A.
This article establishes specific requirements for
specific uses, in addition to the general requirements of this chapter
and the requirements of each district.
[Amended 3-15-1999 by Ord. No. 5-99]
A.
Each of the following uses shall meet all of the following
requirements for that use:
(1)
Adult use. (This is limited to the following:
adult bookstore, adult movie theater, massage parlor or cabaret.)
(a)
No such use shall be located within 500 lineal
feet of any primary or secondary school, place of worship, public
park, day-care center, child nursery, library, RR, LDR, MDR, MHDR
or CR District or any site marked as a proposed future park location
on the Township Official Map.
(b)
No such use shall be located within 1,000 lineal
feet of any existing adult bookstore, adult movie theater, massage
parlor or cabaret.
(c)
A forty-foot wide buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with Article XIX, but with plantings of an initial minimum height of five feet.
(d)
No obscene nor pornographic material or words
shall be placed in view of persons who are not inside of the establishment.
Definite precautions shall be made to prohibit minors from entering
the premises.
(e)
The applicant must prove to the satisfaction
of the Board of Commissioners that such use would not in any way adversely
affect the character of the surrounding area, including property values.
(f)
No such use shall be used for any purpose that
violates any federal, state or Township law. Any violation of this
zoning requirement involving a serious criminal offense that the proprietor
has continuing knowledge of and allows to occur shall be sufficient
reason for the Township to withdraw the zoning permit.
(h)
No such use shall be allowed in combination
with the sale of alcoholic beverages.
(i)
The use shall not include the sale or display
of obscene materials. "Obscene materials" shall be as defined by state
law, except the words "reasonable persons" shall be substituted for
"average person applying contemporary community standards."
(j)
These uses are specifically prohibited in all
districts except the PC District.
(k)
A minimum lot area of two acres is required.
(l)
Any private viewing booths shall be completely
enclosed and limited to one person per booth.
(m)
No use may include live actual or simulated
sex acts.
(n)
Only "lawful" massages as defined by state court
decisions shall be performed in a massage parlor.
(o)
The use shall not operate between the hours
of 11:00 p.m. and 7:00 a.m.
(p)
No more than one adult use shall be located
on any lot.
[Added 3-5-2007 by Ord. No. 01-07]
(q)
No lot containing an adult use shall be located
within 5,280 lineal feet from the lot line of a gaming facility or
racetrack.
[Added 3-5-2007 by Ord. No. 01-07]
(2)
Adult day-care center.
(3)
Airport or heliport.
(a)
A minimum lot size of 25 acres for an airport.
(b)
For a heliport, a minimum lot size of two acres
shall be required in an OB, LI or GI District or 15 acres in any other
district.
(c)
Runways shall be oriented to minimize the hazards
and disturbance posed by aircraft during takeoff and landing.
(d)
The Pennsylvania Bureau of Aviation shall find
the landing area safe and acceptable for licensing to develop the
property for an airstrip, airport or heliport.
(e)
The proposed expected flight paths must be such
that a noise hazard will not be created to existing residences or
approved residential developments.
(f)
The end of any runway shall be a minimum of
1,000 feet and the landing pad of a heliport shall be a minimum of
300 feet from any existing principally residential use which the applicant
for the airport or heliport does not have an option to purchase.
(g)
Conditions. The Zoning Hearing Board may place
such necessary and reasonable conditions on the use to carry out the
objectives of this chapter. These include limiting the types and sizes
of aircraft, the hours of operations, the numbers of flights and the
general direction of approach. However, the Zoning Hearing Board shall
not place any conditions on the use that will seriously threaten the
safety of the operations.
(5)
Animal hospital/veterinary office.
(a)
A minimum lot area of two acres shall be required
for those animal hospitals treating small animals (such as cats, birds
or snakes). A minimum lot size of three acres shall be required for
those animal hospitals treating large animals (such as cattle, horses
or pigs).
(b)
All buildings in which animals are housed or
provided care shall be located at least 100 feet from any lot line
of another lot. Buildings should be adequately soundproofed so that
sounds generated within the buildings cannot be perceived at the lot
lines.
(c)
Outdoor animal runs may be provided for small
animals so long as the runs are at least 200 feet from any existing
dwelling.
(d)
A commercial kennel shall only be an accessory
and not a principal use.
(6)
Animal husbandry.
(a)
Minimum lot area: five acres.
(b)
No new barns, animal shelters, stables, feed
yards, or manure storage areas shall be located closer than 300 feet
from all dwellings (except the dwelling of the owner or lessee) and
from RR, LDR, MDR or MHDR District boundaries, and from existing restaurants
and from existing office uses and 150 feet from all exterior property
lot lines.
(c)
No additions to existing barns, animal shelters,
stables, feed yards, or manure storage areas will be located closer
than 100 feet from all property lines, LDR, MDR or MHDR District boundaries
and dwellings (except the dwelling of the owner or lessee).
(d)
Any area used for the keeping of animals or
livestock shall be separated by a fence and setback 50 feet from any
lot line of an existing residence or any lot line within an RR, LDR,
MDR or MHDR District.
(e)
The keeping of minks or garbage-fed pigs is
prohibited in all districts.
(7)
Auditorium, commercial.
(a)
A forty-foot buffer yard shall completely separate
the structure and all off-street parking areas from any lot line of
any residential use or RR, LDR, MDR or MHDR District.
(b)
A commercial auditorium shall have a minimum
lot size of one acre for each 100 seats.
(c)
The structure of a commercial auditorium with
a capacity of 300 or more person shall be set back a minimum of 300
feet from the lot line of any residential use or RR, LDR, MDR or MHDR
District.
(8)
Auto repair garage.
(a)
All major repair, welding and paint work shall
be performed within an enclosed building.
(b)
All reasonable efforts shall be made to prevent
or minimize noise, odor, vibration, light or electrical interference
to adjacent lots.
(c)
Outdoor storage of autos and other vehicles
shall not be within the required front yard nor closer than 20 feet
from any other lot line.
(d)
Outdoor storage of auto parts and junk shall
be prohibited.
(e)
No vehicle that is not operable or does not
have current registration shall be stored with view of public streets
or a dwelling for a total of more than 10 days.
(f)
Service bay doors shall not face abutting RR,
LDR, MDR or MHDR Districts.
(g)
A use that is primarily intended to serve trucks
with six or more wheels shall be required to have a minimum lot area
of three acres and all areas used for repairs, fueling and serving
of such vehicles shall be set back a minimum of 200 feet from all
existing residential lot lines and residential zoning boundaries.
(10)
Auto service station.
(b)
All activities except those to be performed
at the fuel or air pumps shall be performed within a completely enclosed
building.
(c)
Fuel pumps shall be at least 25 feet from the
existing street right-of-way.
(d)
All automobile parts and dismantled vehicles
are not to be visible from a public street or dwelling.
(e)
No vehicle that is not operable or does not
have current registration shall be stored within view of a public
street or a dwelling for more than a total of 10 days.
(f)
There shall be an ability for a minimum of four
vehicles to be serviced at each cluster of gasoline pumps or to be
lined up behind cars being serviced, without obstruction of access
into or out of the use.
(g)
A use that is primarily intended to serve trucks
with six or more wheels shall be required to have a minimum lot area
of three acres, and all areas used for fueling and servicing shall
be set back a minimum of 100 feet from all existing residential lot
lines and residential zoning district boundaries.
(11)
Boardinghouse.
(a)
Minimum lot area: two acres.
(b)
Minimum building setback: 20 feet, side lot
lines; 50 feet, all other lot lines.
(c)
Minimum lot width: 150 feet.
(d)
Maximum density: four bedrooms or eight persons
per acre.
(e)
Each sleeping room shall be limited to two persons
each.
(f)
A twenty-foot wide buffer yard with screening meeting § 275-171D shall be provided between any boardinghouse building and any abutting single-family detached dwelling that is within 120 feet of the proposed boardinghouse building.
(g)
Interior space: a minimum of 300 square feet
of interior floor space per resident.
(h)
Maximum number of residents: 20.
(i)
See also standards for "personal care centers"
which is a separate use.
(j)
Signs shall be limited to two signs with a maximum
of two square feet each.
(k)
Rooms shall be rented for a minimum period of
seven days.
(12)
Bottling plant. Centralized sewage disposal
facilities and centralized water supply facilities shall be provided.
(13)
Bus station (as a principal use for intercity
travel).
(a)
Shall be on a lot with access available to an
arterial street, without causing the traffic to pass through a primarily
residential area.
(b)
Shall provide an area for the loading and unloading
of buses separate from required off-street parking areas, and a separate
area for pickup and dropoff of persons from private vehicles.
(14)
Campground.
(a)
Campground.
[2]
Each camping site shall be clearly designated on a plan submitted with the application for such use. Where the use involves five or more camping sites, each camping site shall be clearly designated on a site plan which shall be submitted and reviewed pursuant to § 275-178.
[3]
This use shall be served by both
public water and public sewer service.
[5]
Lighting perceptible beyond the property line shall be minimized in accordance with § 275-135 of this chapter.
[6]
No camping site or camping unit,
or any part thereof, shall be located within the one-hundred-year
floodplain.
[7]
The use shall comply with the off-street parking requirements of Article XVII, Off-Street Parking and Loading, Table 17.1, Off-Street Parking Requirements, C.7.
[8]
Each principal building, accessory
structure, camping site and camping unit shall be set back a minimum
of 150 feet from any dwelling and from any residential district line,
unless a more restrictive setback is required under any other provision
of this chapter, in which event such more restrictive setback shall
apply.
[9]
Not more than 50% of the lot shall
be allocated to camping sites.
[10]
Maximum lot coverage: 10% maximum
building coverage, 20% total impervious coverage.
[11]
The number of total allowable
camping sites within the lot shall be determined by multiplying the
total acreage of the lot by 2 1/2 camping sites per acre.
[12]
To ensure that this use involves only transient or seasonal occupancy of camping units and except only as provided in Subsection A(14)(a)[13]:
[a]
No individual camping unit, other
than a cabin, shall be erected, placed and/or maintained on any one
or more, or different, camping sites for a period of time longer than
100 consecutive days, or longer than 100 days in any calendar year.
[b]
No person shall occupy any one
or more, or different, camping units, including cabins for a period
of time longer than 100 consecutive days or longer than 100 days in
any calendar year. The campground owner shall maintain adequate written
records so that compliance with the foregoing can be determined from
such records.
[13]
A maximum of 10% of the camping
sites may be designated by the applicant as available for the seasonal
placement and occupancy of camping vehicles for a period of time not
to exceed 270 consecutive days or 270 days in any calendar year. No
camping vehicle may be moved from one camping site to a different
camping site to avoid these time limitations, it being the intention
of this subsection that no individual camping vehicle be placed anywhere
on the lot for a period of time exceeding 270 consecutive days or
270 days in any calendar year. The campground owner shall maintain
adequate written records so that compliance with the foregoing can
be determined from such records.
(b)
Campground, water-based recreational.
[1]
For purposes of this chapter, this
use shall be considered a "commercial use."
[3]
A site plan shall be submitted in connection with all applications for this conditional use. Each camping site shall be clearly designated on the site plan. See § 275-178B of this chapter.
[4]
This use shall be served by both
public water and public sewer service.
[6]
Lighting perceptible beyond the property line shall be minimized in accordance with § 275-135 of this chapter.
[7]
No camping site or camping unit,
or any part thereof, shall be located within the one-hundred-year
floodplain.
[8]
No camping site or camping unit
shall be located more than 1,000 feet from the major recreational
water resource.
[9]
The use shall have adequate public
or private rights of ingress to an egress from and use of the major
recreational water resource.
[10]
The use shall comply with the off-street parking requirements of Article XVII, Off-Street Parking and Loading, Table 17.1, Off-Street Parking Requirements, C.7.
[11]
Each principal building, accessory
structure, camping site and camping unit shall be set back a minimum
of 150 feet from any dwelling and from any residential or agricultural
district line, unless a more restrictive setback is required under
any other provision of this chapter, in which event such more restrictive
setback shall apply.
[12]
This use shall require a minimum
lot area of 30 acres. This minimum lot area may include the water
surface area of a major recreational water resource which is located
entirely within the lot. This is intended to require a minimum lot
area of 30 acres exclusive of major recreational water resources,
such as the Lehigh River which adjoin or abut, but are not located
entirely within the lot.
[13]
Not more than 50% of the lot area,
exclusive of the water surface of the major recreational water resource
within the lot, shall be allocated to camping sites.
[14]
Maximum lot coverage: 10% maximum
building coverage, 20% total impervious coverage.
[15]
The number of total allowable
camping sites within the lot shall be determined by multiplying the
total acreage of the lot by 4.5 camping sites per acre.
[16]
To ensure that this use involves only transient or seasonal occupancy of camping units and except only as provided in Subsection A(14)(b)[17]:
[a]
No individual camping unit, other
than a cabin, shall be erected, placed and/or maintained on any one
or more, or different, camping sites for a period of time longer than
100 consecutive days or longer than 100 days in any calendar year;
and
[b]
No person shall occupy any one
or more, or different, camping units, including cabins, for a period
of time longer than 100 consecutive days or longer than 100 days in
any calendar year. The campground owner shall maintain adequate written
records so that compliance with the foregoing can be determined from
such records.
[17]
A maximum of 10% of the camping
sites may be designated by the applicant as available for the seasonal
placement and occupancy of camping vehicles for a period of time not
to exceed 270 consecutive days or 270 days in any calendar year. No
camping vehicle may be moved from one camping site to a different
camping site to avoid these time limitations, it being the intention
of this subsection that no individual camping vehicle be placed anywhere
on the lot for a period of time exceeding 270 consecutive days or
270 days in any calendar year. The campground owner shall maintain
adequate written records so that compliance with the foregoing can
be determined from such records.
(15)
Car wash.
(a)
Traffic flow and ingress-egress shall not cause
traffic hazards on adjacent streets.
(b)
Access points shall be limited to two on each
street abutting the lot.
(c)
On-lot traffic circulation channels and parking
areas shall be clearly marked.
(d)
Signs and outdoor lighting shall be in accordance
with this chapter.
(e)
Adequate provisions shall be made for the proper
and convenient disposal of refuse.
(f)
Centralized sewage disposal facilities and centralized
water supply facilities shall be provided.
(g)
Water used in the operation shall be collected
and recycled and shall not flow into any storm sewers.
(h)
Water from the car wash operation shall not
flow onto sidewalks or streets, to prevent hazards from ice.
(i)
Any car wash that is located within 200 feet
of an existing residence shall not operate between the hours of 10:00
p.m. and 7:00 a.m.
(j)
Any chemicals that may be hazardous to aquatic
life shall be stored within an area that will completely contain any
leaks or spills.
(16)
Cemetery.
(a)
Shall be on a lot at least two acres in area.
(b)
A crematorium shall be allowed as a special
exception accessory use only in the AG District and is prohibited
from all other districts.
(c)
All structures and graves shall be set back
a minimum of 50 feet from the lot line of an abutting residential
use or any abutting residentially zoned lot, 25 feet from the right-of-way
of any public street and five feet from the cartway of an internal
driveway.
(d)
No grave sites shall be located within the one-hundred-year
floodplain.
(17)
Check-cashing business.
[Added 3-5-2007 by Ord. No. 01-07]
(a)
No more than one check-cashing business shall
be located on any lot.
(18)
Co-located commercial communications antenna/commercial
communications antenna/commercial communications tower:
[Amended 3-19-2001 by Ord. No. 03-01]
(a)
Site plan. A site plan shall be prepared and submitted for any proposed commercial communications tower pursuant to the requirements of § 275-178. No site plan is required for a co-located commercial communications antenna, although a visual impact analysis may be required pursuant to Subsection A(18)(d).
(b)
Commercial communications tower and/or antenna
as additional lot use and/or structure. A commercial communications
tower and/or antenna may be located on a lot within the requirements
of this chapter whether or not other uses or structures are also located
on such lot, and the existence of other or different uses and/or structures
on said lot shall not solely by reason thereof preclude the installation
of such tower and/or antenna. For the purpose of determining whether
a commercial communications tower and/or antenna complies with the
lot regulations in any zoning district (including but not limited
to lot area, lot width, lot depth, and lot coverage), the dimensions
of the entire lot shall control, even though such tower and/or antenna
are the subject of a license or lease on such lot, and the creation
of a such license or lease shall not be considered a subdivision of
land.
(c)
Additional setback. A commercial communication
tower shall be set back to the most restrictive of the following:
[1]
A distance equal to 1/2 the height of the tower from the nearest
property, lease lot, or street right-of-way line;
[2]
A distance measured to the nearest property, lease lot, or street
right-of-way line equal to the commercial communications tower fall
zone;
[3]
Three hundred feet from the nearest residential dwelling;
[4]
Three hundred feet from the nearest residential lot line;
[5]
Three hundred feet from the nearest Township recreation or park parcel
lot line; and
[6]
The setback requirements applicable to other structures in the zoning
district.
(d)
Visual impact analysis.
[1]
The applicant shall be required
to undertake a visual impact analysis for any proposed commercial
communications tower, and may be required by the Zoning Officer to
undertake such analysis for a commercial communications antenna. The
visual impact analysis, in the form of a written report prepared by
a qualified professional, shall assess the cumulative impacts of the
proposed facility and other existing and reasonably foreseeable commercial
communications towers within a one-mile radius, and shall identify
and include all feasible mitigation measures necessary to mitigate
any negative visual impact by the proposed facility. The applicant
shall revise such report as necessary pursuant to the review comments
of the Township. Mitigation measures should be consistent with the
technological requirements of the applicant. All costs for the visual
impact analysis, and applicable Township administrative costs, shall
be borne by the applicant. The visual impact analysis report shall
include at least, but is not limited to, the following:
[a]
A photograph simulation of predevelopment
versus postdevelopment views from key viewpoints, inside and/or outside
the Township, as determined by the Township.
[b]
An analysis of alternative tower
structure designs and color schemes.
[c]
An analysis of the visual impact
of the tower base, accessory buildings, and overhead utility lines
from abutting properties and streets.
[d]
At the request of the Township,
an additional simulation of the tower's visual impact shall be provided
by erecting a mechanical construction crane to the proposed height
of the tower at the proposed project site. The applicant shall allow
the viewing of the crane simulation by Township officials and interested
parties at a reasonable day and time as established by the Township.
[2]
The Township shall review and consider
all information presented in the report. Measures necessary to mitigate
any negative visual impact created by the proposed tower shall be
provided and implemented as required by the Township. The Township
shall have the right to require an alternative tower structure.
(e)
National Environmental Policy Act (NEPA).
[1]
The applicant shall demonstrate
that all NEPA requirements, where applicable, for any proposed commercial
communications tower or antenna have been met. A copy of the NEPA
required environmental assessment (EA) report shall be submitted when
the proposed commercial communications tower or antenna falls into
one or more of the following categories:
[a]
Facilities that are to be located
in an officially designated wilderness area;
[b]
Facilities that are to be located
in an officially designated wildlife preserve;
[c]
Facilities that may affect listed
threatened or endangered species or designated critical habitats;
[d]
Facilities that are likely to jeopardize
the continued existence of any proposed endangered or threatened species
or likely to result in the destruction or adverse modification of
proposed critical habitats, as determined by the Secretary of the
Interior pursuant to the Endangered Species Act of 1973;
[e]
Facilities that may affect districts,
sited, buildings, structures or objects, significant in American history,
architecture, archaeology, engineering or culture, that are listed,
or are eligible for listing in the National Register of Historic Places;
[f]
Facilities that may affect a Native
American religious site;
[g]
Facilities whose construction will
involve significant change to surface features including but not limited
to wetlands, deforestation or water diversion;
[h]
Facilities located within a floodplain;
[i]
Facilities that are to be equipped
with high-intensity white lights located in residential neighborhoods.
[2]
The applicant shall notify the
Township at least 30 days prior to any hearing or consideration of
the environmental assessment report by the FCC. The applicant shall
provide the Township with a copy of all FCC action, orders, or other
determinations promptly upon receipt thereof. The applicant shall
provide to the Township documentation demonstrating how any negative
impact on the features noted above will be mitigated.
(f)
Base. The base of a commercial communication
tower shall be surrounded by a secure fence with a minimum height
of eight feet.
(g)
Landscaping. The following landscaping shall
be required to screen the fence surrounding the tower and any other
ground level features such as a building. Any combination of existing
vegetation, topography, walls, decorative fences or other features
instead of landscaping may be permitted, if they achieve the same
degree of screening as the required landscaping. Landscaping shall
not be required shall not be required for a co-located commercial
communications antenna.
[1]
An evergreen screen shall be required
to surround the site. The screen can be either a hedge (planted three
feet on center maximum) or a row of evergreen trees (planted 10 feet
on center maximum). The evergreen screen shall be a minimum height
of six feet at planting, and shall grow to a minimum of 15 feet at
maturity.
[2]
In addition, existing vegetation
on and around the site shall be preserved to the greatest extent possible.
(h)
Parking. A minimum of two off-street parking
spaces shall be provided for a commercial communications tower.
(i)
Equipment shelter. Information shall be provided
detailing the contents of the proposed equipment shelter servicing
the proposed commercial communications tower and/or antenna. The information
shall include but not be limited to the type and quantity of oil,
gasoline, batteries, propane, natural gas or any other fuel stored
on the site. Information shall also be submitted which demonstrates
that any hazardous materials stored on site including but not limited
to fuel sources shall be housed to minimize the potential for any
adverse impact on adjacent land uses. Materials safety data sheets
for any hazardous material stored or utilized in the equipment shelter
shall be submitted to the Township. The use of fuels and hazardous
materials shall also be consistent with any Township requirements
regarding the same.
(j)
Wind resistance. For any commercial communications
tower or antenna higher than 50 feet, the applicant shall provide
certification from a registered professional engineer stating that
the commercial communications tower or antenna meets the more restrictive
of the wind resistance standards set forth in the latest version of:
the Township Building Code;[1] or ANSI/EIA/TIA 222. The registered professional engineer
shall also certify to the overall structural integrity of the commercial
communications tower or antenna.
(k)
Federal Aviation Administration (FAA).
[1]
Documentation of FAA approval for
commercial communication towers or antennas exceeding 200 feet in
height shall be provided. Commercial communication towers or antennas
less than 200 feet in height shall meet the requirements of Title
14, Code of Federal Regulations, Part 77.13(a), as amended.
[2]
No commercial communications tower
or antenna shall be artificially lighted except when required and
approved by the FAA.
(l)
Delaware and Lehigh National Heritage Trail
Corridor Coordination (D&L Trail). The applicant for any proposed
commercial communications tower or antenna located within one mile
of the D&L Trail corridor shall notify the Delaware and Lehigh
National Corridor Commission of its intent to place such structure.
Any comments received by the Commission shall be considered by the
applicant and integrated into the visual impact analysis. Further,
any agency comments shall also be incorporated into any Environmental
Impact Assessment report prepared in support of the commercial communications
tower and/or antenna.
(m)
Airport coordination. The applicant for a proposed
commercial communications tower or antenna located within a five-mile
radius of an existing airport shall notify the airport of its intent
to place such structure(s). Any comments received from the airport
shall be considered by the Township in the processing of the application
for the proposed commercial communications tower or antenna.
(n)
Federal Communications Commission (FCC).
[1]
Documentation that the commercial
communications company is licensed by the FCC shall be provided.
[2]
Documentation of FCC approval for
the proposed commercial communication tower or antenna shall be provided.
[3]
Documentation demonstrating that
the proposed commercial communications tower or antenna complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic or radio frequency radiation shall be provided
within 90 days of the facility becoming operational. Such documentation
shall then be provided, to the Township, on an annual basis from the
date the facility becomes operational. The Township may secure the
services of a qualified independent radio frequency engineer to review
the documentation and conduct tests as necessary to verify said documentation.
The engineer shall state in a written report that the radio frequency
radiation measurements are accurate and either conform or not conform
to any and all FCC standards. Should the facility not meet FCC standards,
the Township may make a formal complaint, in writing, to the FCC.
The applicant shall be copied on any complaint filed with the FCC
by the Township.
[4]
Any applicant for a proposed commercial
communications tower and/or antenna site exceeding FCC standards regarding
human exposure to electromagnetic or radio frequency radiation shall
submit to the Township a copy of the environmental assessment report
required under NEPA prior to submitting to the FCC. The Township may
review the report and provide commentary to the FCC for its consideration.
(o)
Documentation of need. No new commercial communications
tower shall be permitted unless the commercial communications company
documents in writing to the reasonable satisfaction of the Township,
and based on technological evidence where applicable, that:
[1]
The proposed tower is needed in
the proposed location and at the proposed height to fill a substantial
gap in coverage or meet some other specific technological requirement;
and
[2]
There is no existing tower or structure
upon which its proposed commercial communications antenna can be attached
as to constitute a co-located commercial communications antenna which
is adequate to fill such gap or meet such requirement, based on evidence
consisting of any of the following:
[a]
That existing towers and structures
are not located within the necessary geographic area;
[b]
That existing towers and structures
are not of sufficient height;
[c]
That existing towers and structures
lack sufficient structural strength and cannot be strengthened due
to prohibitive cost or other reasons;
[d]
That the proposed commercial communications
antenna would cause electromagnetic interference with existing antenna
on existing towers and structures, or existing antenna on existing
towers and structures would cause electromagnetic interference with
the proposed antenna;
[e]
That the fees, costs, or contractual
provisions required by the owners of existing towers and structures
are unreasonable and for this purpose costs exceeding the costs of
new tower development are presumed to be unreasonable; or
[f]
That there are other clearly limiting
factors which render existing towers and structures unavailable.
(p)
Removal of commercial communications towers
and antennas. If a commercial communications tower and/or antenna
remains unused for a period of 12 consecutive months, the owner shall
notify the Township in writing within 30 days and dismantle and remove
the tower and/or antenna within six months. Further, the owner or
operator of the tower and/or antenna shall post financial security
in a form and amount acceptable to the Township to cover tower and/or
antenna removal and site cleanup. The financial security shall be
utilized by the Township in the event that the owner or operator of
the tower and/or antenna fails to remove the tower and/or antenna
within said six months.
(q)
Annual permit and fee. After a commercial communications
tower and/or antenna is permitted and becomes operational, an annual
inspection shall be performed by the Township or its designated agent
to verify that the facility continues to meet the requirements of
this chapter. The inspection shall consist of, but may not be limited
to, review of the developed site condition versus the requirements
of this ordinance and review of the annual radio frequency analysis.
Upon completion of the inspection, the Township shall renew the permit,
or revoke the permit if the proposed facility is in violation of this
chapter. An annual permit fee, established by resolution of the Board
of Commissioners, shall be paid by the owner of the facility. The
Township may attach reasonable conditions to any permit or renewal
thereof. All permit conditions shall be met within 30 days of the
issuance of the permit or renewal thereof, unless a longer period
is granted at the time the permit is issued or renewed. Failure to
meet the conditions within the time allowed shall result in revocation
of the permit and closing of the facility.
(r)
Exemptions. The following structures and uses are exempt from the requirements of this § 275-189A(18):
[1]
A commercial communications tower
or antenna which the Board of Commissioners determines is necessary
for and clearly primarily used for emergency communications by a police
department, fire company, emergency medical service and other similar
public safety organizations.
[2]
A television antenna or satellite
dish.
[3]
An amateur radio antenna that is
owned and/or operated by a federally licensed amateur radio operator.
[4]
Mobile services providing public
information coverage of news event of a temporary or emergency nature.
(19)
Commercial communications antenna/tower.
(a)
A commercial communications tower shall be set
back a distance equivalent to 1/2 of the height of the antenna from
all lot lines and existing street right-of-way lines.
(b)
A freestanding commercial communications tower
with a height greater than 50 feet above the natural ground level
shall not be located in a residential district unless the applicant
proves to the satisfaction of the Zoning Hearing Board that no other
appropriate sites in other districts are available, especially space
on existing towers.
(c)
The base of a freestanding tower shall be surrounded
by a secure fence with a minimum height of eight feet.
(d)
Any freestanding tower that is within 100 feet of a public street or dwelling shall be surrounded by evergreen screening within § 275-171D.
(e)
A commercial communications antenna/tower shall
only be permitted within a district where it is specifically listed
as permitted, except it may be permitted in other districts if it
is attached to an existing water tower or existing principal nonresidential
building (such as a church steeple or bell tower) and extends a maximum
of 35 feet above such water tower or building.
(20)
Commercial crop storage. Any indoor storage
shall not occur in ways that threaten a serious explosive hazard.
(21)
Commercial forestry (excluding plant nursery).
(b)
A forestry management plan shall be prepared
and followed for any forestry involving more than two acres. This
plan shall be prepared by a professional forester.
(c)
This forestry management plan shall be submitted
for an advisory review by the Township Planning Commission.
(d)
The forestry management plan shall be consistent
with the Timber Harvesting Guidelines of the Pennsylvania Forestry
Association.
(e)
Clear cutting shall be prohibited except on
tracts of less than two acres. This provision shall not apply to state
game lands where clear cutting is done to benefit the natural habitat.
(f)
On tracts larger than two acres, at least 30%
of the forest cover (canopy) shall be kept and the residual trees
shall be well distributed. At least 30% of these residual trees shall
be composed of higher value species as determined by a professional
forester.
(g)
An erosion and sedimentation control plan shall
be submitted to the County Conservation District for review and recommendation.
(h)
The Zoning Hearing Board may require restoration
of the forested area based upon recommendations of the professional
forester.
(i)
Commercial forestry is prohibited on areas that
have slopes greater than 25% and/or are within the one-hundred-year
floodway.
(22)
Commercial indoor recreation.
(a)
No loudspeaker or amplifying device shall be permitted which will project sound in excess of the sound levels of § 275-132 of this chapter.
(b)
No lighting shall be permitted which will shine
on adjacent property.
(c)
The design of the building shall be sent to
the Pennsylvania Department of Labor and Industry for a review.
(23)
Commercial outdoor recreation.
(a)
No loudspeaker or amplifying device shall be permitted which will project sound in excess of the noise levels of § 275-132 of this chapter.
(b)
Lighting perceptible beyond the property line shall be minimized in accordance with § 275-135 of this chapter.
(c)
This use shall not include a commercial motor
vehicle race track.
(24)
Conversions to residential use and conversions
increasing the number of dwelling units.
(a)
The use shall meet the applicable minimum lot
area, yard, building area, off-street parking and other applicable
requirements for the district.
(b)
Applicable state fire safety requirements shall
be met.
(c)
Sewer service. Any sewage disposal system other
than public sewer service shall be recertified for the new uses by
the Sewage Enforcement Officer.
(d)
The resulting residential use shall be a permitted
use in the district.
(e)
Single-family detached dwellings which are converted
must maintain the appearance of a single-family detached dwelling
with a single front entrance. Additional entrances may be placed on
the side or rear of the structure. The dwelling units may internally
share the single front entrance. Any exterior stairways and fire escapes
shall be located on the rear wall, unless the applicant proves to
the Zoning Officer that only a side wall would be suitable and feasible.
(f)
The conversion of a single-family detached dwelling
into two units shall not be allowed if it would require a second front
entrance or an outside fire escape on a front wall or on a side wall
facing a street.
(g)
Except as may be necessary for purposes of safety
in accordance with the preceding subsection, there shall be no major
structural change in the exterior of a previously residential building
in connection with the conversion. After conversion, any previously
residential building shall retain substantially the same structural
appearance it had before such conversion.
(h)
Separate cooking and sanitary facilities shall
be provided for each dwelling unit.
(i)
Off-street parking spaces should be located
to the side or rear of the converted structure.
(j)
Off-street parking lots with three or more spaces
shall be buffered from abutting residences with appropriate evergreen
planting of a minimum three-foot height.
(k)
Trash receptacles shall not be visible from
the street or abutting properties except on scheduled pickup days.
(l)
See also additional requirements in § 275-190D(1), Accessory apartment within an existing single-family detached dwelling.
(m)
A site plan shall be submitted to the Zoning Officer and the Planning Commission (see § 275-178).
(n)
To be considered a conversion, any proposed
alteration must be confined to the interior of an already existing
structural shell.
(o)
Any proposal to extend the sides or increase
the height of an existing structure shall not be considered a conversion
and shall be required to meet the appropriate provisions established
in that district for that particular use.
(25)
Crop storage. See "commercial crop storage."
(26)
Cultural center/community center. No outdoor
recreation area shall be located closer than 40 feet to the lot line
of any abutting dwelling.
(27)
Day-care center. See nursery school/day-care
center standards
(28)
Drive-in (outdoor) theater.
(a)
Shall be on a lot abutting an arterial street
or collector street (as defined on the Official Street Classification
Map).
(b)
Shall have a lot area of at least 12 acres.
(d)
Shall comply with the performance standards of Article XVI specifically relating to noise, light and glare control.
(e)
The movie screen shall be situated so that its
face is not visible from any public street.
(f)
No structure, except an enclosure fence, shall
be located within 100 feet of any lot line; provided, however, that
the screen shall be located not less than 150 feet from any lot line.
(g)
Sufficient car storage areas, deceleration lanes,
sight distance and lighting shall be provided for safe and expedient
handling of traffic; provided, however, that traffic lanes to exit
the use shall provide storage space for at least 25% of theater capacity.
(h)
A playground and snack shop will be permitted
as an accessory use.
(i)
Pornographic, obscene or sexually explicit films
shall not be shown.
(29)
Emergency services station.
(a)
The Board of Commissioners may require that
adequate measures be taken to avoid frequent and severe noise conflicts
with any abutting residences.
(b)
The station shall have adequate and safe access
onto a public street.
(c)
The station shall be sited only after an adequate
study of long-term emergency station needs of all emergency service
providers in the Township.
(31)
Exercise club.
(a)
No loudspeaker or amplifying device shall be permitted which will project sound in excess of the noise levels of § 275-132 of this chapter.
(b)
Lighting perceptible beyond the property line shall be minimized in accordance with § 275-135 of this chapter.
(c)
Shall include adequate fencing surrounding any
outdoor racquet sports.
(32)
Fast-food restaurant.
(a)
Dumpster screening. See § 275-135. Outdoor trash receptacles shall be placed at convenient locations for patrons.
(b)
Shall provide landscaping on all areas not covered
by buildings, structures, parking areas or access drives.
(c)
May provide an outdoor menu board (beyond the
signs normally permitted) if drive-up service is provided to customers
in their vehicles.
(33)
Financial institution. Any drive-in window(s)
and waiting lanes shall be located and have capacity for sufficient
numbers of vehicles to ensure that traffic conflicts and hazards are
avoided within the site and along the streets and highways adjoining
the use.
(34)
Funeral home. Minimum lot area: one acre.
(35)
Golf course.
(a)
The course shall be designed so that golf balls
are highly unlikely to enter public streets or property that is not
part of the golf course.
(b)
A clubhouse, retail sales of golf supplies and/or
restaurant may be permitted as an accessory use if located a minimum
of 300 feet from any existing dwelling and/or exterior lot line.
(c)
Minimum lot area: 60 acres.
(d)
Any outdoor lighting shall be located and designed
in such a way that the lighting is not easily visible from adjacent
dwellings.
(e)
Maximum building coverage: 10%.
(f)
Maximum impervious coverage: 15%.
(g)
Fairways and greens shall be set back a minimum
of 50 feet from the lot line of any existing dwelling.
(36)
Group home.
(b)
The use shall include adequate supervision by
persons trained in the field of group home services.
(c)
Certification. If applicable, the use shall
be licensed or certified under an applicable federal, state or county
program. A copy of any such license or certification shall be filed
with the Zoning Officer and shall be shown by the applicant to the
Zoning Officer upon request.
(d)
Application and notification. An application
shall be submitted to the Zoning Officer stating the proposed location,
general type of client, general type of treatment/care, level of supervision,
maximum number of residents, name of primary operator and name of
any sponsoring agency. The Zoning Officer shall be notified in writing
within 14 days if there is any change in this information or if the
applicable license or certification expires, is suspended or is withdrawn.
(e)
Nonresidents. Any treatment or counseling services
within a group home in a residential district shall be restricted
to a maximum of three nonresidents per day.
(f)
Parking. If a group home would include four
or more clients of a type who can reasonably be expected to be able
to and allowed to drive a vehicle, then the group home shall include
a minimum of three off street parking spaces. Any parking area of
more than four spaces shall be required to include evergreen screening
abutting any dwelling.
(g)
Appearance. A group home within a residential
district shall be maintained and/or constructed with a clearly residential
appearance. No exterior signs shall identify the use.
(h)
Number of persons. The following maximum number
of persons[2] shall reside in a group home, not including necessary
bona fide paid employee caregivers:
[1]
Single-family detached dwelling
with a minimum lot area of 30,000 square feet and a minimum building
setback from all lot lines of 25 feet, eight total persons.
[2]
Single-family detached dwelling
with a minimum lot area of 8,000 square feet and a minimum building
setback from all lot lines of 10 feet, six total persons.
[3]
Any other lawful dwelling unit,
four persons.
[2]
Note: This restriction shall not apply to persons who are
related by blood, marriage or adoption.
(i)
Septic. If a group home will use an on-lot septic
system and will involve six or more persons routinely on the premises
at any one time, the septic system shall be reviewed and determined
to be acceptable by the Township Sewage Enforcement Officer.
(j)
Visitors. Employees of the group home shall
not have visitors on the premises except for persons necessary for
the operation of the use.
(37)
Heliport. See airport, public or private, in
this section.
(38)
Highway maintenance facility.
[Added 8-7-2006 by Ord. No. 06-06]
(b)
All areas used for the storage of maintenance
vehicles, equipment, materials and supplies shall be set back a minimum
of 400 feet from the lot line of any dwelling and from any residential
district boundary line and a minimum of 80 feet from all other lot
lines other than a lot line of the lot which is common to the right-of-way
line of a expressway for which the setback shall be 60 feet. Such
setback areas may be used for employee vehicle parking.
(c)
Except as provided in this subsection, an earthen berm shall be constructed within the setback areas described in Subsection A(38)(b) for the purpose of providing a visual screen of those areas used for the storage of maintenance vehicles, equipment, materials and supplies. The berm shall have a height not less than 12 feet, and a maximum slope of three feet measured horizontally for each one foot measured vertically. Berm height shall be measured along a series of lines within the setback area perpendicular to the lot line. The minimum width of the top of the berm shall be five feet. The toe of the slope of the berm adjacent to the lot line shall be not less than five feet from the lot line. The distance from the toe of the slope to the adjacent lot line shall be increased as necessary to insure that stormwater flows onto adjoining tracts are not altered in severity or flow characteristics from the predevelopment state. No berm shall be required within the sixty-foot setback for a lot line of the lot which is common to the right-of-way line of an expressway. No berm shall be required within the setback from a lot line in common with a lot having an existing earthen berm approved by the Township in connection with a subdivision or land development plan for such lot. Such berm shall be continuous except for locations approved by the Township for employee vehicle parking, for ingress to and egress from the lot, and where necessary in the opinion of the Township Engineer to facilitate stormwater management. The berm shall include the plant screening required by § 275-171D, which shall be placed towards the top, on the side of the berm facing the lot lines of the lot.
(d)
All utilities (including electric, telephone,
and natural gas) shall be placed underground.
(e)
All areas used for the storage of maintenance
vehicles, equipment, materials and supplies shall be completely fenced
with a perimeter chain link metal fence not less than eight feet nor
greater than 10 feet in height with a gate locked during all nonoperating
hours.
(f)
The maximum building height shall be 35 feet
except for enclosed structures for the stockpiling of salt used for
highway maintenance, which structures shall have a maximum height
of 45 feet.
(g)
Due to the nature of the use, compliance with the provisions of § 275-144H(4) that a substantial portion of the paved area landscaping trees should be planted within the parking lot within protected island shall not be required.
(h)
The applicant shall present information on the
approximate number of employees and shifts that are expected. Also,
the applicant shall present information on the approximate amount
of heavy truck traffic that is expected.
(39)
Hospital.
(a)
At least two access roads or driveways with
a minimum width of 20 feet shall be provided from an arterial or collector
street.
(b)
Adequate measures should be taken to avoid very
serious noise conflicts with emergency sirens in the vicinity of a
residential district.
(c)
Shall have a minimum lot size of two acres.
(40)
Hotel/motel.
(a)
Recreational facilities limited to guests of
the use and a standard restaurant may be permitted accessory uses
to a hotel or motel.
(b)
A hotel or motel shall serve only temporary
guests. A use that is routinely inhabited by any persons for periods
longer than 30 days shall be considered a boardinghouse and regulated
as such.
(41)
Junkyard.
(a)
Storage of garbage, organic or biodegradable
material is prohibited.
(b)
All junk shall be at least 100 feet from any
lot line.
(c)
All junk shall be at least 100 feet from any
public street.
(d)
The site shall contain a minimum of two exterior
points of access, each of which is not less than 30 feet in width.
(e)
The site shall be completely enclosed by a forty-foot wide buffer yard which complies with § 275-171. The initial height of the evergreen planting shall be six feet. This buffer yard shall be located on the outside of any fencing.
(f)
The burning or incineration of vehicles or junk
shall be prohibited.
(g)
All junkyards shall be completely surrounded
by well-maintained and secure fencing with a minimum height of seven
feet.
(i)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that adequate precautions will be taken
to prevent the seepage of oils, gasoline, grease or battery acid into
the soil or water.
(42)
Kennel.
(a)
All buildings in which animals are housed and
all runs shall be located at least 200 feet from all lot lines of
existing residential uses and the boundaries of a residential districts.
(b)
Buildings shall be adequately soundproofed so
that sounds generated within the buildings cannot be perceived at
a lot line of a residentially zoned lot or dwelling.
(c)
No animal shall be permitted to use outdoor
runs from 8:00 p.m. to 8:00 a.m. that are within 300 feet of an existing
dwelling.
(d)
See state laws regulating kennels.
(e)
A kennel may be used for breeding, within the
other requirements of this chapter.
(43)
Laundry/laundromat. Centralized sewage disposal
facilities and centralized water supply facilities shall be provided.
(44)
Life-care facility.
(a)
Density. All of the requirements of the MHDR
District shall be met as a minimum. A life-care center may be developed
using the same density as would otherwise be permitted in the MHDR.
However, a tract may also include a nursing home in addition to the
permitted dwellings.
(b)
Retail and services. The life-care center may
include facilities providing common retail needs and personal services.
These facilities shall be limited to 2,000 square feet of floor area
for every 50 dwelling units. These facilities shall be limited to
use by residents and their occasional guests.
(c)
Restaurant. The life-care center may include
a standard restaurant limited to residents and their occasional guests.
(d)
Nursing home. Any nursing home shall be intended
to eventually primarily serve the residents of the life-care center.
A maximum of one nursing home bed is permitted for every three dwelling
units.
(e)
Support facilities. Common recreational areas
for residents may be provided, as well as administrative offices for
the facility.
(f)
Open space. A minimum of 20% of the tract shall
be maintained as common open space. This area shall include walking
paths and outdoor sitting areas.
(g)
Safety features. The following features are
required throughout the project to protect the health and safety of
the senior citizen residents:
[1]
Handle-type spigots and doorknobs.
[2]
Showers designed for wheelchairs,
in place of tubs in at least 30% of the units.
[3]
Nonskid surfaces in tubs, showers
and floors.
[4]
Control of water temperature to
avoid accidental scalding.
[5]
Flush door entrances for wheelchair
access.
[6]
Emergency signal systems in bathrooms
and bedrooms connected with central office.
[7]
Grab bars around all toilets and
tubs; in addition, all grab bars and towel racks shall be made of
noncorrosive metal and be able to withstand up to 250 pounds.
[8]
All cooking stoves shall be electric.
Stove burner controls shall be located in the front.
[9]
Electric outlets shall be located
at levels at least 24 inches above the floor.
[10]
All light fixtures shall be located
on the walls at convenient levels, to avoid accidents that might otherwise
occur in the repair of ceiling fixtures.
[11]
There shall be ramps or elevators
in addition to stairs.
[12]
All elevators shall have slow-closing
doors with sensitive reopening mechanisms.
[13]
Handrails shall be provided along
all steps, hallways, ramps and sloped walks, both indoors and outdoors.
[14]
The number of first floor units
should be maximized.
(45)
Lumber yard. No mechanical sawing, milling or
planing operation shall occur within 150 feet of an existing dwelling.
(46)
Mineral extraction.
(a)
The activities and residual effects shall not
create conditions hazardous or otherwise significantly adverse to
the value and customary use of adjacent properties. Adequate and reasonable
protection shall be provided to adjacent uses.
(b)
The site shall be reclaimed in phases to a nonhazardous
state permitting some economically productive future use and that
extracting activities and resulting condition of the site will not
result in environmental degradation of the surrounding area.
(c)
Buffer yard. A buffer yard within the standards of § 275-171D with a width of 200 feet shall be required between the lot line of any existing residential use or residentially zoned land and any mineral extraction use.
(d)
Minimum setback from all exterior lot lines:
100 feet.
(e)
Additional setbacks: 200 feet from any publicly
owned recreational land, school, place of worship, creek, river, lake
or wetland.
(f)
Fencing. Secure chain-link fencing at least
seven feet in height shall surround all active areas of mineral extraction.
(h)
County Conservation District. The Board may
require that the applicant submit a copy of all submitted materials
to the County Conservation District for a review.
(i)
Engineering review. The Board may submit an
application affecting greater than 10 acres to a professional engineer
for a review. Such reasonable, necessary and routine review fees as
occur shall be paid for by the applicant.
(j)
Hours of operation. The Board may reasonably
limit the hours of operation of the use and of related trucking operations
to protect the character of adjacent residential areas.
(k)
Road repairs. The applicant may be required
to post such reasonable and necessary bonds to provide for any serious
and extraordinary damage that may result from the use of Township
roads by heavy trucks from the mining operation.
(l)
Prior to the issuance of any special exception
under this chapter for surface mining, the Zoning Hearing Board shall
determine that the proposed use will not adversely affect the public
health or safety of the community. In reaching this determination,
the Board shall consider the following information as supplied by
the applicant or any other party to the proceeding:
[1]
The location of the proposed surface
mining operation.
[2]
The anticipated depth of any excavations.
[3]
The depth of the existing water
table.
[4]
The probable effect of the mining
operation on the existing water table or confined aquifer.
[5]
The relationship of the mine site
to surface watercourses and bodies of water.
[6]
The established water quality of
surface waters which may be affected by the mining operation.
[7]
The probable effect of the mining
operation on the quality of those surface waters. (The Board may require
the applicant to prepare studies of the present water quality of surface
or underground waters which may be affected by the proposed mining
operation, and receive other qualified evidence on water quality.)
[8]
The nature and content of the overburden
to be removed in the course of mining.
[9]
The underlying strata in which
the minerals to be mined are located.
[10]
The probable effect of blasting
and other excavation methods upon lawful existing and permitted uses
in the area surrounding the proposed mine site.
(m)
Board of Commissioners and Planning Commission
review. The applicant shall submit a complete copy of all application
materials and a site plan to the Board of Commissioners and to the
Planning Commission for review.
(n)
Preemption. It is not the intent of this section
to unlawfully preempt any federal or state law or regulation. Unless
a preemption of this chapter would exist, the most strict and least
permissive requirements shall be in effect where a conflict might
exist.
(o)
State and federal permits. No mineral extraction
use may begin, expand or continue without having in effect all required
state and federal permits and being in compliance with all applicable
regulations.
(p)
Suitability of roads.
[1]
It is the responsibility of the
applicant to prove to the satisfaction of the Board that the public
road system to be used will be adequate for the amount of heavy truck
traffic to be created.
[2]
If it is determined that the mineral
extraction use would create unusually heavy truck traffic and that
the state and Township roads to be used would be inadequate to handle
this unusually heavy and noncustomary traffic, the applicant may be
required by the Board to fund such improvements to roads within one
mile of the use as are reasonably necessary to handle the heavy truck
traffic that will be generated. Such improvements shall be in direct
relation to the traffic generated by the use. Such improvements may
be made in phases and may be handled through posting of bonds.
[3]
The Board may deny a mineral extraction
application if the public roads would be physically unable to handle
the heavy truck traffic and if the applicant refused to fund the improvements
necessary. The applicant shall not be responsible for routine maintenance
of public roads.
(q)
Application requirements. Each application for
a special exception for mineral extraction covering an area greater
than one acre shall contain the following information:
[1]
Present uses of the land to be
included in the requested permit.
[2]
A location map (prepared by a registered
professional engineer) showing:
[a]
The extent of the area to be excavated.
[c]
Boundaries of adjoining lands owned
by persons other than the applicant and the existing uses of those
adjoining lands.
[d]
The location of all watercourses,
bodies of water, public rights-of-way, public buildings, public recreation
areas or other public property on or within 400 feet of the boundaries
of land to be affected by the surface mining operation.
[e]
Physical or topographical relationship
of the land area encompassed within the boundaries in Subsection A(46)(q)[2][b]
to those features described in Subsection A(46)(q)[2][d].
[3]
A development plan for the area
to be affected by surface mining, prepared by a registered professional
engineer:
[a]
The nature and depth of the various
strata of overburden above and between mineral seams to be excavated.
[b]
The location and quality of underground
water known to be present on the mine site.
[c]
The location of known aquifers
and the estimated elevation of the water table.
[d]
A good faith estimate (prepared
by a qualified soils engineer or geologist) of the probable impact
of the mining operation upon the community water supply.
[4]
A detailed land reclamation plan
of the area included within the permit, showing:
[a]
Proposed use or uses of the land
following the surface mining operations.
[b]
Proposed topography of land following
the surface mining operations.
[c]
Actions to be taken during mining
to conserve and replace topsoil removed during mining operations.
[d]
The sedimentation and erosion control
plan for the operation including the type of vegetation to be planted
for soil stabilization purposes.
[e]
Proposed location of future roads,
private or public rights-of-way, drainage courses and other proposed
improvements.
[f]
Reasonable assurances that the
applicant will be capable of reclaiming the land in accordance with
the plan within a reasonable time after completion of the surface
mining operations to be covered by the requested permit.
[5]
Such other information as the Zoning
Hearing Board may require by rule and which examination of the application
may reveal to be necessary in order to determine that the proposed
surface mining operation will comply with the requirements of this
chapter.
(r)
Regulation of the maximum acreage available
for active surface mining.
[1]
Intent. To control the pace of
surface mining operations in a manner commensurate with the Township's
ability to promote orderly growth and to assimilate development activity
created by surface mining operations and related activities, to provide
necessary public services throughout the Township to assure adequate
protection of life and property, to provide for coordinated and practical
community development, to prevent overcrowding of land, blight, congestion
in travel and transportation, loss of life or property from flood
or other danger, to encourage expedient reclamation of mined lands,
and to provide incentives for the remining of inadequately reclaimed
lands.
[2]
The gross acreage under active
surface mining at any one time in the Township shall not exceed 100
acres.
[3]
No permit for surface mining issued
under this section for the conduct of surface mining operations shall
be deemed to authorize the applicant to begin or to continue existing
surface mining operations on land covered by the permit until the
Zoning Officer shall certify that the surface mining operation covered
by the permit will not cause the total amount of land under active
surface mining to exceed the maximum gross amount of land which may
be affected by surface mining at any one time under the provisions
of this section.
[4]
Definition of land affected by
surface mining. This shall, for purposes of this determination, include
land currently under active surface mining at the time of the determination,
land not adequately reclaimed or backfilled following prior mining
operations, land containing waste or spoil piles from existing or
prior mining activities and other land determined to be so affected
for reasons set forth in the ordinance containing the determination
required by this chapter.
[5]
Documentation. It is the responsibility
of the applicant to periodically document to the Board or Zoning Officer
that the maximum gross area being surface mined is under 100 acres,
if requested to provide such documentation by the Board or Zoning
Officer.
[6]
Definition of a surface mining
operation. It is the intent of this chapter that any surface mining
operations that are closely related business ventures and that are
being conducted within close proximity to each other shall be considered
as one operation within the maximum gross area requirement.
(s)
Unique or environmentally significant natural
features and significant historic or architectural structures and
sites or public water supply shall be protected from disruption or
adverse effects from quarrying and/or mining activities, including,
but not limited to, the Monocacy Creek.
(47)
Mobile/manufactured home.
(a)
Shall be constructed in accordance with the
safety and construction standards of the U.S. Department of Housing
and Urban Development. (Note: These standards supersede the BOCA Code
concerning the construction of the actual unit.)
(b)
Shall have a site graded to provide a level,
stable and well-drained area.
(c)
Shall have wheels, axles and hitch mechanisms
removed.
(d)
Foundation. Shall be placed on a permanent foundation
as described by the following:
[1]
The foundation system shall consist
of ten-inch diameter concrete piers, concrete footing perpendicular
to the main longitudinal frame, or equivalent, and shall be installed
from ground level to below the frost line (36 inches minimum). This
foundation system shall be placed on eight feet centers along each
of the two main longitudinal frames for each section of the home with
no more than three feet overhang at each end of the section.
[2]
One-half inch diameter by twelve-inch
long-eye bolts shall be cast in place at each corner and at two midpoints
in the concrete piers, concrete footing or equivalent. Concrete blocks
shall be used to support the home on the foundation system and wood
shims may be used for final leveling. The concrete support blocks
shall not be wider than the support foundation.
[3]
The mobile/manufactured home shall
be securely anchored or tied down with cable and turnbuckles or equivalent
connecting the frame to the cast in place eyebolts on at least four
corners and two midpoints. The tiedown shall also be in accordance
with the manufacturers' recommendations furnished with each home.
[4]
Homes shall not be placed more
than four feet above the supporting ground area.
(e)
Shall be enclosed from the bottom of the home
to the ground or stand using industry-approved skirting material compatible
with the home.
(f)
Shall have a pitched instead of a flat roof.
(g)
Should be located with the longest side facing
the public street.
(48)
Mobile/manufactured home park.
(a)
Shall have a minimum tract size of five acres
and a maximum overall density of no more than four mobile/manufactured
homes per acre.
(b)
Shall have centralized sewer and water.
(d)
All applicable provisions of Chapter 230, Subdivision and Land Development, shall be complied with.
(e)
Minimum separation between mobile/manufactured
homes of 20 feet.
(g)
Recreation area. Contiguous usable recreation
area shall be provided. The amount of this recreation area shall be
a minimum of 1,000 square feet per dwelling unit within the tract.
This shall be developed as an active playground and level field suitable
for free play, unless the development would be limited to persons
over age 55, in which case trails and trees shall be provided. Areas
within the required perimeter setback shall not count as this recreation
area.
(i)
A mobile/manufactured home park may include
a recreation center for residents, a rental/management office, maintenance
buildings for the park and the sale of mobile/manufactured homes that
will be placed on the tract.
(49)
Motor vehicle race track.
(a)
The use shall comply with the noise levels of § 275-132. This restriction includes but is not limited to engines or any amplifying device.
(d)
The use shall be completely surrounded by a buffer yard as described in Article XIX, but with required plantings of twice the height.
(e)
The area used for the testing, warmup or racing
of race vehicle engines shall be set back a minimum of 1,000 feet
of a building including an existing dwelling unit and 500 feet from
the boundary of a residential district.
(f)
Minimum lot area: 20 acres.
(50)
Nursery school/day-care center.
(b)
The use shall comply with any applicable county,
state, and federal regulations, including having an appropriate Pennsylvania
Department of Public Welfare registration certificate or license.
(c)
Convenient parking spaces within the requirements of Article XVII shall be provided for persons delivering and waiting for children.
(d)
In residential districts, shall have a minimum
lot area of 1,500 square feet for each child cared for at any one
time other than children of the operator.
(e)
Shall include adequate measures to ensure the
safety of children from traffic or other nearby hazards.
(f)
Outside play areas in residential districts
shall be limited to use between 8:00 a.m. and 8:00 p.m. if located
within 200 feet of a dwelling.
(g)
No portion of an outside play area shall be
30 feet or less from an adjacent existing occupied dwelling, without
the owner's written consent.
(h)
This use shall not be conducted in a dwelling
that is physically attached to another dwelling.
(i)
Residential districts. In these districts, any
permitted day-care center shall maintain an exterior appearance that
resembles and is compatible with any existing dwellings in the neighborhood.
(j)
A nursery school or day-care center may occur
in a building that also contains one dwelling unit.
(51)
Nursing home.
(b)
Maximum impervious coverage: 70%, unless a more
restrictive requirement is stated elsewhere.
(c)
The use shall provide a minimum of 20% of the
site suitable and developed for passive recreation. This area shall
include outdoor sitting areas and pedestrian walks.
(d)
The density shall not exceed more than one resident
or bed per 1,000 square feet of total lot area.
(e)
Setback. Principal and accessory buildings shall
be set back a minimum of 50 feet from all lot lines, unless a more
restrictive setback is required by another section.
(52)
Pawn shop.
[Added 3-5-2007 by Ord. No. 01-07]
(a)
No more than one pawn shop shall be located
on any lot.
(54)
Picnic grove.
(a)
No area within 300 feet of an existing dwelling
shall be actively used between the hours of 9:00 p.m. and 7:00 a.m.
(b)
No loudspeaker or amplifying device shall be
permitted which will project sound beyond the boundaries of the property.
(c)
No lighting shall be permitted which will shine
on adjacent property.
(55)
Place of worship.
(a)
Shall be on a lot at least two acres in area.
(b)
Weekly religious education rooms and meeting
rooms are permitted accessory uses, provided that such uses are of
such a character and intensity that they would be clearly customary
and incidental to the place of worship. A nursery school/day-care
center is also permitted, within the requirements for such use in
this section. Noncommercial buses used primarily to transport persons
to and from religious services may be parked on the lot.
(c)
A maximum of one dwelling unit may be accessory
to a place of worship on the same lot. However, no dwellings shall
be permitted in the OB, LI or GI Districts.
(56)
Planned residential development.
(a)
Shall be in accordance with the environmental protection standards of this chapter and in accordance with all applicable development standards of Chapter 230, Subdivision and Land Development.
(c)
All dwellings, except individual single-family
detached dwellings on lots of one acre or greater, shall be served
by both public water and public sewer service.
(57)
Plant nursery.
(a)
This use may include outdoor storage and display
of plants and trees.
(b)
Any lot involving retail sales of items that
were not primarily grown on the premises shall contain a minimum of
five acres in the RR and MHDR Districts.
(c)
A lot of five acres or more in the RR or MHDR
districts or a lot of any size in a commercial or industrial district
where a plant nursery is permitted may include:
[1]
The retail sales of plants and
trees that were not primarily grown on the premises including, but
not limited to, Christmas trees;
[2]
The accessory sale of fertilizers,
bulk landscape mulch,[3] garden tools and similar materials;
[3]
Note: "Bulk landscape mulch" includes shredded or pelletized
bark, licorice root, fine-graded decorative stone and other similar
materials acceptable to the Zoning Officer. A plant nursery shall
not store more than 100 cubic yards of all types of bulk landscape
mulch at any one time.
[3]
Accessory landscape design, landscape
contracting and lawn care businesses, provided the vehicles and equipment
are stored out of sight of any off-site dwellings or approved residential
lots; and
[4]
Accessory nursery greenhouses,
provided such structures meet the setback requirements for a principal
use in the district in which the greenhouse is sited.
(58)
Recycling collection center.
(a)
This use shall not be bound by the requirements
of a solid waste disposal facility.
(b)
All materials shall be kept in appropriate containers,
with appropriate sanitary measures to prevent the attraction of insects
or rodents and to avoid any fire hazards.
(c)
Such facility shall have adequate provision
for serving by truck and for off-street parking.
(d)
A fifty-foot wide buffer yard with screening as described in § 275-171 shall be provided between this use and any abutting dwelling or residential district.
(e)
This use may be an accessory use to a commercial
use, an industrial use, a public or private primary or secondary school,
a place of worship or a Township-owned use, subject to the limitations
of this section.
(f)
Materials to be collected shall be of the same
character as the following materials: paper, cardboard, aluminum and
glass. No organic materials or garbage shall be stored as part of
the use.
(g)
The use shall include no processing other than
collection, sorting and routine cleaning. No burning or land-filling
shall occur.
(h)
Shall not include the collection or processing
of any metals or pieces of metals that have a weight greater than
10 pounds.
(i)
Shall not include the delivery of more than
100 tons of materials to the site in any twenty-four-hour period.
A maximum of 500 tons of materials shall be stored on the site at
any one time.
(59)
Retirement village.
(a)
MHDR District. A retirement village may be constructed
within the conventional requirements of the MHDR District for any
permitted housing types, except:
[1]
For garden apartments or townhouses,
the minimum buildable area per dwelling unit may be reduced by 15%.
(b)
MDR District. A retirement village may be constructed
within the conventional requirements of the MDR District for any permitted
housing types, except:
[1]
For townhouses, the minimum buildable
area per dwelling unit may be reduced by 15%.
(c)
No greater than 30% of the dwelling units shall
be three or more bedrooms.
(d)
All residents must be at least 55 years of age,
except for their spouses and except for persons who are physically
handicapped.
(e)
A community center for the residents of the
development shall be provided and shall include the following facilities:
(f)
Prior to final approval of the plans, the Township
must be satisfied with and agree to the legal arrangements and contracts
to insure the age restrictions will be adhered to.
(g)
A minimum tract size of five acres is required.
(60)
School, public or private, primary or secondary.
(a)
Minimum lot area. One acre, unless a larger
acreage is required elsewhere.
(b)
Shall not include children's play equipment,
basketball courts or illuminated recreation facilities within a required
front yard or within 40 feet of a residential lot line.
(c)
Shall be served by both public sewer and public
water services.
(e)
Shall not include a dormitory unless specifically
permitted in the district.
(61)
Self-storage development.
(a)
All storage units shall be fireproof and waterproof.
(b)
Outdoor storage shall be limited to recreational
vehicles, boats and trailers. All such items stored out-of-doors must
be licensed and inspected if applicable.
(c)
Trash, radioactive or highly toxic substances,
garbage, refuse, explosives or flammable materials, hazardous substances,
animal carcasses or skins or similar items shall not be stored.
(d)
Nothing shall be stored in interior traffic
aisles, required off-street parking areas, loading areas or accessways.
(e)
Major repairs of boats, vehicles, trailers,
lawn mowers or any similar equipment shall not be permitted.
(f)
Adequate lighting shall be provided for security,
but it shall be directed away or shielded from any adjacent residential
uses.
(g)
All outdoor storage areas located within 200 feet of the existing right-of-way of an expressway, arterial or connector street shall be separated from that street by a buffer yard with screening under § 275-171.
(h)
No building shall be longer than 200 feet. All
buildings shall be separated from each other by a minimum distance
of 20 feet.
(62)
Slaughterhouse.
(a)
There shall be a minimum ten-acre lot size.
(b)
The building(s) where slaughtering takes place
shall not be located closer than 300 feet from all property lines
except the dwelling of the owner or lessee, and no closer than 500
feet from an existing dwelling or the boundary of an residential district.
(c)
The slaughterhouse shall comply with all applicable
state and federal regulations.
(63)
Solid waste disposal facility.
(b)
All solid waste storage, disposal and incineration
shall be at least 300 feet from any public street or exterior lot
line.
(c)
All areas to be used for the storage, disposal
or incineration of solid waste shall be a minimum of 500 feet from
any residential district or publicly owned park or any existing dwelling
that the applicant does not have an option to buy or the banks of
any nonintermittent creek or river.
(d)
The site shall contain a minimum of two access
roads, each with a minimum cartway width of 30 feet.
(e)
Any burning or incineration shall be carried
out in a completely enclosed incinerator approved by the DEP. Any
material to be incinerated that is to be stored for more than three
hours shall be stored in an enclosed structure.
(f)
The site shall be selected and designed by a
registered professional engineer with proven experience in solid waste
disposal planning and operation. The operation and day-to-day maintenance
of the solid waste disposal area shall comply with all applicable
state and federal regulations as a condition of the continuance of
any permit of the Township. Violations of applicable state or federal
regulations shall also be considered to be violations of this chapter.
(g)
Open dumps and open burning of refuse are prohibited.
(h)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that the existing street network can handle
the additional truck traffic, especially without bringing trash hauling
trucks through or alongside existing residential or residentially
zoned areas.
(i)
In cooperation with PADEP requirements, an appropriate
double liner and a system to collect and treat leachate and methane
is very strongly encouraged for any sanitary landfill.
(j)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not be a hazard to groundwater quality, create noxious smells off of the tract or violate the performance standards of Article XVI.
(k)
A chain link or other approved fence with a
minimum height of eight feet shall surround active solid waste disposal
areas to prevent the scattering of litter and to keep out children,
unless the applicant proves to the satisfaction of the Zoning Hearing
Board that this is unnecessary. Earthen berms or evergreen screening
shall be used to prevent the landfill operations from being visible
from an expressway or arterial streets or dwellings.
(l)
A minimum total lot size of 20 acres (which
may include land in an adjoining municipality) is required for any
solid waste facility other than a resource recovery facility or a
solid waste transfer facility, except for a resource recovery facility
or solid waste transfer facility, a minimum lot area of six acres
shall be required for the first 300 tons per day of capacity to treat
or dispose of waste, plus one acre for each additional 100 tons per
day of capacity, with a maximum total of 1,500 tons of capacity per
day.
(m)
Health hazards. Any facility shall be operated
in such a manner to prevent the attraction, harborage or breeding
of insects, rodents or vectors.
(n)
Attendant. An attendant shall be present during
all periods of operation or dumping.
(o)
Gates. Secure gates, fences, earth mounds and/or
dense vegetation shall prevent unauthorized access.
(p)
Emergency access. The operator of the use shall
cooperate fully with local emergency services. This should include
allowing practice exercises on the site and the provision of all information
needed by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(s)
Litter. The operator shall regularly police
the area of the facility and surrounding streets to collect litter
that may escape from the facility or trucks.
(t)
Dangerous materials. No radioactive, hazardous,
chemotherapeutic or infectious materials may be stored, processed,
disposed or incinerated. "Infectious materials" are defined as medical
wastes used or created in the treatment of persons or animals with
seriously contagious diseases.
(u)
Staging. No total area(s) larger than 40 acres
shall be used as a disposal area for a sanitary landfill in any calendar
year.
(v)
The applicant shall provide sufficient information for the Township to determine that the requirements of this chapter will be met. See § 275-139, Review to determine compliance with performance standards.
(w)
State requirements. Nothing in this chapter
is intended to supersede any state requirements. It is the intent
of this chapter that when similar issues are regulated on both the
Township and state levels, that the stricter requirement shall apply
for each aspect, unless it is determined that an individual state
regulation preempts Township regulation in a particular aspect.
(x)
The operator shall enter into an agreement with
the Township specifying the types and frequencies of environmental
monitoring that will be put into place while the use is underway and
for a minimum of four years after any underground use area is closed.
(y)
A leachate treatment system or a recycling collection
or processing center may be accessory uses.
(65)
(66)
Target range (outdoor).
(a)
All outdoor target ranges shall have a barrier
behind the target area, which is of sufficient height and thickness
to adequately protect the public safety. This barrier shall be made
of earth for a firearms range.
(b)
A firearms rifle range shall comply with National
Rifle Association standards and other applicable federal, state and
local regulations.
(c)
A firearms rifle range shall be located a minimum
of 300 feet from the lot line of any existing residential use or LDR,
MDR or MHDR District.
(e)
The use shall clearly not cause a hazard to
life or property.
(f)
The use shall be completely fenced in and be
properly posted.
(67)
Treatment center.
(a)
The applicant shall provide a written description
of all types of residents the use is intended to include over the
life of the permit. Any future additions or modifications to this
list shall require approval of the Zoning Hearing Board as a special
exception.
(b)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that such use will involve adequate supervision
and security measures to protect public safety.
(c)
The Zoning Hearing Board may place conditions
on the use as necessary to protect the public safety including conditions
on the types of residents and security measures.
(68)
Trucking company terminal.
(a)
Minimum lot area: four acres.
(b)
The applicant shall prove to the satisfaction
of the Zoning Hearing Board that the major routes of trucks to the
terminal will not significantly negatively impact predominately residential
area.
(c)
All truck parking, outdoor storage or loading or unloading areas shall be separated by a sixty-foot wide buffer yard within the provisions of § 275-171 from public streets and any abutting dwelling.
(d)
Any access roads, loading area or truck storage
area shall be a minimum of 300 feet from a dwelling.
(e)
The use shall be located within 3,000 feet of
an interchange of an expressway.
(f)
All truck parking, outdoor storage or loading/unloading
areas shall be set back a minimum of 300 feet from any existing dwelling.
(69)
Warehouse or wholesale.
(b)
Truck or rail access and operations shall not
conflict with the convenience and safety of auto traffic and parking.
(c)
No storage of trash, garbage, refuse, highly
explosive or flammable materials, hazardous or highly toxic substances,
animals, animal carcasses or similar items shall be permitted.
(d)
Uses that would involve the serving of the use
by an average of more than 300 tractor-trailers per weekday shall
be required to meet the additional standards in this section for a
trucking company terminal.
(e)
See requirements in § 275-190D(16) for outdoor storage or display.
(70)
Sleep center.
[Added 12-5-2011 by Ord. No. 09-11]
(b)
The use shall include adequate supervision by persons trained in
the field of sleep medicine.
(c)
This use may include the overnight stay of not more than 10 patients
exclusively for sleep studies.
(d)
The use is controlled by or under common control with a state-licensed hospital. For purposes of this § 275-189, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ability to exercise voting power, by contract, or otherwise.
(e)
The property and building where the use is located shall at all times
be subject to the payment of municipal real estate taxes.
(71)
Prison.
[Added 10-1-2012 by Ord.
No. 08-12]
(b)
Minimum lot area: 10 acres.
(c)
Minimum lot width: 200 feet.
(d)
Maximum building height: 45 feet.
(e)
Maximum lot coverage: 35%.
(f)
Minimum front yard setback: 200 feet.
(g)
Minimum side yard setback: 200 feet.
(h)
Minimum rear yard setback: 200 feet.
(i)
Setback from sensitive existing land uses: A one-thousand-five-hundred-foot
minimum setback, measured from any proposed-use site property line,
from an existing sensitive-use property line (and for the purpose
of this section "existing sensitive land uses" shall mean any school,
licensed day care, place of worship, residential dwelling, and/or
any other existing sensitive land use as may be determined by the
Board of Commissioners) shall be maintained.
[Amended 2-4-2013 by Ord. No. 01-13]
(j)
Utilities: Both public sanitary sewerage and public water service
shall be utilized.
(k)
Service roads, access drives, driveways, security perimeter
roadways, off-street parking areas, walkways, sidewalks: All shall
be paved using portland-style cement concrete or flexible asphalt
concrete unless otherwise approved by the Board of Commissioners.
(l)
Buffer yard: A minimum fifty-foot wide perimeter buffer yard
shall be provided and landscaped as required by the Board of Commissioners
as part of the conditional use approval.
(m)
Lighting: the requirements of § 275-135 shall be maintained unless otherwise approved by the Board of Commissioners as part of the conditional use approval.
(n)
Minimum required off-street parking: One space per 1,000 square
feet of gross floor area for administrative office and service areas,
and one space for every 16 inmate beds. (Additional off-street parking
requirements may be applied as part of the conditional use approval,
based upon the specific needs of the proposed prison operation. All
off-street parking computations shall be reviewed by the Township
Engineer subject to the approval of the Board of Commissioners.)
(o)
The applicant shall prove to the satisfaction of the Board of
Commissioners that the proposed use will not significantly negatively
impact any adjacently bordering residential use.
(p)
The applicant shall prove to the satisfaction of the Board of
Commissioners that the proposed use will involve adequate supervision
and security measures to protect public health and safety. Among other
things, documentation of county. state and/or federal approval for
the proposed use shall be submitted.
(q)
Emergency action plan: Such plan shall be submitted for review
and approval by the appropriate Township Officials prior to any Conditional
Use approval by the Board of Commissioners.
(r)
Prior to any approval, at the cost and expense of the applicant
pursuant to the Pennsylvania Municipalities Planning Code, as amended:
the Board of Commissioners shall secure an expert review of the proposed
use as it relates to the conditions found in this section and any
other relevant Zoning Ordinance requirements concerning the proposed
prison use.
(72)
Academic clinical research centers.
[Added 3-20-2017 by Ord.
No. 02-17]
(a)
Parking requirements will follow the parking regulations found in §§ 275-142, 275-143 and 275-144 of the Township of Bethlehem Zoning Ordinance. Off-street parking regulations shall utilize those listed for colleges, universities, technical or fine arts schools, and post-secondary schools as appropriate.
(b)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The portions of the academic clinical research center
where the medical marijuana is grown or processed shall not be located
in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
(c)
All external lighting serving an academic clinical research
center must be shielded in such a manner not to allow light to be
emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where an academic clinical research center adjoins a residential use or district, pursuant to § 275-171D of the Township of Bethlehem Zoning Ordinance.
(f)
The academic clinical research center shall require a site plan
review and approval if it is utilizing an existing facility and land
development review and approval if a new facility is being built and
utilized.
(73)
Grower/processor facility.
[Added 3-20-2017 by Ord.
No. 02-17]
(a)
A grower processor facility which grows medical marijuana must
be owned or leased and operated by a grower/processor legally registered
with the commonwealth and possess a current and valid medical marijuana
permit from DOH pursuant to the Act.[6]
[6]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
(b)
A grower/processor facility which grows medical marijuana can
only do so in an indoor, enclosed, and secure building which includes
electronic locking systems, electronic surveillance and other features
required by the DOH. The grower/processor facility shall not be located
in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
(c)
The maximum floor area of grower/processor facility shall be
limited to 20,000 square feet, of which sufficient space must be set
aside for secure storage of marijuana seeds, related finished product,
and marijuana-related materials used in production or for required
laboratory testing.
(d)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any grower/processor facility where
medical marijuana growing, processing or testing occurs.
(e)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with the DOH policy or policies and shall
not be placed within any unsecure exterior refuse containers.
(f)
The grower/processor facility shall provide only wholesale products
to other medical marijuana facilities. Retail sales and dispensing
of medical marijuana and related products is specifically prohibited
at grower/processor facility.
(g)
The grower/processor facility may not be located within 1,000
feet of the property line of a public, private, or parochial school
or day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of the
municipality in which it is located.
(h)
All external lighting serving a grower/processor facility must
be shielded in such a manner to not allow light to be emitted skyward
or onto adjoining properties.
(j)
A buffer planting is required where grower/processor facility adjoins a residential use or district in accordance with § 275-171D of the Township of Bethlehem Zoning Ordinance.
(k)
Entrances and driveways to a grower/processor facility must
be designed to accommodate the anticipated vehicles used to service
the facility.
(l)
The grower/processor facility shall require a site plan review
and approval if it is utilizing an existing facility and land development
review and approval if a new facility is being built and utilized
pursuant to the provisions of the Township of Bethlehem Ordinances.
(74)
Medical marijuana delivery vehicle office.
[Added 3-20-2017 by Ord.
No. 02-17]
(a)
A traffic impact study is required where the office is to be
located and operated.
(c)
All external lighting serving a medical marijuana delivery vehicle
office must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where medical marijuana delivery vehicle office adjoins a residential use or district pursuant to § 275-171D of the Township of Bethlehem Zoning Ordinance.
(e)
Entrances and driveways to a medical marijuana delivery vehicle
office must be designed to accommodate the anticipated vehicles used
to enter and exit the premises.
(f)
The medical marijuana delivery vehicle office shall require
a site plan review and approval if it is utilizing an existing facility
and land development review and approval if a new facility is being
built and utilized pursuant to the Township of Bethlehem Ordinances.
(g)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana delivery vehicle office, the office
must be secured to the same level as a grower/producer facility and
dispensary facility.
(75)
Dispensary facility.
[Added 3-20-2017 by Ord.
No. 02-17]
(b)
A dispensary facility may only dispense medical marijuana in
an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(c)
A dispensary facility may not operate on the same site that
a grower/processor facility is located.
(d)
A dispensary facility shall have a single, secure public entrance
and shall implement appropriate security measures to deter and prevent
the theft of medical marijuana and unauthorized entrance into areas
containing medical marijuana, all of which shall be in accordance
with the Act.[11]
[11]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
(e)
Permitted hours of operation of a dispensary facility shall
be 8:00 a.m. to 8:00 p.m. (of the same calendar day).
(f)
A dispensary facility shall be a maximum of 5,000 gross square
feet, of which no more than 500 square feet shall be used for secure
storage of medical marijuana, and shall have an interior customer
waiting area equal to a minimum of 25% of the gross floor area of
the dispensary facility.
(i)
A dispensary facility may not be located within 1,000 feet of
a property line of a public, private or parochial school or a day-care
center. This distance shall be measured in a straight line from the
closest exterior wall of the building or portion thereof in which
the business is conducted or proposed to be conducted, to the closest
property line of the protected use, regardless of municipality in
which it is located.
(j)
A dispensary facility shall be a minimum distance of 1,000 feet
from the next nearest medical marijuana facility. This does not include
complimenting or supporting businesses covered by different definitions.
This distance shall be measured in a straight line from the closest
exterior walls of the buildings or portions thereof in which the businesses
are conducted or proposed to be conducted, regardless of municipality
in which it is located. This separation distance does not apply to
the distance between the grower/processor facility or academic clinical
research centers and the specific dispensary facility they serve,
or with which they partner.
(l)
All external lighting serving dispensary facility must be shielded
in such a manner to not allow light to be emitted skyward or onto
adjoining properties.
(n)
A buffer planting is required where a dispensary facility adjoins a residential use or district pursuant to § 275-171D of the Township of Bethlehem Zoning Ordinance.
(o)
Entrances and driveways to a dispensary facility must be designed
to accommodate the anticipated vehicles used to service the facility.
(p)
The dispensary facility shall require a site plan review and
approval if it is utilizing an existing facility and a land development
review and approval if a new facility is being built and utilized
pursuant to the Township of Bethlehem Ordinances.
A.
General. Accessory buildings, structures or uses that
are clearly customary and incidental to a permitted by right, special
exception or conditional use are permitted by right, except as is
provided for in this chapter.
B.
Setback requirements.
(1)
The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this article for a particular
accessory use.
C.
Accessory uses permitted by right in all districts. The following accessory uses are permitted in all districts, within the requirements of this § 275-190 and this chapter:
(1)
Residential accessory building, structure or
use.
(2)
(3)
Bus shelter for riders of public or school buses
(not including any advertising signs).
(4)
Air conditioner.
(5)
Fence, wall or hedge.
(7)
Off-street parking to only serve a use permitted
in that same district.
(8)
Home gardening.
(9)
Satellite antenna.
(10)
Flag pole.
(11)
Keeping of pets.
(12)
Recreational facilities that are clearly limited
to the exclusive use of residents of a development and their occasional
invited guests.
(13)
Essential services.
(14)
Solar energy system.
(15)
Windmill.
(16)
Amateur radio antenna.
D.
Additional standards for specific accessory uses.
Each accessory use shall comply with all of the following standards
listed for that use:
(1)
Accessory apartment within an existing single-family
detached dwelling.
(b)
One of the dwelling units shall be owner-occupied
for a minimum period of 12 months following the conversion.
(c)
The dwelling as it preexists shall have a total
minimum square footage of 1,500 square feet and the principal dwelling
unit shall retain a minimum square footage of 900 square feet.
(d)
All required parking spaces shall be located
outside of the required front yard.
(e)
No more than a total of two dwelling units shall
be allowed.
(2)
Amateur radio antenna.
(a)
Height. No amateur radio antenna, including
its supporting structure, shall have a total height above the average
surrounding ground level of greater than 50 feet in a residential
district or 80 feet in any other district.
(b)
Anchoring. Any amateur radio antenna shall be
properly anchored to resist high winds.
(3)
Bed-and-breakfast use.
(a)
No more than four rental units shall be provided
and no more than four persons may occupy one rental unit.
(b)
One off-street parking space shall be provided
for each rental unit. The off-street parking spaces shall be located
either to the rear of the main dwelling or screened from the street
and abutting dwellings by evergreen screening.
(c)
At least one bathroom shall be provided for
every three guest units.
(d)
There shall be no use of show windows or any
type of display or advertising visible from outside the premises,
except for a single sign no larger than two square feet in size with
a maximum height of eight feet.
(e)
The use shall have a residential appearance
and character.
(f)
The use shall be carried on by members of a
family, who must reside on the primary premises.
(g)
There shall be no separate cooking facilities
in any guest room. Food shall only be served to guests who are staying
overnight.
(h)
The maximum, uninterrupted length of stay at
a bed-and-breakfast shall be 14 days.
(i)
The use of any amenities provided by the bed-and-breakfast,
such as a swimming pool or tennis court, shall be restricted in use
to the guests and permanent residents of the establishment, unless
the requirements for such a commercial use are also met.
(j)
Any on-lot septic system shall be recertified
as being adequate, in accordance with state regulations.
(4)
Day-care center. See nursery school/day-care
center.
(5)
Decks and patios. Decks and patios are permitted
to extend into a required side or rear yard, whether or not they are
attached to the principal building, if the following criteria have
been met:
(a)
The deck or patio shall meet the setback criteria
for an accessory structure in the district.
(b)
The deck shall not be constructed with a strip
footing, unless it meets the setback criteria for a principal structure.
(c)
There shall be no overhead structure, unless
it meets the setback criteria for a principal structure.
(d)
There shall be no sides, except for a deck rail
which does not exceed the minimum height criteria of the building
code, unless it meets the setback criteria for a principal structure.
The above criteria does not apply to the side or rear of the structure
to which the deck or patio abuts.
(e)
The height of the deck above average grade shall
be no greater than four feet, unless it meets the setback criteria
for a principal structure.
(6)
Essential services.
(a)
Essential services are permitted by right as
principal or accessory uses in all districts.
(b)
Only uses specifically listed in this subsection
shall be considered to be "essential services."
(c)
The following essential services are not required
to meet the accessory or principal setback, lot area or other lot
requirements of this chapter, except that any newly created lot shall
meet the applicable lot requirements if future building or subdivision
of the lot would be possible.
[1]
Oil pipelines and natural gas transmission and
distribution lines and accessory compressing stations.
[2]
Electrical transformers as an accessory use
to dwellings.
[3]
Electrical, telephone and streetlight poles.
[4]
Electrical transmission and distribution lines
and meters.
[5]
Wells, standpipes, water transmission lines,
cisterns and meters.
[6]
Sewage pumping stations, but not including a
central sewage treatment plant.
[7]
Cable television and telephone lines.
[8]
Stormwater pipes, outfalls, detention basins,
swales and catch basins.
[9]
Shelters and benches for buses that transport
school children or that are owned, operated or financed by a public
transit authority, but without off-premises signs.
[10]
U.S. mailboxes.
[11]
Boxes for receiving individual
newspapers.
[12]
Railroad lines.
[13]
Fire hydrants and emergency call
boxes.
[14]
Engineering retaining walls that
are clearly necessary to hold back slopes.
[15]
Sidewalks.
[16]
Residential driveways.
[17]
Ramps primarily intended for handicapped
access.
[18]
Ground-level porches that are
not covered by a structure.
(d)
The following are permitted essential services and are required (except within § 275-6) to meet all of the applicable requirements of this chapter:
[1]
Electrical substations and bulk transformers
that are not an accessory use to dwellings.
[2]
Water towers, filtration plants and pressure
stations.
[3]
On-lot septic disposal systems.
[4]
Emergency and other electrical generators and
compressors.
[5]
Solid waste bulk dumpsters and bulk compactors.
[6]
Telephone switching stations.
[7]
Construction. Temporary storage of vehicles
and materials and/or construction office trailers that are clearly
needed and being actively used for current construction on the same
or an adjacent lot or within the same subdivision.
[8]
Industrial or commercial air conditioners.
(e)
Screening of substations. Electric substations shall be required to provide evergreen screening within the requirements of § 275-171 on sides that are within 150 feet of a dwelling, undeveloped residentially zoned land or an expressway, arterial or connector street. This screening shall only be required if the electric substation would have facilities of greater than 10 feet in height that are not completely enclosed within a building.
(7)
Fences and walls.
(b)
Fences.
[1]
Front yard fences in residential properties:
[a]
May be located along the front
property line if the fence is an open-picket design having a minimum
of 1:1 open to structural components (such as a picket fence), or
shall be set back the minimum distance for principal buildings.
[b]
The front yard setback for principal
structures shall apply to all street frontages on corner lots, through
lots and any other lot configurations that have more than one street
frontage.
[c]
Shall be no higher than five feet.
[d]
Shall be constructed of wood or
other material that provides the appearance and character of wood
and such other non-wooden fasteners and hardware as are necessary.
[2]
Side or rear yards fences in residential properties
shall be no higher than six feet, except for tennis, basketball or
racquet sport courts, which may have fences up to 10 feet high.
(c)
Walls.
[1]
Engineered retaining walls necessary to hold
back slopes and embankments are exempt from setback regulations and
the regulations of this section and are permitted by right as needed
in all districts.
[2]
Any wall shall be architecturally compatible
with the structure and the landscape.
[3]
Front yard walls on a residential property are
prohibited except that a decorative wall with a maximum height of
five feet is permitted if the total length of the wall is not greater
than 20% of the length of the street frontage of the lot.
[4]
Along the side or rear lot line in residential
properties, walls shall have a maximum height of one foot for every
two feet that the wall is set back up to a maximum height of six feet.
[5]
Walls in a nonresidential district shall be
no higher than 10 feet and meet the same height and setback criteria
as fences in nonresidential districts.
(9)
Heliport. See standards at § 275-189A(3), Airport or heliport.
(10)
Home occupation, major.
[Added 12-20-2004 by Ord. No. 10-04]
(a)
The use may only be conducted in the Neighborhood Enhancement Overlay District in accordance with Article XXVI.
(b)
The home occupation shall not be conducted on
the premises outside of a building.
(c)
The home occupation may be conducted in the
principal residential building, provided that the area used for a
home occupation shall not exceed 45% of the total floor area of the
principal dwelling unit.
(d)
There shall be no outside storage of materials,
products or equipment.
(e)
There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign no larger than four square feet in size constructed and placed in accordance with Article XVIII.
(f)
Parking of trucks. The regulations of § 275-143 shall apply. Temporary parking on the lot or on the street of delivery trucks with six or more wheels or servicing by such trucks shall be limited to no more than one such truck for no more than a total of one hour per day and a maximum of five times per week. The parking of up to two trucks of employees each with only four wheels on the ground and with or without routine signs attached to the trucks shall be specifically permitted.
(g)
Uses permitted as a home occupation include
but are not limited to: art studio, barber shop, beauty shop, professional
office and instruction or tutoring of not more than four pupils simultaneously.
(h)
The following uses shall not be permitted as
a home occupation: animal hospital, stable, kennels, funeral parlor,
retail store, restaurant or truck terminal.
(i)
No machinery or equipment shall be permitted
that produces noise, odor, vibration, light or electrical interference
beyond the boundary of the property.
(j)
The Zoning Hearing Board may require such conditions
as they deem reasonable and necessary to limit potential adverse effects
of a particular use.
(k)
Parking and loading. Adequate space for off-street parking and loading shall be provided in accordance with Article XVII of this chapter. Such areas shall be located to the rear of the lot, if possible.
(l)
Building appearance. There shall be no change
in the existing outside appearance of the building or premises or
other visible evidence of the conduct of a home occupation, except
for the permitted sign.
(m)
No use shall be permitted that would generate
vehicular traffic or noise in excess of what is common and expected
in a residential neighborhood.
(n)
Number of employees. A total maximum of two
persons working on the lot who are not permanent residents of the
dwelling.
(o)
Hours. No home occupation shall be conducted
between the hours of 9:00 p.m. and 7:00 a.m.
(p)
Chemicals. The use shall not involve the storage
or use of hazardous or explosive materials or chemicals.
(11)
Home occupation, minor.
[Amended 12-20-2004 by Ord. No. 10-04]
(a)
The home occupation shall not be conducted on
the premises outside of a building.
(b)
The home occupation may be conducted in the
principal residential building, provided that the area used for a
home occupation shall not exceed 25% of the total floor area of the
principal dwelling unit.
(c)
There shall be no outside storage of materials,
products or equipment.
(d)
There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign no larger than four square feet in size constructed and placed in accordance with Article XVIII.
(e)
Parking of trucks. The regulations of § 275-143 shall apply. Temporary parking on the lot or on the street of trucks with six or more wheels or servicing by such trucks shall be limited to no more than one such truck for no more than a total of one hour per day and a maximum of five times per week. The parking of up to two trucks each with only four wheels on the ground and with or without routine signs attached to the trucks shall be specifically permitted.
(f)
No servicing by tractor-trailer trucks shall
be permitted.
(g)
Uses permitted as a home occupation include
but are not limited to: art studio, barber shop, beauty shop, professional
office and instruction or tutoring of not more than four pupils simultaneously.
(h)
The following uses shall not be permitted as
a home occupation: animal hospital, stable, kennels, funeral parlor,
retail store, restaurant or truck terminal.
(i)
No machinery or equipment shall be permitted
that produces noise, odor, vibration, light or electrical interference
beyond the boundary of the property.
(j)
The Zoning Hearing Board may require such conditions
as they deem reasonable and necessary to limit potential adverse effects
of a particular use.
(k)
Parking and loading. Adequate space for off-street parking and loading shall be provided in accordance with Article XVII of this chapter. Such areas shall be located to the rear of the lot, if possible.
(l)
Building appearance. There shall be no change
in the existing outside appearance of the building or premises or
other visible evidence of the conduct of a home occupation, except
for the permitted sign.
(m)
See conditions required by the definition of
"home occupation, minor" in this chapter.
(n)
No use shall be permitted that would generate
vehicular traffic or noise in excess of what is common and expected
in a residential neighborhood.
(o)
Number of employees. A total maximum of one
person working on the lot who is not a permanent resident of the dwelling.
(p)
Hours. No home occupation shall be conducted
between the hours of 9:00 p.m. and 7:00 a.m.
(q)
Chemicals. The use shall not involve the storage
or use of hazardous or explosive materials or chemicals.
(12)
No-impact home-based business.
[Amended 12-20-2004 by Ord. No. 10-04]
(b)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
(c)
The business shall employ no employees other
than family members residing in the dwelling.
(d)
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
(e)
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
(f)
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
(g)
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
(h)
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
(i)
The business shall not involve any illegal activity.
(13)
Keeping of pets. (Note: This does not pertain to animal husbandry which is regulated by § 275-189.)
(a)
This is a permitted-by-right accessory use in
all districts unless otherwise stated.
(b)
No use shall involve the keeping of animals
or fowl in such a manner that it creates a serious nuisance (including
noise or smell) or a health hazard or a safety hazard.
(c)
In the RR, LDR, MDR or MHDR Districts, no more
than three dogs and no more than four cats may be kept, unless the
nearest dwelling other than that of the owner is at least 300 feet
from any area in which the animals are regularly kept. No numerical
restriction shall apply to cats and dogs of less than six months age.
(d)
In any zoning district it is permitted to maintain
pigeons and fowl up to a total of 12, provided it is in the rear yard,
it is on a noncommercial basis and is strictly as an incidental use,
the area in which the fowl or pigeons are kept is enclosed by a fence
that will contain them, all parts of which are at least 50 feet from
any lot line and is not closer than 100 feet to the nearest dwelling
other than that of the owner.
(e)
In any zoning district it is permitted to maintain
up to two saddle horses on a lot of two acres or more, provided no
exercise area, horse barn, corral, fenced-in area or stable is less
than 100 feet from any lot line and is not closer than 200 feet to
the nearest existing dwelling that is exterior to the lot with the
horses on it.
(f)
Keeping of more than the specified number of
cats or dogs shall be considered a kennel.
(g)
Keeping of more than the specified number of
pigeons or fowl shall be considered animal husbandry.
(h)
Keeping of more than the specified number of
horses shall be considered a stable.
(14)
Leaf composting.
(a)
Shall be limited to the composting of biodegradable
vegetative material, including grass clippings, trees, shrubs and
leaves.
(b)
Shall be conducted in such a way that a fire,
rodent or vector hazard is not created.
(c)
Composting areas of greater than one acre shall
be set back 100 feet from all lot lines.
(15)
Nursery school/day-care center as an accessory
use to a residential use.
(a)
Care of a maximum of six children may occur
in a single-family detached dwelling, or up to two children in any
other dwelling unit. This restriction shall apply only to children
not related to the operator by blood, marriage, adoption or foster
relationship.
(b)
Uses involving the care of three or more children
not related to the operator shall occur only in a dwelling with a
minimum of 1,000 square feet of available usable outdoor open space
or that is within 500 feet of a public park.
(c)
The dwelling shall retain a residential appearance
with no change to the exterior of the dwelling to accommodate the
use.
(d)
Any day-care center or nursery school involving more than six children shall be considered a principal use and meet the standards of § 275-189A(50), Nursery school/day-care center, if allowed.
(16)
Outdoor storage and display, commercial or industrial
(as a principal or accessory use).
(a)
Location. Shall not occupy any part of the existing or future street right-of-way, area intended or designed for pedestrian use, required parking area, or part of the required paved area of parking area setback (see § 275-144B).
(b)
No outside industrial storage shall be located
on land with an average slope in excess of 15%.
(d)
Tires.
[1]
Any stacks of tires shall be stacked
a maximum of 20 feet high. Each stack shall cover a maximum of 400
square feet. Each stack shall be separated from other stacks by a
minimum of 50 feet.
[2]
A maximum of 500 used tires may
be stored on any lot.
[3]
Routine storage of used tires is
permitted as an accessory to a tire sales commercial use, after such
tires were removed from vehicles on-site and while awaiting imminent
disposal. Any other storage of more than 50 used tires on a lot shall
only be permitted if approved as a special exception use as an accessory
use to a lawful junkyard or solid waste facility.
(e)
No outside commercial or industrial storage
or display shall be permitted in a required front yard in the PC,
LI(P), LI or OB Districts, except seasonal sale of Christmas trees.
(17)
Recreational vehicle storage as an accessory
use to a dwelling. One licensed, uninhabited recreational vehicle
or unit in transportable condition may be stored on a lot within the
following limitations:
(a)
It shall not be stored within the required front
yard, except for a total of 24 hours in any seven-day period.
(b)
It shall be set back a minimum of five feet
from the lot line of any lot that includes an existing residential
use.
(c)
Any recreational vehicle that is required to
be registered or licensed under state law to be operated and is not
registered or licensed shall be kept out of view from any public street
or existing dwelling (other than that of the owner).
(d)
One recreational vehicle may be inhabited as
a temporary accessory residence to a single-family detached dwelling
for a period of seven days once in a calendar year.
(18)
Residential accessory building, structure or uses. These uses shall be limited only to uses listed in this subsection, within the requirements listed in this § 275-190 for each accessory use.
(a)
Building (includes a private vehicle garage,
storage shed, greenhouse or gazebo).
(19)
Retail sales of agricultural products produced
on premises.
(a)
The use shall be an accessory use incidental
to a crop farming or animal husbandry use.
(b)
Only horticultural and/or agricultural products
shall be sold. A minimum of 50% of such products shall be produced
by the operator of the retail sales use or his/her immediate family.
(d)
All buildings erected for this use that are
not clearly permanent in nature shall be disassembled during seasons
when products are not offered for sale.
(f)
No stand shall be located closer than 20 feet
from any lot line.
(g)
A maximum of 2,000 square feet of building floor
area may be used for such use.
(h)
The use may occur as an accessory use with an
existing dwelling or barn.
(20)
Satellite antennas.
(a)
Intent. To provide for reception of satellite
communications, while assuring that such uses will not detract from
the character of any area or adversely affect property values.
(b)
Satellite antenna shall be a permitted-by-right
accessory use in all districts for all uses subject to the restrictions
of this section. This section shall not regulate satellite antenna
with a total dish diameter of less than three feet.
(c)
Location and number.
[1]
In the RR, LDR, MDR or MHDR Districts,
a satellite antenna with a diameter greater than three feet shall
neither be located between a residential use and the front lot line
nor on a corner lot between a residential use and any public street
(other than an alley).
[2]
A satellite antenna with a diameter
greater than three feet shall comply with the setback requirements
of an accessory use in all districts.
(d)
(e)
Screening. Any satellite antenna that is over
three feet in diameter and is ground-mounted, is within a residential
district and is within 100 feet of an existing abutting dwelling or
within a required front yard shall be screened by appropriate evergreen
plantings on approximately 180° of the 360° horizontally surrounding
the satellite antenna. Such evergreens shall be three feet high at
the time of planting. The antenna shall be screened from view from
a public road, if reasonable. In place of evergreen screening, a decorative
solid wood fence may be used, with a height of between five and six
feet.
(f)
Large lot exemption. If a satellite antenna
is to be located a minimum of 200 feet from all exterior lot line,
the requirements of this section shall not be binding, other than
the height requirements.
(21)
Septage and/or sludge application.
(a)
Septage and sludge shall only be applied to
land within the provisions of this section, as a special exception
use in the AG District. These regulations shall not apply to the disposal
of sludge or septage within a sanitary landfill with a valid state
permit.
(b)
Setback. No septage or sludge shall be applied
within 250 feet of an existing dwelling other than that of the applicant
or within 250 feet of a well or within 250 feet of an existing office
or restaurant use or within 250 feet of a nonintermittent creek or
river.
(c)
Submission requirements. An application for
a special exception use for septage or sludge application shall include
the following:
[1]
A description of the septage or
sludge application process, including the source of the materials,
the proposed amount to be used per acre and the total amount to be
annually applied.
[2]
A topographic map at an appropriate
scale, prepared by a registered engineer, surveyor or landscape architect
showing the following:
[a]
Location of the site relative to
public streets.
[b]
Identity of adjacent property owners.
[c]
Boundaries of areas to be used
for septage or sludge utilization.
[d]
Location of all setback areas required
under this section.
[e]
Location of all public and private
water supplies, water bodies, creeks, wells, springs or swamps within
1/4 mile of the proposed application area.
[3]
A report on the soils, geology
and hydrology of the site based upon a professional investigation.
[4]
An estimate of the number of vehicles
weighing over 20,000 pounds (loaded) which are expected to visit the
site.
(d)
Use requirements for application of septage
or sludge.
[1]
Application of septage or sludge
shall fully comply with all DEP requirements at all times and shall
obtain any needed state permits prior to any application of septage
or sludge.
[2]
Storage.
[a]
No storage or retention of septage
or sludge on any property that was not generated on-site or by the
same applicant shall be permitted within the Township for any period
of time except that:
[i]
A person who has obtained approval
to utilize septage or sludge may retain or store on the approved site
a quantity of septage or sludge equivalent to two day's usage, provided
that, at the expiration of 48 hours after the commencement of the
storage period, said septage must either be applied or removed from
the property.
[3]
Plowing under. All sewage sludge
or septage that is applied to land shall be plowed under within 48
hours and all such sludge or septage shall be covered with soil of
not less than six inches in depth.
[4]
Transportation. Any vehicle used
to haul septage or sludge shall be of such construction so as to prevent
spillage or droppage on any public street.
(e)
Insects. The use shall not be conducted in such
a way that flying insects are attracted or other disease-threatening
conditions are created.
(23)
Tennis court.
(a)
A tennis court shall not be located in the front
of a dwelling and shall not be located within any required accessory
yard areas.
(b)
No lighting shall shine directly beyond a boundary
of the lot where the tennis court is located.
(c)
A tennis court shall not be located over a drainage
field of a sewage disposal system.
(24)
Windmill.
(a)
All windmills that could be climbed upon by
children shall be surrounded by a fence at least five feet in height
which is located at least five feet from the base of such windmill.
(b)
No windmill shall be permitted the design of
which permits any vane, sail, or rotor blade to pass within 10 feet
of the ground.
(c)
All electrical wiring leading from a windmill
shall be located underground.
