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.
(c)
The applicant shall provide the Township with documentation
of the established ambient noise level prior to commencement of oil
and gas development or construction of a natural gas compressor station
or natural gas processing plant.
(d)
The noise generated during the operations of an oil or gas well,
oil and gas development, natural gas compressor station or natural
gas processing plant shall not exceed the previously established average
ambient noise level (existing prior to the starting of such operations)
by more than:
[1]
Five decibels during drilling activities;
[2]
Ten decibels during hydraulic fracturing (fracking) operations;
[3]
Five decibels for a natural gas compressor station or a natural
gas processing plant; provided, however, that this allowable increase
shall not exceed the average ambient noise level for more than 10
minutes within any one-hour period.
(e)
The operator shall install effective sound mitigation devices
on all permanent facilities to address sound levels that would otherwise
exceed the noise level standards when such facilities are located
near a residence, public building, school, medical, emergency or other
public facilities.
(f)
The Township may grant an exemption from the noise standards
established herein during the drilling stage or at the oil or gas
well site, the natural gas compressor station, or the natural gas
processing plant, for good cause shown and upon written agreement
between the applicant/operator and the Township.
(g)
Noise complaints received by the Township shall be addressed
by the applicant-operator, within 24 hours following receipt of notification,
through the applicant-operator's continuous monitoring of noise levels
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 (including schools or medical, emergency
or other public facilities), whichever is closer. The applicant-operator
shall report the findings to the Township and shall mitigate the problem
to the allowable level if the noise level exceeds the allowable rate.
(h)
Natural gas compressor stations and natural gas processing plants,
or facilities performing the equivalent functions shall be constructed
so as to mitigate sound levels, or have installed mitigation devices
to mitigate sound levels that would otherwise exceed the ambient noise
level standards at residential or public buildings (including schools
or medical, emergency or other public facilities).
(7)
Prohibitions.
(a)
No drilling of oil or gas wells shall be allowed in the floodway
designated as such in the Flood Insurance Study (FIS) and shown on
the Federal Emergency Management Agency (FEMA) maps.
(b)
Drilling of oil or gas wells in the 100-year floodplain is discouraged,
but may be permitted by the Township, in its discretion, if the following
provisions are met:
[1]
If no other area provides access to the oil or gas deposit,
then oil and gas drilling may be permitted in the floodplain. The
applicant must provide conclusive documentation that no other location
allows access to the oil or gas deposit other then a location within
the floodplain.
[2]
An adequate emergency evacuation plan shall have been produced
by the applicant and filed with the Township.
[3]
No storage of chemicals shall be permitted within the floodplain.
An exemption from this requirement may be granted by the Township
if the applicant can show that such storage will not potentially cause
any harm to property, persons or the environment in the case of a
100-year flood; and further provides security to the Township assuring
the applicant's ability to remedy any damage or injury that may occur.
[4]
Only necessary and needed structures will be permitted within
the floodplain.
[5]
All structures within the flood zone shall be designed to withstand
a 100-year storm event.
[6]
An engineer, registered in Pennsylvania and qualified to present
such documentation that structures will not cause additional flooding
on adjacent, upstream and/or downstream properties, shall provide
such documentation to the Township.
(8)
Violations, enforcement, penalties, remedies, and unsafe structures.
(a)
Oil and gas development, oil or gas wells, oil or gas well sites, natural gas compressor stations, and natural gas processing plants shall all be subject to the provisions of Article
X ("Administration") of this chapter regarding fees, notifications of violation, violations and penalties, other remedies, and unsafe structures.
(9)
Compliance with certain other requirements.
(a)
An oil and gas development, oil or gas well, oil or gas well site, natural gas compressor stations, and natural gas processing plants must demonstrate specific compliance with the conditions and regulations concerning: fire protection, hazardous materials, steep slope controls, and storm water management set forth in §§
84-107,
84-110,
84-124 and
84-125, respectively, of Article
VI ("Requirements Applying to all Districts") of this chapter. The provisions of the aforesaid §§
84-107,
84-110,
84-124, and
84-125 are incorporated herein by reference as fully as if set forth at length herein.
(b)
An oil and gas development, oil or gas well, natural gas compressor stations, and natural gas processing plants shall additionally comply with all of the separate conditions and regulations pertaining to excavations and grading set forth in Chapter
48 ("Excavations and Grading") of the Code of the Township of Pine. The provisions of the aforesaid Chapter
48 are incorporated herein by reference as fully as if set forth at length herein.
(c)
Oil and gas development, including the development, construction and operation of oil or gas well sites, oil or gas wells, natural gas compressor stations, and natural gas processing plants, shall be subject to the separate conditions and regulations pertaining to contractors' offices, equipment sheds, and construction staging areas as set forth in Subsection
E(2) of §
84-84 of Article
V of this chapter. The provisions of the aforesaid Subsection
E(2) of §
84-84 of Article
V of this chapter are incorporated herein by reference as full as if set forth at length herein.
Outdoor advertising signs may be authorized
by the Board of Supervisors as a conditional use upon a finding that
compliance with the requirements of this chapter, as well as the following
specific criteria, have been established by the applicant:
A. The submission by the applicant of a land development application, which shall contain the information, maps, plans and narrative and graphic materials set forth in Chapter
78, Article
IV, §
78-20D of the Code of the Township of Pine.
B. All lots upon which outdoor advertising signs are
to be located must conform to the area requirements of the C-1 Zoning
District, be located entirely within that zoning district and, in
addition, have frontage on State Route 19 between the Township's northern
boundary and the Pine Meadow Drive/Swinderman Road intersection with
Route 19 only.
C. The leased portion of any lot upon which the outdoor
advertising is to be located shall contain a minimum of 5,000 square
feet in area.
D. All outdoor advertising signs shall contain only one
face for the display of lettered, written, printed, pictorial, or
sculpted matter on only one side of its structure, and such face shall
be oriented to be viewed from only one direction of travel from the
nearest adjacent roadway (cross roadway viewing shall not be permitted).
E. The display area upon the face of an outdoor advertising
sign shall be a maximum of 300 square feet (12 feet by 25 feet), and
all portions of any display shall fit within such area with no extensions
beyond the edge of the outdoor advertising sign's framework.
F. All utility lines serving the outdoor advertising
sign, or those extended to provide such service, must be installed
completely underground. Such requirement may be waived if the outdoor
advertising sign is powered by nontraditional alternative energy sources
(for example solar power).
G. All outdoor advertising signs shall be set back from
the below described items as follows:
(1) From a roadway intersection: 300 feet.
(2) From any other outdoor advertising sign (whether such
is located in the Township of Pine or otherwise) on the same side
of the roadway: 1,200 feet.
(3) From any other outdoor advertising sign (whether such
is located in the Township of Pine or otherwise) on the opposite side
of the roadway: 600 feet.
H. The maximum height of outdoor advertising signs shall
not exceed 20 feet, as measured from the grade of the roadway from
which the advertising message is principally visible, and the bottom
edge of the outdoor advertising sign shall be no more than eight feet
above the elevation of the adjacent roadway, which height shall be
sufficient to prevent unauthorized access upon the outdoor advertising
sign.
I. A buffer yard shall be required between outdoor advertising signs and any adjacent lot(s). Such buffer yard shall be a minimum of 40 feet and shall conform to the standards for a major separation buffer yard set forth in §
84-111B of this chapter.
J. The land area utilized for an outdoor advertising
sign shall not be otherwise required to support another underlying
use upon such lot, including, but not limited to, buffer yard, parking
area or setback necessary to any preexisting use upon such lot.
K. All displays on the face of outdoor advertising signs
shall be stationary, and no animated, sequential, flashing, moving,
or oscillating signs or displays shall be permitted.
L. Except as otherwise specifically provided within this section, illumination of outdoor advertising signs shall comply with the requirements of §
84-121.
M. Illumination of the display shall be designed so that
it shall be focused on the face of the display itself so as to prevent
glare upon the surrounding area. All sources of illumination shall
be external and equipped with shields to prevent spillage of light
off the display.
N. Except as otherwise may be specified herein, all development of outdoor advertising signs shall comply with the following of the land development standards contained in §
84-23 (Town Center Design Overlay District) of this chapter, specifically those pertaining to greenways, §
84-23D(5), sidewalks, §
84-23D(7), and streetlighting, §
84-23D(9). In the immediate vicinity of the outdoor advertising sign, plantings within the greenway shall be limited to shrubbery, ground cover and understory trees so as to not block the display of its visual image from the adjacent roadway.
O. All income derived from the outdoor advertising sign by its owner and the owner of the land upon which it is located shall be subject to earned income/net profit tax in accordance with Chapter
A145 of the Code of the Township of Pine, Act 511 of 1965, Pennsylvania's Local Tax Enabling Act, (53 P.S. § 6901 et seq.) and otherwise applicable law.
P. All outdoor advertising signs (including any and all
supporting structures thereof) shall be dismantled and removed from
the premises upon which they are located within 180 days of there
cessation of use.
Q. All outdoor advertising signs shall be constructed
to all applicable structural standards for such devises, and all applications
for the conditional use approval shall verify compliance with such
standards as documented and sealed by a registered engineer.
R. All outdoor advertising signs shall be maintained
by their owner in a state of repair so that they are as safe and as
functional as when originally installed.
S. No outdoor advertising sign shall be constructed or
erected until an applicant thereof has made an application for same
(which shall include a copy of a written lease for use of the land
if the applicant is not the owner thereof) and paid the applicable
fee thereof (as set by separate ordinance or resolution of the Board
of Supervisors) and received a permit thereof from the Township of
Pine.
T. Outdoor advertising shall be required to obtain any
necessary permit from and to conform, in all respects, to any regulation
thereof promulgated by an agency of the Commonwealth of Pennsylvania,
including, but not limited to its Department of Transportation.
U. When changeable
light emitting diode (LED) lighting is utilized to create the sign
face, such lighting shall automatically adjust the LED light levels
of the sign face to account for the ambient lighting so as not to
create significant glare or a measurable footcandle level of 0.5 or
greater, as such level is measured at the road right-of-way line.
[Added 11-16-2009 by Ord. No. 352]
Outdoor seating, associated with a principal
use, shall be subject to the following requirements:
A. Outdoor seating abutting a restaurant is allowed in
any commercial district.
B. The restaurant shall meet all applicable requirements
of the Township, county, and state.
C. Along any sidewalk where parallel parking of motor
vehicles is permitted, an additional four feet of unobstructed space
adjacent to the curb is required to allow for discharging passengers.
Park and ride facilities may be authorized by
the Board of Supervisors as a conditional use upon a finding that
compliance with the requirements of this chapter, as well as the following
specific criteria, have been established by the applicant:
A. Park and ride facilities shall be used exclusively
for parking of passenger vehicles.
B. Bicycle parking shall be included for a minimum of
two bicycles.
C. Park and ride facilities shall be equipped and controlled
to discourage illegal parking, vandalism and other unlawful or nuisance-creating
activities. When so equipped and controlled, such lots and garages
may be open 24 hours a day.
D. No sign of any kind other than conditions of use shall
be maintained on any park and ride facility.
E. All park and ride facilities shall include litter
receptacles, benches, and shelters to accommodate the number of vehicles
proposed in the facility.
F. Park and ride facilities shall be designed in accordance with §
84-116, Off-street parking.
G. Park and ride facilities shall be subject to the payment
of transportation impact fees based on the vehicle trips generated
in the p.m. peak hour.
H. A traffic report must be submitted as part of an application
for any park and ride facility.
Patio homes, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon finding that compliance with the requirements of this chapter,
as well as the following specific criteria have been established by
the applicant:
A. A patio home development must have a minimum of five
acres.
[Amended 11-16-2009 by Ord. No. 352]
B. A patio home development shall have a maximum density
of six units per acre.
[Amended 11-16-2009 by Ord. No. 352]
C. Individual patio homes shall not be attached to another
patio home by a common wall.
D. Common open space requirements:
(1) A minimum of 15% of the land area of the development
site shall be designated as common open space. The calculation of
such common open space shall specifically not include streets, parking,
right-of-way, detention ponds, or access to detention ponds. Any land
lying within 15 feet of any building shall not be considered part
of the required open space.
(2) The common open space shall be developed and maintained subject to the standards set forth in §
84-119 of this chapter and shall contain the park and recreational facilities mandated therein.
E. Each patio home shall have an attached garage of sufficient
size to accommodate two vehicles. Such garages shall not have their
garage doors facing the street.
F. Individual lots designed for a patio home development
may contain less than the required acreage and lot frontage normally
required in the zoning district. However, such lot size shall not
contain less than 6,500 square feet, and such lot frontage shall not
contain less than 50 feet of frontage.
G. Individual lots designed for a patio home development
may contain reduced yard setbacks from the normally required yards
of the zoning district. However, such yard requirements shall not
be less than 25 feet for front yards, five feet for side yards, and
25 feet for rear yards.
Places of worship, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant:
A. Parking shall be fully screened, as outlined in §
84-116 and located at least 50 feet from any residential district.
B. Shared parking with surrounding uses is encouraged
for all places of worship.
C. Signs shall conform to the requirements of §
84-121.
Public and semipublic uses, where permitted
as a conditional use, may be authorized by the Board of Supervisors
as a conditional use upon a finding that compliance with the requirements
of this chapter, as well as the following specific criteria, have
been established by the applicant:
A. The minimum site required shall be one acre.
B. Any outdoor recreation area adjoining a residential use or zoning district shall be screened by a buffer yard, which shall be in conformity with the provisions set forth in §
84-111 of this chapter.
C. Any outdoor storage of materials or equipment or other
activity, which is required to be done outdoors, such as composting,
chipping or recycling, shall be screened from adjoining residential
properties by a six-foot opaque fence and by a buffer yard.
D. All other activities and operations shall be conducted
within a completely enclosed building.
E. Buildings which house public safety or maintenance
vehicles shall be located on the site so that vehicles and equipment
can be maneuvered without interrupting traffic flow or blocking public
streets.
F. Ingress and egress shall be designed to maximize sight
distance along adjacent public streets.
Recreation facilities, where permitted as a
conditional use, may be authorized by the Board of Supervisors as
a conditional use upon a finding that compliance with the requirements
of this chapter, as well as the following specific criteria, have
been established by the applicant:
A. Such recreational facility will be a benefit or convenience
to the neighboring residents of the Township.
B. Such recreational facility will not cause any potentially
detrimental effect on surrounding property values.
C. Such recreational facility will not cause any potential
disruption or nuisance of or to adjacent lots or residences.
D. Any proposed recreational facility will not cause
any detrimental effect to the public health, safety, morals, or general
welfare of the Township residents.
E. Any proposed recreational facility will not interfere
or be inconsistent with the residential character of the E-1, S-1,
R-1, R-2 or R-3 Districts.
Recreational vehicles shall be subject to the
following requirements:
A. No recreational vehicle shall be erected, used, or
maintained for living or residential purposes in the Township.
B. Unoccupied recreational vehicles not in use shall
be parked or stored in a garage or rear yard. When parked in the rear
yard, the recreational vehicle must be fully screened from adjacent
residential properties.
C. Recreational vehicles shall not be stored or parked
on a public street or in the front or side yard of a dwelling unit.
Restaurants without drive-throughs, where permitted
as a conditional use, may be authorized by the Board of Supervisors
as a conditional use upon a finding that compliance with the requirements
of this chapter, as well as the following specific criteria, have
been established by the applicant:
A. The restaurant use shall not cause any potential disruption
or nuisance to surrounding uses or have a detrimental effect on surrounding
property values.
B. There shall be no disruption to the surrounding business
neighborhood.
C. The main structure, which contains the restaurant,
shall have all approvals required by the Township.
Restaurants with drive-throughs shall be subject
to the following requirements:
A. Any establishment that includes a drive-through facility
shall provide a minimum of five queuing spaces in tandem with a minimum
total length of 100 feet in direct line with each window or stall
for vehicles to wait in line.
B. The queuing spaces shall be located so as to not interfere
with the use of any parking spaces or the free flow of traffic on
the site and shall be adequately striped and indicated with directional
signs.
Retail sales and service shall be subject to
the following requirements:
A. All sales, displays and storage shall be conducted
within a completely enclosed building, except as may be permitted
by special permission from the Board of Supervisors.
B. Ingress, egress, and traffic circulation on the site
shall be designed to minimize hazards and congestion.
C. The site shall have frontage on and direct vehicular
access to an arterial or collector street.
D. buffer yards shall be provided in accordance with the requirements of §
84-111 of this chapter.
E. Retail sales and services with drive-through.
(1) Any establishment, which includes a drive-in facility,
shall provide a minimum of five queuing spaces in tandem with a minimum
total length of 100 feet in direct line with each window or stall
for vehicles to wait in line.
(2) The queuing spaces shall be located so as to not interfere
with the use of any parking spaces or the free flow of traffic on
the site and shall be adequately striped and indicated with directional
signs.
Single-family dwellings, where permitted as
a single-family, attached infill or single family, attached new development,
and where permitted as a conditional use, may be authorized by the
Board of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. All new subdivisions with single-family dwellings
shall have a minimum two entrances if over 50 units are proposed.
B. Single-family dwellings in commercial districts.
(1) Single-family dwellings in the B-1 and C-2 Districts
shall be subject to the minimum lot area, lot width and yard requirements
of the R-1 District.
(2) Single-family dwellings shall be constructed on existing
lots of record, and no further subdivision of B-1 classified property
to accommodate new construction of single-family dwellings shall be
permitted.
C. Parking requirements of §
84-116 shall be met for the dwelling.
D. Floor area requirements. The floor area requirements
for single-dwelling units are as follows:
|
Number of Stories
|
Minimum Ground Floor Living Area (excluding
garage and porch floor area)
|
Minimum Floor Living Area Per Dwelling
(excluding garage and porch floor area)
|
---|
|
Less than 2
|
1,200 sq. ft.
|
1,200 sq. ft.
|
|
2 or more
|
900 sq. ft.
|
1,200 sq. ft.
|
E. Additional requirements for single-family dwelling,
attached (new developments).
(1) The minimum gross land area of the development site
shall be 10 acres for attached single-family dwelling.
(2) The maximum density (dwelling units per acre) shall
be four units per acre (excluding roadways).
(3) Building height.
(a)
No attached single-family dwelling buildings
shall have a height greater than three habitable stories or 35 feet.
(b)
Chimneys, spires, tanks, or similar architectural
projections may exceed the prescribed height by not more than 25%.
(4) A buffer yard, in accordance with the provisions of §
84-111 in this chapter, shall be provided along any zoning district line or residential use to provide proper separation for abutting residential property.
(5) Facades.
(a)
No building shall have a length or a width greater
than 300 feet.
(b)
Single-family attached dwellings shall have
no more than three consecutive dwellings with identical facades with
identical front yard setbacks.
(c)
Alternating groups of three facades may have
identical setbacks.
(d)
A visual structural break either in roofline
or front facade shall be provided between every attached single-family
dwelling.
(e)
The requirements determining the spacing of
buildings shall be flexible so as to encourage imaginative site design.
The spaces between buildings shall be of sufficient size to guarantee
adequate light, air, and emergency access. However, the minimum space
permitted between any two buildings shall be 20 feet.
(6) Common open space.
(a)
A minimum of 15% of the land area of the development
site shall be designated as common open space. The calculation of
such common open space shall specifically not include streets, parking,
rights-of-way, detention ponds, or access to detention ponds. Any
land lying within 15 feet of any building shall also not be considered
part of the required common open space.
(b)
The common open space shall be developed and maintained subject to the standards set forth in §
84-119 of this chapter and shall contain the park and recreation facilities mandated therein.
(7) Off-street parking areas.
(a)
Parking spaces shall be provided for a minimum
of two vehicles per dwelling unit.
(b)
A minimum of 40% of such required parking shall
be provided in enclosed structures.
(8) Streetlights.
(a)
Streetlights shall be required to be provided
along all streets and access drives within the development and in
all off-street parking.
(b)
The light intensity at any lot line shall not
exceed 0.5 footcandles. Where light is reflected in a street area,
the intensity measurement shall be made on the right-of-way line across
the street from where the light emanates and shall not exceed 0.5
footcandles at such point of measurement.
(c)
The maximum wattage permitted using metal halide
as a source shall be 150 watts.
(9) Balconies or decks, if provided, shall not extend
into any required yard and shall not extend more than eight feet from
the face of any principal building.
(10) Chimneys, spires, tanks, or similar architectural
projections may exceed the prescribed height by not more than 25%.
(11) A buffer yard shall be provided in accordance with the provisions of §
84-111 of this chapter along any residential use or district.
F. Additional requirements for single-family dwellings,
attached (infill).
(1) Infill single-family dwellings shall be consistent
in size, architecture, and character with neighboring structures.
[Amended 8-5-2013 by Ord. No. 366; 3-15-2021 by Ord. No. 393]
Swimming pools, where permitted as a conditional use, may be
authorized by the Board of Supervisors as a conditional use upon a
finding that compliance with the requirements of this chapter, as
well as the following specific criteria, have been established by
the applicant:
A. Private swimming pools.
(1) A private swimming pool shall be any artificially contained or man-made
body of water used primarily for swimming and not located within a
completely enclosed building and containing or normally capable of
containing water to a depth at any point greater than 1 1/2 feet.
(2) No such swimming pool shall be allowed in any district except as
an accessory use, subject to the following conditions and requirements:
(a)
The pool is intended and is to be used solely for the noncommercial
use and enjoyment of the occupants and guests of the lot on which
it is located.
(b)
It shall not be located, including accessory pool structures
adjacent thereto, closer than 20 feet to any lot lines of the lot
on which the principal structure is located.
B. Community or club swimming pools, public.
(1) A community or club swimming pool shall be any pool constructed by
an association of property owners or by a private club for the use
and enjoyment by members of the association or the club and their
families and guests.
(2) Community and club swimming pools shall comply with the following
additional conditions and requirements:
(a)
The pool and any accessory structures thereto, and any lounging
areas used by the bathers, shall not be closer than 100 feet to any
adjacent lot line unless otherwise approved as a required recreation
facility within a residential subdivision and then the pool, lounging
areas used by the bathers and any accessory structures thereto, shall
not be closer than 20 feet to any adjacent lot line.
(b)
The pool, any accessory structure and any lounging area shall
be enclosed with a fence six feet in height, and this fence shall
be locked at all times when the pool is unattended.
C. Barrier requirements.
(1) A community or club swimming pool and all private swimming pools
shall be enclosed with a barrier or fence meeting the following requirements:
(a)
The top of the barrier shall be not less than 48 inches above
grade for private swimming pools and not less than 72 inches above
grade for community or club swimming pools when measured on the side
of the barrier that faces away from the pool. Such height shall exist
around the entire perimeter of the pool and for a distance of three
feet measured horizontally from the outside of the required barrier.
(b)
The vertical clearance between grade and the bottom of the barrier
shall not exceed two inches. The vertical clearance between a solid
surface below the barrier, such as concrete and the bottom of the
required barrier shall not exceed four inches.
(c)
Where the top of the pool is above grade but less than 48 inches
above grade, a barrier meeting the requirements of this section shall
be installed on grade or shall be mounted on top of the pool structure.
Where the barrier is mounted on the top of the pool the vertical clearance
between the top of the pool and the bottom of the barrier shall not
exceed four inches.
(d)
Openings in the barrier shall not allow passage of a four-inch
diameter sphere. Where horizontal members are spaced more than 45
inches apart, vertical members spacing is not permitted to exceed
four inches. If horizontal members are spaced less than 45 inches
apart vertical members spacing is not permitted to exceed one inch.
(e)
Access gates shall be self-closing, self-latching, open outward
and lockable. The latches or release mechanism of the pedestrian access
self-closing gates shall be located not less than 54 inches from grade.
If the release mechanism is located less than 54 inches above finished
grade, it shall be located on the pool side of the gate not less than
three inches below the top of the gate, and the gate barrier shall
not have openings greater than 34 inches within 18 inches of the release
mechanism.
(f)
Access ladders shall be removed or rendered inoperative when
the pool is not attended unless the pool is enclosed with a barrier
or fence meeting the requirements of this chapter.
D. Owners of any pool in existence, or in the process of construction,
as of the effective date of this chapter shall, within 90 days after
the effective date of this chapter, comply with the fencing requirements
aforesaid.
Except as otherwise expressly provided in this
section, temporary uses are permitted subject to the standards hereinafter
established.
A. Approval. Temporary uses may be permitted when approved
by the Board of Supervisors on the basis of the adequacy of the parcel
size, parking provisions and traffic access and the absence of any
undue adverse impact on surrounding properties in the district.
B. Parking. Before approving any temporary use, the Board
of Supervisors shall make an assessment of the total number of off-street
parking spaces which shall be reasonably required for the particular
use, its intensity, and the availability of other parking facilities
in the area, and shall approve such temporary use only if such reasonably
requested off-street parking is provided.
C. Hours or days of operation. No temporary use shall
be operated during any hours or on any days of the week except such
as are designated by the Board of Supervisors on the basis of the
nature of the temporary use and the surrounding existing uses on adjoining
and adjacent properties.
D. County and state approval/permits. No temporary use
shall be operated without all of the required county and state approvals
and permits.
E. Specific uses.
[Amended 3-15-2021 by Ord. No. 393]
(1) Carnival, circus, festivals or outdoor shows.
(a)
A carnival, circus, festival, or outdoor show may be permitted
in any district on property owned by any not-for-profit group or organization.
(b)
Such use shall be limited to a period not to exceed three days.
(c)
Such use shall be limited to two events/year for each group
or organization.
(d)
Police security, crowd control, and traffic control shall be
provided for the duration of the use.
(e)
The hours of operation shall be limited to 8:00 a.m. to 10:00
p.m.
(f)
Such use need not comply with the front yard requirements of
this chapter except that structures or equipment that might block
the view of operators of motor vehicles on the public streets shall
not be located within 30 feet of the intersection of the curblines
of any two streets.
(g)
Such use need not comply with the maximum height requirements
of this chapter.
(2) Contractors' offices, equipment sheds and construction staging areas.
(a)
Contractors' offices, equipment sheds and construction staging
areas containing no sleeping or cooking accommodations may be permitted
in any district when accessory to a construction project.
(b)
Temporary storage shall be allowed as an accessory use to the
contractor's office or equipment shed.
(c)
Such use shall be limited to a period not to exceed the duration
of such construction project.
(3) Indoor and outdoor art/craft shows, exhibits and sales.
(a)
Indoor and outdoor art and craft shows, exhibits and sales may
be permitted in any commercial district, or in any public park in
a residential district subject to prior approval of the Township.
(b)
The hours of operation shall be limited to 8:00 a.m. to 10:00
p.m.
(c)
Police security, crowd control, and traffic control shall be
provided for the duration of the use.
(d)
Such use shall be limited to a period not to exceed five days.
(e)
Such use shall be limited to two events/year for each applicant.
(4) Mobile food vendor.
(a)
A mobile food vendor may be permitted in any zoning district
subject to prior approval of the property owner where the mobile food
vendor is to be located.
(b)
A mobile food vendor shall utilize approved parking areas and
shall not be located on the cart-path of a public street or block
the view of operators of motor vehicles on the public streets or be
located within 30 feet of the intersection of the curb lines of any
two public streets.
(c)
A mobile food vendor or group of mobile food vendors shall not
reduce the required parking for the use in which the mobile food vendor
is located.
(d)
The hours of operation shall be limited to 8:00 a.m. to 10:00
p.m.
(e)
A mobile food vendor shall be limited to operating no more than
five hours at any one location unless such use is for the purpose
of a private event that does not include retail sale to the general
public and is located entirely on private property.
(f)
A mobile food vendor shall be limited to operating no more than
a total of 30 days annually within the Township of Pine.
(5) Real estate offices.
(a)
Real estate offices containing no sleeping or cooking accommodations
unless located in a model dwelling unit may be permitted in any zoning
district when accessory to a new housing development.
(b)
Such use shall be limited to the period of the active selling
or leasing of dwelling units in such principal new housing development
not to exceed one year.
(6) Seasonal sales. Seasonal sales, including, but not limited to, Christmas
tree sales, may be permitted in any commercial zoning district subject
to the otherwise applicable provisions of this chapter and the following
specific requirements.
(a)
Such use shall be limited to a period not to exceed 45 days.
(b)
Display of Christmas trees need not comply with the yard and
setback requirements of this chapter, except that no tree shall be
displayed within 30 feet of the intersection of the curblines of any
two streets.
(7) Other temporary uses.
(a)
Other temporary uses shall not exceed a period of three days.
(b)
Uses identified in specific zoning districts in this chapter
as conditional or as limited uses shall be limited to no more than
24 hours, no more than two times per year in that district.
Trade schools, where permitted as a conditional
use, may be authorized by the Board of Supervisors as a conditional
use upon a finding that compliance with the requirements of this chapter,
as well as the following specific criteria, have been established
by the applicant:
A. Any outdoor storage of materials or equipment or other
activity, which is required to be done outdoors, such as composting,
chipping, or recycling, shall be screened from adjoining residential
properties by a six-foot opaque fence and by a buffer yard.
B. All other activities and operations shall be conducted
within a completely enclosed building.
C. The minimum site required shall be one acre.
D. Ingress and egress shall be designed to maximize sight
distance along adjacent public streets.
Vehicle repair stations, where permitted as
a conditional use, may be authorized by the Board of Supervisors as
a conditional use upon a finding that compliance with the requirements
of this chapter, as well as the following specific criteria, have
been established by the applicant:
A. No such use shall be established on a property located
within 50 feet of any residential district boundary line.
B. All vehicles located on the premises and awaiting
repairs shall be subject to an active work order and shall be stored
in an enclosed principal building.
C. All repairs shall be performed within an enclosed
principal building on the premises.
D. All permanent storage shall be within the principal
building, with the exception of refuse and trash which shall be stored
in closed containers and in an area screened from view at all points
on any public or private property or street when viewed from ground
level.
E. No petroleum products or hazardous wastes shall be
buried or disposed of on the premises.
F. Any used tires kept on the premises shall be covered,
screened and removed from the premises at regular intervals and shall
not exceed 20 in number at any time.
G. Sufficient screening shall be provided along all lot
lines abutting or adjacent to residentially zoned or developed property
to block any view of repair operations and stored material and equipment
from all points on such residential property when viewed from ground
level.
H. Landscaping shall be a minimum of 10 feet in width
along all street frontage(s).
I. Any business engaged in a towing service shall remove
from the lot any vehicles within 24 hours, unless they are stored
in a building or subject to an active work order.
Vehicle sales may be authorized by the Board
of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. The minimum site area shall be two acres.
B. No such use shall be located within 50 feet of any
residential district boundary line.
C. No vehicle or other merchandise displayed outdoors
shall be closer than five feet from any property line, buffer yard
or right-of-way line. No vehicle shall be parked on adjacent property
or in any public right-of-way and adequate spacing of vehicles and
merchandise shall be maintained to allow access around vehicles and
merchandise.
D. The site shall have frontage on and direct vehicular
access to an arterial or collector street.
E. All lots used for the outdoor display of automobiles
shall have a completely enclosed building on the same lot which has
not less than 2,000 square feet of gross floor area where all repairs,
servicing, sales and customer car washing shall be performed.
F. Storage.
(1) Outdoor vehicle storage shall be surfaced with an
asphalt or portland cement binder pavement providing an all-weather,
durable and dustless surface and shall be graded and drained to dispose
of surface water accumulation by means of a positive stormwater drainage
system.
(2) Customer vehicles with external damage awaiting repairs
shall be stored either inside a building or in an outdoor area, which
is screened by a six-foot hedge or opaque fence.
(3) All permanent storage of material, merchandise and
equipment shall be within the principal building, with the exception
of refuse and trash which shall be stored in closed containers and
in an area screened from view at all points on any public or private
property or street when viewed from ground level.
G. Landscaping.
(1) A buffer yard shall be provided along all boundary
lines.
(2) Such buffer yard shall be in conformity with the standards for the same set in §
84-111 of this chapter.
(3) The buffer yard shall be along abutting property to
block any view of repair operations and stored material and equipment
from all points on such property when viewed from ground level.
(4) Landscaping areas shall be a minimum of 10 feet in
width along all street frontage(s) and adjacent properties.
H. 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.
I. No strings of lights or flags, flashers or other display
paraphernalia shall be permitted on the lot, on any of the structures
or poles or on merchandise displayed outdoors, except for such signs
as may be otherwise allowed by this chapter.
J. Repairs.
(1) Repair of vehicles shall not be permitted on a vehicle
sales lot.
(2) 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 of Pennsylvania.
Vehicle service stations, where permitted as
a conditional use, may be authorized by the Board of Supervisors as
a conditional use upon a finding that compliance with the requirements
of this chapter, as well as the following specific criteria, have
been established by the applicant:
A. No open-air, outdoor storage of materials, merchandise,
and equipment shall be permitted.
B. Location of gasoline pumps and fuel.
(1) Gasoline pumps shall be located at least 40 feet from
the center line of the right-of-way of any street.
(2) All fuel, oil, or similar substances shall be stored
at least 25 feet from any property line.
C. All vehicle parts, dismantled vehicles, and similar
materials shall be stored within a completely enclosed building. All
minor repair work, vehicle washing and lubricating shall be conducted
within a completely enclosed building.
D. A minimum fifteen-foot buffer shall be maintained
between the use and all adjoining properties. Screening shall be provided
along all lot lines abutting adjacent property to block any view of
vehicle service station operations and stored material and equipment
from all points on such property when viewed from ground level.
E. In addition to the sign restrictions outlined in §
84-121, when calculating signage square footage for vehicle service stations, all signage shall be included.
F. There shall be no more than one motor vehicle per
employee and employer plus three customer vehicles per repair bay,
parked outside an enclosed building at any time.
G. Queuing lanes shall be subject to the requirements applying to all districts in §
84-117.
H. Landscaping.
(1) Buffer yards shall be provided as required by and in conformity with the standards for the same set in §
84-111 of this chapter.
(2) Landscaping shall be a minimum of 10 feet in width
along all street frontage(s).
I. Refuse and trash shall be stored outdoors only if
placed in closed containers located in an area screened from view
at all points on any public or private property or street when viewed
from ground level.
A warehouse may be authorized by the Board of
Supervisors as a conditional use upon a finding that compliance with
the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. No curb cuts or driveways that provide access to or
from a residential street shall be used or established.
B. No curb cuts or driveways shall be located within
150 feet of any residential district boundary line.
C. No trucks, tractors or trailers shall be maneuvered,
parked, fueled, stored, loaded or unloaded within 100 feet of any
residential district.
D. No vehicles or equipment accessory thereto shall operate
engines or motors for refrigeration or other purposes between the
hours of 10:00 p.m. and 7:00 a.m. the following day unless parked
more than 150 feet from any residential district.
E. The applicant shall submit an analysis of the traffic
impact of the proposed development that addresses the following:
(1) Projections of required parking;
(2) On-site-generated and off-site traffic to be expected
on streets in the vicinity upon completion of the proposed development;
(3) Recommendations for techniques or improvements to
deal with any projected traffic congestion or conflicts.
Warehouse sales may be authorized by the Board
of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. In addition to the requirements for a warehouse in §
84-89, warehouse sales operations must provide parking for customers in accordance with §
84-116.
Veterinary services shall be subject to the
following requirements:
A. All kennels and other facilities for the housing,
boarding and keeping of animals upon the premises shall be located
within an entirely enclosed building or structure.
B. Noise and odors shall comply with the limits set forth
in this chapter.
C. No outdoor area for the use of animals shall be permitted.
Wind conversion systems shall be subject to
the following requirements:
A. In any district, wind conversion systems are allowed
as an accessory use only to the principle structure.
B. A windmill may exceed the maximum height requirements
of this chapter provided that if the windmill would have a setback
from lot lines of less than its total height, the applicant shall
provide a written certification from a professional engineer stating
that the construction of the windmill will not create a hazard to
neighboring properties or traffic as a result of severe weather conditions
and any reasonably expected corrosion over time.
C. All wind conversion systems shall be subject to the
noise limitations of this chapter.
D. No wind conversion system may be installed without
first securing a construction permit from the Township.
Other uses not listed may be authorized by the
Board of Supervisors as a conditional use upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, have been established by the applicant:
A. Uses of the same general character as any of the uses
authorized as permitted uses or conditional uses in the zoning district
shall be allowed, provided that the governing body determines that
the impact of the proposed use on the environment and adjacent streets
and properties is equal to or less than any use specifically listed
in the zoning district. In making such determination, the governing
body shall consider the following characteristics of the proposed
use:
(2) The floor area of the building or gross area of the
lot devoted to the proposed use.
(3) The type of products, materials, equipment, and/or
processes involved in the proposed use.
(4) The magnitude of walk-in trade.
(5) The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of Articles
V and
VI of this chapter.
B. The proposed use shall comply with all applicable
area and bulk regulations of the zoning district in which it is located.
C. The proposed use shall comply with any applicable express standards and criteria specified in Article
V for the most nearly comparable conditional use listed in the zoning district in which it is proposed.
D. The proposed use shall be consistent with the statement
of community development objectives of this chapter.