A.
In addition to the general criteria for uses within a particular zone established in Article II and general regulations for uses established in Article III, this Article IV sets forth standards that shall be applied to each individual use identified herein. The standards of this Article IV must be satisfied before approval of any application for a special exception, conditional use, or zoning permit, as applicable. The criteria for special exceptions and conditional uses in this Article IV shall be in addition to the general criteria for special exceptions and conditional uses set forth in Articles VI or VII, as applicable. The applicant shall be required to demonstrate compliance with all applicable standards and shall furnish whatever evidence is necessary to demonstrate such compliance.
B.
All uses identified in Article IV must comply with the general regulations for the zone in which the use is to be located unless different standards are established by this article; if different standards are established by this article, these different standards for the use shall apply in addition to any other general regulations which are not inconsistent with Article IV.
Accessory recreational uses associated with a business or industry are permitted by Article II herein and subject to the following criteria:
A.
Nothing within this section shall be interpreted to
include a recreation facility as defined herein;
B.
Passive recreation uses (e.g., benches, walkways,
picnic pavilions and tables, etc.) shall be permitted within 25 feet
of any lot line;
C.
Active recreation uses (e.g., playgrounds, athletic
courts, ball fields, fitness trails, swimming pools, etc.) shall be
set back at least 50 feet from any lot line, and at least 100 feet
from any land within the R Zone; and
D.
The applicant shall offer testimony that the proposed
use will be designed, maintained and operated so as not to be detrimental
to the use of adjoining or nearby properties due to hours of operation,
noise, light, litter and off-street parking.
Adult-related uses are permitted as provided in Article II herein and subject to the following criteria:
A.
An adult-related use shall not be permitted to be
located within 1,000 feet of any other adult-related use.
B.
No adult-related use shall be located within 600 feet
of any zoning district boundary line.
C.
No adult-related use shall be located within 600 feet
of any parcel of land which contains any one or more of the following
specified land uses:
D.
The distance between any two adult entertainment establishments
shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior property line of
each establishment. The distance between any adult entertainment establishment
and any land use specified above shall be measured in a straight line,
without regard to intervening structures, from the closest point on
the exterior property line of the adult entertainment establishment
to the closest point on the property line of said land use. The distance
between any adult entertainment establishment and the zoning district
boundary line shall be measured in a straight line, without regard
to intervening structures, from the closest point on the exterior
property line of the adult entertainment establishment to the closest
point on the zoning district boundary line.
E.
No materials, merchandise, or film offered for sale,
rent, lease, loan, or for view upon the premises shall be exhibited
or displayed outside of a building or structure.
F.
Any building or structure used and occupied as an
adult-related use shall be windowless, or have an opaque covering
over all windows or doors of any area in which materials, merchandise,
or film are exhibited or displayed, and no sale materials, merchandise,
or film shall be visible from outside of the building or structure.
G.
No sign shall be erected upon the premises pictorially
depicting or giving a visual representation of the type of materials,
merchandise or film offered therein.
H.
Each entrance to the premises shall be posted with
a notice specifying that persons under the age of 18 years are not
permitted to enter therein and warning all other persons that they
may be offended upon entry.
I.
No adult-related use may change to another adult-related
use, except upon approval of an additional special exception.
J.
The use shall not create an enticement for minors
because of its proximity to nearby uses where minors may congregate.
K.
No unlawful sexual activity or conduct shall be permitted.
L.
No more than one adult-related use may be located
within one building or shopping center.
Agricultural research labs are permitted as provided in Article II herein and subject to the following criteria:
A.
The use must comply with all applicable regulations
pertaining to an agricultural use;
B.
The outward appearance and impact upon the community
must be comparable to a normal agricultural use; and
C.
The applicant must furnish detailed information regarding
the disposal of any hazardous wastes and/or by-products.
Airports/heliports are permitted as provided in Article II herein and subject to the following criteria:
A.
Minimum lot area: 30 acres for airports and five acres
for heliports;
B.
All facilities shall be designed and operated in strict
compliance with all applicable state and federal laws and regulations;
C.
The applicant shall furnish evidence of the obtainment
of a license from the Pennsylvania Department of Transportation, Bureau
of Aviation, prior to the approval of the conditional use application;
and
D.
No part of the takeoff/landing strip and/or pad shall
be located nearer than 300 feet from any property line, nor within
1,000 feet of any existing residential use.
Amusement arcades are permitted as provided in Article II herein and subject to the following criteria:
A.
All activities shall take place within a completely
enclosed building;
B.
The applicant must furnish evidence as to how the
use will be controlled so as to not constitute a nuisance due to noise
or loitering outside the arcade;
C.
A plan for the cleanup of litter shall be furnished
and implemented by the applicant.
Animal hospitals and kennels are permitted as provided in Article II herein and subject to the following criteria:
A.
Minimum lot area. Unless animals are kept inside at
all times, each site shall contain at least five acres; otherwise,
the minimum lot area requirement of the applicable zone shall apply;
B.
All animal boarding buildings that are not completely
enclosed, and any outdoor animal pens, stalls or runways shall be
located within the rear yard and screened from adjoining properties,
and shall be a minimum of 100 feet from all property lines;
C.
All outdoor pasture areas shall be enclosed to prevent
the escape of animals, all such enclosures shall be set back a minimum
of 10 feet from all property lines; and
D.
The applicant shall furnish evidence of effective
means of animal and veterinary waste collection and disposal which
shall be implemented.
Automobile filling stations are permitted as provided in Article II herein and subject to the following criteria:
A.
The subject property shall have a minimum width of
125 feet;
B.
The subject property shall front on an arterial or
major collector road;
C.
All structures (including underground tanks) shall
be located at least 300 feet from the closest point on the exterior
lot line of any lot containing a school, day-care facility, park,
playground, library, hospital or nursing, rest or retirement home;
D.
The outdoor storage of motor vehicles (whether capable
of movement or not) for more than one month is prohibited;
E.
All structures (including air compressors, kiosks,
canopies, gasoline pump islands, but not permitted signs) shall be
set back at least 30 feet from any street right-of-way line;
F.
No outdoor storage of auto parts shall be permitted;
G.
All ventilation equipment associated with fuel storage
tanks shall be set back 100 feet and oriented away from any adjoining
residence; and
H.
The applicant shall furnish evidence that the storage
and disposal of materials will be accomplished in a manner that complies
with state and federal regulations.
Banks and similar financial institutions are permitted as provided in Article II herein subject to the following criteria:
A.
All drive-through lanes and automated teller machines
shall be located, or contain convenient parking spaces, so that the
off-site movement of vehicles will not be hampered.
B.
Each drive-through lane shall have a minimum of 200
feet of on-site stacking preceding the window or automated teller
machine.
C.
Any exterior microphone/speaker system shall be designed,
arranged, and operated so as to prevent objectionable noise impact
on adjoining properties.
Bed-and-breakfasts are permitted as provided in Article II herein and subject to the following criteria:
A.
Bed-and-breakfasts shall only be permitted within
single-family detached dwellings that existed on September 10, 1996;
B.
Any modifications to the external appearance of the
building (except fire escapes) shall complement its residential character;
C.
All floors above or below grade shall have a permanently
affixed direct means of escape to ground level;
D.
All parking areas shall be set back a minimum of 25
feet from all property lines and shall be screened from adjoining
lots and streets;
E.
Meals shall be offered only to registered overnight
guests;
F.
The applicant shall furnish evidence that an approved
means of sewage disposal and water supply shall be used; and
G.
The applicant shall furnish proof of any needed land
development approvals and approval from the Pennsylvania Department
of Labor and Industry.
[Amended 12-6-2012 by Ord. No. 2012-05]
Billboards are permitted as provided in Articles II and III herein and subject to the following criteria:
A.
No billboard shall be located within 1,000 feet of another billboard.
B.
No billboard shall be permitted within 1,000 feet of the edge of
the street right-of-way of any intersecting public street or within
1,000 feet from the beginning or ending of an entrance or exit ramp.
The distance between billboards shall be measured along the nearest
edge of the pavement between points directly opposite the signs along
the same side of the traveled way.
C.
All billboards shall be a minimum of 50 feet from the street right-of-way
line and all other property lines.
D.
All billboards shall be set back at least 100 feet from any land
within any zone other than that within which the billboard is located.
E.
No billboard shall obstruct the view of motorists on adjoining roads
or the view of adjoining commercial or industrial uses which depend
upon visibility for identification.
F.
No billboard shall exceed an overall size of 300 square feet nor
exceed 35 feet in height.
G.
All properties upon which a billboard is erected shall be regularly
maintained so as not to create a nuisance by means of weeds or litter.
Boardinghouses are permitted as provided in Article II herein and subject to the following criteria:
A.
The minimum lot area requirements shall be 10,000
square feet plus 500 square feet additional lot area per boarder (up
to 10 boarders).
B.
The applicant shall furnish evidence that public water
and sewer service shall be used.
C.
No modifications to the external appearance of the
building (except fire escapes) which would alter its residential character
shall be permitted.
D.
All floors above and/or below grade shall have a permanently
affixed direct means of escape to ground level.
E.
The applicant shall furnish proof of any needed land
development approvals and approval from the PA Department of Labor
and Industry.
Business parks are permitted as provided in Article II herein and subject to the following criteria:
A.
Purpose. The business park is intended to provide
for the orderly and integrated development of a business campus consisting
of mixed industrial uses and accessory commercial facilities which
exist for the primary purpose of serving business park occupants.
B.
Site criteria.
(1)
A business park shall only be permitted on sites which
meet the following minimum criteria. An applicant for approval to
develop under the business park regulations is encouraged to submit
a detailed sketch plan of the entire site to the Zoning Officer, Township
Engineer, Township Planning Commission, and Board of Supervisors.
It is anticipated that the sketch plan will resolve the following
issues:
(a)
The business park is encouraged to be served
by public water and sewer.
(b)
The applicant shall provide a detailed transportation plan to demonstrate that access to the business park is adequate under Township standards. A plan to provide for improvements and upgrades to existing streets and intersections meeting all requirements of Articles IV and VI of Chapter 430, Subdivision and Land Development, shall be provided when improvements are required or proposed.
(c)
The minimum area of a business park site shall
be 50 acres, which land shall be included on a single preliminary
subdivision and/or land development plan. The business park shall
be developed as a single, integrated unit having shared access points,
an internal street system, interconnected off-street parking facilities,
common stormwater management facilities, and other improvements under
the control of the applicant.
(d)
The entire business park site shall be located within the MU-2
and C/I Zones.
[Amended 7-18-2013 by Ord. No. 2013-06]
(e)
The business park shall contain nonmotorized
transportation facilities, including but not limited to sidewalks,
walking paths and greenway linkages, which shall be an integral part
of the business campus. The nonmotorized transportation facilities
shall connect all proposed lots and building sites within the business
campus and provide linkages to adjoining lots and future and existing
development. The applicant shall identify the function or functions
of each nonmotorized pathway or greenway and shall design such pathway
or greenway to adequately perform such function or functions.
(f)
The business park shall be permitted to have a mix of accessory commercial uses, limited to those uses listed in § 490-60C. A maximum of 20% of the gross floor area of the buildings within the business park shall be permitted to be developed with such accessory commercial uses. If development of the business park is proposed in phases, at no time during development shall the portion of building floor area dedicated toward the accessory commercial uses exceed 20% of the total building floor area within the developed phases of the business park.
[Amended 7-18-2013 by Ord. No. 2013-06]
(g)
The area of the business park set aside for
the accessory commercial use area shall be identified with the sketch
plan and shall be so designed to be internal to the business campus
and to be accessory and in support of the overall industrial uses
within the business park. The commercial uses shall be located within
the business park to best facilitate motorized and nonmotorized access.
(h)
The applicant shall provide an overall landscaping plan for the business park which attempts to incorporate and utilize existing natural features and preserves and promotes native species. A twenty-foot-wide landscape buffer planting strip A shall also be submitted with the landscaping plan and shall address buffering of adjoining residential dwellings or appropriate sensitive areas in accordance with the requirements of Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
(2)
An applicant who desires to submit an application
for subdivision and/or land development approval of a business park
shall be required to first obtain a Zoning Officer certification stating
that the land is eligible for this use. Applications for the zoning
certification shall be processed as follows:
(a)
The applicant shall submit a detailed sketch plan showing the entire business campus site and meeting all requirements of Chapter 430, Subdivision and Land Development. The sketch plan shall identify the proposed structures and uses to be developed, general location of the common access points and internal street system, general location of stormwater management basins, interconnected parking areas and similar large features in addition to all requirements. Any proposal by the applicant to reduce the number of off-street parking spaces provided for each use within the business campus as a result of shared parking shall meet all requirements of Article III of this chapter.
(b)
The applicant shall submit a summary delineating
how applicant proposes to provide for integrated development. If the
land within the business park site is owned by more than one landowner,
applicant shall explain the relationships between the landowners and
the methods which will be used to ensure a single, integrated development.
C.
Permitted accessory commercial uses. The following
uses are permitted as accessory commercial uses in a business park:
(1)
Banks and financial institutions.
(2)
Restaurants, excluding drive-through service.
(3)
Catering and food preparation services.
(4)
Commercial child or adult day-care facilities.
(5)
Contractor's offices and shops, excluding outdoor
storage.
(6)
Adult continuing education facilities.
(7)
Emergency service facilities.
(8)
Hotels, motels.
(9)
Exercise and health clubs, including indoor and outdoor
facilities; maximum square footage of the building/buildings shall
not exceed 15,000 square feet.
(10)
Medical and dental offices and clinics.
(11)
Package delivery centers.
(12)
Public utilities and government facilities.
(13)
Wholesale warehousing facilities which do not
exceed 20,000 square feet in building size and where clientele are
specific users and retail sales are not conducted.
(14)
Indoor/outdoor recreation facilities, maximum
square footage of the building/buildings shall not exceed 50,000 square
feet.
(15)
Repair of household appliances and business
office equipment and machinery.
(16)
Bakery/pastry shops, specialty food shops, delicatessen,
including retail sales and excluding drive-through service.
D.
Other requirements. Except to the extent specifically
modified by this section, all business park development, and all individual
lots and structures to be created and/or developed as part of a business
park, shall comply with all other applicable requirements of this
chapter.
Campgrounds are permitted as provided in Article II herein and subject to the following criteria:
A.
The minimum lot size for all campgrounds shall be
50 acres;
B.
In no case shall there be more than 10 campsites per
acre within the campground;
C.
All campsites shall be located at least 100 feet from
any side or rear property line and at least 100 feet from any street
line;
D.
All outdoor play areas shall be set back 100 feet
from any property line and screened from adjoining properties. All
outdoor play areas shall be used exclusively by registered guests
and their visitors;
E.
A fifty-foot-wide landscaped buffer planting strip C shall be provided adjacent to all property lines. Street trees shall be provided along all public road right-of-way lines. Landscaping shall be provided in accordance with the requirements of Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
F.
All campgrounds shall furnish centralized completely
enclosed sanitary and garbage collection facilities that are leakproof
and vermin-proof that shall be set back a minimum of 200 feet from
any property line and shall be screened;
G.
Any accessory retail or accessory commercial uses
shall be set back a minimum of 200 feet from any property line. Such
accessory retail or commercial uses shall be solely designed and constructed
to serve the campground's registered guests and their visitors. Any
parking spaces provided for these retail or commercial uses shall
have vehicular access from the campground's internal road rather than
the public street. All accessory retail and commercial uses and related
parking spaces shall be screened from adjoining properties;
H.
Any reference to accessory commercial or recreational
facilities in the campground signage shall remain secondary in size
to the reference to the principal campground use;
I.
A minimum of 20% of the gross area of the campground
shall be devoted to active and passive recreational facilities;
J.
Every campground shall have an office and a public
phone. The public phone shall be accessible 24 hours per day, and
the office shall be staffed 24 hours per day;
K.
All water facilities, sewage disposal systems, rest
rooms, solid waste disposal and vermin control shall be approved and
maintained in accordance with the requirements of the PA DEP;
L.
All lighting shall be arranged and shielded so that
no glare of direct illumination shall be cast upon adjacent properties
or public streets;
M.
All campgrounds containing more than 100 campsites
shall have vehicular access to an arterial or collector street as
identified in this chapter;
N.
An internal road system shall be provided. The improved
cartway width of one-way access drives shall be at least 12 feet,
and the improved cartway width of two-way access drives shall be at
least 20 feet. On-drive parallel parking shall not be permitted;
O.
Roads and accessways shall be provided in such a manner
so that ingress and egress for each campsite lot can be had without
encroaching or entering upon any other campsite lot;
P.
The minimum area of a campsite shall be 2,500 square
feet and shall be so dimensioned, improved, and arranged that when
occupied no part of any unit including accessory attachments shall
be within 10 feet of any designated campsite lot line;
Q.
Each campsite may be occupied only by one recreational
vehicle or one trailer or one camper or one tent; or two tents; or
one recreational vehicle and one tent; or one trailer and one tent;
or one camper and one tent, and shall have one stabilized parking
space large enough for at least one RV and one automobile;
R.
No permanent structures shall be permitted on any
campsite other than fireplaces;
S.
No recreational vehicle may be parked within a campground
for more than 90 consecutive days. No recreational vehicle which has
been parked in a campground may return to that campground for a period
of at least 90 days;
T.
No persons shall be permitted to permanently reside
on any campsite; and
U.
A fire prevention and protection plan approved by
the local fire chief having jurisdiction shall be submitted with application.
Car wash facilities are permitted as provided in Article II herein and subject to the following criteria:
A.
Public sewer and public water facilities shall be
utilized and gray water recycling is required.
B.
For automatic and self-service car washes, each washing
bay shall provide a minimum one-hundred-foot long on-site stacking
lane which precedes the washing process. For full-service car washes,
such on-site stacking shall be a minimum of 300 feet per bay;
C.
For full-service car washes, a post-washing drying
area shall be provided for no less than six vehicles per washing bay;
D.
All structures housing washing apparatuses shall be
constructed to eliminate all noise exceeding 60 dBA as measured at
the property line, and set back 100 feet from any street right-of-way
line, 50 feet from any rear property line, and 20 feet from any side
lot line. The structure shall be screened to prevent lighting from
cars or the structure to shine upon adjoining properties;
[Amended 1-17-2008 by Ord. No. 2008-02]
E.
Trash receptacles shall be provided and routinely
emptied to prevent the scattering of litter, and the applicant shall
furnish and implement a working plan for the cleanup of litter and
debris;
F.
The subject property shall front on an arterial or
major collector road; and
G.
The applicant shall demonstrate adequate provision
for the collection and disposal of greases and wastes.
[Added 10-4-2018 by Ord.
No. 2018-08]
A.
The building and parking area of any Casino, category 4, shall not
be located within 500 feet of any residential zone, and no Casino,
category 4, building and parking area shall be located within 500
feet of any building the use of which is principally residential.
B.
No Casino, category 4, shall be located within 500 feet of any building
which contains, is used for or is associated with any one or more
of the following specified land uses:
(1)
Adult entertainment facilities.
(2)
Amusement park.
(3)
Camp (for minor's activity).
(4)
Child-care facility.
(5)
Church, synagogue, mosque or other similar religious facility.
(6)
Pawn shops.
(7)
Same-day check-cashing services.
(8)
Playground.
(9)
School or educational facility.
(10)
Other lands where minors congregate.
C.
The lot or property line of any casino, category 4, shall not be
located within 5,000 feet of the lot or property line of another casino.
D.
The distance between any two casinos shall be measured in a straight
line, without regard to intervening structures, from the closest point
on the exterior parcel line of each establishment. The distance between
any casino and any building which contains, is used for or is associated
with any land use specified above shall be measured in a straight
line, without regard to intervening structures, from the closest point
on the exterior of the building of such establishment to the closest
point on the exterior of the building which contains, is used for
or is associated with any said land uses.
E.
All noise levels shall not exceed 65 dba as measured at the property
line.
F.
All lighting shall be dark-sky friendly and be consistent with Chapter 283 of the Hellam Township Code of Ordinances. Methods of minimizing the overflow of lighting onto the surrounding community should be utilized.
G.
The casino, category 4, will be controlled so as not to constitute
a nuisance due to loitering outside the building; the applicant shall
furnish expert evidence as to how this will be accomplished. In no
event shall loitering be permitted outside any such establishment.
H.
A litter control plan shall be established, maintained and paid for
by the applicant and/or property owner to ensure that neither the
property where the use is being conducted nor adjoining properties
will be littered. The proposed plan shall be furnished as part of
the application. Trash receptacles shall be provided and routinely
emptied to prevent the scattering of litter, and the applicant shall
furnish and implement a working plan for the cleanup of litter and
debris.
I.
The applicant shall submit a land development application and plan in accordance with the requirements of Chapter 430, Subdivision and Land Development Ordinance.
J.
The casino, category 4, shall not create an atmosphere of enticement
for minors.
K.
The casino, category 4, shall comply with all laws, rules and regulations
of the United States of America, the Commonwealth of Pennsylvania,
and Hellam Township.
L.
All casinos, category 4, shall comply with the minimum lot area,
impervious coverage and yard requirements, for uses in the Commercial/Industrial
and/or Interchange Zoning Districts.
M.
The maximum permitted height for a casino, category 4, and associated
accessory structures shall not exceed 60 feet.
N.
All structures on the subject property shall be screened from any adjacent residential use. Screening shall meet the requirements of Chapter 430, Subdivision and Land Development.
O.
All casinos, category 4, shall utilize public water and sewer.
Cemeteries are permitted as provided in Article II herein and subject to the following criteria:
A.
For cemeteries exceeding two acres in size, the applicant
must demonstrate that the proposed location does not consist of prime
farmland;
B.
All burial plots or structures shall be located at
least 20 feet from any property line or street line;
C.
Assurances must be provided that water supplies of
surrounding properties will not be contaminated by burial activity
within the proposed cemetery; and
D.
No burial plots or facilities are permitted in floodplain
or flood fringe areas.
Churches are permitted as provided in Article II herein and subject to the following criteria:
A.
House of worship.
(1)
Minimum lot area: two acres;
(2)
Minimum lot width: 200 feet;
(3)
All houses of worship with a sanctuary seating capacity
of 250 or more persons shall have vehicular access to an arterial
or collector highway;
(4)
All houses of worship with a sanctuary seating capacity
of 250 or more persons shall utilize public water and public sewer
facilities;
(5)
Side yard setback: 50 feet on each side; and
(6)
All off-street parking areas shall be set back at
least 25 feet from the street right-of-way line.
B.
Church-related residences (rectories and convents).
(1)
All residential uses shall be accessory, and located
upon the same lot or directly adjacent to a lot containing a house
of worship; and
(2)
All residential uses shall be governed by the location,
height and bulk standards imposed upon other residences within the
site's zone, except that any number of persons of a convent and/or
seminary may share group quarters.
C.
Church-related educational or day-care facilities. Church-related educational or day-care facilities are permitted as provided in Article II herein and subject to the following criteria:
(1)
All educational or day-care uses shall be accessory,
and located upon the same lot as a house of worship;
(2)
If education or day-care is offered below the college
level, an outdoor play area shall be provided, at a rate of 65 square
feet per individual enrolled. Off-street parking lots shall not be
used as outdoor play areas. Outdoor play areas shall not be located
within the front yard and must be set back 25 feet from all property
lines. Outdoor play areas shall be completely enclosed by a minimum
four-foot high fence, and screened from adjoining residentially zoned
properties;
(3)
Enrollment shall be defined as the largest number
of students and/or children under educational and/or day-care supervision
at any one time during a seven-day period;
(4)
Passenger dropoff areas shall be provided and arranged
so that passengers do not have to cross traffic lanes on or adjacent
to the site;
(5)
All educational or day-care uses shall be governed
by the location, height, and bulk standards imposed upon principal
uses within the underlying zone; and
(6)
Unless the applicant can demonstrate that the off-street
parking associated with the house of worship is sufficient for the
proposed use, one off-street parking space shall be provided for each
six students enrolled below grade 10, and/or one off-street parking
space for each three students, grades 10 and above.
D.
Cemeteries.
(1)
All burial plots or structures shall be located at
least 20 feet from any property line or street line;
(2)
Assurances must be provided that water supplies of
surrounding properties will not be contaminated by burial activity
within the proposed cemetery; and
(3)
No burial plots or facilities are permitted in floodplain
or flood fringe areas.
Commercial convenience centers are permitted as provided in Article II herein and subject to the following criteria:
A.
No individual lot within the commercial convenience
center shall contain less than one acre nor be less than 150 feet
wide.
B.
A commercial convenience center shall include a combination
of at least three of the following uses:
(1)
Automobile filling stations (including accessory service
and/or repair facilities).
(2)
Banks and other similar financial institutions.
(3)
Barbers and beauty salons.
(4)
Convenience grocery and/or dairy stores.
(5)
Dry cleaner store branches (not including on-site
cleaning).
(6)
Pharmacies and/or drugstores.
(7)
Photocopying stores.
(8)
Photographic studios.
(9)
Restaurants, including fast-food facilities, but excluding
drive-through facilities.
(10)
Retail sales of stationery, office supplies.
C.
No commercial convenience center shall exceed two
acres in size.
[Amended 1-18-2007 by Ord. No. 2007-01]
D.
All buildings, structures, parking lots, off-street loading areas, signs, dumpsters, and access drives associated with a commercial convenience center shall be set back at least 100 feet and provide a fifty-foot-wide landscape buffer planting strip C from any adjoining property within the R or RA Zones or any residential use. All landscaping must be in accordance with the requirements of Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
E.
No more than two access drives shall provide vehicular access to a commercial convenience center. All access shall comply with the provisions of Article III.
F.
Street trees shall be provided along any street frontage in accordance with Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
G.
Commercial convenience centers shall be linked to
surrounding zone development by safe and convenient walkways.
[Added 1-18-2007 by Ord. No. 2007-01]
[1]
Editor’s Note: Former §§ 490-66, Communication
antennas on existing structures, as amended, and 490-67, Communication
antennas, towers and equipment, were repealed 12-6-2018 by Ord. No.
2018-09.
Contractor's offices or shops are permitted as provided in Article II herein subject to the following criteria:
A.
The applicant shall provide a detailed description
of the proposed use in each of the following topics and a complete
land development application shall be submitted to the Township once
the special exception application has been approved:
(1)
The nature of the on-site activities and operations,
the types of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with the state and federal regulations.
(2)
The general scale of operation in terms of its market
area, specific floor space requirements for each activity, the total
number of employees of each shift, and an overall needed site size.
(3)
Any environmental impacts that are likely to be generated
(e.g., noise, smoke, dust, litter, glare, outdoor lighting, vibration,
electrical disturbance, wastewater, stormwater, solid waste, etc.),
including specific measures employed to mitigate or eliminate any
negative impacts. The applicant shall further furnish evidence that
the impacts generated by the proposed use fall within acceptable levels
as regulated by applicable laws and ordinances.
B.
The maximum lit size shall be two acres and the total
maximum building area shall not exceed with 8,000 square feet.
C.
A traffic impact report shall be prepared by a professional traffic engineer, according to the requirements of Chapter 430, Subdivision and Land Development.
D.
Retail sales shall not exceed 20% of the floor area.
E.
Outdoor storage of materials is prohibited, unless located in the rear yard and a minimum of 30 feet from all property lines consisting of a thirty-foot-wide landscape buffer planting strip B in accordance with the requirements of Ch. 280, Landscaping. The maximum area of outdoor storage shall be 750 square feet.
[Amended 10-17-2019 by Ord. No. 2019-07]
Convention centers are permitted as provided in Article II herein and subject to the following criteria:
A.
Convention centers may include any of the following
uses, provided such uses are primarily sized, located and designed
as one integrated development:
(1)
Banquet and social halls.
(2)
Commercial day-care facilities.
(3)
Health and fitness clubs.
(4)
Hotels and motels.
(5)
Indoor theaters and recreation facilities.
(6)
Information centers and booths.
(7)
Meeting rooms.
(8)
Offices.
(9)
Retail services.
(10)
Restaurants (excluding fast-food restaurants).
(11)
Retail shops and concessionaires.
(12)
Taverns and nightclubs.
B.
Minimum required lot area: 10 acres.
C.
All uses shall be served by both public sewer and
public water utilities.
D.
Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in Article III of this chapter. In addition, an unimproved grassed overflow parking area shall be provided for peak use. If, at any time after the opening of the facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the lack of on-site parking, the Supervisors can require the applicant to revise and/or provide additional on-site parking space.
E.
Any booths or other structures 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 (roaming parking lot attendants) shall
be conducted in a manner to prevent vehicle backups on adjoining roads
If, at any time after opening, the Township determines that traffic
backups are occurring on adjoining roads, and such backups are directly
related to the means of access to the subject property, the Township
can require the applicant to revise means to relieve the undue congestion.
F.
The applicant shall furnish expert evidence that the
proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, noise, light, litter, dust, and pollution.
G.
Those uses involving extensive outdoor activities
and/or display shall provide sufficient screening and/or landscaping
measures to mitigate any visual and/or audible impacts on adjoining
properties and roads. No outdoor storage is permitted.
H.
A traffic impact report shall be prepared by a professional traffic engineer, according to requirements of Chapter 430, Subdivision and Land Development.
I.
No exterior public address system shall be permitted.
J.
All uses within the convention center shall be linked
with sidewalks and/or pathways to facilitate safe and efficient pedestrian
movements.
Commercial day-care facilities are permitted as provided in Article II herein and subject to the following criteria:
A.
Outdoor play areas. Off-street parking compounds shall
not be used as outdoor play areas. Outdoor play areas shall not be
located within the front yard. Additionally, outdoor play areas shall
be located and designed so as not to disrupt normal activities of
adjoining uses permitted within the Zone and/or neighborhood. Outdoor
play areas shall be completely enclosed by a minimum four-foot high
fence and screened from adjoining residentially zoned properties;
B.
Enrollment shall be defined as the largest number
of persons and/or children under day-care supervision at any one time
during a seven-day period;
C.
Passenger dropoff and pickup areas shall be provided
on site and arranged so that the passengers do not have to cross traffic
lanes on or adjacent to the site;
D.
All commercial day-care facilities shall obtain and
maintain proper licensure from the Commonwealth of Pennsylvania; and
E.
The applicant shall demonstrate that adequate safeguards
are provided to protect students from nearby industrial activities
and uses.
Family day-care facilities are permitted as provided in Article II herein and subject to the following criteria:
A.
All family day-care facilities shall furnish a valid
registration certificate for the proposed use, issued by the PA Department
of Public Welfare, if required;
B.
Outdoor play areas shall not be located within the
front yard nor any vehicle parking lot. Outdoor play areas shall be
set back at least five feet and screened from any adjoining residentially
zoned property. A minimum four-foot-high fence shall completely enclose
the outdoor play area;
C.
Passenger dropoff and pickup areas shall be provided
on site and arranged so that passengers do not have to cross traffic
lanes on or adjacent to the site.
Dry cleaners and laundries are permitted as provided in Article II herein and subject to the following criteria:
A.
Public sewer and water shall be used;
B.
All activities shall be conducted within a completely
enclosed building;
C.
During operation or plant cleanup and maintenance,
all windows and doors on walls facing adjoining residential zones
shall be kept closed; and
D.
Any exhaust ventilation equipment shall be directed
away from adjoining residentially zoned property.
[Added 10-4-2018 by Ord.
No. 2018-06[1]]
A.
The venue shall be owned and operated by the owners of the property.
B.
Event structures and/or tenting and/or canopies, including parking
and driveway, shall be at least 50 feet from any side or rear property
line in the MU-1, MU-2, C/I and I Zones and at least 250 feet from
any side or rear property line in the RA Zone.
C.
Event structures and/or tenting and/or canopies and parking lot shall
be set back at least 50 feet from the street right-of-way in the MU-1,
MU-2, C/I and I Zones and 250 feet in RA Zone.
D.
All lighting shall be dark sky friendly and be consistent with Chapter 283 of the Hellam Township Code of Ordinances. Methods of minimizing the overflow of lighting onto the surrounding community should be utilized.
E.
Tenting and/or canopies for events shall be temporary in nature.
F.
Event capacities will not exceed one person per 20 square feet of
gross floor area. Event capacities are also regulated by the most
recent International Fire Code. The more strict capacity shall have
precedence.
G.
The applicant shall furnish evidence that adequate water supply and
sewage disposal can be provided. If public sanitary sewer is not available,
then the on-site sewage disposal system shall be designed and sized
to accommodate the proposed facility.
(1)
The applicant shall furnish evidence of adequate provisions
for water and sewage disposal. Events with capacities of 150 or more
people shall utilize public water and sewer.
H.
Facilities with a capacity of 100 or more people shall have direct
vehicular access to an arterial or collector highway.
I.
Any building, structure, tenting, canopies or parking area of an
event venue shall not be located within 100 feet in MU-1 and MU-2,
C/I and I Zones and 250 feet in the RA Zone of any building the use
of which is principally residential.
J.
The subject property shall be screened from any adjacent residential use. Screening shall meet the requirements of Chapter 430, Subdivision and Land Development.
K.
Only food for events may be prepared on site. No restaurant facilities
are permitted. No catering to outside businesses/people/events is
permitted.
L.
All appropriate state licenses shall be obtained for including, but
not limited to, serving alcoholic beverages and food preparation.
M.
The applicant shall furnish evidence that the proposed use will not
be louder than 65 db when measured at the property line.
N.
All events must end by 10:00 p.m. in the RA Zone with no time limitation
in the MU-1, MU-2, C/I, and I Zones.
O.
Event venues are permitted only as an accessory use to the principal
use of the property in the RA Zone and cannot exceed two acres for
entire facility use, which includes structures and/or tents and/or
canopies and parking.
[Amended 8-15-2019 by Ord. No. 2019-04]
Secondary farm occupations may be permitted as provided in Article II subject to the following criteria:
A.
All lighting shall be dark-sky friendly and be consistent with Chapter 283 of the Hellam Township Code of Ordinances. Methods of minimizing the overflow of lighting onto the surrounding community should be utilized.
B.
No more than the equivalent of two full-time nonresidents shall be
employed by the secondary farm occupation, and at least one owner/operator
of the secondary farm occupation must reside on the site;
C.
The use must be conducted within one completely enclosed building.
Where practicable, the secondary farm occupation shall be conducted
within an existing farm building. However, any new building constructed
for use by the secondary farm occupation shall be located behind the
farm's principal buildings, or located no less than 100 feet of any
side or rear lot line, nor less than 300 feet of any adjoining land
within a residential zone. Such distances shall be measured as a straight
line between the closest points of any physical improvement associated
with the secondary farm occupation and the property/zoning line.
D.
Any new building constructed for use by the secondary farm occupation
shall be of a design so that it can be readily converted to agricultural
use, or removed, if the secondary farm occupation is discontinued;
E.
The applicant shall furnish evidence that the proposed use will not
be louder than 65 db when measured at the property line.
F.
The secondary farm occupation shall occupy no more than one acre
of lot area; however, any access drive serving the secondary farm
occupation and the farm shall not be calculated as land serving the
secondary farm occupation; and
G.
No more than 50% of the land devoted to a secondary farm occupation
shall be covered by buildings, structures, parking or loading areas,
or any other impervious surfaces.
Farmers markets and/or flea markets are permitted as provided in Article II herein and subject to the following criteria:
A.
The retail sales area shall be considered to be that
of the smallest rectangle, or other regular geometric shape which
encompasses all display stands, booths, tables or stalls, plus any
adjoining aisles and/or walkways from which consumers can inspect
items for sale. The retail sales shall include all indoor and/or outdoor
areas as listed above;
B.
The retail sales area shall be set back at least 50
feet from all property lines, and shall be calculated as part of the
maximum permitted lot coverage, regardless of its surface treatment;
C.
All outdoor display and sales of merchandise shall
not begin prior to one hour before official sunrise and shall cease
no later than one hour after official sunset;
D.
No exterior amplified public address system shall
be permitted;
E.
The applicant shall be required to demonstrate adequacy
of sewage disposal and water supply; and
F.
Exterior trash receptacles shall be provided amid
any outdoor retail sales area. Such trash receptacles shall be routinely
emptied so as to prevent the scattering of litter and debris. All
applications shall include a description of a working plan for the
cleanup of litter.
Farm-related businesses are permitted as provided in Article II herein and subject to the following criteria:
A.
The applicant must provide evidence that the proposed
use is important to local farming and is specifically sized to primarily
serve local users. All activities and services shall be directed at
meeting the needs of those engaged in local farming. The facility
shall be directed at providing materials and services needed to farm,
rather than the distribution of goods produced on the farm. Some examples
of farm-related businesses (if suitably sized) include, but need not
be limited to:
B.
The farm-related business shall occupy no less than
one acre and no more than two acres. The applicant shall show that
the size of the site is the minimum needed to conduct the farm-related
business;
C.
The design of a farm-related business shall be governed by the design standards for the Commercial/Industrial Zone, as listed in Article II of this chapter;
D.
The length of any on-site access drive(s) shall be
sufficient to allow the stacking of delivery and/or customer vehicles.
Furthermore, any use that potentially involves the movement of vehicles
through mud and/or manure shall provide a paved apron of at least
50 feet from the street right-of-way. In addition, another fifty-foot
gravel section shall be located just beyond the paved apron;
E.
Any outdoor storage of supplies, materials and products
shall be screened from adjoining roads and properties. The display
of farm equipment for sale shall be excluded from this provision;
and
F.
Any building constructed for use by the farm-related
business (unless uniquely suited to that business) shall be of a type
so that it can be converted to agricultural use in the event the farm-related
business is discontinued (e.g., barn or shed).
Golf courses and driving ranges are permitted as provided in Article II herein and subject to the following criteria:
A.
In no case shall the golf course design permit or
encourage a golf ball to be driven across any building, building lot,
parking lot, street, access drive, or driveway;
B.
Golf cart paths shall not be permitted to cross any
public road at grade;
C.
All buildings shall be set back 75 feet from any adjoining
roads and 100 feet from adjoining residential structures or parcels;
D.
Golf courses may include the following accessory uses,
provided such uses are reasonably sized, and located so as to provide
incidental service to the golf course employees and users:
(1)
Clubhouse, which may consist of:
(a)
Administrative offices;
(b)
Baby-sitting rooms and connected fence-enclosed
playlots;.
(c)
Game rooms, including card tables, billiards,
ping-pong, video games, pinball machines, and other similar table
games;
(d)
Golf cart and maintenance equipment storage
and service facilities;
(e)
Fitness and health equipment, including workout
machines, spas, whirlpools, saunas, and steamrooms;
(f)
Locker and rest rooms;
(g)
Pro shop; and
(h)
Restaurant, snack bar, lounge, and banquet facilities.
(2)
Accessory recreation amenities located outside of
a building, including:
(a)
Bocce ball, croquet, shuffleboard, quoits, horseshoe
pits, and washers courses;
(b)
Driving range, provided that the applicant shall
furnish expert evidence that all lighting has been arranged to prevent
glare on adjoining properties and streets;
(c)
Hiking, biking, horseback riding, and cross-country
ski trails.
(d)
Picnic pavilions, picnic tables, park benches,
and barbecue pits.
(e)
Playground equipment and playlot games, including
four-square, dodgeball, tetherball, and hopscotch;
(f)
Practice putting greens;
(g)
Swimming pools; and
(h)
Tennis, platform tennis, handball, racquetball,
squash, volleyball, and badminton courts.
(3)
Freestanding maintenance equipment and supply buildings
and storage yards.
E.
All outdoor storage of maintenance equipment and/or
golf carts shall be set back at least 100 feet and screened from adjoining
residential properties and roads; and
F.
All dumpsters and off-street parking and/or loading
areas shall be screened from adjoining or nearby residences. In addition,
all off-street loading and dumpsters shall be screened from adjoining
roads.
Health and fitness clubs are permitted as provided in Article II herein and subject to the following criteria:
A.
Off-street parking shall be provided as required by
the combination of elements comprising the health club, including
accessory uses;
B.
All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line (subject to the requirements of § 490-43), at least 25 feet from all other lot lines, and at least 100 feet from any residentially zoned properties; and
C.
Any accessory eating facilities, or retail use, shall
not be directly accessible without passing through the main clubhouse
building.
Health care campuses, nursing homes, and hospitals are permitted as provided in Article II herein and subject to the following criteria:
A.
Minimum lot area: five acres.
B.
The subject property shall have direct access to an
arterial road.
C.
Adequate provision shall be made for a system of roads
sufficient to accommodate predictable vehicular traffic and to ensure
safe and efficient vehicular access for emergency management equipment.
D.
The applicant shall provide an overall landscaping plan for the health care campuses, nursing homes, and hospitals which attempts to incorporate and utilize existing natural features and preserves and promotes native species. A fifty-foot-wide landscape buffer planting strip C shall also be submitted with the landscaping plan and shall address buffering of adjoining residential dwellings or appropriate sensitive areas in accordance with the requirements of Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
E.
Emergency entrances shall be located on a building
wall which faces away from adjoining residentially zoned properties
or adjacent residential use or is separated by at least 300 feet from
residentially zoned properties or adjacent residential use.
G.
Public sewer and public water utilities shall be utilized.
H.
Materials and waste handling. If requested by the
Township, all health care-related uses shall furnish information regarding
materials and waste handling, including:
(1)
Listing of all materials to be both used or produced
on the site.
(2)
Listing of all wastes generated on the site; and
(3)
Evidence shall be provided indicating that the disposal
of all materials and wastes will be accomplished in a manner that
complies with state and federal regulations. Such evidence shall,
at a minimum, include copies of contracts with waste haulers licensed
to operate within the county which have been contracted to dispose
of the materials and wastes used or generated on-site or some other
legal means of disposal. The zoning permit for this use shall remain
valid only so long as such contracts remain in effect and all materials
and wastes are properly disposed of on a regular basis. Should the
nature of the use change in the future, such that the materials used
or wastes generated changes significantly either in type or amount,
the owner shall so inform the Zoning Officer, and shall provide additional
evidence demonstrating continued compliance with the requirements
of this section.
I.
Where more than one of the uses enumerated in Subsection J below are proposed either at one time or separately over time, integrated site function and design shall be required consistent with the creation of a campus-like environment.
J.
Permitted uses:
(1)
Commercial day-care facilities.
(2)
Commercial schools with exclusively health care-related
curricula intended to prepare enrolled students for careers in health
care, nursing schools, and other allied health technology training
programs.
(3)
Health and fitness clubs.
(4)
Hospitals and hospices.
(5)
Intermediate care and skilled nursing facilities.
(6)
Medical offices.
(7)
Outpatient health services, including, but not limited
to, laboratories, radiological and diagnostic imaging services, blood
banks, outpatient surgery centers, and outpatient clinics and patient
care facilities.
(8)
Accessory buildings, uses and services customarily
incidental to the above uses, including, but not limited to, the following:
(a)
Administrative offices.
(b)
Public uses and essential services (e.g., private
central utility plant, electrical switching facility, steam-generation
facility, heating facility, ventilation facility, and oxygen facility).
(c)
Automobile parking lots and parking garages.
(d)
Housing for students, employees and their families
in accordance with the standards of the R Zone.
(e)
Lodging facilities for patients and their families.
(f)
Retail sales of medical/health care-related
supplies (e.g., durable medical equipment, prosthetics, pharmaceutical
supplies) and retail sales/service for the convenience of employees,
patients and visitors (e.g., uniforms, flowers, gifts, uniform cleaning,
barber/beauty salons, automatic teller banking, restaurants). All
retail sales and services shall be located within buildings in which
other permitted uses are located. Retail sales and services may not
exceed 5% of the floor area of existing buildings within this Zone.
(g)
Short-term, intermittent educational programs
which are not intended to prepare students for careers in health care,
but, rather, are intended to inform employees, patients, health care
providers, or the public regarding health care issues.
(h)
Helistop.
(i)
Incinerators and autoclaves.
K.
Specific requirements for selected accessory uses.
(1)
Helistops. The helistop shall only be used for the
emergency transport by helicopter of patients to or from other permitted
health care-related uses. The helistop shall not include auxiliary
facilities, such as fueling and maintenance equipment. The helistop
shall meet all requirements for heliports as a principal use. The
applicant must demonstrate compliance, through a written statement,
and continue to comply with applicable state and federal standards;
and
(2)
Incinerators and autoclaves. Only the processing of
waste generated on-site is permitted. All processing and storage of
waste shall be conducted within a completely enclosed building. All
storage of waste shall be in a manner that is leak- and vector-proof.
No on-site storage of waste shall exceed seven days. The incinerator
shall be set back at least a distance equal to its height from all
lot lines. The applicant must demonstrate compliance, through a written
statement, and continue to comply with all applicable state and federal
standards and regulations.
L.
The applicant shall furnish a description of the effect
of the proposed use on the delivery of ambulance service. This description
shall include a letter from the agency responsible for ambulance service
in the site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use,
and any suggestions that might enhance ambulance service. Should it
be determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
Home improvement and building supply stores are permitted as provided in Article II herein and subject to the following criteria:
A.
The retail sales area shall be all areas open for
public display, including but not limited to shelves, racks, bins,
stalls, tables, and booths, plus any adjoining aisles or walkways
from which consumers can inspect items for sale. The retail sales
area shall include both interior and exterior areas as listed above;
B.
All exterior retail sales areas shall include a dust-free
surface and a completely enclosed minimum six-foot-high fence and
gate;
C.
All exterior storage and retail sales areas (exclusive
of nursery and garden stock) shall be located within a side and/or
rear yard, and shall be screened from adjoining roads and properties;
D.
No exterior public address system shall be permitted;
E.
Any drilling, cutting, sawing, mixing, crushing or
some other preparation of building materials, plus any testing or
repair of motorized equipment shall be conducted within a completely
enclosed building; and
Home occupations are permitted as provided in Article II herein and subject to the following criteria:
A.
The use shall be clearly incidental to the primary
use of the premises as a dwelling for living purposes;
B.
Only a person who is a resident of the dwelling may
be engaged in the home occupation use;
[Amended 1-17-2008 by Ord. No. 2008-02]
C.
No more than one home occupation may be located in
any dwelling unit;
D.
The home occupation shall not alter the appearance
of the building as a dwelling unit;
E.
Any mechanical equipment employed in a home occupation
shall be inaudible at the property line;
F.
No sales of any goods or merchandise shall occur on
the premises, other than those goods or merchandise which are produced
on the premises;
G.
Any proposed manufacturing, other than the products
of customary hobbies and fabrication of garments by a seamstress shall,
if requested, provide written evidence that the storage, use and disposal
of materials and wastes shall be accomplished in a manner that complies
with all applicable federal, state, and county requirements;
H.
No goods shall be displayed so as to be visible from
the exterior of the premises;
I.
Home occupations shall be limited to not more than
30% of the floor area of the dwelling unit, or 500 square feet, whichever
is less;
J.
Within the R Zone, no accessory building or structure
shall be utilized for any aspect of a home occupation; and
K.
The applicant shall submit evidence of all applicable
state approvals
Hotels, motels, and similar lodging facilities are permitted as provided in Article II herein and subject to the following criteria:
A.
Minimum lot area: five acres.
B.
Both public sewer and public water shall be utilized.
C.
The following accessory uses may be approved as part
of the application:
D.
The above accessory uses (aside from outdoor recreational
uses) shall be physically attached to the main hotel building except
that one freestanding restaurant, tavern or nightclub shall be permitted
on the same lot as a principal hotel, subject to the following:
(1)
The proposed restaurant, tavern or nightclub shall
offer the preparation and serving of food and drink to be consumed
on the premises, no drive-through or takeout services shall be permitted;
(2)
No additional freestanding signs (other than those
permitted for the principal hotel use) shall be permitted;
(3)
If a nightclub is proposed, the applicant shall furnish
evidence as to what means assure that the proposed nightclub will
not constitute a nuisance to adjoining uses (including the hotel)
by way of noise, litter, loitering and hours of operation;
(4)
Sufficient required off-street parking spaces have
been provided and located to conveniently serve the freestanding restaurant,
tavern and/or nightclub without interfering with required off-street
parking associated with the hotel use; and
(5)
No part of any nightclub or tavern shall be located
within 600 feet of any residentially zoned land.
[1]
Editor’s Note: Former § 490-82, Intensive animal
operations, was repealed 8-15-2019 by Ord. No. 2019-04.
Junkyards are permitted as provided in Article II herein and subject to the following criteria:
A.
Minimum lot area: 10 acres;
B.
The outdoor area devoted to the storage of junk shall
be completely enclosed by an eight-foot high, sight-tight fence which
shall be set back at least 50 feet from all property lines and 100
feet from residentially zoned properties;
C.
Provide a twenty-foot-wide landscape buffer planting strip D in accordance with the requirements of Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
D.
The setback area between the fence and the lot lines
shall be kept free of weeds and all scrub growth;
E.
All completely enclosed buildings used to store junk
shall be set back at least 50 feet from all property lines;
F.
No material may be stored or stacked so that it is
visible from adjoining properties and roads;
G.
All additional federal and state laws shall be satisfied;
H.
All junk shall be stored or arranged so as to permit
access by fire-fighting equipment and to prevent the accumulation
of water, and with no junk piled to a height greater than eight feet;
I.
No material shall be burned at any time;
J.
Any junkyard shall be maintained in such a manner
as to cause no public or private nuisance, nor to cause any offensive
or noxious sounds or odors, nor to cause the breeding or harboring
of rats, flies, or other vectors; and
K.
No junkyard shall be located on land with a slope
in excess of 5%.
Laboratories for scientific or industrial research and development are permitted as provided in Article II herein and subject to the following criteria:
A.
The applicant shall provide a detailed written description
of the proposed use in each of the following topics:
(1)
The nature of the on-site operations, the materials
used, the products produced, and the generation and methods for disposal
of any wastes and/or by-products. In addition, the applicant shall
furnish evidence that the storage and disposal of materials will be
accomplished in a manner that complies with state and federal regulations;
(2)
The total number of employees on each shift, and an
overall needed site size;
(3)
Any environmental impacts that are likely to be generated
(e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical
disturbance, wastewater, stormwater, solid waste, etc.) and specific
measures employed to mitigate or eliminate any negative impacts. The
applicant shall further furnish expert evidence that the impacts generated
by the proposed use fall within acceptable levels as regulated by
applicable laws and ordinances; and
The land application of sewage sludge is permitted as provided in Article II herein and subject to the following criteria:
[Added 12-6-2012 by Ord. No. 2012-05]
Large solar energy systems are permitted as provided in Article II herein and subject to the following criteria:
A.
The applicant shall provide the following information:
(1)
A plan, prepared by a Pennsylvania-registered professional engineer,
indicating the location of all existing and proposed facilities on
the subject tract, property limits, required setbacks, utility locations
and locations of any ground-mounted equipment.
(2)
Calculations indicating both the existing and proposed building
coverage and impervious coverage for the subject tract.
(3)
A narrative addressing how the proposed facility's impacts will
be minimized for the surrounding properties. This should include,
at a minimum, information regarding site selection, facility design
or appearance, buffering and screening of ground-mounted equipment.
(4)
Solar panels shall be placed such that concentrated radiation
or glare shall not be directed onto nearby properties or roadways.
(5)
Submission of a landscape plan, prepared by a Pennsylvania-registered landscape architect, indicating appropriate screening for the proposed facility. Vegetative screening shall be in accordance with § 490-85.1M of this chapter.
(6)
If applicable, the applicant shall provide to the Township a
copy of the agreement between the landowner of the real property on
which the solar energy facility is to be located and the facility
owner, demonstrating that the facility owner has permission of the
landowner to apply for necessary permits or approvals for construction
and operation of the solar energy facility.
B.
Large-scale solar energy facilities shall be considered land development.
C.
Dimensional requirements.
(1)
Lot coverage. Only the base or foundation of the solar panel
that is affixed to the land, rather than the entire solar panel, shall
be considered impervious cover, provided that there is adequate space
between panels for water to flow off of the collector onto a pervious
surface.
(2)
A ground-mounted solar energy system shall not exceed the maximum
building height for the zoning district in which it is located.
(3)
Ground-mounted solar energy systems shall meet the setback requirements
for the underlying zoning district.
(4)
When a building is necessary for the storage of cells and/or
equipment or components related to the solar energy system, the building
must not exceed 400 square feet in area, must not exceed 15 feet in
height and must not be located within any side, rear or front yard
setback.
D.
Signage.
(1)
Clearly visible warning signs shall be placed at the base of
all pad-mounted transformers and substations, and on the fence, barrier
or perimeter of large-scale solar energy systems, to inform individuals
of potential voltage hazards.
(2)
A solar energy system shall not be used to display advertising,
including signage, streamers, pennants, spinners, reflectors, ribbons,
tinsel, balloons, flags, banners or similar materials. The manufacturer's
and equipment information, warning, or indication of ownership shall
be allowed on any equipment of the solar energy system, provided they
comply with the prevailing sign regulations.
E.
All ground-mounted large solar energy facilities shall be enclosed
by a fence, barrier or other appropriate means to prevent or restrict
unauthorized persons or vehicles from entering the property.
F.
Proof that the design of the large solar energy system conforms to
the applicable industry standards, including those of the ANSI, Underwriters'
Laboratories (UL), the ASTM, or other similar certifying organizations,
and shall comply with the Building Code and with all other applicable
fire and life safety requirements. The manufacturer's specifications
shall be submitted as part of the application.
G.
All solar energy system installations must be certified by a professional
firm from a list of approved solar electric installers provided on
the Pennsylvania Sunshine Program website operated by the Pennsylvania
Department of Environmental Protection or from the North American
Board of Certified Energy Practitioners.
H.
On-site transmission and power lines shall, to the maximum extent
practicable, be placed underground.
I.
Ground-mounted solar energy systems shall not be placed within any
legal easement or right-of-way location, or be placed within any stormwater
conveyance system or in any other manner that would alter or impede
stormwater runoff from collecting in a constructed stormwater conveyance
system.
J.
The owner of the large solar energy production facility shall be
required to provide a certificate of insurance to the Township providing
evidence of liability insurance of not less than $1,000,000 and naming
the Township as an additional insured on the policy or policies of
the owner and/or lessee.
K.
At the time of issuance of the permit for the construction of the
large solar energy production facility, the owner shall provide financial
security in form and amount acceptable to the Township to secure the
expense of dismantling and removing said structures.
L.
Any change in ownership of the property shall be registered with
the Township within 30 days of said change in ownership.
M.
Vegetative screening.
(1)
All materials used for screening shall be six feet at initial
planting or shall reach a minimum height of six feet above the finished
grade of the land at the site of planting within two years of planting.
(2)
Planting materials shall be permanently maintained in order
to ensure effective screening and shall be replaced when necessary.
(3)
All required trees, shrubs and yard ground cover shall be native
trees and shrubs from a list developed by the Hellam Township Environmental
Advisory Council (EAC). The list of acceptable native trees and shrubs
for buffer planting, screening and landscaping shall be maintained
by Hellam Township and provided to anyone by the Zoning Officer upon
request.
(4)
Vegetative screen must be comprised of plant material that will
provide a minimum opacity of 80% in winter and 80% in summer. One
of the following arrangements shall be utilized:
(a)
Screen planting shall contain three staggered rows of vegetative
material. This screen planting shall consist of one row of fast-growing
needled evergreens spaced not more than 12 feet on center and two
rows of deciduous trees, with a minimum height potential of 20 feet,
spaced not more than 25 feet on center.
(b)
Screen plantings shall contain two staggered rows of vegetative
material. Seventy-five percent shall be fast-growing needled evergreens
planted 10 feet on center and staggered for effective screening. The
remaining 25% shall be deciduous trees planted in staggered clusters,
with 25 feet being the maximum spacing between trees.
(c)
Screen planting shall contain two staggered rows of vegetative
material. Seventy-five percent shall be fast-growing needled evergreens
planted 10 feet on center and staggered for effective screening. Fifteen
percent shall be deciduous trees planted in staggered clusters 25
feet on center. The remaining 10% shall be staggered shrub masses
used as understory plants and in combination with deciduous tree clusters.
The maximum spacing for shrubs shall be four feet on center. The deciduous
trees and shrubs are suggested to break up the straight line planting
of one type of planting material.
N.
Decommissioning.
(1)
The large solar energy production facility owner is required
to notify the Township immediately upon cessation or abandonment of
the operation. The large solar energy production facility owner shall
then have 12 months in which to dismantle and remove the large solar
energy production facility from the property.
(2)
If a ground-mounted solar energy system is removed, any earth
disturbance as a result of the removal of the ground-mounted solar
energy system shall be graded and reseeded.
(3)
If a ground-mounted solar energy system has been abandoned (meaning
not having been in operation for a period of six months) or is defective
or is deemed to be unsafe by the Hellam Township Building Code Official,
the solar energy system shall be required to be repaired by the owner
to meet federal, state and local safety standards, or be removed by
the property owner within the time period allowed by the Hellam Township
Building Code Official. If the owner fails to remove or repair the
defective or abandoned solar energy system, the Township may pursue
a legal action to have the system removed at the owner's expense.
Laundromats are permitted as provided in Article II herein and subject to the following criteria:
A.
Public sewer and water shall be used.
B.
All activities shall be conducted within a completely
enclosed building.
C.
Any exhaust ventilation equipment shall be directed
away from adjoining residential use or residentially zoned property.
D.
The applicant shall offer testimony that the proposed
use will be controlled so as to not constitute a nuisance due to noise
or loitering inside and outside the building which may require a security
surveillance plan indicating the method(s) to be implemented to ensure
the safety of patrons and nearby property owners.
[Amended 1-17-2008 by Ord. No. 2008-02]
Manufacturing, storage, warehousing and wholesale trade is permitted as provided in Article II herein and subject to the following criteria:
A.
The applicant shall provide a detailed written description
of the proposed use in each of the following topics:
(1)
The nature of the on-site processing operations, the
materials used in the process, the products produced, and the generation
and methods for disposal of any wastes and/or by-products. In addition,
the applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations;
(2)
The total number of employees on each shift, and an
overall needed site size;
(3)
Any environmental impacts that are likely to be generated
(e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical
disturbance, wastewater, stormwater, solid waste, etc.) and specific
measures employed to mitigate or eliminate any negative impacts. The
applicant shall further furnish expert evidence that the impacts generated
by the proposed use fall within acceptable levels as regulated by
applicable laws and ordinances; and
B.
Any use requiring more than domestic water supply
and/or residential sewage disposal requires public sewer and water.
Medical clinics are permitted as provided in Article II herein and subject to the following criteria:
A.
Public sewer and water shall be used.
B.
Any accessory services, including laboratories and
pharmacies for the use of patients visiting medical practitioners
in the clinic, may be permitted as part of the clinic facility, subject
to the following specific conditions:
(1)
All entrances to parts of the building in which these
accessory services are provided shall be from within the building
and shall not be directly accessible without passing through the building.
(2)
The hours during which these services are provided
shall be the same as those during the regular operation hours of the
principal clinic.
Medical residential campuses are permitted as provided in Article II herein and subject to the following criteria:
A.
The campus shall primarily serve the needs of retirement-aged
persons. At least one resident of each household shall be at least
50 years old, or possess some handicap that can be treated within
a setting like the medical residential campus;
B.
The campus shall achieve a balanced residential/medical
environmental which cannot be achieved through the use of conventional
zoning techniques;
C.
Residences shall be functionally, physically, and
architecturally integrated with medical service and recreational activity
centers;
D.
Commercial, medical, and recreational uses shall be
grouped together and located near the populations being served;
E.
The minimum land area devoted to the campus shall
be 10 contiguous acres;
F.
The site shall have direct access to a major collector
or arterial road;
G.
All buildings or structures containing nonresidential
use(s), off-street parking lots and loading areas shall be set back
at least 75 feet from all adjoining residentially zoned land, and
50 feet from all lot lines of the campus property;
H.
The maximum permitted overall density shall not exceed the maximum permitted density of the zone in which the facility is to be located. Transferable development rights may be used as provided in Articles III and VIII herein For purposes of this section, each 1.5 care beds associated with a medical use shall constitute one dwelling unit. No less than 50% and no more than 15% of the total number of permitted dwelling units shall consist of care beds;
I.
All buildings or structures used solely for residential
purposes shall be set back at least 50 feet from all lot lines of
the campus property;
J.
The maximum permitted height shall be equal to that
which is permitted within the underlying zone. The maximum height
may be increased to 60 feet, provided one development right is used
for each dwelling unit in excess of the height permitted by the underlying
zone, provided that an additional two feet of required building setback
shall be provided for each one foot of height for that portion of
building height exceeding 35 feet. Furthermore, any building with
floor space exceeding 35 feet in height shall require the applicant
to obtain a letter from the Township Emergency Management Coordinator
indicating that adequate provision has been made for fire fighting
and rescue activities;
K.
Each off-street parking lot shall provide at least
20% of the total parking spaces as those designed for the physically
handicapped. Furthermore, such parking spaces shall be located throughout
the campus in such a manner to be conveniently accessible to the buildings/uses
for which they are required;
L.
Only those uses which provide a harmonious, balanced
mix of medical, residential, limited commercial and recreational uses,
primarily serving campus residents, and public, quasi-public and medical
services for the off-campus retirement-aged community will be permitted.
Uses may include, but need not be limited to the following:
(1)
Medical facilities which are strictly related and
subordinate to the residential/medical character of the campus and
which directly serve the residents and employees of, or visitors to,
the center, including offices, laboratories, clinics, professional
or paramedical training centers, and ambulatory care facilities;
(2)
Commercial uses which are strictly related and subordinate
to the residential/medical character of the campus, and which directly
serve the residents and employees of, or visitors to, the center.
The uses shall be chosen to reflect their local orientation to the
immediate campus vicinity and should be of a size and scope so as
not to interfere with existing or proposed retail uses located in
the off-campus area; and
(3)
Recreational and social uses, such as athletic facilities,
community centers, and assembly halls, limited to use only by campus
residents, employees, or their guests.
M.
The applicant shall furnish a description of the effect
of the proposed use on the delivery of ambulance service. This description
shall include a letter from the agency responsible for ambulance service
in the site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use,
and any suggestions that might enhance ambulance service. Should it
be determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
Methadone treatment facilities are permitted as provided in Article II herein and subject to the provisions of Section 621 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10621.
A.
Mini warehouses are permitted as provided in Article II herein and subject to the following criteria:
(1)
Parking shall be provided by parking/driving lanes
adjacent to the buildings. These lanes shall be at least 26 feet wide
when cubicles open onto one side of the lane only, and at least 30
feet wide when cubicles open onto both sides of the lane;
(2)
Required parking spaces may not be rented as, or used
for, vehicular storage. However, additional external storage area
may be provided for the storage of privately owned travel trailers
and/or boats, so long as such external storage area is screened from
adjoining residentially zoned land, residential uses, and adjoining
roads, and is located behind building walls closest to street right-of-way.
This provision shall not be interpreted to permit the storage of partially
dismantled, wrecked, or inoperative vehicles;
(3)
All storage shall be kept within an enclosed building
except that the storage of flammable, highly combustible, explosive
or hazardous chemicals shall be prohibited. Any fuel tanks and/or
machinery or other apparatuses relying upon such fuels shall be stored
only in an external storage area as described above;
(4)
An on-site manager shall be required to be on the
site on a full-time basis and shall be responsible for maintaining
the operation of the facility in conformance with the conditions of
approval and all applicable ordinances. In addition, full-time surveillance
consisting of either security cameras or on-site residence shall be
provided. Any dwelling for a resident manager shall comply with all
requirements of the underlying zone, and shall be entitled to all
residential accessory uses provided in this chapter;
(5)
No door openings for any mini warehouse storage unit
shall be constructed facing any residentially zoned property or residential
use;
(6)
Mini warehouses shall be used solely for the dead
storage of property. The following lists examples of uses expressly
prohibited upon the site:
(a)
Auctions, commercial wholesale or retail sales,
or garage sales;
(b)
The servicing, repair, or fabrication of motor
vehicles, boats, trailers, lawn mowers, appliances, or other similar
equipment;
(c)
The operation of power tools, spray-painting
equipment, table saws, lathes, compressors, welding equipment, kilns
or other similar equipment;
(d)
The establishment of a transfer and storage
business; and
(e)
Any use that is noxious or offensive because
of odors, dust, noise, fumes, or vibrations.
B.
The applicant shall adequately demonstrate that all
mini warehouses rental and/or use contracts shall specifically prohibit
these uses.
Motor vehicle sales and service facilities are permitted as provided in Article II herein and subject to the following criteria:
A.
All service and/or repair activities shall be conducted
within a completely enclosed building;
B.
All uses involving drive-through service shall provide
sufficient on-site stacking lanes to prevent vehicles backing up on
adjoining roads;
C.
Any outdoor storage areas for parts, equipment, lubricants,
fuel, or other materials capable of leaching shall have an impervious
surface with diking and a cover sufficient to prevent the collection
of rainwater and the runoff of contaminants. Such storage shall not
include waste materials and oils;
D.
All exterior storage areas shall be subject to lot
coverage requirements and screened from adjoining residentially zoned
properties and roads;
E.
Except for the storage and display of vehicles for
sale, the storage of unlicensed vehicles is prohibited;
F.
Any ventilation equipment outlets associated with
the service/repair work area(s) shall not be directed toward any adjoining
residentially zoned property;
G.
All vehicles and machinery shall be repaired and removed
from the premises promptly;
H.
The demolition or junking of vehicles and machinery
is prohibited. Demolished vehicles or parts thereof shall be removed
from the site within two weeks of arrival;
I.
The applicant shall furnish evidence that the storage
and disposal of materials will be accomplished in a manner that complies
with state and federal regulations; and
Multiple-family dwellings are permitted as provided in Article II herein and subject to the following criteria:
A.
Minimum lot area: two acres.
B.
All units must be connected to public sewer and public
water systems.
C.
Minimum required setbacks: All structures and dumpsters
shall be set back at least 50 feet from every property line. Off-street
parking and loading shall be set back at least 25 feet from every
property line. Interior building setbacks shall be as follows:
(1)
Front to front, rear to rear, or front to rear, parallel
buildings shall have at least 0.6 times the average length of the
buildings between faces of the building. If the front or rear faces
are obliquely aligned, the above distance may be decreased by as much
as 10 feet at one end if increased by similar or greater distance
at the other end;
(2)
A minimum yard space of 30 feet is required between
end walls of buildings. If the buildings are at right angles to each
other, the distance between the corners of the end walls of the building
may be reduced to a minimum of 20 feet; and
(3)
A minimum yard space of 40 feet is required between
end walls and front or rear faces of buildings.
D.
At least 30% of any multiple-family dwelling development site shall be devoted to common open space in addition to the open space required by Chapter 430, Subdivision and Land Development. Such required open space shall be in addition to any dedicated parklands and/or fees-in-lieu thereof. The location, design, ownership and maintenance of such common open space shall be subject to the requirements of Section 319[1] of this chapter.
[1]
Editor's Note: So in original.
Nightclubs and taverns are permitted as provided in Article II herein and subject to the following criteria:
A.
No part of the subject property shall be located within
100 feet of any R Zone, nor within 300 feet of any residential use;
B.
The applicant shall furnish expert evidence that the
proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, light, and/or litter;
C.
All structures on the subject property shall provide a fifty-foot-wide landscape buffer planting strip C from any adjacent residential use in accordance with the requirements of Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
D.
The applicant shall furnish expert evidence as to
how the use will be controlled so as to not constitute a nuisance
due to noise or loitering outside the building; and
E.
A working plan for the cleanup of litter shall be
furnished and implemented by the applicant.
Off-track betting parlors are permitted as provided in Article II herein and subject to the following criteria:
A.
An off-track betting parlor shall not be permitted
to be located within 1,000 feet of any other off-track betting parlor;
B.
No off-track betting parlor shall be located within
600 feet of any R Zone;
C.
No off-track betting parlor shall be located within
600 feet of any parcel of land which contains any one or more of the
following specified land uses:
D.
The distance between any two off-track betting parlors
shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior parcel line of
each establishment. The distance between any off-track betting parlor
and any land use specified above shall be measured in a straight line,
without regard to intervening structures, from the closest point on
the exterior property line of the off-track betting parlor to the
closest point on the property line of said land use;
E.
No more than one off-track betting parlor may be located
within one building or shopping center;
F.
The applicant shall furnish expert evidence that the
proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, light and/or litter;
G.
The applicant shall furnish expert evidence as to
how the use will be controlled so as to not constitute a nuisance
due to noise or loitering outside the building;
H.
A working plan for the cleanup of litter shall be
furnished and implemented by the applicant;
I.
Off-street parking shall be provided at the rate of
one space per each 65 square feet of gross floor area, including related
dining, restaurant and snack bar areas; and
J.
All off-track betting parlors shall comply with the
Pennsylvania Horse and/or Harness Racing Commission's rules and regulations
pertaining to nonprimary locations, as defined therein.
Personal care facilities are permitted as provided in Article II herein and subject to the following criteria:
A.
The site shall contain at least two acres;
B.
All parking areas shall be set back a minimum of 25
feet from all property lines, and shall be screened from adjoining
lots and streets;
C.
The applicant shall furnish evidence that an approved
means of sewage disposal and water supply shall be utilized;
D.
At least 10% of required parking spaces shall be designed
for handicapped persons;
E.
The maximum overall density shall not exceed the maximum permitted density of the zone in which the facility is located. Transferable development rights may be used, as provided in Articles III and VIII herein, to increase the maximum density to 10 dwelling units per acre. For the purposes of this section, each 1.5 care beds shall constitute one dwelling unit; and
F.
Facilities with more than 0.75 care beds/acre shall
require connection to public water and sewer facilities.
Photographic, music, art and dance studios are permitted as provided in Article II herein and subject to the following criteria:
A.
Passenger dropoff and pickup areas shall be provided
on site and arranged so that passengers do not have to cross traffic
lanes on or adjacent to the site.
Planned commercial centers are permitted as provided in Article II herein and subject to the following criteria:
A.
No individual lot within the commercial convenience
center shall contain less than one acre nor be less than 150 feet
wide.
B.
A planned commercial center shall include a combination
of at least three of the following uses:
(1)
Automobile filling stations (including accessory service
and/or repair facilities).
(2)
Banks and other similar financial institutions.
(3)
Barbers and beauty salons.
(4)
Convenience grocery and/or dairy stores.
(5)
Dry cleaner store branches (not including on-site
cleaning).
(6)
Pharmacies and/or drugstores.
(7)
Photocopying stores.
(8)
Photographic studios.
(9)
Restaurants, including fast-food facilities, but excluding
drive-through facilities.
(10)
Retail sales of stationery, office supplies.
C.
All buildings, structures, parking lots, off-street loading areas, signs, dumpsters and access drives associated with a commercial convenience center shall be set back at least 100 feet and screened by a fifty-foot-wide landscape buffer planting strip C from any adjoining property within the R or R-A Zones or any residential use, in accordance with the requirements of Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
D.
A traffic impact report shall be prepared by a professional traffic engineer, according to the requirements of Chapter 430, Subdivision and Land Development.
E.
No more than two access drives shall provide vehicular access to a commercial convenience center. All access shall comply with the provisions of Article III.
F.
Both public sewer and public water utilities shall
be required.
G.
The following tabulates required off-site parking and loading and
interior landscaping standards for planned commercial centers.
[Amended 10-17-2019 by Ord. No. 2019-07]
|
Use
|
Minimum Required Off-Street Parking Spaces Per 1,000 square
feet of Gross Leasable* Floor Area
|
Minimum Required Interior Landscaping in accordance with Ch. 280, Landscaping
|
Minimum Required Off-Street Loading Spaces
|
|---|---|---|---|
|
Planned commercial center, as defined herein, with up to 50,000
square feet of gross floor area
|
6.5
|
10%
|
1 per 25,000 square feet, or fraction thereof, of gross leasable
floor area
|
|
Planned commercial center, as defined herein, with between 50,000
and 100,000 square feet of gross floor area
|
5.5
|
10%
|
1 per 20,000 square feet, or fraction thereof, of gross leasable
floor area
|
|
Planned commercial center, as defined herein, with over 100,000
square feet of gross floor area
|
5.5
|
5%
|
5 plus 1 per 50,000 square feet, or fraction thereof, of gross
leasable floor area over 100,000 square feet
|
|
NOTE:
| |
|---|---|
|
*
|
Paved parking may be reduced to the indicated number of spaces
per square feet of floor area accessible to the public; however, lot
coverage and stormwater management calculations shall be based upon
the maximum possible impervious coverage.
|
Private clubs are permitted as provided in Article II herein and subject to the following criteria:
A.
All private clubs shall front on and have access to
a public road;
B.
All off-street parking shall be provided as required by Article III of this chapter, and is to be set back 30 feet from any adjoining residential lot lines;
C.
Outdoor recreation/activity areas shall be set back
at least 50 feet from any property line;
D.
A fifty-foot-wide landscape buffer planting strip C shall be provided along any adjoining residentially zoned property, in accordance with the requirements of Ch. 280, Landscaping;
[Amended 10-17-2019 by Ord. No. 2019-07]
E.
The applicant must furnish evidence as to how the
use will be controlled so as not to constitute a nuisance due to noise
or loitering outside of the clubhouse, or glare of lighting on adjoining
properties and street; and
F.
The applicant shall furnish evidence that approved
systems for sewage disposal and water supply will be utilized.
Processing of farm products is permitted as provided in Article II herein and subject to the following criteria:
Professional offices are permitted as provided in Article II herein and subject to the following criteria:
A.
Applicant shall demonstrate that adequate water and
sewer service is available.
Public transportation depots are permitted as provided in Article II herein and subject to the following criteria:
B.
The applicant shall present qualified expert evidence
as to how the use will provide for the expected demand for needed,
off-street parking spaces for the proposed use. In addition, the applicant
shall present evidence of the ability to provide additional off-street
parking spaces, if demand increases. The applicant shall also present
credible evidence that the stacking area provided for public transportation
vehicles will be adequate to accommodate the expected demand generated
by patrons. Any gates or other barriers used at the entrance to parking
areas shall be set back and arranged to prevent vehicles backing up
onto adjoining roads during peak arrival periods;
C.
The subject property shall have a minimum of 300 feet
of road frontage along an arterial or major collector road;
D.
All structures shall be set back at least 50 feet
from any street right-of-way line;
E.
Trash receptacles shall be provided amid off-street
parking areas that shall be routinely emptied. Furthermore, a working
plan for the regular cleanup of litter shall be furnished and continuously
implemented by the applicant;
F.
Any exterior public address system shall be designed,
arranged, and operated so as to prevent objectionable impact on adjoining
parcels.
Quarries and other extractive-related uses are permitted as provided in Article II herein and subject to the following criteria.
A.
General: quarry operations:
(1)
May not substantially injure or detract from the lawful
existing or permitted use of neighboring properties;
(2)
May not adversely affect any public or private water
supply source;
(3)
May not adversely affect the logical, efficient and
economical extensions of public services, facilities and utilities
throughout the Township;
(4)
May not create any significant damage to the health,
safety or welfare of the Township and its residents and property owners;
(5)
May not result in the land area subject to quarrying
being placed in a condition which will prevent the use of that land
for economically and ecologically productive uses upon completion
of the quarry operation; and
(6)
Must demonstrate compliance with all applicable state
regulations at all times.
B.
Site plan requirements. As a part of each application,
the applicant shall furnish an accurately surveyed site plan on a
scale no less than 1:2,400, showing the location of the tract or tracts
of land to be affected by the operation. The surveyed site plan shall
be certified by a registered professional engineer or a registered
professional land surveyor with assistance from experts in related
fields and shall include the following:
(1)
The boundaries of the proposed land affected, together
with the drainage area above and below the area;
(2)
The location and names of all streams, roads, railroads,
and utility lines on or immediately adjacent to the area;
(3)
The location of all buildings within 1,000 feet of
the outer perimeter of the area affected, and the names and addresses
of the owners and present occupants;
(4)
The purpose for which each building is used; and
(5)
The name of the owner of the affected area and the
names of adjacent landowners, the municipality, and the county.
C.
Minimum lot area: 100 acres.
D.
Fencing. A fence measuring at least eight feet in
height must enclose the area of actual quarrying. If a chain link
fence is used, then said fence shall include a vegetative screen that
is provided along the outside of the fence, away from the quarry.
E.
Setback. The following table identifies minimum setbacks
imposed upon specific features of the quarry and other extractive-related
uses from adjoining and/or nearby uses:
|
Quarry-Related Feature
|
Existing Residence
(feet)
|
Existing Nonresidential Building
(feet)
|
Adjoining Road
(feet)
|
Public/ Nonprofit Park
(feet)
|
Cemetery or Stream Bank
(feet)
|
Adjoining Property
(feet)
|
|---|---|---|---|---|---|---|
|
Stock piles or spoil piles
|
300
|
300
|
100
|
300
|
100
|
100
|
|
Mineral processing equipment (e.g.,
rushers, sorters, conveyors, dryers, etc.)
|
300
|
300
|
100
|
300
|
100
|
100
|
|
Quarry pit
|
300
|
300
|
100
|
300
|
100
|
100
|
|
On-site access roads and off-street
parking, loading and vehicle storage and weighing facilities
|
300
|
300
|
100
|
300
|
100
|
100
|
|
Other operational equipment, structures
and/or improvements
|
300
|
300
|
100
|
300
|
100
|
100
|
F.
Access. Vehicular access shall be so arranged as to
minimize danger and congestion along adjoining roads and to avoid
the creation of nuisances to nearby properties. Access drives used
by trucks shall only intersect with major collector or arterial roads.
(2)
All access drives serving the site shall have a paved
minimum thirty-five-foot wide cartway for a distance of at least 200
feet from the intersecting street right-of-way line. In addition,
a fifty-foot-long gravel section of access drive shall be placed just
beyond the preceding two-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's wheels. The owner and/or
operator shall be responsible for removing any mud from public roads
caused by persons traveling to and from the site; and
(3)
In general, access drives shall intersect public streets
at 90° as site conditions permit; however, in no case shall access
drives intersect public streets at less than 70°. Said angle shall
be measured from the center line of the street to the center line
of the access drive.
H.
Reclamation. The applicant shall demonstrate compliance
with Section 7(c) of the Pennsylvania Act No. 1984-219,[1] as may be amended. The applicant shall provide a detailed
description of the proposed use of the site, once reclamation has
been completed, including a description of any zoning and/or subdivision
approvals or remedies that would be necessary to accommodate the proposed
use. Finally, the applicant shall provide written notification to
the Township within 30 days, whenever a change in the reclamation
plan is proposed to the PA DEP.
[1]
Editor's Note: See 52 P.S. § 3307(c).
I.
Screening. Where the proposed use adjoins a residential
zone, an existing residence and/or a public road, screening shall
be provided. Such screening shall be comprised of an earthen berm
at least 10 feet in height. Such berm shall be located on the quarry
site and placed so as to maximize the berm's ability to absorb and/or
block views of and the noise, dust, smoke, etc. generated by the proposed
use. The berm shall be completely covered and maintained in an approved
vegetative ground cover. In addition, a landscape screen shall consist
of evergreen shrubs and trees arranged to form both a low-level and
a high-level screen within a strip of land with a minimum width of
10 feet. The high-level screen shall consist of evergreen trees of
not less than five feet in height at the time of planting that shall
be planted at intervals of not more than 10 feet. The low-level screen
shall consist of evergreen shrubs of not less than three feet in height
at the time of planting that shall be planted at intervals of not
more than five feet. The landscape screen shall be permanently maintained.
J.
Operations progress report. Within 90 days after commencement
of surface mining operations, and each year thereafter, the operator
shall file an operations progress report with the Zoning Officer setting
forth all of the following:
(1)
The name or number of the operation;
(2)
The location of the operation with reference to the
nearest public road;
(3)
A description of the tract or tracts, including a
site plan showing the location of all improvements, stockpile, quarry
pits, etc.;
(4)
The name and address of the landowner or his duly
authorized representative;
(5)
An annual report of the type and quantity of mineral
produced;
(6)
The current status of the reclamation work performed
in pursuance of the approved reclamation plan;
(7)
A maintenance report for the site that verifies that
all required fencing, berming and screening has been specifically
inspected for needed repairs and/or maintenance and that such needed
repairs and/or maintenance has been performed; and
(8)
Verification that the proposed use continues to comply
with all applicable state regulations. The operation shall furnish
copies of any approved permits and/or any notices of violation issued
by the PA DEP.
K.
Water supply.
(1)
The applicant shall submit an analysis of raw water
needs (groundwater or surface water) from either private or public
sources, indicating quantity of water required. If the source is from
a municipal system, the applicant shall submit documentation that
the public authority will supply the water needed.
(2)
In addition, if the facility is to rely upon nonpublic
sources of water, a water feasibility study will be provided to enable
the municipality to evaluate the impact of the proposed development
on the groundwater supply and on existing wells. The purpose of the
study will be to determine if there is an adequate supply of water
for the proposed development and to estimate the impact of the new
development on existing wells in the vicinity. The water feasibility
shall be reviewed by the Municipal Engineer.
(3)
A water system which does not provide an adequate
supply of water for the proposed development, considering both quantity
and quality, or does not provide for adequate groundwater recharge,
considering the water withdrawn by the proposed development, shall
not be approved by the municipality.
(4)
A water feasibility study shall include the following
information:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area with a radius of
at least one mile from the site;
(c)
The location of all existing and proposed wells
within 1,000 feet of the site, with a notation of the capacity of
all high-yield wells;
(d)
The location of all existing on-lot sewage disposal
systems within 1,000 feet of the site;
(e)
The location of all streams within 1,000 feet
of the site and all known point sources of pollution;
(f)
Based on the geologic formation(s) underlying
the site, the long-term safe yield shall be determined;
(g)
A determination of the effects of the proposed
water supply system on the quantity and quality of water in nearby
wells, streams, and the groundwater table; and
(h)
A statement of the qualifications and the signature(s)
of the person(s) preparing the study.
Recreation facilities are permitted as provided in Article II herein and subject to the following criteria.
A.
Those uses involving extensive outdoor activities
shall provide sufficient screening and/or landscaping measures to
mitigate any visual and/or audible impacts on adjoining properties;
B.
The applicant shall furnish expert evidence that the
proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, noise, light, litter, dust and pollution;
C.
Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in Article III of this chapter; and
D.
Any booths or other structures 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 (roaming parking lot attendants) shall
be conducted in a manner to prevent vehicle backups on adjoining roads.
If, at any time after the opening of the commercial recreation facility,
the Township determines that traffic backups are occurring on adjoining
roads, and such backups are directly related to the means of access
to the subject property, the Township can require the applicant to
revise means of access to relieve the undue congestion.
Recycling dropoff facilities shall be permitted as provided in Article II herein and subject to the following criteria:
A.
This use shall not be bound by the requirements for
recycling processing facilities;
B.
All materials shall be kept in closed containers,
with appropriate sanitary measures and frequent enough emptying to
prevent the attraction of insects or rodents and to avoid fire hazards;
C.
Adequate provision shall be made for movement of trucks
if needed and for off-street parking;
D.
A twenty-foot-wide landscape buffer planting strip D shall be provided between this use and any abutting residential use in accordance with the requirements of Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
E.
This use may constitute a principal use or an accessory
use (including an accessory use to a commercial use, an industrial
use, a public or private primary or secondary school, a house of worship
or a Township or municipal use) subject to the limitations of this
section;
F.
Materials to be collected shall be of the same character
as the following materials: paper, fabric, cardboard, plastic, metal,
aluminum, and glass. No garbage shall be stored as part of the use,
except for that generated on-site and that accidentally collected
with recyclables. Only materials clearly being actively collected
for recycling may be stored on-site; and
G.
The use shall only include the following operations
collection, sorting, baling, loading, weighing, routine cleaning,
and closely similar work. No burning or land filling shall occur.
No mechanical operations shall routinely occur at the site other than
operations such as baling cardboard.
Recycling processing facilities shall be permitted as provided in Article II herein and subject to the following criteria:
A.
There shall be no outdoor storage of materials processed,
used or generated by the facility;
B.
The applicant shall offer expert testimony to demonstrate
adequate provisions will be taken to prevent the attraction of insects
or rodents and to avoid fire hazards, and measures used to mitigate
problems associated with noise, dust, fumes, and litter;
C.
Loading and unloading facilities shall not be located
on any side of the building facing a residential use;
D.
A twenty-foot-wide landscape buffer planting strip D shall be provided between this use and any abutting residential use in accordance with the requirements of Ch. 280, Landscaping.
[Amended 10-17-2019 by Ord. No. 2019-07]
E.
No garbage shall be stored as part of the use, except
for that generated on-site and that accidentally collected with recyclables.
Only paper, glass, plastics, and metals which are clearly capable
of being recycled, may be processed on-site;
F.
All operations, including collection, shall be conducted
within a completely enclosed building;
G.
No burning or land filling shall occur;
H.
Except within the C/I Zone, the use shall not include
the collection or pressing of pieces of metal that have a weight greater
than 50 pounds;
I.
The use shall include the storage of a maximum of
50 tons of materials on the site if the use is within a within 500
feet of an existing residential use.
Restaurants are permitted as provided in Article II herein and subject to the following criteria:
Drive-through restaurants are permitted as provided in Article II herein and subject to the following criteria:
A.
Exterior trash receptacles shall be provided and routinely
emptied so as to prevent the scattering of litter. All applications
shall include a description of a working plan for the cleanup of litter;
B.
Any exterior speaker/microphone system shall be arranged
and/or screened to prevent objectionable noise impact on adjoining
properties;
C.
All exterior seating/play areas shall be completely
enclosed by a minimum three-foot high fence;
D.
No part of the subject property shall be located within
200 feet of any R or R-A Zone;
E.
A twenty-foot-wide landscape buffer planting strip D shall be provided between this use and any abutting residential use in accordance with the requirements of Ch. 280, Landscaping; and
[Amended 10-17-2019 by Ord. No. 2019-07]
F.
Each drive-through lane shall have a minimum of 200
feet of on-site stacking preceding the order location.
Fast-food restaurants are permitted as provided in Article II herein and subject to the following criteria:
A.
Exterior trash receptacles shall be provided and routinely
emptied so as to prevent the scattering of litter. All applications
shall include a description of a working plan for the cleanup of litter;
B.
All exterior seating/play areas shall be completely
enclosed by a minimum three-foot high fence; and
[Added 12-15-2016 by Ord.
No. 2016-03]
Retail photocopy and printing centers are permitted as provided in Article II herein and subject to the following criteria:
A.
The applicant shall provide a detailed written description of the
proposed use in each of the following topics:
(1)
The nature of the on-site processing operations, the materials
used in the process, the products produced, and the generation and
methods for disposal of any wastes and/or by-products. In addition,
the applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
(2)
The total number of employees on each shift, and an overall
needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish expert evidence that the impacts generated by the
proposed use fall within acceptable levels as regulated by applicable
laws and ordinances.
B.
Any use requiring more than domestic water supply and/or residential
sewage disposal requires public sewer and water.
[Added 12-15-2016 by Ord.
No. 2016-03]
Retail sales are permitted as provided in Article II herein and subject to the following criteria:
A.
The
applicant shall provide a detailed written description of the proposed
use in each of the following topics:
(1)
The nature of the on-site processing operations, the materials
used in the process, the products produced, and the generation and
methods for disposal of any wastes and/or by-products. In addition,
the applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
(2)
The total number of employees on each shift, and an overall
needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish expert evidence that the impacts generated by the
proposed use fall within acceptable levels as regulated by applicable
laws and ordinances.
Retail services shall be permitted as provided in Article II herein and subject to the following:
A.
The applicant shall demonstrate that adequate water
supply and sewage disposal can be provided.
Riding stables are permitted as provided in Article II herein and subject to the following criteria.
A.
Minimum lot area: 10 acres;
B.
Any structure used for the boarding of horses shall
be set back at least 200 feet from any property line;
C.
All stables shall be maintained so to minimize odors
perceptible at the property line;
D.
All outdoor training or show facilities or areas shall
be set back 100 feet from all property lines; and
E.
All outdoor training, show, riding, boarding, or pasture
areas shall be enclosed by a minimum four-foot-high fence.
Rural occupations are permitted as provided in Article II herein and subject to the following criteria:
A.
Only one rural occupation may be conducted on the
same property as the owner's principal residence, and shall not exceed
the area of the principal residence's ground floor or 1,000 square
feet, whichever is the lesser;
B.
A rural occupation shall only be conducted within
one completely enclosed outbuilding that satisfies at least one of
the following:
(1)
The building will remain the same size and in the
same location as it existed on the effective date of this section;
or
(2)
The building is limited to one story in height or
20 feet, whichever is lesser, is located in the rear yard of the principal
residence, and is set back at least 50 feet from any side or rear
lot lines. All applicants are required to design buildings that are
compatible with their residential settings.
C.
In no case shall any new rural occupation building
be constructed before the owner resides on the subject property. In
addition, rural occupations may only be conducted so long as the sole
owner of the business resides on the site;
D.
In no case shall the required maximum lot coverage
be exceeded by those impervious surfaces associated with the principal
residence, rural occupation and/or other accessory uses;
E.
All off-street parking and loading spaces shall be
screened from adjoining roads and properties;
F.
No outdoor storage or display shall be permitted except
that one commercial truck of not more than 9,000 pounds gross vehicle
weight may be parked behind the principal residence so long as it
is screened from adjoining roads and properties;
G.
No rural occupation and its principal dwelling shall
generate more than 20 vehicle trips per day to or from the site. The
applicant shall furnish testimony regarding the expected numbers of
vehicle trips associated with the proposed use;
H.
Vehicular access to the rural occupation shall be
limited to the same driveway connection with the public street that
serves the principal residence. No additional roadway connections
shall be permitted;
I.
The maximum number of employees that do not reside
on the site shall be equal to two full-time positions. For the purposes
of this section, "employees" shall be defined as those involved in
the on-site conduct of the rural occupation;
J.
Rural occupations shall only be conducted between
the hours of 6:00 a.m. and 9:00 p.m.;
K.
No manufacturing, mechanical or industrial use shall
be permitted which causes any noise, odor, glare, fume, smoke, dust,
vibration, electromagnetic interference, or other hazard that is noticeable
at or beyond the line of the nearest residential lot. No use that
requires application or permitting by the PA DEP for the handling
of hazardous waste or other substances, shall be permitted;
L.
Any area devoted to retail sales display shall be
limited to 20% of the overall size of the rural occupation;
M.
The applicant shall furnish evidence that an approved
means of sewage disposal shall be utilized, and further that such
means is part of the same system in use for the principal residence;
and
N.
Evidence shall be provided indicating that the disposal
of all materials and wastes will be accomplished in a manner that
complies with state and federal regulations. Such evidence shall,
at a minimum, include copies of contracts with waste haulers licensed
to operate within the county which have been contracted to dispose
of the materials and wastes used or generated on-site or some other
legal means of disposal. The building permit for this use shall remain
valid only so long as such contracts remain in effect and all materials
and wastes are properly disposed of on a regular basis. Should the
nature of the farm occupation change in the future, such that the
materials used or wastes generated changes significantly, either in
type or amount, the owner of the farm operation shall so inform the
Zoning Officer, and shall provide additional evidence demonstrating
continued compliance with the requirements of this section.
Sawmills are permitted as provided in Article II herein and subject to the following criteria:
A.
Minimum lot area: 10 acres;
B.
All cutting, sawing, grinding, or other processing
shall be conducted within a completely enclosed building;
C.
No material shall be deposited or stored, and no building
or structure shall be located within 200 feet of any property line,
and 500 feet of any land within an R Zone;
D.
Any external area used for the unloading, transfer,
storage, or deposition of material must be completely screened from
view at the property line. (The use of an earthen berm is encouraged
where practicable);
E.
All uses shall provide sufficiently long stacking
lanes into the facility, so that vehicles waiting will not back up
onto public roads;
F.
All access drives onto the site shall be paved for
a distance of at least 200 feet from the street right-of-way line.
In addition, if portions of on-site access drives are unpaved, then
a fifty-foot-long gravel section of driveway shall be placed just
beyond the preceding two-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's wheels. The owner and/or
operator shall be responsible for removing any mud from public roads
caused by persons traveling to and from the site; and
G.
Litter control shall be exercised to prevent the scattering
of wind-borne debris, and a working plan for the cleanup of litter
shall be submitted to the Township.
Public and private schools (excluding vocational and mechanical trade schools) are permitted as provided in Article II herein and subject to the following criteria:
A.
The applicant shall demonstrate the availability of
adequate water supply and sewage disposal;
B.
All off-street parking lots shall be set back 25 feet
and screened from adjoining property lines;
C.
All buildings shall be set back at least 100 feet
from any adjoining land within a residential zone;
D.
If education is offered below the college level, an
outdoor play area shall be provided, at a rate of 65 square feet per
individual enrolled. Off-street parking lots shall not be used as
outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a minimum four-foot-high
fence and screened from adjoining residentially zoned properties;
E.
Enrollment shall be defined as the largest number
of students on the site at any one time during a seven-day period;
and
F.
Passenger dropoff and pickup areas shall be provided
and arranged so that students do not have to cross traffic lanes on
or adjacent to the site.
Vocational and mechanical trade and adult education facilities are permitted as provided in Article II herein and subject to the following criteria:
A.
Any maintenance, repair, rebuilding, testing, or construction
of mechanical devices shall be conducted within a completely enclosed
building;
B.
All ventilation outlets shall be located at least
100 feet and oriented away from adjoining residentially zoned properties;
C.
No outdoor storage of parts, equipment, lubricants,
fuel or other materials used or discarded, as part of the operation,
shall be permitted;
D.
All exterior storage and/or display areas must be
screened from adjoining residentially zoned properties. All exterior
storage/display areas must be set back at least 35 feet from adjoining
street lines and must be covered in an all-weather, dust free surface;
and
E.
The outdoor storage of inoperable vehicles, boats,
machinery, trucks, trailers, mobile homes and heavy equipment vehicles
on the property is prohibited.
[1]
Editor’s Note: Former § 490-117, Septage and spent
mushroom compost processing and/or commercial mushroom operations,
was repealed 8-15-2019 by Ord. No. 2019-04.
Indoor shooting ranges are permitted as provided in Article II herein and subject to the following criteria:
A.
A development plan shall identify the safety fan for
each firing range. The safety fan shall include the area necessary
to contain all projectiles, including direct fire and ricochet. The
safety fan configuration shall be based upon qualified expert testimony
regarding the trajectory of the bullet and the design effectiveness
of berms, overhead baffles, or other safety barriers to contain projectiles
to the safety fan;
B.
There will be no overnight accommodations;
C.
The applicant shall present expert testimony to establish
that sufficient soundproofing shall be provided to render the sound
of discharge of any firearm inaudible when outside the building in
which the indoor shooting range is located; and
D.
All operations shall be conducted in accordance with
National Rifle Association guidelines.
Outdoor shooting ranges are permitted as provided in Article II herein and subject to the following criteria:
A.
A development plan shall identify the safety fan for
each firing range. The safety fan shall include the area necessary
to contain all projectiles, including direct fire and ricochet. The
safety fan configuration shall be based upon qualified expert testimony
regarding the trajectory of the bullet and the design effectiveness
of berms, overhead baffles, or other safety barriers to contain projectiles
to the safety fan;
B.
The firing range, including the entire safety fan,
shall be enclosed with a six-foot-high nonclimbable fence to prevent
unauthorized entry into the area. Range caution signs with eight-inch
tall, red letters on a white background shall be posted at a maximum
of fifty-foot intervals around the range perimeter. Signs shall read
"SHOOTING RANGE AREA KEEP OUT!";
C.
All surfaces located within the safety fan, including
the backstop, overhead baffles, berms, and range floor, shall be free
of hardened surfaces, such as rocks or other ricochet-producing materials;
D.
The applicant shall present credible evidence that
the sounds of shooting in the nearest residential zone does not exceed
the ambient noise level;
E.
The range boundaries must be at least 500 feet from
any property or street line and also located at least 1,000 yards
from the nearest existing residential dwelling that is not on the
same property and/or within 1,000 yards of the nearest R Zone. The
range boundaries will be determined as a one-hundred-fifty-yard radius
from each of the stands;
F.
There will be no overnight accommodations;
G.
Hours of operation will be 10:00 a.m. to 6:00 p.m.;
and
H.
All operations shall be conducted in accordance with
National Rifle Association guidelines.
Shopping centers are permitted by conditional use in Article II herein and subject to the following criteria:
A.
The subject property shall front on an arterial or
major collector road, and all access drives shall be set back at least
200 feet from the intersection of any street right-of-way lines. No
vehicular access to the subject property shall be located within 1,000
feet of the intersection of an entrance or exit ramp of PA Route 30
with an adjoining road unless said access drive does not occur on
the road intersecting with the entrance or exit ramp. Access drives
must align with any street, access drive, or driveway in the area
opposite the site;
B.
Both public sewer and public water utilities shall
be required;
C.
The following tabulates required off-street parking and loading and
interior landscaping standards for shopping centers:
[Amended 10-17-2019 by Ord. No. 2019-07]
|
Use
|
Minimum Required Off-Street Parking Spaces Per 1,000 square
feet of Gross Leasable* Floor Area
|
Minimum Required Interior Landscaping As Described in Ch. 280, Landscaping
|
Minimum Required Off-Street Loading Spaces
|
|---|---|---|---|
|
Shopping center, as defined herein, with up to 50,000 square
feet of gross floor area
|
5.5
|
10%
|
1 per 25,000 square feet, or fraction thereof, of gross leasable
floor area
|
|
Shopping center, as defined herein, with between 50,000 and
100,000 square feet of gross floor area
|
5.5
|
10%
|
1 per 20,000 square feet, or fraction thereof, of gross leasable
floor area
|
|
Shopping center, as defined herein, with over 100,000 square
feet of gross floor area
|
5.5
|
15%
|
5 plus 1 per 50,000 square feet, or fraction thereof, of gross
leasable floor area over 100,000 square feet
|
|
NOTE:
| |
|---|---|
|
*
|
Paved parking may be reduced to the indicated number of spaces
per square feet of floor area accessible to the public; however, lot
coverage and stormwater management calculations shall be based upon
the maximum possible impervious coverage.
|
D.
In addition to vehicular access to the property, the
applicant shall be required to design and construct pedestrian linkages
with adjoining tracts. Such pedestrian linkages shall be located so
as to provide safe and convenient access to the shopping center from
the nearby areas;
E.
Any shopping center must provide an improved bus stop
which would be conveniently accessible for patrons who would travel
to and from the site by bus. Such bus stop must be provided, even
if current bus service is unavailable along the subject property.
Such bus stop shall include a shelter, seating, a waste receptacle,
and at least one shade tree;
G.
Convenience stores and restaurants shall be required
to calculate and provide parking spaces independent of the overall
shopping center;
H.
The proposed shopping center design shall comply with
the applicable regulations contained within the following table.
Slaughtering, processing, rendering, and packaging of food products and their by-products which are produced from the remains of animals are permitted as a principal use, subject to the provisions of Article II herein and the following criteria:
A.
Minimum lot area: five acres;
B.
The subject site shall have access to a major collector
or arterial road;
C.
All aspects of the slaughtering, processing, rendering,
and packaging operation, excepting the unloading and holding of live
animals, shall be conducted within a completely enclosed building;
D.
All live animals held outside shall be within secure
holding pens or runways, sufficiently large to accommodate all animals
without crowding, and not located within the front yard;
E.
The applicant shall furnish a working plan for the
recovery of escaped animals which minimizes the potential for animals
to enter traffic or cross property lines, and which shall be continuously
implemented;
F.
All animal wastes shall be regularly cleaned up and
properly disposed of, so as not to be objectionable at the site's
property line;
G.
The unloading of live animals from trucks into holding
pens and their movement into the plant shall be continuously supervised
by a qualified operator, whose responsibility it shall also be to
immediately identify and appropriately dispatch any obviously ill
or injured animals;
H.
The unloading of live animals and their movement into
the plant shall be conducted in an orderly and calm manner so as to
minimize noise levels;
I.
The loading and unloading of trucks shall be restricted
to the hours between 6:00 a.m. and 9:00 p.m.;
J.
No exterior animal holding pens and/or areas devoted
to loading/unloading of animals shall be located within 200 feet of
any property line nor 500 feet of any land within a residential zone;
K.
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties with a fifty-foot-wide landscape buffer planting strip D in accordance with Ch. 280, Landscaping:
[Amended 8-15-2019 by Ord. No. 2019-04; 10-17-2019 by Ord. No. 2019-07]
L.
Public sewer and public water will be utilized;
M.
Sewer and water lines shall not meet within or beneath
the plant, and shall further be designed and installed to minimize
the potential for leakage; and contamination by maximizing the separation
distance between lines and laying sewer lines at greater depth than
water lines;
N.
Wastewater shall be kept completely covered at all
times to reduce the potential for release of odors. In no event shall
wastewater be disposed of in a storm sewer, to the ground, or in any
other manner inconsistent with PA DEP regulations;
O.
All unusable animal by-products shall be stored indoors
in leak- and vector-proof containers. In the case of slaughtering
or processing operations which do not do their own rendering, the
applicant shall provide evidence of a written contract with a rendering
operation for the daily disposal of such waste products. In no case
shall any waste products remain on the site for more than 24 hours;
P.
The applicant must demonstrate written compliance
with, and continue to comply with, all applicable local, state and
federal standards and regulations;
Q.
The use shall provide sufficiently long stacking lanes
and on-site loading/unloading areas, so that trucks waiting to be
loaded/unloaded will not back up onto public roads. No parking or
loading/unloading shall be permitted on or along any public road;
R.
Vehicular access shall be so arranged as to minimize
danger and congestion along adjoining roads and to avoid the creation
of nuisances to nearby properties. Access drives used by trucks shall
only intersect with major collector or arterial roads;
T.
All access drives onto the site shall have a paved
minimum thirty-five-foot wide cartway for a distance of at least 200
feet from the street right-of-way. In addition, if portions of on-site
access drives are unpaved, then a fifty-foot long gravel section of
driveway shall be placed just beyond the preceding two-hundred-foot
paved section to help collect any mud that may have attached to a
vehicle's wheels. The owner and/or operator shall be responsible for
removing any mud from public roads caused by persons traveling to
and from the site; and
[Added 4-18-2019 by Ord.
No. 2019-01]
A building or buildings may be erected, altered or used, and
land may be used for the following purposes:
A.
Continuing care retirement community (CCRC).
B.
The following uses as accessory to a CCRC when located on the same
tract intended to serve the residents of the CCRC and their visitors:
(1)
Administrative offices and operational facilities for management
of the permitted uses.
(2)
Personal services such as barber shop, beauty salon or commissary.
(3)
Bank branch and/or automated teller machine.
(4)
Dining facilities.
(5)
Community center.
(6)
Library.
(7)
Educational and recreational facilities.
(8)
Theater.
(9)
Fitness center and swimming pool.
(10)
Physical therapy facilities.
(11)
Physicians'/nurses' offices for residents.
(12)
Massage therapy room.
(13)
Gift/convenience shop.
(14)
Storage and maintenance facilities supporting the CCRC.
(15)
Any other accessory uses commonly found in a CCRC.
(16)
Meeting/entertainment rooms.
C.
Density does not apply to this use in the MU-2 Zone.
D.
Buffer area. Along each side or rear property line a buffer planting
strip of not less than 25 feet in width shall be provided. On the
buffer planting strip, there shall be placed shrubbery, trees or other
plantings sufficient to provide a reasonable screen. Existing trees
and shrubbery shall be preserved to the extent reasonably practicable
and shall count towards the required buffer strips which shall be
supplemented if and where necessary to provide an adequate screen.
E.
All land and buildings erected in a CCRC facility shall be under
one ownership and/or management responsible to the owner or operator
of the CCRC.
F.
Public water and public sanitary sewage disposal systems shall be
provided.
G.
Off-street parking and loading. All off-street parking and loading
design standards in the Hellam Township Subdivision and Land Development
Ordinance[1] and in the Hellam Township Zoning Ordinance[2] shall apply. The following numbers of parking spaces shall
be provided for uses in a CCRC District:
(1)
Two parking spaces for each residential living unit.
(2)
One parking space for every four personal care assisted living
units.
(3)
Two parking spaces for every three beds in a skilled nursing
facility.
(4)
One employee parking space for every one employee on the highest
shift.
(5)
At least 10% of required parking spaces shall be designed for
handicapped persons.
H.
Lighting. All driveways, parking areas, and areas of pedestrian use
shall be adequately lighted. All such lighting shall be designed and
located to direct light away from any adjoining residential development
and areas zoned for residential development and shall use dark sky
lighting.
I.
(Reserved)
J.
The maximum permitted lot coverage for a CCRC shall be 50% without
TDRs and 70% with the use of TDRs. Special attention shall be paid
to stormwater management use of gardens to control water management
for the increased lot coverage.
K.
The minimum front yard setback requirement for a CCRC shall be 30
feet.
L.
The maximum height for a CCRC building shall not exceed 35 feet.
The height of the CCRC may be increased to 45 feet with the use of
one TDR and up to 60 feet with the use of two TDRs.
Stockyards and feedlots are permitted as provided in Article II herein and subject to the following criteria:
A.
All live animals held outside shall be within secure
holding pens or runways, sufficiently large to accommodate all animals
without crowding, and not located within the front yard;
B.
The applicant shall furnish a working plan for the
recovery of escaped animals which minimizes the potential for animals
to enter traffic or cross property lines, and which shall be continuously
implemented;
C.
All animal wastes shall be regularly cleaned up and
properly disposed of, so as not to be objectionable at the site's
property line;
D.
The unloading of live animals from trucks into holding
pens and their movement into the plant shall be continuously supervised
by a qualified operator, whose responsibility it shall also be to
immediately identify and appropriately dispatch any obviously ill
or injured animals;
E.
The unloading of live animals and their movement into
the plant shall be conducted in an orderly and calm manner so as to
minimize noise levels;
F.
The loading and unloading of trucks shall be restricted
to the hours between 6:00 a.m. and 9:00 p.m.;
G.
No exterior animal holding pens and/or areas devoted
to loading/unloading of animals shall be located within 300 feet of
any property line nor 500 feet of any land within a residential zone;
H.
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties with a fifty-foot-wide landscape buffer planting strip D in accordance with Ch. 280, Landscaping;
[Amended 8-15-2019 by Ord. No. 2019-04; 10-17-2019 by Ord. No. 2019-07]
I.
A working plan for the removal of deceased animals
shall be submitted and continuously implemented by the applicant.
In no case shall any deceased animals remain on the site for more
than 24 hours;
J.
All access drives onto the site shall be paved for
a distance for at least 200 feet from the street right-of-way line.
In addition, a fifty-foot-long gravel section of driveway shall be
placed just beyond the preceding two-hundred-foot paved section to
help collect any mud that may have attached to a vehicle's wheels;
K.
The owner and/or operator shall be responsible for
removing any mud from public roads caused by persons traveling to
and from the site;
L.
Soil erosion, sedimentation and stormwater runoff
shall be controlled in accordance with all applicable laws and regulations;
N.
The subject property shall front along and have access
to an arterial road; and
O.
All outdoor loudspeaker and lighting systems shall be designed, arranged
and operated so as to prevent objectionable impact on adjoining parcels
and roads.
[Amended 8-15-2019 by Ord. No. 2019-04]
Theaters are permitted as provided in Article II herein and subject to the following criteria:
[Added 12-6-2018 by Ord.
No. 2018-09]
A.
ACCESSORY EQUIPMENT
ANTENNA
CO-LOCATION
EQUIPMENT COMPOUND
FT. WORTH ATTACHMENT
MINIMUM FUNCTIONAL HEIGHT
MODIFICATION
MONOPOLE
REPLACEMENT
SITE
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE
(1)
(2)
(3)
(4)
TOWER
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED
WCF)
TRANSMISSION EQUIPMENT
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS COMMUNICATIONS FACILITY (WCF) ON EXISTING STRUCTURE
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any equipment serving or being used in conjunction with wireless
telecommunications facility or wireless support structure. The term
includes utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters or similar equipment.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of radio, television, wireless telephone, pager, commercial mobile
radio service, or any other wireless signals. An antenna may include
an omnidirectional antenna (rod), directional antenna (panel), parabolic
antenna (disc), whip antennas, or any other wireless antenna. An antenna
shall not include tower-based WCF. For the purposes of this use, this
definition shall not include private residents' mounted satellite
dishes or television antennas or amateur radio equipment, including,
without limitation, ham or citizen radio antennas.
The placement or installation of new wireless communication
facility (WCF) on existing structure-based wireless communications
facilities on previously approved and constructed wireless support
structures, such as monopoles, utility poles, or light poles. The
term includes the placement, replacement, or modification of accessory/related
equipment within a previously approved equipment compound.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory/related equipment
is stored.
A non-freestanding pole which is attached to an electrical
transmission tower which is used to support antennas and accessory
equipment and which is anchored to the ground and obtains lateral
bracing by direct attachment to the electrical transmission tower.
Minimum height necessary for a WCF to function properly.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A tower which consists of a single pole structure without
any guy wires, designed and erected on the ground or on top of a structure,
to support communications antennas and connect appurtenances.
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, and light poles.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the original height of the tower by more than 10% or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater;
for other existing towers or base stations, it increases the original
height of the structure by more than 10% or more than 10 feet, whichever
is greater. Changes in height should be measured from the original
support structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Spectrum
Act;
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other existing towers or base stations,
it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site.
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communication
Commission-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services including, but not limited to, private broadcast, and public
safety services, as well as unlicensed wireless services (e.g., wi-fi)
and fixed wireless services (e.g., point-to-point microwave transmission)
such a microwave backhaul, and the associated site. A building, water
tower, electrical transmission tower, utility pole, light pole, traffic
signal pole, flag pole or other similar structure designed and constructed
for a sole or primary purpose other than supporting any Federal Communications
Commission-licensed or authorized antennas and their associated facilities
shall not be considered a tower.
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment. A WCF that requires
the replacement of an existing structure (e.g., building, water tower,
utility pole, light pole, traffic signal pole, flag pole or other
similar structure) to support the weight of a WCF is not considered
a new tower-based WCF.
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or authorized wireless communications service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiberoptic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as a microwave backhaul.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
The set of equipment and network components including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
Wireless communications facilities located on existing structures
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flag poles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless communications facilities if approved
by the Township.
B.
General requirements. The following regulations shall apply to all
tower-based wireless communications facilities:
(1)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(2)
Wind. Any tower-based 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 (ANSFEINTIA-222-E Code, as amended).
(3)
Height. Any tower-based WCF shall be designed at the minimum
functional height and shall not exceed a maximum total height of 150
feet. All tower-based WCF applicants must submit documentation to
the Township justifying the total height of the structure.
(4)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
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 facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize the best available
technology for preventing failures and accidents.
(6)
Radio frequency emissions. No tower-based 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.
(7)
Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places or the official historic
structures and/or historic districts list maintained by the Township,
or has been designated by the Township as being of historic significance.
(8)
Identification. All tower-based WCFs shall post a notice in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Township.
(9)
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law and as may be approved by the Township.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting, demonstrating as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
(10)
Appearance. Towers shall be galvanized and/or painted with a
rust- preventive paint of an appropriate color to harmonize with the
surroundings.
(11)
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.
(12)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(13)
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 tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this chapter. The applicant and/or
owner of the WCF shall reimburse the Township for all costs of the
Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(14)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this chapter.
(15)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(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.
(16)
Replacement. Replacement of WCFs on existing wireless support
structures or within existing equipment compounds may be performed
by the applicant without obtaining building or zoning permits from
the Township.
C.
Tower-based facilities outside the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
outside the rights-of-way:
(1)
Development regulations.
(a)
Gap in coverage and/or lack of adequate capacity. An applicant
for a tower-based WCF must demonstrate that a significant gap in wireless
coverage or lack of adequate capacity exists in the applicable area
and that the type of WCF being proposed is the least intrusive means
by which to fill that gap in wireless coverage or increase capacity.
The existence or nonexistence of a gap in wireless coverage and/or
lack of adequate capacity shall be a factor in the Township's decision
on an application for approval of tower- based WCFs.
(b)
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(c)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
[1]
The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
communications facility.
[2]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting.
[3]
Minimum setbacks. The tower-based WCF and accompanying
equipment building shall comply with the requirements for the applicable
zoning district, provided that no tower-based WCF shall be located
within 500 feet of a lot in residential use or a residential district
boundary.
(2)
Notice. Upon receipt of an application for a tower-based WCF,
the Township shall mail notice thereof to the owner or owners of every
property within 500 linear feet of the parcel or property of the proposed
facility.
(3)
Co-location. An application for a new tower-based WCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(4)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon health, safety and land use impact,
or any other lawful considerations related to the character of the
Township.
(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 antennae for future users.
(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
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 having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(b)
An evergreen screen that consists of a hedge, or a row of evergreen
trees, shall be located along the perimeter of the security fence.
(c)
The WCF applicant shall submit a landscape plan for review and
approval by the Township Planning Commission for all proposed screening.
(7)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be screened from public view using stealth technologies,
as described above.
(b)
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 of the underlying
zoning district.
(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.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(9)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. 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.
(10)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF outside the ROW shall, at its own cost and expense, obtain from
a surety licensed to do business in Pennsylvania and maintain a bond,
or other form of security acceptable to the Township Solicitor, in
an amount of $100,000 to assure the faithful performance of the terms
and conditions of this chapter. The bond shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this chapter, after
reasonable notice and opportunity to cure. The owner shall file the
bond with the Township.
(11)
Land use impact. The Township reserves the right to deny an
application for the construction or placement of any tower-based WCF
based upon land use impact.
(12)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this chapter and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
D.
Tower-based facilities in the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
(2)
Gap in coverage and/or lack of adequate capacity. An applicant
for a tower-based WCF must demonstrate that a significant gap in wireless
coverage or lack of adequate capacity exists in the applicable area
and that the type of WCF being proposed is the least intrusive means
by which to fill that gap in wireless coverage or increase capacity.
The existence or nonexistence of a gap in wireless coverage and/or
lack of adequate capacity shall be a factor in the Township's decision
on an application for approval of tower-based WCFs.
(3)
Notice. Upon receipt of an application for a tower-based WCF,
the Township shall mail notice thereof to the owner or owners of every
property within 500 linear feet of the property or parcel of the proposed
facility.
(4)
Co-location. An application for a new tower-based WCF in the
ROW shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(5)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(6)
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 18 inches of the face of the curb.
(b)
Ground-mounted equipment shall be screened, to the fullest extent
possible, through the use of landscaping or other decorative features
to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any 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 underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(7)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon health, safety and land use impact,
or any other lawful considerations related to the character of the
Township.
(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.
(8)
Land use impact. The Township reserves the right to deny the
construction or placement of any tower-based WCF in the ROW based
upon land use impact.
(9)
Additional antennas. As a condition of approval for all tower-based
WCFs in the ROW, 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. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Township.
(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 an emergency, an owner of tower-based 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 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.
(d)
An emergency as determined by the Township.
(11)
Compensation for ROW use. In addition to permit fees as described
above, every tower-based WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each tower-based WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection with
the activities described above. The annual ROW management fee for
tower-based WCFs shall be determined by the Township and authorized
by resolution of Township Board and shall be based on the Township's
actual ROW management costs as applied to such tower-based WCF.
(12)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF in the ROW shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Township Solicitor, in an amount
of $100,000 to assure the faithful performance of the terms and conditions
of this chapter. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this chapter, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
E.
Violations applicable to all wireless facilities.
(1)
Penalties. Any person violating any provision of this section
shall be subject, upon finding by a magisterial district judge, to
a penalty not exceeding $500, for each and every offense, together
with attorney's fees and costs. A separate and distinct violation
shall be deemed to be committed each day on which a violation occurs
or continues to occur. In addition to an action to enforce any penalty
imposed by this section and any other remedy at law or in equity,
the Township may apply to a Federal District Court for an injunction
or other appropriate relief at law or in equity to enforce compliance
with or restrain violation of any provision of this chapter.
(2)
Determination of violation. In the event a determination is
made that a person has violated any provision of this section, such
person shall be provided written notice of the determination and the
reasons therefore. Except in the case of an emergency, the person
shall have 30 days to cure the violation. If the nature of the violation
is such that it cannot be fully cured within such time period, the
Township may, in its reasonable judgment, extend the time period to
cure, provided the person has commenced to cure and is diligently
pursuing its efforts to cure. If the violation has not been cured
within the time allowed, the Township may take any and all actions
authorized by this section and/or federal and/or Pennsylvania law
and regulations.
Townhouses are permitted as provided in Article II herein and subject to the following criteria:
A.
Public sewer and water shall be used.
B.
At least 40% of townhouses shall be at the end of
their grouping. No more than 20% of the total number of townhouse
groupings shall contain more than six units, and in no case shall
any grouping contain more than eight units. For each townhouse grouping
containing more than four units, no more than 60% of such units shall
have the same front yard setback, the minimum variation of setback
shall be four feet. All townhouse buildings shall be set back a minimum
of 15 feet from any parking facilities contained on commonly held
lands. All townhouse buildings shall be set back at least 30 feet
from any perimeter boundary of the development site.
C.
No grouping shall contain more than eight dwelling
units nor exceed an overall length of 200 feet.
D.
Each dwelling unit shall be sited on a separated lot,
whether intended for sale or not.
Truck stops or motor freight terminals are permitted as provided in Article II herein and subject to the following criteria:
A.
The subject property shall have a minimum of 300 feet
of road frontage along an arterial road;
B.
All structures (including underground tanks) shall
be located no closer than 500 feet from any R Zone and/or property
containing a school, day-care facility, park, playground, library,
hospital, nursing, rest or retirement home, or medical residential
campus;
C.
All structures (including, but not limited to, air
compressors, fuel pump islands, kiosks) shall be set back at least
50 feet from any street right-of-way line;
D.
Access driveways shall be a minimum of 28 feet, and
a maximum of 35 feet wide. All access drives onto the same road shall
be set back at least 150 feet from one another, as measured from closest
points of cartway edges;
E.
Off-street parking shall be provided at a rate equal
to that required for each of the respective uses comprising the truck
stop. The applicant shall also present credible evidence that the
number of "oversized" off-street parking spaces provided for trucks
will be adequate to accommodate the expected demand generated by truck
patrons. Any gates or other barriers used at the entrance to parking
areas shall be set back and arranged to prevent vehicle backups onto
adjoining roads during peak arrival periods;
F.
Trash receptacles shall be provided amid off-street
parking areas which shall be routinely emptied. Furthermore, a working
plan for the regular cleanup of litter shall be furnished and continuously
implemented by the applicant;
G.
All uses involving drive-through restaurant and/or
drive-through vehicle service and/or washing shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads;
H.
All vehicle service and/or repair activities shall
be conducted within a completely enclosed building. No outdoor storage
of parts, equipment, lubricants, fuels, or other materials used or
discarded in any service or repair operations, shall be permitted;
I.
The outdoor storage of unlicensed vehicles is prohibited;
J.
All vehicles and machinery shall be repaired and removed
from the premises promptly;
K.
The demolition or junking of vehicles and machinery
is prohibited. Demolished vehicles and/or parts thereof, shall be
removed within two weeks after arrival;
M.
All outdoor loudspeaker systems shall be designed,
arranged, and operated so as to prevent objectionable impact on adjoining
parcels; and
N.
The applicant shall furnish evidence that the storage
and disposal of materials and wastes will be accomplished in a manner
that complies with all applicable state and federal regulations.
A detached single-family dwelling that existed on the effective date of this chapter, and contained (at that time) at least 3,000 square feet, may be converted into two dwelling units subject to the provisions of Article II herein and following criteria:
A.
The applicant shall furnish evidence that an approved
system of water supply and sewage disposal will be utilized;
B.
No extensions or modifications to the external appearance
of the building (except fire escapes) which would alter its residential
character shall be permitted;
C.
All floors above and below grade shall have a permanently
affixed direct means of escape to ground level;
D.
The applicant shall obtain any required land development
approvals; and
E.
Three development rights shall be required for each
such conversion.
Village overlay developments are permitted by conditional use in the Residential Zone and subject to the criteria of § 490-22 herein.
Waste handling facilities are permitted as provided in Article II herein and subject to the following criteria:
A.
All principal waste handling facilities for municipal
and residual wastes, as defined by the PA DEP, shall be operated,
and/or designated to be operated, by the Solid Waste Management Authority
of York County;
B.
Any processing and/or treatment of waste (including
but not limited to incineration, composting, steaming, shredding,
compaction, material separation, refuse derived fuel, pyrolysis, etc.)
shall be conducted within a completely enclosed building;
C.
No waste shall be deposited, stored or disposed of,
and no building or structure shall be located, within 200 feet of
any property line, within 500 feet of any land within a residential
zone, nor within a Restricted Development Overlay District;
D.
Any external area used for the unloading, transfer,
storage, or deposition of waste must be completely screened from view
at the property line. (The use of an earthen berm is encouraged where
practicable.) In addition, such areas must also be completely enclosed
by an eight-foot-high fence, with no openings greater than two inches
in any direction;
E.
The applicant must demonstrate compliance (through
a written statement) and continue to comply with all applicable state
and federal standards and regulations;
F.
The use shall be screened from all adjoining properties;
G.
The principal waste handling facility shall have direct
access to an arterial street;
H.
All uses shall provide sufficiently long stacking
lanes into the facility, so that vehicles waiting to be weighed and/or
unloaded will not back up onto public roads;
I.
All access drives on the site shall be completely
paved, except in the case of landfills where access drives are required
to be paved for a distance of at least 200 feet from the street right-of-way
line. In addition, if portions of on-site access drives are unpaved,
then a fifty-foot-long gravel section of driveway shall be placed
just beyond the preceding two-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's wheels. The owner and/or
operator shall be responsible for removing any mud from public roads
caused by persons traveling to and from the site;
J.
Access to the site shall be limited to those posted
times when an attendant is on duty. In order to protect against the
indiscriminate and unauthorized dumping, all areas of the site shall
be protected by locked barricades, fences, gates or other positive
means designed to deny access to the area at unauthorized times or
locations;
K.
Litter control shall be exercised to prevent the scattering
of wind-borne debris, and a working plan for the cleanup of litter
shall be submitted to the Township;
L.
The unloading, processing, treatment, transfer, and
disposal of waste shall be continuously supervised by a qualified
facility operator;
M.
Any waste that is to be recycled shall be stored in
leak- and vector-proof containers. Such containers shall be designed
to prevent their being carried by wind or water. These containers
shall be stored within a completely enclosed building;
N.
All storage of waste shall be indoors in a manner
that is leak- and vector-proof. During normal operation, no more waste
shall be stored on the property than is needed to keep the facility
in constant operation, but, in no event for more than 24 hours;
O.
A contingency plan for the disposal of waste during
a facility shutdown shall be submitted to the Township;
P.
Leachate from the waste shall be disposed of in a
manner in compliance with any applicable state and federal laws or
regulations. If leachate is to be discharged to a municipal sewage
facility, pretreatment shall be required and appropriate permits shall
be obtained from the applicable agencies and authorities. In no event
shall leachate be disposed of in a storm sewer, to the ground, or
in any other manner inconsistent with the Department of Environmental
Protection's regulations;
Q.
All structures shall be set back at least a distance
equal to their height;
R.
Water supply.
(1)
The applicant shall submit an analysis of raw water
needs (groundwater or surface water) from either private or public
sources, indicating quantity of water required. If the source is from
a municipal system, the applicant shall submit documentation that
the public authority will supply the water needed;
(2)
In addition, if the facility is to rely upon nonpublic
sources of water, a water feasibility study will be provided to enable
the municipality to evaluate the impact of the proposed development
on the groundwater supply and on existing wells. The purpose of the
study will be to determine if there is an adequate supply of water
for the proposed development and to estimate the impact of the new
development on existing wells in the vicinity. The water feasibility
shall be reviewed by the Municipal Engineer;
(3)
A water system that does not provide an adequate supply
of water for the proposed development, considering both quantity and
quality, or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the municipality;
(4)
A water feasibility study shall include the following
information:
(a)
Calculations of the projected water needs;
(b)
A geologic map of the area with a radius of
at least one mile from the site;
(c)
The location of all existing and proposed wells
within 1,000 feet of the site, with a notation of the capacity of
all high-yield wells;
(d)
The location of all existing on-lot sewage disposal
systems within one 1,000 feet of the site;
(e)
The location of all streams within 1,000 feet
of the site and all known point sources of pollution;
(f)
Based on the geologic formation(s) underlying
the site, the long-term safe yield shall be determined;
(g)
A determination of the effects of the proposed
water supply system on the quantity and quality of water in nearby
wells, streams, and the groundwater table; and
(h)
A statement of the qualifications and the signature(s)
of the person(s) preparing the study;
T.
A minimum 100-foot-wide landscape buffer planting strip C shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip. Landscaping shall be provided in accordance with Ch. 280, Landscaping;
[Amended 10-17-2019 by Ord. No. 2019-07]
U.
The applicant shall furnish expert testimony regarding
emergency preparedness measures provided and/or otherwise available
to respond to potential hazards regarding the spill of waste materials
during transport to and from the site, and potential hazards regarding
fire fighting of waste materials upon the site; and
V.
No principal waste handling facility shall be located
within one mile of another, as measured in a straight line between
closest property lines.
[Added 12-6-2018 by Ord.
No. 2018-09]
A.
ACCESSORY EQUIPMENT
ANTENNA
CO-LOCATION
EQUIPMENT COMPOUND
FT. WORTH ATTACHMENT
MINIMUM FUNCTIONAL HEIGHT
MODIFICATION
MONOPOLE
REPLACEMENT
SITE
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE
(1)
(2)
(3)
(4)
TOWER
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED
WCF)
TRANSMISSION EQUIPMENT
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS COMMUNICATIONS FACILITY (WCF) ON EXISTING STRUCTURE
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any equipment serving or being used in conjunction with wireless
telecommunications facility or wireless support structure. The term
includes utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters or similar equipment.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of radio, television, wireless telephone, pager, commercial mobile
radio service, or any other wireless signals. An antenna may include
an omnidirectional antenna (rod), directional antenna (panel), parabolic
antenna (disc), whip antennas, or any other wireless antenna. An antenna
shall not include tower-based WCF. For the purposes of this use, this
definition shall not include private residents' mounted satellite
dishes or television antennas or amateur radio equipment, including
without limitation, ham or citizen radio antennas.
The placement or installation of new wireless communication
facility (WCF) on existing structure-based wireless communications
facilities on previously approved and constructed wireless support
structures, such as monopoles, utility poles, or light poles. The
term includes the placement, replacement, or modification of accessory/related
equipment within a previously approved equipment compound.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory/related equipment
is stored.
A non-freestanding pole which is attached to an electrical
transmission tower which is used to support antennas and accessory
equipment and which is anchored to the ground and obtains lateral
bracing by direct attachment to the electrical transmission tower.
Minimum height necessary for a WCF to function properly.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A tower which consists of a single pole structure without
any guy wires, designed and erected on the ground or on top of a structure,
to support communications antennas and connect appurtenances.
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, and light poles.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the original height of the tower by more than 10% or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater;
for other existing towers or base stations, it increases the original
height of the structure by more than 10% or more than 10 feet, whichever
is greater. Changes in height should be measured from the original
support structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Spectrum
Act;
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other existing towers or base stations,
it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site.
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communication
Commission-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services including, but not limited to, private broadcast, and public
safety services, as well as unlicensed wireless services (e.g., wi-fi)
and fixed wireless services (e.g., point-to point-microwave transmission)
such a microwave backhaul, and the associated site. A building, water
tower, electrical transmission tower, utility pole, light pole, traffic
signal pole, flag pole or other similar structure designed and constructed
for a sole or primary purpose other than supporting any Federal Communications
Commission-licensed or authorized antennas and their associated facilities
shall not be considered a tower.
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment. A WCF that requires
the replacement of an existing structure (e.g., building, water tower,
utility pole, light pole, traffic signal pole, flag pole or other
similar structure) to support the weight of a WCF is not considered
a new Tower-Based WCF.
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or authorized wireless communications service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as a microwave backhaul.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
The set of equipment and network components including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
Wireless communications facilities located on existing structures
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flag poles
and other similar structures that do not require the installation
of a new tower. This term includes the replacement of an existing
structure with a similar structure that is required to support the
weight of the proposed WCF.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless communications facilities if approved
by the Township.
B.
Wireless communications facilities (WCF) on existing structures,
general requirements. The following regulations shall apply to all
wireless communications facilities (WCF) on existing structures that
do not substantially change the physical dimensions of the wireless
support structure to which they are attached:
(1)
Standard of care. Any WCF on existing structure 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.
Any WCF shall at all times be kept and maintained in good condition,
order and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
(2)
Wind. Any WCF on existing structure: 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 (ANSFEINTIA-222-E Code, as amended).
(3)
Public safety communications. No WCF on existing structure shall
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
(4)
Aviation safety. WCFs on existing structures shall comply with
all federal and state laws and regulations concerning aviation safety.
(5)
Radio frequency emissions. No WCF on existing structure 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.
(6)
Removal. In the event that use of a WCF on existing structure
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 three months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within three
months of the cessation of operations at a site, or within any longer
period approved by the Township, 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.
C.
General requirements for all wireless communications facilities on
existing structures. The following regulations shall apply to all
wireless communications facilities on existing structures that substantially
change the wireless support structure to which they are attached:
(1)
Standard of care. Any WCF on existing structure 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.
Any WCF shall at all times be kept and maintained in good condition,
order and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
(2)
Wind. Any WCF on existing structure: 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 (ANSFEINTIA-222-E Code, as amended).
(3)
Height. Any WCF on existing structure which are mounted to a
building or other structure, may not exceed a height of 20 feet above
the roof or parapet, whichever is higher, unless the applicant obtains
conditional use approval.
(4)
Public safety communications. No WCF on existing structure shall
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
(5)
Historic buildings. WCFs on existing structures may not be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places or the official historic
structures and/or historic district lists maintained by the Township,
or has been designated by the Township as being of historic significance.
(6)
Aviation safety. WCFs on existing structures shall comply with
all federal and state laws and regulations concerning aviation safety.
(7)
Maintenance. The following maintenance requirements shall apply:
(a)
The WCF on existing structure 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.
(8)
Identification. All tower-based WCFs shall post a notice in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Township.
(9)
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law and as may be approved by the Township.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting, demonstrating as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
(10)
Radio frequency emissions. No WCF on existing structure 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.
(11)
Removal. In the event that use of a WCF on existing structure
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 three months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within three
months of the cessation of operations at a site, or within any longer
period approved by the Township, 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.
(12)
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 this chapter. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(13)
Bond. Prior to the issuance of a permit, the owner of each individual
WCF on an existing structure shall, at its own cost and expense, obtain
from a surety licensed to do business in Pennsylvania and maintain
a bond, or other form of security acceptable to the Township Solicitor,
in an amount of $25,000 for each individual WCF on existing structure,
to assure the faithful performance of the terms and conditions of
this chapter. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this chapter, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
(14)
Replacement. Replacement of WCF's on existing wireless support
structures or within existing equipment compounds may be performed
by the applicant without obtaining building or zoning permits from
the Township.
D.
WCF on existing structures outside the rights-of-way. The following
additional regulations shall apply to WCFs on existing structures
located outside the rights-of-way that substantially change the wireless
support structure to which they are attached:
(1)
Development regulations. WCFs on existing structures shall be
co-located on existing structures, such as existing buildings or tower-based
WCFs subject to the following conditions:
(a)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(b)
A six-foot-high security fence shall surround any separate communications
equipment building. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
(2)
Design regulations.
(a)
WCFs on existing structures shall employ stealth technology
and be treated to match the supporting structure. The application
of the stealth technology chosen by the WCF applicant shall be subject
to the approval of the Township.
(b)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(c)
Noncommercial usage exemption. The design regulations enumerated
in this paragraph shall not apply to direct broadcast satellite dishes
installed for the purpose of receiving video and related communications
services at residential dwellings.
(3)
Removal, replacement, modification.
(a)
The removal and replacement of WCFs on existing structures and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the WCF or the numbers of antennae.
(b)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(4)
Replacement. Replacement of WCFs on existing wireless support
structures or within existing equipment compounds may be performed
by the applicant without obtaining building or zoning permits from
the Township.
(5)
Land use impact. The Township reserves the right to deny an
application for the construction or placement of any WCF on existing
structure based upon land use impact.
(6)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this chapter and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time upon reasonable notice
to the operator, to ensure such compliance.
E.
WCFs on existing structures in the rights-of-way. The following additional
regulations shall apply to all WCFs on existing structures located
in the rights-of-way:
(1)
Co-location. WCFs on existing structures in the ROW shall be
co-located on existing poles, such as existing utility poles or light
poles.
(2)
Design requirements.
(a)
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of 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)
Antennaes and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(3)
Compensation for ROW use. In addition to permit fees as described
above, every WCF on existing structure in the ROW is subject to the
Township's right to fix annually a fair and reasonable compensation
to be paid for use and occupancy of the ROW. Such compensation for
ROW use shall be directly related to the Township's actual ROW management
costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each WCF on existing structure shall pay an annual fee to the Township
to compensate the Township for its costs incurred in connection with
the activities described above. The annual ROW management fee for
WCFs on existing structures shall be determined by the Township and
authorized by resolution of Township Board and shall be based on the
Township's actual ROW management costs as applied to such WCFs on
existing structures.
(4)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all WCFs on existing structures, WCFs in the ROW based on public
safety, traffic management, physical burden on the ROW, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Township and the
requirements of the Public Utility Code.
(5)
Equipment location. WCFs on existing structures 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 18 inches of the face of the curb.
(b)
Ground-mounted equipment shall be screened, to the fullest extent
possible, through the use of landscaping or other decorative features
to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any 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 underground vaults related to WCFs on existing structures
shall be reviewed and approved by the Township.
(6)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a 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.
(d)
An emergency as determined by the Township.
(7)
Replacement. Replacement of WCF's on existing wireless support
structures or within existing equipment compounds may be performed
by the applicant without obtaining building or zoning permits from
the Township.
(8)
Land use impact. The Township retains the right to deny an application
for the construction or placement of a WCF on existing structure based
upon land use impact.
F.
Violations applicable to all wireless facilities.
(1)
Penalties. Any person violating any provision of this section
shall be subject, upon finding by a magisterial district judge, to
a penalty not exceeding $500, for each and every offense, together
with attorney's fees and costs. A separate and distinct violation
shall be deemed to be committed each day on which a violation occurs
or continues to occur. In addition to an action to enforce any penalty
imposed by this section and any other remedy at law or in equity,
the Township may apply to a Federal District Court for an injunction
or other appropriate relief at law or in equity to enforce compliance
with or restrain violation of any provision of this chapter.
(2)
Determination of violation. In the event a determination is
made that a person has violated any provision of this section, such
person shall be provided written notice of the determination and the
reasons therefore. Except in the case of an emergency, the person
shall have 30 days to cure the violation. If the nature of the violation
is such that it cannot be fully cured within such time period, the
Township may, in its reasonable judgment, extend the time period to
cure, provided the person has commenced to cure and is diligently
pursuing its efforts to cure. If the violation has not been cured
within the time allowed, the Township may take any and all actions
authorized by this section and/or federal and/or Pennsylvania law
and regulations.
Wholesale produce and tobacco auctions are permitted as provided in Article II herein and subject to the following criteria:
A.
No part of the subject property shall be within 200
feet of any R Zone;
B.
All access drives onto the site shall be paved for
a distance for at least 200 feet from the street right-of-way line.
In addition, a fifty-foot-long gravel section of driveway shall be
placed just beyond the preceding two-hundred-foot paved section to
help collect any mud that may have attached to a vehicle's wheels.
The owner and/or operator shall be responsible for removing any mud
from public roads caused by persons traveling to and from the site;
C.
The owner and/or operator of the produce auction shall
be responsible for removing any mud from public roads caused by persons
traveling to and form the auction;
D.
The applicant shall be required to provide sufficient
off-street parking and loading so as not to require such parking or
loading on or along any road, nor upon adjoining property. If, at
any time after the opening of the facility, the Supervisors determine
that parking, loading or traffic backups are occurring on adjoining
roads, and such are directly related to the lack of on-site facilities
on the subject property, the Supervisors can require the applicant
to revise and/or provide additional on-site parking and/or loading
space. In addition, the Supervisors may require an unimproved grassed
overflow parking area to be provided for peak use periods. Such overflow
parking areas shall be accessible only from the interior driveways
of the permanent parking lot. Overflow parking areas shall contain
fencing to prevent vehicles from crossing adjoining properties or
directly accessing adjoining roads;
E.
The applicant shall furnish expert evidence that the
proposed use will not be detrimental to the use of adjoining properties
due to hours of operation, noise, light, litter, dust and pollution;
F.
The proposed use shall front along an arterial road;
H.
Soil erosion, sedimentation and stormwater runoff
shall be controlled in accordance with all applicable laws and regulations;
and
I.
The applicant shall submit and continuously implement
a working plan for the cleanup of litter and other debris.
[Added 1-17-2008 by Ord. No. 2008-02]
Wind energy facilities are permitted as provided in Article II herein and subject to the following criteria:
A.
A narrative shall be provided describing the proposed
facility, including an overview of the project, the project location,
the approximate generating capacity of the facility, the approximate
number, representative types and height or range of heights of the
wind turbine(s) to be constructed, including their generating capacity,
dimensions and respective manufacturers, and a description of all
ancillary and accessory facilities. The project must be proposed in
such a way as to provide for the minimum disturbance to and minimum
removal of existing vegetation and trees. The plan shall also provide
a telephone number for a responsible party for the Township or public
to contact with inquiries and complaints. This information shall remain
in place and be updated if necessary throughout the life of the project.
B.
Proof that design of the facility conforms to the
applicable industry standards, including those of the American National
Standards Institute. Design compliance certificates shall be provided
by the equipment manufacturers from recognized certifying organizations
such as Underwriters Laboratories, Det Norske Veritas, or Germanischer
Lloyd Wind Energies.
C.
Proof of compliance with the Pennsylvania Uniform
Construction Code, to the extent applicable.
D.
All facilities shall be equipped with a redundant
braking system that includes both aerodynamic overspeed controls (including
variable pitch, tip, and other similar systems) and mechanical brakes.
All mechanical brakes must operate in a fail-safe mode. Stall regulation
shall not be considered a sufficient braking system for overspeed
protection.
E.
All wind turbines shall be a nonobtrusive flat color
such as white, off-white, brown or gray.
F.
No lighting of the wind turbine shall be permitted
except as required by the Federal Aviation Administration Lighting
of the ancillary and accessory ground facilities shall be limited
to that necessary for operation and security of the facility.
G.
No advertising shall be displayed on the wind turbine.
H.
On-site transmission and power lines between wind
turbines shall be placed underground to the maximum extent practicable.
I.
Clearly visible warning signs concerning voltage must
be placed at the base of all pad mounted transformers and substations.
J.
Safety reflectors and warning reflectors or tape shall
be placed on all anchor points of guy wires and on wires from the
ground to a distance of 12 feet from the ground.
K.
No wind turbine shall be climbable up to 15 feet above
the ground surface.
L.
All access doors to wind turbines and electrical equipment
shall be locked or fenced, as appropriate, to prevent entry by nonauthorized
personnel.
M.
Wind turbines shall be set back from the property
line and all public roads a distance of not less than the setback
requirements of the zone or 110% of the turbine height, whichever
is greater. The setback shall be measured from the center of the wind
turbine base.
N.
Audible sound from the wind energy facility shall
not exceed 60 dBA, as measured at the property line.
O.
Shadow flicker on adjoining properties must be minimized
to the greatest extent possible.
P.
The wind energy facility shall not cause the disruption
or loss of radio, telephone, television or other similar signals.
Q.
The operator and owner shall maintain a general liability
policy covering bodily injury and property damage with limits of a
minimum of $1,000,000 per occurrence and $1,000,000 aggregate during
the life of the project. Certificates of insurance, updated as necessary
to provide continuous coverage, shall be provided to Hellam Township.
R.
The owner of the property shall provide an executed agreement, in a form recordable in the Office of the Recorder of Deeds of York County, and in such form as is acceptable to the Township, permitting entry upon the owners lands by the Township and its agents and employees for periodic inspection of the wind energy facilities and to permit decommissioning pursuant to Subsection S(6) below.
S.
Decommissioning.
(1)
The wind energy facility shall be decommissioned by
the owner and operator within nine months after the end of its useful
life. The end of the useful life shall be presumed if no electricity
is generated for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines,
buildings, cabling, electrical components, access roads, foundations
and all other associated facilities.
(3)
All disturbed earth shall be graded and reseeded with
vegetation and trees to match that removed at the time of construction.
(4)
The owner of the property shall provide an estimate
of the cost of decommissioning by a certified professional engineer.
The cost shall be determined without regard to the salvage value of
any equipment. The initial estimate shall be submitted to the municipality
with the zoning application, and an updated estimate shall be provided
triannually thereafter. All estimates shall be paid for by the owner.
(5)
The facility operator or property owner shall post
and maintain at all times security in a form acceptable to the municipality
for decommissioning in an amount equal to 110% of the estimated of
the cost of decommissioning.
[Added 1-16-2014 by Ord. No. 2014-01]
Wineries are permitted only as an accessory use to the principal use of the property as a vineyard as provided in Article II herein and subject to the following criteria:
B.
Type B:
[Amended 10-17-2019 by Ord. No. 2019-07; 10-15-2020 by Ord. No. 2020-02]
(1)
Minimum Lot Area - 10 acres.
(2)
Minimum Wine-producing crops requirement: At
least two acres of the lot on which the Type B winery is located shall
be planted on the same parcel of land which is permitted for and being
utilized for agriculture.
(3)
The applicant shall furnish evidence that adequate
water supply and sewage disposal can be provided. If public sanitary
sewer is not available, then the on-site sewage disposal system shall
be designed and sized to accommodate the proposed facility.
(4)
The following activities are permitted:
(a)
Retail and wholesale sales of wine and related
products.
(b)
Wine tasting at tasting facilities.
(c)
Instruction related to the wine making process.
(d)
Limited food service - This food service shall
not include restaurants, but may include the following: deli-service
of prepackaged food, winemaker dinners, food service for events. The
following criteria must be met: no interior seating will be dedicated
solely to the purpose of meal service; no food will be cooked to order,
although a list of prepackaged foods may be posted.
(e)
Winery events.
[1]
The applicant shall provide a detailed
written plan addressing the following items associated with winery
events:
[a]
Project narrative.
[i]
General description on the proposed
types, number and duration of events.
[ii]
Description of sanitation provisions.
[iii]
Parking and circulation. Include
details on the location, parking area(s) and parking surface. The
applicant must demonstrate the ability to provide safe access, vehicular
circulation and parking.
[b]
Control of noise.
[i]
The plan for noise control shall
take into account and use topography and/or buildings to minimize
noise effects on the surrounding community.
[ii]
Outdoor functions shall be confined
to an area within the interior of the property to minimize the impact
of noise and other activities to adjacent and/or surrounding properties.
[iii]
Explanation of how amplified
sound and noise complaints will be addressed.
[iv]
The applicant shall furnish evidence
that the proposed event will not be louder than 65 db when measured
at the property line.
[2]
No single event shall exceed more
than two consecutive days.
[3]
Indoor events. The maximum allowed
attendance for an indoor event shall not exceed the maximum occupancy
requirements for any buildings used for the event. Event capacities
are also regulated by the most recent international fire code. The
more strict capacity shall have precedence.
[a]
Event structures, including parking
and driveway, shall be at least 250 feet from any side or rear property
line in the RA Zone.
[b]
Event structures and parking lot
shall be set back at least 250 feet from the street right-of-way in
the RA Zone.
[c]
Event structures with a capacity
of 150 or more people shall utilize public water and sewer.
[d]
Event structures with a capacity
of 100 or more people shall have direct vehicular access to an arterial
or collector highway.
[e]
All appropriate state licenses shall
be obtained for including, but not limited to, serving alcoholic beverages
and food preparation.
[f]
Events are permitted only as an
accessory use to the winery and cannot exceed two acres for entire
facility use, which includes structures and/or tents and/or canopies
and parking.
[g]
A special event permit, in accordance with Chapter 126 of the Hellam Township Code of Ordinances, must be obtained from the Township a minimum of 10 days in advance of any winery event. If a plan for a specific type of winery event has not been filed with the Township, one must be submitted at the time of permit application.
[h]
All events shall end no later than
10:00 p.m.
[4]
Outdoor events, including those
held under tents or other temporary structures.
[a]
Outdoor event areas, including tenting,
canopies and parking shall not be located within 250 feet of any property
line.
[b]
Tenting and/or canopies for events
shall be temporary in nature.
[c]
A special event permit, in accordance with Chapter 126 of the Hellam Township Code of Ordinances, must be obtained from the Township a minimum of 10 days in advance of any winery event. If a plan for a specific type of winery event has not been filed with the Township, one must be submitted at time of permit application.
[d]
All outdoor events shall end no
later than 10:00 p.m.
[5]
Temporary overflow parking may be
utilized.
[a]
This must be provided in a well-drained,
suitably graded area adjacent to the required parking area.
[b]
An unimproved grassed overflow parking
area may be utilized during peak use periods.
[c]
If, at any time after a winery event,
the Supervisors determine that overflow parking is inadequate in drainage
or quantity, the Supervisors can require the applicant to revise and/or
provide additional on-site parking spaces.
[d]
The owner and/or operator of the
winery shall be responsible for removing any mud from public roads
caused by unimproved overflow parking.
(5)
A permanent designated parking area devoted to
servicing customers and/or visitors to any winery accessory to agriculture
shall be provided proximate to the building used for accessory activities.
The designated parking area shall have no fewer than 10 parking spaces,
all of which shall be improved to a mud-free condition.
(6)
No vehicles shall be parked upon any part of
the traveled portion of any public roadway or upon the property of
any other person without prior written consent.
(7)
All solid waste shall be stored in a manner that
prevents the propagation, harborage, or attraction of flies, rodents,
vector, or other nuisance conditions.
(8)
Prior to certificate of occupancy issuance, the
applicant shall furnish evidence of the obtainment of a Pennsylvania
Limited Winery License from the Pennsylvania Liquor Control Board
and details on commercial trash contract.
