Article V Regulations for Specified and Conditional Uses

§ 84-33 Purpose.

The purpose of this article is to regulate specific uses, including uses by right and conditional uses, because of the potential impacts to surrounding properties. The criteria specified herein are applied to mitigate impacts, including noise, off-site parking, traffic, unsightliness, odors, dust, and fumes and are in addition to other reasonable conditions and safeguards that may be applied by the Board of Supervisors and ZHB through their respective conditional use hearing procedures as regulated in this chapter.

The Board of Supervisors may, in approving a conditional use, or adding additional reasonable conditions and safeguards to implement the purpose of the MPC or the general purposes of this chapter. A variance from the ZHB shall be required if a proposed use does not meet any of the requirements imposed by this article. The ZHB shall have the authority, in accordance with the procedures established in Article VIII of this chapter, to authorize use, area, or other variances within the Township.

§ 84-34 Accessory uses/accessory structures.

Criteria for all accessory uses/structures.

(1)

Accessory uses or structures are permitted in any zoning district in connection with any principal use lawfully existing within such zoning 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.

(2)

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.

(3)

Location of accessory structures and uses.

(a)

Accessory structure and use setbacks shall adhere to the regulations in Tables 1 and 2 in Article III of this chapter. 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.

(b)

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 Article V of this chapter.

(c)

The location of permitted nonresidential accessory structures is governed by Tables 1 and 2 in Article III of this chapter.

(d)

Accessory uses shall be conducted on the same lot as the principal use to which it is related; and clearly incidental to, and customarily found in connection with, the principal use or structure.

(4)

Accessory structures shall be counted towards the maximum lot coverage on a lot and in no case shall exceed the maximum lot coverage for the zoning district in which it is located when considering all structures on the lot.

(5)

Accessory uses shall not include the conduct of trade or business unless permitted in conjunction with an authorized principal use that permits trade or business.

(6)

While properties can have multiple accessory structures, no more than one accessory structure by type shall be permitted on an individual lot (e.g., shed, play structure, pool, etc., are types of accessory structures). 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.

(7)

Accessory structures shall meet the building height requirements provided in Tables 1 and 2 in Article III of this chapter.

(8)

Accessory buildings or uses shall not be constructed or established on a lot until the construction of the principal structure is completed or the principal use is established.

Accessory dwelling unit.

(1)

An accessory dwelling unit shall be subject to the following requirements:

(a)

A property owner must file a use and occupancy permit for an accessory dwelling unit prior to its recognition as an accessory dwelling unit. The property proposed for an accessory dwelling unit must contain one, but no more than one, residential structure occupied as a one unit dwelling.

(b)

Accessory dwelling units are only permitted in conjunction with owner-occupied properties when the owner occupies one of the dwellings on the lot and are not permitted to be used as rental units.

(c)

The accessory dwelling unit shall be located in a detached accessory structure occupied, or formerly occupied, on the first floor by a garage, barn, or similar accessory use or structure or in a principal dwelling, provided that there is a separate entrance to the exterior or to an unconditioned porch type space.

(d)

Accessory dwelling units shall meet all setback, bulk, and area requirements as provided in Table 1 in Article III of this chapter.

(e)

Accessory dwellings shall be located a minimum of 10 feet from the principal structure.

(f)

The usable floor area of the accessory dwelling unit shall not exceed 50% of the usable floor area of the principal dwelling unit or 1,000 square feet, whichever is less.

(g)

A separate numeric address for the accessory apartment is prohibited; and

(h)

No new, separate utility connection may be installed for the accessory dwelling unit in a principal structure, unless more than one utility connection already serves the lot, to the location of the proposed accessory dwelling unit, at the time of the application for the accessory dwelling unit.

(i)

A plot plan or survey showing all existing principal and accessory structures as well as the proposed accessory dwelling unit shall be provided by the applicant to confirm the lot is in compliance with the maximum lot coverage requirement of the zoning district in which the property is located.

Car wash, accessory.

(1)

See "car wash, principal"regulations in § 84-41 of this article.

Commercial or public parking garage or lot, accessory.

(1)

See "commercial or public parking garage or lot, principal" regulations in § 84-45 of this article.

Day care, home-based.

(1)

A home-based day care associated with any residential use in any zoning districts shall be subject to the following requirements:

(a)

Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength by the Township may be required along the lot's perimeter for the protection of those using the day-care home.

(b)

All dropoff locations shall not interfere with the free flow of traffic on adjacent streets.

Decks.

(1)

A deck attached to any nonresidential use in nonresidential zoning districts shall be subject to the following requirements:

(a)

Decks used for seating or dining associated with a permitted nonresidential use, so long as the deck 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).

Drive-through facility, accessory.

(1)

See "drive-through facility, principal" regulations in § 84-47 of this article.

Electric vehicle (EV) charging station.

(1)

An EV charging station shall be subject to the following requirements:

(a)

EV charging station types:

[1]

Level 1. A slow charging system with a voltage range of 0 through 120 AC123. For the purposes of a building permit application, Level 1 EV charging stations are for private use only.

[2]

Level 2. A medium charging system with a voltage range of 121 through 240 AC124. For the purposes of a building permit application, Level 2 EV charging stations are for both private and public use.

[3]

Level 3. A fast-charging system with a voltage range greater than 240 AC125. For the purposes of a building permit application, Level 3 EV charging stations are for public use only.

(b)

Where provided, parking for EV charging purposes shall meet the standards in Article VI of this chapter.

[1]

A standard-sized parking space shall be used for an electric vehicle charging station where such a station is required or planned.

[2]

Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operation shall be included, if time limits, or tow-away provisions are to be enforced.

(c)

A property owner may not install any EV charging station on a property until a building permit has been issued by the Township.

(d)

EV Make-Ready System.

[1]

All new, expanded, and reconstructed parking areas may provide for the electrical capacity necessary to accommodate the future hardware installation of EVCs through an electric vehicle make ready system.

[2]

A property owner who installs an electric vehicle make ready system rather than an EV charging station may not qualify for a reduction to the parking space provision requirements until the time the EV charging station is installed.

(e)

EV charging station equipment mounted on pedestals, light posts, bollards, or other devices shall be a minimum of 24 inches clear from the face of curb.

(f)

EV charging station outlets and connector devices shall be no less than 36 inches or no higher than 48 inches from the top of surface where mounted and shall contain a retraction device and/or a place to hang permanent cords and connectors sufficiently above the ground or paved surface.

(g)

EV charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.

(h)

To allow for maintenance and notification, the owners of any private new EV infrastructure station that will be publicly available shall provide information on the station's geographic location, date of installation, equipment type and model, and owner contact information.

(i)

Time limits may be placed on the number of hours that an EV is allowed to charge, prohibiting indefinite charging/parking. If applicable, warnings shall be posted to alert EV charging station users about hours of use and possible actions affecting EV charging stations that are not being used according to posted rules.

(j)

Placement of a single EV charging station is preferred at the beginning or end stall on a block face.

Farm market.

(1)

A farm market shall be subject to the following requirements:

(a)

Products sold at a farm market shall be grown on-site.

Home occupation.

(1)

A home occupation shall be subject to the following requirements:

(a)

No more than three attendees shall be allowed at one time.

(b)

No more than two persons who are not members of the family and reside in the dwelling unit shall be employed.

(c)

Off-street parking shall be provided for employees and clients in addition to the minimum required parking for the residential dwelling.

(d)

Articles not produced on the premises shall not be sold on the premises.

(e)

There shall be no display of merchandise available for sale on the premises. However, merchandise may be stored on the premises for delivery off the premises.

(f)

All income derived from the home occupation 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 Township Code, Act 511 of 1965, Pennsylvania's Local Tax Enabling Act, (53 P.S. § 6901 et seq.) and otherwise applicable law.

(g)

The home occupation shall be carried on wholly within the principal structure.

[1]

No more than 25% of the gross floor area of the principal dwelling used shall be devoted to the conduct of the home occupation.

(h)

There shall be no outdoor storage of commercial vehicles, equipment, or materials used in the home occupation.

(i)

No more than one vehicle used in commerce shall be permitted in connection with any home occupation and any such vehicle shall be stored in an enclosed garage at all times.

(j)

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The home occupation shall comply with Article VI of this chapter.

(k)

The use shall not cause an increase in the use of water, sewage, garbage, public safety, or any other municipal services beyond that which is normal for the residences in the neighborhood.

(l)

The use shall not significantly intensify existing vehicular or pedestrian traffic that is normal for the residences in the neighborhood.

(m)

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

(n)

The use shall not require internal or external alterations or construction features which are not customary to a dwelling, or which change the fire rating of a structure.

(o)

The conduct of any home occupation 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.

(p)

No signage shall be allowed in residential zoning districts. In all other zoning districts one unlit sign, not over two square feet in area (height of one foot and length of two feet), 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.

(q)

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 home occupation.

(r)

The following uses shall be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized, including, but not limited to:

[1]

Professional services such as legal, financial, accounting, insurance, architecture, or engineering.

[2]

Barber and/or beauty shop containing no more than two chairs.

[3]

Website and graphic design.

[4]

Marketing, communications, and advertising.

[5]

Executive searching, recruiting, and consulting.

[6]

Private music and tutoring instruction of no more than three students at a time.

[7]

Art or photography studio.

[8]

Garment and fashion services including design, production or dressmaking, and tailoring.

[9]

Online sales and/or boutiques.

[10]

Home bakery.

[11]

Teletherapy and/or telehealth.

[12]

Personal fitness training.

[13]

Dietitian and nutrition services.

[14]

Florist.

[15]

Day-care, home-based (see day-care, home-based regulations in this article).

[16]

Construction and landscaping services.

No-impact home-based business.

(1)

A no-impact home-based business shall be subject to the following requirements:

(a)

All income derived from the no-impact home-based business 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 Township Code, Act 511 of 1965, Pennsylvania's Local Tax Enabling Act, (53 P.S. § 6901 et seq.) and otherwise applicable law.

(b)

A no-impact home-based business shall not be conducted in any accessory structure.

(c)

There shall be no outdoor storage of commercial vehicles, equipment, or materials used in the no-impact home-based business.

(d)

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.

(e)

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.

(f)

Outdoor dining.

(1)

Outdoor dining areas associated with any nonresidential use in nonresidential zoning districts shall be subject to the following requirements:

(a)

Outdoor dining areas shall be an accessory use to restaurants.

(b)

Outdoor dining areas shall be clearly delineated on the lot and separated from any required parking areas by a physical barrier.

(c)

Outdoor dining areas shall not exceed 200 square feet or 10% of the total floor area devoted to food and beverage service use, exclusive of kitchen and multipurpose banquet/meeting rooms, whichever is greater. Only food and beverage service use areas located on the same floor as the outdoor patio may be used for this tabulation.

(d)

No part of any outdoor dining area shall be within 200 feet of any residential use or residential zoning district.

(e)

All outdoor dining areas shall be screened with landscaping or other screening material from view from properties located in residential zoning districts.

(f)

Outdoor dining areas shall maintain a clear path of no less than five feet or shall meet the minimum ADA[1] accessible path regulations. The Zoning Officer may permit paths of travel of less than five feet in instances where safe access can be determined.

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

(g)

Outdoor dining areas shall not block safe access to businesses, parking spaces, bike stalls, or other spaces required by local, state, or federal building or safety codes.

(h)

Outdoor dining areas shall not encroach onto private properties, sidewalks, or crosswalks and shall have a fifteen-foot setback area from crosswalks and curb cuts.

(i)

Chairs shall not extend into the required accessible minimum walkway width of five feet at any time. Chairs must be at a scale appropriate to the size of the table or space available for seating.

(j)

Portable outdoor heating devices and permanently mounted heating devices shall be reviewed by the Zoning Officer for safety and require either an occupancy permit or zoning permit, as applicable.

(k)

Outdoor events, live music, and the like associated with outdoor dining shall require a temporary event, structure, or use permit approved by the Zoning Officer.

Patio.

(1)

A patio associated with any nonresidential use in nonresidential zoning districts shall be subject to the following requirements:

(a)

Patios used for seating or dining associated with a permitted nonresidential use, so long as the patio 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.

Solar energy system, small.

(1)

A small solar energy system associated with any residential use in all zoning districts shall be subject to the following requirements:

(a)

Small solar energy systems for dwelling units in nonresidential zoning districts shall require a land development and all provisions of applicable ordinances shall be met.

(b)

Plans shall be provided to the Township to indicate the location of the proposed system including the percentage of roof coverage, if the system is mounted on a building.

(c)

Where installed on the roof of a building, no small solar energy system shall be installed such that more than 75% of each roof area is covered by the system.

(d)

An accessory solar energy structure may be installed on an existing roof and shall not extend beyond the surface of the roof or project into any yard.

(e)

Such a structure may be mounted on the roof provided it has a maximum height of one foot above the roof line as measured from the highest point of the roof for flat roofs, the deckline of mansard roofs, or the mean height between eaves and ridge for gable, hip, and gambrel roofs.

(f)

No solar energy structure may be installed before securing a building or construction permit.

(g)

Noise from any small solar energy system shall not exceed 15 decibels (dBa) at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant, or consent which has been recorded with Allegheny County. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

(h)

Construction of any small solar energy system shall comply with all applicable rules, laws, and regulations of the FAA. Documentation of compliance shall be provided to the Township.

(i)

To the extent applicable, all small solar energy systems shall comply with the PA UCC and the regulations adopted by the Pennsylvania Department of Labor and Industry (PA L&I).

(j)

Small solar energy systems shall not display advertising, except for reasonable identification of the facility manufacturer.

(k)

Transmission and power lines shall be placed underground or out of sight.

(l)

No small solar energy system shall be attached to a tree or any other natural object or structure not intended to support such a facility, except that systems may be appropriately attached to buildings capable of accommodating them.

(m)

No small solar energy system shall be installed immediately adjacent to a swimming pool or other open body of water.

(n)

All businesses and residences within the Township that have solar panels, whether ground-mounted or roof-mounted, shall display a window sign on the building that states "Solar-Equipped" to alert the Wexford Volunteer Fire Company. This sign shall be provided by the Township at the property owner's expense.

(o)

Ground-mounted small solar energy systems shall be screened from adjoining residential uses or residential zoning district according to the standards found in § 84-84 of this chapter.

Swimming pool, private home/residential.

(1)

A private home swimming pool accessory to a residential use in any zoning district shall be subject to the following 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)

Private home swimming pools shall not be located closer than 20 feet to any lot lines of the lot on which the principal structure is located.

(c)

In-ground pools and aboveground pools under 48 inches shall be enclosed by a fence, as required by § 84-85 of this chapter.

Swimming pool, public/commercial (accessory).

(1)

See "swimming pool, public/commercial, principal" regulations in § 84-85 of this article.

Temporary events, structures, or uses.

(1)

Except as otherwise expressly provided in this section, temporary events, structures, and uses are permitted subject to the standards hereinafter established.

(a)

Temporary events, structures, and uses such as indoor and outdoor events, construction offices, equipment sheds, or trailers, exhibits or sales, tents, and miscellaneous structures or fences used for the protection of the public shall be permitted to be erected, provided a temporary event, structure, or use permit is applied for and obtained from the Zoning Officer pursuant to the requirements of this chapter including parcel size, parking provisions, traffic access and impact, and any undue adverse impact on surrounding properties. Temporary uses, structures, and events shall be completely removed upon the expiration of the time limit stated in the temporary event, structure, or use permit.

(b)

Before approving any temporary event, structure, or use, the Zoning Officer 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)

No temporary event, structure, or use shall be operated during any hours or on any days of the week except such as are designated by the Zoning Officer on the basis of the nature of the temporary use and the surrounding existing uses on adjoining and adjacent properties.

(d)

Additional licenses and permits required to sell products or food, or additional approvals from other governmental agencies, shall be provided to the Township.

(e)

No temporary event, structure, or use shall be operated without all required county and state approvals and permits.

(f)

Authorized temporary uses.

[1]

Construction offices, equipment sheds, or trailers.

[a]

Temporary construction offices, equipment sheds, or trailers shall be permitted only during the period that the construction work is in progress. A permit for the temporary structure shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six months.

[b]

Temporary construction offices, equipment sheds, or trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any lot line adjoining an existing residential use.

[c]

Temporary construction trailers or sheds shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use whatsoever.

[d]

A temporary construction trailer may be permitted for use as a sales center for residential lots. The maximum gross floor area of such a temporary sales center shall be 500 square feet. A permit for the temporary trailer shall be obtained from the Zoning Officer.

[e]

No combustible materials shall be stored in temporary construction trailers or sheds.

[2]

Indoor and outdoor events.

[a]

Indoor events may be permitted in any commercial zoning district, or in any public park in a residential zoning district subject to prior approval of the Township.

[b]

Outdoor events may be permitted in any zoning district on property owned by any not-for-profit group or organization.

[c]

Indoor and outdoor events shall be limited to two events/year for each applicant.

[d]

Indoor and outdoor events shall be limited to a period not to exceed five days.

[e]

Police security, crowd control, and traffic control shall be provided for the duration of the use.

[f]

The hours of operation for indoor and outdoor events shall be limited to 8:00 a.m. to 10:00 p.m.

[g]

Outdoor events are not required to 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.

[h]

Outdoor events are not required to comply with the maximum height requirements of this chapter.

[3]

Mobile food truck/vendor.

[a]

A mobile food truck/vendor shall be subject to the following requirements:

[i]

A temporary event, structure, or use permit shall be applied for and obtained from the Zoning Officer pursuant to the requirements of this chapter.

[ii]

A mobile food truck/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.

[iii]

A mobile food truck/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 curblines of any two public streets.

[iv]

A mobile food truck/vendor or group of mobile food truck/vendors shall not reduce the required parking for the use in which the mobile food truck/vendor is located.

[v]

Operation of mobile food truck/vendors shall be limited to 8:00 a.m. to 10:00 p.m.

[vi]

A mobile food truck/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.

WCF, nontower.

(1)

See "wireless communications facility (WCF)" regulations in § 84-97 in this article.

WCF, small (within the public ROW).

(1)

See "wireless communications facility (WCF)" regulations in § 84-97 of this article.

Wind energy system, small.

(1)

A small wind energy system accessory to a residential use in any zoning district shall be subject to the following requirements:

(a)

Small wind energy systems in nonresidential zoning districts shall require a land development and all provisions of applicable ordinances shall be met.

(b)

A small wind energy system shall follow all accessory use area and bulk regulations as outlined in Article III.

(c)

All small wind energy system shall be subject to the noise limitations of this chapter.

(d)

No small wind energy system shall be installed without first securing a construction permit from the Township.

(e)

Plans shall be provided to the Township to indicate the location of the proposed system.

(f)

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical and control equipment.

(g)

Construction of any small wind energy system shall comply with all rules, laws, and regulations of the FAA. Documentation of compliance shall be provided to the Township.

(h)

To the extent applicable, all small wind energy systems shall comply with the PA UCC and the regulations adopted by the PA L&I.

(i)

All electrical components of the small wind energy system shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.

(j)

Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority that regulates air safety.

(k)

Small wind energy systems shall not display advertising, except for reasonable identification of the facility manufacturer.

(l)

Transmission and power lines shall be placed underground or out of sight.

(m)

Setbacks.

[1]

From buildings: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the small wind energy system base to the highest reach of any movable or immobile part; except where the small wind energy system facility is mounted to a building, the setback shall not be required between the facility and the building to which it is attached.

[2]

From property lines: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the small wind energy system base to the highest reach of any movable or immobile part.

[3]

From public roads: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the small wind energy system base to the highest reach of any movable or immobile part.

(n)

Each vertically oriented small wind energy system mounted on a building shall be separated from any other small wind energy system by 1.1 times the height of the small wind energy system, measured from the point at which the facility is mounted to the building, to the highest reach of any movable or immobile part of the small wind energy system.

(o)

Maximum height. Where the facility is an independent structure and not mounted to a building, 20 feet maximum height in residential zoning districts and 75 feet maximum height in nonresidential zoning districts, measured from ground level to the tip of the small wind energy system's blade fully extended perpendicular to the ground plane. Where the small wind energy system is mounted to a building, the maximum height shall be 10 feet higher than the tallest point on the building.

(p)

Minimum vertical clearance between ground level and the lowest movable component of the small wind energy system when at its lowest point shall be 15 feet.

(q)

The color shall be a neutral and nonreflective tone, such as white, off-white, or gray. The small wind energy system coloring shall be solid, and any alphabetical or numerical characters shall be representative of the small wind energy system manufacturer only and shall comprise no more than five square feet.

§ 84-35 Adult and sexually oriented businesses.

An adult and sexually oriented business shall be subject to the following requirements:

Location.

(1)

There shall only be one adult and sexually oriented business permitted on a single lot or parcel.

(2)

No adult and sexually oriented business shall be located within 100 feet from any land or lot in a residential zoning district, or from any parcel of land or lot used principally as a residential use, whether situated in the Township or otherwise.

(3)

The use as an adult and sexually oriented business shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.

(4)

An adult and sexually oriented business shall be located only in buildings that have their main entrance facing upon State Route 19 and such entrance shall be the entrance used for the adult and sexually oriented business.

Measuring separation requirements.

(1)

The separation requirements in this subsection shall be measured from the lot line of an adult and sexually oriented business to the lot line of a protected land use or other adult and sexually 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 and sexually oriented businesses 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 and sexually oriented business 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.

Separation requirement.

(1)

An adult and sexually oriented business shall not be located within 1,500 feet of any other adult and sexually oriented business whether such other adult and sexually oriented business is situated in the Township or otherwise.

(2)

An adult and sexually oriented business shall not be located within 1,000 feet of any lot that is zoned residentially.

(3)

No adult and sexually oriented business shall be located within 600 feet of any parcel of land or lot, situate in the Township or otherwise, which contains any one or more of the following specified protected land uses:

Civic club;

College/university;

Day-care center;

Group care home;

Group home;

Hospital;

Park, dedicated open space, or recreation land;

(h)

Place of worship;

(i)

Public and semipublic uses;

(j)

Recreation facility, commercial or private;

(k)

Recreation facility, public;

School;

Theater, drive-in;

Theater, indoor;

Trade school.

Hours of operation. An adult and sexually oriented business may be open for business Monday through Saturday from 10:00 a.m. to 12:00 midnight. No adult and sexually oriented business 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.

Display of materials.

(1)

No materials or merchandise of any kind offered for sale, rent, lease, loan, or for view upon the premises of an adult and sexually oriented business shall be exhibited or displayed outside of a building or structure.

(2)

Any building or structure used or occupied as an adult and sexually oriented business 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.

Signage.

(1)

Each entrance of an adult and sexually oriented business 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 and sexually oriented business shall have no more than one wall sign.

(3)

The sign shall conform to the provisions of Article VI, 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:

[1]

Adult arcade;

[2]

Adult bookstore, novelty store, or video store;

[3]

Adult cabaret;

[4]

Adult mini motion-picture theater;

[5]

Adult motion-picture theater;

Adult theater;

Escort agency;

Nude model studio.

The wall sign for adult movie mini motion-picture and motion-picture 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.

§ 84-36 Agricultural operations.

An agricultural operation shall be subject to the following requirements:

Unless otherwise specified, agricultural uses include all normal agricultural operations, provided that the lot area shall be no 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.

Horses, ponies, cattle, goats, and any grazing animal shall not be kept, stabled, or corralled on any lot less than five acres.

Fowl shall not be permitted on any lot less than five acres.

For commercial hog raising, the minimum lot area shall be no less than 50 acres, and the hog-raising use shall not be conducted closer than 500 feet to any adjacent lot line.

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 ROW line.

§ 84-37 Animal day cares.

An animal day care shall be subject to the following requirements:

All animal day care shall comply with the appropriate health regulations prior to the issuance of any permit.

No outdoor area for the use of animals shall be permitted.

§ 84-38 Animal hospitals and veterinary services.

An animal hospital and veterinary service shall be subject to the following requirements:

All animal hospitals shall comply with the appropriate health regulations prior to the issuance of any permit.

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.

Noise and odors shall comply with the limits set forth in this chapter.

No outdoor area for the use of animals shall be permitted.

§ 84-39 Bed-and-breakfast establishments (B&B).

A bed-and-breakfast establishment shall be subject to the following requirements:

The operator must be the owner of the bed-and-breakfast establishment and shall reside on the premises.

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.

No sign, other than one unlit address sign, no more than two square feet in area, shall be permitted.

The bed-and-breakfast establishment shall obtain and maintain licenses from the appropriate state and county agencies.

The maximum number of rooms shall be eight, double-occupancy units.

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.

Meals shall be served to overnight guests only.

No events, meetings, or other activities for people who are not overnight guests shall be permitted.

§ 84-40 Care facilities and senior housing types.

Life care community.

(1)

A life care community shall be subject to the following requirements:

(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 and 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 Subsection B below.

(g)

All mechanical equipment shall be screened from the view of adjoining properties in accordance with the requirements of this chapter.

Nursing home.

(1)

A nursing home 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 § 84-117 of this chapter.

§ 84-41 Car washes, principal.

A car wash shall be subject to the following requirements:

All machine washing and machine drying operations shall be conducted within a building.

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.

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 zoning district.

All lot lines abutting or adjacent to residential zoning 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.

Front yards shall be landscaped subject to the requirements in Article VI of this chapter.

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.

All car washes shall connect to public sewers.

Environmental controls.

(1)

Car washes shall include a water reclamation system for the purpose of recycling water to the maximum degree possible given the equipment to be used in conducting car wash activities.

(2)

Filtration of wastewater shall be conducted before discharge to a sanitary sewer system.

(3)

A National Pollutant Discharge Elimination System (NPDES) permit from the Pennsylvania Department of Environmental Protection (DEP) is required to discharge wastewater directly into a surface water body or to a storm sewer that discharges to a surface water body.

(4)

Residual sludge shall be disposed of in accordance with the DEP requirements and standards.

§ 84-42 Cemeteries.

A cemetery shall be subject to the following requirements.

Expansion and/or establishment of cemeteries must be in conjunction with and adjacent to existing cemeteries or places of worship.

All garages, equipment shelters, offices, and similar structures shall be screened from adjacent streets and residential properties by appropriate planting or fences approved by the Board of Supervisors on the basis of design, aesthetic quality, and general adequacy.

All equipment shall be properly stored when not in use.

No gravesite shall be placed where wetlands exist or are suspected.

If a gravesite causes the removal of a tree of significance, the cemetery is responsible for mitigation as outlined in Chapter 78 of the Township Code.

§ 84-43 Civic clubs.

A civic club shall be subject to the following requirements:

The minimum site required shall be one acre.

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 Article VI of this chapter.

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.

All other activities and operations shall be conducted within a completely enclosed building.

Ingress and egress shall be designed to maximize sight distance along adjacent public streets.

§ 84-44 Colleges/universities.

A college/university shall be subject to the following requirements:

The site shall have frontage on and direct vehicular access to an arterial or collector street.

Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion and provide for adequate emergency vehicle access.

A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.

A buffer yard shall be provided in accordance with the requirements of Article VI of this chapter and along all property lines that adjoin residential uses or zoning districts.

Outdoor recreation facilities shall be located a minimum of 300 feet from any property line adjoining a single-family dwelling.

The owner and operator of the college/university shall be responsible for the conduct and safety of the students, employees, visitors, faculty, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by students, employees, visitors, faculty, and guests.

§ 84-45 Commercial or public parking garages or lots, principal.

A commercial or public garage or lot shall be subject to the following requirements:

Commercial or public parking garage or lot shall be used exclusively for parking of passenger vehicles.

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.

No commercial repair work or services of any kind shall be conducted in any commercial or public parking garages or lots.

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.

§ 84-46 Day-care centers.

A day-care center shall be subject to the following requirements:

No permanently installed play equipment shall be located in the required front yards.

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.

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.

The facility shall be registered with or licensed by the commonwealth. Proof of this valid license shall be provided to the Township prior to the Township's issuance of an occupancy permit for the use.

There shall be provided an adequate area for safe drop-off and pickup. Areas for drop off and pickup shall be safe for vehicle traffic and typically be separated from normal vehicle traffic and shall not cause traffic congestion or unsafe traffic circulation either on-site or on the adjacent public streets.

Interior space shall be provided as per the regulations of the Pennsylvania Department of Human Services. In addition, other lot and area requirements within the zoning district in which the day care is proposed shall apply.

§ 84-47 Drive-through facilities, principal.

A principal drive-through facility shall be subject to the following requirements:

Drive-through lanes shall be located to the rear of buildings unless the Board of Supervisors determines that drive-through lanes located on the side of the building will have less impact on adjacent uses and vehicular and pedestrian circulation and safety.

Drive-through facilities shall be prohibited in the front yard and shall not be located to prevent direct pedestrian access from the public ROW to the principal building.

When adjacent to residential uses, drive-through facilities, including both the facility and queuing lanes, shall be screened from the adjacent residential properties by landscaping, grading treatments, architectural features, or a combination of all.

In the TVO, drive-through facilities, as principal uses, shall meet the front yard setback requirements.

Indoor and outdoor dining regulations shall not apply to restaurant, drive-throughs, as outlined in this article.

No more than one drive-through facility may be permitted per lot.

Site access.

(1)

Access driveways to drive through facilities shall be located as far away as possible from street intersections and corners and designed in accordance with the applicable street design standards specified under Chapter 78 of the Township Code.

(2)

The number of access driveways into a site shall be minimized to reduce conflicts between turning vehicles and other users of the street, reduce curb cuts and interruptions to the sidewalk.

(3)

Vehicle queuing lanes shall be separated from all aisles, shall not result in additional curb cuts along the same street frontage and shall not have direct ingress and egress from any street.

(4)

Vehicle queuing lanes shall not be directly accessible from a street.

(5)

Vehicle queuing lanes shall not obstruct or interfere with parking spaces, pedestrian aisles or walkways and loading or service areas.

Parking.

(1)

Parking areas where possible shall avoid having pedestrians cross driveways or vehicle queuing lanes to enter the building.

(2)

The parking areas shall not conflict with the ingress and egress of the vehicle queuing lanes. This can be achieved by locating the parking areas away from the vehicle queuing lanes or clearly delineating the parking areas with appropriate barriers and signage.

(3)

Larger parking areas shall be separated into smaller well-defined sections, using a combination of hard and soft landscaping to avoid large, paved surfaces in parking areas.

(4)

The use of impervious surfaces for paved areas in the parking lot shall be minimized. The use of pervious surfaces in combination with soft landscaped areas to contribute to the appearance and environmental sustainability of the site is encouraged.

§ 84-48 Drug and alcohol treatment facilities.

A drug and alcohol treatment facility shall be subject to the following requirements:

A drug and alcohol treatment facility shall have frontage on and direct access to an arterial or connector road.

All alcohol rehabilitation clinics shall be licensed by the commonwealth.

All buildings proposed to contain a drug and alcohol treatment facility shall fully comply with the requirements of the then current edition of the International Building Code (IBC), as adopted by the Township.

In addition to the otherwise required number of parking spaces specified in Article VI of this chapter for the usage of the building proposed for a drug and alcohol treatment facility, additional parking shall be required specifically for the drug and alcohol treatment facility at a rate of one additional parking space for each 200 feet of area devoted to the drug and alcohol treatment facility.

Each building or portion thereof proposed for use as a drug and alcohol treatment facility shall have a separate and distinct entrance utilized solely for direct entrance into the drug and alcohol treatment facility. Access to the drug and alcohol 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.

§ 84-49 Dwelling types.

Garden apartment.

(1)

A garden apartment shall be subject to the following requirements:

(a)

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 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, ROWs, 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 Article VI of this chapter and shall contain the park and recreation facilities mandated therein.

(g)

Off-street parking areas.

[1]

A minimum of 40% of such required parking shall be provided in enclosed structures.

(h)

Streetlights shall adhere to the lighting requirements as provided in Article VI of this chapter.

(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 no more than 25%.

(k)

A buffer yard shall be provided in accordance with the provisions of Article VI of this chapter along any residential use or zoning district.

Garden apartment in structures 6,000 square feet or less.

(1)

A garden apartment in structure 6,000 square feet or less shall be subject to the following requirements:

(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]

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 no more than 25%.

Manufactured homes.

(1)

Manufactured homes shall be subject to the following requirements:

(a)

Individual manufactured homes shall be connected to either a public or private water and sanitary sewer system.

(b)

Individual manufactured homes shall be placed on permanent, block foundations.

Single-family dwellings, attached (townhouse/row home).

(1)

Single-family dwellings shall be subject to the following requirements:

(a)

All new subdivisions with single-family dwellings shall have a minimum two entrances if over 50 units are proposed.

(2)

Single-family dwellings in nonresidential zoning districts.

(a)

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.

(b)

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)

Floor area requirements. The floor area requirements for single-dwelling shall be determined according to Table 7.

Table 7: Attached Single-Family Dwelling Floor Area Requirements
Number of Stories	Minimum Ground Floor Living Area (excluding garage and porch floor area) (square feet)	Minimum Floor Living Area Per Dwelling (excluding garage and porch floor area) (square feet)
Less than 2	1,200	1,200
2 or more	900	1,200

(3)

Additional requirements for single-family dwelling, attached (new developments).

(a)

The minimum gross land area of the development site shall be 10 acres for attached single-family dwelling.

(b)

The maximum density (dwelling units per acre) shall be four units per acre (excluding roadways).

(c)

Building height.

[1]

No attached single-family dwelling buildings shall have a height greater than three habitable stories or 35 feet.

[2]

Chimneys, spires, tanks, or similar architectural projections may exceed the prescribed height by no more than 25%.

(d)

A buffer yard, in accordance with the provisions of Article VI of this chapter, shall be provided along any zoning district line or residential use to provide proper separation for abutting residential property.

(e)

Facades.

[1]

No building shall have a length or a width greater than 300 feet.

[2]

Single-family attached dwellings shall have no more than three consecutive dwellings with identical facades with identical front yard setbacks.

[3]

Alternating groups of three facades may have identical setbacks.

[4]

A visual structural break either in roofline or front facade shall be provided between every attached single-family dwelling.

Common open space.

The common open space shall be developed and maintained subject to the standards set forth in Article VI of this chapter and shall contain the park and recreation facilities mandated therein.

(5)

Off-street parking areas.

(a)

A minimum of 40% of such required parking shall be provided in enclosed structures.

(6)

Streetlights shall adhere to the lighting requirements as provided in Article VI of this chapter.

(7)

Chimneys, spires, tanks, or similar architectural projections may exceed the prescribed height by no more than 25%.

(8)

A buffer yard shall be provided in accordance with Article VI of this chapter along any residential use or zoning district.

§ 84-50 Essential facilities.

An essential facility shall be subject to the following requirements:

An electrical power substation, gas regulator building, or other essential facilities building is necessary to service the zoning district in which the use is being requested.

The buildings shall be designed within an enclosed building or screened with chain-link fencing so that no dangerous wires or other sources of power are exposed.

§ 84-51 Forestry.

Forestry shall be subject to the following requirements:

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. 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 ROWs approved by the Board of Supervisors.

(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.

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 of 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 aicensed 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 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 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 Pennsylvania 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.

Logging operation practices and regulations.

(1)

All logging operation or removal of products shall adhere to the noise limitations outlined in Article VI of this chapter.

(2)

Any logging operation in existence at the time of the enactment of this article may continue without interruption, provided that application is made within 30 days of said enactment for a logging permit under the provisions of this article and that such permit is granted.

(3)

The maximum term of any permit issued pursuant to this article 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 GWO District shall comply with requirements of Article V of this chapter.

(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 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 in violation of the permit requirements and conditions.

(7)

Felling or skidding on or across any public road or ROW is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for maintenance of such public road or ROW.

(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.

Road maintenance, protection, and bonding.

(1)

The Township 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 PennDOT.

(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.

§ 84-52 Funeral homes/crematoriums.

A funeral home/crematorium shall be subject to the following requirements:

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

All off-street parking spaces must be provided on-site.

Building and parking setbacks shall be consistent with the surrounding neighborhood and surrounding developments.

All rooms available for funerals and viewings shall be located within the principal building.

§ 84-53 Gas/fuel stations.

A gas/fuel station shall be subject to the following requirements:

No gas/fuel station shall be located within 1,000 feet of another gas/fuel station.

A gas/fuel station may include a convenience store, in which the convenience store shall be treated as a retail use, as regulated by this chapter.

The facades of the principal building shall front on a roadway with streetscape enhancements. In addition, the principal building shall be physically linked with sidewalks to the required streetscape enhancements.

Pumps, canopies, tanks, accessory uses, and accessory structures shall be located behind the principal building.

The ingress and egress shall not create hazardous conditions or undue congestion of traffic circulation in the immediate area.

Air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 10 feet from any property line.

All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.

All canopy lighting must be fully recessed within the canopy.

§ 84-54 Group care facilities.

A group care facility shall be subject to the following requirements:

The minimum area and bulk regulations for a group care facility shall be the same as those required for all uses in the zoning district in which the facility is located.

A group care facility shall have frontage on and direct vehicular access to an arterial or collector road.

No group care facility shall be established within 1,000 feet of another group care facility.

Adequate provisions shall be made for access for emergency medical and fire vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Hours of operation and activities must be appropriately scheduled to protect adjacent properties from unreasonable disturbance or interruption.

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.

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.

§ 84-55 Halfway houses/recovery communities.

A halfway house/recovery community shall be subject to the following requirements:

A halfway house/recovery community must be licensed where required by an appropriate government agency(ies) and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be delivered to the Township prior to beginning the use.

A halfway house/recovery community shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the house.

Residents of a halfway house/recovery community shall maintain a single household unit with shared use of living areas, eating areas, bathrooms and food preparation and serving areas, and shall share mealtimes and housekeeping responsibilities.

A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

The halfway house/recovery home shall not be located within 1,000 feet of any to a lot utilized for an existing halfway house/recovery home, school, public playground, public park, residential housing area, residential lot, single-family dwelling, day-care center, place of worship, or other actual place of regularly scheduled religious worship established prior to the proposed use.

Any use permit granted for the halfway house/recovery home shall be bound to the type and number of residents listed on the application. Any change in the type or number of residents being housed shall require a new public hearing before the Board of Supervisors.

The halfway house/recovery community shall not alter the essential character of the neighborhood or zoning district in which the halfway house/recovery community is located.

§ 84-56 Heliports.

A heliport shall be subject to the following requirements:

The minimum site area required for a heliport shall be five acres.

The provisions of this section shall be enforced by the Building Inspector, Zoning Officer, and any other Township Official charged with the enforcement of the Township Code.

In determining whether or not to grant permits for applications filed under this section, the Planning Commission shall determine whether or not the proposed location is properly zoned for heliports, as provided in Article III.

Takeoff and landing.

(1)

It shall be unlawful to take off or land a helicopter anywhere within the Township 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 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 Northern Regional Police Department, 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 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, all costs and expenses associated with the involvement and use of personnel and equipment of the Northern Regional Police, the McCandless-Franklin Park Ambulance Authority, or the Township (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 and shall be in addition to any other appropriate action or remedy, civil or criminal, applicable to such event or conduct associated therewith.

Application and issuance of permits.

(1)

Prior to establishing or operating a heliport within the Township, any such operator must first apply for and receive a permit from the Township.

(2)

Applications for permits to operate a heliport shall be filed with the Township Manager, who shall refer the application to the Planning Commission for review and recommendation prior to approval of the Board of Supervisors.

(a)

In connection with its review of the application, the Board of Supervisors shall hold a public hearing on the application.

(b)

Applications for a permit to operate a heliport must contain, at a minimum, the following information:

[1]

The type and characteristics of helicopters to be used and proposed frequency of operation.

[2]

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 800-foot radius and must designate the approach-departure path corridors.

[3]

The land development plan shall also show the relationship of the heliport to the lot lines, streets, and zoning district boundaries; 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.

[4]

Any such other information as may be deemed required by the Township Manager, Board of Supervisors, or Planning Commission.

[5]

The location must have been inspected and approved by PennDOT 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 PennDOT, 67 Pa. Code § 471.6 Heliport Rating.

[6]

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.

(c)

Any permit issued under this section shall be revoked if any of the following occur:

[1]

The PennDOT 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.

(d)

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.

§ 84-57 Hospitals.

A hospital shall be subject to the following requirements:

The minimum site area required for a hospital shall be five acres.

All hospitals shall be licensed by the commonwealth.

The site shall be served by public water and public sewers.

Water pressure and volume shall be adequate for fire protection.

The site shall be served by a collector road or arterial road.

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the Wexford Volunteer Fire Company for comments regarding traffic safety and emergency access.

A buffer yard shall be provided in accordance with the requirements of Article VI of this chapter.

A private use helipad, if proposed as part of the hospital, shall be subject to the requirements of helipads as provided in this article.

§ 84-58 Junkyards.

A junkyard shall be subject to the following requirements:

The site must be a minimum of 10 acres.

The site shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

No garbage, organic waste, or hazardous waste shall be stored, buried, or disposed of on the site.

The manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for firefighting and to prevent the accumulation of stagnant water. The proposed layout of the junkyard shall be indicated on the site plan submitted with the application.

No junk shall be stored or accumulated, and no structure shall be constructed within 50 feet of any dwelling unit or within 50 feet of any other parcel line or ROW of a public street.

The site shall be enclosed by a metal chain-link fence not less than six feet in height supported on steel posts with self-latching gate.

No vehicles or material related to the principal use shall be stacked higher than the visual barrier.

The Board of Supervisors may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation, and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the zoning district or adjacent parcels.

§ 84-59 Kennels.

A kennel, excluding indoor kennels, 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 buffer yard shall be required to be installed and maintained along all property boundary lines; such buffer yards shall meet all standards for a major separation buffer yard, as such are set forth in Article IV of this chapter.

(6)

Licensure by the commonwealth 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.

Indoor kennels shall be the subject to the following requirements:

(1)

Location.

(a)

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:

[1]

Animal hospital and veterinary service.

[2]

Animal day care.

[3]

Commercial or public parking garage.

Essential facility.

Vacant retail space.

Warehouse.

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:

Day-care center.

Hospital.

Life care community.

Medical clinic.

Nursing home.

Offices, business or professional.

[7]

Places of worship.

[8]

Residential use.

[9]

Restaurants, with or without drive-through facilities.

[10]

Retail sales and services.

[11]

Any other use(s) deemed to be incompatible with that of an indoor kennel, as such is determined by the 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 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)

(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.

§ 84-60 Light manufacturing, research, and testing.

Light manufacturing, research, and testing shall be subject to the following requirements:

No curb cuts or driveways that provide access to or from a residential street shall be used or established.

No curb cuts or driveways shall be located within 150 feet of any residential zoning district boundary line.

No trucks, tractors or trailers shall be maneuvered, parked, fueled, stored, loaded, or unloaded within 100 feet of any residential zoning district.

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 zoning district.

A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.

§ 84-61 Medical clinics.

A medical clinic is subject to the following requirements:

A medical clinic shall not include a drug and alcohol treatment facility or methadone treatment facility.

The minimum site area required for a new medical clinic not located within a shopping center or plaza shall be one acre.

Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.

All medical clinics shall be licensed by the commonwealth.

The site shall be served by public water and public sewers.

Water pressure and volume shall be adequate for fire protection.

Applicants must clearly demonstrate that the use will be compatible with the existing neighborhood, particularly with regard to traffic circulation, parking, and appearance.

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the Wexford Volunteer Fire Company for comments regarding traffic safety and emergency access.

§ 84-62 Medical marijuana dispensaries.

A medical marijuana dispensary shall be subject to the following requirements:

A medical marijuana dispensary 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 Department of Health. Should registration be denied or revoked at any time, any conditional use approval shall immediately become void.

The applicant shall demonstrate compliance with all facility regulations in Section 802 of the Medical Marijuana Act, as amended (Act 16, Pennsylvania Law 84, No. 16).[1]

[1]

Editor's Note: See 35 P.S. § 10231.802.

A medical marijuana dispensary shall always operate in compliance with all Department of Health regulations pertaining to such facilities.

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.

No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

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.

§ 84-63 Medical marijuana growers/processors.

A medical marijuana grower/processor shall be subject to the following requirements:

A medical marijuana grower/processor shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall always maintain a valid, accurate, and up to date registration with the Department of Health. Should registration be denied or revoked at any time, any conditional use approval shall immediately become void.

A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

A medical marijuana grower/processor must be located on a lot containing no less than one acre.

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.

A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility.

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.

§ 84-64 Methadone treatment facilities.

A methadone treatment facility shall be subject to the following requirements:

A methadone treatment facility shall have frontage on and direct access to State Route 19.

For any building (or portion thereof) 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, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, day-care center, place or worship, or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment.

Notwithstanding Subsection B above, a methadone treatment facility may be established and operated closer than 500 feet (or the then current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, day-care center, place of worship, or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment, if, by majority vote, the Board of Supervisors approves a use for said facility at such location. At least 14 days prior to any such vote by the Board of Supervisors, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the Township 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.

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.

In addition to the otherwise required number of parking spaces specified in Article VI 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.

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.

§ 84-65 Microbreweries/distilleries.

A microbrewery/distillery shall be subject to the following requirements:

Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.

Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. The Township may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.

§ 84-66 Mineral developments.

A mineral development shall be subject to the following requirements:

A mineral development shall be located at least 500 feet from any existing residential lot.

There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

Mineral development shall be prohibited in watersheds of rivers or streams now or hereafter designated by the Pennsylvania Fish and Boat Commission as a "wilderness trout stream," by the PA DEP as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.[1]

[1]

Editor's Note: See 16 U.S.C. § 1271 et seq.

No mineral development shall be conducted within 300 feet of any public building, school, place of worship, community or institutional building, commercial building, public park, or private recreational area.

No mineral development shall be conducted within 100 feet of the ROW line of any public road, except where access roads or haulage roads join the ROW line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

No mineral development shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

No mineral development shall be conducted within 100 feet of a cemetery.

The applicant shall present expert testimony to demonstrate that the proposed mineral development operation will not adversely affect any of the following:

(1)

Lawful existing or permitted use of adjacent properties.

(2)

The quality of adequacy of any public or private water supply source.

(3)

Any flood-prone or landslide-prone areas within the Township.

The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent buildings or structures, or shall not substantially diminish underground water resources.

If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

The applicant shall provide reclamation plans for the site, which demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the zoning district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county, and Township roads and shall design the hauling routes for the mineral development operation to minimize the impact on local roads with the Township.

Portions of the site where mineral development and removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state or federal permits, including proof of insurability, before initiating any work and of maintaining the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within 90 days of the date of approval of the application by the Board of Supervisors unless the applicant submits a written request for an extension to the Board of Supervisors prior to the expiration of the 90 days explaining the reason for the delay in initiating the work and the Board of Supervisors approves the request.

Once work is initiated under an approved application for a conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. An application for renewal of zoning approval must be submitted prior to the date of expiration of zoning approval and can be granted by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation. Upon expiration or revocation of zoning approval for the conditional use, the applicant may reapply for approval of the conditional use.

During the mineral development operation, the Township Engineer may inspect the site at the request of the Township to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.

§ 84-67 Mixed uses.

A mixed use shall be subject to the following requirements:

Portions of buildings designated for commercial purposes shall not be used for dwelling purposes.

Portions of buildings designated for dwelling purposes shall not be used for commercial purposes.

Dwelling units in any residential zoning district shall not be converted or altered to allow other uses.

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.

All mixed use units shall be constructed in accordance with the Township's adopted Building Code.

§ 84-68 Motels or hotels.

A motel or hotel shall be subject to the following requirements:

No motel or 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.

Front, side, and rear yards of a motel or hotel shall be permanently landscaped and maintained in good condition.

Each motel or hotel sleeping unit shall have a minimum floor area of 400 square feet.

§ 84-69 Natural gas compressor stations and natural gas processing plants.

Natural gas compressor stations, natural gas processing plants, and oil and gas development shall be subject to the following requirements:

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.

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.

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.

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.

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.

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.

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 Chapter A144 of the Township Code.

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.

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.

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 DEP, 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 with 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 DEP and/or Allegheny County Conservation District.

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 PennDOT, 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 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 zoning district in which the natural gas compressor station or natural gas processing plant is to be located.

(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 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 zoning district in which the natural gas compressor station or natural gas processing plant is to be located.

(d)

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 chapter, 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 dBa during drilling activities;

[2]

Ten dBa during hydraulic fracturing/fracking operations;

[3]

Five dBa 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)

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.

(g)

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).

Prohibitions.

(1)

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.

(2)

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:

(a)

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 than a location within the floodplain.

(b)

An adequate emergency evacuation plan shall have been produced by the applicant and filed with the Township.

(c)

No storage of chemicals shall be permitted within the floodplain.

(d)

Only necessary and needed structures will be permitted within the floodplain.

(e)

All structures within the flood zone shall be designed to withstand a 100-year storm event.

(f)

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.

Compliance with other requirements.

(1)

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 Article VI of this chapter.

(2)

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 of the Township Code.

§ 84-70 Nightclubs.

A nightclub shall be subject to the following requirements:

One nightclub shall be permitted on a single lot or parcel.

A nightclub shall not be located within 100 feet from any land or lot in any residential zoning district, or from any parcel of land or lot used principally as a residential use, whether situated in the Township or otherwise.

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, places of worship, or libraries.

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.

Nightclubs shall not utilize outdoor speakers or generate noise in excess of the limits otherwise permitted by this chapter.

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 zoning 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.

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.

A proposed nightclub 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 of this chapter.

§ 84-71 Nurseries.

A nursery shall be subject to the following requirements:

Nurseries may display flowers or plants outside of an enclosed building, provided such display is within the lot lines no closer than 10 feet.

§ 84-72 Offices, business and professional.

An office, business and professional structure 6,000 square feet or less shall be subject to the following requirements:

The site shall have frontage on and direct vehicular access to an arterial or collector street.

Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.

§ 84-73 Oil and gas developments.

See "natural gas compressor stations and natural gas processing plants" regulations in § 84-69 of this article.

§ 84-74 Outdoor advertising signs (billboards).

Outdoor advertising signs shall be subject to the following requirements:

In addition to the conditional use application requirements provided in Article VIII of this chapter and Chapter 78, a photometric analysis report or study shall also be included as part of an application. All lots upon which outdoor advertising signs shall only have frontage on State Route 19 between the Township's northern boundary and the Pine Meadow Drive/Swinderman Road intersection with State Route 19.

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.

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).

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.

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).

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 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 or otherwise) on the opposite side of the roadway: 600 feet.

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.

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 Article VI of this chapter.

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.

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.

Except as otherwise specifically provided within this section, illumination of outdoor advertising signs shall comply with the requirements of § 84-133 of this chapter.

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.

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.

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 Township Code, Act 511 of 1965, Pennsylvania's Local Tax Enabling Act (53 P.S. § 6901 et seq.), and otherwise applicable law.

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 their cessation of use.

All outdoor advertising signs shall be constructed to all applicable structural standards for such devices, and all applications for the conditional use approval shall verify compliance with such standards as documented and sealed by a registered engineer.

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. Any conforming outdoor advertising sign found to be in a destroyed condition shall be repaired by the sign's owner within 30 days of the Township's written notification of such condition to the sign's owner or be dismantled and removed pursuant to Subsection A above.

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.

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, including, but not limited to PennDOT.

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 ROW line.

§ 84-75 Park-and-ride facilities.

A park-and-ride facility shall be subject to the following requirements:

Park-and-ride facilities shall be used exclusively for parking passenger vehicles.

Bicycle parking shall be included for a minimum of two bicycles.

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.

No sign of any kind other than conditions of use shall be maintained on any park-and-ride facility.

All park-and-ride facilities shall include litter receptacles, benches, and shelters to accommodate the number of vehicles proposed in the facility.

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.

A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.

Owners of park-and-ride facilities shall coordinate with the appropriate public transportation provider when transit bus stop facilities are included in the park-and-ride area. The installation of transit bus stop facilities shall adhere to the criteria specified in this article.

§ 84-76 Pharmacies.

A pharmacy shall be subject to the following requirements:

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 84-77 Places of worship.

A place of worship, shall be subject to the following requirements:

Parking shall be fully screened, as outlined in Article VI of this chapter and located at least 50 feet from any residential zoning district.

Shared parking with surrounding uses is encouraged for all places of worship.

§ 84-78 Recreation facilities, commercial or private.

A commercial/private recreation facility shall be subject to the following requirements:

Commercial/private recreation facilities may be indoor or outdoor in the permitted zoning districts outlined in Article III of this chapter but shall be indoors in the B-1 and C-2 Zoning Districts.

Commercial/private recreation facilities shall not include adult and sexually oriented establishments.

Indoor commercial/private recreation facilities shall only be located within structures that are fully equipped with sprinklers and meet or exceed all Building and Fire Code requirements.

Commercial/private recreation facility buildings shall not exceed 15,000 square feet.

Commercial/private recreation facilities shall comply with PA UCC regulations.

Outdoor commercial/private recreation facilities uses shall not be located within 100 feet from any residential lot line.

Access must be through a designated and permitted access drive that is either paved or has a dust-free surface.

§ 84-79 Restaurants.

A restaurant (without drive-throughs) shall be subject to the following requirements:

The restaurant use shall not cause any potential disruption or nuisance to surrounding uses or have a detrimental effect on surrounding property values.

Restaurants shall comply with outdoor dining regulations as outlined in this section.

There shall be no disruption to the surrounding business neighborhood.

The main structure, which contains the restaurant, shall have all approvals required by the Township.

A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.

§ 84-80 Restaurants, drive-through.

A restaurant, with drive-throughs, shall be subject to the following requirements:

Queuing spaces shall adhere to the regulations outlined in Article VI of this chapter and 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.

A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.

§ 84-81 Retail sales and services.

Retail sales and services shall be subject to the following requirements:

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.

Ingress, egress, and traffic circulation on the site shall be designed to minimize hazards and congestion.

No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 9:00 p.m. and 7:00 a.m.

As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle. Lighting levels shall also be reduced by half their standard operating power, between 11:00 p.m. and 6:00 a.m. The site shall have frontage on and direct vehicular access to an arterial or collector street.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

Retail sales and services with drive-through shall also be subject to the following requirements:

(1)

(2)

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.

§ 84-82 Self-storage facilities.

A self-storage facility shall be subject to the following requirements:

Minimum lot area for self-storage facilities shall be no less than one acre.

At least 40 feet of clear, unobstructed driveway depth will be provided from the road to the primary access gate or principal entry point of the facility.

Interior drive aisle widths shall be a minimum of 25 feet.

The buildings shall be designed and located so that overhead doors and the interior driveways within such facilities are not visible from the adjacent public ROW. This provision does not apply to overhead doors that are within an enclosed self-storage building and that are visible only through windows of the building.

No door openings for any storage unit shall be visible at ground level from any residentially zoned property.

All fences or walls visible from the public ROW shall be constructed of decorative building materials such as slump stone masonry, concrete block, wrought iron, or other similar materials.

Boats, campers, recreational vehicles, and travel trailers may be stored outside of an enclosed building, but only in an area designated for such outside storage on an approved site plan and not visible from the public ROW or adjacent property when viewed from the ground level.

The following uses are prohibited and all self-storage facilities' rental and/or use contracts shall specifically prohibit the same:

(1)

Residential use and/or occupancy.

(2)

Bulk storage of flammable, combustible, explosive, or hazardous materials. Nothing in this section is meant to prohibit the storage of motor vehicles, motor craft, or equipment that contain a normal supply of such fuels for their operation.

(3)

Repair, construction, reconstruction, or fabrication of any item, including but not limited to, any boats, engines, motor vehicles, lawn mowers, appliances, bicycles, or furniture.

(4)

Auctions, except as provided for in the Self-Service Storage Facilities Act (Act of Dec. 20, 1982, P.L. 1404, No. 325),[1] commercial wholesale or retail sales not related to the storage activity on the premises or garage sales. Retail sales of supplies associated with the rental of storage units and/or rental of vehicles shall be permitted, such as boxes, packing tape, locks, and similar items.

[1]

Editor's Note: See 73 P.S. § 1901 et seq.

(5)

The operation of power tools, spray-painting equipment, compressors, welding equipment, kilns, or other similar tools or equipment.

(6)

Any business activity within the storage units.

On-site management shall be provided for a minimum of 20 hours per week, during the hours of 8:00 a.m. and 7:00 p.m. EST. Contact information for management during the remaining hours of the day shall be prominently posted on the premises.

The maximum size for any storage unit shall be 20 feet by 40 feet for a total maximum of 800 square feet.

§ 84-83 Short-term rentals.

A short-term rental shall be subject to the following requirements:

The owner and operator of the short-term rental shall be responsible for the conduct and safety of guests and shall be available to respond to inquiries and promptly resolve any issues caused by guests.

If the applicant is a current member of a homeowners' association (HOA) which has jurisdiction over the property to be used as a short-term rental, then the applicant must obtain a letter of approval from such entity. Likewise, if the applicant is a tenant of the property, then the applicant must obtain a letter of approval from the landlord and/or recorded owner of the property.

The use shall not significantly intensify vehicular or pedestrian traffic, which is normal for the residences in the neighborhood.

The use shall not cause an increase in the use of water, sewage, garbage, public safety, or any other Township services beyond that which is normal for the residence in the neighborhood.

The short-term rental shall not adversely affect the residential character or negatively impact on lot values of the neighborhood.

The short-term rental shall not generate noise, vibration, odors, or other effects that unreasonably interfere with any person's enjoyment of their residence.

All short-term rentals shall be located within the principal dwelling units. Short-term rentals shall not occupy any accessory structure, outdoor space, travel trailer, or recreational vehicle.

Each short-term rental owner shall rent out the entire principal dwelling unit. Individual room or floor rentals shall not be permitted.

Only one party of guests shall be permitted in each short-term rental.

A short-term rental permit does not authorize incidental camping, which means any overnight camping, sleeping in tents, or on decks attached to the short-term rental.

A structure or property with a recorded county covenant, deed restriction or agreement restricting its use, including, but not limited to, affordable or achievable dwelling units or deed-restricted secondary dwelling units, shall not be used for short-term rentals.

All parking shall be located off-street and completely within the subject lot.

No outdoor advertising signs related to the rental dwelling shall be allowed on the site.

Short-term rentals shall not be rented during construction, remodeling, additions, or an active building permit, unless the building permit for the same has been approved by final inspection or Township-issued occupancy certificate, or approval by the Township's Building Code Official, and upon an affirmative showing by the agent that the safety and welfare of occupants can be maintained.

The following information shall be submitted with the conditional use application:

(1)

The name, address, telephone number and email address of the owner.

(2)

The name, address and twenty-four-hour telephone number of the designated local property representative.

(a)

Local property representative. The property owner shall designate a local property representative who shall be available 24 hours per day, seven days per week, for the purpose of 1) responding within one hour to complaints regarding the condition, operation, or conduct of occupants of the short-term rental, and 2) taking remedial action to resolve any such complaints. The name, address, and telephone contact number of the property owner and the local property representative shall be kept on file at the Township. The failure to provide the contact information, failure to keep the contact Information current, failure to respond in a timely manner to complaints, or the occurrence of repeated complaints may result in the suspension or revocation of approval and/or civil or criminal penalties.

(3)

A plan, drawn to scale, showing the lot, location of any improvements and available parking area. The number of bedrooms and beds including day beds available shall also be specified.

(4)

Occupancy load of the premises, as approved by the Township.

(5)

Proof of fire and hazard Insurance (provided to the Township on an annual basis).

(6)

Proof of liability insurance (provided to the Township on an annual basis).

(7)

A copy of the list of rules to be posted in the short-term rental and on the third-party platform.

(8)

A list of third-party platforms and/or websites the short-term rental is conducted on.

If the conditional use application is granted, the applicant shall register the business with the Township and provide the Zoning Officer with confirmation that the applicant has taken all action required to register with the Allegheny County Treasurer to enable the applicant to pay the hotel and/or room taxes imposed by Allegheny County. The Zoning Officer shall not issue a certificate of occupancy for the short-term rental until the applicant presents confirmation of registration.

All income derived from the short-term rental 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 Township Code, Act 511 of 1965, Pennsylvania's Local Tax Enabling Act (53 P.S. § 6901 et seq.), and otherwise applicable law.

A separate conditional use application is required for each short-term rental.

Notice posting. Upon approval, all short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit containing the following information:

(1)

The name of the owner of the unit and/or the local property representative and a telephone number at which that party can be reached on a twenty-four-hour basis.

(2)

The physical street address of the property.

(3)

The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.

(4)

The maximum number of all vehicles allowed to be on the property and the requirement that all guest parking shall be in the available parking areas on the property and not in or along any private, community or public street ROW or on any lawn or vegetated area on the property.

(5)

The trash pickup day and notification that trash and refuse shall not be left or stored outside of designated receptacles on the exterior of the property.

(6)

Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Township Code, including parking and occupancy limits.

(7)

Notification that short-term rental occupants and guests are required to make the property available for inspection by the Township upon request.

(8)

A copy of the conditional use approval.

Informational packets for short-term rental occupants.

(1)

Upon conditional use approval, a packet of information shall be provided to renters and posted conspicuously in the common area of the short-term rental summarizing guidelines and restrictions applicable to the short-term rental, including:

(a)

Information on maximum occupancy;

(b)

Applicable noise and use restrictions;

(c)

Location of designated off-street parking;

(d)

Direction that trash shall not be stored within public view, except within proper containers for the purpose of collection, and provision of the trash collection schedule;

(e)

Contact information for the local property representative;

(f)

Evacuation routes;

(g)

The renter's responsibility not to trespass on private property or to create disturbances; and

(h)

Notification that the renter is responsible for complying with this chapter and that the renter may be cited or fined by the Township for violating any provisions of this chapter.

Inspection. The property owner and/or local property representative shall maintain on file at the Township an up-to-date certificate of inspection documenting that the dwelling complies with the provisions for transient accommodations in the PCC, as adopted by the Township, and shall obtain an appropriate certificate of occupancy. It shall be the responsibility of the property owner and/or local property representative to schedule and pass an annual safety inspection.

§ 84-84 Solar energy facilities, large.

A large solar energy facility shall be subject to the following requirements:

The layout, design, and installation of large solar energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters' Laboratories, the American Standards Technical Manual, or other similar certifying organizations, and shall comply with the PA UCC, Act 45 of 1999, as amended and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

Large solar energy facilities shall comply with preliminary/final land development regulations as outlined in Chapter 78 of the Township Code.

The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound.

A noise study shall be performed and included in the application. The noise study shall be performed by an independent noise study expert and paid for by the applicant. Noise from a large solar energy facility shall not exceed 50 dBa, as measured at the property line.

All on-site utility and transmission lines extending to and from the large solar energy facility shall be placed underground.

All large solar energy facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street ROW.

Large solar energy facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.

All ground-mounted and freestanding solar collectors of large solar energy production facilities shall be completely enclosed by a minimum six-foot high fence with a self-locking gate.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

For a building-mounted system installed on a sloped roof that faces the front yard, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge of the system.

Building-mounted systems mounted on a flat roof shall not be visible from the public ROW immediately adjacent to the property at ground level. System components can be screened with architectural treatments such as a building parapet walls or other screening or by setting the system back from the roof edge in such a way that it is not visible from the public ROW at ground level.

For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed three feet above the highest point of the roof line to which it is attached.

For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.

The surface area of ground-mounted systems, regardless of the mounted angle of any portion of the system is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district in which it is located.

No signage or graphic content may be displayed on the system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

The owner and/or operator shall repair, maintain, and replace related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the large wind energy facility in good repair and operating condition.

The owner and/or operator shall maintain a phone number and identify the person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Township. The large solar energy facility owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

At the time of issuance of the permit for the construction of the large solar energy facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.

Vacation, abandonment, and/or decommissioning of solar facilities.

(1)

The large solar energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation.

(2)

Discontinuation/abandonment is presumed when a large solar energy system has been disconnected from the net metering grid for a period of six continuous months or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon the Township.

(3)

The large solar energy facility and all related equipment shall be removed within 12 months of the date of discontinuation or abandonment or upon the determination of the useful life of the solar system.

(4)

For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.

(5)

The owner or operator of the solar facility, upon issuance of all final occupancy permits and approvals by the Township and any associated permitting agencies, shall provide a form of financial security satisfactory to the Township, in the form of a bond or a letter of credit, for potential use of decommissioning the facility.

(6)

If the owner fails to remove or repair the vacated, abandoned or decommissioned solar facilities within the 12 month period outlined above, the Township reserves the right to enter the property, remove the system, and use the financial security in place mentioned in Subsection S(5) above by the owner or pursue other legal action as may be necessary to have the system removed at the owner's expense.

(7)

Any unpaid costs resulting from the Township's removal of a vacated, abandoned, or decommissioned solar system, if not covered by the financial security posted, shall constitute a lien upon the property against which the costs were charged. Each such lien may be continued, recorded, and released in the manner provided by the general statutes for continuing, recording, and releasing property tax liens.

§ 84-85 Swimming pools, public/commercial, principal.

A public/commercial swimming pool as a principal use shall be subject to the following requirements:

Swimming pool, public/commercial principal.

(1)

A public/commercial 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)

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.

(3)

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.

Barrier requirements.

(1)

A public/commercial 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.

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.

§ 84-86 Theaters, drive-in.

A drive-in theater shall be subject to the following requirements:

The minimum site required shall be five acres.

The site shall have frontage on and direct vehicular access to an arterial street or collector street.

The site shall not be located within 1,000 feet of any existing dwelling.

The volume and direction of outdoor speakers shall be designed and installed to comply with the limits set forth in this chapter.

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.

All aisles shall be a minimum of 12 feet wide.

§ 84-87 Theaters, indoor.

An indoor theater shall be subject to the following requirements:

Indoor theaters shall only be located within structures that are fully equipped with sprinklers and meet or exceed all Building and Fire Code requirements.

Indoor theaters shall not include adult and sexually oriented establishments.

§ 84-88 Trade schools.

A trade school shall be subject to the following requirements:

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.

All other activities and operations shall be conducted within a completely enclosed building.

The minimum site required shall be one acre.

Ingress and egress shall be designed to maximize sight distance along adjacent public streets.

A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.

§ 84-89 Transit bus stops.

A transit bus stop shall be subject to the following requirements:

Bus stop infrastructure, including ADA[1] loading pads, bus passenger benches, and bus shelters, as well as bus stop location signs and bus stop passenger information signs, shall be permitted by right in all zoning districts and shall be considered an accessory use/structure that can stand alone without the accompanying principal use.

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Bus stop infrastructure shall be exempt from minimum lot size, open space, yards, and setback requirements of the governing zoning district(s).

The location and design of the bus stop infrastructure shall be reviewed and approved by the applicable transit agency and township. The transit agency shall provide written documentation certifying that a location is an existing or potential future bus stop.

Whenever an ADA loading pad, bench for a bus stop, and/or bus shelter is provided, the applicable off-street parking requirements for the lot's principal use may be reduced by one or more vehicular parking space(s) for each bus stop location.

Bus stop location signs and bus stop passenger information signs installed and maintained by the transit agency shall be considered incidental and shall be permitted within the public ROW and on private property and shall be exempt from the sign requirements specified in Article VI of this chapter.

§ 84-90 Vehicle dealerships, new or used.

A vehicle dealership, new or used shall be subject to the following requirements:

The minimum site area shall be two acres.

No such use shall be located within 50 feet of any residential zoning district boundary line.

No vehicle or other merchandise displayed outdoors shall be closer than five feet to any property line, buffer yard or ROW line. No vehicle shall be parked on adjacent property or in any public ROW, and adequate spacing of vehicles and merchandise shall be maintained to allow access around vehicles and merchandise.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

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.

Vehicle dealerships that include vehicle repair and service shall adhere to the regulations in § 84-91 of this article.

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.

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 Article VI 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.

(a)

Additional landscaping within or along the perimeter of surface parking and loading areas shall be encouraged to minimize the impact of heat and glare from paving.

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.

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.

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 the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

§ 84-91 Vehicle repair and service stations.

A vehicle repair and service station shall be subject to the following requirements:

No such use shall be established on a property located within 50 feet of any residential zoning district boundary line.

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.

All repairs shall be performed within an enclosed principal building on the premises.

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.

No petroleum products or hazardous wastes shall be buried or disposed of on the premises.

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.

Landscaping.

(1)

Buffer yards shall be provided as required by and in conformity with the standards for the same set in Article VI of this chapter.

(2)

Landscaping shall be a minimum of 10 feet in width along all street frontage(s).

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.

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.

§ 84-92 Vehicle salvage yards.

See "junkyard" criteria in § 84-58 of this article.

§ 84-93 Vineyards.

A vineyard shall be subject to the following requirements:

The minimum lot size required is 10 acres.

Vehicular access to and from a vineyard shall be conducted from an arterial or collector road.

Vineyard operations shall be conducted in accordance with all applicable federal, state, county, and Township laws and regulations governing the production of crops and related operations.

No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted on the lot(s), with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.

A vineyard shall not significantly intensify vehicular or pedestrian traffic which is normal for residences in the neighborhood.

§ 84-94 Warehouses.

A warehouse shall be subject to the following requirements:

No curb cuts or driveways that provide access to or from a residential street shall be used or established.

No curb cuts or driveways shall be located within 150 feet of any residential zoning district boundary line.

No trucks, tractors or trailers shall be maneuvered, parked, fueled, stored, loaded or unloaded within 100 feet of any residential zoning district.

A traffic impact study is required and shall be reviewed and approved by the Township Traffic Engineer.

§ 84-95 Warehouse sales.

Warehouse sale shall be subject to the following requirements:

In addition to the requirements for warehouses in § 84-94, warehouse sales operations must provide parking for customers in accordance with Article VI of this chapter.

§ 84-96 Wind energy facilities, large.

A large wind energy facility shall be subject to the following requirements:

The layout, design, and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories, the American Standards Technical Manual, or other similar certifying organizations, and shall comply with the PA UCC, Act 45 of 1999, as amended and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.

All large wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff regulation shall not be considered a sufficient braking system for overspeed protection.

Large wind energy production facilities shall not be artificially lit, except to the extent required by the FAA.

Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.

Wind turbines and towers shall be a nonobtrusive color such as white, off-white, or gray.

All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent lot.

A clearly visible warning sign concerning voltage shall be placed at the base of all padmounted transformers and substations or fence.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

No portion of any large wind energy production system shall extend over parking areas, access drives, driveways, or sidewalks.

All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street ROW, or overhead utility line.

The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.

All large wind energy production facilities shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.

The large wind energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the lot. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.

§ 84-97 Wireless communications facilities (WCF).

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 WCFs in the Township. While the Township recognizes the importance of WCFs 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 WCFs while regulating their location and number so as to ensure the provision for necessary services;

(b)

Provide for the managed development of WCFs in a manner that enhances the benefits of wireless communications 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 nontower-based WCFs and SWCFs in the Township, including facilities both inside and outside the public ROWs;

(d)

Address new wireless technologies, including, but not limited to, SWCFs, distributed antenna systems, data collection units, cable Wi-Fi, and other WCFs;

(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.

General standards for nontower WCFs outside the public ROW.

(1)

All applicants seeking to construct, erect, or relocate a nontower WCF outside the public ROW 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.[1]

[1]

Editor's Note: See 53 P.S. § 11702.1 et seq.

(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 zoning districts subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

(b)

Prohibited on certain structures. Nontower WCFs shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(c)

Historic buildings. No nontower WCF shall be located on a building or structure in an historic district that is listed on either the National or Pennsylvania Register 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 WCFs 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 WCFs 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 Township Code.

[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 section.

(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 WCFs 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 WCFs.

(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 section. 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 section and any other provisions found within the Township Code, 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 WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(8)

Maintenance. All nontower WCFs 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. All nontower WCFs 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 WCFs 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. All nontower WCFs shall be designed to withstand the effects of wind according to the standard designed by the ANSI 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 shall, by itself or in conjunction with other nontower 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.

(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 Co-location Act,[2] the permit fees shall not exceed $1,000.

[2]

Editor's Note: See 53 P.S. § 11702.1 et seq.

(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 WCFs or shall be removed as follows:

(a)

All abandoned or unused nontower WCFs 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 Co-location Act.[3]

(a)

The Pennsylvania Wireless Broadband Co-location Act applies to applications for modification, replacement, and co-location that meet all of the following requirements:

[1]

The proposed co-location, 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 co-location, 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 Township.

[3]

The proposed co-location, modification, or replacement may not increase the dimensions of the equipment compound approved by the Township.

[4]

The proposed co-location, 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 co-location, modification, or replacement may not exceed the applicable wind loading and structural loading requirements for the wireless support structure.

(b)

An application for replacement, co-location, 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)

Subsection B(1) through (3) above shall not apply to facilities which are governed by the Pennsylvania Wireless Broadband Co-location Act.[4] To the extent permitted by law, the remaining provisions in Subsection B(4) through (16) above shall apply to co-location applicants desiring to place new nontower WCF on existing WCFs, 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.

[4]

Editor's Note: See 53 P.S. § 11702.1 et seq.

(d)

All applications shall be reviewed in accordance with applicable PA UCC and MPC timing provisions. Generally, within 30 calendar days of the date that an application for a nontower 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 an application. 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 WCF applicant, in writing, of such decision. The Township shall notify the WCF applicant as to the completeness of the WCF application within 30 days of receipt. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Co-location Act.

[3]

Editor's Note: See 53 P.S. § 11702.1 et seq.

General standards for all tower-based WCFs located outside the public ROW.

(1)

All applicants seeking to construct, erect, or relocate a tower-based WCF in the public ROW 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 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 Township 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.

(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 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 WCF.

(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 use 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 WCFs shall comply with the Township's written aesthetic standards provided in Chapter 70 of the Township Code. All tower-based WCFs 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 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 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 Board of Supervisors may deny an application to construct a new tower-based WCF if the applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-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 WCFs. As a condition of approval for all tower-based WCFs, the applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate nontower WCFs 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 ANSI 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 applicant's tower-based WCF and requires a greater tower height to provide satisfactory service for wireless communications than is required by the applicant, the total height of such tower-based WCF shall not exceed 150 feet, unless the applicant secures a waiver from the 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 WCF. 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 ROW.

(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 WCFs 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 WCFs shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Register 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 lit, except as required by law. If lighting is required, the 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 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 Township Code, 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 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)

[5]

Editor's Note: See 53 P.S. § 11702.1 et seq.

(x)

Nonconforming WCFs. 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 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 WCFs 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 WCFs that are 50 feet in height or less are permitted outside the public ROW 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 zoning 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 ROW 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 zoning district in which it is located. The minimum distance between the base of a tower-based WCF and any adjoining property line or street ROW line shall equal 115% of the proposed WCF structure height or the minimum required setbacks for the zoning 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 zoning district, and need not be affiliated with the WCF.

[b]

Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning 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 ROW line shall equal 115% of the proposed WCF structure height or the minimum required set-backs for the zoning 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 Township Code. 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 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)

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 Township Code 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.

General and specific requirements for SWCFs located in the public ROW.

(1)

Only SWCFs, tower-based or nontower-based, are permitted in the public ROW.

(2)

SWCFs shall be a permitted use in every zoning district if located in the public ROW and comply with the following regulations.

(3)

SWCFs and related equipment shall not be located in areas exclusively served by underground utilities.

(4)

SWCFs and related equipment shall not be located within the front facade area of any structure.

(5)

SWCFs and related equipment shall not be located within 300 feet of an existing SWCF.

(6)

SWCFs 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)

Antennaes 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)

SWCFs 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)

SWCFs 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 PUC 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 ROW;

(b)

The operations of the Township or other governmental entity in the ROW;

(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 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)

[6]

Editor's Note: See 53 P.S. § 11702.1 et seq.

(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 section and elsewhere within the Township Code, 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 PUC.

Police powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen, or impair the lawful police powers vested in the Township under applicable federal, state, and local laws and regulations.

§ 84-98 Wineries.

A winery shall be subject to the following requirements:

Winery operations shall be conducted in accordance with all applicable federal, state, county, and Township laws and regulations governing the production of crops and related operations.

Wineries may be in combination with a restaurant, commercial kitchen, or remain independent, however, a winery shall be the principal use.

A temporary event, structure, or use permit shall be required for all indoor and outdoor events including but not limited to private events and live music.

Wineries shall adhere to the noise regulations as provided in § 84-119 of this chapter.

A business established as a winery shall have one point of ingress and egress to a public road ROW. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicles.

Indoor and outdoor display areas associated with retail activity shall not exceed a total of 3,000 square feet in gross floor area. Display areas within parking lots and outdoor storage areas shall be included within the calculated gross floor area.

The minimum number of required parking spaces shall not be utilized for display areas and/or outdoor storage areas.

§ 84-99 Uses not listed.

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.

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 Board of Supervisors 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 Board of Supervisors shall consider the following characteristics of the proposed use:

(1)

The number of employees.

(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 this article and Article VI of this chapter.

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable conditional use listed in the zoning district in which it is proposed.

The proposed use shall be consistent with the statement of community development objectives of this chapter.