The following procedures shall apply to all applicants for approval
of a conditional use or use by special exception in all zoning districts.
A.
Approval of conditional uses.
(1)
The Township Supervisors shall hear and decide requests for
conditional uses; however, the Township Supervisors shall not approve
a conditional use application unless and until:
(a)
A written application for conditional use approval is submitted
to the Zoning Officer no less than 10 working days prior to the regular
meeting of the Planning Commission. The application shall indicate
the section of this chapter under which conditional use approval is
sought and shall state the grounds upon which it is requested. The
application shall include the following:
[1]
A current property survey indicating all existing and proposed
structures and all proposed construction, additions or alterations
on the site in sufficient detail to determine the feasibility of the
proposed development and compliance with all applicable requirements
of this chapter.
[2]
A written statement showing compliance with the applicable express
standards and criteria of this article for the proposed use.
[3]
A list of the names and addresses of all property owners within
300 feet of the entire perimeter of the property for which conditional
use approval is requested, taken from the most recent records of the
Washington County Tax Assessor's office. At least 14 days prior to
the hearing, the Zoning Officer shall mail a copy of the notice by
certified mail to each property owner within 300 feet of the entire
perimeter of the property, including those located across a street
right-of-way. The cost of mailing the certified notices shall be paid
by the applicant.
[4]
A traffic impact analysis prepared by a registered traffic engineer
for the following proposed conditional uses:
[a]
Any proposed use which involves the construction
of 50 or more multifamily dwellings.
[b]
Any proposed use in the C-1, C-2, C-3 or H-I District
which involves the construction of a new building or remodeling for
a change of use of an existing building having a gross floor area
of 10,000 square feet or more.
(b)
A written recommendation is received from the Township Planning
Commission or 30 days has passed from the date of the Planning Commission
meeting at which the application is first considered as complete and
properly filed for approval.
(c)
A public hearing is conducted by the Township Supervisors pursuant
to public notice.
(d)
The Township Supervisors render a written decision or, when
no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the governing
body.[2]
(e)
In considering an application for conditional use approval, the Township Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 280-144 of this chapter.
(2)
If land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by Chapter 242, Subdivision and Land Development, may be processed concurrently, provided all application requirements of both ordinances for a conditional use and a land development plan are met.
B.
Expiration
of conditional use approval. Conditional use approval shall expire
automatically without written notice to the applicant if no application
for a land development plan, a grading permit, a building permit or
an occupancy permit to undertake the construction or authorize the
occupancy described in the application for conditional use approval
is submitted within 12 months of said approval, unless the Board of
Supervisors, in its sole discretion, extends conditional use approval
upon written request of the applicant received prior to its expiration.
The maximum extension permitted shall be one twelve-month extension.
C.
Approval of uses by special exception.
(1)
The Zoning Hearing Board shall hear and decide requests for
uses by special exception. The Zoning Hearing Board shall not approve
an application for a use by special exception unless and until:
(a)
A written application for approval of a use by special exception
is submitted to the Zoning Officer. The application shall indicate
the section of this chapter under which approval of the use by special
exception is sought and shall state the grounds upon which it is requested.
The application shall include the following:
[1]
A current property survey indicating all existing and proposed
structures and all proposed construction, additions or alterations
on the site in sufficient detail to determine the feasibility of the
proposed development and compliance with all applicable requirements
of this chapter.
[2]
A written statement showing compliance with the applicable express
standards and criteria of this article for the proposed use.
[3]
A list of the names and addresses of all property owners within
300 feet of the entire perimeter of the property for which approval
of the use by special exception is requested, taken from the most
recent records of the Washington County Tax Assessor's office. At
least 14 days prior to the hearing, the Board shall mail a copy of
the notice by certified mail to each property owner within 300 feet
of the entire perimeter of the property, including those located across
a street right-of-way. The cost of mailing the certified notices shall
be paid by the applicant.
[4]
A traffic impact analysis prepared by a registered traffic engineer
for the following proposed uses by special exception:
[a]
Any proposed use in the C-1, C-2, C-3 and H-I Districts
which involves the construction of any new building or remodeling
for a change of use of an existing building having a gross floor area
of 10,000 square feet or more.
(b)
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by § 280-137 of this chapter.
(c)
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 280-144.
(2)
If land development approval is required for the use by special exception, the application for approval of the use by special exception and the application for approval of a land development required by Chapter 242, Subdivision and Land Development, of this Code may be processed concurrently, provided all application requirements of both ordinances for a use by special exception and a land development plan are met.
D.
Expiration of approval of a use by special exception. Approval of
a use by special exception shall expire automatically without written
notice to the applicant if no application for a land development plan,
a grading permit, a building permit or an occupancy permit to undertake
the construction or authorize the occupancy described in the application
for approval of the use by special exception is submitted within 12
months of said approval, unless the Zoning Hearing Board, in its sole
discretion, extends approval of the use by special exception upon
written request of the applicant received prior to its expiration.
The maximum extension permitted shall be one twelve-month extension.
In addition to the specific standards and criteria listed for each use in § 280-102 below, all applications for conditional uses and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
A.
The use shall not endanger the public health, safety or welfare nor
deteriorate the environment as a result of being located on the property
where it is proposed.
D.
Ingress, egress and traffic circulation on the property shall be
designed to ensure safety and access by emergency vehicles and to
minimize congestion and the impact on local streets.
E.
Outdoor lighting, if proposed, shall be shielded and reflected away
from residential properties and public streets.
F.
For all uses which are subject to the requirements of the Americans
with Disabilities Act (ADA), the applicant shall certify that all
applicable ADA requirements have been met in the design.
G.
Impact study requirements. Any multifamily and/or nonresidential
use generating 200 or more vehicle trips per day as indicated by the
most recent edition of the ITE Trip Generation Manual shall be required
to submit an impact study. The submission of transit and traffic impact
studies shall be mandatory; however, the submission of the other impact
studies, as set forth herein, shall be at the sole discretion of the
Township's Board of Supervisors.
[Added 5-12-2008 by Ord.
No. 2008-4; 11-9-2015 by Ord. No. 2015-03]
(2)
Standards for the above-listed impact analysis shall conform
to the following provisions:
(a)
The transportation and traffic impact analysis shall contain
the following:
[1]
A description of the transportation and traffic impact area,
including its major roads and potential traffic-generation rates,
to be determined by current acceptable traffic-generation references.
The impact area shall incorporate all roads as required by the Pennsylvania
Department of Transportation and, in other situations, as required
by the Township's Engineer.
[2]
Existing twenty-four-hour and peak-hour traffic volume data
will be provided for all streets that provide access to the proposed
facility, and for all the collector and arterial streets that will
serve the facility, as well as any major intersections within the
impact area. The designation of the impact area, intersections and
roads that are to be a part of the study shall be subject to review
and approval by the Planning Commission.
[3]
Estimates of the total number of vehicle trips to be generated
by the proposed use for a typical twenty-four-hour period, typical
A.M. and P .M. peak periods, and maximum twenty-four-hour and peak-hour
periods.
[4]
Assignment of future twenty-four-hour and peak-hour volumes
to the road network and other streets that will serve the proposed
facility based upon the projection of increased traffic volumes within
the impact area.
[5]
Projected twenty-four-hour and peak-hour turning movements for
all access points to the proposed facility at any major intersection
used by traffic originating or destined for the proposed facility.
[6]
A capacity and level of service analysis on the major intersections
and roadways that will be impacted by the additional volumes generated
by the proposed use.
[7]
Accident analysis of all intersections and roadways within the
impact area, categorized by accident type at each location.
[8]
Structural analysis of intersections and roadways that will
be used by traffic originating at or destined for the proposed facility,
including designation of areas of inferior design, inadequate maintenance,
and the ability of the existing roads to carry traffic of the volumes
and weights that will be using the roadway for access to or from the
proposed facility.
[9]
A description of any street or road improvements that would
be required in order to avoid problems or traffic congestion, traffic
safety or deterioration to existing streets and roads because of increased
traffic volume or weight of traffic.
[10]
The cost estimates for any proposed improvements
that may be required.
[11]
Description of any action proposed or offered
by the applicant to correct or alleviate the impact of the proposed
facility on the transportation network.
[12]
The report shall contain the source of the standards
used, a description of the procedures and analysis undertaken, and
the recommendations and conclusions of the professionals who prepared
the report.
[13]
Should the applicant's transportation system
include non-road systems, the report shall contain the above analysis
for said systems.
(b)
Environmental impact study. An environmental impact study shall
be prepared and submitted with the application. The environmental
impact study shall describe, identify and analyze all environmental
aspects of the site and of neighboring properties that may be affected
by the proposed operations or the ultimate use proposed to be conducted
on the site. The limits of the impact area to be studied shall be
reviewed and approved by the Planning Commission. The environmental
impact study shall include, but not be limited to:
[1]
Underlying geology and soils, including depth locations, types,
characteristics and permeability or rock and soil types. All Class
1 soil types shall be mapped and identified.
[2]
Existing surface water, including ponds and streams, shall be
mapped and identified. The analysis shall include sources and destinations
of surface water runoff, pre- and post-development runoff volumes
and rates, analysis of chemical additives, erosion and sedimentation
control plans, and stormwater management facilities for the two-,
five-, ten-, twenty-five-, and 100-year frequency storms to prevent
any increase in runoff volumes or rates.
[3]
Existing and proposed impervious ground cover and the extent
and type of existing and proposed vegetative ground cover.
[4]
Existing wetlands and the changes or steps proposed that would
modify or protect the existing wetlands and their continued viability.
[5]
Existing and proposed elevations and contours, areas of slope
in excess of 15%, and proposals to prevent erosion and damage to such
steep slope areas.
[6]
Existing and proposed potable water and sanitary or industrial
sewage disposal and/or treatment facilities.
[7]
An analysis of the impact of the proposed facility on existing
plant and marine species, animal species, wildfowl and other birds,
drainage and runoff, groundwater and surface water quantity and quality,
wetlands, and historic, cultural or archeological sites.
[8]
The study shall identify all critical impact areas on or off
site that may be impacted by the proposed or ultimate use of the facility,
including the impact on the critical areas, the protective measures
and procedures to protect the critical areas from damage, and the
actions to be taken to minimize environmental damage to the critical
areas on the site and surrounding areas during and after completion
of the operation. Critical impact areas include, but are not limited
to, stream corridors, streams, wetlands, slopes in excess of 15%,
Class 1 agricultural lands, highly acidic or erodible soils, carbonate
or highly fractured bedrock, aquifer recharge and discharge areas,
areas of unique or protected vegetation, wildlife habitat, and areas
of historic, cultural and/or archaeological significance.
(c)
Community impact study. A community impact study shall be prepared
and submitted with the application. The study shall be prepared by
a planner acceptable to the municipality. The study shall evaluate
the impact of the proposed use upon existing community facilities
and services with an emphasis upon recreation and open space, land
uses with an emphasis upon preserving valuable agricultural lands,
historic and cultural sites, scenic views and vistas, and emergency
services and facilities with an emphasis upon police, fire and ambulance
services, and, if applicable, any of the previously listed impacts
on adjoining municipalities. The study shall, at a minimum, identify
the following:
[1]
Any potential increased use of the above-listed community assets.
[2]
Any potential increased cost to the Township to provide additional
facilities and services due to the impact of the proposed use.
[3]
An estimate of the amount of revenue to the Township generated
by the proposed use.
[4]
Any proposed measures to mitigate impacts upon the above-listed
community assets.
[5]
Any impact on fire, police, and/or emergency services.
H.
All required county, state and federal requirements, permits and
licenses shall be obtained prior to granting of conditional approval.
[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]
I.
The site shall be served by a municipal water supply and sanitary
sewage system.
[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]
A.
In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 280-101 above, an application for any of the following uses which are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.
(1)
Adult businesses, subject to:
(a)
Adult businesses shall not be permitted in any zoning district
other than the H-I Heavy Industrial District.
(b)
An adult business shall not be located within 1,000 feet of
a church; public or private pre-elementary, elementary or secondary
school; public library; day-care center or nursery school; or public
park adjacent to any residential district measured in a straight line
from the nearest portion of the building or structure containing the
adult business to the nearest property line of the premises of any
of the above-listed uses.
(c)
An adult business shall not be located within 5,000 feet of
any other adult business measured in a straight line from the closest
exterior wall of the building or structure in which each adult business
is located.
(d)
No more than one adult business shall be located in the same
building, structure or portion thereof, nor shall any adult business
increase its floor area into any building, structure or portion thereof
containing another adult business.
(e)
An adult business lawfully operating as a conforming use shall
not be rendered a nonconforming use by the location, subsequent to
the grant or renewal of the adult business permit, of a church, public
or private pre-elementary, elementary or secondary school, public
library, day-care center or nursery school or public park within 1,000
feet. This provision applies only to the renewal of a valid permit
and shall not apply when an application for a permit is submitted
after a permit has expired or has been revoked.
(f)
Any adult business, other than an adult motel, which exhibits
on the premises in a viewing room (a separate compartment or cubicle)
of less than 150 square feet of floor space a film or video cassette
or other video or image production or reproduction which depicts nudity
or sexual conduct, as defined herein, shall comply with the following:
[1]
At least one employee shall be on duty and shall be situated
in each manager's station at all times that any patron is present
inside the premises.
[2]
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of
every area of the premises to which any patron is permitted access
for any purpose, excluding rest rooms. Rest rooms shall not contain
video reproduction or viewing equipment. If the premises has two or
more manager's stations designated, then the interior of the
premises shall be configured in such a manner that there is unobstructed
view of each area of the premises to which any patron is permitted
access for any purpose from at least one of the manager's stations.
The view required in this subsection shall be by direct line of sight
from the manager's station.
[3]
It shall be the duty of the owners and operators and any agents
and employees present on the premises to ensure that the viewing area
remains unobstructed by any doors, walls, merchandise, display racks
or other materials at all times and to ensure that no patron is permitted
access to any area of the premises which has been designated in the
application submitted to the Township as an area in which patrons
will not be permitted.
[4]
No viewing room shall be occupied by more than one person at
any time. No connections or openings to an adjoining viewing room
shall be permitted.
[5]
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place in which patrons
are permitted access at an illumination of not less than one footcandle
as measured at the floor level. It shall be the duty of the owners
and operators and any agents and employees present on the premises
to ensure that the illumination is maintained at all times that any
patron is present on the premises.
[6]
If live performances are to be given, the premises in which
such live performances are to be offered shall contain a stage separated
from the viewing area, and the viewing area shall not be accessible
to the performers, nor shall the performers have easy access to the
viewers present.
[7]
Liquor or intoxicating beverages shall not be sold on the premises
for which the permit is sought.
(2)
Animal hospital, subject to:
(a)
In the C-1 District, the minimum lot area required for an animal
hospital shall be 20,000 square feet. In the R-D District, the minimum
lot area required for an animal hospital with an outdoor kennel or
outdoor runs shall be two acres. In the R-D District, the minimum
lot area for an animal hospital without an outdoor kennel or outdoor
runs shall be one acre.
(b)
All outdoor kennels or runs shall be constructed for easy cleaning
and shall be adequately secured by a fence with self-latching gate.
(c)
Outdoor kennels shall be located at least 200 feet from any
property line adjoining a residential use or zoning classification
and at least 50 feet from any other property line.
(d)
In the C-1 District, overnight boarding of animals, other than
for medical supervision, shall be permitted if the animals are housed
overnight within a completely enclosed building.
(e)
Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 280-144 of this chapter.
(3)
Apartment above office or retail, subject to:
(a)
Dwelling units shall not be located on street floor of any commercial
building.
(b)
Dwelling units shall have a minimum habitable floor area of
800 square feet.
(c)
Dwelling units in basements or accessory garages shall not be
permitted.
(d)
Each dwelling unit shall have a separate entrance which does
not require passing through any area devoted to office or retail use.
(e)
Two off-street parking spaces shall be provided for each dwelling
unit. Shared parking for residential and commercial uses shall not
be permitted.
(5)
Car wash, subject to:
(a)
All automated washing facilities shall be in a completely enclosed
building, as defined by this chapter. All other car washing facilities
shall be under a roofed structure which has at least two walls.
(b)
Drainage water from the washing operation shall be controlled
so that it does not flow or drain onto berms, streets or other property.
(c)
Standing spaces shall be provided in accordance with the requirements specified in § 280-109 for drive-in businesses.
(d)
The facility shall be connected to public sanitary and storm
sewers.
(e)
Driveway entrances shall be located at least 30 feet from the
right-of-way line of the intersection of any public streets.
(f)
Any car wash which also dispenses gasoline shall meet all applicable requirements of § 280-102A(29), governing service stations.
(6)
Cemetery, subject to:
(a)
A minimum site of 10 acres shall be required.
(b)
A drainage plan shall be submitted with the application for
the use, showing existing and proposed runoff characteristics.
(c)
A groundwater study prepared by a hydrologist or registered
engineer qualified to perform such studies shall be submitted with
the application.
(d)
Plans for ingress/egress to the site shall be referred to the
Township Police Department for comments regarding public safety.
(e)
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 280-105A of this chapter.
(f)
Parking for principal structures, such as chapels or mausoleums, shall be provided in accordance with the requirements for places of public assembly specified in Article XVIII.
(g)
All maintenance equipment shall be properly stored in an enclosed
building when not in use.
(h)
Burial sites or burial structures shall not be located within
100 feet of any property line adjoining residential use or zoning
classification.
(7)
Churches, schools, including postsecondary schools, firehouses
and public buildings, subject to:
(a)
The minimum lot area required for a postsecondary school shall
be 10 acres. The minimum lot area required for all other uses shall
be one acre.
(b)
If a residential facility (such as a convent or monastery) is
proposed as part of a church, no more than 10 persons shall be housed.
(c)
A dwelling (such as a manse or parsonage) may be located on
the same lot with a church, provided all requirements of this chapter
for single-family dwellings in the zoning district can be met in addition
to the minimum lot area, lot width and yard requirements applicable
to the church.
(d)
If the school includes dormitories, the dormitories shall be screened along any property line adjoining single-family use or zoning classification by Buffer Area "C," as defined by § 280-105A of this chapter.
(e)
Ingress and egress to and from police and fire stations shall
be located so as to maximize sight distance along adjacent public
streets and enhance safety for vehicles exiting the property.
(f)
Fire stations, police stations and municipal maintenance facilities
shall be located on the property so that vehicles and equipment can
be maneuvered on the property without interrupting traffic flow or
blocking public streets.
(g)
All schools shall be designed to provide convenient access for
emergency vehicles and access to all sides of the building by firefighting
equipment.
(h)
All outside storage shall be screened from public view from
streets and adjoining properties by a six-foot-tall hedge or opaque
fence.
(i)
The proposed use shall have direct access to a public street
with sufficient capacity to accommodate the traffic generated by the
proposed use.
(8)
Commercial communications tower, subject to:
(a)
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission (FCC) to operate a commercial communications
tower.
(b)
Any applicant proposing a new freestanding commercial communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the antenna on an existing building or
other structure or an existing commercial communications tower. A
good faith effort shall require that all owners within a one-fourth-mile
radius of the proposed site be contacted and that one or more of the
following reasons for not selecting an alternative existing building
or communications tower or other structure apply:
[1]
The proposed equipment would exceed the structural capacity
of the existing building, commercial communications tower or other
structure, and reinforcement of the existing building tower or other
structure cannot be accomplished at a reasonable cost.
[2]
The proposed equipment would cause RF (radio frequency) interference
with other existing or proposed equipment for that building, tower
or other structure, and the interference cannot be prevented at a
reasonable cost.
[3]
Existing buildings, commercial communications towers or other
structures do not have adequate space to accommodate the proposed
equipment.
[4]
Addition of the proposed equipment would result in NIER (nonionizing
electromagnetic radiation) levels which exceed any adopted local,
federal or state emission standards.
(c)
In the R-D Rural Development District, a commercial communications
tower shall not be located closer than 1,000 feet to any other commercial
communications tower.
(d)
The applicant shall demonstrate that the proposed height of
the commercial communications tower is the minimum height necessary
to function effectively.
(e)
The base of the commercial communications tower shall be set
back from all property lines a minimum distance which represents 20%
of the tower height, measured from the base of the antenna support
structure at grade to the highest point of the structure.
(f)
An antenna which is proposed to be mounted on an existing building
or structure, other than an existing commercial communications tower,
shall not exceed the height of the building or structure by more than
20 feet.
(g)
The applicant shall submit certification from a structural engineer
that the structural capacity of any existing building or structure
on which an antenna is proposed to be mounted is adequate to withstand
wind and other loads associated with the antenna's location.
(h)
In the case of a freestanding commercial communications tower,
the applicant shall submit evidence that the tower structure and its
method of installation have been designed by a registered engineer
and is certified by that registered engineer to be structurally sound
and able to withstand wind and other loads in accordance with accepted
engineering practice.
(i)
The applicant shall demonstrate that the proposed antenna and
any tower structure are safe and that surrounding areas will not be
negatively affected by tower structure failure, falling ice or other
debris, electromagnetic fields or radio frequency interference.
(j)
All guy wires and guyed towers shall be clearly marked so as
to be visible at all times.
(k)
Unless the commercial communications tower is located on a building,
the tower structure or the entire property on which the tower structure
is located shall be completely enclosed by a six-foot-high chain-link
fence with self-latching gate to limit accessibility to the general
public.
(l)
All tower structures shall be fitted with anti-climbing devices
as approved by the manufacturer for the type of installation proposed.
(m)
All antennas and tower structures shall be subject to all applicable
Federal Aviation Administration (FAA) and airport zoning regulations.
(n)
No sign or other structure shall be mounted on the tower structure,
except as may be required or approved by the FCC, FAA or other governmental
agency.
(o)
Tower structures supporting antennas shall be painted silver
or have a galvanized finish or may be painted green up to the height
of adjacent trees in order to reduce visual impact.
(p)
If the commercial communications tower is fully automated, adequate
parking shall be provided for periodic visits by maintenance workers.
If the commercial communications tower is not fully automated, one
parking space shall be provided for each employee on peak shift.
(q)
No antenna or tower structure shall be illuminated, except as
may be required by the Federal Aviation Administration (FAA) or the
Federal Communications Commission (FCC).
(9)
Commercial recreation, subject to:
(a)
The minimum lot area required for outdoor recreation facilities
shall be one acre. All indoor facilities shall meet the minimum lot
area required for the zoning district in which the property is located.
(b)
The property shall have frontage on and direct vehicular access
to an arterial or collector street, as defined by this chapter.
(c)
The property shall be served by public water and public sewers.
(d)
Adequate sanitary facilities available to the public shall be
provided.
(e)
Outdoor speakers shall not be permitted if there are dwellings
within 500 feet of the property in any direction. If outdoor speakers
are allowed, the volume and direction shall be regulated to minimize
impact on adjoining properties.
(f)
Location of buildings and facilities, traffic circulation on
the property and parking areas shall be designed to provide adequate
access for emergency medical vehicles and firefighting equipment.
(g)
Any outdoor facility shall be completely enclosed by a fence
which is at least six feet in height, with one or more locking gates
which shall remain secured when the facility is not in use.
(h)
Any outdoor facility located within 200 feet of an existing
dwelling shall cease operations no later than 10:00 p.m.
(i)
Any use which includes eating or drinking facilities shall be
subject to the parking requirements for that use in addition to the
parking requirements for the recreational use.
(10)
Comparable uses not specifically listed, subject to:
(a)
Uses of the same general character as any of the uses authorized
as permitted uses by right, conditional uses or uses by special exception
in the zoning district in which the property is located shall be allowed,
if the Zoning Hearing Board determines that the impact of the proposed
use on the environment and adjacent streets and properties is equal
to or less than any use specifically listed in the zoning district.
In making such determination, the Board shall consider the following
characteristics of the proposed use:
(b)
The proposed use shall comply with all applicable area and bulk
regulations of the zoning district in which it is located.
(c)
The proposed use shall comply with any applicable express standards
and criteria specified in this article for the most nearly comparable
use by special exception or conditional use listed in the zoning district
in which the comparable use is proposed.
(d)
If the proposed use is determined by the Zoning Hearing Board
to be most nearly comparable to a permitted use or use by special
exception, the Zoning Hearing Board shall review the proposed use
as a use by special exception and shall act on the proposed development
plan.
(e)
If the proposed use is determined by the Zoning Hearing Board to be most nearly comparable to a conditional use, the Zoning Hearing Board shall forward the application to the Board of Supervisors to conduct a public hearing and act on the development plan in accordance with the requirements of § 280-100A.
(f)
The proposed use shall be consistent with the purpose statement
for the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
(11)
Conversion apartment, subject to:
(a)
Each dwelling unit shall contain a minimum of 800 square feet
of gross floor area.
(b)
Each dwelling unit shall have separate living, sleeping, kitchen
and sanitary facilities.
(c)
Each dwelling unit shall have a separate entrance directly to
the outside.
(d)
The maximum number of dwelling units in the same residential
building shall be four units.
(e)
Conversion of detached garages or other accessory structures
to dwelling units shall not be permitted.
(f)
One and one-half off-street parking spaces shall be provided for each dwelling unit. The paving and design of the off-street parking spaces shall be in accordance with the requirements of § 280-117 of this chapter.
(g)
Where three or more off-street parking spaces are provided,
the parking area shall be screened from adjoining single-family dwellings
by a six-foot-high compact evergreen hedge.
(12)
Day-care center or preschool facility, subject to:
(a)
The facility shall be registered with or licensed by the commonwealth,
if applicable.
(b)
In the R-D, R-1 and R-2 Zoning Districts, the facility shall
be permitted to be located only in a church or school.
(c)
Outdoor play areas shall be provided, which shall have a minimum
area of 65 square feet per child and which shall be secured by a fence
with self-latching gate.
(d)
Outdoor play areas which adjoin residential lots shall be screened by Buffer Area "C," as defined by § 280-105A of this chapter.
(e)
The general safety of the property proposed for a day-care center,
nursery school or preschool facility shall meet the needs of small
children.
(13)
Family day-care home, subject to:
(a)
An adequate outdoor play area shall be provided and shall be
secured by a fence with self-latching gate. Such play area shall be
screened from adjoining residential properties by a minimum four-foot-high
compact, dense evergreen hedge or opaque fence.
(b)
Outdoor play areas shall have a minimum area of 600 square feet.
(c)
A safe area shall be provided for dropping off and picking up
children, which does not obstruct the free flow of traffic on any
public street.
(d)
The family day-care home shall be licensed by, or approved by,
the commonwealth, as required by the laws of the commonwealth, and
continued compliance with the license or approval and all applicable
laws of the commonwealth shall be maintained throughout the operation
of the family day-care home.
(e)
All applicable criteria of § 280-102A(39), governing home occupations shall be met.
(14)
Funeral home, subject to:
(a)
The minimum lot area shall be 40,000 square feet.
(b)
The site shall have frontage on and direct vehicular access
to an arterial or collector street.
(c)
All off-street parking areas which adjoin residential zoning
classification shall be screened by a six-foot-high dense, compact
evergreen hedge.
(d)
Traffic circulation on the lot shall be designed to minimize
congestion and provide for the lining up of vehicles on the property
without obstructing the free flow of traffic on adjoining streets
or alleys.
(15)
Group care facility, personal care boardinghome or transitional
dwelling, subject to:
(a)
The minimum area and bulk regulations for a group care facility,
personal care boardinghome or transitional dwelling shall be the same
as those required for a principal use in the district in which the
facility is located.
(b)
In the R-3 District, a group care facility or personal care
boardinghome shall have frontage on and direct vehicular access to
an arterial or collector street as defined by this chapter.
(c)
No group care facility, personal care boardinghome or transitional
dwelling shall be located within 1,000 feet of another existing or
proposed group care facility, personal care boardinghome or transitional
dwelling.
(d)
Adequate provisions shall be made for access for emergency medical
and firefighting vehicles.
(e)
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
(f)
Adequate open space opportunities for recreation shall be provided
on the lot for the residents, consistent with their needs, and the
area shall be secured by a fence with self-latching gate.
(g)
Where applicable, licensing or certification by the sponsoring
agency shall be prerequisite to obtaining a certificate of occupancy,
and a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
(16)
Hospital, clinic or nursing home, subject to:
(a)
The minimum lot area required for a hospital shall be five acres.
The minimum lot area required for a clinic or nursing home shall be
one acre.
(b)
The property shall be served by public water and public sewers.
(c)
All hospitals and nursing homes shall be licensed by the commonwealth.
(d)
Water pressure and volume shall be adequate for fire protection.
(e)
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
(f)
The parking and circulation plan shall be referred to the Township
police department and volunteer fire company for comments regarding
traffic safety and emergency access.
(g)
Nursing homes shall have a bed capacity of at least 20 beds,
but no more than 200 beds.
(h)
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 280-105A of this chapter.
(i)
A private-use helipad for air ambulances shall be permitted
as part of a hospital, provided all of the following criteria are
met:
[1]
Helipads shall be located at least 250 feet from
any property line or public street.
[2]
Helipads accessory to a hospital shall be limited
to use by emergency vehicles and health system personnel.
[3]
Evidence of compliance with all applicable regulations
of the Federal Aviation Administration (FAA) and the Pennsylvania
Department of Transportation Bureau of Aviation shall be submitted.
[4]
The helicopter landing pad shall be clearly marked
with the insignia commonly recognized to indicate a private-use helipad.
[5]
The helicopter landing pad shall be paved, level
and maintained dirt free. Rooftop pads shall be free of all loose
stone and aggregate.
[6]
An application for a helipad on a roof shall be
accompanied by a certification by a registered engineer that the loads
imposed by the helicopter will be supported by the structure.
[7]
Lighting shall be shielded away from adjacent properties
and streets.
(j)
Disposal of medical waste shall be in accordance with all applicable
permits and handling requirements of the Pennsylvania Department of
Environmental Protection (PA DEP) and the United States Environmental
Protection Agency (EPA).
(17)
Landfill, subject to:
(a)
The minimum site required shall be 100 acres.
(b)
The site shall have frontage on and direct vehicular access
to an arterial or collector street, as defined by this chapter.
(c)
The driveway or haul road entering the site from a public street
shall be paved for a distance of 500 feet from the public street.
(d)
A tire-washing station shall be located on the site to service
trucks exiting the facility.
(e)
Prior to beginning operations, the operator shall post a bond
in favor of the Township and in a form acceptable to the Township
Solicitor in the amount of $100,000 for each mile of Township road
or portion thereof proposed to be traversed by vehicles travelling
to the site. The term of the bond shall begin on the date that the
zoning certificate is issued. The bond shall be returned to the operator
upon completion of all operations and any backfilling or reconstruction
of a damaged roadway due to weight in excess of the posted weight
limits for the road. Any failure to complete the reconstruction required
by this chapter shall result in forfeiture of the required bond. Those
portions of the Township roads which have been damaged shall be determined
by inspection of the Township Engineer and shall be reconstructed
to current Township specifications for street construction.
(f)
Landfill operations shall not be conducted within 200 feet of
any property lines adjoining residential use or zoning district classification.
(g)
All property lines adjoining residential use or zoning district classification shall be screened by Buffer Area "A," as defined by § 280-105A of this chapter.
(h)
Fencing at least six feet in height shall be provided around
any work area for security and to control windblown refuse.
(i)
The applicant shall show compliance with all applicable federal
and state laws regulating landfills.
(j)
The applicant shall obtain the required permits from the Pennsylvania
Department of Environmental Protection (PA DEP) and/or the United
States Environmental Protection Agency (EPA) prior to initiating any
operation.
(k)
The required federal or state permits shall be maintained throughout
the duration of all operations.
(l)
Any suspension or revocation of the required state or federal
permits shall constitute a violation of this chapter and shall result
in the suspension or revocation of the zoning certificate or enforcement
of the penalty provisions of this chapter, or both.
(m)
In January of each year, the operator shall apply to the Zoning
Officer for renewal of the zoning certificate and shall present evidence
of continuing compliance with all conditions of approval and the required
state or federal permits.
(18)
Light manufacturing, subject to:
(a)
All activities shall comply with the performance standards specified in § 280-104 of this chapter.
(b)
All materials and equipment shall be stored within a completely
enclosed building.
(c)
The storage, handling, transportation and disposal of hazardous
or potentially hazardous materials shall be in accordance with all
applicable permits and requirements of the Pennsylvania Department
of Environmental Protection (PA DEP) and the United States Environmental
Protection Agency (EPA).
(d)
Adequate public utilities shall be available to meet the requirements
of the proposed manufacturing processes.
(e)
Adjacent public streets shall be adequate to accommodate the
traffic volumes and weight limits associated with truck traffic to
and from the site.
(19)
Mini warehouses or self-storage buildings, subject to:
(a)
The minimum site area required shall be two acres.
(b)
The site shall have frontage on and direct vehicular access
to an arterial or collector street, as defined by this chapter.
(c)
Vehicular access to the site shall be limited to one two-way
or two one-way driveways from each arterial or collector street on
which the site has frontage.
(d)
All interior driveways shall be paved with an asphalt or similar
surface sufficient for the loads the driveways are expected to bear.
(e)
Parking shall be provided in accordance with the following:
[1]
Two spaces for manager's quarters, if any;
[2]
One space for each 25 storage units, which spaces
shall be located near the manager's quarters or office to be
used by prospective customers;
[3]
One space for each 10 storage units equally distributed
throughout the storage area to be used by the customers.
(f)
Buffer area "A" shall be provided in accordance with the requirements of § 280-105A of this chapter along all property lines which adjoin residential use or zoning classification.
(g)
The perimeter of the site shall be fenced with a minimum eight-foot-high
chain-link fence with self-latching gate. If an outside storage area
is proposed, the fence around the outside storage area shall be supplemented
with screening material which creates a visual barrier that is at
least eighty-percent opaque.
(h)
Maximum building height shall be 20 feet.
(i)
The maximum length of any storage building shall be 200 feet.
(j)
The minimum distance between storage buildings shall be 20 feet.
(k)
Maximum lot coverage by all buildings shall be 40%.
(l)
Office space may be provided which shall not exceed 5% of the
total area devoted to storage.
(m)
Storage units shall not be equipped with water or sanitary sewer
service.
(n)
No business activity other than rental of storage units shall
be conducted on the premises.
(o)
Operations shall be regulated so that nuisances such as visual
blight, glare, noise, blowing debris or dust shall not be created.
(p)
Exterior finishes of the storage units shall be compatible with
the character of development on adjoining properties.
(q)
No sign shall be placed on the buildings or on their rooftops.
(r)
Both the landlord and the tenants shall be responsible for prevention
of the storage of hazardous materials or substances in the storage
buildings.
(20)
Mineral removal, subject to:
(a)
Removal of minerals encountered during the routine grading of
a site for the purposes of an approved land development or for the
construction of public improvements shall be excluded from these regulations
and the requirement to obtain approval of a conditional use application,
provided evidence is presented to the Township that all applicable
requirements of the Pennsylvania Department of Environmental Protection
(DEP) are met.
(b)
There shall be no removal of minerals or vegetative cover within
100 feet of the bank of any stream or natural watercourse identified
on maps prepared by the United States Geologic Survey (USGS).
(c)
Mineral removal shall be prohibited in watersheds or rivers
or streams now or hereafter designated by the Pennsylvania Fish Commission
as a "wilderness trout stream," by the Pennsylvania Department of
Environmental Protection as part of the Scenic Rivers System or designated
under the Federal Wild and Scenic Rivers Act.
(d)
No mineral removal shall be conducted within 300 feet of any
public building, school, church, community or institutional building,
commercial building, public park or private recreational area.
(e)
No mineral removal shall be conducted within 100 feet of the
outside right-of-way line of any public street, except where access
roads or haulage roads join the right-of-way line and where the appropriate
state or federal agency having jurisdiction over the conduct of mineral
removal operations shall permit it in accordance with law.
(f)
No mineral removal shall be conducted which will adversely affect
any publicly owned park or places included in the National Register
of Historic Sites, unless approved by the governmental agency with
jurisdiction over the park or historic site.
(g)
No mineral removal shall be conducted within 100 feet of a cemetery.
(h)
No mineral removal shall be conducted within 300 feet of an
occupied dwelling, unless the consent of the owner has been obtained
in advance of the filing of the application for zoning approval.
(i)
The applicant shall present expert testimony to demonstrate
that the proposed mineral removal operation will not adversely affect
any of the following:
(j)
The applicant shall present expert testimony to demonstrate
that the use of explosives, if proposed, shall not cause injury to
any adjacent structures or shall not substantially diminish underground
water resources.
(k)
If blasting is to be undertaken, a seismograph shall be placed
on the site of the operation during all times when blasting is performed,
which shall be monitored by an independent engineering consultant
whose credentials are acceptable to the Township and whose fee is
paid by the applicant.
(l)
The applicant shall provide reclamation plans for the site that
demonstrate that the condition of the land after the operation is
completed will allow economically and ecologically productive uses
of the type permitted in the district in which the site is located.
Acceptance of the reclamation plan shall not constitute approval of
any aspect of any future development plan.
(m)
The applicant shall show the proposed routes of all trucks to
be utilized for hauling and the estimated weights of those trucks.
The applicant shall show evidence of compliance with designated weight
limits on state, county and Township roads and shall design the hauling
routes for the mineral removal operation to minimize the impact on
local streets within the Township.
(n)
The operator shall post a bond in favor of the Township and
in a form acceptable to the Township prior to beginning operations
to guarantee restoration of Township streets which may be damaged
during the mineral removal operations.
(o)
Portions of the site where mineral removal operations are conducted
may be required to be fenced or screened, as necessary, to provide
security and protect adjacent properties.
(p)
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
and federal permits, including proof of insurability, before initiating
any work and shall maintain the required permits throughout the duration
of all operations. Any suspension or revocation of the required state
or federal permits shall constitute a violation of zoning approval
and will result in the suspension or revocation of zoning approval
and/or enforcement of the penalty provisions of this chapter.
(q)
Approval of the conditional use shall expire if work authorized
in the application for the conditional use is not commenced within
six months of the date of approval of the conditional use application
by the Board of Supervisors, unless the applicant submits a written
request for an extension prior to the expiration of the six months
after the date of approval.
(r)
Once work is initiated under an approved application for conditional
use, zoning approval shall be valid for a period of one year from
the date of conditional use approval by the Board of Supervisors.
An application for renewal of zoning approval shall be submitted prior
to the expiration of zoning approval and shall be approved by the
Zoning Officer upon demonstration by the applicant that all conditions
of approval of the conditional use and the required federal and state
permits remain in full force and effect and that the applicant is
diligently pursuing the completion of the mineral removal operation.
(s)
During the mineral removal operation, the Township Engineer
may inspect the site at the request of the Board of Supervisors to
determine continuing compliance with these standards and criteria
and any conditions of approval; the cost of inspection by the Township
Engineer shall be borne by the operator.
(21)
Mobile home park, subject to:
(a)
The application shall comply with all applicable requirements of Chapter 242, Subdivision and Land Development, governing mobile home parks.
(b)
The minimum site required for a mobile home park shall be five
acres.
(c)
The site shall be served by public sewers.
(d)
The minimum mobile home lot shall be 6,000 square feet.
(e)
The minimum yard requirements for each mobile home lot shall
be 25 feet for front yards, 20 feet for rear yards and 10 feet for
side yards. Such yards shall be measured from the perimeter of the
mobile home slab.
(f)
Every mobile home slab shall have access to a public or private street in accordance with the requirements of Chapter 242, Subdivision and Land Development.
(g)
Each mobile home lot shall provide two off-street parking spaces.
(23)
Private club, subject to:
(a)
Any establishment which includes a restaurant or tavern shall be subject to the off-street parking requirements of Article XVIII for the portion of the building devoted to the restaurant or tavern use, in addition to the parking required for the private club.
(b)
Any rental of the facility to nonmembers shall require on-site
management and/or security personnel during the event.
(c)
Activities on the site and within the building shall comply with the noise standards specified in § 280-104D of this chapter.
(d)
All off-street parking which adjoins residential zoning classification
shall be screened by a six-foot-high dense, compact evergreen hedge.
(24)
Public or private parking lot or parking garage, subject to:
(a)
All public or private parking lots or parking garages shall
be designed to have direct vehicular access to an arterial or collector
street, as defined by this chapter.
(b)
All public or private parking lots or parking garages shall
be designed to minimize traffic congestion on the site or within the
garage and for traffic entering or leaving the site or parking structure.
(c)
The design of any parking garage proposed to be located on property
which adjoins a residential zoning district shall take into account
the height, visual, light and air impacts on adjoining residences
and shall utilize architectural materials for the exterior walls facing
those residential areas which are compatible with the residential
character of adjoining properties.
(d)
Any parking garage structure, whether proposed as a principal
structure or an accessory structure, shall comply with the yard requirements
for a principal structure.
(25)
Public recreation and noncommercial recreation, subject to:
(a)
A minimum lot area of one acre shall be required; however, the
minimum lot area required may be reduced to not less than 12,000 square
feet for public facilities which are located in established neighborhoods
within walking distance of the residents they are intended to serve
and where no off-street parking is proposed for the facility.
(b)
All principal structures shall be located at least 30 feet from
any property line.
(c)
Buffer area "C," as defined by § 280-105A of this chapter, shall be provided where parking for the use or other intensively used facilities such as ball fields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or zoning classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or zoning classification.
(e)
All lighting shall be shielded away from adjoining streets and
properties.
(f)
Any outdoor facility located within 200 feet of an existing
dwelling shall cease operations at 10:00 p.m.
(26)
Public utility installation, subject to:
(a)
The minimum lot area required shall be 20,000 square feet.
(b)
Maintenance vehicles shall be stored within a completely enclosed
building.
(c)
Outdoor storage of materials or equipment, other than maintenance
vehicles, shall be permitted only if the storage area is completely
enclosed by a minimum six-foot fence with locking gate and is screened
by one-hundred-percent opaque screening material placed in the fencing
or by a six-foot-high dense, compact evergreen hedge.
(d)
Any area of the building which is used for business offices shall comply with the parking requirements of Article XVIII of this chapter for that use. Any area of the building which is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
(27)
Retirement community, subject to:
(a)
The minimum site required for a retirement community shall be
20 acres.
(b)
The site proposed for a retirement community, as defined herein,
shall have frontage on and direct vehicular access to a street classified
by this chapter as an arterial or collector street. Access to local
Township streets shall not be permitted, except that a secondary controlled
"emergency only" access may be provided from a local Township street,
if approved by the Township.
(c)
A retirement community may include one or more of the following
dwelling types:
(e)
In addition, a retirement community may include one or more
of the following supporting uses, subject to approval by the Township:
[1]
Postal station for use of the residents and staff
only;
[2]
Banking facility for use of the residents and staff
only;
[3]
Pharmacy and/or medical offices for use of the
residents only;
[4]
Personal services for the use of the residents
only, including beauty shop, barbershop, common laundry facilities,
dry cleaning valet;
[5]
Ice cream parlor and/or florist/gift shop for the
use of residents and their invited guests only;
[6]
Personal care boardinghome, provided the use meets all the conditional use criteria contained in § 280-102A(15);
[7]
Nursing home licensed by the commonwealth;
[8]
Elderly day-care center licensed by the commonwealth;
and
[9]
Taxi, van or similar transportation services for
the residents.
(f)
The maximum dwelling unit density permitted in a retirement
community shall be 12 dwelling units per acre.
(g)
No principal structure shall be less than 50 feet from any property
line adjoining property in an R-D, R-1 or R-2 District. Along all
other property lines, no principal structure shall be less than 20
feet from any property line of the development site.
(h)
Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining property in an R-D, R-1 or R-2 District.
(i)
There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boardinghome is proposed, parking shall be provided in accordance with the requirements of § 280-118 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.
(28)
Junkyard, subject to:
(a)
The minimum site required shall be 20 acres.
(b)
The premises shall be maintained so as to not constitute a nuisance
or menace to public health and safety.
(c)
No garbage, hazardous materials or hazardous waste as defined
by federal statute or other organic waste shall be stored on the premises.
(d)
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 280-144 of this chapter.
(e)
The manner of storage of junk or other materials or equipment
on the site shall facilitate access for firefighting, shall prevent
hazards from fire or explosion, and shall prevent the accumulation
of stagnant water.
(f)
The salvage yard operation shall comply with the performance standards of § 280-104 of this chapter.
(g)
No junk shall be stored or accumulated and no structure shall
be located within 100 feet of any dwelling or within 40 feet of any
property line or public street.
(h)
The premises shall be enclosed by a metal chain-link fence not less than eight feet in height, supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection A(28)(j), below.
(i)
The fence shall be supplemented with screening material which
creates a visual barrier that is at least eighty-percent opaque.
(j)
Buffer area "A," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.
(k)
The site shall be designed utilizing natural topography and/or
constructed earthen mounds so as to obstruct visibility from adjacent
public streets.
(l)
The operator shall obtain a license from the Township prior
to initiating operations, which shall be renewable annually upon payment
of the required license fee established from time to time by resolution
of the Board of Supervisors and subject to inspection by the Zoning
Officer to determine continuing compliance with these standards.
(29)
Service station, automobile, subject to:
(a)
All minor repair work, vehicle washing, waxing, detailing, lubrication
and installation of parts and accessories shall be performed within
an enclosed building.
(b)
All car washing areas shall discharge into public sanitary sewers.
(c)
All vehicle parts, dismantled vehicles and similar materials
shall be stored within an enclosed building or totally screened from
view by a solid or privacy fence.
(d)
All vehicles awaiting repair shall be stored on the lot in an
approved storage area and, in no case, shall said vehicles be stored
on or obstruct access to a public right-of-way.
(e)
Canopies over gasoline pumps shall be subject to the requirements of § 280-106C(8).
(f)
Gasoline pumps shall be located at least 30 feet from the edge
of the right-of-way of a public street.
(g)
All fuel, oil and similar substances shall be stored at least
25 feet from any property line.
(h)
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 280-144 of this chapter.
(30)
Large-scale retail establishment, subject to:
[Amended 5-12-2008 by Ord. No. 2008-4; 8-24-2015 by Ord. No. 2015-02; 11-9-2015 by Ord. No. 2015-03]
(a)
The minimum site area required for a large-scale retail establishment
with a building footprint of less than 100,000 square feet shall be
10 acres. The minimum site area required for a large-scale retail
establishment with a building footprint greater than 100,000 square
feet shall be required at a rate of an additional one acre for every
additional 10,000 square feet of building footprint.
(b)
The site shall have frontage on and direct vehicular access
to an arterial or collector street, as defined by this chapter.
(c)
Once the improvements are completed in an approved large-scale
retail establishment, lots within the approved and recorded large-scale
retail establishment may be sold and developed as independent entities
for any authorized use in the district.
(d)
Once a large-scale retail establishment is approved, subdivision
of the property within the structure of the building may utilize a
"zero" side yard to allow the division of the property along common
or adjacent walls within the building or buildings for the purpose
of leasing or transferring ownership of individual units within the
large-scale retail establishment.
(e)
Outparcels located on the same site as an approved large-scale
retail establishment may be subdivided without frontage on a public
street, provided the outparcel has access to the interior circulation
system on the site. All access to any such outparcels shall be from
the interior circulation system only.
(f)
Following conditional use approval of a large-scale retail establishment
site that proposes an outparcel or outparcels, the outparcel(s) may
be developed independently, subject to the provisions of this section
and land development plan approval as required by the Township Subdivision
and Land Development Ordinance.[2] The outparcel(s) shall be included in the initial calculations
for the traffic impact studies.
(g)
For large-scale retail establishments containing multiple uses, a master sign plan, as required by § 280-125C, as amended, shall be submitted with the application for conditional use.
(h)
Once a large-scale retail establishment is approved, subdivision
of the property within the structure of the building may utilize a
"0" side yard to allow the division of the property along common or
adjacent walls within the building or buildings for the purpose of
leasing or transferring ownership of individual units within the large-scale
retail establishment.
(i)
Outparcels located on the same site as an approved large-scale
retail establishment may be subdivided without frontage on a public
street, provided the outparcel has access to the interior circulation
system on the site. All access to any such outparcels shall be from
the interior circulation system only.
(j)
Following conditional use approval of a large-scale retail establishment site that proposes an outparcel or outparcels, the outparcel(s) may be developed independently, subject to the provisions of this chapter and land development plan approval as required by Chapter 242, Subdivision and Land Development. The outparcel(s) shall be included in the initial calculations for the traffic impact studies.
(k)
For large-scale commercial retail establishments containing multiple uses, a master sign plan, as required by § 280-125C, as amended, shall be submitted with the application for conditional use.
(l)
Only uses permitted by right or authorized as conditional uses
or uses by special exception in the district in which the large-scale
retail establishment is located shall be permitted in the large-scale
retail establishment.
(m)
Buffer area "A" shall be provided along all property lines which
adjoin the R-D, R-1, R-2 or R-3 District.
(n)
The site plan shall be designed to minimize points of access
to the public street. Shared driveways shall be utilized where feasible
and cross-easements shall be dedicated for common access, where necessary.
(o)
The site shall be planned as a unit, and uniform signage and
landscaping and common parking and loading areas shall be proposed
to promote efficiency and preserve a common design theme.
(p)
For large-scale retail establishments that contain retail uses,
shopping cart return stalls shall be provided in convenient locations
throughout the parking areas based on a ratio of one cart return station
for each 50 parking spaces.
(q)
For large-scale retail establishments, a lighting plan (photometric)
shall be submitted with the conditional use application that demonstrates
compliance with the following requirements:
[1]
Lighting plans with the following information shall
be submitted for review and approval by the Township Engineer:
[a]
They shall include a schematic layout of all proposed
exterior fixture locations, ISO footcandle data, and a plat demonstrating
intensities and uniformities, and manufacturer's description
of the equipment (catalog cuts), glare-control devices, lamps, mounting
heights and means, proposed hours of operation of the lighting, and
maintenance schedule. Illumination intensities shall be plotted on
a ten-foot-by-ten-foot grid.
[b]
The applicant shall submit a visual photometric
plan that demonstrates both light coverage and light spillage resulting
from the proposed lighting plan and the provision for adequate measures
to mitigate nuisance from light pollution and disabling glare, both
on the use of the development site and on adjacent properties.
[c]
The developer shall provide the Township with a
field-certified as-built plan for all exterior lighting.
(r)
As per the Municipalities Planning Code,[3] the Township may charge fees to cover any costs for professional
consultants, etc., to review the following design standards and/or
impact studies, which shall apply to all large-scale retail establishments:
[1]
Facades and exterior walls.
[a]
Intent. Facades shall be articulated to reduce
the massive scale and the uniform, impersonal appearances of large
retail buildings and provide visual interest that will be consistent
with the community's identity, character, and scale. The intent
is to encourage a more human scale that residents of Union Township
will be able to identify with their community. The resulting scale
will ensure a greater likelihood of reuse of structure by subsequent
tenants.
[b]
Standard. Developments with façade over
100 feet in linear length shall incorporate wall projections or recesses
a minimum of three-foot depth and a minimum of 20 contiguous feet
within each 100 feet of facade length and shall extend over 20% of
the facade. Developments shall use animating features such as arcades,
display windows, decorated facade windows, entry areas, or awnings
along at least 60% of the facade.
[2]
Smaller retail stores.
[a]
Intent. The presence of smaller retail stores gives
a center a "friendlier" appearance by creating variety, breaking up
large expanses, and expanding the range of the site's activities.
Windows and window displays of such stores should be used to contribute
to the visual interest of exterior facades. The standards presented
in this section are directed toward those situations where additional,
smaller stores, with separate, exterior customer entrances are located
in the principal buildings or development site.
[b]
Standard. Where principal buildings contain additional,
separately owned stores which occupy less than 25,000 square feet
of gross floor area, with separate, exterior customer entrances:
[i]
The street level facade of such stores shall be
transparent between the height of three feet and eight feet above
the walkway grade for no less than 60% of the horizontal length of
the building façade of such additional stores.
[ii]
Windows shall be recessed and should include visually
prominent sills, shutters, or other such forms for framing.
[3]
Detail features.
[a]
Intent. Buildings shall have architectural features
and patterns that provide visual interest at the scale of the pedestrian,
reduce massive aesthetic effect, and recognize local character. The
elements in the following standard should be integral parts of the
building fabric, and not superficially applied trim or graphics or
paint.
[b]
Standard. Building facades shall include a repeating
pattern that shall include no less than three of the elements listed
below. At least one of these elements shall repeat horizontally. All
elements shall repeat at intervals of no more than 30 feet, either
horizontally or vertically.
[4]
Roofs.
[a]
Intent. Variations in rooflines shall be used to
add interest to and reduce the massive scale of large buildings. Roof
features should compliment the character of adjoining neighborhoods.
[b]
Standard. Rooflines shall be varied with a change
in height every 100 linear feet in the building length. Parapets,
mansard roofs, gable roofs, hip roofs, or dormers shall be used to
conceal flat roofs and rooftop equipment from public view. Alternating
lengths and designs may be acceptable and can be addressed during
the preliminary development plan.
[5]
Materials and colors.
[a]
Intent. Exterior building materials and colors
comprise a significant part of the visual impact of a building. Therefore,
they should be aesthetically pleasing and compatible with materials
and colors used in adjoining neighborhoods.
[b]
Guideline.
[ii]
Facade colors shall be low reflectance, subtle,
neutral, or earth tone colors. The use of high-intensity colors, metallic
colors, black or fluorescent colors is prohibited.
[iii]
Building trim and accent areas may feature brighter
colors, including primary colors, but neon tubing shall not be an
acceptable feature for building trim or accent areas.
[6]
Entryways.
[a]
Intent. Entryway design elements and variations
shall give orientation and aesthetically pleasing character to the
building. The standards identify desirable entryway design features.
[b]
Standard. Each principal building on a site shall
have clearly defined, highly visible customer entrances featuring
no fewer than three of the following:
[i]
Canopies or porticos.
[ii]
Overhangs.
[iii]
Recesses/projections.
[iv]
Arcades.
[v]
Raised corniced parapets over the door.
[vi]
Peaked roof forms.
[vii]
Arches.
[viii]
Outdoor patios.
[ix]
Architectural details such as tile work and moldings
which are integrated into the building structure and design.
[x]
Integral planters or wing walls that incorporate
landscaped areas and/or places for sitting.
[7]
Site design and relationship to the surrounding
community.
[a]
Entrances.
[i]
Intent. Large retail buildings shall feature entrances.
Multiple building entrances reduce walking distances from cars, facilitate
pedestrian and bicycle access from public sidewalks, and provide convenience
where entrances offer access to individual stores, or identified departments
in a store. Multiple entrances also mitigate the effect of the unbroken
walls and neglected areas that often characterize building facades
that face bordering land uses.
[ii]
Standard. All sides of a principal building that
directly face an abutting public or private right-of-way shall feature
at least one entrance. Where a principal building directly faces more
than two abutting public or private rights-of-way, this requirement
shall apply only to two sides of the building, including the side
of the building facing the primary street, and another side of the
building facing a secondary street. The number of entrances for the
principal building shall be addressed at the preliminary development
plan stage. Where additional stores will be located in the principal
building, each such store shall have at least one exterior customer
entrance, which shall conform to the above requirements.
[b]
Parking lot orientation.
[i]
Intent. Parking areas shall provide safe, convenient,
and efficient access for vehicles and pedestrians. They should be
distributed around large buildings in order to shorten the distance
to other buildings and public sidewalks and to reduce the overall
scale of the paved surface. If buildings are located closer to streets,
the scale of the complex is reduced, pedestrian traffic is encouraged,
and architectural details take on added importance.
[ii]
Standard. No more than 60% of the off-street parking
area for the entire property shall be located between the front facade
within the front yard of the principal building(s) and the primary
abutting street unless the principal building(s) and/or parking lots
are screened from view by outlot development (such as restaurants)
and additional tree plantings and/or berms.
[c]
Back and sides.
[i]
Intent. The rear or sides of buildings often present
an unattractive view of blank walls, loading areas, storage areas,
HVAC units, garbage receptacles, and other such features. Architectural
and landscaping features shall mitigate these impacts. Any back or
side of a building visible from a public or private right-of-way shall
be built in accordance with the guidelines for entrances. The Board
may waive this requirement as part of the development plan.
[ii]
Standard. The minimum setback for any building
facade shall be in accordance with the zoning district requirements.
Where the facade faces adjacent residential uses, an earthen berm
shall be installed, no less than six feet in height, containing at
a minimum a double row of evergreen or deciduous trees planted at
intervals of 15 feet on center. Additional landscaping may be required
by the Township, upon recommendation by the Planning Commission, to
effectively buffer adjacent land use as deemed appropriate. All additional
landscape requirements of this chapter shall apply.
[d]
Outdoor storage, trash collection and loading areas.
[i]
Intent. Outdoor storage, trash collection and loading
areas exert visual and noise impacts on surrounding neighborhoods.
These areas, when visible from adjoining properties and/or public
streets, shall be screened, landscaped, recessed and/or enclosed.
While screens and recesses can effectively mitigate these impacts,
the selection of inappropriate screening materials can exacerbate
the problem. Appropriate locations for loading and outdoor storage
areas include areas between buildings, where more than one building
is located on a site and such buildings are not more than forty feet
apart, or on those sides of buildings that do not have customer entrances.
[ii]
Standard.
[A]
Areas for outdoor storage, truck parking, trash
collection or compaction, loading, or other such uses shall not be
visible from public or private rights-of-way.
[B]
No areas for outdoor storage, trash collection
or compaction, loading, or other such uses shall be located within
20 feet of any public street, public sidewalk, or internal pedestrianway.
[C]
Loading docks, truck parking, outdoor storage,
utility meters, HVAC equipment, trash dumpsters, trash compaction,
and other service functions shall be incorporated into the overall
design of the building and the landscaping so that the visual and
acoustic impacts of these functions are fully contained and out of
view from adjacent properties and public streets, and no attention
is attracted to the functions by the use of screening materials that
are different from or inferior to the principal materials of the building
and landscape.
[D]
Nonenclosed areas for the storage and sale of seasonal
inventory shall be permanently defined and screened with walls and/or
fences. Materials, colors, and designs of screening walls and/or fences
and the cover shall conform to those used as predominant materials
and colors of the building. If such areas are to be covered, then
the covering shall conform to those used as predominant materials
and colors on the buildings.
[E]
Temporary sales/displays, such as Christmas trees,
landscape materials, and fireworks, shall follow all outdoor requirements
for the district as described in this chapter. Location and time/duration
of such sales/displays shall be reviewed and approved by the Zoning
Officer or appointed designee.
[e]
Pedestrian and bicycle flows.
[i]
Intent. Pedestrian and bicycle accessibility opens
auto-oriented developments to the neighborhood, thereby reducing traffic
impacts and enabling the development to project a friendlier, more
inviting image. This section sets forth standards for public sidewalks
and internal pedestrian circulation systems that can provide user-friendly
pedestrian access as well as pedestrian and bicyclist safety, shelter,
and convenience within the center grounds.
[ii]
Standard.
[A]
Pedestrian sidewalks at least six feet in width
shall be provided along all sides of the lot that abut a public or
private right-of-way. The Township, upon recommendation from the Planning
Commission, may waive this requirement as part of the development
plan.
[B]
Continuous internal pedestrian walkways, no less
than five feet in width, shall be provided from the public sidewalk
or right-of-way to the principal customer entrance of all principal
buildings on the site. At a minimum, walkways shall connect focal
points of pedestrian activity such as, but not limited to, transit
stops, street crossings, and building and store entry points, and
shall feature adjoining landscaped areas that include trees, shrubs,
benches, flower beds, ground cover, or other such material for no
less than 50% of their length.
[C]
Pedestrian sidewalks, no less than five feet in
width, shall be provided along the full length of the building along
any facade featuring a customer entrance, and along any facade abutting
public parking areas. Such sidewalks shall be located at least six
feet from the facade of the building to provide planting beds for
foundation landscaping, except where features such as arcades or entryways
are part of the facade.
[D]
Internal pedestrian walkways provided in conformance
with Subsection A(30)(r)[7][e][ii][B] above shall provide weather
protection features such as awnings or arcades within 30 feet of all
customer entrances, constructed parallel to the facade of the building.
This is not intended to extend into the driving aisles or parking
areas.
[E]
All internal pedestrian walkways shall be distinguished
from driving surfaces through the use of durable, low-maintenance
surface materials such as pavers, bricks, or scored concrete to enhance
pedestrian safety and comfort, as well as the attractiveness of the
walkways. Signs shall be installed to designate pedestrian walkways.
[F]
The Township may also require the installation
of bicycle paths where available evidence indicates that such facilities
would contribute to public safety.
|
{1} Bicycle paths shall have a width of eight feet and shall
be located on a twenty-foot-wide right-of-way. The right-of-way shall
be for the purpose of ensuring the right of use of the bicycle path
by the general public and as an adequate area for maintenance.
|
|
{2} Bicycle paths shall be constructed in accordance with AASHTO
standards.
|
[f]
Central features and community spaces.
[i]
Intent. Buildings shall offer attractive and inviting
pedestrian-scale features, spaces and amenities. Entrances and parking
lots shall be configured to be functional and inviting, with walkways
conveniently tied to logical destinations. Bus stops and dropoff/pickup
points shall be considered as integral parts of the configuration.
Pedestrianways shall be anchored by special design features such as
towers, arcades, porticos, pedestrian light fixtures, bollards, planter
walls, and other architectural elements that define circulation ways
and outdoor spaces. The features and spaces shall enhance the building
and the center as integral parts of the community fabric.
[ii]
Standard. Each retail establishment subject to
these standards shall contribute to the establishment or enhancement
of community and public spaces by providing at least two of the following:
patio/seating area, pedestrian plaza with benches, transportation
center, window shopping walkways, outdoor play area, kiosk area, water
feature, clock tower, steeple, or other such deliberately shaped area
and/or a focal feature or amenity that, in the judgment of the Planning
Commission and Township, adequately enhances such community and public
spaces. Any such areas shall have direct access to the public sidewalk
network, and such features shall not be constructed of materials that
are inferior to the principal materials of the building and landscape.
Areas shall be provided or designed to accommodate public bus service
and the growing number of private bus services. Any public-transit-related
plans shall be submitted for review by the local transit provider(s)
for possible recommendations.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(31)
Slaughterhouse, subject to:
(a)
In the R-D District, the primary purpose of the slaughterhouse
shall be to slaughter and dress farm animals raised on site for sale.
(b)
Nonfarm animals killed in hunting season may be butchered at
the slaughterhouse.
(c)
In the H-I District, the slaughter and dressing of farm animals
raised off site shall be permitted.
(d)
In the H-I District, a perimeter setback of 200 feet shall be
provided along all property lines.
(32)
Supporting commercial uses in the A-P District, subject to:
(a)
The applicant shall demonstrate that the proposed use is related
to aviation or to the needs of persons utilizing the airport.
(b)
The proposed supporting commercial uses shall be limited to
no more than 25% of the total area devoted to airport use in the A-P
District.
(c)
Ingress, egress and traffic circulation for the supporting commercial
uses shall be carefully coordinated with the overall pattern of traffic
circulation for aviation uses to minimize congestion and potential
traffic hazards.
(33)
Temporary uses or structures, other than construction trailers,
subject to:
(a)
Temporary uses such as festivals, fairs or other similar activities
sponsored by a governmental, local nonprofit, community or charitable
organization shall be exempt from obtaining zoning approval from the
Zoning Hearing Board, provided the Zoning Officer determines compliance
with the standards of this section as a condition of issuing a certificate
of occupancy.
(b)
Sidewalk sales, carload sales and other special promotions conducted
on the site of an existing retail establishment with the permission
of the landowner for a period of not more than 72 consecutive hours
shall not be subject to the provisions of this section. Any such activity
which exceeds 72 consecutive hours in duration shall be subject to
approval under this section.
(d)
In the C-1, C-2 or C-3 District, preparation and/or serving
of food in an outdoor setting shall be permitted only if all of the
following requirements are met:
[1]
The preparation and serving of food which is part
of a special event that does not exceed 72 consecutive hours in duration
shall be exempt from the requirement to obtain approval of a use by
special exception under this section; however, an occupancy permit
shall be obtained from the Borough Zoning Officer subject to the applicant
demonstrating compliance with the standards and criteria of this subsection.
[2]
Evidence of an approved permit from the PA DEP
or its successor agency.
[3]
The preparation and serving of food shall not be
permitted on any vacant lot and shall only be permitted on the site
of an existing business.
[4]
The area used for preparing and serving the food
shall not obstruct any sidewalk or public right-of-way nor shall it
obstruct the free flow of pedestrian or vehicular traffic on the site
or adjoining the site. On any sidewalk there shall be maintained a
minimum of five feet of unobstructed width for the passage of pedestrians
and, in the case where there is parallel parking permitted along such
sidewalk, a minimum of four feet adjacent to the curb to permit the
discharging of passengers shall be provided. These required unobstructed
areas on the sidewalk may be combined into one area at least five
feet wide along the curb.
[5]
No noise or odor shall emanate from such outdoor
area where food is prepared and/or served which adversely affects
any adjoining residentially zoned property within 300 feet of the
outdoor area.
[6]
The area used for preparing and serving food shall
not eliminate the availability of any existing parking spaces on the
site.
[8]
The site intended to be used for the preparation
and/or serving of food shall provide rest room facilities available
to the public, unless the existing business on the site has rest room
facilities which will be available to the public visiting the temporary
use.
[9]
The owner of the existing business or the operator
of the temporary use involving the preparation and/or serving of food
in an outdoor setting shall provide the Township with a certificate
of insurance, in an amount at least equal to $2,000,000 per occurrence
and $3,000,000 aggregate, indemnifying the Township against any liability
resulting from such use.
(e)
Approval of temporary uses or structures shall be granted for
a specific time period not to exceed six months. If continued need
for the temporary use or structure on an annual basis is demonstrated
by the applicant, approval may be granted for annual renewal by the
Zoning Officer of the permit for the temporary use or structure, provided
all conditions of the original approval are maintained.
(f)
All temporary uses or structures shall be removed within 10
days of the expiration of the specific period for which the structure
or use is approved.
(g)
All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 280-118 for the proposed use.
(h)
Vehicular access for all temporary uses or structures which
are proposed to be accessible to the public shall be designed to minimize
congestion on the lot and not impede the free flow of traffic for
any other permanent use or structure on the lot.
(i)
All temporary uses or structures proposed to be used as principal
uses or structures shall comply with all area and bulk regulations
of the zoning district in which they are located. All temporary uses
or structures which are proposed to be used as accessory uses or structures
shall comply with the requirements of the zoning district for accessory
structures.
(j)
Temporary uses or structures which are authorized for a particular
event shall be removed within 48 hours after the completion of the
event.
(k)
Temporary uses or structures which are proposed as principal
uses or structures and which are accessible to the public shall provide
sanitary facilities, unless such facilities already exist on the lot.
(34)
Truck and heavy equipment rental, sales and service, subject
to:
(a)
The minimum site required shall be one acre.
(b)
The site shall have frontage on and direct vehicular access
to an arterial or collector street, as defined by this chapter.
(c)
No vehicle or other merchandise displayed outdoors shall be
less than five feet from any property line. No vehicle or equipment
shall be parked on adjacent property or in any public street right-of-way.
(d)
No vehicle shall be displayed or offered for sale which does
not have all of the mechanical and body components necessary for its
safe and lawful operation.
(35)
Vehicle rental, sales and service, subject to:
(a)
New and used vehicle sales and service establishments shall
be limited to those establishments which are factory authorized dealerships
or which have obtained a license from the Commonwealth of Pennsylvania
to operate a used car dealership.
(b)
The minimum lot area required shall be one acre.
(c)
The property shall have frontage on and direct vehicular access
to an arterial or collector street.
(d)
The area used for display of merchandise offered for sale and
the area used for parking of customer and employee vehicles shall
be continuously paved and maintained in either concrete over a base
of crushed stone compacted to not less than six inches in depth or
other surfacing of equivalent or superior character as approved by
the Township Engineer.
(e)
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 280-144 of this chapter.
(f)
All lots used for the outdoor display of vehicles shall have
a completely enclosed building on the same lot which has not less
than 2,000 square feet of gross floor area where all repair, servicing,
sales and customer car washing shall be performed.
(g)
Customer car washing areas shall discharge into public sanitary
sewers.
(h)
No vehicle or other merchandise displayed outdoors shall be
less than five feet from any property line. No vehicle shall be parked
on adjacent property or in any public street right-of-way.
(i)
No vehicle shall be displayed or offered for sale which does
not have a current registration and inspection sticker and all of
the mechanical and body components necessary for the safe and lawful
operation thereof on the streets and highways of the Commonwealth
of Pennsylvania.
(j)
All lights and light poles shall be located at least 10 feet
from any street right-of-way or property line, and all lighting shall
be shielded and reflected away from adjacent streets and properties.
(k)
No oscillating or flashing lights shall be permitted on the
lot, on any of the structures or poles on the lot, or on any merchandise
displayed outdoors.
(l)
All required off-street parking spaces shall be reserved exclusively
for the parking of customer and employee vehicles and shall not be
used for the display of merchandise.
(m)
Customer vehicles with external damage awaiting repairs shall
be located either inside a building or in an outdoor area which is
screened by a six-foot-high dense, compact evergreen hedge or opaque
fence.
(36)
Vehicle repair garage, subject to:
(a)
Such use shall not be located within 100 feet of any property
line adjoining residential use or zoning classification.
(b)
Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.
(c)
Storage of parts, dismantled vehicles and vehicles awaiting
repair shall be kept in an enclosed building or in an outdoor area
which is screened by a six-foot-high dense, compact evergreen hedge
or opaque fence.
(d)
There shall be no more than four vehicles displayed for sale
on the premises at any one time.
(f)
All towed vehicles shall be stored on the premises, and no vehicle
shall be stored or dismantled on any public street.
(g)
The premises shall be kept clean and shall be maintained so
as to not constitute a nuisance or menace to public health or safety.
(h)
Storage, handling and disposal of hazardous materials, as defined
by federal or state statute, shall comply with the current requirements
of the Pennsylvania Department of Environmental Protection (PA DEP)
and the United States Environmental Protection Agency (EPA).
(37)
Private-use helipad, subject to:
(a)
A private-use helipad shall be located at least 500 feet from
any property line or public street.
(b)
Evidence of compliance with all applicable regulations of the
Federal Aviation Administration (FAA) and the Pennsylvania Department
of Transportation, Bureau of Aviation shall be submitted.
(c)
The helicopter landing pad shall be clearly marked with the
insignia commonly recognized to indicate a private-use helipad.
(d)
The use of the helipad shall be limited to helicopters owned
by the landowner.
(e)
Maintenance of the helicopter, other than emergency maintenance,
and permanent storage of the helicopter shall not be permitted on
the private-use helipad.
(f)
Storage of fuel at the private-use helipad shall not be permitted.
(g)
Clear areas for emergency landings of the helicopter in the
event of mechanical failure on approach or departure shall be provided.
These emergency landing areas shall be located within the normal glide
range of the helicopter with one engine off when operating in the
approved takeoff or landing lane from the private-use helipad.
(38)
Private garages and storage structures exceeding 800 square
feet of gross floor area, subject to:
(a)
Accessory storage structures and private garages in excess of
800 square feet shall comply with the front, rear and side yard requirements
for principal structures in the zoning district. All other applicable
requirements for accessory structures in the zoning district shall
apply.
(b)
All principal and accessory structures on the lot shall comply
with the maximum permitted lot coverage.
(c)
The use of the accessory storage building or private garage
shall be limited to storage of personal and household property and/or
personal or business vehicles of the owner or lessee of the lot.
(d)
No portion of the accessory storage structure or private garage
shall be leased, nor shall any person not resident on the lot utilize
the storage structure or private garage.
(e)
The accessory storage structure or private garage shall not
be used for the conduct of a business or for any temporary or permanent
dwelling purposes.
(39)
Home occupations, subject to:
(a)
The home occupation shall be carried on by a member of the family
residing in the dwelling unit. No one who is not a resident of the
dwelling unit shall be employed in the dwelling unit.
(b)
In the R-1, R-2 and R-3 Districts, the home occupation shall
be carried on wholly within the principal dwelling. The home occupation
shall not be conducted in any accessory structure. In the R-D District,
the home occupation may be carried on in an accessory structure.
(c)
No more than 25% of the gross floor area of a single floor in
the principal dwelling shall be devoted to the conduct of the home
occupation. Where the floor area of one or more of the several floors
of the dwelling differs, the area of the smallest floor shall be used
to calculate the 25%.
(d)
There shall be no on-site production of articles for sale in
the home occupation, other than customary handicrafts made by the
resident, which may be produced for sale off the premises. Such articles
shall not be displayed in quantity for sale on the premises, except
that samples may be kept for the purpose of accepting orders.
(e)
There shall be no display on the premises of merchandise available
for sale which has been produced off the premises; however, merchandise
may be stored on the premises for delivery off the premises, such
as Amway, Tupperware or similar products stored for distribution to
customers or salespersons at their residence or place of business.
(f)
There shall be no exterior displays or signs, either on or off
the premises, other than a small identification sign no more than
two square feet in surface area containing only the name of the resident
and the nature of the home occupation, which may be attached to the
wall of the dwelling or to the mailbox.
(g)
The use shall not require internal or external alterations or
construction features which are not customary to a dwelling or which
change the fire rating of the structure.
(h)
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 280-104 of this chapter.
(i)
The use shall not significantly intensify vehicular or pedestrian
traffic beyond that which is normal for the residences in the neighborhood.
(j)
There shall be no use of materials or equipment except that
of similar power and type normally used in a residential dwelling
for domestic or household purposes.
(k)
The use shall not cause an increase in the use of water, sewage,
electricity, garbage, public safety or any other municipal services
beyond that which is normal for the residences in the neighborhood.
(l)
In the R-1, R-2 and R-3 Districts, the home occupation shall
not involve the use of commercial vehicles for regular delivery of
materials to or from the premises, and commercial vehicles shall not
be parked on the premises.
(m)
There shall be no storage of materials or equipment used in
the home occupation outside a completely enclosed building.
(n)
Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article XVIII for the specific use in addition to the spaces required for the dwelling.
(o)
The following uses shall not be considered home occupations
and shall be restricted to the zoning districts in which they are
specifically authorized as permitted uses, conditional uses or uses
by special exception:
[1]
Beauty shops or barbershops containing more than
two chairs;
[2]
Blacksmith or metal working;
[3]
Boarding stables;
[4]
Clinics, hospitals or nursing homes;
[5]
Funeral homes;
[6]
Group care facility, personal care boardinghome
or transitional dwelling;
[7]
Kennels, veterinary offices and clinics;
[8]
Private clubs;
[9]
Private instruction to more than five students
at a time;
[10]
Restaurants or tea rooms;
[11]
Retail or wholesale sales; flea markets;
[12]
Tanning or massage salon;
[13]
Tourist or boardinghome, other than bed-and-breakfast;
[14]
Vehicle or equipment rental, repair or sales in
the R-1, R-2 and R-3 Districts; and
[15]
Vehicle repair garages in the R-1, R-2 and R-3
Districts.
(p)
The following are examples of permitted home occupations, provided
all of the foregoing criteria are met:
[1]
Artist, photographer or handicrafts studio;
[2]
Catering off the premises;
[3]
Contracting business;
[4]
Computer programmer, data processor, writer;
[5]
Consultant, clergy, counselor, bookkeeping, graphics
or drafting services;
[6]
Dressmaker, tailor;
[7]
Professional offices which involve routine visitation
by customers or clients;
[8]
Housekeeping or custodial services;
[9]
Interior designer;
[10]
Jewelry and/or watch repair, not including wholesale
or retail sales;
[11]
Lawnmower and small engine repair, in the R-D
District only;
[12]
Locksmith;
[13]
Mail order business;
[14]
Manufacturer's representative;
[15]
Repair of small household appliances that can
be hand carried, in the R-D District only;
[16]
Telemarketing;
[17]
Travel agent;
[18]
Tutoring or any other instruction to no more than
five students at any one time; and
[19]
Word processing, typing, secretarial services.
(q)
The acceptability of a home occupation not specifically listed in § 280-102A(39)(p) shall be determined by the Board of Supervisors, in accordance with the express standards and criteria specified in Subsection A(39)(a) through (o) above. Any person aggrieved by the decision of the Board of Supervisors may appeal that decision to the Township Zoning Hearing Board within 30 days of the date of the decision of the Board of Supervisors approving or denying the conditional use application for the home occupation.
(40)
Oil and gas activity. Oil and gas drilling sites, natural gas
compressor stations and natural gas processing plants shall be evaluated
as a conditional use, subject to the following express standards and
criteria:
[Added 7-26-2010 by Ord. No. 2010-3]
(a)
A conditional use application shall be accompanied with written
permission from the property owner(s) who has legal or equitable title
in and to the surface of the drill site.
(b)
The oil and gas drill sites shall only be permitted to occur
on property in all zoning configurations and with a minimum of 10
contiguous acres or larger. Multiple property owners can combine adjoining
parcels to achieve the minimum 10 acres required.
(c)
Prior to beginning any work on a drill site (excluding staking,
surveying and matters related thereto), the applicant shall submit
to the Township a copy of all permits (general, ESCGP-1) issued by
the Pennsylvania Department of Environmental Protection (PA DEP).
In addition, the Township shall be provided copies of all plans (erosion
and sedimentation control, grading, etc.) required by PA DEP. All
required permits shall be maintained throughout the duration of the
drilling operation. Any suspension or revocation of permits by PA
DEP shall be reported to the Township and shall constitute a violation
of Township zoning approval and may result in the suspension or revocation
of zoning approval.
(d)
Access directly to state roads shall require Pennsylvania Department
of Transportation (PennDOT) highway occupancy permit approval. Prior
to initiating any work at a drill site, the Township shall be provided
a copy of the highway occupancy permit.
(e)
The applicant must provide the Township with a plan showing
the proposed truck routes to be utilized during the drilling operation.
The proposed hauling routes must be designed to minimize the impact
on collector, connector and local streets within the Township. The
Township reserves the right to designate required truck hauling routes
throughout the Township.
(f)
The applicant or owner of the oil or gas well and any or all
subcontractors shall execute an access maintenance agreement with
the Township for a permit and post a bond at the paved highway rate
in favor of the Township in a form acceptable to the Township prior
to beginning any work on a drill site. The bond is to guarantee restoration
of Township roads damaged as a result of hauling associated with the
drilling operation.
(g)
Use of Township roads for hauling equipment and material shall
not be permitted when roads are being used to transport students to
and from school. The operators shall coordinate their efforts with
the local school district and any private schools.
(h)
In accordance with the appropriate Township ordinance, as amended,
driveways accessing the drill site shall be paved with an impervious
material from the paved public street for a distance of 50 feet into
the drill site. The impervious material shall be in place prior to
the commencement of the drilling operation.
(i)
The applicable volunteer fire departments, the Township EMS
coordinator, the County EMS coordinator and the County 911 office
and the ambulance service provider shall be provided a list of all
chemicals or waste products used or produced by the oil or gas drilling
operation.
(j)
The Township shall be provided the name of the person supervising
the drilling operation and a phone number where such person can be
reached 24 hours a day for each day of the week.
(k)
The access driveway off the public road to the drill site shall
be gated at the entrance to prevent illegal access into the drill
site. The drill site assigned address shall be clearly visible on
the access gate for emergency 911 purposes. In addition, the sign
shall include the well name and number, name of the operator and the
telephone number for a person responsible who may be contacted in
case of emergency. The location of said gate shall be to the satisfaction
of the Township.
(l)
Lighting. No drill site lighting used for the drilling operation
shall be positioned or directed in such a manner so that it shines
directly upon public roads, adjacent property or property in the general
vicinity of the drill site. Site lighting shall be directed downward
and shielded so as to avoid glare on public roads and adjacent properties.
(m)
Dust, vibration, odors. All drilling operations shall be conducted
in such a manner to minimize dust, vibration or noxious odors and
shall be in accordance with the best accepted practices and to the
Township's complete satisfaction. All equipment used shall be constructed
and operated so that vibrations, dust, odor or other harmful effects
are minimized by the operations carried on at the drill site to avoid
injury to persons living in the vicinity.
(n)
Noise. The Township may require acoustical blankets, sound walls,
mufflers or other alternative methods to ensure compliance, depending
on the location of a proposed drill site to adjacent residential properties
and as more specifically set forth in this chapter.
(o)
All drill site pads, off-site fracture ponds, natural gas compressor
station and natural gas processing plant shall be secured with a temporary
fence with a secured gate, as follows:
(p)
At the time of conditional use application, a survey of the
drill site with all permanent facilities (tanks or other surface installations)
with locations and distances to property lines shall be filed with
the application.
(q)
All permanent facilities shall be painted an earth-tone color
to blend in with the surrounding area. The Township may require fencing
and/or landscaping to buffer the facilities from adjacent properties
in accordance with this chapter, as amended.
(r)
After the drilling operation is complete, the drill operator
shall clean the site, complete all restoration activities and repair
any damage to public property caused by such operations within 60
days. Operator shall maintain a six-foot chain-link fence around the
established wellhead site.
(s)
After any spill, leak or malfunction, the operator shall remove
or cause to be removed to the satisfaction of the applicable volunteer
fire department chief, Township EMS coordinator, County EMS coordinator,
County 911 office and the PA DEP inspectors all waste materials from
any public or private property affected by such spill, leak or malfunction.
Cleanup operations must begin immediately upon knowledge that a spill,
leak or malfunction occurs.
(t)
The public street entrance and the property on which a drill
site is located shall at all times be kept free of mud, debris, trash
or other waste materials.
(u)
The facility and/or its operation shall comply with all applicable
permits and requirements of the Pennsylvania Department of Environmental
Protection, the United States Environmental Protection Agency, and
any other governmental authority having jurisdiction over its operations
and with all federal, state and local laws, ordinance and regulations
promulgated to protect the environment or otherwise relating to environmental
matters.
(v)
Union Township reserves the right to impose any other additional
conditions necessary to protect the public health, safety and welfare
of its residents in order to address any unique characteristics of
a particular drilling site.
(w)
All applicants for a conditional use shall reimburse Union Township
all professional consultant fees, advertising and cost of public hearings
incurred by the Township related to application for activities authorized
by this chapter. Additionally, all applicants shall reimburse the
Township for consulting fees and cost incurred in enforcing this chapter
upon a finding of violation by a Magisterial District Judge.
(x)
All applicants submitting a conditional use request, per production operation, for activities authorized by this chapter, shall do so on an application form provided by Union Township and shall submit an application fee in an amount as set from time to time by resolution of the Board of Supervisors, which fee shall be applied to the costs referenced in this chapter, as amended. All applicants will be invoiced on a monthly basis for the costs referenced in Subsection A(40)(w) herein, and such costs will be due within 30 days of mailing. This fee may be amended by resolution. Any costs that exceed said fee shall be the responsibility of the applicant.[7]
(y)
A preparedness, prevention and contingency plan, as required
by and filed with the Pennsylvania Department of Environmental Protection,
shall be submitted to the Township, volunteer fire department, Township
EMS coordinator and County EMS coordinator.
(z)
The applicant agrees to provide an emergency response plan for
local fire departments, Township EMS coordinator and County EMS coordinator,
as follows: During the well drilling activities, the fire department
or departments will be directed by the well company's competent
person on the scene on how to handle the situation at hand. After
well drilling activities are completed, when no competent person is
on site, evacuate and isolate the area 350 feet around the affected
site and contact the Department of Environmental Protection emergency
response number, (800) 541-2050. If there is a life-or-death situation
after well drilling activities are completed and someone is in the
immediate danger zone, the officers of the fire department shall use
their best judgment to make sure there are no dangers such as fire,
electrocution, high-pressure release, etc. Best judgment is to be
used while maintaining a perimeter and waiting for well company personnel
to arrive or advise.
(aa)
Applicants must file a conditional use application and pay the
required application fees. The application must contain the following
information:
[1]
Survey of the drilling unit and the approximate
location of the proposed well site or well sites.
[2]
A calendar concerning well site development and
drilling activities that indicates the following:
[a]
Site preparation beginnings and endings.
[b]
Anticipated drilling activity beginnings and endings.
[c]
Anticipated completion (perforating) work to begin
and end.
[d]
Anticipated stimulation (fracturing) work to begin
and end.
[e]
Anticipated production work to begin and end.
[f]
Anticipated plugging date.
[3]
A list and description of all equipment weighing
in excess of 10 tons and identification of the proposed routing of
vehicles on Township roads.
[4]
A copy of applicant's preparedness, prevention
and contingency (PPC) plan.
[5]
Outline of training program for Township's
first responders.
[6]
Information on lighting at the drill site and wellhead
or any other area being developed.
[7]
Information on anticipated noise levels at drill
site.
[8]
A map showing the planned access route to the well
site from public roads.
[9]
A description of the size and composition of the
access road to be installed to the drill site.
[10]
Applicant's erosion and sedimentation control
plan.
[11]
A well survey plat showing the planned surface
location of the wells, and a list of the property owners in the well
unit, and acreage participation by each landowner.
[12]
Copy of drilling permit issued by the Pennsylvania
Department of Environmental Protection (DEP).
[13]
Grading and excavation plan for drill site.
[14]
Information concerning construction trailers to
be located on the site.
[15]
Compressor station — building plans.
[16]
Copy of applicable stormwater permit issued by
any and all appropriate state, local and Township agencies.
(bb)
Township recognizes and acknowledges that oil and gas development
is accompanied by inherent noise. However, the operator shall take
the appropriate steps to minimize, to the extent practicable, the
noise resulting from the development:
[1]
Prior to development of a well, the operator shall
establish a continuous seventy-two-hour ambient noise level at the
nearest protected structure property line or 100 feet from the nearest
protected structure (as measured to the closest exterior point of
the building), whichever is closer to the protected structure. The
test for ambient noise level shall be conducted at intervals of three
hours or less during the seventy-two-hour period set forth herein.
The sound level meter used in conducting this evaluation shall meet
the American National Standard Institute's standard for sound
meters or an instrument and associated recording and analyzing equipment
which will provide equivalent data.
[2]
The operator shall maintain documentation of this
seventy-two-hour evaluation at its offices. This documentation shall
be made available to the Township's Zoning Officer within three
business days upon request.
[3]
The noise generated during development, when measured
at the nearest protected structure property line or 100 feet from
the nearest protected structure (as measured to the closest exterior
point of the building), whichever is closer to the protected structure,
shall not exceed the average ambient noise level (as determined by
the seventy-two-hour evaluation):
[4]
Adjustments to the forgoing noise limits may be
permitted in accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
| |
|---|---|---|
|
5
|
15
| |
|
10
|
5
| |
|
15
|
1
| |
|
20
|
1
|
|
NOTE:
| ||
|---|---|---|
|
*
|
Cumulative minutes during one hour.
| |
[5]
If a complaint is received by the Township from
any person, whether a resident or otherwise, using the protected structure
for any lawful purpose within 1,000 feet from the wellhead or equipment
generating noise, the operator shall, within 24 hours of receipt of
the complaint from the Township, continuously monitor for a forty-eight-hour
period which is the closer to the complainant's building of:
[6]
All workover operations shall be restricted to
the hours of 7:00 a.m. to 8:00 p.m., except during emergencies, as
reasonably determined by the operator. "Workover operations" shall
mean work performed in a well after its completion in an effort to
secure production where there has been none, restore production that
has ceased, or increase production.
[7]
The Township reserves the right to add specific
conditions for those circumstances involving noise for natural gas
compressor stations, natural gas facilities, natural gas processing
plants, and other facilities related to the production, development,
etc., of natural gas and its constituents.
(cc)
Any change in traffic flow and/or direction on Township roads
caused, created or the result thereof by any activity involving matters
set forth herein shall be coordinated with and agreed to by the Township.
Any cost incurred by the Township for traffic control for matters
set forth herein shall be the responsibility of the applicant and/or
operator.
(dd)
The applicant and/or operator shall not be permitted to use
the Township stormwater facilities unless a written application is
made to the Township and the Township consents to the same in writing.
(ee)
The applicant and/or operator shall provide the Township with
a copy of the material safety data sheets, as required by the Pennsylvania
Worker and Community Right-to-Know Act of 1984.
(ff)
The applicant and/or operator shall provide the Township with
information as to the names, addresses of every contractor and subcontractor
and their respective employees that are to work at the proposed site.
(gg)
The applicant and/or operator agrees to submit any and all forms
in order to assist the Township in the collection of earned income
tax, local services tax and other applicable taxes from any and all
contractors, subcontractors and their respective employees.
