The provision of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplemental regulations.
A.
Public, semipublic or public service buildings, including
hospitals, institutional uses, churches, temples or schools, when
permitted in a zoning district, may be erected to a height not exceeding
either five stories or 60 feet. However, in the event the height regulations
for a specific zoning district permit structures to a greater height,
those regulations shall prevail.
[Amended 11-10-2008 by Ord. No. 162]
B.
Special industrial structures such as cooling towers,
elevator bulkheads, fire towers, tanks and water towers which require
a greater height than provided in the district may be erected to a
greater height than permitted, provided that:
A.
All yards required to be provided under this chapter
shall be open to the sky and unobstructed by any building or structure
except for accessory buildings in the rear yard and fences.
B.
The following may project into the required yards
as established in this chapter:
(1)
Stoops not exceeding 32 square feet, excluding steps.
[Amended 8-16-2016 by Ord. No. 204]
(2)
Open or lattice enclosed fire escapes, fireproof outside
stairways and balconies opening upon fire towers and the ordinary
projection of chimneys and flues into the rear or side yard not exceeding
3 1/2 feet in width and placed so as not to obstruct light or
ventilation.
(3)
Sills, eaves, belt courses, cornices and ornamental
features not exceeding two feet in width.
C.
The front yard requirements heretofore established
shall be adjusted as follows: Where 40% or more of the frontage on
one side of a street between two intersecting streets is developed
with buildings that have an observed (with a variation of five feet
or less) front yard greater in depth than herein required, new buildings
shall not be erected closer to the street than the front yard so established
by the existing buildings.
D.
Irregular lots. Where any main wall of a structure
located on an irregularly shaped lot does not parallel the lot line
which the wall faces, the yard or minimum distance to the lot line
at every point shall be at least equal to the minimum dimension required
for the yard or distance to the lot line.
E.
Where dwelling units are attached horizontally in
a multifamily structure, no minimum side yard shall be required for
the interior units.
No lot area, though it may consist of one or
more adjacent lots of record, shall be reduced in area so that the
yard lot area per family, lot width, building area or other requirements
of this chapter are not maintained.
[Amended 5-11-2009 by Ord. No. 163]
Subject to the following conditions, fences
may be erected along the boundaries of a lot:
A.
On any
corner lot, no wall, fence, sign or other structure shall be erected
or altered and no hedge, tree, shrub or other growth shall be permitted
which may cause danger to traffic on a street by obscuring the view.
B.
No solid
hedge or growth shall be planted or permitted to grow higher than
three feet in height on any property line so that the sight distance
from any adjacent drive onto a public highway or sidewalk is restricted.
C.
The maximum
height for a residential fence shall be eight feet.
D.
The finished
side of the fence shall be directed out towards the adjacent property
or street, with the locations of supporting poles or posts to the
inside of the fence.
E.
The following
restrictions shall apply to any fence between the front and side building
lines and any street:
(1)
No
solid fence or wall shall exceed three feet in height in a front yard.
(2)
No
solid fence or wall shall exceed three feet in height in a side yard
on a corner lot from the building front line to the right-of-way line.
(3)
An
ornamental fence may be erected to a maximum height of six feet, provided
that the ratio of solid portion of the fence to the open portion shall
not exceed the open portion of the fence.
[Added 5-12-2003 by Ord. No. 129]
Temporary, aboveground private swimming pools
shall comply with the following conditions and requirements:
A.
The pool is intended and is to be used solely for
the enjoyment of the occupants of the residence of the property on
which it is located and their invited guests.
B.
It may be located only in the rear yard or side yard
of the property on which it is an accessory use.
C.
It may not be located closer than 10 feet to any side
yard property line or 20 feet to any rear yard property line.
D.
The swimming pool area shall be so walled or fenced
or otherwise protected as to prevent uncontrolled access by children
from the street or from adjacent properties. Said barrier can be temporary
in nature, but shall not be less than four feet in height and maintained
in good condition. It shall be the responsibility of the property
owner to assure that unauthorized access is restricted properly.
[Amended 3-8-2004 by Ord. No. 135; 11-14-2022 by Ord. No.
234]
Private swimming pools, either in-ground or
aboveground, in districts where permitted, as accessory uses, shall
comply with the following conditions and requirements:
A.
The pool is to be used solely for the enjoyment of
the occupants of the principal use of the property on which it is
located and their invited guests.
B.
It may be located only in the rear yard or side yard
of the property on which it is an accessory use.
C.
It may not be located, including any walls or paved
areas or accessory structures adjacent thereto, closer than 10 feet
to any property line of the property on which located.
D.
For an in-ground pool, the swimming pool area or the
entire property on which it is located shall be so walled or fenced
or otherwise protected as to prevent uncontrolled access by children
from the street or from adjacent properties. The wall or fence shall
not be less than four feet in height and maintained in good condition.
When a fence is used, it shall not have any openings greater than
four inches in width, except for necessary gates; and when said fence
is formed of metal or wire, such metal or wire shall be not less than
number nine gauge.
E.
For an aboveground pool, barrier and/or fencing requirements
must comply with the requirements of the Pennsylvania Uniform Construction
Code and International Construction Code's International Swimming
Pool and Spa Code in effect at the time of permit application. Where
pools are dug into slopes, unless the area surrounding the pool for
a distance of six feet is not at the same grade as the bottom of the
pool wall, additional barrier and/or fencing requirements shall apply
as follows: the swimming pool area or the entire property on which
it is located shall be so walled or fenced or otherwise protected
as to prevent uncontrolled access by children from the street or from
adjacent properties. The wall or fence shall not be less than four
feet in height and maintained in good condition. When a fence is used,
it shall not have any openings greater than four inches in width,
except for necessary gates; and when said fence is formed of metal
or wire, such metal or wire shall be not less than number nine gauge.
In lieu of the specified fencing, an aboveground pool may utilize
a railing system around the top of the swimming pool walls, or a combination
rail and deck system to prohibit unauthorized access to the swimming
pool. The railing around the top of the pool shall not be less than
18 inches in height, or less than a total of four feet above ground
grade, with a fold-up locking or removable ladder.
F.
All gates shall be of a self-closing nature.
[Added 11-13-2001 by Ord. No. 119]
All fences designed or intended to confine an
unsecured dog to the premises of the owner shall conform to the following
conditions and requirements:
A.
No enclosure fence shall be erected closer than 10
feet to any property line of the property on which it is erected.
B.
The enclosure fence shall be so constructed that it
will prevent any dog kept upon the premises from digging under or
from climbing through it and from climbing or leaping over it.
C.
No person maintaining any dog enclosure shall permit
the enclosed area to become unsightly, to become the source of offensive
odors, nor become a nuisance to the neighbors.
Trailers, as defined within the terms of this
chapter and including travel trailers, pickup coaches, motorized homes
and boat trailers, may be parked or stored subject to the following
requirements:
Notwithstanding the limitations imposed by any other provisions of this chapter, the Zoning Officer may permit the erection of a structure where the use is permitted on any lot of record separately owned or under contract of sale and containing, at the time of the passage of this chapter, an area or a width less than that required. Where minimum yard requirements cannot be met, a variance as per the provisions of § 195-157 shall be secured by the owner prior to issuance of a building permit.
In order to prevent the creation of a traffic
hazard by limiting visibility at a street intersection, no structure,
building, earthen bank or vegetation exceeding 3 1/2 feet in
height above the finished paved area at the center of the roadway
shall be allowed within the clear sight triangle on corner lots.
Essential service facilities, as defined in
this chapter, shall be permitted as a conditional use in all districts,
subject to the recommendation of the Planning Commission and approval
of the Board of Supervisors. All essential service facilities shall
be located on a lot containing not less than 1/2 acre.
No lot or premises shall be used as a storage
area for junk automobiles, appliances or the storage or collection
of any other miscellaneous items except as herein provided. Also,
no lot or premises, with the exception of active farms, shall be used
as a garbage dump or a dead animal rendering plant nor may manure,
rubbish or miscellaneous refuse be stored in the open within any district
where the same may be construed as a hazard to the public health or
safety. No other exceptions shall be made except by official action
of the Board of Supervisors.
[Amended 5-10-2010 by Ord. No. 168]
A.
Terms for temporary uses.
(1)
The following temporary uses are permitted without permit as temporary
uses on an extended or semiannual basis, provided such uses are on
site:
(a)
Seasonal sale of locally grown produce.
(b)
Sidewalk sales or special sales events.
(c)
Multifamily, multiday yard or garage sales (in residentially
zoned districts) for no more than three consecutive days, or two consecutive
weekends.
(d)
Grand openings for commercial uses.
(e)
Sales offices in residential subdivisions either in a modular
unit or in a model home during the period of construction.
(f)
Construction trailers used for material storage during the period
of on-site construction.
(g)
Christmas tree sales.
B.
Permit application.
(1)
Application. Application for a temporary use permit shall be made
to the Zoning Officer on a form provided by the Township and shall
be accompanied by the prevailing filing fee as established by resolution
by the Township Board of Supervisors. The Zoning Officer will make
a decision and notify the applicant and land owner in writing within
15 calendar days of the date the application is received.
(2)
Scope. In cases where the Zoning Officer considers the application
not within the scope of the temporary use criteria, the application
will be denied.
(3)
Time limit. All temporary use permits shall be valid for the period
stated thereon, in accordance with this section.
(4)
Voiding of permit. The Zoning Officer may void any temporary use permit for noncompliance with the criteria set forth in this chapter (time limitations and Chapter 148). Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void, and said use shall be terminated.
(5)
Inspection. Applicants and land owners shall permit a reasonable
inspection of the premises by the Zoning Officer to determine compliance
with this chapter.
(6)
Renewal. Temporary use permits may be renewed only in accordance
with this section. Requests for renewals shall be submitted to the
Zoning Officer in writing, accompanied by the prevailing renewal fee,
as established by the Township Board of Supervisors by resolution,
at least two weeks prior to expiration of the permit.
[Amended 3-8-2004 by Ord. No. 135; 2-9-2015 by Ord. No. 191]
All automotive recycling and material storage yards, where permitted, shall comply with the industrial and development performance standards set forth in § 195-137.13 and the following provisions:
A.
The minimum lot area shall be five acres.
B.
Application for site plan approval shall be made in accordance with requirements of Brighton Township Code, Chapter 180, Subdivision and Land Development.
C.
Vehicles, junk, salvage or other materials shall be
stored in piles not exceeding eight feet in height.
D.
Vehicles, junk, salvage or other materials shall not
be stored on slopes in excess of 5%, within an one-hundred-year floodplain,
within a wetland area nor within 150 feet of a stream or body of water.
E.
A minimum of two points of entry/exit to the automotive recycling
or material salvage yard shall be provided to a public street. The
proposed layout of the automotive recycling or material salvage yard,
including points of access, access aisles and access drives, shall
be indicated on the site plan submitted with the application and shall
comply with Detail SD-19[1] of the Township Minimum Construction Standards and Details.
Access roads shall provide the primary access to and within the site.
At a minimum, an access road shall be constructed around the perimeter
of the site and shall have a minimum separation on the interior of
the automotive recycling or material salvage yard as set forth on
automotive recycling or material salvage yard.
[Amended 4-11-2016 by Ord. No. 203]
F.
The manner of storage of vehicles, junk, salvage or other materials
shall be arranged in such a fashion that there shall be a minimum
separation of 25 feet between the rows of vehicles, junk, salvage
or other materials separated by an access aisle and a minimum separation
of 40 feet between rows of vehicles, junk, salvage or other materials
separated by an access road. No row of vehicles, junk, salvage or
other materials shall exceed a length of 250 feet or a width of 50
feet. No access aisle or access road shall have a dead end. Each access
aisle shall be connected on each end to an access road. The access
aisles and access roads shall be laid out and maintained in such a
manner that fire and emergency equipment and vehicles will have adequate
room to turn and move about. See Detail SD-20[2] of the Township Minimum Construction Standards and Details.
[Amended 4-11-2016 by Ord. No. 203]
G.
For the purposes of this section, access aisles shall be a minimum
width of 16 feet. They shall be excavated to a depth of six inches
below finished grade and shall have a crown of no less than 1/2 inch
per foot. PA DOT Type 4 Geo-Textile shall be placed on the subgrade.
A minimum of six inches of PA DOT. No. 2A or 2A modified course aggregate
shall be placed. Care should be taken that the construction equipment
creates no ruts in the subgrade. The course aggregate shall be graded
to have a crown of no less than 1/2 inch per foot, after which the
course aggregate shall be compacted using a vibratory roller to 90%
modified proctor. See Figure SD-20[3] in the Township Minimum Construction Standards and Details. For the purposes of this section, access roads shall have a minimum width of 20 feet and shall comply with construction standards set forth in Chapter 180, Subdivision and Land Development Code, § 180-95.
[Amended 4-11-2016 by Ord. No. 203]
H.
No vehicles, junk, salvage or other materials, buildings
or yard operating equipment shall be stored or accumulated, nor any
structure located, within 75 feet of the right-of-way line.
I.
No vehicles, junk, salvage or other materials, buildings
or yard operating equipment shall be located within 500 feet of a
residential dwelling, church or school on adjoining properties or
adjoining residential zoning district boundary.
J.
The site shall be maintained so as not to constitute
a public or private nuisance or a menace to public health and safety.
The site shall be designed and laid out to prohibit the accumulation
of stagnant water. The site shall not cause any offensive or noxious
sounds or odors, nor cause the breeding or harboring of rats, flies,
mosquitoes or other vermin. 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 insure that there is not adverse impact upon the residential function
of the district or upon adjacent properties.
K.
No garbage, organic waste, petroleum products, batteries,
coolant, hydraulic fluids or hazardous waste shall be stored, buried
or disposed of on the site. Tires shall not be stored or stockpiled
on site. Before a vehicle is placed in the automotive recycling or
material salvage yard, the operator of the automotive recycling or
material salvage yard shall remove all gas tanks, batteries, oil,
oil filters, coolant and hydraulic fluid, refrigerants and tires.
The removal, recycling and disposal of all refrigerants shall be in
accordance with the Rules and Regulations of the PA DEP. The operator/owner
of the automotive recycling or salvage yard shall at all times keep
written records available on site for their inspection by the Code
Enforcement Officer for review. Records shall include the date the
vehicle, identified by its vehicle identification number, entered
the automotive recycling or material salvage yard. All gas tanks,
batteries, oil, coolant, hydraulic fluids and tires shall be removed
from the automotive recycling or material salvage yard every 30 days.
L.
No open burning or incineration or the disposal of
materials or fluids on site shall be permitted.
M.
No shredding or crushing machines used in the automotive recycling
or material storage yard shall emit any dust.
N.
The site shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with solid vinyl slats and a self-latching gate. The fence shall be placed no closer than the required setback line established under Subsection H above. There shall be a minimum ten-foot separation between the fence and interior access road(s). No storage outside of the fenced area is permitted. A buffer yard C (major) shall be required around the perimeter of the site in accordance with § 195-137.1 which shall be maintained in a sound and attractive manner.
P.
The automotive recycling or material salvage yard shall be graded so that all stormwater runoff is collected, conveyed and stored at a stormwater management basin in accordance with § 180-91. All discharge from the stormwater management basin, with the exception of the emergency spillway, shall pass through an oily water separator(s). The operator of the automotive recycling or material salvage yard shall install, operate and report laboratory analysis of discharges along with all required tests and reports. The operator shall maintain, repair and replace as needed the oily water separator(s) in accordance with the rules and regulations of the PA DEP.
[Amended 4-14-2008 by Ord. No. 158; 9-12-2011 by Ord. No. 176; 12-12-2011 by Ord. No. 178; 2-9-2015 by Ord. No. 191]
A.
Purpose: to provide for the health and safety of the residents of
Brighton Township, to preserve the character of residential neighborhoods,
and to encourage beneficial and compatible land uses with regard to
extraction of minerals, excluding oil and gas operations.
B.
Permit requirement.
(1)
No mineral extraction operation, or an addition to an existing
mineral extraction operation, shall be constructed or located in Brighton
Township unless a permit has been issued by the Township to the operator
providing the construction or preparation of the site for the mineral
extraction operation.
(2)
The permit application, and any amended permit application,
shall be accompanied by a fee as established by resolution of the
Board of Supervisors of Brighton Township.
(3)
Any modification to an existing and permitted mineral extraction
operation that materially alters the size, location, or accessory
equipment or structures shall require a modification of the permit
under this section. Like-kind replacements shall not require a permit
modification.
C.
Application requirements. Application for site plan approval shall be made in accordance with the requirements of Brighton Township Code, Chapter 180, Subdivision and Land Development. A zoning permit shall be required to extract minerals. The operator shall submit the items listed in Subsection B(1) through (3) above and the following to the Zoning Officer:
(1)
An operation plan, which shall include but not be limited to:
(a)
Ownership and acreage of the land proposed for use.
(b)
Type of resources to be extracted or quarried.
(c)
Estimated depth of the proposed operation.
(d)
Location map, at a scale of one inch equals 100 feet, which
shall show:
[1]
The land area to be excavated or quarried, with dimensions of
the total property.
[2]
Private access roads and abutting streets and highways.
[3]
Abutting and/or adjacent districts and land uses.
[4]
Existing watercourses and proposed alterations to assure stream
quality and quantity.
[5]
Fencing and buffer planting.
[6]
Title, scale, North arrow and date.
[7]
Ownership.
(2)
A rehabilitation-reclamation plan, which shall set forth the following
information:
(a)
An engineering drawing showing ownership, existing and future
topography, streams, existing roads, buildings, boundaries, and metes
and bounds description of the tract.
(b)
A description of the location, type, extent, method and time
schedule for the operation proposed.
(c)
A drawing showing the location and/or proposed relocation of
land, trees, buildings, structures, public roads, streams, drainage
facilities and utility lines on the tract or adjacent tracts as may
require protection, repairs, clearance, demolition, or restoration,
either during or following completion of the operations proposed.
(d)
A statement describing methods for handling operations, plus
any drainage, air pollution, soil erosion or other environmental problems
created during the operations, including production, transportation,
processing, stockpiling, storage and disposal of by-products and waste.
(e)
A plan for reuse of the land after completion of the operations,
which shall permit the carrying out of the purpose of this chapter
and appropriately provide for any rehabilitation, restoration, reclamation,
reforestation or other correction work deemed necessary.
D.
Emergency, preparedness, prevention and contingency plan. Prior to
any mineral extraction, the operator shall provide to the Township's
first responders, including the Police Department, Fire Department,
and Zoning Officer, a copy of its emergency, preparedness, prevention
and contingency plan. The operator shall make available, at its sole
cost and expense, an appropriate site orientation for first responders.
Such site orientation shall be made available at least annually during
the period when the operator anticipates extraction and related activities
in the Township. The emergency, preparedness, prevention and contingency
plan shall be updated at least annually, or upon changes occurring,
and shall include provisions regarding the following:
E.
Site preparation, site planning, traffic control and hours of operation.
(1)
The operator shall strive to consider location of its temporary
and permanent operations, where prudent and possible, so as to minimize
interference with Township residents' enjoyment of their property
and future Township development activities, to preserve the character
of residential neighborhoods, and to encourage beneficial and compatible
land uses.
(2)
The operator shall not clear or dispose of brush or trees by
way of burning and shall dispose of all brush and trees by chipping
and grinding from properties it clears for development purposes.
(4)
The operator shall take all necessary precautions to ensure
the safety of persons in areas established for road crossing and/or
adjacent to roadways (for example, persons waiting for public or school
transportation). Where there is anticipated heaving or frequent vehicle
traffic associated with development, the operator will provide flagmen
to ensure the safety of children and other persons at or near schools,
school bus stops, public buildings, and parks, and include adequate
signs and/or other warning measures for truck traffic and vehicular
traffic.
F.
Fencing and landscaping.
(1)
During site construction for a mineral extraction operation,
the installation of temporary safety fencing at least six feet in
height is required around any open excavation site, including mineral
quarries and strip mines.
(2)
Once initial site construction is complete, mineral quarries,
storage basins, and appurtenances (including all materials, tanks,
equipment and apparatus), whether producing or abandoned, and all
entrances to mines shall be enclosed by a minimum six-foot-high chain-link
fence with locked gate, which shall be screened from view by a buffer
yard Type C.
(3)
The operator shall keep the fence and gate in good repair at
all times, and all landscaping shall be maintained and in good condition.
(4)
All outdoor supplies, equipment, materials and apparatus shall
be concealed at all times.
G.
Access drives. An access drive shall be provided along and from the
street to the extraction area in compliance with the following:
(1)
The access drive shall be installed prior to the arrival of
any equipment to the site and shall be maintained in good condition.
(2)
The access drive shall be of such design and material so as
to keep vehicular traffic exiting the site from carrying mud or dirt
onto a public road. No operator shall allow mud or dirt to be carried
onto the public road from the site.
(3)
The operator shall cause the access drive to a site to be reasonably
clear of snow, ice, mud, garbage, trash, abandoned vehicles and debris
as long as the site is active, or in a state of development or production,
to enable emergency access.
(4)
An off-street area for construction, maintenance, and site vehicles
to stand while gaining entrance to the access road shall be provided
that does not disrupt the normal flow of traffic on the public street.
(5)
Driveways and access roads connecting directly to state roads
shall require Pennsylvania Department of Transportation (PennDOT)
highway occupancy permit approval. Prior to initiating any work at
a drill site, the operator shall provide the Township a copy of its
highway occupancy permit.
H.
Setback requirements for mineral extraction.
(1)
The open excavation or quarrying of minerals, and stockpiles,
waste piles, and processing and manufacturing equipment, shall be
located a minimum of 500 feet from a residential boundary line or
any existing building or structure.
(2)
The open excavation or quarrying of minerals, and stockpiles,
waste piles, and processing and manufacturing equipment, shall be
located a minimum of 500 feet from the right-of-way line of a public
street.
I.
Restoration/abandonment/rehabilitation-reclamation. The excavation
site and surrounding area shall be rehabilitated as follows:
(1)
Time period. Within three years after the termination of operations,
the area must be rehabilitated to conform with the rehabilitation
plan as approved.
(2)
Standard. In the rehabilitation of the area, the following standards
must be met:
(a)
The entire area disturbed by excavating, quarrying, mining and
other natural production use shall be planted in such a manner as
to control soil erosion.
(b)
The entire area shall be graded wherever necessary to provide
for the conveyance of stormwater. Finished grade shall not have a
slope of less than 2% so as to provide for natural drainage.
(c)
Overburden shall be replaced, and stockpiles, refuse, plant
facilities or equipment shall be removed immediately upon the termination
of operation. In no case shall removal exceed one year.
J.
Protection of water resources regarding mineral extraction.
(1)
In no case shall any mineral extraction impede the flow of natural
watercourses.
(2)
All uses of land or processes which pollute natural watercourses
shall be prohibited.
(3)
All uses of land shall be conducted in a manner which will not
allow water to collect and permit stagnant water to remain in quarries
or excavations.
K.
Operators shall comply with requirements for lighting, noise, dust control, overweight vehicles, on-site bunkhousing, signs, and site development hours of operation as set forth in the industrial and development performance standards in § 195-137.13.
[Amended 2-9-2015 by Ord.
No. 191]
Sanitary landfills shall be regulated by the applicable laws of the Pennsylvania Department of Environmental Protection and shall comply with the industrial and development performance standards set forth in § 195-137.13.
A.
Every landowner on whose land timber harvesting is
to occur shall prepare a written logging plan in the form specified
in this section. No timber harvesting shall occur until the plan has
been approved. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site at
all times during the operation and shall be provided to the Township
Zoning Officer for approval. The Zoning Officer shall refer the logging
plan to the Beaver County Conservation District for review.
B.
For all timber harvesting operations, the landowner
shall notify the Township Zoning Officer at least five business days
before the operation commences and within two business days before
the operation is complete. No timber harvesting shall occur until
the notice has been provided. Notification shall be in writing and
shall specify the land on which the harvesting will occur, the expected
size of the harvest areas and, as applicable, starting or completion
date of the operation.
[Amended 10-8-2007 by Ord. No. 154]
C.
The landowner and the operator shall be jointly and
severally responsible for complying with the terms of the logging
plan.
(1)
Minimum requirements. As a minimum, the logging plan
shall include the following:
(a)
Design, construction and maintenance of the
access system, including haul roads, skid roads, skid trails and landings;
(b)
Design, construction and maintenance of water
control measures and structures such as culverts, broad-based dips,
filter strips and water bars;
(c)
Design, construction and maintenance of stream
and wetland crossings; and
(d)
The general location of the proposed operation
in relation to municipal and state highways, including any accesses
to those highways.
(2)
Map. Each logging plan shall include a site map containing
the following information:
(a)
Site location and boundaries, including both
the boundaries of the property on which the timber harvest will take
place and the boundaries of the proposed harvest area within that
property;
(b)
Significant topographic features related to
potential environmental problems;
(c)
Location of all earth disturbance activities
such as roads, landings and water control measures and structures;
(d)
Location of all crossings of waters of the commonwealth;
and
(e)
The general location of the proposed operation
to municipal and state highways, including any accesses to those highways.
(3)
Compliance with state law. The logging plan shall
address and comply with the requirements of all applicable state laws
and regulations, including but not limited to the following:
(a)
Erosion and sedimentation control regulations
contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant
to the Clean Streams Law (35 P.S. § 691.1 et seq.);
(b)
Stream crossing and wetlands protection regulations
contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant
to the Dam Safety Encroachments Act (32 P.S. § 680.1 et.
seq.); and
(c)
Stormwater management plans and regulations
issued pursuant to the Stormwater Management Act (32 P.S. § 680.1
et seq.).
(4)
Relationship of state laws, regulations and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pennsylvania Code, Chapter 102, shall also satisfy the minimum requirements for the logging plan and associated map specified in Subsection C(3)(a) and (b) of this section, provided that all information required by these paragraphs is included or attached.
D.
The following requirements shall apply to all timber
harvesting operations in the Township:
(1)
Dragging felled trees on or across any public thoroughfare
is prohibited without the express written consent of the Township
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the roadway.
(2)
No tops or debris shall be left within 25 feet of
any public thoroughfare or private roadway providing access to adjoining
residential property.
(3)
No tops or debris shall be left on or across the boundary
of any property adjoining the operation without the consent of the
owner thereof.
(4)
Litter resulting from a timber harvesting operation
shall be removed from the site before it is vacated by the operator.
E.
The landowner and the operator shall be responsible for repairing the damage to Township roadways caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. Pursuant to 67 Pennsylvania Code, Chapter 189, the Township may require the landowner or operator to furnish a bond to guarantee the repair of such damages.
F.
The Township Zoning Officer may go upon the site of
any timber harvesting operation before, during or after active logging
to:
G.
Upon finding that a timber harvesting operation is in violation of any provisions of this section, the Township Zoning Officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken, in accordance with the procedures outlined in Article XXI.
H.
A permit fee, based on the acreage to be logged shall
be established by a resolution of the Board of Supervisors and shall
accompany all applications for a timber harvesting permit. In addition,
a 5% administrative fee shall be required.
Mobile homes on individual lots subject to the
following standards:
A.
The lot on which the mobile home is installed shall
conform with the minimum lot size and width requirement of the district.
B.
The mobile home shall be installed so as to conform
with all front yard, side yard and rear yard setback lines applicable
to single-family housing in the zoning district.
C.
The mobile home shall be installed upon and securely
fastened or anchored to a permanent frost-free concrete foundation
with steel cables connected from the frame of the mobile home to concrete
footers which are poured in place.
D.
An enclosure of compatible design and materials shall
be erected around the entire base of the mobile home. Such enclosure
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure, and the device to be used to provide such ventilation,
if screening, shall be not less than 16 mesh per inch.
E.
The application for a building permit shall be accompanied
by a sketch indicating the materials, location, size, dimension, number
and design features of the anchorage and enclosure proposed to be
constructed.
G.
Any garage, utility shed or other accessory structure
constructed on the tract shall conform with the standards applicable
to such structures as contained in this chapter.
[Amended 1-11-1999 by Ord. No. 107; 10-9-2000 by Ord. No. 115; 9-13-2010 by Ord. No. 170; 8-10-2015 by Ord. No. 198; 9-13-2021 by Ord. No. 230]
A.
Purposes.
(1)
The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
communications facilities in Brighton Township. While the Township
recognizes the importance of wireless communications facilities in
providing high-quality communications service to its residents and
businesses, the Township also recognizes that it has an obligation
to protect public safety and to minimize the adverse visual effects
of such facilities through the standards set forth in the following
provisions.
(2)
By enacting this section, the Township intends to:
(a)
Promote the health, safety, and welfare of Township residents
and businesses with respect to wireless communications facilities;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi,
small wireless communications facilities, micro wireless facilities,
and other wireless communications facilities;
(e)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(f)
Protect Township residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape; and
(g)
Update the Township's wireless facilities regulations to incorporate
changes in federal and state laws and regulations.
B.
All wireless communications facilities shall be subject to the following,
to the extent such are not inconsistent with the Small Wireless Facilities
Deployment Act,[1] and other state and federal acts:
(1)
Standard of care. All 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 American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Tower-based WCFs are also subject
to the accepted and responsible workmanlike industry practices of
the National Association of Tower Erectors. 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.
(2)
Engineer certification. Prior to the Township's issuance of
a permit authorizing construction and erection of a tower-based WCF,
the applicant shall employ a structural engineer registered in Pennsylvania
to 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.
Such engineer shall certify the proper construction of the foundation
and the erection of the structure. This certification shall be a condition
attached to any approval given and shall be provided prior to issuance
of any building permits. All plans and drawings for a tower-based
WCF shall contain a seal and signature of a professional structural
engineer licensed in the Commonwealth of Pennsylvania. Any applicant
proposing non-tower WCFs to be mounted on an existing building or
structure shall submit evidence from a professional structural engineer,
licensed in the Commonwealth of Pennsylvania, certifying that the
proposed installation will not exceed the structural capacity of the
building or structure and submit detailed construction and elevation
drawings indicating how the non-tower WCFs will be mounted.
(3)
Prohibited on certain structures. Non-tower WCFs shall not be
located on single-family detached dwellings, single-family semidetached
dwellings (duplex, triplex, quadraplex), townhouses, or any accessory
residential structure. No WCF may be located upon any property or
on a building or structure that is listed on either the National or
Pennsylvania Register of Historic Places, or is listed on the Official
Historic Structures and/or Historic Districts List maintained by the
Township, or has been designated by the Township Historical Society
to be of historical significance.
(4)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour, and all
WCF structures shall be designed to withstand the effects of wind
according to the standard designed by the American National Standards
Institute as prepared by the engineering departments of the Electronics
Industry Association and Telecommunications Industry Association (ANSI/EIA-222-E,
as amended).
(5)
Aviation safety and lighting. WCFs shall comply with all federal
and state laws and regulations concerning aviation safety. No wireless
communications facility may be artificially lighted except as provided
for and required by the FAA.
(6)
Public safety communications. WCFs shall not interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(7)
Radio frequency emissions. No WCF may, 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.
(8)
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.
(9)
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 WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these WCF provisions. The WCF applicant and/or owner
of the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(10)
Non-tower WCFs — removal due to discontinuance of use.
In the event that use of a non-tower WCF 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
WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within 60 days of the cessation of operations at the site.
(b)
If the WCF or accessory facility is not removed within 60 days
of the cessation of operations at a site, the WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
(11)
Tower-based WCFs — removal of discontinued facilities.
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.
Approvals automatically lapse after 12 continuous months of disuse
or abandonment. Unused or abandoned WCFs or portions of WCFs shall
be removed as follows:
(a)
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.
(b)
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.
(c)
Any unused portions of tower-based WCFs, including antennas,
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.
(12)
Insurance. Each person that owns or operates a non small or
micro wireless facility tower-based WCF greater than 50 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 that owns
or operates a tower-based WCF or non-tower-based WCF 50 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.
(13)
Indemnification. Each person that owns or operates a WCF shall,
at his/her/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 WCF. Each person that owns or operates a 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 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.
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
C.
Non-tower wireless communications facilities inside and outside the
public rights-of-way that do not fall under the Pennsylvania Wireless
Broadband Collocation Act. The following regulations apply to non-tower
wireless communications facilities located inside and outside the
public rights-of-way (ROW) to which the Pennsylvania Wireless Broadband
Collocation Act does not apply. Applicants proposing the construction
of a new non-tower wireless communications facility shall file evidence
in support of the following requirements:
(2)
Location. The proposed non-tower WCF shall be located as follows:
(a)
Non-tower WCFs in the ROW. Non-tower WCFs in the ROW shall be
located on existing wireless support structures or tower-based WCFs.
If such location is not technologically feasible, the applicant shall
locate its non-tower WCFs on existing utility poles or on newly installed
utility poles. If a new utility pole is proposed, the applicant shall
demonstrate that it cannot meet the service reliability and functional
objectives of the application by co-locating on an existing utility
pole or municipal pole instead of installing a new utility pole. The
applicant shall certify that the wireless provider has made a determination
in good faith and provide a documented summary of the basis for the
determination which complies with the Small Wireless Facilities Deployment
Act.
(b)
Location of non-tower WCFs outside the ROW. Proposed non-tower
WCFs outside the ROW shall be located on existing wireless support
structures, water tanks, municipal towers, buildings, or utility poles.
(3)
Design requirements and standards. Non-tower WCFs shall be subject
to the following design requirements and standards:
(a)
Size. WCF installations located above the surface grade in the
public ROW, including, but not limited to, those on streetlights and
joint utility poles, may be permitted to have equipment components
that are no more than six feet in height and that are compatible in
scale and proportion to the structures upon which they are mounted.
All equipment shall be the smallest and least visibly intrusive equipment
feasible.
(b)
Stealth design requirement. Non-tower WCFs and all support equipment
shall be treated to match the supporting structure. Non-tower WCFs
and accompanying equipment shall be painted, or otherwise coated,
to be visually compatible with the support structure upon which they
are mounted. The stealth design chosen by the applicant must be approved
by the Township.
(c)
Related equipment. Small wireless communications facilities
shall not be located within 50 feet of a residential use or a lot
zoned residential.
(d)
Security fence. A security fence with a minimum height of eight
feet shall surround any separate communications equipment building.
Vehicular access to the communications equipment building shall not
interfere with the parking or vehicular circulation on the site for
the principal use.
(e)
Attachments to existing utility poles shall not extend more
than five feet above the existing utility pole.
(4)
Related equipment location for non-tower WCFs. Non-tower WCFs
and accessory 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)
When the non-tower WCF is located in the ROW, in no case shall
ground-mounted equipment, walls, or landscaping be located within
18 inches of the face of the curb or within an easement extending
onto a privately owned lot.
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township Planning
Commission.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the facility or on any accessory 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 proposed underground vault related to non-tower WCFs shall
be reviewed and approved by the Township Engineer prior to the issuance
of any permit.
(5)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
The non-tower WCF 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 facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(6)
Permit fees for non-tower facilities in the ROW. The Township
may assess appropriate and reasonable permit fees as set forth in
a Township fee resolution that are reasonable, nondiscriminatory,
and directly related to the Township's actual costs in reviewing and
processing the application for approval of a non-tower WCF, as well
as related inspection, monitoring and related costs ($270 otherwise
in fee resolution).
(7)
Relocation or removal of facilities in the ROW as required by
the Township. 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 a communications emergency,
an owner of a WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
A communications emergency as determined by the Township.
D.
Tower-based wireless communications facilities located inside the
public rights-of-way. The following regulations shall apply to tower-based
wireless communications facilities located in the public rights-of-way.
Applicants proposing the construction of new tower-based wireless
communications facilities located in the public rights-of-way shall
file evidence in support of the following requirements:
(2)
Additional capacity or coverage for wireless services. An applicant
may be required to:
(a)
Include documentation with an application that includes construction
and engineering drawings, demonstrates compliance with the criteria
specified under Subsection (f) of the Small Wireless Facilities Deployment
Act and includes all necessary approvals from the pole owner.
(b)
Self-certify that the filing and approval of the application
is required by the wireless provider to provide additional capacity
or coverage for wireless services. Nothing in this subsection shall
be construed to permit a municipality to require an applicant to submit
information about an applicant's business decisions with respect to
its service, customer demand for service or quality of service.
(c)
Include documentation showing compliance with design guidelines
consistent with this section.
(3)
Development and location regulations.
(a)
Height. Tower-based WCFs in the public ROW shall not exceed
50 feet in height, including any attached small wireless communications
facilities.
(b)
Placement. Tower-based WCFs in the ROW shall not be located
in the front facade area of any structure and shall not be located
within five feet from the road surface.
(c)
Underground district. A wireless provider is prohibited from
placing or installing structures in the right-of-way in an area designated
solely for underground or buried cable facilities and utility facilities
of the municipality. Wireless providers may seek a waiver of the underground
requirements for the installation of a new utility pole to support
small wireless communications facilities. Upon the submission of a
request for a waiver by a wireless provider, the municipality may
require a public hearing and, with the approval of the property owner
(or adjacent property owner), permit a waiver request. Waivers shall
be addressed in a reasonable and nondiscriminatory manner.
(4)
Design regulations. The following design regulations shall apply
to tower-based WCFs in the ROW:
(a)
The WCF 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 WCF applicant shall be subject to the approval of the
Township.
(b)
To the extent permissible under state and federal law, any height
extensions to an existing tower-based WCF shall require prior approval
of the Township and shall not increase the overall height of the tower-based
WCF to more than 50 feet.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(5)
Equipment location. Tower-based WCFs and accessory 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 five feet of the face of the curb or within an easement
extending onto a privately owned lot.
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township Planning
Commission.
(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 facility or on any accessory 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 proposed underground vault related to non-tower WCFs shall
be reviewed and approved by the Township Engineer prior to the issuance
of any permit.
(6)
Co-location and siting. An application for a new tower-based
WCF shall demonstrate that the proposed tower-based WCF cannot meet
the service reliability and functional objectives of the application
by co-locating on an existing utility pole or municipal pole instead
of installing on a new utility pole.
(a)
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.
(b)
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.
(c)
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.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(7)
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 substantially
changes the height of such WCF shall first obtain a building permit
from the Township. Nonroutine modifications shall be prohibited without
a permit.
(8)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
To the extent permissible under state and federal law, the owner of
a tower-based WCF shall not install any additional antennas without
obtaining the prior written approval of the Township.
(9)
Timing of approval. Within 10 business days of receiving an
application, the Township shall determine and notify the applicant,
in writing, whether the application is incomplete. If an application
is incomplete, the notice must specifically identify the missing information.
The processing deadline shall restart at zero on the date the applicant
provides the missing information. The processing deadline may be tolled
by agreement of the applicant and the municipality. The Township shall
approve or deny the application within 60 days of receipt of a complete
application to co-locate and within 90 days of receipt of a complete
application to replace an existing utility pole or install a new utility
pole with small wireless facilities attached.
(10)
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 a communications emergency, an owner of a tower-based WCF in the
ROW shall, at his/her/its own expense, temporarily or permanently
remove, relocate, change or alter the position of any WCF when the
Township, consistent with its police powers and applicable Public
Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
A communications emergency as determined by the Township.
(11)
Permit and use fees for tower-based WCFs in the ROW. The Township
may assess appropriate and reasonable permit fees as set forth in
a Township fee resolution that are reasonable, nondiscriminatory,
and directly related to the Township's actual costs in reviewing and
processing the application for approval of a non-tower WCF, as well
as related inspection, monitoring and related costs ($270 otherwise
in fee resolution).
(12)
The applicant shall provide a copy of its PennDOT highway occupancy
permit to the Township.
E.
Tower-based wireless communications facilities located outside the
public rights-of-way. The following regulations shall apply to tower-based
wireless communications facilities located outside the rights-of-way.
Applicants proposing the construction of new tower-based wireless
communications facilities located outside the public rights-of-way
shall file evidence in support of the following requirements:
(2)
Conditional use authorization required. Tower-based WCFs are
permitted in certain zoning districts by conditional use and at a
height necessary to satisfy their function in the WCF applicant's
wireless communications system. 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 antenna/tower/pole for the
tower-based WCF is the minimum height necessary for the service area.
(a)
The WCF applicant shall prove to the reasonable satisfaction
of the Board 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.
(b)
The application shall be accompanied by a propagation study
evidencing the need for the proposed tower or other communications
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.
(c)
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation that
the owner of the property has granted an easement for the proposed
WCF and that vehicular access will be provided to the facility.
(3)
Development regulations. The following development regulations
shall apply to tower-based WCFs outside the public ROW:
(a)
Location. Tower-based WCFs shall not be located in an area in
which all utilities are underground, except as permitted by this section.
Tower-based WCFs shall not be located within 75 feet of an area in
which all utilities are underground.
(b)
Sole use/combined use on a lot. A tower-based WCF may be permitted
as a sole use on a lot, provided that the lot meets the minimum lots
requirements in the underlying zoning district. A tower-based WCF
may be permitted on a property with an existing use, or on a vacant
parcel in combination with another use. The existing use of the lot
may be any permitted use in the applicable district.
(c)
Lot area and setbacks.
[1]
Minimum lot area. The minimum lot area shall comply with the
requirements for the applicable district and shall be the area needed
to accommodate the tower-based WCF and guy wires, the equipment building,
security fence, and buffer planting if the proposed WCF is greater
than 40 feet in height.
[2]
Minimum setbacks. The minimum distance between the base of a
tower-based WCF and any adjoining property line and street right-of-way
line shall be equal to 110% of the total height of the tower-based
WCF or the minimum setback of the underlying 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 agriculture or residential use, the minimum distance
between the base of a tower-based WCF and any such adjoining uses
shall equal 250 feet, regardless of the height of the tower-based
WCF. Minimum setbacks are required unless it is demonstrated to the
reasonable satisfaction of the Board that in the event of failure,
the WCF is designed to collapse upon itself within a setback area
less than the required minimum setback without endangering such adjoining
uses and their occupants.
(4)
Design regulations. The following design regulations shall apply
to tower-based WCFs outside the ROW:
(a)
Engineer signature. All plans and drawings for a tower-based
WCF shall contain a seal and signature of a professional structural
engineer licensed in the Commonwealth of Pennsylvania.
(b)
Height. Any tower-based WCF shall be designed at the minimum
functional height and shall not exceed 200 feet vertically from the
base of the WCF to the top of the original wireless support structure.
(c)
Stealth technology. 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 approval of the Township.
(d)
Height extension. To the extent permissible by law, any height
extensions to an existing tower-based WCF shall require prior approval
of the Township.
(e)
Future users. Any proposed tower-based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
(f)
Anticlimbing device. Any tower-based WCF over 40 feet in height
shall be equipped with an anticlimbing device, as approved by the
manufacturer.
(5)
Surrounding environs.
(a)
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.
(b)
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(6)
Fence/screen.
(a)
A security fence with a minimum height of eight feet shall completely
surround any tower-based WCF greater than 40 feet in height, as well
as guy wires, or any building housing WCF equipment.
(b)
Landscaping shall be required to screen as much of a newly constructed
tower-based WCF as possible. The Board of Supervisors may permit any
combination of existing vegetation, topography, walls, decorative
fences or other features instead of landscaping if, in the discretion
of the Board, they achieve the same degree of screening. Existing
vegetation shall be preserved to the maximum extent possible.
(c)
An evergreen screen shall be required to surround the site.
The screen can either be a hedge (planted three feet from center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall be grown to a minimum of 15 feet at maturity.
(7)
Visual appearance and land use compatibility. Tower-based WCFs
shall employ stealth technology, which may include the tower portion
being painted silver or another color approved by the Board of Supervisors,
or shall have a galvanized finish. 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. 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.
(8)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on the tower-based WCF where technically and economically
feasible. To the extent permissible under state and federal law, the
owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(9)
Related equipment.
(a)
Location. 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 space on the tower-based wireless communications facility.
(b)
Equipment screening. Required electrical meter cabinets shall
be screened to blend in with the surrounding area to the satisfaction
of the Township Design Review Board. Any graffiti on the facility
or on any accessory equipment shall be removed at the sole expense
of the owner within 10 business days of notice of the existence of
the graffiti.
(c)
Utility buildings. All 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
for principal structures of the underlying zoning district. The architectural
design chosen by the WCF applicant shall be subject to the approval
of the Township Design Review Board.
(10)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to the
tower-based WCF. The access road shall be a dust-free, all-weather
surface for its entire length. 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.
(11)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(12)
Co-location and siting. An application for a new tower-based
WCF shall demonstrate that the proposed tower-based WCF cannot be
accommodated on an existing or approved structure or building or sited
on municipal land owned by Brighton Township. The Board of Supervisors
may deny an application to construct a new tower-based WCF if the
WCF applicant has not made a good-faith effort to mount its antennas
on an existing structure. The WCF applicant shall demonstrate that
it contacted the owners of tall structures, buildings, and towers
within a two-mile radius of the site proposed, sought permission to
install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
(a)
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.
(b)
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.
(c)
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.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(13)
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. See § 195-137.13.
(14)
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 substantially
changes the height of such WCF shall first obtain a permit from the
Township. Nonroutine modifications shall be prohibited without a permit.
(15)
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage or capacity
exists and that the type of WCF being proposed is the least-intrusive
means by which to fill that gap in wireless coverage. Such gap in
coverage must be evidenced by actual customer complaints and/or other
empirical data, in accordance with federal law. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Township's
decision on an application for approval of a tower-based WCF.
(16)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF 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 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.
(17)
FCC license. Each person that owns or operates a tower-based
WCF over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(18)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the WCF applicant, in writing, of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Township shall advise the WCF applicant, in writing,
of its decision. If additional information was requested by the Township
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the 150-day
review period.
(19)
Permit fees. The Township may assess appropriate and reasonable
permit fees as set forth in a Township fee resolution directly related
to the Township's actual costs in reviewing and processing the application
for approval of a tower-based WCF, as well as related inspection,
monitoring, and related costs.
[Added 1-12-1998 by Ord. No. 103]
A.
Purpose and intent. It is the purpose of this chapter
to regulate sexually oriented businesses to promote the health, safety
and general welfare of the citizens of the Township and to establish
reasonable and uniform regulations to prevent the continued deleterious
location and concentration of sexually oriented business within the
Township. The provisions of this chapter have neither the purposes
nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually oriented materials.
Similarly, it is not the intent nor effect of this chapter to restrict
or deny access by adults to sexually oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. Neither
is it the intent nor effect of this chapter to condone or legitimize
the distribution of obscene material.
B.
Classification. Sexually oriented businesses are classified
as follows:
C.
Permit required.
(1)
Any person who operates a sexually oriented business
without a valid permit issued by the Township is guilty of a violation
of the Zoning Ordinance of the Township.
(2)
An application for a permit to operate a sexually
oriented business must be made on a form provided by the Zoning Enforcement
Officer of the Township. The application must be accompanied by a
sketch or diagram showing the floor plan and plot plan configuration
of the premises, including a statement of total floor space occupied
by the business. The sketch or diagram need not be professionally
prepared but must be drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to any accuracy of plus
or minus six inches.
(3)
The applicant must comply with the provisions of this
chapter and the premises must be inspected and found to be in compliance
with the law by the Zoning Enforcement Officer.
(4)
If a person who wishes to operate a sexually oriented
business is an individual, he must sign the application for a permit
as applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has 10%
or greater interest in the business must sign the application for
a permit as applicant. If a corporation is listed as owner of a sexually
oriented business or as the entity which wishes to operate such a
business, each individual having a direct or indirect interest of
10% or greater in the corporation must sign the application for a
permit as applicant.
(5)
The fact that a person possesses other types of Township
permits does not exempt the person from the requirement of obtaining
a sexually oriented business permit.
D.
Issuance of permit.
[Amended 9-13-2010 by Ord. No. 169]
(1)
Conditional use approval shall be obtained prior to the issuance
of any permit.
(2)
Once conditional use approval is obtained, the Township Zoning Enforcement Officer shall issue a permit, provided the terms of the conditional use decision and the provisions of § 195-136 are met, unless he finds one or more of the following to be true:
(a)
An applicant is under 18 years of age.
(b)
An applicant or an applicant's spouse is overdue in his payment
to the Township of taxes, fees, fines or penalties assessed against
him or imposed upon him in relation to a sexually oriented business.
(c)
An applicant has failed to provide information reasonably necessary
for issuance of the permit or has falsely answered a question or request
for information on the application form.
(d)
An applicant is residing with a person who had been denied a
permit by the Township to operate a sexually oriented business within
the preceding 12 months or residing with a person whose license to
operate a sexually oriented business has been revoked within the preceding
12 months.
(e)
The premises to be used for the sexually oriented business have
been reviewed and have been disapproved by either the Zoning Enforcement
Officer or the Police Chief as not being in compliance with applicable
laws and ordinances.
(f)
The permit fee required by this chapter has not been paid.
(g)
An applicant of the proposed establishment is in violation of
or is not in compliance with any of the provisions of this chapter.
(h)
An individual applicant or any individual holding a direct or
indirect interest of more than 10% of a corporate applicant or any
of the officers and directors of a corporate applicant, if the applicant
is a corporation; or any of the partners, including limited partners,
if the applicant is a partnership; or the manager or other person
in charge of the operation of the applicant's business, has or have
been convicted of an offense involving sexual misconduct within the
Commonwealth of Pennsylvania, including but not limited to prostitution,
obscenity and possession of child pornography, or convicted of any
offense in any jurisdiction other than the Commonwealth of Pennsylvania
that would have constituted an offense involving sexual misconduct
if committed within the Commonwealth of Pennsylvania. In order for
approval to be denied pursuant to this subsection, the person or persons'
convictions or release in connection with the sexual misconduct offense
must have occurred within two years of the date of application in
the event of a misdemeanor and within five years of the date of application
in the event of a felony.
(3)
The permit, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date and the address
of the sexually oriented business. The permit shall be posted in a
conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time.
(4)
The Zoning Enforcement Officer and Police Chief shall complete
their certification that the premises are in compliance or not in
compliance within 20 days of receipt of the application by the Zoning
Enforcement Officer. The certification shall be promptly presented
to the applicant.
E.
Fees. The annual fee for a sexually oriented business
permit will be established by resolution by the Supervisors of Brighton
Township.
F.
Inspection. A permittee shall permit representatives
of the Police Department, Fire Chief, Zoning Enforcement Officer or
other Township departments or agencies to inspect the premises of
a sexually oriented business, for the purpose of ensuring compliance
with the law, at any time that the sexually oriented business is occupied
or open for business.
G.
Expiration of permit.
(1)
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in Subsection C. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
(2)
If the Township Zoning Enforcement Officer denies
renewal of a license, the applicant shall not be issued a permit for
one year from the date of denial, except that after 90 days have elapsed
since the date of denial, the applicant may be granted a permit if
the Zoning Enforcement Officer finds that the basis for denial of
the renewal permit has been corrected or abated.
H.
Suspension of permit. The Zoning Enforcement Officer
shall suspend a permit for a period not to exceed 30 days if he determines
that a permittee or employee of a permittee has:
I.
Revocation of permit.
(1)
The Zoning Enforcement Officer shall revoke a permit if a cause of suspension set forth in Subsection H occurs and the permit has been suspended within the preceding 12 months.
(2)
The Zoning Enforcement officer shall revoke a permit
if he determines that:
(a)
A permittee or any of the persons specified
in Subsection D(1)(h) is or has been convicted of the offenses specified
in Subsection D(1)(h);
(b)
A permittee gave false or misleading information
in the material submitted to the Township during the application process;
(c)
A permittee or an employee of a permittee has
knowingly allowed possession, use or sale of controlled substances
on the premises;
(d)
A permittee or an employee of a permittee has
knowingly allowed prostitution on the premises;
(e)
A permittee or an employee of a permittee knowingly
operated the sexually oriented business during a period of time when
the permittee's permit was suspended;
(f)
A permittee or an employee of a permittee has
knowingly allowed any specific sexual activities to occur in or on
the permitted premises; or
(g)
A permittee is delinquent in payment to the
Township or state of any taxes or fees related to his businesses.
(3)
When the Zoning Enforcement Officer revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date the revocation became effective, except that if the revocation is pursuant to Subsection I(2)(a) above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.
J.
Transfer of permit. A permittee shall not transfer
his permit to another person. A permittee shall not operate a sexually
oriented business under the authority of a permit at any place other
than the address designated in the application.
K.
Location and operation of sexually oriented business.
(1)
A person is guilty of a violation of this chapter
if he operates or causes to be operated a sexually oriented business
outside of the district in which a sexually oriented business is a
permitted use. No sexually oriented business shall be located outside
a district in which a sexually oriented business is a permitted use.
Sexually oriented businesses, as defined herein, shall be permitted
in the C-2 Zoning District of Brighton Township as a conditional use.
(2)
No person may operate or cause to be operated a sexually
oriented business within 1,000 feet of:
(a)
A church.
(b)
A public or private pre-elementary, elementary
or secondary school.
(c)
A public library.
(d)
A child-care facility or nursery school.
(e)
A public park.
(f)
A nursing home.
(g)
A sanitarium.
(h)
A retirement or convalescent home.
(i)
A group home.
(j)
A personal care home.
(k)
An establishment which is licensed to and does
sell alcoholic beverages.
(l)
Other sexually oriented businesses.
(m)
A residential boundary (R-1 Zoning District).
(n)
Property boundary of residential dwelling.
(3)
A person is guilty of a violation of this chapter
if he causes or permits the operation, establishment or maintenance
of more than one sexually oriented business in the same building,
structure or portion thereof.
(4)
For the purpose of the ordinance, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises listed in Subsection K(2)(a) to (n) above.
(5)
For purposes of Subsection K(2)(l) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closed exterior wall of the structure in which each business is located.
(6)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, to those premises listed in Subsection K(2)(a) to (n) above within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(7)
All activities pertaining to sexually oriented businesses
shall be conducted entirely within the confines of the building. No
theater which shows adult-related films shall project the film outside
the confines of a building. No music or sound emitting from the business
shall be audible to normal human hearing at any time at any exterior
property line of the business.
(8)
The following hours of operation shall be adhered
to by all sexually oriented businesses:
(9)
The maximum gross floor area of any building which
is utilized for an adult-related business shall be 5,000 square feet.
(10)
No exterior sign which advertises any adult-related
business shall include any lewd or obscene work or any figure, picture
or painting which utilizes sexually explicit graphics. Other regulations
pertaining to commercial signs in this chapter shall also be adhered
to.
(11)
To ensure that the regulations of this section
are adhered to by the applicant, the following information shall be
provided with the application for a conditional use:
(a)
A site survey of the property and building proposed
for the sexually oriented business and a survey illustrating the distance
to the location, size and type of all buildings and uses within 2,500
feet of the building proposed for the business. Also, the zoning district
classification within 2,500 feet of the property and building proposed
for the business shall be illustrated on the site survey. The survey
shall be prepared and sealed by a surveyor licensed by the State of
Pennsylvania and shall be at a scale no less than one inch to 100
feet. The survey shall indicate the scale, date drawn, North point,
tax parcel number of all parcels illustrated, the names of any roads
or highways illustrated and shall be on paper measuring no less than
24 inches by 36 inches. Fifteen copies of the survey shall be submitted
with the application.
(b)
The above-referenced site survey shall indicate
the proposed parking layout, landscaping, lighting, sign location,
building location and any other exterior improvements.
(12)
In addition to a conditional use permit, a site plan shall be required for the development of the site. Requirements for the site plan are in Chapter 180, Subdivision and Land Development, and this chapter.
(13)
Alcoholic beverages shall not be permitted on
the premises of a sexually oriented business.
L.
Regulations pertaining to exhibition of sexually explicit
films, videos or live performances.
(1)
A person who operates or causes to be operated a sexually
oriented business, other than an adult motel, which maintains on the
premises one or more viewing rooms for live performances, film or
videocassette or other video or other image production or reproduction
which depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
(a)
The application for a permit to operate a sexually
oriented business shall be accompanied by a floor plan and plot plan
diagram of the premises showing a plan thereof specifying the location
of one or more managers' stations, the location of all viewing rooms,
partitions and doors and the location of all overhead lighting fixtures
and designating any portion of the premises in which patrons will
not be permitted. A managers' station may not exceed 32 square feet
of floor area. The diagram shall also designate the place at which
the permit will be conspicuously posted if granted. A professionally
prepared diagram in the nature of an engineer's or architects blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all interior areas of the premises
to an accuracy of plus or minus six inches. The Zoning Enforcement
Officer may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since
it was prepared.
(b)
The application should be sworn to be true and
correct by the applicant.
(c)
No alteration in the configuration or location
of a managers' station may be made without the prior approval of the
Zoning Enforcement Officer or his designee.
(d)
It is the duty of the owners and operators of
the premises to ensure that at least one employee is on duty and situated
in each managers' station at all times that any patron is present
inside the premises.
(e)
The interior of the premises shall be configured
in such a manner that there is an unobstructed view from a managers'
station of every area of the premises to which any patron is permitted
access for any purpose, excluding rest rooms. Rest rooms may not contain
video reproduction or viewing equipment. If the premises has two or
more managers' stations designated, then the interior of the premises
shall be configured in such a manner that there is an unobstructed
view from at least one of the managers' stations of each area of the
premises to which any patron is permitted access for any purpose.
The view required in this subsection must be by direct line of sight
from the managers' station.
(f)
It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present on the premises to ensure that the view area specified in Subsection L(1)(e) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection L(1)(a) of this section.
(g)
No viewing room may be occupied by more than
one person at any time. No connections or openings to an adjoining
viewing room shall be permitted.
(h)
The premises shall be equipped with overhead
lighting fixtures of sufficient intensity to illuminate every place
to which patrons are permitted access at an illumination of not less
than one footcandle as measured at the floor level.
(i)
It shall be the duty of the owners and operators
and it shall also be the duty of any agents and employees present
in the premises to ensure that the illumination described above is
maintained at all times that any patron is present in the premises.
M.
Exemptions. It is a defense to prosecution under Subsection C and Subsection K that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school, licensed by the Commonwealth
of Pennsylvania or a college, junior college or university supported
entirely or partly by taxation;
(2)
By a private college or university which maintains
and operates educational programs in which credits are transferable
to a college, junior college or university supported entirely or partly
by taxation; or
(3)
In a structure:
(a)
Which has no sign visible from the exterior
of the structure and no other advertising that indicates a nude person
is available for viewing; and
(b)
Where, in order to participate in a class, a
student must enroll at least three days in advance of the class; and
(c)
Where no more than one nude model is on the
premises at any one time.
N.
Injunction. A person who operates or causes to be
operated a sexually oriented business without a valid permit or in
violation of this chapter is subject to an action in equity or suit
for injunction as well as citations for violations of this chapter.
[Added 1-11-1999 by Ord. No. 107]
Any party proposing a campground shall present
a site plan demonstrating minimum compliance with the following requirements:
A.
Permit required.
(1)
Any person who operates a campground without a valid
permit issued by the Township is guilty of a violation of this chapter
of the Township.
(2)
An application for a permit to operate a campground
must be made on a form provided by the Zoning Enforcement Officer
of the Township. The operator/applicant must agree in his or her application
that a responsible attendant shall be in charge of the management
of the campground at all times. The application must set forth the
names of the management attendants to be in active charge of the proposed
campground and their hours of duties shall be set forth. A site plan
showing trees, roads, campsites, location of one-hundred-year floodplain,
if applicable, and facilities must be submitted with the application.
The operator/applicant shall also submit a plan to control noise,
litter, lighting, trespassing and traffic. Any changes after the permit
is granted shall be filed with the Township Zoning Officer within
five days from the date of change.
(3)
The operator/applicant must comply with the provisions
of this chapter and the premises must be inspected and found to be
in compliance with the application, this chapter and the law by the
Zoning Enforcement Officer before a permit can be issued.
(4)
The Township Zoning Enforcement Officer shall approve
the issuance of a permit to the operator/applicant within 30 days
after the date the conditional use is approved and all conditions
are met by the operator/applicant.
(5)
The annual fee for a campground permit will be established
by resolution of the Supervisors of Brighton Township.
(6)
An operator/applicant shall permit representatives
of the Police Department, Fire Chief, Zoning Enforcement Officer or
other Township departments or agencies to inspect the premises of
the campground on an ongoing basis for the purposes of ensuring compliance
with the law.
(7)
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in Subsection A(2) and (3) above. The application for renewal should be made at least 30 days before the expiration date and when made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
(8)
The Zoning Enforcement Officer shall suspend a permit
if he determines that the operator has violated or is not in compliance
with any section of this chapter. During the suspension of the permit,
the campground shall be closed and shall remain closed. After being
advised by the campground operator that the violations have been corrected,
the Zoning Enforcement Officer shall have up to seven days to inspect
the premises for compliance with this chapter. Upon compliance as
determined by the Zoning Enforcement Officer, the permit shall be
reinstated for the operation of the campground.
B.
Campground requirements.
(1)
Campgrounds shall be situated on a minimum of 10 contiguous
acres.
(2)
All campsites shall be set back at least 100 feet
from any property line. This perimeter buffer strip shall be used
for lawn and screening purposes only, such as ornamental fencing or
natural growth. No part of any required buffer strip shall be used
for any other required area for a campground, service buildings, drives
or water and sewage facilities which are located above ground. Buffer
strips shall be a planted visual barrier or landscape screen and be
of shrubs and hedges planted at an initial height of not less than
two feet. The low-level screen shall be placed in alternating rows
to produce a more effective barrier.
(3)
Campgrounds shall not be permitted to accommodate
more than four campsites per acre.
(4)
A minimum of 20% of the gross area of the campground
shall be devoted to recreational facilities and common open spaces.
Recreational facilities shall not be located within 100 feet of any
property line.
(5)
Recreational facilities and common open spaces shall
be distributed more or less equally throughout the campground development
in relationship to the campsites they are intended to serve and consistent
with good design principles. Open spaces shall not be isolated in
one corner of the campground, but shall be accessible to all campsites
within the campground.
(6)
Environmental considerations.
(a)
The developer shall take every precaution to
preserve the natural site amenities and to minimize the disturbance
to the natural environment.
(b)
The development will be designed and programmed
so as to minimize earthmoving activity, erosion, tree clearance and
the destruction of natural amenities.
(c)
Existing trees shall be preserved where possible.
The location of trees must be considered when planning the location
of common open spaces, service buildings, campsites, underground services,
walks, paved areas, playgrounds, parking areas and finished grade
levels.
(d)
Seeding, sodding and other planting shall be
applied to stabilize topsoil.
(e)
Erosion control measures such as minimizing
the area of exposed soil, mulching, building silt catchment basins
and planting temporary ground cover shall be instituted as necessary.
(f)
In order to ensure the preservation of the natural
characteristics of the land, trees, ground cover, natural bodies of
water and other significant natural features, a detailed landscaping
plan and an erosion control and sedimentation plan will be required
at the time of initial plan submission.
(7)
The campground shall have adequate access for automobiles,
travel trailers, motorized homes and fire-fighting equipment. All
access and interior drives shall be dust free. No structure shall
be permitted within 25 feet of the right of way of an access road
and interior road or within 20 feet of common parking.
(8)
Each campsite shall have one parking space and the
campground shall have additional parking in a common area of one parking
space per five campsites.
(9)
During operation, every campground shall have an office
in which shall be located the person responsible for the operation
of the campground. Such attendant shall supervise conduct on and in
all common areas and be responsible for any violation of the provisions
of this chapter or any other laws, ordinances or rules which govern
the operation of the campground.
(10)
All water facilities and sewage collection,
treatment and disposal shall be approved and maintained in accordance
with the requirements of the Pennsylvania DEP. Rest room and shower
facilities shall be sufficient to adequately service the campsites
proposed and shall be located in a central area.
(11)
The storage, collection and disposal of refuse
in the campground shall be conducted so as to create no health hazards,
rodent harborage, insect breeding areas, air pollution or fire hazard.
The campground shall be kept free of all litter, rubbish and flammable
material at all times. All organic rubbish or storage shall be contained
in airtight verminproof containers, which shall also be screened from
the public view.
(12)
No campsite or service buildings shall be permitted
within a one-hundred-year floodplain.
(13)
A campground may construct one freestanding
or attached identification sign containing no more than 32 square
feet. Such sign shall be set back at least 10 feet from the street
right-of-way, at least 100 feet from any residential zone and at least
25 feet from adjoining lot lines. All lighting shall be arranged and
shielded so that no glare or direct illumination shall be cast upon
adjacent properties or public streets.
(14)
No accessory uses, other than provided herein,
shall be permitted at the campground.
(15)
The boundaries of all camping and trail areas
shall be marked to prevent inadvertent trespassing.
[Added 11-13-2001 by Ord. No. 119; amended 2-13-2023 by Ord. No. 237]
A.
Buffer yard type.
(1)
Where required, buffer yards shall conform to the following
standards. New developments in Brighton Township shall provide one
of the following buffer yards, as specified in this section:
(2)
All areas of a buffer yard not planted with trees or shrubs
shall be seeded with high mow grass or ground covers unless a ground
cover of mulch, bark or stone is established and maintained.
(3)
Evergreen (conifer) trees shall be used in clusters, where feasible;
evergreen shrubs shall be planted in clusters, rather than singly.
B.
Buffer yard design and landscaping standards.
(1)
Buffer yard A (minor): required plant units per 100 feet (at
the minimum width of 10 feet): See Exhibit A, Buffer Yard Details.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(2)
Buffer yard B (moderate): required plant units per 100 feet
(at minimum width of 15 feet): See Exhibit A, Buffer Yard Details.
(3)
Buffer yard C (major): required plant units per 100 feet (at
the minimum width of 25 feet): See Exhibit A, Buffer Yard Details.
(4)
Low street walls or fencing (three feet to four feet in height),
brick piers with decorative metal fencing and shrubs may be combined
to comprise the screening.
C.
Applicability.
(1)
In order to provide a level of flexibility, a developer/property
owner may choose from several widths and planting options within each
class of buffer yard as provided in this section.
(2)
Buffer yard requirements are stated in terms of the width of
the buffer yard and the number of plant units required per 100 linear
feet of buffer yard. Recommended plant types are divided into four
categories: canopy trees, understory trees, evergreen trees, and shrubs.
Native and adaptive noninvasive species are required. Recommended
plant species for each of these categories are found at the end of
this section. See Exhibit B, Recommended Buffer Yard Plant List.[2] The requirements of a buffer yard may be satisfied by
any of the options illustrated in Exhibit A, Buffer Yard Details,[3] or, in the alternative, an equivalent buffer yard may
be provided.
[2]
Editor's Note: Exhibit B is included as an attachment to this chapter.
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(3)
Each illustration depicts the total buffer yard required to
be erected by the higher intensity use when it is being located next
to the same or lower intensity use, except any residential use that
is proposed to be developed adjacent to a higher intensity use existing
as of the effective date of this section shall be required to plant
a minimum buffer yard A (minor).
(4)
Whenever a wall, fence, or berm is required within a buffer
yard, these are shown as "structure required" in the following illustrations.
Whenever a wall is required in addition to a berm, the wall shall
be located between the berm and the higher intensity use in order
to provide maximum sound absorption.
(5)
Buffer yard type. The type and extent of buffer yard plantings
or screening shall be a function of the degree of potential incompatibility
of the adjacent land uses as set forth in this section, except where
a more stringent buffer yard is specified elsewhere in this Code,
all new nonresidential developments shall provide a buffer yard B
(moderate) along non-right-of-way boundary lines of parcels located
on the perimeter of a zoning district.
(6)
Buffer yard width.
(a)
Each buffer yard, A through C, has designated width options.
Using a berm or walls within the buffer yard to supplement required
vegetation is permitted.
(b)
Roadside setbacks and rights-of-way. When a parcel abuts a road
or street right-of-way, and where a minimum setback from the road
or street is specified in another section of this chapter, that minimum
setback must be followed and the required buffer yard shall be planted
along the property line adjacent to the road right-of-way. Where no
buffer yard standard is specified, a buffer yard A (minor) is required.
(7)
Minimum planting. All areas of a buffer yard not planted with
trees or shrubs shall be seeded with high mow grass unless ground
cover is to be established and maintained. Evergreen (conifer) plant
material shall be used in clusters, rather than singly, in order to
maximize their chance of survival.
D.
Buffer yard fences, berms and berm walls.
(1)
Buffer yards B and C shall include the use of fences, berms
or berm walls as part of the buffer yard requirements. The specifications
for the permitted fences, berms and berm walls are attached as Exhibit
A, Buffer Yard Details.[4]
[4]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(2)
If a fence or wall has a decorative side, that side shall face
the public right-of-way, or in the case of a fence or wall separating
residential from business premises, the decorative side shall face
the residential property. It shall be the responsibility of the person
or corporation erecting the wall or fence and their successors and
assigns to maintain both sides of it in good repair for as long as
it is in place. All parts of a fence or wall, including foundations,
shall be entirely within the property on which it is located.
E.
Buffer yard maintenance. Buffer yards shall be maintained by the
owner of the property on which they are located. Loss of 15% of the
plant material, regardless of cause, shall require the replacement
of such plantings by the owner.
F.
Buffer yard use. A buffer yard may be used for passive recreation
and may contain pedestrian or bike trails, provided that:
G.
Township landscaping standards. In addition to the buffer yard landscaping
requirements set forth herein, the following general landscaping requirements
shall apply as indicated:
(1)
Residential landscaping requirements. Residential landscaping
is an important element in the Township's efforts to maintain and
enhance its rural and residential character. All residential lots
shall adhere to the following landscaping standards:
(a)
All residential lots shall be planted with a minimum of three
shade trees with a minimum caliper of 1 1/2 inches diameter at
breast height (DBH). Any single-family detached lot shall have at
least two of the required shade trees located in the front yard or,
in the case of a corner lot, in the front yard or the side yard facing
the street. Existing trees of equal or larger DBH size, if properly
preserved, will satisfy this requirement. This standard shall be met
within 12 months of issuance of the building permit to construct the
dwelling.
(b)
For any residential development containing attached dwellings
(townhouses) and/or multifamily dwelling buildings, one shade tree
with a minimum caliper of 1 1/2 inches DBH shall be planted for
each dwelling unit, one on each individual townhouse lot if such lots
are included in the development, or within the open space area(s).
Existing trees of at least 2 1/2 inches caliper DBH and of a
variety on the canopy tree list, if in good health, will satisfy this
requirement.
(c)
Trees, shrubs, flowers, and plants shall be permitted in any
yard, except that no hedge shall be grown or maintained at a height
greater than that permitted by this section for a solid fence; fences,
walls, and hedges shall be treated equally for height, size and opacity.
(2)
Business and agricultural fencing requirements.
(a)
For purposes of security, a business owner may surround that
portion of his/her property that requires protection with a chain-link
fence not more than eight feet high, except that along property boundaries
abutting rights-of-way, ornamental fencing shall be utilized. The
base of the fence facing a public road or residential property shall
be planted on the outer side with shrubs not more than three feet
on center and not less than 2 1/2 feet high when planted, maintained
thereafter in good health by the property owner.
(b)
For purposes of containing farm animals or to prevent trespassing,
owners of agricultural properties may surround their barnyards and/or
other parts of their production lands with barbed wire fencing.
(3)
Open space landscaping requirements. Developments that include
required open space areas shall submit a landscaping plan as part
of an application for plan approval. This plan shall provide for landscaping
in the open space that defines space and circulation, provides shade,
provides natural wooded areas for passive recreation and environmental
needs, and provides screening for active recreation areas, parking
lots, and other incompatible uses from residences. The quantity of
trees allocated to common open space shall not have the effect of
eliminating the landscaping devoted to individual lots. Open space
areas within any development shall adhere to the following minimum
landscaping standards:
(a)
Planting requirements. Two shade trees with a minimum caliper of 1 1/2 inches DBH, or three ornamental trees or evergreen trees selected from the list in Subsection J below, shall be planted for each dwelling unit in the development within the open space area. Existing trees of equal or greater caliper will, if in good health, satisfy this requirement.
(b)
Areas with no trees shall be seeded with grass or maintained
with ground cover, nonmowed grasses or wildflowers.
(c)
Agricultural use. While the open space is maintained in active
agricultural uses, the planting requirements are waived.
(4)
Nonresidential landscaping requirements. In all institutional,
commercial and industrial developments, one shade tree with a minimum
1 1/2 inches caliper diameter at breast height when planted for
every 1,000 square feet of gross floor area, fractions excluded. Existing
trees of 2 1/2 inches or greater caliper, if in good health,
will satisfy this requirement. Parking lot planting counts toward
plant list.
(5)
Parking lot design/landscaping.
(a)
All new parking lots and all existing parking lots that are
expanded by 20 or more parking spaces or increased in area by 50%,
after the effective date of this section, shall comply with the following
parking lot landscaping requirements:
[1]
Perimeter landscaping and screening. Parking lots
shall be screened around their entire perimeter (except on the side
directly adjacent to the building they serve) with a landscaped buffer
so as to prevent direct views of parked vehicles from streets and
sidewalks, decrease the amount of spillover light, glare, noise, or
exhaust fumes onto adjacent properties, and provide the parking area
with a reasonable measure of shade when trees reach maturity. Required
buffer yards shall be considered the minimum when provided, and no
additional landscaping shall be required.
[a]
Required plantings. Where plant material is used
as a screen, it shall include, at a minimum, canopy or ornamental
trees planted at every 30 feet on center with continuous evergreen
shrubbery in between.
[b]
Fences, berms and walls shall be selected from
the standards in Exhibit A, Buffer Yard Details, in this section.[5]
[5]
Editor's Note: Exhibit A is included as an attachment to this chapter.
H.
Parking lot interior landscaping. The interior of any parking lot
may be landscaped to provide shade and visual relief by installing
protected planting islands or peninsulas within the perimeter of the
parking lots. Planting strips and islands shall have a minimum width
and depth of 10 feet.
I.
General parking lot landscaping standards.
(1)
Pedestrian crosswalks shall be provided where necessary and
appropriate.
(2)
Shrubs in or at the edge of the parking lot shall be a minimum
two feet six inches in height and shall provide a year-round screen
for paved areas and cars. Shrub varieties should either be evergreen
or, if deciduous, have a dense, twiggy growth for winter screening
and an attractive year-round appearance.
(3)
Plants (or other elements) that restrict visibility to pedestrians
or automobile operators, such as tall shrubs and low-branching trees,
shall be avoided. Plant materials at vehicular entrances shall be
located so as to maintain safe sight distances.
(4)
Plant varieties should be selected that are moderate- to slow-growing,
require little maintenance, and tolerate such conditions as sun, wind,
drought, glare, reflected heat, salt and chemicals, and small planting
spaces.
J.
Recommended plant list. See Exhibit B, Recommended Buffer Yard Plant
List.[6] Those plants marked with an asterisk (*) are native plants.
An emphasis on the use of native plants is desired.
[6]
Editor's Note: Exhibit B is included as an attachment to this chapter.
[Added 11-13-2001 by Ord. No. 119; amended 3-8-2004 by Ord. No.
135]
A.
A traffic access/impact analysis study shall be required
when a proposed land development or subdivision will generate 75 or
more new peak hour trips on the adjacent roadways. The estimated number
of trips shall be determined by an analysis of similar uses through
data collected by the Institute of Transportation Engineers or through
studies of similar uses acceptable by the Township. The Township may
require a traffic study for developments or changes in uses generating
less than 75 additional vehicles during peak hours in cases where
known traffic deficiencies exist in the area of the proposed development
or change in use. The Township may waive the study requirement for
an individual development or change in use, where said development
or change in use was incorporated as part of a previous traffic impact
study.
B.
A traffic access/impact study shall be submitted as
part of an application for land development or subdivision approval.
A scope of work for the study shall first be submitted for Township
approval. The specific roadways and intersections to be studied shall
be identified along with the planned data collection and analysis
procedures. The study shall be performed by a qualified registered
professional traffic engineer. The study shall contain the following
information, provided that the Township may waive or add to the requirements
on a case-by-case basis:
(1)
Description of the proposed project in terms
of land use type and magnitude.
(2)
An inventory of existing conditions in the approved
study area, including:
(a)
Roadway network and traffic control;
(b)
Existing traffic volumes in terms of peak hours
and average daily traffic (ADT);
(c)
Planned roadway improvements by others;
(d)
Levels of service for all intersections;
(e)
Roadway levels of service (where appropriate);
(f)
Other measures of roadway adequacy, i.e., lane
widths, traffic signal warrants, vehicle delay studies, etc.; and
(g)
Crash data summary of study intersections.
(3)
An analysis of existing traffic conditions,
including:
(4)
Projected site-generated traffic volumes in
terms of:
(a)
Peak hours and ADT;
(b)
Approach/departure distribution, including method
of determination;
(c)
Site traffic volumes on roadways; and
(d)
When a developer has made an application for
a change of zoning classification for a proposed development, the
data shall include a comparison of existing zoning to proposed site
generation.
(5)
An analysis of future traffic conditions, including:
(a)
Future design year, or years with phasing, (development
fully completed) combined volumes (site traffic plus future roadway
traffic);
(b)
Intersection levels of service;
(c)
Roadway levels of service (where appropriate);
(d)
Other measures of roadway adequacy, i.e., lane
widths, traffic signal warrants, vehicle delay studies, etc.;
(e)
A pavement analysis, using a method approved
by the Township, of roadways which are projected to experience significant
increases, as required by the scope of work in ADT volumes off-site
for compliance to the Township standards; and
(f)
When access is onto a state road, the analysis
of future conditions shall be consistent with PENNDOT requirements.
(6)
A description of future levels of service and
their compliance with standard for traffic capacity of streets, intersections
and driveways. New streets shall be designed for adequate traffic
capacity defined as follows: All reference to levels of service (LOS)
shall be as defined by the Highway Capacity Manual, Special Report
209, published by Transportation Research Board.
(a)
Traffic capacity LOS shall be based upon a future
design year which coincides with completion of the development.
(b)
Unsignalized intersection or driveways which
intersect streets shall be designed for LOS C or better for each traffic
movement unless otherwise specified by the Township.
(c)
Signalized intersections shall be designed for
LOS C or better. Existing intersections impacted by development traffic
shall maintain a minimum LOS D or, if future base LOS is E or F, then
degradation in delays shall be mitigated. A future design year analysis
without development shall be completed for comparison purposes.
(d)
Streets shall be designed for a minimum LOS
C.
(7)
A description and analysis of the proposed access
plan and site plan including:
(8)
Traffic circulation mitigating action plan shall
include:
(a)
Project features relative to site access and
on-site circulation which could be modified to maximize positive impact
or minimize negative impact.
(b)
Off-site improvement plan, depicting required
roadway and signal installation and signing improvements to meet the
minimum level of service requirements.
(c)
Pedestrian circulations systems and related
walkways shall be included and insulated completely and as reasonably
as possible from the vehicular street system in order to provide separation
of pedestrian and vehicular movement. This shall include, when deemed
necessary by the Township, pedestrian underpass or overpass in the
vicinity of schools, playgrounds, commercial areas and other uses
which generate a considerable amount of pedestrian traffic.
(d)
The developer must submit proposed solutions
to the problems along with the cost estimates, and the proposed methods
of financing, and actions/approval required by the Township, Beaver
County or PENNDOT. A plan approved by the Township Engineer for correcting
or eliminating any identified street capacity and/or safety problems
shall be a condition of approval for the application. The cost of
all on-site traffic improvements shall be borne by the developer.
(e)
All entrance/exits to the site, and streets and driveways within the site, shall comply with PENNDOT requirements ("Access to and Occupancy of Highway by Driveways and Local Roads," 67PA Code, Chapter 1) and applicable Township specifications. If access is proposed from a state or county-owned road, a copy of the required access permit must be submitted to the Township prior to issuance of a building permit.
(f)
Roadway design features for public streets which
discourage through traffic patterns and speeding by the use of traffic
calming design features shall be utilized. Features may include traffic
circles, medians, reduced tangent roadway segments or other methods
approved by the Township Engineer.
C.
Fees for review costs. Based upon the scope of work
for review and determination of the complexity of the development
project, the Township may require the traffic impact study to be reviewed
by a traffic consultant selected by the Township. In such a case,
the applicant required to submit the traffic study shall be required
to pay for the cost of the consultant review, plus 5% administrative
fees. No permits for construction or occupancy of a site shall be
issued until said consultant fees are paid.
[Added 11-13-2001 by Ord.
No. 119; amended 12-11-2017 by Ord. No. 206]
A.
A medical marijuana dispensary or 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 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 Township approval shall immediately become void. In the event a site is abandoned, compliance with the provisions of Chapter 148, Property Maintenance, is required. A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
B.
A medical marijuana dispensary or medical marijuana grower/processor
shall at all times operate in compliance with all Department of Health
regulations pertaining to such facilities.
C.
A medical marijuana dispensary or medical marijuana grower/processor
must be located on a lot containing not less than two acres.
D.
A medical marijuana dispensary or 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.
E.
A medical marijuana dispensary or medical marijuana grower/processor
must operate entirely within an indoor, enclosed, and secure facility.
No exterior sales and no sidewalk displays shall be permitted. No
drive-through services shall be permitted. The use cannot be advertised
on radio or television.
F.
A medical marijuana dispensary or medical marijuana grower/processor
shall be limited to the hours of operation not earlier than 9:00 a.m.
and not later than 9:00 p.m.
G.
A medical marijuana dispensary or medical marijuana grower/processor
shall submit a disposal plan to be reviewed and approved by the Township.
Medical marijuana remnants and by-products shall be disposed of according
to an approved plan and shall not be placed within an exterior refuse
container.
H.
There shall be no emission 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 dispensary or medical
marijuana grower/processor is located.
I.
No one under the age of 18 shall be permitted in a medical marijuana
dispensary, unless accompanied by a caregiver as required under Section
506 of the Medical Marijuana Act.
J.
No use of medical marijuana shall be permitted on the premises of
a medical marijuana dispensary or medical marijuana grower/processor.
K.
A medical marijuana dispensary or medical marijuana grower/processor
shall submit a security plan to the Township. It shall demonstrate
how it will maintain effective security and control. The security
plan shall specify the type and manner of twenty-four-hour security,
tracking, recordkeeping, record retention, and surveillance system
to be utilized in the facility as required by Section 1102 of the
Medical Marijuana Act and as supplemented by regulations promulgated
by the Department of Health pursuant to the Medical Marijuana Act.
[Added 5-12-2003 by Ord. No. 129]
A.
Professional services.
(1)
In addition to the permitted use as a no-impact
home-based business, where professional services are provided in the
home, a permit for the home occupation will be issued, provided the
following requirements are demonstrated:
(a)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
(b)
Services shall be provided on a one-to-one basis.
Overlap of clients shall not be permitted.
(c)
The business shall employ no employees within
the dwelling other than family members residing in the dwelling. Nonresident
employees shall not use the residence as a meeting location prior
to traveling to another work site.
(d)
There shall be no display or sale of retail
goods.
(e)
There shall be no stockpiling or inventory of
a substantial nature. Further, there shall be no outside stockpiling,
inventory or storage of other materials used by the occupant in performance
of the home occupation whether performed on site or at another location.
(f)
There shall be no outside appearance of a business use, including lights. Parking shall be in accordance with § 195-105B. No significant additional vehicular or pedestrian traffic to the residence shall be created, nor shall the use require delivery by tractor trailer trucks.
(g)
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
(h)
The business activity may not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with residential use in the neighborhood.
(i)
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
(j)
The business may not involve any illegal activity.
(2)
Permitted home occupations shall include, but
not be limited to the professions of engineer, architect, attorney,
artist, clergyman, musician, writer, teacher, data processor, draftsman,
sales representative, surveyor, accountant, secretary, and mechanical/equipment/small
appliance repair. Craft occupations, including woodworking, construction,
cooking and baking and sewing are permitted.
(3)
Prohibited home occupations shall include, but
not be limited to, automotive repair and inspections, bakeries, licensed
day-care centers, butchers, morticians, health care facilities, and
hair, nail and tanning salons.
(4)
Nothing in this section shall relate to the
providing of in-home child care.
B.
Procedure.
(1)
Application. Application for a home occupation
or no-impact home-based business permit shall be made to the Zoning
Officer on a form provided by the Township and shall be accompanied
by the prevailing filing fee as established by resolution by the Township
Board of Supervisors. The Zoning Officer will make a decision and
notify the applicant in writing within 15 calendar days of the date
the application is received.
(2)
Scope. In cases where the Zoning Officer considers
the application not within the scope of the home occupation or no-impact
home-based business criteria, the application will be denied.
(3)
Time limit. All home occupation and no-impact
home-based business permits shall be valid for a period of one year
from initial date of approval. The permit will be reissued on an annual
year thereafter, provided the applicant can demonstrate compliance
with this chapter.
(4)
Voiding of permit. The Zoning Officer may void
any home occupation or no-impact home-based business permit for noncompliance
with the criteria set forth in this chapter. Revocation may take place
at any time prior to the expiration date of the permit. If the permit
is revoked or is not renewed, it becomes null and void, and said use
shall be terminated.
(5)
Inspection. Applicants shall permit a reasonable
inspection of the premises by the Zoning Officer to determine compliance
with this chapter.
(6)
Renewal. Home occupation and no-impact home-based
Business permits may be renewed annually provided there has not been
any violation of the provisions of this chapter. Requests for renewals
shall be submitted to the Zoning Officer in writing, accompanied by
the prevailing renewal fee, as established by the Township Board of
Supervisors resolution, one month prior to expiration of the permit.
[Added 5-12-2003 by Ord. No. 129]
A.
The maximum number of sleeping rooms offered for use
shall be eight.
B.
The owner/operator shall be a full-time resident of
the dwelling.
C.
No meals, other than breakfast, shall be served on
the premises. Meals shall not be served to customers who are not overnight
guests.
D.
Maximum lengths of stay for any guest shall be seven
consecutive overnight stays in any thirty-day period.
E.
A placard mounted on the exterior wall of the dwelling,
which shall not exceed six square feet in area and which shall contain
only the name and address of the establishment and the proprietor's
name, plus one freestanding sign not to exceed 12 square feet, shall
be permitted. Said freestanding sign shall be placed at least five
feet from the right-of-way line.
F.
One off-street parking space shall be provided on
the lot for each sleeping room in addition to two required spaces.
The parking area shall be screened from adjoining residential properties
by a minimum six-foot-high compact hedge or fence.
G.
Public sanitary sewer and public water service shall
be provided.
[Added 12-12-2005 by Ord. No. 147]
A.
It is recognized that outdoor advertising devices
are typically freestanding signs of comparatively great size which
are designed specifically to attract the attention of the motoring
public. Because outdoor advertising devices differ in these aspects
from other freestanding signs, and because it is the express objective
of this section to limit nuisances and insure the safety of motorists
and pedestrians, the following regulations have been adopted.
B.
Outdoor advertising devices shall be permitted as
a principal use in the C-2 Zoning District, subject to the following
criteria:
(1)
Number: No more than one outdoor advertising
device shall be erected on any one premises under single or separate
ownership.
(2)
Separation: No outdoor advertising device shall
be located closer than 3,000 feet from any other such outdoor advertising
device.
(3)
Lot size: No outdoor advertising device shall
be erected on a lot with an area less than 6,000 square feet, nor
erected on a lot less than 60 feet in width.
(4)
Location: No outdoor advertising device shall
be located within 100 feet of a residential property line, nor within
25 feet of a nonresidential property line.
(5)
Size: The area of the outdoor advertising device
shall not exceed 300 square feet, and the height shall not exceed
35 feet.
[Amended 12-10-2007 by Ord. No. 156]
(6)
Owner identification: All outdoor advertising
devices shall have the identity of the name and address of the owner
on such sign.
(7)
Landscaping: Two flowering trees a minimum of
six feet in height shall be planted adjoining the supporting structure
of the outdoor advertising device. The rear side of a single-faced
outdoor advertising device shall be of one color and screened by the
existing or natural landscaping materials or by a planting of evergreen
trees at least six feet in height.
(9)
Orientation: Outdoor advertising devices shall
be oriented only toward Pennsylvania Route 60 and not toward any
other street, and shall comply with the Pennsylvania Outdoor Advertising
Control Act and accompanying federal and state regulations.
[Amended 12-10-2007 by Ord. No. 156]
[Added 10-8-2007 by Ord. No. 154]
A.
Cemetery design criteria. It is the intention of the
Board of Supervisors to insure that any cemetery approved as a conditional
use be designed to minimize alteration of natural drainage patterns,
optimize recharge of the groundwater reservoir and to fit into the
characteristic landscape of the Township.
(1)
To demonstrate feasible compliance with the
design criteria and to facilitate design review, a conceptual plan
of the entire tract under common ownership with any area planned for
cemetery development shall be submitted at the time of the conditional
use application. Such plan shall establish generalized locations and
their respective limits for proposed development of burial grounds,
including areas where aboveground stones or monuments, mausoleums
and other structures will be permitted, accessways, parking, visitor
facilities, maintenance facilities, and accessory development, as
well as planned future development of such areas and facilities not
part of the application at hand.
(3)
A landscape plan shall be required with submission
of preliminary and final land development application. A sketch landscape
plan with narrative as needed must accompany the conditional use application,
indicating the general landscape design intended, approximate amount
and type of vegetation and be of sufficient detail to demonstrate
compliance with the requirements of this section.
(4)
Pedestrian and vehicular access and circulation
systems shall be designed for safety and convenience.
(5)
The applicant shall provide sufficient hydraulic
and other information to satisfy the Board of Supervisors that potential
for groundwater contamination from development of burial ground shall
not be hazardous to any neighboring water supply wells. The Board
may require, as a condition of approval, the installation of monitoring
wells where potential hazard to neighboring wells is suspect.
(6)
Setback requirements:
(a)
There shall be a setback of at least 50 feet
between any grave site and any highway or street abutting a cemetery
use. No roadways, parking, or buildings shall be placed or located
within this setback except as may be necessary for ingress and egress.
(b)
There shall be a setback of at least 50 feet
between any grave site and/or any building or other structures and
any stream, wetland or one-hundred-year floodplain on or off the lot
or tract of ground to be used as a cemetery.
(7)
A buffer yard A is required on the front yard
and a buffer yard C is required for the side and rear yards.
(8)
All driveways shall be paved to a minimum width
of 20 feet in order to allow for parallel parking on one side.
(9)
Clustered parking areas for between five and
10 automobiles shall be provided on the site based on the ratio of
five spaces per 100 graves. Parking for a chapel shall be provided
at a ratio of one space per five seats and shall be located within
200 feet of the chapel.
B.
Accessory uses. Accessory uses permitted in connection
with cemetery use shall be limited to:
C.
Prohibited uses. The interment of the human bodies
on residential lots is prohibited.
[Added 10-8-2007 by Ord. No. 154]
The following regulations apply to all wind
energy conversion systems (WECS), equipment buildings, accessory buildings
and structures.
A.
Accessory WECS use: Accessory WECS for residential
and agricultural purposes must comply with the following requirements:
(1)
One WECS is permitted on residential property.
(2)
If the property is in excess of 10 acres in
size, is in active agricultural use, is to provide power or pumping
of water for an agricultural use or structure, and complies with all
other criteria established herein, an application may be made to the
Township Zoning Officer for additional WECS (a maximum of five), depending
on acreage, as follows:
|
Number of Acres
|
Number of permitted WECS
| |
|---|---|---|
|
10 to 25
|
2
| |
|
Over 25 to 50
|
3
| |
|
Over 50 to 75
|
4
| |
|
Over 75
|
5
|
(3)
The primary purpose of the WECS is to provide
power or, in the case of an active agricultural use, the pumping of
water, for the principal use of the property where the WECS is located
and shall not be for the generation of power for commercial purposes,
although this provision shall not be interpreted to prohibit the sale
of excess power generated from time to time from a WECS designed to
meet the energy needs of the principal use.
(4)
WECS shall be located within the rear or side
yard area.
(5)
The maximum height of the WECS shall be 36 feet.
The height shall be measured from the base of the support structure
to the axis of the shaft that the blades of the WECS revolve on.
(6)
The minimum distance between the ground and
any part of the rotor or blade system shall be 15 feet.
(7)
All WECS structures shall be self-supporting.
No guy wire supported structures shall be permitted.
(9)
To protect the safety and property of persons, the applicant shall submit with his/her application ice throw calculations from a Pennsylvania registered professional engineer that calculates the maximum distance that ice from the turbine blades could be thrown with the basis of the calculations and assumptions disclosed. Should the calculations project the possibility that ice may be thrown beyond the property lines of the property on which the WECS is located, or that structures exist within the limits of the projected possibility, then the WECS must be relocated to a distance greater than the calculated ice throw. This calculation shall not be used to reduce the minimum required setback established in Subsection A(8) herein.
(10)
To protect the safety and property of persons, the applicant shall submit with his/her application blade throw calculations from a Pennsylvania registered professional engineer that calculates the maximum distance that pieces of the turbine blades could be thrown with the basis of the calculations and assumptions disclosed. Should the calculations project the possibility that a blade may be thrown beyond the property lines of the property on which the WECS is located, or that structures exist within the limits of the projected possibility, then the WECS must be relocated to a distance greater than the calculated blade throw. This calculation shall not be used to reduce the minimum required setback established in Subsection A(8) herein.
(11)
WECS shall have a nonreflective, painted steel
finish in a neutral color in order to reduce the visual impact. No
WECS shall be artificially lighted. No signs shall be mounted on the
WECS or support structure.
(12)
The minimum lot size required for the erection,
construction or placement of a WECS on a property shall be three acres.
B.
Commercial WECS use: Commercial WECS, which are not accessory to any residential, agricultural, recreational or public use, shall comply with the industrial and development performance standards set forth in § 195-137.13 and the following requirements:
[Amended 2-9-2015 by Ord.
No. 191]
(1)
The applicant shall submit a land development plan and application in accordance with Brighton Township Code Chapter 180 with site plan information as required. In addition to the information required by the Land Development Code, the applicant shall submit the following.
(a)
Specific information on the type, size, height,
rotor material, rated power output, performance, safety, and noise
characteristics of each commercial wind turbine model to be erected
and the tower and electrical transmission equipment.
(b)
Photographs or detailed drawings of each WECS
model to be erected, including the tower and foundation.
(c)
To protect the safety and property of persons, the applicant shall submit with his/her application ice throw calculations from a Pennsylvania registered professional engineer that calculates the maximum distance that ice from the turbine blades could be thrown with the basis of the calculations and assumptions disclosed. Should the calculations project the possibility that ice may be thrown beyond the property lines of the property on which the WECS is located, or that structures exist within the limits of the projected possibility, then the WECS must be relocated to a distance greater than the calculated ice throw. This calculation shall not be used to reduce the minimum required setback established in Subsection B(2)(c) herein.
(d)
To protect the safety and property of persons, the applicant shall submit with his/her application blade throw calculations from a Pennsylvania registered professional engineer that calculates the maximum distance that pieces of the turbine blades could be thrown with the basis of the calculations and assumptions disclosed. Should the calculations project the possibility that a blade may be thrown beyond the property lines of the property on which the WECS is located, or that structures exist within the limits of the projected possibility, then the WECS must be relocated to a distance greater than the calculated blade throw. This calculation shall not be used to reduce the minimum required setback established in Subsection B(2)(c) herein.
(e)
A copy of the written notification to the Federal
Aviation Administration and any replies to the notification.
(f)
Utility interconnection data and a copy of a
written notification to the utility of the proposed interconnection.
(g)
The developer/applicant shall utilize good utility
practices to minimize, to the extent practicable, the impact, if any,
of stray voltage and/or EF on adjacent properties. A report addressing
these issues shall be submitted with the application.
(h)
Other information as may be reasonably requested
by the Zoning Officer, Township Engineer, Building Inspector, Planning
Commission or Board of Supervisors.
(2)
Height and setback requirements.
(a)
The maximum height of a structure supporting
a WECS as measured from the ground at the base of the structure to
the axis of the shaft that the blades for the WECS revolve on shall
not exceed 120 feet.
(b)
The minimum distance between the ground and
any part of the rotor or blade system shall be 30 feet.
(c)
The minimum distance as measured from the blades of the WECS as they revolve around the axis of the shaft of the WECS to any property line shall be 1,000 feet or 500 feet to a public or private street, unless a greater distance is needed based upon ice and blade throw calculations as required in Subsections B(1)(d) and (e) herein.
(3)
Safety, security, landscaping, lighting regulations
and inspections.
(a)
Each WECS shall be equipped with both manual
and automatic controls to limit the rotational speed of the blade
within design limits of the rotor. A manual electrical and/or over
speed shutdown disconnect switches shall be provided and clearly labeled
on the wind turbine structure.
(b)
All wiring between the WECS and the facility
substation shall be underground.
(c)
WECS towers shall not be climbable up to 15
feet above ground level.
(d)
All access doors to the WECS towers and electrical
equipment shall be lockable and shall remain locked at all times when
operator personnel are not present.
(e)
An eight-foot-high chain link fence with a lock
gate shall be installed, maintained, and replaced if necessary around
each tower or structure supporting the WECS, equipment buildings,
accessory buildings and structures to prevent unauthorized access
to the facilities.
(f)
WECS shall have a nonreflective, painted steel
finish in a neutral color in order to reduce the visual impact.
(g)
No signs or other advertising material (including
flags, decorative streamers, pennants, ribbons, or similar devices)
shall be mounted on the WECS or support structure.
(h)
No WECS shall be artificially lighted except
as provided for and required by the FAA. When the FAA requires such
lighting, no bright white lights shall be permitted at night, but
only red lights as approved by the FAA. White strobes are permitted
only during daylight hours.
(i)
Landscaping shall be required to screen as much
of the base of the WECS, equipment buildings, accessory buildings
and structures as possible, the fence surrounding each structure supporting
the WECS, equipment buildings, accessory buildings or structures and
any other ground level features and in general to soften the appearance
of the WECS site. As part of the conditional use approval, the Board
of Supervisors of Brighton Township may permit any combination of
existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if they achieve the same degree of
screening as the required landscaping.
[1]
An evergreen screen shall be required
to surround the site. The screen can either be a hedge (planted three
feet on center maximum) or a row of evergreen trees (planted 10 feet
on center maximum). The evergreen screen shall be a minimum of six
feet in height at planting and shall grow to a minimum height of 15
feet at maturity.
[2]
In addition, existing vegetation
on and around the site shall be preserved to the greatest extent possible.
(j)
Access shall be provided to the WECS, equipment
buildings, accessory buildings and structures by means of a public
street or easement, to a public street. The easement shall be a minimum
of 30 feet on width and shall be improved to a width of 14 feet with
a dust-free all-weather surface for its entire length.
(k)
The owner/operator of the WECS shall provide
an annual inspection report to Brighton Township prepared by a registered
professional engineer as to the structural integrity of the WECS,
supporting structures and towers.
(l)
The facility owner and operator shall maintain
a phone number and identify a responsible person for the public to
contact with inquiries and complaints throughout the life of the project.
(m)
The facility owner and operator shall make reasonable
efforts to respond to the public's inquiries and complaints.
(n)
There shall be maintained a current general
liability policy covering bodily injury and property damage with limits
of at least $1,000,000 per person and $5,000,000 per accident. Certificates
shall be made available to the Township upon request.
(4)
Decommissioning.
(a)
The facility owner and operator shall, at its
expense, complete decommissioning of the WECS(s) within 12 months
after the end of the useful life of the facility or individual WECS.
The facility or individual WECS will be presumed to be at the end
of its useful life if no electricity is generated for a continuous
period of 12 months.
(b)
Decommissioning shall include removal of WECS,
buildings, cabling, electrical components, roads, foundations to a
depth of 36 inches, and any other associated facilities.
(c)
Disturbed earth shall be graded and reseeded,
unless the landowner requests in writing that the access roads or
other land surface areas not be restored.
(d)
An independent Pennsylvania registered professional
engineer shall be retained by the facility owner or operator to estimate
the total cost of decommissioning (decommissioning costs) without
regard to salvage value of the equipment, and the cost of decommissioning
net salvage value of the equipment (net decommissioning costs). These
estimates shall be submitted to the Township after the first year
of operation and every fifth year thereafter.
(e)
The facility owner or operator shall post and
maintain decommissioning funds in an amount equal to net decommissioning
costs, provided, that at no point shall decommissioning funds be less
than 110% of decommissioning costs. The decommissioning funds shall
be posted and maintained with a bonding company or federal or commonwealth
chartered lending institution chosen by the facility owner or operator
and participating landowner posting the financial security, provided
that the bonding company or lending institution is authorized to conduct
such business within the commonwealth and is approved by the Township.
(f)
Decommissioning funds may be in the form of
a performance bond, surety bond, letter of credit, corporate guarantee
or other form of financial assurance as may be acceptable to the Township.
(g)
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection B(4)(a), then the landowner, if different, shall have six months to complete decommissioning.
(h)
If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed by Subsection B(4)(a) and (g), then the Township may declare the facility owner or operator in default and proceed to collect the financial security. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
(i)
The financial security may be released when
the facility owner or operator has demonstrated and the Township concurs
that decommissioning has been satisfactorily completed, or upon written
approval of the Township in order to implement the decommissioning
plan.
C.
Exceptions. These regulations shall not apply to WECS
that meet the following conditions:
[Added 9-13-2010 by Ord. No. 171]
A.
Private dog kennels accessory to residential use shall meet the following
requirements:
(1)
Lot or parcel area shall be on a minimum five-acre lot.
(4)
Outdoor runs or common exercise areas may be permitted for the
animals being cared for at the kennel, subject to the following conditions:
(a)
The outdoor runs are utilized only between the hours of 8:00
a.m. and 8:00 p.m.
(b)
The outdoor runs are confined within a defined external area,
which is completely enclosed by an eight-foot-high fence. The perimeter
of the fence shall be adequately screened with a Buffer Yard A.
(c)
The outdoor runs shall be located at least 100 feet from the
nearest property line and 500 feet from the nearest dwelling, excluding
any on site dwelling.
(5)
All areas where dogs are kept, both inside and outside, shall
have concrete floors.
(6)
No other accessory uses, such as pet grooming services, veterinary
or clinical care services, pet supplies or other similar uses shall
be permitted.
(7)
The accessory use private dog kennel must be owned and operated
by the property resident, and all dogs on the premises must be owned
by the property owner.
(8)
The storage of any animal waste shall be regularly disposed
of by discharge to an approved sewage disposal system or facility
for biological wastes. Any temporary storage of animal or biological
waste shall be within a building, within enclosed containers, pending
removal to or disposal at an approved facility. A plan for management
of such wastes shall be submitted for municipal review.
B.
Public dog kennels shall meet the industrial and development performance standards set forth in § 195-137.13 and the following requirements:
[Amended 2-9-2015 by Ord.
No. 191]
(1)
Lot or parcel area shall be on a minimum ten-acre lot.
(4)
Outdoor runs or common exercise areas may be permitted for the
animals being cared for at the kennel, subject to the following conditions:
(a)
The outdoor runs are utilized only between the hours of 8:00
a.m. and 8:00 p.m.
(b)
The outdoor runs are confined within a defined external area,
which is completely enclosed by an eight-foot-high fence. The perimeter
of the fence shall be adequately screened with a Buffer Yard A.
(c)
The outdoor runs shall be located at least 100 feet from the
nearest property line and 500 feet from the nearest dwelling, excluding
any on-site dwelling.
(5)
All areas where dogs are kept, both inside and outside, shall
have concrete floors.
(6)
Other accessory uses, such as pet grooming services, veterinary
or clinical care services, pet supplies or other similar uses shall
be permitted.
(7)
The public dog kennel owner may board dogs not owned by the
property owner.
(8)
The storage of any animal waste shall be regularly disposed
of by discharge to an approved sewage disposal system or facility
for biological wastes. Any temporary storage of animal or biological
waste shall be within a building, within enclosed containers, pending
removal to or disposal at an approved facility. A plan for management
of such wastes shall be submitted for municipal review.
(9)
The owner of dogs and the operator of the public dog kennel
shall comply with all Township Code provisions relating to noise,
disturbance, odors or other nuisances.
(10)
All designated points of ingress and egress for all vehicles
shall be designed to consider traffic volumes on existing streets
and adjacent uses.
(11)
There shall be at least one parking space per every five dogs
boarded, and at least one parking space for each 200 square feet of
net floor area of retail space for public use.
(13)
Exterior storage areas for trash and rubbish shall be properly
screened with secured fencing and landscaping materials. All containers
shall be airtight, vermin-proof and have adequate storage capacity
to accommodate the projected volumes of solid waste. No such storage
area will be permitted within 100 feet from any lot line.
(14)
A site plan shall be provided showing the location of all items
in this subsection.
(15)
A dog kennel required to comply with the kennel provisions of
the Pennsylvania Dog Law, 3 P.S. § 459-207, shall provide
a current copy of its state dog kennel license. If a property owner/public
dog kennel operator is not required to comply with these provisions
of the Pennsylvania Dog Law, the property owner/public dog kennel
operator must comply with and demonstrate compliance with 3 P.S. § 459-207(b),
(g), and (h) of the Pennsylvania Dog Law to the Township, in addition
to the provisions herein, and obtain an annual public dog kennel license
from the Township. The annual fee shall be established by resolution
by the Township Board of Supervisors, and the township shall have
60 days to inspect the premises to be licensed prior to the issuance
of the local license.
C.
License application.
(1)
Application. Application for a public dog kennel license shall
be made to the Zoning Officer on a form provided by the Township and
shall be accompanied by the prevailing filing fee as established by
resolution by the Township Board of Supervisors. The Zoning Officer
will make a decision and notify the applicant and landowner in writing
within 60 calendar days of the date the application is received.
(2)
Scope. In cases where the Zoning Officer considers the application
not within the scope of the public dog kennel use, the application
will be denied.
(3)
Time limit. All public dog kennel licenses shall be valid for
the period stated thereon.
(4)
Voiding of license. The Zoning Officer may void any public dog
kennel license for noncompliance with the criteria set forth in this
chapter. Revocation may take place at any time prior to the expiration
date of the license. If the license is revoked or is not renewed,
it becomes null and void, and said use shall be terminated.
(5)
Inspection. Applicants and landowners shall permit a reasonable
inspection of the premises by the Zoning Officer to determine compliance
with this chapter.
(6)
Renewal. A public dog kennel license may be renewed only in
accordance with this section. Requests for renewals shall be submitted
to the Zoning Officer in writing, accompanied by the prevailing renewal
fee, as established by the Township Board of Supervisors by resolution,
at least 60 days prior to expiration of the license.
[Added 12-12-2011 by Ord. No. 179]
A.
Permit required.
(1)
Permit. Any person who operates a firing range without a valid
permit issued by the Township is guilty of a violation of this section.
(2)
Application. An application for a permit to operate a firing
range must be made on a form provided by the Zoning Enforcement Officer
of the Township. The operator/applicant must agree in his or her application
that a responsible attendant shall be in charge of the operation and
management of the firing range at all times. The application must
set forth the names of the management attendants to be in active charge
of the proposed firing range and their hours of duties shall be set
forth. A site plan showing trees, roads, firing positions, target
areas, firing lines and facilities must be submitted with the application.
The operator/applicant shall also submit a firing range safety plan,
a firing range security plan and plans to control noise, litter, lighting,
trespassing and traffic. Any changes after the permit is granted shall
be filed with the Township Zoning Officer within five days from the
date of change.
(3)
Compliance. The operator/applicant must comply with the provisions
of this section and the premises must be inspected and found to be
in compliance with the application, this section and the law by the
Zoning Enforcement Officer before a permit can be issued.
(4)
Issuance of permit. The Township Zoning Enforcement Officer
shall approve the issuance of a permit to the operator/applicant within
30 days after the date the conditional use is approved and all conditions
are met by the operator/applicant.
(5)
Permit fee. The annual fee for a firing range permit will be
established by resolution of the Supervisors of Brighton Township.
(6)
Permit expiration. Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in Subsection A(2) above and Subsection B below [Performance standards]. The application for renewal should be made at least 30 days before the expiration date and when made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
(7)
Permit suspension. The Zoning Enforcement Officer shall suspend
a permit if he determines that the operator has violated or is not
in compliance with any section of this section. During the suspension
of the permit, the firing range shall be closed and shall remain closed.
After being advised by the firing range operator that the violations
have been corrected, the Zoning Enforcement Officer shall have up
to seven days to inspect the premises for compliance with this section.
Upon compliance as determined by the Zoning Enforcement Officer, the
permit shall be reinstated for the operation of the firing range.
(8)
Site plan. A site plan for the firing range which shows the
following applicable information drawn to an appropriate scale, shall
accompany the permit application:
(a)
Property lines for any parcel upon which the firing range is
to be located, north arrow, plan scale, date, and ownership information
for the site.
(b)
Complete layout of each firing range, including, firing positions,
firing lines, target lines, direct fire zones, shortfall zones or
safety fans, backstops, berms, baffles and all other items proposed.
(c)
Projected noise contours and plans to reduce or suppress noise.
(d)
Existing and proposed structures; occupied dwellings within
1,000 feet; roads, streets, or other access areas; buffer areas; and
parking areas for the range facility.
(e)
Plans for refuse service and bathroom and other sanitary facilities.
(9)
Permit display. Permits shall be kept and displayed in a readily
visible location on the firing range complex and at all times be available
for public inspection.
(10)
Permit transferability. A permit issued pursuant to this section
may not be transferred to another operator without the written approval
and consent of Brighton Township.
(11)
Changes or expansions. If any firing range is intended to be
substantially changed or expanded to include types of firing ranges,
operations, or activities not covered by an approved permit or otherwise
to cause nonconformance with this section, a new permit for the firing
range complex shall be secured in accordance with all of the provisions
of this section.
B.
Performance standards. The following performance standards shall
apply to all firing ranges:
(1)
Projectile containment. A firing range shall be designed to
contain all of the bullets, shot, arrows or other projectiles or any
other debris on the firing range through the use of backstops, sideberms
and sidewalls, baffles, target placement, hills, and other accepted
methods or practices.
(2)
Noise mitigation. Noise mitigation shall meet the industrial and development performance standards set forth in § 195-137.13.
[Amended 2-9-2015 by Ord.
No. 191]
(3)
Certification. Every application for a firing range permit shall
be accompanied by a notarized certification by the operator that the
firing range complies with this section, meets firing range safety
and design practices as outlined in the National Rifle Association
Range Source Book: A Guide to Planning and Construction, current edition,
and will be operated in a manner that protects the safety of the general
public.
C.
Development requirements.
(1)
Minimum design requirements. Where not otherwise specified within
this section, a firing range shall meet or exceed the guidelines as
specified by the National Rifle Association's (NRA) Range Source Book:
A Guide to Planning and Construction, current edition and as required
by this section.
(2)
Setbacks. The following setbacks shall apply:
(a)
A firing range shall be situated on a minimum of 20 contiguous
acres.
(b)
The distance from a firing position to a target line shall not
exceed 250 yards in length.
(c)
No part of a firing range shall be within 150 feet of a public
highway. Target positions shall be oriented away from public highways
and access roads or drives.
(d)
No part of a firing range shall be within 450 feet of any property
line. This perimeter buffer strip shall be used for lawn and screening
purposes only, such as ornamental fencing or natural growth. No part
of any required buffer strip shall be used for any other required
area for a firing range, service buildings, drives or water and sewage
facilities which are located above ground. Buffer strips shall be
a planted visual barrier or landscape screen and be of shrubs and
hedges planted at an initial height of not less than two feet. The
low-level screen shall be placed in alternating rows to produce a
more effective barrier.
(e)
A firing range shall not be permitted to accommodate more than
10 firing positions at one time, regardless of the number of targets.
(f)
The surface danger zone shall be contained within the leased
boundary line of the firing range complex on leased land or the property
boundary line for nonleased land.
(3)
Access. A firing range shall have adequate access for automobiles,
and fire-fighting equipment. All access and interior drives shall
be dust free. No structure shall be permitted within 30 feet of the
right-of-way of an access road and interior road or within 20 feet
of common parking.
(4)
Facilities. All water facilities and sewage collection, treatment
and disposal shall be approved and maintained in accordance with the
requirements of the Pennsylvania Department of Environmental Protection.
Bathroom and other sanitary facilities shall be sufficient to adequately
service the proposed firing range.
(5)
No accessory uses, other than provided herein, shall be permitted
at the firing range.
(6)
The entire safety fan shall be enclosed with a six-foot-high
fence to prevent unauthorized entry into the area.
(7)
Warning signs. Warning signs meeting National Rifle Association
(NRA) guidelines for shooting ranges shall be posted at one-hundred-foot
intervals along the entire perimeter of the firing range complex and
along the entire perimeter of the property lines in the same intervals.
(8)
Targets. The use of automobiles, appliances, junk, refuse or
any other type of discarded material or debris as a target is expressly
prohibited.
(9)
Distance from occupied dwelling.
(a)
Where a firing range has not been constructed with baffles,
all firing positions, targets, and firing lines shall be located at
least 1,000 feet from any existing dwelling.
(b)
Where a firing range has been designed and constructed with
the use of baffles so that no direct fire can exit the range from
any firing position, all firing positions, targets, and firing lines
shall be located at least 600 feet from any existing dwelling.
D.
Operational requirements.
(1)
Maintenance. Where not otherwise specified within this section,
a firing range shall be operated and maintained in a manner that shall
meet or exceed the guidelines as specified by the National Rifle Association's
(NRA) Range Source Book: A Guide to Planning and Construction, current
edition.
(2)
Best management practices. The operator of an outdoor firing
range shall provide a plan outlining its best management practices
(BMPs) relating to lead management. The plan shall meet or exceed
the guidelines as specified by the Environmental Protection Agency's
(EPA) Best Management Practices for Lead at Outdoor Shooting Ranges,
current edition.
(3)
Hours of operation. Firing ranges shall be allowed to operate
one hour after sunrise to one hour preceding sunset, unless sufficient
lighting is used, in which case all shooting shall cease by 9:00 p.m.
The hours may be extended after sunset for purposes of subdued-lighting
certification of law enforcement officers.
(4)
Liability insurance. The applicant/operator shall provide 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 firing range or firing range complex. In January of each following
year, the owner or operator of the firing range or firing range complex
shall submit written verification to the Township Manager that there
have been no changes in the operating characteristics of the firing
range or firing range complex as represented at the time of approval
of the use by conditional use. The Township shall be notified immediately
if there are any lapses or policy changes.
(5)
Ammunition and weapons. No ammunition or weapons shall be stored
on site.
(6)
Alcohol prohibited. The consumption of alcoholic beverages is
prohibited within the area approved as the firing range.
(7)
Attendant required. During operation, every firing range shall
have on site a person responsible for the operation of the firing
range. Such attendant shall supervise conduct on and in all common
areas and be responsible for any violation of the provisions of this
section or any other laws, ordinances or rules that govern the operation
of a firing range.
(8)
Abandonment and discontinuance. When an existing firing range
is discontinued without the intent to reinstate the firing range use,
the property owner or operator shall notify the Township of such intent.
In any event, the discontinuance of the firing range or nonuse of
the firing range complex for a period in excess of 90 days shall create
the presumption said facility is abandoned, and any current, valid
permits issued shall terminate.
[Added 10-13-2014 by Ord. No. 189; amended 11-14-2022 by Ord. No. 235]
Other than as an agricultural use or farm use, the keeping of
chickens shall be allowed only as an accessory use incidental to the
permitted principal use in residential districts (R-1, R-2, SC-1,
UD), or upon a lot in any other zoning district with an existing single-family
detached dwelling unit, with the following lot requirements, and provided
the following conditions are met:
A.
Lot minimum and chicken maximum requirements:
|
Acreage
|
Maximum Number of Chickens
|
|---|---|
|
1/2
|
3
|
|
1
|
4
|
|
3
|
6
|
|
5
|
8
|
|
10+
|
12
|
B.
Only one chicken coop is permitted on the property. All chickens
shall be housed in a chicken coop that is either stationary or mobile,
secured, and enclosed in a way that prevents the escape of chickens
and the entry of predators. Floors, walls, and ceiling or roof areas
are required. The minimum size of the coop shall be four square feet
per chicken. The maximum height of the coop shall be eight feet.
C.
A chicken coop shall be maintained only in the back yard of the property;
the chicken coop is prohibited from being located in the front or
side yard of any property.
D.
The chicken coop shall be set back a minimum of 30 feet from any
lot line, and a minimum of 100 feet from any dwelling other than the
property owner's dwelling.
E.
An outside run is permitted when attached to the chicken coop, and only in the rear yard. Chickens shall not be permitted to run at large. If an outside run is provided, it shall be no bigger than 20 square feet per chicken and shall be enclosed in such a way that contains the chickens as provided above in Subsection B. The outside run setbacks shall be the same as the coop as provided in Subsection D above. Any chicken not contained within an approved coop or run shall be deemed "at large."
F.
Chickens shall be kept for personal use only. The selling of chickens,
or chicken manure, or the breeding of chickens for commercial purposes
is prohibited.
G.
The keeping of roosters, and ducks and other fowl, is prohibited.
H.
Sanitary requirements for housing chickens.
(1)
Any owner or owners of chickens are required to house such chickens
at all times under sanitary conditions so that the keeping of chickens
shall not become either a public or private nuisance.
(2)
All chicken feces accumulated on private property shall be removed
by using the approved sanitary method of double-bagging and placing
in the trash for collection.
(3)
Chicken feces on private property shall not be allowed to accumulate
to the degree that it becomes a public health nuisance or hazard.
In cases where chicken feces do accumulate on private property, the
Code Enforcement Officer may conduct an investigation, after which
the accumulation may be declared a public health hazard or nuisance
and the owners shall be ordered to remove and dispose of the accumulated
feces in an approved manner. The order to remove such accumulated
feces shall be given personally to the owner and shall be sent by
certified mail, and the owner shall be given a period of 48 hours
from the date and time of receipt of the order to clean the property
and remove the accumulated feces.
(4)
Composting. It shall be unlawful for any person to spread or
cause to spread or deposit upon any ground or premises any chicken
manure.
I.
Coops shall be regularly cleaned and maintained, and kept in good
appearance.
J.
Proper storage of feed. All feed, water and other items associated
with the keeping of chickens shall be protected and secured in a way
that prevents infestation by rats, mice, or other rodents or vectors.
K.
Permits required.
(1)
Permit application. Application for chickens and chicken coop
permit shall be made to the Zoning Officer on a form provided by the
Township and shall be accompanied by the prevailing filing fee as
established by resolution by the Township Board of Supervisors. The
Zoning Officer will make a decision and notify the applicant in writing
within 15 calendar days of the date the application is received.
(2)
Scope. In cases where the Zoning Officer considers the application
not within the scope of this chapter, the application will be denied.
(3)
Time limit. The chicken permit shall be valid for a period of
one year from initial date of approval.
(4)
Voiding of permit. The Zoning Officer may void any permit for
noncompliance with the requirements set forth in this chapter. Revocation
may take place at any time prior to the expiration date of the permit.
If the permit is revoked or is not renewed, it becomes null and void,
and the use shall be terminated.
(5)
Inspection. Applicants shall permit a reasonable inspection
of the premises by the Zoning Officer to determine compliance with
this chapter.
(6)
Renewal. Chickens and chicken coop permits may be renewed annually,
provided there has not been any violation of the provisions of this
chapter. Requests for renewals shall be submitted to the Zoning Officer
in writing, accompanied by the prevailing renewal fee, as established
by resolution by the Township Board of Supervisors, one month prior
to expiration of the permit.
[Added 2-9-2015 by Ord.
No. 191]
A.
Purpose: to provide for the health and safety of the residents of
Brighton Township, to preserve the character of residential neighborhoods,
and to encourage beneficial and compatible land uses with regard to
oil and gas operations.
B.
Industrial and development performance standards. Oil and gas operations shall comply with the industrial and development standards set forth in § 195-137.13.
C.
Permit requirement.
(1)
No oil or gas operation, natural gas compressor station, natural
gas processing plant, nor an addition to an existing oil or gas operation,
natural gas compressor station or natural gas processing plant shall
be constructed or located Brighton Township unless a permit has been
issued by the Township to the operator approving the construction
or preparation of the site for oil or gas operation, or for construction
of natural gas compressor stations or natural gas processing plants.
(2)
The permit application, and any amended permit application,
shall be accompanied by a fee as established by resolution of the
Board of Supervisors of Brighton Township.
(3)
Any modification to an existing and permitted oil or gas operation
that materially alters the size, location, number of wells or accessory
equipment or structures, or any modification to an existing natural
gas compressor station or natural gas processing plant, shall require
a modification of the permit under this section. Like-kind replacements
shall not require a permit modification.
D.
Application requirements for oil and gas operations.
(1)
The operator of an oil and gas operation shall submit to the
Zoning Officer the following at least 10 days prior to the commencement
of drilling:
(a)
A complete copy of the application for permit filed with the
PADEP.
(b)
All accompanying materials provided to the Department of Environmental
Protection of the commonwealth.
(c)
A copy of the drilling permit issued by the Department of Environmental
Protection.
(d)
Contact information for the operator, 24 hours a day, 365 days
a year.
(e)
A description of plans for the transportation of materials and equipment, and proposed routes, to construct, operate, dismantle, or remove the facility, and measures that will be taken to maintain all Township roads that are used to transport materials and equipment. See also § 195-137.13D.
(f)
A schedule indicating the following dates, when known, or at
least 30 days prior:
[1]
Anticipated site preparation start and completion.
[2]
Anticipated drilling activity start and completion.
[3]
Anticipated completion/perforating work start and
completion.
[4]
Anticipated stimulation/fracturing work start and
completion.
[5]
Anticipated production work to begin and end.
[6]
Anticipated plugging date.
E.
Emergency, preparedness, prevention and contingency plan.
(1)
Prior to the development of an oil and gas operation, the operator
shall provide to the Township's first responders, including the Police
Department, Fire Department, and Zoning Officer, a copy of its (emergency)
preparedness, prevention and contingency plan. The operator shall
make available an appropriate site orientation for first responders.
Such site orientation shall be made available at least annually during
the period when the operator anticipates construction, drilling, development,
production and related activities in the Township. The preparedness,
prevention and contingency plan shall be updated at least annually,
or upon changes occurring, and shall also include the following provisions:
F.
Access drives. An access drive shall be provided along and from the
street to the well site area in compliance with the following:
(1)
The access drive shall be installed prior to the arrival of
any equipment to the site and shall be maintained in good condition.
(2)
The access drive shall be of such design and material so as to keep vehicular traffic exiting the site from carrying mud or dirt onto a public road. No operator shall allow mud or dirt to be carried onto the public road from the site. All access drives must also comply with the dust-control measures provided in § 195-137.13C.
(3)
The operator shall cause the access drive to a site to be reasonably
clear of snow, ice, mud, garbage, trash, abandoned vehicles and debris
as long as the site is active, or in a state of development or production,
to enable emergency access.
(4)
An off-street area for construction, maintenance and site vehicles
to stand while gaining entrance to the access road shall be provided
that does not disrupt the normal flow of traffic on the public street.
(5)
Driveways and access roads connecting directly to state roads
shall require Pennsylvania Department of Transportation (PennDOT)
highway occupancy permit approval. Prior to initiating any work at
a drill site, the operator shall provide the Township a copy of its
highway occupancy permit.
G.
Setback requirements for oil and gas operations other than unconventional
wells.
(1)
No well shall be drilled within 200 feet of a building, measured
horizontally from the vertical well bore.
(2)
No well shall be drilled within 200 feet of an existing private
water well, measured horizontally from the vertical well bore.
(3)
No well site may be prepared nor well drilled within 100 feet
from the vertical well bore or 100 feet from the edge of the well
site, whichever is greater, measured horizontally from any streams,
springs, wetlands, and other bodies of water.
(4)
The required setbacks may be waived by the owner of the building
or water well.
H.
Setbacks for unconventional gas wells.
(1)
No unconventional well shall be drilled within 1,000 feet from
a property line in the R-1 District; 750 feet from the property line
in the UD District; and 500 feet of a property line in all other districts.
The distance shall be measured horizontally from the vertical well
bore.
(2)
No unconventional well shall be drilled within 500 feet of an
existing private water well, measured horizontally from the vertical
well bore.
(3)
No unconventional well shall be drilled within 1,000 feet, measured
horizontally from the vertical well bore, of an existing public water
supply well, surface water intake, reservoir, or other water supply
extraction point used by a water purveyor.
(4)
No unconventional well site may be prepared nor well drilled
within 300 feet from the vertical well bore or 100 feet from the edge
of the well site, whichever is greater, measured horizontally from
any streams, springs, wetlands, and other bodies of water.
(5)
The required setbacks may be waived in writing by the owner
of the building or water well.
I.
Public information meetings. The operator is encouraged, but not
required, to hold a public information meeting wherein it will describe
the planned development activities and allow questions from Township
residents. The operator shall advertise the meeting(s) in a newspaper
of general circulation within the Township. If drilling or development
activities continue for more than one year, the operator may consider
annual meetings to update the residents as long as drilling or development
is continuing or planned.
J.
For the purposes of this § 195-137.12, the word "building" is defined as an occupied structure with walls and a roof within which individuals live or customarily work.
K.
Natural gas compressor stations. Where natural gas compressor stations
are authorized as a permitted use or a conditional use, the natural
gas compressor station building must meet the following standards:
(1)
The natural gas compressor station is located 750 feet or more
from the nearest existing building or 200 feet from the nearest lot
line, whichever is greater, unless waived by the owner of the building
or adjoining lot; and
(2)
The noise level does not exceed a noise standard of 60 dBA at
the nearest property line or the applicable standard imposed by federal
law, whichever is less.
L.
Natural gas processing plants. Natural gas processing plants must
meet the following requirements:
(1)
The natural gas processing plant building is located at the
greater of at least 750 feet from the nearest existing building or
at least 200 feet from the nearest lot line, unless waived by the
owner of the building or adjoining lot; and
(2)
The noise level of the natural gas processing plant building
does not exceed a noise standard of 60 dBA at the nearest property
line or the applicable standard imposed by federal law, whichever
is less.
M.
Impoundment areas. The edge of any water or other fluid storage or
impoundment areas used exclusively for oil and gas operations shall
not be located closer than 300 feet from any existing building.
N.
Geophysical and seismic testing.
(1)
Prior to any geophysical or seismic testing being conducted
on Township property, the operator shall provide the following information
to the Township:
(2)
Geophysical and seismic testing shall be prohibited between
the hours of 8:00 p.m. and 7:00 a.m. Mondays through Saturdays and
all day Sundays and holidays.
[Added 2-9-2015 by Ord.
No. 191; amended 9-13-2021 by Ord. No. 230]
A.
Lighting requirements. The applicant/owner shall cause all temporary
and permanent site lighting to be located to prevent direct glare
from such lighting on adjacent public roads and residential property,
to have a maximum footcandle at all property lines of 0.5 and to direct
light downward and inward. Where adjoining properties are at a lower
elevation, shields or other methods shall be used to prevent glare
and to block a direct line of vision to the interior of the light
fixture.
B.
Noise. The regulations in this section are intended and shall be
interpreted and applied to establish a process for reasonable noise
control that provides for response to individual complaints, and requires
that undue noise be addressed, where feasible, without the Township
dictating the particular operational steps that must be taken. The
applicant/owner shall take the following steps to minimize, to the
extent practicable, the noise resulting from the development.
(1)
The Township recognizes and acknowledges that certain ongoing
operations are accompanied by inherent noise. These operations may
be industrial in nature, involve manufacturing and/or processing operations,
require mechanical equipment, have amplified sounds, music or singing,
or involve uses known or expected to create an elevated level of noise
and/or a continuous or persistent noise that did not exist prior to
development.
(2)
The following uses shall be subject to § 195-137.13B(2)(a): sanitary landfills, automotive recycling, mineral extraction, commercial WECS, oil and gas wells, natural gas processing plant, natural gas compressor station, public dog kennels, firing range or firing range complex, outdoor private (commercial) recreation, car wash, principal solar energy systems, distribution and warehousing, heavy industrial, light industrial, or any use proposing outdoor music, concerts, or other live or recorded entertainment. This list is not exclusive, and other uses proposed as part of a site development shall be subject to § 195-137.13B(2)(a) when determined by the Zoning Officer. All other uses will be subject to the provisions herein, except the seventy-two-hour ambient noise level evaluation provided in § 195-137.13B(2)(a) below, and such uses will have a default ambient noise level of 60 dBA.
(a)
Prior to site development, the applicant/owner shall establish
a continuous seventy-two-hour ambient noise level at the nearest protected
structure property line or 100 feet from the nearest protected structure
(as measured to the closest exterior point of the building), whichever
is closer to the protected structure. The sound level meter used in
conducting any evaluation shall meet the American National Standard
Institutes standard for sound meters or an instrument and the associated
recording and analyzing equipment which will provide equivalent data.
Upon completion of the evaluation, the applicant/owner shall provide
a report and documentation of the seventy-two-hour evaluation to the
Township's Zoning Officer. Upon receipt by the Zoning Officer of all
required testing data and reports required herein, the Township shall
inform the applicant/owner of which level (average ambient noise level
or default level) is being used in the application of the regulations
pursuant to § 195- 137.13B.
(3)
Noise levels. The noise levels generated during ongoing activities
when measured at the nearest protected structure property line or
100 feet from the nearest protected structure (as measured to the
closest exterior point of the building), whichever is closer to the
protected structure, shall not exceed the ambient noise level (as
determined by the seventy-two-hour evaluation) or 60 dBA, whichever
is lower. Where the ambient noise level is below 40 dBA, a default
level of 40 dBA will apply. During ongoing activities, the noise level
shall not exceed five decibels above the applicable level during the
hours of 7:00 a.m. to 8:00 p.m.
(4)
Adjustments to the foregoing noise limits may be permitted in
accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
|
|---|---|
|
5
|
10
|
|
10
|
5
|
|
15
|
1
|
|
20
|
1
|
|
NOTES:
| |
|
*
|
Cumulative minutes during any one hour.
|
(5)
If a complaint is received by the Township from any person using
a protected structure, whether a resident or otherwise, regarding
noise during ongoing activities, the applicant/owner shall, within
24 hours of receipt of the complaint from the Township, continuously
monitor for a forty-eight-hour period at a point which is the closer
of:
(6)
Once the monitoring is complete, the applicant/owner will provide
monitoring data to the Township and will meet with Township representatives
and affected property owners to discuss whether possible noise abatement
measures are warranted, if the potential levels set forth herein were
exceeded. If permitted levels are exceeded, the applicant/owner shall
utilize the services of a person with expertise in noise measurement
and noise remediation to study, with the involvement and input of
the Township Engineer, any possible remedial measures, including,
but not limited to, construction of sound walls and placement of acoustic
blanketing for sound insulation. The results of the study shall be
provided in a written report to the Township as to whether any such
remedial measures are effective and feasible based on all the relevant
circumstances, including the noise level, the extent that the permitted
noise level is exceeded, the number of protected structures adversely
affected and their location, the nature and type of processing, manufacturing
or equipment being utilized, and whether the use of any such remedial
measures would create a safety hazard or be contrary to state or federal
regulation.
(a)
If the written report concludes that any effective and feasible
remedial measures are available, then such measure or measures shall
be implemented as recommended by the report to bring noise within
permitted levels.
(7)
To reduce noise, any internal combustion engine or compressor
for use on any production equipment shall be equipped with an exhaust
muffler or an exhaust box. The exhaust muffler or exhaust box shall
be constructed of noncombustible materials designed and installed
to suppress noise and disruptive vibrations. Moreover, all such equipment
with an exhaust muffler or exhaust box shall be maintained in good
operating condition according to manufacturer's specifications.
(8)
Where electricity is reasonably available to the site, an electric-powered
pump motor is preferred. Where electricity is not utilized, petroleum-powered
pump motors shall have an adequate muffler system so that the noise
level of the engines during the actual processing, manufacturing or
other operation does not exceed the permitted decibels at the property
line.
C.
Dust control.
(1)
The emission of dust, smoke, refuse matter, odor, gas, fumes
or similar substances or conditions which can endanger the health,
safety or general welfare or which can cause any soiling or staining
of persons or property at any point beyond the property line of the
use creating the emission is prohibited. Dust control measures shall
be used to stabilize soil from wind erosion and to reduce dust generated
from drilling or site activities, including:
(a)
Stabilize exposed soils using vegetation, mulching, spray-on
adhesives, calcium chloride, sprinkling, and stone and gravel layering.
(b)
Stabilize unpaved haul roads, parking and staging areas within
the site.
(c)
Minimize the impact of dust by anticipating the direction of
prevailing winds.
(d)
Direct construction and commercial vehicle traffic to stabilized
roadways within the site.
(e)
Pave, vegetate, or chemically stabilize access points where
unpaved traffic surfaces adjoin paved public streets.
(f)
Provide covers for haul trucks transporting materials that contribute
to dust.
(g)
Provide for wet suppression or chemical stabilization of exposed
soils.
(h)
Provide for rapid cleanup of sediments deposited on paved roads.
(i)
Furnish vehicle wash-down areas.
(j)
Reduce speed to 15 miles per hour or less and reduce trips on
unpaved roads on site.
(k)
Implement dust control measures for material stockpiles.
(l)
Stabilize abandoned construction/staging areas on site using
vegetation or chemical stabilization methods.
(m)
Minimize extent of site areas which are disturbed.
(2)
A dust control plan shall be submitted with the site plan, demonstrating
compliance with this subsection.
D.
Over-posted-weight local traffic and excess maintenance agreement.
(1)
The applicant/owner shall show the proposed Township routes
of all vehicles to be utilized for hauling and the estimated weights
of those vehicles. The applicant/owner shall show evidence of compliance
with designated weight limits on Township streets, unless bond and
an excess maintenance agreement has been entered into to assure road
damage repair. The applicant/owner shall design the hauling routes
for the oil and gas operation, mineral extraction operation, and other
industrial uses to minimize the use of and impact upon Township roads
wherever feasible.
(2)
The applicant/owner shall show evidence satisfactory to the
Township Engineer that the intersections along the proposed hauling
routes provide a sufficient turning radius for vehicles to be utilized
for hauling, such that all turns can be safely made without damage
to vehicles, sidewalks or curbs.
(3)
The Township Engineer shall review the proposed routes provided
by the applicant/owner and reasonably determine whether preventive
measures, such as shoring of bridges or putting protective mats over
utility lines, should be taken to prevent damage to Township roads,
bridges or utilities. If such preventive measures are recommended,
the applicant/owner shall install such protective measures as directed
by the Township Engineer prior to beginning operations.
E.
Bunk housing. Bunk housing of nonsupervisory site workers is not
permitted. The Township acknowledges that certain supervisory personnel
(not exceeding six individuals at any one time) are required for reasons
of safety to be present on a continuous basis during certain ongoing
operations, and resting accommodations for such supervisory personnel
are not prohibited. Prior to utilizing supervisory personnel accommodations,
the applicant or applicant/owner shall complete a registration form
provided by the Township, which shall include, but not be limited
to, a list of the job titles which constitute supervisory personnel,
and the names and contact information of each supervisor to be on
site.
F.
Signs.
(1)
Every industrial development operation shall have a sign posted
at the site to list the following:
(a)
Name, address and telephone number of the applicant/owner.
(b)
Any Pennsylvania DEP number and permit number or other similar
type of identifying data.
(c)
"Danger" or "Warning" in conspicuous print.
(d)
"Dial 911 to reach the Brighton Township Police Department or
Fire Department in case of emergency."
(e)
Emergency telephone numbers for the driller, applicant and owner.
(2)
The applicant/owner shall keep the information provided on the
sign current.
G.
Fencing of detention facilities and impoundments. As a matter of
public safety, detention facilities and impoundments shall be fully
enclosed with a minimum four-foot-high fence with an access gate of
sufficient width to permit entry of maintenance vehicles.
H.
Site development hours of operation. Site development which requires
the operation of heavy construction or excavation machinery, including,
but not limited to, bulldozers, high lifts, backhoes, trucks, power
shovels, pump and jackhammers, and the operation of equipment or any
other type of machinery used outside a structure, in conjunction with
work requiring a building permit, excluding oil and gas operations,
but including general site development for such operations, which
causes a noise sufficient to disturb the peace and general tranquility
of the general public or any portion thereof, shall be prohibited
in the entire Township between the hours of 8:00 p.m. and 7:00 a.m.,
Monday through Saturday, and all day Sunday and on holidays.
I.
Environmental impact. The applicant/owner must provide an environmental
impact study for the proposed development.
J.
Health impact. The applicant/owner must provide a health impact study
for the proposed development.
[Added 4-11-2016 by Ord.
No. 203]
A.
The owner shall be a full-time resident of the dwelling.
B.
The maximum number of sleeping rooms offered for use shall be two.
C.
The minimum night stay shall be two weeks.
D.
No boarding rooms shall be in the basement.
E.
There shall be no separate access for the boarding rooms; boarders
shall use same access as owner.
F.
Meals may be provided by the owner and may be shared family style.
There shall be a central kitchen and shared dining. No separate kitchen
facilities shall be located in sleeping rooms. Meals shall not be
served to customers who are not boarders.
G.
Owners must register rental properties and tenants or guest boarding for more than 30 consecutive overnight stays in any thirty-day period. See § 152-3.
H.
Signs advertising the boardinghouse are prohibited.
I.
One off-street parking space shall be provided on the lot for each
sleeping room, in addition to two required spaces. The parking area
shall be screened from adjoining residential properties by a minimum
six-foot-high compact hedge or fence.
J.
Public sanitary sewer and public water service shall be provided.
K.
A minimum of one acre is required.
[Added 4-11-2016 by Ord.
No. 203]
A nightclub may be authorized by the Board of Supervisors as
a conditional use upon a finding of compliance with the following
specific criteria:
A.
Location.
(1)
There shall be only one nightclub permitted on a single lot
or parcel.
(2)
A nightclub shall not be located within 100 feet from any land
or lot in residential districts or from any parcel of land or lot
used principally as a residential use.
(3)
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 parks, schools, churches, or libraries. A minimum
setback of 300 feet from the property lines of parks, schools, churches,
and libraries is required.
B.
Measuring separation requirements.
(1)
The separation requirements hereof shall be measured from the
lot line of the lot used by the nightclub to the lot line of any residential
district.
(2)
Where a nightclub is located within a multitenant facility,
such as a shopping center, measurement shall occur from the boundary
of the leasehold interest, instead of the property line.
(3)
The separation requirements hereof shall be measured in a straight
line, without regard to intervening structures, from the closest point
on each parcel.
C.
Hours of operation. A nightclub may be open for business no longer
than on Mondays through Thursdays from 10:00 a.m. to 12:00 midnight;
on Fridays and Saturdays from 10:00 a.m. to 2:00 a.m. (the following
day); and on Sundays from 10:00 a.m. to 10:00 p.m. Such hours of operation
may be further limited or restricted (as an additional condition)
upon a finding that such is reasonable and necessary due to the proximity
of the nightclub to adjacent uses.
D.
A proposed nightclub must demonstrate specific compliance with the regulations concerning fire protection; lighting; noise limitations; odors; off-street parking; and off-street loading, and the industrial and development standards as set forth in § 195-137.13.
E.
All outdoor sound speakers are prohibited. Nightclubs shall not generate
noise in excess of the limits otherwise permitted by this chapter.
No windows or doors shall be opened during operation to limit noise
to neighboring areas.
F.
Outdoor tents or activities are prohibited.
G.
The owner/operator of the nightclub shall be responsible for the
conduct and safety of the patrons. The owner/operator is required
to have appropriate security to maintain peace and safety of the patrons.
[Added 4-11-2016 by Ord.
No. 203]
A bar/tavern may be authorized by the Board of Supervisors as
a conditional use upon a finding of compliance with the following
specific criteria:
A.
Location.
(1)
There shall be only one bar/tavern permitted on a single lot
or parcel.
(2)
A bar/tavern shall not be located within 200 feet from any land
or lot in residential districts or from any parcel of land or lot
used principally as a residential use.
(3)
A bar/tavern shall not create an enticement for minors because
of its proximity to nearby uses where minors may congregate, including
but not limited to parks, schools, churches, or libraries. A minimum
setback of 300 feet from the property lines of parks, schools, churches,
and libraries is required.
B.
Measuring separation requirements.
(1)
The separation requirements hereof shall be measured from the
lot line of the lot used by the bar/tavern to the lot line of any
residential district.
(2)
Where a bar/tavern is located within a multitenant facility,
such as a shopping center, measurement shall occur from the boundary
of the leasehold interest, instead of the property line.
(3)
The separation requirements hereof shall be measured in a straight
line, without regard to intervening structures, from the closest point
on each parcel.
C.
Hours of operation. A bar/tavern 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 bar/tavern to adjacent uses.
D.
A proposed bar/tavern must demonstrate specific compliance with the regulations concerning fire protection; lighting; noise limitations; odors; off-street parking; and off-street loading, and the industrial and development standards as set forth in § 195-137.13.
E.
All outdoor sound speakers are prohibited. Bar/taverns shall not
generate noise in excess of the limits otherwise permitted by this
chapter. No windows or doors shall be opened during operation to limit
noise to neighboring areas.
F.
Outdoor tents or activities are prohibited.
G.
The owner/operator of the bar/tavern shall be responsible for the
conduct and safety of the patrons. The owner/operator is required
to have appropriate security to maintain peace and safety of the patrons.
[Added 3-12-2018 by Ord.
No. 210]
A.
The housing is intended and operated for persons 55 years of age
and older.
B.
At least 80% of the occupied units are occupied by at least one person
who is 55 years of age or older.
D.
The facility or community must comply with HUD's regulatory requirements
for age verification of residents.
E.
The development is a minimum of three acres.
F.
The development shall include only garden apartments, single-family
semidetached dwellings (duplex triplex, or quadraplex), or townhouse
dwellings (no single-family detached dwellings), with the following
minimum building separation distances.
(1)
End walls face each other but contain no windows: 20 feet.
(2)
End walls face each other and contain windows: 35 feet.
(3)
End wall of one building faces principal façade (front
or rear) of neighboring building: 45 feet.
(4)
Principal facades (front or rear) of neighboring buildings face
each other: 60 feet.
(5)
Connected groups of abutting buildings shall not exceed in total
length 300 feet.
(6)
Distances shall be measured from the shortest dimension between
any parts, including projecting balconies, of adjacent buildings.
G.
The owner/developer/applicant shall demonstrate compliance with the
exemption of 24 CFR 100, Subpart E, of Title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of 1988
and the Housing for Older Persons Act of 1995, and amendments.[2]
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[Added 8-9-2021 by Ord. No. 228]
The following regulations apply to all solar energy systems.
A.
The following regulations shall apply to all solar energy systems,
whether accessory or principal:
(1)
All solar energy systems should be designed and located to ensure
solar access without reliance on and/or interference from adjacent
properties.
(2)
All solar energy systems shall be situated to eliminate concentrated
glint or glare onto nearby structures or roadways. Mitigation may
require choosing a panel with a rougher surface, reorientation of
the panels, shielding of the panels so they cannot be seen and/or
changing the panel layout to reduce visibility.
(3)
All solar energy systems on lots of less than one acre shall
be roof mounted and located on a principal or accessory building and
shall be subject to the maximum height regulations specified for buildings
within each of the applicable zoning districts.
(4)
Solar panels shall not extend beyond any portion of the roof
edge.
(5)
The solar energy systems' layout, design, installation, and
ongoing maintenance shall conform to applicable industry standards
and shall comply with all regulations of the Pennsylvania Department
of Labor and Industry and the PA Uniform Construction Code (UCC) Act
45 of 1999, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(6)
The solar energy system must be properly maintained and be kept
free from all hazards, including, but not limited to, faulty wiring,
loose fastenings, being in an unsafe condition or detrimental to public
health, safety or general welfare.
(7)
Upon completion of installation, the solar energy system must be maintained in good working order in accordance with code standards under which the system was constructed. Failure to maintain the system in good working order is grounds for enforcement action under the Code of the Township of Brighton, including, but not limited to, Chapter 85, Uniform Construction Codes, Chapter 148, Property Maintenance, Chapter 180, Subdivision and Land Development, and Chapter 195, Zoning.
(8)
All on-site utility, transmission lines, and plumbing shall
be placed underground to the extent possible.
(9)
Facilities shall not be artificially lighted.
(10)
Facilities shall not display advertising, except for reasonable
identification of the facility manufacturer.
B.
Residential accessory solar energy systems (ASES). Accessory solar
energy systems (ASES) for residential purposes must comply with the
following requirements:
(1)
The ASES shall comply with the requirements of § 195-137.18A.
(2)
The ASES shall be designed to use the energy created primarily
for on-site use.
(a)
"Primarily for on-site use" shall mean that the ASES has been
designed to only provide energy to meet the historical need or use
of the existing residential structure and accessory uses. If the ASES
has been designed for, or is expected to exceed, the historical use
of the existing structure and accessory uses by more than 20%, it
shall be considered a PSES.
(b)
If the applicant intends the ASES to also capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use, the installation shall be considered a principal solar energy system (PSES) (often referred to as "solar farm" or "commercial solar") and subject to the requirements of § 195-137.18D.
(3)
The ASES shall be removed by the property owner at the end of
its useful life or if it is no longer functioning. The ASES will be
presumed to be at the end of its useful life if no electricity is
generated for a continuous period of 12 months.
(4)
Ground-mounted ASES, where permitted on lots of one acre or
greater in size, must comply with the following requirements:
(a)
The ASES must be located in the side yard or rear yard of the
lot.
(b)
Setbacks. The minimum setbacks from side and rear property lines
shall be a minimum of 40 feet.
(c)
Freestanding ground-mounted ASES shall not exceed 12 feet in
height above the ground elevation surrounding the systems.
(d)
The total surface area of the solar arrays on the property shall
not exceed more than 5% of the lot area.
C.
Nonresidential accessory solar energy systems (ASES). Accessory solar
energy systems (ASES) for nonresidential purposes must comply with
the following requirements:
(1)
The ASES shall comply with the requirements of § 195-137.18A.
(2)
ASES shall be designed to use the energy created primarily for
on-site use.
(a)
"Primarily for on-site use" shall mean that the ASES has been
designed to only provide energy to meet the historical need or use
of the existing nonresidential structure and accessory uses. If the
ASES has been designed for, or is expected to exceed, the historical
use of the existing structure and accessory uses by more than 20%,
it shall be considered a PSES.
(b)
If the applicant intends the ASES to also capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use, the installation shall be considered a principal solar energy system (PSES) (often referred to as "solar farm" or "commercial solar") and subject to the requirements of § 195-137.18D.
(3)
The ASES shall be removed by the property owner at the end of
its useful life or if it is no longer functioning. The ASES will be
presumed to be at the end of its useful life if no electricity is
generated for a continuous period of 12 months.
(4)
The applicant or owner shall provide evidence certified by an
appropriately licensed professional that the roof is capable of holding
the load of the ASES.
(5)
Ground-mounted ASES, where permitted on lots of one acre or
greater in size, must comply with the following requirements:
(a)
ASES must be located in the side yard or rear yard of the lot.
(b)
Setbacks. The minimum setbacks from side and rear property lines
shall be no less than 40 feet or equivalent to the building setbacks
for the principal use in the applicable zoning district, whichever
is greater.
(c)
Freestanding ground-mounted ASES shall not exceed 12 feet in
height above the ground elevation surrounding the systems.
(d)
Where the ASES is adjacent to a residential use or zoning district,
the ASES installation shall be screened by privacy fencing not less
than six feet in height or a planted buffer area having a minimum
width of 10 feet with a maintained planting area consisting of both
evergreen and deciduous trees and/or other plantings that obtain a
minimum height of eight feet.
D.
Principal solar energy systems (PSES). Principal solar energy systems
(PSES) shall comply with the following requirements:
(1)
The application shall identify a facility owner and/or operator
for the project who shall be the principal contact for the Township.
(2)
The PSES shall comply with the requirements of § 195-137.18A.
(3)
The PSES shall comply with the industrial and development performance
standards set forth in § 195.137.13.
(4)
A land development plan and application shall be filed in accordance with Brighton Township Code, Chapter 180, with site plan information as required. In addition to the information required by the Land Development Code, the following shall be submitted:
(a)
A project narrative that includes specific information on the
following: an overview of the project, project location, the approximate
generating capacity, the number, representative types and heights
of facilities to be constructed, including their generating capacity,
dimensions, and respective manufacturers, and a description of any
ancillary facilities to the PSES. The submission shall include photographs
or detailed drawings of the facilities being installed. Applicants
shall acknowledge as part of the narrative that approval of the application
by Brighton Township does not create in the property owner, the successors
and assigns in title or create in the property itself:
(b)
Where solar easements are provided as part of the PSES, they
shall be identified upon the land development plan(s) and sufficient
documentation to describe and define their location(s), conditions
and restrictions.
(c)
An affidavit or similar evidence of agreement between the property
owner and the solar energy facility owner or operator demonstrating
permission to apply for necessary permits for construction and operation
of a solar energy facility.
(d)
Demonstrate compliance with Brighton Township Code, Chapter 104, Grading and Excavation, and Chapter 173, Stormwater Management. The following components of a PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the underlying zoning district:
(e)
The PSES layout, design and installation shall conform to applicable
industry regulations, and with all other applicable fire and life
safety requirements.
(f)
The owner and/or operator of a PSES shall provide the Township
written confirmation that the public utility company to which the
PSES will be connected has been informed of the customer's intent
to install a grid-connected system.
(g)
The PSES owner and/or operator shall maintain a phone number
throughout the life of the project for the Township to contact with
inquiries and verified complaints. The PSES owner and/or operator
shall make reasonable efforts to respond to the inquiries and complaints.
A contact name, with knowledge of the system, must be provided to
the Township with updates due to employee advancement or turnover.
(h)
Other information as may be reasonably requested by the Zoning
Officer, Township Engineer, Building Inspector, Planning Commission
or Board of Supervisors.
(5)
Roof-mounted PSES.
(a)
The owner and/or operator shall provide evidence certified by
an appropriately licensed professional that the roof is capable of
holding the load of the PSES.
(6)
Ground-mounted PSES.
(a)
The minimum lot size shall be five acres.
(b)
Height. Ground-mounted PSES installations shall not exceed 20
feet in height.
(d)
(e)
All ground-mounted PSES shall be completely enclosed by fencing
with locking gate and a minimum six-foot-high fence with barbed wire
or a seven-foot-high fence.
(f)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the PSES informing individuals of potential voltage hazards.
(g)
Access drives to solar inverter stations are required to allow
for maintenance and emergency management vehicles. A minimum cartway
width is 12 feet.
(h)
The owner and/or operator shall provide a copy of the project
summary, site plan and emergency response plan to local emergency
services, including the volunteer fire department.
(i)
A glint and glare study that demonstrates that the panels will
be sited, designed, and installed to eliminate glint and glare effects
on roadway users, aviation, nearby residences, commercial areas, and
other sensitive viewing locations, or that the owner and/or operator
will use all reasonably available mitigation techniques to reduce
glint and glare to the lowest achievable levels. The study will assess
and quantify potential glint and glare effects and address the potential
health, safety, and visual impacts associated with glint and glare.
Any such assessment must be conducted by qualified individuals using
appropriate and commonly accepted software and procedures.
(j)
If a ground-mounted PSES is removed, any earth disturbance as
a result of the removal of the ground-mounted solar energy system
must be returned to an environmentally stable condition.
(7)
Decommissioning.
(a)
The PSES owner and/or operator is required to notify the Township
immediately upon cessation or abandonment of the operation. The facility
owner and operator shall, at its expense, complete decommissioning
of the PSES within 12 months after the end of the useful life of the
facility or individual PSES. The facility or individual PSES will
be presumed to be at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
(b)
Decommissioning shall include removal of PSES, buildings, cabling,
electrical components, roads, foundations to a depth of 36 inches,
and any other associated facilities.
(c)
Disturbed earth shall be graded and re-seeded, unless the landowner
requests, in writing, that the access roads or other land surface
areas not be restored.
(d)
An independent Pennsylvania registered professional engineer
shall be retained by the facility owner and/or operator to estimate
the total cost of decommissioning ("decommissioning costs") without
regard to salvage value of the equipment, and the cost of decommissioning
net salvage value of the equipment ("net decommissioning costs").
These estimates shall be submitted to the Township after the first
year of operation and every fifth year thereafter.
(e)
The facility owner and/or operator shall post and maintain decommissioning
funds in an amount equal to net decommissioning costs, provided that
at no point shall decommissioning funds be less than 110% of decommissioning
costs. The decommissioning funds shall be posted and maintained with
a bonding company or federal or commonwealth chartered lending institution
chosen by the facility owner and/or operator and participating landowner
posting the financial security, provided that the bonding company
or lending institution is authorized to conduct such business within
the Commonwealth and is approved by the Township.
(f)
Decommissioning funds may be in the form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable to the Township.
(g)
If the facility owner and/or operator fails to complete decommissioning within the period prescribed by Subsection D(7)(a), then the landowner, if different, shall have six months to complete decommissioning.
(h)
If neither the facility owner and/or operator, nor the landowner, complete decommissioning within the periods prescribed by Subsection D(7)(a) and (g), then the Township may declare the facility owner and/or operator in default and proceed to collect the financial security. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
(i)
The financial security may be released when the facility owner
and/or operator has demonstrated and the Township concurs that decommissioning
has been satisfactorily completed, or upon written approval of the
Township in order to implement the decommissioning plan.
[Added 8-9-2021 by Ord. No. 229]
A.
Accessory use incidental to existing agriculture use. The use(s)
shall, individually and in the aggregate, be purely accessory and
incidental to an agriculture use and shall not become the primary
use of the parcel(s). An operator of an agricultural use which can
be identified as existing prior to the date of enactment of this section
may engage in agritourism activities subject to the requirements set
forth herein.
B.
Operator. The agritourism use(s) shall be operated by the owner of
the property or a member of his/her immediate family (spouse, sibling,
child, grandchild, parent, grandparent), or by an operator of the
agricultural use, or by an occupant of the agriculture use upon which
it is located.
C.
Minimum parcel size. Agritourism shall be conducted on agricultural
land having a minimum of 10 contiguous acres, or, if less than 10
contiguous acres, where the agricultural operation has an anticipated
yearly gross income of at least $10,000.
D.
Subdivision prohibited. No portion of the site containing agritourism
activities shall be subdivided from the parent tract.
E.
Site.
(1)
Minor agritourism: agritourism that is expected to have fewer
than 25 trips per day.
(2)
Major agritourism: compliance with the following if agritourism
does not meet minor agritourism standards:
(a)
Site plan. A site plan that identifies the location of activities,
buildings, existing and proposed driveways, access drives, parking
areas, vehicle turnaround areas, sanitary facilities (if required),
and screening and landscaping in accordance with the applicable provisions
of this and other relevant Township ordinances shall be provided.
(b)
Setbacks. Agritourism activities occurring within a crop area
that provides a natural buffer, such as a corn maze, orchard trees
or grape vines, shall be located not less than 50 feet from any residential
property line. This requirement shall be increased to a distance of
500 feet from an occupied dwelling or residential property line, whichever
is greater, exclusively applicable to the property that contains the
agritourism activities that involve any man-made or special effects
creating noise or light.
(c)
Agritourism activities that occur in buildings shall be set
back in accordance with applicable setbacks for principal use buildings
in the district.
(d)
Parking. In addition to all off-street parking spaces required
in connection with the primary agriculture uses, the property shall
provide at least one off-street parking space for every two persons
anticipated to be present in connection with agritourism uses at that
time in a calendar year when the number of such persons is greatest.
No on-street parking shall be permitted. All off-street parking shall
be separated from any public street right-of-way by a minimum of 50
feet with a bufferyard A (minor), and shall be a minimum of 100 feet
from a residential use with a bufferyard C (major).
(e)
Entrance. Access to the property shall only be via a public
street. The Township may require a paved apron or a gravel scraping
area at any or all entrances/exits of a minimum distance of 50 feet
to prevent tracking of mud or debris onto any public roadway, and
shall so require a paved apron or a gravel scraping area whenever
the agritourism uses attract more than 50 vehicles per day on three
or more occasions during a calendar year.
(f)
Traffic. The applicant shall prepare a plan for controlling
traffic and circulation on the site at the expense of the applicant.
The Township may also require that applicant to provide qualified
traffic-control personnel at the expense of the applicant.
(g)
Lighting.
[1]
All exterior parking lots, driveways, vehicular
access aisles, pedestrian access areas and loading spaces shall be
sufficiently illuminated so as to provide safe on-site movements.
[2]
Illumination shall be by sharp cutoff fixture-type
with flush-mounted lens cap only.
[3]
Fixtures shall be mounted parallel to the ground
surface. Lighting for the purpose of highlighting a structure or landscape
feature shall be exempt from this requirement, provided that the source
of such light shall not be visible from the property lines or public
right-of-way.
[4]
Illumination shall not exceed one footcandle at
all property boundaries.
[5]
There shall be no direct or sky-reflected glare,
whether from floodlights or from high-temperature processes (for example,
combustion or welding), so as to be visible from within any residential
district.
[6]
Height of lighting is restricted to 20 feet.
(i)
Zoning permit. A zoning permit is required for major agritourism.
F.
Structures.
(1)
Historical agricultural building. The property owner must either
file an affidavit with the Township annually stating that the following
conditions are satisfied, or the Township will inspect the building
at the owner's expense to determine that the following conditions
are satisfied:
(a)
A report is provided by the Building Code Inspector which states
that the building complies with the fire safety provisions for historic
buildings of the International Code Council's International Existing
Building Code that was part of the Uniform Construction Code at the
time of inspection, provided that the building is not required to
install an automatic fire sprinkler system.
(b)
The building has functioning:
[1]
Hard-wired smoke detectors if electrical wiring
has been installed in the interior of the building.
[2]
Battery-powered detectors if electrical wiring
has not been installed in the interior of the building.
[3]
Portable fire extinguishers are placed in the building
consistent with the Uniform Construction Code.
[4]
If electrical wiring has been installed in the
interior of the building, an inspection report by a Code Inspector
states that the wiring complies with the electrical provisions of
the Uniform Construction Code that existed at the time of inspection.
[5]
Smoking is prohibited in the building.
[6]
All open flames are prohibited in the building,
except for flames used for the purposes of reheating or maintaining
food temperatures and for which the heating source requires no installation
as part of the building construction.
[7]
The owner maintains for the building liability
insurance that is written and issued by an insurer authorized to do
business in this commonwealth.
[8]
Signs are posted at the external entrances of the
building stating the maximum occupancy.
[9]
Unless permitted toilet facilities are provided
on the grounds of the building, portable toilet facilities are provided
in accordance with the minimum number of required toilets for a restaurant
or banquet hall in the International Building Code that was part of
the Uniform Construction Code at the time of inspection.
(2)
New structures must comply with the Uniform Construction Code
at the time of inspection.
(3)
Temporary structures. Any structures that are temporary in nature
and are used in conjunction with the agritourism activities shall
be removed not later than 28 days after the last scheduled date of
the activity or event. As an alternative to removal of said structures,
said structures may be relocated to a designated and screened storage
area on another portion of the parcel. This provision shall not apply
to utilities and fences.
G.
Collection of admission or parking fees. Any booth or other structure
used for the collection of admission and/or parking fees shall be
set back and arranged to prevent vehicle backups on adjoining roads
during peak arrival periods. Any other collection of fees (e.g., roaming
parking lot attendants) shall be accomplished in a manner to prevent
vehicle backups on adjoining roads.
H.
Control of litter. The applicant shall prepare a plan for the removal
of litter (on-site and off-site) and shall file the plan with the
Township no fewer than 14 days prior to the commencement of any agritourism
use.
I.
Exterior storage. All exterior storage of items related to the agritourism
use that are located within 100 feet of the lot line of a residential
use shall be screened as a bufferyard C (major).
J.
Operating hours. Agritourism activities shall not begin before 8:00
a.m. and shall terminate no later than 10:00 p.m.
K.
Noise. The noise level shall not exceed a noise standard of 60 dBA
at the nearest property line.
L.
Signs. Signs shall be in accordance with § 195-115A(1)(a).
M.
Emergency plan. The owner or operator of an agritourism use shall
maintain a current emergency contingency plan and provide the plan
to the Township.
