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Borough of New Salem, PA
York County
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Table of Contents
Table of Contents
In addition to the general standards for all conditional uses as contained in § 240-81, specific standards for conditional uses are set forth in this article. These standards must be met prior to the approval by the Borough Council of conditional uses in applicable zones.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
This use can be considered as an accessory use to an existing or proposed principal use, provided that all applicable provisions for its establishment are satisfied.
B. 
The proposed facility shall be constructed, operated and maintained in accordance with the rules and regulations of the Federal Aviation Administration and the Pennsylvania Bureau of Aviation governing the use of airports.
C. 
Certification that the site has been inspected and licensed by the Bureau of Aviation of the Pennsylvania Department of Transportation must be submitted to the Borough prior to use of the site.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Lot area: five acres minimum.
B. 
Lot width: 300 feet minimum.
C. 
Setbacks. Any area used for this purpose must be at least 75 feet from any property line and 100 feet from any street line.
D. 
The area to be used must be completely enclosed with a six-foot-high fence so constructed as not to have any openings greater than six inches in any dimension.
E. 
It must comply with all applicable state regulations and the Borough Junkyard Ordinance, if one exists.
F. 
No garbage or other organic waste shall be stored on the premises.
G. 
The premises shall be maintained so as not to constitute a public nuisance or health hazard to the community or nearby residents or to create a place for the breeding of rodents or vermin.
H. 
The manner of storage, arrangement of junk and the drainage facilities shall be designed so as to prevent the accumulation of stagnant water and to facilitate access for inspection purposes and fire fighting.
I. 
Fluids such as antifreeze, oil, and fuels from junked vehicles shall not be stored on site, and equipment shall not be drained or allowed to spill onto the ground. Such fluids shall be disposed of in an appropriate manner, e.g., oil-reclamation centers, etc.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Setbacks. All campsites shall be located at least 50 feet from any property line and 100 feet from any street line.
B. 
The proposed campground must comply with the appropriate health, sanitary and safety regulations of the Borough and the Commonwealth of Pennsylvania.
C. 
No more than 10 campsites shall be permitted per acre. A parking space for one automobile shall be provided at each site which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common area or lot.
D. 
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.
E. 
Consideration shall be given to traffic problems. If the nature of the campground is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated by the Borough's Comprehensive Plan.
F. 
All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line.
G. 
An internal road system shall be provided. The pavement width for the access drive entranceway shall be at least 24 feet. The pavement width for internal drives shall be a minimum of 16 feet. All internal drives must be improved to a mud-free, dust-free condition.
H. 
Accessory retail or service commercial uses.
(1) 
Any accessory retail or service commercial uses shall be set back at least 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors.
(2) 
Any parking spaces provided for such uses shall have vehicular access from the campground's internal road rather than the public street. The parking requirements for such uses shall be those required for retail stores in § 240-20B of this chapter.
I. 
Public water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
J. 
The use must comply with all applicable state and local laws and regulations.
In the GR Zone, telephone or telegraph exchange, radio or television broadcasting towers, micro-relay stations and similar facilities are permitted subject to the requirements of the zone in which located, except as herein modified and provided:
A. 
Climbing access to any broadcasting or receiving tower shall be secured from use by unauthorized persons.
B. 
Buffers and screens shall be provided as necessary to adequately protect neighboring properties.
C. 
Height requirements shall be as specified in § 240-17A of this chapter.
D. 
Any exterior lighting shall be directed away from all adjacent properties.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
The lot must be improved with a building containing an office, display room and appurtenant facilities.
B. 
All service and/or repair activities shall be conducted within a wholly enclosed building.
C. 
No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service repair operation shall be permitted.
D. 
All exterior vehicle storage areas shall be screened from adjoining residential uses and/or residential zones.
E. 
The demolition or junking of implements and equipment is prohibited.
F. 
No vehicles, implements, or equipment shall be stored if not awaiting repair or resale.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Access shall be via an arterial or collector street as designated by the Township's Comprehensive Plan.
B. 
A buffer yard 25 feet wide must be located on the site in all instances where the site adjoins a residential use or zone. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for building, parking, loading, or storage.
C. 
Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No materials may be stored so as to create a public health hazard or a public nuisance.
D. 
No toxic or hazardous materials may be stored on any property, except in compliance with applicable state regulations.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
This use can be considered as an accessory use to an existing or proposed principal use, provided that all applicable provisions for its establishment are satisfied.
B. 
The proposed heliport shall be constructed, operated and maintained in accordance with the rules and regulations of the Federal Aviation Administration and the Pennsylvania Bureau of Aviation governing the use of heliports.
C. 
Certification that the site has been inspected and licensed by the Bureau of Aviation of the Pennsylvania Department of Transportation must be submitted to the Borough prior to use of the site.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
All industrial activities shall be conducted within a completely enclosed building.
B. 
All buildings shall be set back at least 50 feet from any property line and 50 feet from the street right-of-way.
C. 
All storage shall be either within a building or in an area to the side or rear of the principal building enclosed by a six-foot-high fence and screened from adjoining properties.
D. 
Access shall be via an arterial or collector street as identified in the Borough's Comprehensive Plan.
E. 
Points of ingress and egress shall be designed to minimize congestion and hazards and to allow free movement of traffic on adjacent roads.
F. 
Exterior lighting shall be directed away from all adjoining properties.
G. 
Satisfactory evidence must be presented to show that disposal of toxic materials will be provided in a manner that will not create a public health hazard or nuisance.
H. 
Public water and public, community, or on-site sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.
I. 
Satisfactory provision shall be made to minimize harmful or unpleasant effects, such as noise, odors, fumes, glare, vibration, smoke, vapors and gases, emissions and industrial wastes.
J. 
A buffer yard at least 25 feet wide shall be provided adjacent to each property and street line. The buffer yard shall be naturally landscaped and shall not be used for buildings, parking, or loading.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Permitted uses. Uses such as those listed in the definition of “industrial activities” in § 240-6 shall be permitted.
B. 
Lot area. Minimum lot area must be provided equal to the total required if individual lots were to be subdivided and sold to tenants.
C. 
Lot width: 300 feet minimum. Individual parcels within the park shall have a lot width of at least 175 feet.
D. 
Access. Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan. Truck traffic going to and from the industrial park shall be permitted only on nonresidential streets.
E. 
Buffers. Except for street frontage, a buffer yard of not less than 75 feet shall be maintained on each side of the industrial park adjacent to adjoining properties. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking, or loading.
F. 
Public water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be provided to all tenants.
G. 
All buildings must be set back at least 50 feet from any property line and 75 feet from a street line.
H. 
All internal streets providing access to parcels within the park shall be constructed to Borough specifications.
I. 
Industrial "lots" within the park (whether or not such lots are subdivided and separately deeded) shall provide minimum setbacks as required for other uses in the GR Zone.
J. 
Satisfactory provision shall be made to minimize harmful or unpleasant effects (noise, odors, fumes, glare, vibration, smoke, vapors and gases, electrical emissions and industrial waste.)
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle and at least 30 feet wide where access to storage units is on both sides of the aisle.
B. 
If a manager/business office is established on the site, at least four parking spaces must be provided adjacent to the office.
C. 
The servicing or repair of stored equipment shall not be conducted on the premises. Also, no business activities, other than rental of storage units, shall be conducted on the premises.
D. 
The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited.
E. 
If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking shall be in addition to any required parking.
F. 
All outdoor lights shall be shielded to direct light onto the uses established and away from adjacent property.
G. 
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.
H. 
All access drives, parking, and loading areas must be paved or covered with crushed stone so as to render such areas dust-free and passable in all weather conditions.
I. 
Access shall be via an arterial or collector street as designated by the Borough's Comprehensive Plan.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Lot area: one acre minimum.
B. 
Lot width: 175 feet minimum.
C. 
The lot shall be improved with a building containing any office, display room and appurtenant facilities.
D. 
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
E. 
No mobile homes shall be located within the minimum building setback areas.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Adjacent areas must be predominantly undeveloped, and the range area must be at least 200 feet from any property or street right-of-way line. A use involving firearms must also be located at least 1,000 feet from any existing residential use.
B. 
Except for trap and skeet ranges, an earthen background berm must be provided within 20 feet of the target post farthest from the firing line to prevent wild or ricochetting bullets or wild or stray arrows. Such berm shall have a slope of not less than one vertical to two horizontal and must extend at least eight feet above the ground level at the highest target. The crest of the berm at the eight-foot minimum height limit shall be at least four feet in width, as measured between the wall of the berm facing the range and the opposite wall. An alternative barrier, whether natural or man-made, which duplicates the effect of the berm may be substituted if approved by the Borough Council.
C. 
Earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm. The side berms shall meet the same design qualifications as set forth for background berms in Subsection B above.
D. 
For ranges involving firearms, only targets mounted on target posts shall be permitted; no targets of any kind shall be set directly on the ground (excludes trap and skeet ranges).
E. 
Warning signs must be posted at least 10 feet from the outside of the berms.
F. 
The firing range shall be free of gravel and other hard surface materials and shall be adequately drained.
G. 
Adult supervision must be provided for children under 16 years of age.
H. 
No target shall extend above six feet in height or be located so that the trajectory from the firing line to the target would cause a projectile to exceed the height of the berm required in Subsection B above.
I. 
An alternative barrier, whether natural or man-made, which duplicates the effect of the berms required may be substituted if approved by the Borough Council.
J. 
Trap and skeet ranges shall be exempt from Subsections B, C, D, and H above.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
No saw or other machinery shall be less than 50 feet from any property or street line.
B. 
All power saws and machinery must be secured against tampering and locked when not in use.
C. 
All machinery used in the sawmill operation shall be located at least 500 feet from a residential use or Single-Family Residential Zone.
D. 
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.
E. 
Satisfactory provision shall be made to minimize harmful or unpleasant effects, such as noise, odors, fumes, glare, vibration, smoke, vapors and gases, and industrial wastes.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
All buildings must be set back at least 25 feet from any property line and 50 feet from a street line.
B. 
Access must be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
C. 
A buffer yard at least 50 feet wide must be provided on the site in all instances where the site adjoins a Single-Family Residential Zone. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for building, parking, loading, or storage purposes.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Any processing of solid waste, including but not limited to incineration, shredding, compaction, material separation, recycling, refuse-derived fuel and pyrolysis, shall be conducted within a wholly enclosed building.
B. 
No refuse shall be deposited or stored and no building or structure shall be located within 200 feet of any property line or 500 feet from any residential use.
C. 
A buffer yard, at least 50 feet wide, shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this area. The buffer shall be naturally landscaped and have no impervious cover.
D. 
Any area used for the unloading, transfer, storage, processing, incineration, or deposition of refuse must be completely screened from ground-level view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no openings greater than two inches in any direction.
E. 
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting to be weighed will not back up onto public roads.
F. 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences and gates, or other positive means designed to deny access to the area at unauthorized times or locations.
G. 
Hazardous waste, as described by the Department of Environmental Protection, shall not be disposed of at the site of the proposed use.
H. 
The unloading, processing, transfer and deposition of solid waste shall be continuously supervised by a qualified facility operator.
I. 
Any waste that cannot be used in any disposal process, or material that is to be recycled, shall be stored in leakproof and vectorproof containers. Such containers shall be designed to prevent their contents from being carried by wind or water.
J. 
All storage of solid waste shall be indoors in a manner that is leakproof and vectorproof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation, but, in no event for more than 72 hours.
K. 
A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Borough.
L. 
Public water must be utilized, and the applicant shall submit an analysis of raw water needs indicating the quantity of water required. The applicant must also submit documentation that the public authority will supply the water needed.
M. 
The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to ensure safe turning movements to and from the site and safe through movement on the existing road.
N. 
No use and occupancy permit shall be issued for a solid waste disposal facility until the operator shall have submitted to the Zoning Officer proof that the facility complies with the regulations of the Department of Environmental Protection and has been permitted, in writing, by said agency.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Access shall be via an arterial or collector street as designated by the Borough's Comprehensive Plan.
In the GR Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
B. 
Satisfactory provision shall be made to minimize harmful or unpleasant effects, such as noise, odors, fumes, glare, vibration, or smoke.
C. 
A buffer yard at least 100 feet wide must be located on the terminal site in all situations. This yard shall be naturally landscaped, have no impervious cover, and shall not be used for parking, building, loading, or storage purposes.