[Amended 10-12-2004 by Ord. No. 448]
The Board of Supervisors recognizes the potential
impact upon the Township of certain types of proposed development
and, therefore, has retained to the Supervisors the right of review
and approval of certain types of development, namely, commercial transient
camping grounds, mobile home parks, development amenities, indoor/outdoor
commercial recreational uses, preserves, home satellite dish and related
home television antennas, bus shelters, cable television facilities,
churches and similar places of worship, communications antennas, communication
towers and communication equipment buildings, gambling or off-track
betting establishments, adult entertainment establishments, bulk fuel
storage, junkyards and automobile wrecking yards, facilities for the
manufacture, assembly or packaging of products from previously prepared
materials and facilities for the manufacture, processing, reprocessing,
alternation, packaging or refinement of food products or any product
ultimately intended for human consumption.
A.
Applications for conditional use permits shall be
referred to the Board of Supervisors. The Board of Supervisors shall
refer such matters to the Planning Commission for advice and comment
on its effect on the application with the requirements of this chapter.
The Board of Supervisors shall hear the application as it is required
and empowered by law and ordinance. The Board of Supervisors may thereafter
direct the Zoning Officer to issue a conditional use permit if, in
its judgment, any one of such cases will not be detrimental to the
health, safety and general welfare of the Township and is deemed necessary
for its convenience. In approving any such application, the Board
of Supervisors may impose any conditions that it deems necessary to
accomplish the reasonable application of standards provided in this
chapter, and may deny any such application, but only in accordance
with said standards.
B.
Conditional use permits issued by the Zoning Officer
as directed by the Board of Supervisors shall automatically expire
12 months from the date of issuance by the Zoning Officer, unless
construction, other than excavation, has commenced within such twelve-month
period.
C.
The applicant shall contact the Zoning Officer to
arrange a presubmission conference with the Board of Supervisors and
the Planning Commission to outline the nature of the proposed application
and to determine the nature and extent of the information to be supplied
on the site development plan. In addition to the site development
plan, the applicant shall also submit a statement setting forth full
particulars of the need, purpose and operation of the structure or
use.
D.
The applicant shall cause a site development plan to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. Such plan shall include those elements set forth in § 155-79G as may be determined to be appropriate during the presubmission conference, together with any specific items or elements required by §§ 155-99 through 155-105, whichever pertains to the specific application in question.
Commercial transient camping grounds, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
All commercial transient camping grounds shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B.
The developer of any commercial transient camping
ground shall provide proper and adequate installation of roads, drives,
potable water, sanitary and drainage facilities, and shall meet minimum
requirements of the Department of Environmental Protection.
C.
Existing natural features, drainage and vegetation
shall be maintained, except where necessary for the construction and
operation of the above activity or as part of a forestry management
program.
E.
All commercial transient camping grounds shall comply
with applicable requirements of state and county agencies regarding
health, sanitation, fire protection and other facets of operation
of such activities.
Mobile home parks shall conform to the following
requirements:
A.
Each mobile home park shall have a minimum site of
not less than 10 acres and a minimum site frontage of no less than
400 feet.
C.
There shall be no more than six trailer or mobile
home unit stands per net acre of land used.
D.
The following lot and yard requirements shall be observed
for each trailer or mobile home unit stand site:
E.
All applications for a trailer or mobile home park
shall be accompanied by a plot plan showing the location of the site,
topography, drainage, number of units, access, road layout, name and
address of the owner and names of abutting property owners.
F.
No conditional use permit shall be granted unless
the application certifies that provisions have been made to connect
each trailer or mobile home unit to a water and sanitary sewer system
as approved by the Department of Environmental Protection. Such facilities
must be installed and operable before occupancy will be permitted.
G.
Height regulations. No principal structure shall exceed 29 feet in height measured from the average finished grade of the ground immediately adjoining the building to the highest point of the roof, and no accessory structure containing 400 square feet or less shall exceed 15 feet in height measured from the average finished grade of the ground immediately adjoining the building to the highest point of the roof. In the event that the accessory structure is greater than 400 square feet in area, the maximum height would be equal to the maximum height of the permitted principal building in the district in which it is located. Exceptions to this provision shall be as provided in Article VI, § 155-10A.
H.
Landscaping.
(1)
Adequate screening and/or fencing shall be required
within a buffer strip of not less than 20 feet in width to be devoted
exclusively to that purpose, adjacent to all exterior lot lines of
mobile home parks. The screening and/or fencing shall be such that
it will create, unless it can be preserved from existing vegetation,
within two growing seasons, a continuous screen five feet in height
and of such density as will obscure 75% of the light emitted from
automobile headlights on the premises throughout the course of the
year. Compliance with this section shall be so executed that sight
is unobstructed at intersections within a triangle measuring 30 feet
along the frontage road right-of-way and 10 feet along the right-of-way
of interior streets.
I.
Access. Access to mobile home lots shall be from interior
streets, which shall conform to the requirements for minor streets,
and not from public streets.
J.
Recreation. At least 10% of the total area of a mobile
home court, exclusive of the buffer strip, shall be devoted to playground(s),
park(s) or other recreational purposes, and shall be appropriately
equipped.
[Amended 10-12-2004 by Ord. No. 448]
Development amenities shall include those uses
permitted in the Commercial District (not including the special exceptions
set forth herein), recreational facilities including but not limited
to ski slopes and tows, golf courses, tennis facilities, beaches,
swimming pools and natatoriums, gymnasiums, craft facilities and similar
uses and facilities, guard shacks, and administrative facilities,
including but not limited to, administration office buildings in which
meeting rooms, storage space and mailboxes may be contained, located
within the confines of the exterior perimeter of a subdivision of
record or planned community or contiguous thereto. Development amenities
shall conform to the following:
A.
The activity, amenity, structure or use shall be principally
for the benefit and convenience of the families, guests and tenants
of lot owners.
B.
The activity, amenity, structure or use shall be located
wholly within the confines of the exterior perimeter of a subdivision
of record or planned community or contiguous thereto. However, no
development activity, amenity, structure or use located within a planned
community shall be permitted on residential lots or units other than
lots that constitute common areas of the planned community.
C.
No advertising sign relating to the activity, amenity,
structure or use shall be permitted which is visible from any legislative
route.
D.
Only one sign, not exceeding 32 square feet in area and not exceeding 10 feet in height above the average ground line to the highest point, shall be permitted for each such activity, amenity, structure or use, except directional signs as provided in § 155-20.
E.
The sum of the areas (including the area required
for any parking) devoted to uses, activities or structures normally
permitted in the Commercial District shall not exceed 1% of the total
gross area within the confines of the exterior perimeter of the subdivision
of record.
F.
Any building or structure (other than signs) must
conform to the setback requirements of the district in which the amenity
is located.
H.
Subsurface disposal areas constructed to serve this
amenity shall not encroach on any required parking area or upon the
buffer strip.
I.
A buffer strip not less than 20 feet in width shall
be provided between any such use and any plotted lot of the subdivision.
J.
No commercial or for-profit activity shall be conducted
within any administration office building.
Indoor and outdoor commercial recreational uses, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
A statement of use and operation of the same shall
accompany the plan and shall set forth:
(1)
The nature of said indoor and outdoor commercial recreational
use;
(2)
Proof of public interest in said use;
(3)
Benefits to the Township and surrounding areas;
(4)
Any proposed plans for future expansion of said use;
and
(5)
Any other information which may be helpful in assisting
the Supervisors in evaluating this application.
C.
Only one sign, not exceeding 36 square feet in area
and not exceeding 10 feet in height above the average ground line
to the highest point, shall be permitted for such use, provided that
such sign shall be located within the perimeter of the parcel upon
which the use is located and within 100 feet of an activity, structure
or principal use of said indoor and outdoor commercial recreational
use.
D.
Adequate fencing, screening or natural growth not
less than eight feet in height, where required by the Board of Supervisors,
shall be constructed or planted around the perimeter of said parcel.
E.
Adequate sanitary facilities in accordance with the
rules and regulations of the Department of Environmental Protection
and the Township shall be installed to accommodate all future customers
and participants in said use.
F.
The Board of Supervisors shall determine, based upon information and testimony supplied at the hearing, that the use shall be conducted in such a manner that the noise shall comply with §§ 155-11Q and § 155-17G(4).
G.
The Board of Supervisors shall determine, based upon
information and testimony supplied at the hearing, that the use shall
not be conducted in such a manner to emit any obnoxious smell or odor
from such use.
H.
Adequate lighting shall be provided after dark for any roadways, streets, parking areas or walkways, ramps, steps, signs and other areas of intensive pedestrian or vehicular use in accordance with § 155-55E of this chapter, including adequate shielding which shall be provided to protect adjacent properties from the glare of such illumination and from headlights of automobiles using the parking facility, as required by § 155-11H of this chapter.
I.
Subsurface disposal areas constructed to serve the
facility use shall not encroach on any required parking area.
A "preserve" is an area covering 1,000 acres
or more in a continuous parcel and owned by individuals formed into
an association or corporation for residential and recreational purposes,
open only to members, guests and employees of said association or
corporation and containing conservation and recreational areas, dwellings
of members and employees, community buildings and services, street
and sanitation facilities for use only by members, guests and employees
of said association or corporation.
A.
At least 50% of the gross area of the preserve shall
be devoted to conservation areas or to open space for the common use
and enjoyment of the members, employees and guests.
B.
The number of dwellings within the preserve shall
not exceed one dwelling for each eight acres of gross area within
the preserve.
C.
The number of dwellings within the preserve shall
not exceed one dwelling for each two acres of developable land. Developable
land shall be determined by reducing from the gross area the area
encompassed by lakes, streams, ponds, swamps or other bodies of water,
land with a slope of 20% or more extending over a distance in excess
of 200 feet and other land which is physically unsuitable for building
a development.
D.
A preserve may include single-family detached dwellings and accessory buildings; animal shelters, for domestic animals only and not for commercial breeding of the same; hunting clubs and camps; fishing clubs and camps; conservation facilities; recreational and eating facilities for the use of members, guests and employees; community buildings and services which may include facilities for construction within the preserve; office and incidental commercial facilities servicing the preserve; lumbering as specified in § 155-12B(8); and development amenities as specified in § 155-101.
E.
Necessary streets used in subdivisions (which need
not be public streets) and drives shall be provided within the preserve.
Potable water, sanitary and drainage facilities shall meet minimum
requirements of the Department of Environmental Protection and the
rules and regulations of Tobyhanna Township.
F.
Title to all property within the preserve shall remain
in the name of the preserve association or corporation.
G.
Except as provided in Subsection S, no lot leased or to be leased by the preserve or otherwise occupied by any member, guest or employee of the preserve shall be less than 43,560 square feet in area.
H.
No more than two dwelling units, plus accessory buildings
as defined below, may be erected upon any lot leased or to be leased
by the preserve or otherwise occupied by any member, guest or employee
of the preserve; provided, however, that no more than one dwelling
unit, plus accessory buildings as defined below, may be erected upon
any lot leased or to be leased by the preserve or otherwise occupied
by any member, guest or employee of the preserve which is less than
43,560 square feet in area.
I.
No building or structure erected upon any lot leased
or to be leased by the preserve or otherwise occupied by any member,
guest or employee of the preserve shall be closer than 15 feet to
the side yard line nor closer than 50 feet to the front or rear yard
line of said lot.
J.
The minimum habitable floor area per dwelling on any
lot shall be 750 square feet.
K.
Existing natural features, drainage and vegetation
shall be maintained, except for construction within the preserve,
development of recreational and conservation facilities or as part
of a forestry management program.
M.
All preserves shall comply with applicable requirements
of the state and county agencies, including but not limited to health,
sanitation and fire protection.
N.
The maximum building height shall be 38 feet.
O.
The maximum lot coverage shall be 15%.
R.
"Permitted accessory buildings" shall be defined as
storage buildings, garages, greenhouses, swimming pools, animal shelters,
none of which shall be used for commercial purposes, and other buildings
of like kind and use that are clearly incidental to the principal
use and do not include any activity commonly conducted as business.
S.
The provisions of Subsections G, P and Q notwithstanding, not more than 10% of the lots leased or to be leased by the preserve or otherwise occupied by any member, guest or employee of the preserve may be nonconforming as to area, lot width or lot depth, provided that:
(1)
No lot shall in any event be less than 30,000 square
feet in area.
(2)
No lot of less than 43,560 square feet shall have
a width of less than 75 feet.
(3)
No lot shall be nonconforming as to both minimum lot
width and minimum lot depth.
(4)
The nonconformance shall not adversely affect the
character of the preserve or the purpose and intent of this article.
[Amended 3-9-1998 by Ord. No. 394]
A.
Towers and antennas shall be set back from all property
lines a distance of at least 1.5 times the height of the antenna or
tower, exclusive of clearly identified and well-maintained bridle
paths.
C.
No more than one antenna or tower shall be permitted
on any lot.
D.
The diameter of a satellite dish antenna shall not
exceed nine feet when proposed as an accessory use to a residential
use. When separately supported, the total height of the satellite
dish antenna shall not exceed 12 feet.
E.
The diameter of a satellite dish antenna shall not
exceed 23 feet when proposed as an accessory use to any use (except
residential uses) in the C, CI or OS Districts.
F.
A satellite dish antenna or tower shall not be located
in the front yard of a residential structure.
G.
Roof-mounting of a satellite dish antenna on a residential
structure shall not exceed maximum building height requirements in
that district.
H.
Towers and/or antennas shall not be used for human
occupancy.
I.
Towers and/or antennas shall meet all requirements
of the Federal Aviation Administration (FAA), Federal Communications
Commission (FCC) and all other regulatory agencies.
Bus shelters shall conform to the following
requirements:
A.
Bus shelters shall not be located within a street
cartway.
B.
Bus shelters shall be considered temporary structures
which can be moved from one location to another.
C.
Bus shelters shall not exceed 10 feet in height, 16
feet in width or eight feet in depth.
D.
Signage on any bus shelter shall not exceed 10% of
any wall surface. The contents of any such sign shall be approved
by the appropriate school administrator for school bus shelters.
E.
Such use shall not alter the essential character of
the neighborhood or district in which the property is located, nor
substantially or permanently impair the appropriate use or development
of adjacent property or be detrimental to the public welfare.
[Added 6-15-1998 by Ord. No. 397]
In addition to any other provisions of this chapter and Chapter 135, Subdivision and Land Development, which apply to conditional use permits, all conditional use applications for uses enumerated in § 155-17D of this chapter shall strictly comply with the following additional general requirements, conditions and performance requirements:
A.
Public safety. No landowner, tenant or lessee shall
use or allow to be used land or structures in a way that results or
threatens to result, in the opinion of the Township, in any of the
following conditions:
(1)
A physical hazard to the public, or a physical hazard
that would be an attractive nuisance that would be accessible by children.
(2)
Pollution of groundwaters or surface waters, other
than as authorized by a state or federal permit.
(3)
Risks to public health and safety, such as but not
limited to explosion, fire or biological hazards or toxic substances.
B.
Approvals and permits. All approvals and permits of
the Township are conditioned upon compliance by the applicant with
all applicable federal, state and Township laws and regulations.
C.
Noise levels. Noise levels shall not exceed those
shown in this chapter.
D.
Proximity to water bodies. No conditional industrial/manufacturing
use shall be located closer than 100 feet abutting a stream and 50
feet abutting wetlands, or other water body measured from the edge
of the high-water mark, excepting detention basins or stormwater culverts.
E.
Buffer strips. Where the conditional industrial/manufacturing
use adjoins a residential district, a buffer strip of a minimum of
200 feet in width is required along the adjoining lot lines, unless
the residential district is separated by an expressway or a railroad,
where the minimum buffer strip is 100 feet in width. Where the conditional
industrial/manufacturing use adjoins any other type of district, a
buffer strip of 100 feet in width is required along the adjoining
lot lines (other than industrial). The buffer strip shall be landscaped
to provide a suitable and effective barrier to separate the property
and shield all lighting glare. No buffer strip shall be used for parking.
F.
Reduction of buffer strips. The two-hundred-foot buffer
strip may be reduced to 120 feet if the industry or manufacturing
use provides an earthen berm acceptable to the Township Supervisors
that is a minimum of eight feet high above the highest ground level
within the setback with a maximum side slope of 3 to 1 and screening,
meeting the screening requirements, is placed on the top of the berm
or on the residential side of the earthen berm.
G.
Building orientation. If more than one building is
on the site, if not attached, the building's orientation shall be
such that the exterior walls of opposite buildings shall be located
no closer than a distance equal to the height of the taller building,
plus 10 feet. The buildings shall be arranged such that they are accessible
to emergency vehicles, including fire trucks and ambulances.
H.
Approvals. The Pennsylvania Department of Labor and
Industry approval is required.
I.
Sewage treatment. The industries and manufacturers
noted in the attached use tables entitled "Wastewater Treatment Requirements
for Users in Commercial-Industrial Zone,"[1] and any industry or manufacturer discharging 10,000 gallons
or more per day of wastewater that is not recycled on an average daily
basis, shall be required to connect to an approved wastewater treatment
plant in accordance with the regulations of that system and/or the
Township's regulations and will not be allowed to utilize a community
on-lot septic system.
[1]
Editor's Note: Said tables are on file in
the Township offices.
J.
Recertification of on-lot systems. Any septic system
used by a manufacturing or industrial user is required to be reviewed
and/or tested by the Sewage Enforcement Officer for adequacy if a
change of use or expansion of use would cause an increase in sewage
flows or create a potential problem based on the new character of
the wastewater.
K.
Backup on-lot system. All new or expanding industrial
and manufacturing users that have an on-lot septic system shall include
a second open unpaved land area suitable for an alternate septic system
location. Such site shall be tested by the Township Sewage Enforcement
Officer and found to meet state and Township requirements. This requirement
for the alternate system location shall not apply if the applicant
proves to the satisfaction of the Township Engineer and/or Zoning
Officer that public sewage service can reasonably be expected to serve
the lot within five years from the date of occupancy or expansion.
L.
Outdoor land use. Except as provided by § 155-16B(9) for commercial establishments, goods or products shall not be stored out-of-doors unless in an area enclosed by landscaping or a fencing screen on three sides. The outdoor storage of trash shall be designed and maintained to be completely screened from view by a landscape buffer or other approved screening not less than eight feet in height, and such use shall conform to all building setbacks. All manufacturing shall occur completely within enclosed structures.
M.
Hazardous use or materials. No building or lot may
be used by a business or industry that treats, stores (from off-site
sources) or distributes hazardous wastes or materials.
N.
Road access. There shall be a maximum of one access
road per 200 feet of frontage and in no case more than two access
roads per frontage. Traffic to an industrial or manufacturing development
shall not utilize a local street through a residential district, except
for emergency vehicle access.
O.
Glare. Arc welding, acetylene-torch cutting or similar
processes that produce glare shall be performed within an enclosed
building or shall be screened from view from any point beyond the
property line.
P.
Fire suppression systems. Fire suppression systems shall be installed in all industrial and manufacturing buildings over 20,000 square feet. The systems shall be as required for a full operating system in the latest edition of the BOCA National Building Code. The system is to be installed and maintained in full operating condition, as specified in § 155-131 of this chapter.[2]
Q.
Fire and safety hazard. The storage of crude oil or
any of its volatile products or other highly inflammable liquids in
aboveground or underground tanks shall be in accordance with local,
state and federal regulations. The manufacture or storage of explosive
or poisonous gases is not permitted. The storage, baling or treatment
of rags, wastes, scrap paper or similar materials shall be in enclosed
masonry buildings, no part of which may be located closer than 100
feet from any property line.
R.
Vibrations. No use shall generate earth vibrations
or concussions perceptible to an average person through his/her senses,
without the aid of instruments, beyond its property lines, with the
exception of that vibration produced as a result of occasional, nonroutine
construction activity or permitted mining operations.
S.
Gases and odor. No toxic gas shall be emitted which
is deleterious to the public health or safety. The emission of obnoxious
odors of any kind shall not be permitted. This restriction is not
applicable to normal farming practices or other nonindustrial or nonmanufacturing
uses.
T.
Smoke, dust, dirt and fly ash shall not exceed the
limits set by federal, state and local air pollution codes.
U.
Staged construction. If the development is to occur
in progressive stages, each stage shall be planned and occur so that
the purposes and requirements of this chapter are fully complied with
at the completion of each stage. Each stage shall be shown on the
plan.
V.
Monitoring. If a reasonable doubt exists that a use
would violate the performance standards or such similar requirements
of this section, the Supervisors may require a use to fund such reasonable
and necessary monitoring to ensure its compliance.
W.
Traffic impact study.
(1)
Uses requiring a traffic study. Any application for
any of the following new uses or expansion of existing uses may be
required to complete a traffic study and include the findings in a
written report:
(a)
Commercial: 20,000 square feet or more of new
or additional total floor area.
(b)
Office: 30,000 square feet or more of new or
additional total floor area or any truck terminal.
(c)
Institutions: 30,000 square feet or more of
new or additional total floor area.
(d)
Industrial and/or manufacturing uses: all uses
that generally result in greater than 500 trips per day.
(e)
Any use or combination of uses that would generally
result in greater than 1,000 trips per day.
(2)
Timing. Any required traffic study shall be submitted
at the same time as or earlier than any preliminary plan, special
exception, conditional use or construction permit application, whichever
is submitted earliest.
(3)
Costs. The full costs of completing the study and
the reasonable costs of a review by the Township or Planning Commission
Engineer or other Township representative shall be borne by the applicant.
(4)
Selection of engineer. The applicant's proposed traffic
engineer shall be subject to approval by the Supervisors, based upon
the qualifications and credentials of the proposed traffic engineer
as submitted to the Supervisors.
(5)
Study area. Prior to initiation of the traffic study,
the traffic engineer or planner shall meet with the Township Supervisors
and/or Engineer to establish the area to be studied. This area shall
be limited to streets or intersections within a maximum of one-mile
radius of the proposed project egress/ingress, except for a use projected
to generate more than 2,000 trips per day, which shall have a maximum
study area of three miles from the project egress/ingress.
(6)
Joint studies. Joint traffic studies between different
applicants are allowed.
(7)
Project description. If a development is proposed
to occur in stages, each stage shall be described and taken into account
in the study.
(8)
Existing traffic conditions. The traffic volumes and
service levels during the a.m. and p.m. peak hours and holiday weekends
shall be presented for all streets and intersections in the study
area that can reasonably be expected to be significantly impacted.
Traffic volumes shall be based upon actual counts that occurred within
the prior two years, and not upon state estimates. The locations of
all accidents reportable to the state or local police within the study
area during the most recent two-year period shall be noted.
(9)
Expected traffic generation. The study shall include
an estimate of the number of trips expected to be generated by the
use and any future stages during the a.m. and p.m. peak hours and
holiday weekends, traffic volumes and levels of service on impacted
intersections and streets. Such estimates shall be based upon the
latest published estimates of the Institute of Transportation Engineers,
or its successor entity, unless the applicant provides the Township
with estimates and supporting documentation based upon actual traffic
counts of closely similar developments in Pennsylvania.
(10)
Levels of service. The study shall estimate
and use the description of the levels of service (A, B, C, D, E and
F) for streets and highways established by the United States Department
of Transportation.
(11)
Signal warrants. Heavily traveled intersections
at entrances to the development and other major unsignalized intersections
in the study area shall be studied to determine whether a traffic
signal is warranted by PennDOT criteria. Existing traffic signals
that are significantly impacted shall be studied to determine whether
they are in need of upgrading.
(12)
Needed improvements. The study may take into
account traffic improvements which are clearly funded and will occur
within the next two years. The study shall include suggestions for
how each congested or hazardous intersection in the study area should
be improved to reduce the hazard or congestion, and a rough estimate
of the cost of that improvement.
(13)
Applicant's response. The applicant shall respond
to the traffic study with proposals on what traffic improvements,
right-of-way dedications or commitments of financing for specific
projects the applicant proposes to commit to resolve the negative
traffic impacts of the proposed development. Such improvements or
financing may be staged in relation to the stages of the development.
The applicant may also agree to commit toward the long-term support
of a program to reduce peak-hour traffic by private vehicles, through
programs such as carpooling, support of mass transit, or staggered
work hours, in place of certain structural improvements.
(14)
Completion of improvements. Any traffic improvements that are required as a condition of any approval under this chapter or Chapter 135, Subdivision and Land Development, shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit, or within a staged process agreed to at the time of approval.
X.
Stormwater management. The stormwater management plan
will meet the requirements of any separate Township stormwater management
ordinance[3] which may be adopted or with the requirements of Chapter 135, Subdivision and Land Development. All proposed stormwater control methods are subject to review by the Township and/or Planning Commission Engineers. All such methods shall be professionally acceptable to the Engineers.
Y.
Presubmission meeting. Prior to undertaking a review
of an application for a conditional use permit, the Township may require
a mandatory presubmission conference to be attended by the applicant,
its designees or agents, the Township Zoning Officer and, at the option
of the Board of Supervisors, itself, the Township Engineer or any
other Township representative or employee.
[Added 10-12-2004 by Ord. No. 448; amended 11-10-2008 by Ord. No. 473]
Churches and similar places of worship shall
be permitted as a conditional use within the OS District and shall
comply with the following requirements:
A.
Churches and similar places of worship shall comply with all the lot and yard requirements set forth in Article X of Chapter 155 of the Tobyhanna Township Code of Ordinances and the applicable attachments[1] to the Tobyhanna Township Zoning Ordinance regulating
churches and similar places of worship.
[1]
Editor's Note: Said attachments are included
at the end of this chapter.
B.
Uses and/or structures incidental and/or accessory to a church and similar place of worship such as a gymnasium, playground, parsonage for active clergy, monastery for active monastics and/or an athletic field shall be allowed, provided all buildings and use areas meet the minimum lot and yard requirements set forth in Article X of Chapter 155 of the Tobyhanna Township Code of Ordinances and the applicable attachments[2] to the Tobyhanna Township Zoning Ordinance regulating
churches and similar places of worship.
[2]
Editor's Note: Said attachments are included
at the end of this chapter.
C.
Outdoor lighting for recreational purposes shall be
prohibited.
[Added 10-12-2004 by Ord. No. 448]
[1]
Editor's Note: Former § 155-106.3,
Gambling or off-track betting establishments, added 10-12-2004 by
Ord. No. 448, was repealed 12-27-2005 by Ord. No. 458.
[Added 10-12-2004 by Ord. No. 448]
Adult entertainment establishments shall include adult bookstores, adult cabarets, adult movie theaters, adult massage parlors and adult videocassette rental and sales and shall strictly comply with the requirements set forth in §§ 155-17D(1) and 155-106 of this chapter.
[Added 10-12-2004 by Ord. No. 448]
Bulk fuel storage shall include tanks of over 1,000 gallons and related cylinder filling rooms, pumps, compressors and truck filling stations and shall comply with the requirements set forth in §§ 155-17D(2) and 155-106 of this chapter. Further, bulk fuel storage shall comply with the International Fuel Gas Code (see § 60-12 of Chapter 60, Building Construction and Permits) and all other applicable requirements set forth in the Code of the Township of Tobyhanna. Where differences occur between the provisions of the International Fuel Gas Code and this Code, the most restrictive provision shall apply.
[Added 10-12-2004 by Ord. No. 448]
[Added 10-12-2004 by Ord. No. 448]
Facilities for the manufacture, assembly or packaging of products from previously prepared materials shall include materials such as cloth, plastic, paper, leather, precious or semiprecious stones or metal, but shall not include metal smelting and manufacturing of chemical products from raw materials. Such facilities shall strictly comply with § 155-106 of this chapter.
[Added 10-12-2004 by Ord. No. 448]
Facilities for the manufacture, processing, reprocessing, alteration, packaging or refinement of food products or any product ultimately intended for human consumption shall include pharmaceuticals and the like, but shall not include the production of fish or meat products, sauerkraut, vinegar or the like, or the rendering of fats and oils. Such facilities shall strictly comply with § 155-106 of this chapter.
[Added 3-13-2017 by Ord.
No. 529]
A medical marijuana grower/processor shall be permitted as a
conditional use within the CI Commercial/Industrial District and shall
comply with the following requirements:
A.
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Department of Health of the Commonwealth of Pennsylvania. The
grower/processor facility shall not be located in a trailer, cargo
container, mobile or modular unit, mobile home, recreational vehicle
or other motor vehicle.
B.
The floor area of a medical marijuana grower/processor shall include
sufficient space for production, secure storage of marijuana seed,
related finished product cultivation, and marijuana materials and
equipment used in production and cultivation or required for laboratory
testing.
C.
There shall be no emission of dust, fumes, vapors, odors, or waste
into the environment from any facility where medical marijuana growing,
processing or testing occurs.
D.
Marijuana remnants and byproducts shall be secured and properly disposed
of in accordance with the Department of Health of the Commonwealth
of Pennsylvania policy and rules and regulations, and shall not be
placed within any unsecured exterior refuse containers.
E.
The grower/processor shall provide only wholesale products to other
medical marijuana facilities. Retail sales and dispensing of medical
marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
F.
A grower/processor may not be located within 1,000 feet of the property
line of a public, private or parochial school or day-cay center or
facility.
G.
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
I.
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
J.
Entrances and driveways to a medical marijuana grower/processor must
be designed to accommodate the anticipated vehicles used to service
the facility.
K.
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
