Township of West Deer, PA Article XXIII Conditional Use

§ 210-117 Powers and duties.

A. The Board of Supervisors shall hear and decide upon requests for conditional uses which are permitted by this Chapter, after review and recommendation of the Planning Commission and consistent with the MPC § 603(c)(2), that the Board of Supervisors may attach such reasonable conditions and safeguards, other than those related to offsite transportation or road improvements, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the MPC and this Chapter. A conditional use shall be granted approval, predicated upon the submission of a written application demonstrating that the development:

(1) Will not endanger the public health, safety, morals and general welfare if located where proposed, and that the use will not deteriorate the environment and will meet all performance standards of § 210-110.

(2) Meets all other requirements of this Chapter in the zoning district where the use is proposed.

(3) Is in general conformity with the Township's Comprehensive Plan.

(4) Is an appropriate use on the proposed site.

B. An illustrative site plan which will show, to scale:

(1) The entire property to be developed.

(2) The location, height and use of all structures.

(3) Topographical and natural features on the property.

§ 210-118 Procedures.

A. The landowner shall file with the Township Secretary an application for the granting of a conditional use along with all required background information identified as part of the conditional use application to explain the development proposed and its compliance with the standards and criteria of this Chapter. Said request shall be accompanied by a fee specified by the Board of Supervisors and shall be filed in triplicate.

B. The Board of Supervisors shall transmit one copy of the request as well as all documentation to the Township Planning Commission for recommendations at least 30 days prior to the scheduled public hearing.

C. The Board of Supervisors shall schedule a hearing with public notice within 60 days of said request.

D. The Board shall render a decision and inform the applicant of said decision within 30 days of the hearing date, unless upon mutual consent of the Board and applicant it is agreed to continue the proceedings. If the Board of Supervisors fails to render a decision within 45 days of the last hearing before the Board of Supervisors or fails to commence, conduct or complete the hearing as provided in § 908(1.2) of the MPC, the decision shall be deemed to have been rendered in favor of the applicant. The Board of Supervisors functions shall comply with the MPC § 913.2.

§ 210-119 Permit expiration.

A. Once a conditional use has received approval, the applicant shall apply for a building permit and/or occupancy permit within 12 months from the date of approval, or the conditional use approval shall become null and void.

B. The Board of Supervisors may, upon written request being filed by the applicant at least 30 days prior to the expiration, grant an extension of time, not to exceed 12 months. Upon granting any extension of time, the Board shall ensure that the conditional use permit complies with all current ordinances and codes.

§ 210-120 Conditional use standards and criteria.

A. Each conditional use identified in Articles VII through XVII shall address the following applicable standards and criteria as identified. Additional conditions may be placed upon the applicant by the Board of Supervisors as deemed necessary to provide for the health, safety, morals and general welfare of the community.

(1) Adult-oriented establishment.

(a) See Township Code of Ordinances, Chapter 65.

(2) Airport.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

[1] Minimum lot size shall be 50 acres.

[2] The airport may include accessory uses such as hangars, fuel storage and restaurant.

[3] All new structures shall be separated by a minimum of 100 feet.

[4] The perimeter of the property shall be fenced unless otherwise determined by the Board of Supervisors.

[5] The control tower or communication tower may be permitted to a maximum height of 100 feet unless otherwise approved by the Federal Aviation Administration.

(b) All site plans, operation plans and other required plans shall be approved by the Federal Aviation Administration (FAA), state and county agencies prior to action by the Township.

(c) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(3) Apartment.

(a) Where a landowner and/or developer proposes a mix of apartments and commercial uses, known as a mixed-use development, which contains 20 or more apartments, the minimum parking requirements as defined by this Chapter shall be reduced by 25%. A mixed-use development shall be considered a use that integrates commercial and residential uses within a single building or land development plan.

(b) Parking spaces shall be located no more than 300 feet from the apartment's primary entrance.

(c) All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone paving material to minimize dust.

(d) If the parking area for an apartment development is adjacent to an existing residential lot, any parking areas that demand greater than 30 automobiles, the following shall apply:

[1] An additional ten-foot setback shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.

[2] A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped with plants that provide four seasons of buffer not including turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent properties.

(e) All dumpsters and/or waste collection areas shall be located a maximum of 200 feet from the further most residential unit and shall be screened. Screening shall be a minimum of eight feet in height with a minimum opacity of 80%.

(f) The primary vehicular entrance to the apartments shall face the public right-of-way.

(g) No apartment building shall be located within the flight path of a runaway facility of an airport.

(h) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are limited to, increased setbacks.

(4) Automobile sales/service.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) All automobile sales/services shall be located adjacent to an arterial road as identified by the Township.

(c) Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.

(d) All outdoor areas adjacent to a residence shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.

(e) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(5) Automobile rental.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) All automobile rental establishments shall be located adjacent to an arterial road as identified by the Township.

(c) All automobile rental establishments shall have a maximum lot area of one acre.

(d) Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.

(e) All outdoor areas adjacent to a residence shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.

(f) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(6) Bed and breakfast.

(a) All service areas shall be located to the rear of the lot and properly screened as per § 210-110A of this Chapter.

(b) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(7) Billboards.

(a) A billboard shall be considered a structure.

(b) A billboard shall not be erected within 1,500 feet of the line of any public or parochial school property. Required spacing shall be measured from a point perpendicular to the structure along the front lot line parallel to the centerline of the roadway to which the billboard is oriented.

(c) On interstate and limited access highways, a billboard shall not be erected within 500 feet of an interchange or safety rest area measured along the interstate or limited access highway from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.

(d) The minimum front, side and rear yard requirements applying to a principal use as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure.

(e) No billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign or residential or nonresidential structure.

(f) No billboard shall be constructed that obstructs visibility within the clear sight triangle to a height of 25 feet from the average ground elevation of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety. Average ground elevation shall be measured as the median between the high point and low point found within the clear sight triangle area.

(g) Billboards shall maintain a lateral minimum spacing of 1,500 feet between billboard structures. Required spacing shall be measured from a point perpendicular to the centermost point of the billboard structure along the front lot line parallel to the center line of the roadway to which the billboard is oriented. The applicant shall document this spacing of any existing adjacent billboards.

(h) Billboards may not be mounted on the roof or project above the parapet of a building wall.

(i) A detailed plan shall be submitted which indicates billboard size, number of faces, landscaping, construction types and site plan illustrating compliance with applicable setbacks and right-of-way locations.

(j) The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 60 miles per hour wind load.

(k) Size and shape.

[1] Billboard signs shall not exceed 64 square feet on any one parcel, the parcel must be a separate, subdivided tract or lot and far enough away from adjacent properties so as to not effect or damage adjacent properties in case of collapse. All billboards must be submitted along with a land development plan to the Planning Commission for review and consideration. Final approval is required by the Board of Supervisors.

[2] The billboard structure may have sign faces placed back to back or in a V-shaped configuration on a single billboard structure.

[3] A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.

(l) Landscaping requirements.

[1] If the billboard foundation is visible from the right-of-way, the entire base of the billboard structure shall be permanently landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.

[2] Grass, sod or turf shall not be considered an acceptable plant for use within landscaped buffer yards.

[3] Landscaping shall be maintained by the billboard sign owner in an attractive and healthy manner in accordance with accepted conservation practices.

[4] Permanent landscaping shall form a base and/or backdrop to the billboard sign when practical in the opinion of the Zoning Officer.

[5] All grading shall be in accordance with West Deer Township and Commonwealth of Pennsylvania regulations.

[6] No bare earth cuts are permitted on a hillside.

[7] All earth cuts or fills are to be permanently seeded or planted to prevent erosion.

(m) Lighting.

[1] A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum of 0.0 footcandle upon an adjoining lot.

[2] No billboard shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties because of movement, flashing or emitting noise. All display lighting shall be designed in accordance with PennDOT regulations.

[3] The use of colored lighting for exterior spot lighting or uplighting is not permitted.

(n) Maintenance.

[1] A billboard structure shall be entirely painted every three years.

[2] Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by an engineer or an architect and shall provide to West Deer Township a certificate from an engineer or architect attesting that the billboard is structurally sound.

[3] Annual inspections of the billboard may be conducted by West Deer Township to determine compliance with the provisions of this Chapter.

[4] Billboards found to be in violation of this Chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by West Deer Township. Failure to comply shall be a violation of this Chapter.

[5] Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure.

(o) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(8) Business and technology park (BTP).

(a) The minimum tract size, under single ownership, shall be 100 acres. Expansion of an approved BTP shall not be limited to a minimum lot size.

(b) A developer's agreement shall be provided for the initial development of a BTP and any expansion of the BTP shall be consistent with the initial agreement.

(c) The following yard and area standards for individual lots within the BTP shall be as measured from the wall of the building or the end of the loading dock, whichever is closer to the property line:

[1] Minimum lot size: 1 1/2 acres.

[2] Minimum lot width: 150 feet.

[3] Minimum front yard setback: 50 feet.

[4] Minimum side yard setback:

[a] Adjoining residential use or zone district: 50 feet.

[b] Adjoining nonresidential use or zone district: 20 feet.

[c] Street side on corner lot: 50 feet.

[5] Minimum rear yard setback: 50 feet.

(d) Building height shall be regulated as follows:

[1] No structure shall exceed five stories above ground, or 72 feet in height, whichever is less. Height shall be measured from the average ground finished elevation to top of parapet, except that all structures on top of the roof, including cooling and water towers or stacks in connection with heating or ventilation, elevator equipment or satellite dishes situate on the roof, shall not be factored into the measurement.

[2] For any structures which exceeds 2 1/2 stories above ground, or 35 feet in height, and adjoins a residential use or zone district, shall be set back 100 feet.

(e) Impervious surface ratio. The maximum impervious surface coverage of the buildable area of a lot shall be 80%. Impervious surfaces shall include all principal and accessory structures and paved areas.

(f) The maximum coverage of a lot by all principal an accessory structures shall be 60%.

(9) Campground.

(a) The area of land shall have a minimum area of five acres.

(b) The minimum lot or campsite shall be 20 feet in width and 40 feet in length. The drive-through spaces shall be 15 feet in width and 60 feet in length.

(c) Each space in a recreational vehicle park, shall be improved with gravel or better covering as approved by the Township, in order to maintain a dust and mud-free condition.

(d) Recreational vehicle lots installed with water, sewer, and electricity shall be established at a ratio to the total number of lots on a park by park basis as a condition of the use permit.

(e) Restrooms and shower facilities shall be provided in the number and location required by the Township, with adequate parking areas adjacent thereto.

(f) Usable open space for common areas shall be planned and provided for at convenient locations to provide at least 200 square feet per lot. Such open space may include play yards, pools, and recreation buildings but shall not be deemed to include public facilities and open areas not accessible to the tenants.

(g) Refuse storage areas shall be provided in key areas throughout the park or campground with provisions for screening and collection.

(h) Each such recreational vehicle park shall be enclosed by a six-foot perimeter fence and by a landscaping strip of five feet average width on the street side of the park. The Township may require a higher fence when the park abuts a residential area.

(i) There shall be a minimum of 10 feet setback between the pads and the exterior perimeter boundaries.

(j) The street system shall be maintained in a well-graded, dust-free condition at all times.

(k) All utilities shall be placed underground.

(l) A secondary emergency exit shall be provided.

(m) A storm drain system shall be provided to accommodate runoff, both tributary to and originating within the recreational vehicle park or campground, and to transfer said runoff to a satisfactory point of disposal. Unless a waiver is granted by the Planning Commission or Board of Supervisors at the time the use permit is granted, the storm drain system shall be constructed in accordance with improvement plans prepared by a Civil Engineer and approved by the appropriate building official.

(n) A statement on the method of fire protection shall accompany each application, which shall be approved by the fire agency in charge before the application for a use permit is scheduled on the agenda of the Planning Commission.

(o) A location for a dump station for self-contained trailers and campers shall be provided unless exempted by the Township.

(10) Cemetery.

(a) The location of a cemetery shall be as approved by the Township Board of Supervisors and shall be accessible from an approved street in the Township.

(b) The minimum lot area shall be 20 acres; the maximum lot area shall be 50 acres.

(c) All structures shall be located no closer then 100 feet to any property line.

(d) No burial sites shall be located closer than 50 feet to any property line.

(e) A drainage plan, showing the lot's existing and proposed runoff characteristics, shall be submitted with the application for approval.

(f) Plans for ingress, egress and internal traffic circulation on the lot shall be submitted to PennDOT for comments regarding public safety.

(g) Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the parking requirements of this Chapter.

(h) All outdoor storage of equipment or material shall be screened from adjacent streets and properties.

(i) An additional 10 feet of yard setback with landscaping a minimum of six feet in height for off-street parking, loading areas, outdoor service areas and storage areas shall be provided to protect the surrounding residences from inappropriate light and other disturbances.

(j) At no time shall a corpse be exposed or visible from a public right-of-way or adjacent lot.

(k) The hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from inappropriate noise, dust, odor, vibration, light or other disturbance or interruption.

(l) No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted.

(m) The owner(s) and operator(s) of a cemetery shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

(n) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(11) Wireless communications facilities.

[Amended 9-17-2014 by Ord. No. 402; 10-19-2022 by Ord. No. 449]

(a) See West Deer Township Code of Ordinances, Part II, Chapter 210, Article XXXI, § 210-138 et seq., "West Deer Township Wireless Communications Facilities Ordinance."

(12) Contractor's yard.

(a) A contractor's yard shall have a minimum lot area of 20,000 square feet and a maximum lot area of two acres.

(b) A contractor's yard shall have direct access to an arterial road as identified by the Township.

(c) All equipment supplies, materials and other apparatus shall be properly screened. Screens shall be constructed with an earth berm, landscaped bufferyard, fence or wall with a minimum height of eight feet in height and with a minimum opacity of 80%.

(d) All property boundaries adjoining an existing residence shall provide a landscaped bufferyard of a minimum of 15 feet in width. The bufferyard shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.

(e) Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.

(f) A contractor's yard that adjoins an existing residence shall not begin mechanical operations until 7:00 a.m., and shall cease all mechanical operations by 9:00 p.m.

(g) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(13) Convenience store with gasoline.

(a) The minimum lot area for a convenience store with gasoline shall be 20,000 square feet.

(b) No street entrance or exit shall be located within 200 feet of a street entrance or exit of any school, park or playground, hospital, church, public library or public or semipublic buildings.

(c) The convenience store with gasoline shall have direct ingress/egress to an arterial road as identified by the Township.

(d) A canopy over the gas pumps shall be permitted, provided that:

[1] The canopy is not attached to the principal building.

[2] The canopy shall not be enclosed.

[3] The canopy shall be located a minimum of 50 feet from any property line or street right-of-way line.

[4] The canopy shall be removed immediately if the principal use is changed or discontinued.

(e) All authorized minor repair work, car washing and lubrication shall be conducted within a completely enclosed building.

(f) All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.

(g) Off-street parking shall be provided for a minimum of one space for each employee on duty and employer plus three spaces for each repair bay.

(h) Gasoline pumps shall be located at least 40 feet from the centerline of the right-of-way of any public street.

(i) All fuel, oil and other flammable substances shall be stored at least 25 feet from any property line.

(j) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(k) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(14) Country club/golf course.

(a) A traffic impact study shall be required to be submitted if the proposed country club/golf course in accordance with the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.

(b) All parking areas adjacent to an existing residential lot shall provide a screen with a minimum height of six feet. Screens shall be constructed as earth berm, landscaped bufferyards, fence or wall and should have a minimum opacity of 80%.

(c) Golf holes shall provide a minimum safety setback of 50 feet between the outermost boundary of the golf hole and the nearest property line.

(d) Service areas, maintenance areas/facilities and dumpster areas shall be screened from adjacent residences with a screen of a minimum height of eight feet. Screens shall be constructed as an earth berm, landscaped bufferyards, fence or wall and shall have a minimum opacity of 80%.

(e) Exterior lighting for parking areas visible from adjacent residential lots shall be reduced to 50% luminosity after 11:00 p.m.

(f) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setback.

(15) Duplex.

(a) All public utilities must be available.

(b) Minimum lot area per structure shall be 12,000 square feet.

(c) Minimum lot width shall be 100 feet.

(d) Minimum yards shall be:

[1] Front yard: 25 feet.

[2] Rear yard: 40 feet.

[3] Side yard (non-party-wall): 12 feet.

[4] Street side or corner lot: 25 feet.

(e) The proposed use shall be in keeping with the character of the neighborhood and shall not create an undue hardship on surrounding properties.

(16) Funeral home.

(a) All off-street parking must be provided on the lot.

(b) Exterior lighting for parking areas shall be reduced to 50% luminosity after 11:00 p.m.

(c) Off-street parking shall be screened with an earth berm, landscaped bufferyard, fence or wall within a maximum height of six feet and a minimum opacity of 80%.

(d) Setbacks shall be consistent with surrounding development.

(e) All rooms available for funerals and viewing shall be located within the lot's principal building.

(f) Dumpsters shall be located in the rear yard setback and shall be screened with an earth berm, landscaped bufferyard, fence or wall with a minimum height of eight feet and a minimum opacity of 80%.

(g) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(17) Garage, automobile repair.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) An automobile repair and service station shall have direct ingress/egress to an arterial road as identified by the Township or shall have a point of ingress/egress from a public or private street within the lot of a shopping center.

(c) All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.

(d) All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.

(e) All fuel, oil and other flammable substances shall be stored at least 25 feet from any property line.

(f) Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.

(g) Individual parking spaces for automobiles undergoing repair or that have undergone repair must be arranged so that each space has access to and from an unobstructed paved area.

(h) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(18) Home-based business, other.

(a) There shall be no exterior evidence of the use other than the wall sign authorized by the Township.

(b) No persons other than residents of the dwelling shall be employed. For the purposes of this section, "employed" shall be defined as one who receives compensation for any kind of services performed in association with the home occupation. This compensation can be in the form of monetary compensation, rent or other compensatory consideration.

(c) No more than 15% of the gross floor area of the dwelling shall be devoted to the conduct of a home occupation.

(d) The use shall not create any additional environmental impact other than those impacts, including, but not limited to, road infrastructure, traffic, garbage, water and sewage, normally resulting from residential use.

(e) The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other Township services beyond that which is normal for an average residence in the neighborhood.

(f) The use shall not require internal or external alterations or construction features which change the fire rating of the structure.

(g) 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.

(h) There shall be no storage of materials or equipment outside an enclosed building.

(i) The conduct of any home-based business, including, but not limited to, the storage of goods or equipment, shall not reduce or render unusable areas required for parking for the dwelling unit.

(j) The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.

(k) All needs for parking generated by the conduct of a home occupation shall be provided for on the lot.

(l) The home occupation shall not involve the use of vehicles in excess of one ton capacity or 9,000 pounds' gross vehicle weight for delivery of materials or merchandise to or from the premises, and such vehicles shall not be parked in the lot's side or rear yards.

(m) There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for pickup and/or delivery.

(n) A home-based business shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the home is being used for business purposes other than a telephone listing or small classified ad briefly describing the service and providing only a telephone number.

(o) The following uses shall not be considered to be home-based businesses and shall be limited to the districts in which they are specifically authorized as principal or conditional uses:

[1] Animal hospitals.

[2] Automobile sales, rental, service and repair shops.

[3] Beauty shops and barbershops containing more than one chair.

[4] Clinics, hospitals, nursing homes, group care facilities.

[5] Kennels.

[6] Funeral homes.

[7] Private clubs.

[8] Private instruction to more than three students at a time.

[9] Restaurants.

[10] Keeping of horses.

(p) Day-care homes, as defined in this Chapter, shall be considered a home-based business, provided that:

[1] All of the foregoing standards for a home occupation are met.

[2] Evidence of licensing by the Commonwealth of Pennsylvania shall be presented at the time of application and the licenses shall be maintained throughout operation of the day-care home.

[3] An adequate area for outdoor recreation shall be provided and shall be secured by a fence with a self-latching gate.

[4] 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.

(q) Any approved home-based business which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.

(r) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(19) Hospital.

(a) A hospital shall not be located within the flight path of a runway facility of an airport.

(b) A hospital shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance to the airports or other United States Federal Aviation Administration (FAA) guidelines or standards.

(c) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(d) All parking areas adjacent to a flight path or runway approach of an airport shall provide a minimum of one landscaped island for every seven parking spaces. All landscaped islands shall contain one tree a minimum of two inches dbh.

(e) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(20) Kennel, animal.

(a) Such uses shall be located at least 100 feet from any property line adjoining an existing residential lot and at least 50 feet from any other property line or public right of way as defined by this Chapter.

(b) The minimum lot area shall be two acres.

(c) Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot-high compact hedge or 100% opaque fence on all sides which are visible from an existing residential lot or a public right-of-way.

(d) If adjacent properties are developed as residential lots, the kennels shall be soundproofed to minimize noise impact on adjacent properties.

(e) The kennel shall be licensed by the Commonwealth of Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department shall be maintained.

(f) At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.

(g) Approval as a conditional use shall be subject to periodic inspections to insure compliance with the conditions of approval. The Zoning Officer shall notify the operator 48 hours before such inspection shall take place.

(h) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(21) Gas and oil production.

(a) Classifications.

[1] A deep well site which would be placed more than 650 feet from any preexisting building located off the property where the deep well site is sited may be permitted as a conditional use in the R, R-1, R-2, R-3 and I Zoning Districts, provided such property upon which the oil and gas well site would be placed is 1/2 acre or more in size. Otherwise, such siting and/or use shall be prohibited in the residential and commercial zones not otherwise permitted above.

[2] A shallow well site which would be placed more than 100 feet from any preexisting building located off the property where the shallow well site is sited may be permitted as a conditional use in the R, R-1, R-2, R-3, R-4, C-2, S-U, and I Zoning Districts, provided such property upon which the oil and gas well site would be placed is 1/2 acre or more in size. Otherwise, such siting and/or use shall be prohibited in the residential and commercial zones not otherwise permitted above.

[3] A natural gas compressor station or any similar facilities performing the equivalent functions which would be located more than 1,200 feet from any preexisting building located off the property where the natural gas compressor station or similar facility is located may be permitted as a conditional use in the R, R-1, S-U and I Zoning Districts. Otherwise, such use shall be prohibited in the residential and commercial zone not otherwise permitted above.

[4] A natural gas processing plant or any similar facilities performing the equivalent functions which would be located more than 1,000 feet from any preexisting building located off the property where the natural gas processing plant or similar facility is located may be permitted as a conditional use in the I Zoning District. Otherwise, such use shall be prohibited in the residential and commercial zone not otherwise permitted above.

(b) Applicability.

[1] This Chapter applies to all oil and gas development, oil and gas well sites, natural gas compressor stations, and natural gas processing plants that will be approved or constructed after the effective date of this Chapter.

[2] Oil and gas development, oil and gas well sites, natural gas compressor stations, and natural gas processing plants that were permitted or constructed prior to the adoption of this Chapter shall not be required to meet the requirements of this Chapter; provided that any modification to an existing or permitted oil and gas development, oil, gas well site, natural gas compression station, or natural gas processing plant that occurs after the effective date of this Chapter and materially alters the size, type, location, number of wells and other accessory equipment or structures, or any physical modifications to an existing natural gas compressor station or natural gas processing plant shall require compliance with a conditional use approval under this Chapter.

[3] Federal or state law or regulation preempts ordinance requirements that conflict with federal or state statute or regulation. Township acknowledges that it is pre-empted from regulating the operational methods of the oil and gas industry and may only regulate land uses.

(c) Application criteria.

[1] No oil and gas development, oil or gas well site, natural gas compressor station, or natural gas processing plant or an addition to an existing oil or gas well site, natural gas compressor station, or natural gas processing plant shall be constructed or located within the Township unless an application for conditional use has been approved by the Township approving the construction or preparation of the site for oil or gas development or construction of natural gas compressor stations or natural gas processing plants.

[2] The conditional use application, shall be accompanied by a fee as established in the Township's schedule of fees. In addition, any direct costs associated with the review of an application or related studies will be paid by the applicant. This includes any direct costs associated with hiring a third party to assist in the review of the application and related documents. Unpaid costs will be a basis for the Township to deny future applications for that well operator.

[3] Any modification to an existing and approved oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, or any modification to an existing natural gas compressor station or natural gas processing plant shall require a modification of the conditional use application required under this Chapter. Like-kind replacements shall not require a conditional use approval modification.

(d) Preapplication conferences.

[1] Before submitting an application the applicant is strongly encouraged to meet with the Township staff to determine the requirements of and the procedural steps and timing of the application. The intent of this process is for the applicant to obtain necessary information and guidance from the Township staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.

[2] A preapplication conference is voluntary on the part of the applicant and shall not be deemed the beginning of the time period for review as prescribed by law. The preapplication conferences are intended for the benefit of the applicant in order to address the required permit submittals and are advisory only, and shall not bind the Township to approve any application for a permit or to act within any time limit relative to the date of such conference.

(e) Conditional use application.

[1] The applicant shall provide to the Township at the time of submitting its conditional use application:

[a] A narrative describing an overview of the project including the number of acres to be involved, the number of wells to be drilled, and the location, and number and description of equipment and structures to the extent known.

[b] A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.

[c] The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the Township or county.

[d] The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the Township and all emergency responders. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all emergency providers.

[e] A location map of the oil or gas well site showing the location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the site. Such location shall be configured to allow the normal flow of traffic on public streets shall be undisturbed.

[f] A location map of the natural gas compressor station or natural gas processing plant including any equipment and structures and all permanent improvements to the site.

[g] A narrative and map describing the manner and routes for the transportation, delivery and removal of equipment, machinery, water, chemicals and other materials used in the siting, drilling, construction, maintenance and operation of the oil or gas well site.

[h] A certification or evidence satisfactory to the Township that, prior to the commencement of any activity at the oil or gas well site, the applicant shall have accepted and complied with any applicable bonding and permitting requirements; and shall have entered into a Township Roadway Maintenance and Repair Agreement with the Township, in a form acceptable to the Township Solicitor, regarding the maintenance and repair of the Township streets that are to be used by vehicles for site construction, drilling activities and site operations.

[i] A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Township streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage.

[j] Verification that a copy of the operation's Preparedness, Prevention and Contingency Plan (the "PPC") has been provided to the Township and all emergency responders. The PPC shall be in compliance with the Pennsylvania Department of Environmental Protection Guidelines for the Development and Implementation of Environmental Response Plans.

[k] A statement that the applicant, upon changes occurring to the operation's PPC, will provide to the Township and all emergency responders the dated revised copy of the PPC while drilling activities are taking place at the oil or gas well site.

[l] Assurance that, at least 30 days prior to drilling, the applicant shall provide an appropriate site orientation and training course of the PPC for all emergency responders.

[m] A copy of the documents submitted to the DEP, or if no document has been submitted to the DEP, a narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts.

[n] A copy of all permits and plans from appropriate regulatory agencies or authorities issued in accordance to environmental requirements.

[o] A copy of all permits and plans from the appropriate regulatory agencies or authorities issued in accordance with applicable laws and regulations for the proposed use.

[p] A stormwater management plan for any access road constructed by the well owner/well operator providing for the regulation of surface water drainage consistent with any Township Stormwater Management Ordinance in effect at the time such access road constructed. Such stormwater management plan shall be reviewed and approved by the Township Engineer prior to the approval of any conditional use application for oil gas development.

[q] A copy of a water quality test on all water wells, developed springs and surface waters establishing the base chemical composition of all well and surface water supplies within 1,000 feet of any oil and gas well site prior to construction of any oil and gas development. At a minimum, such tests shall be conducted to establish the presence and levels or bacteria/coli form, salt, brine, sulfur, hydro-carbons, including halogenated hydrocarbons, heavy metals and/or other contaminants commonly associated with oil and gas drilling operations.

[2] Within 15 business days after receipt of a conditional use application and the required fee, the Township will determine whether the application is complete and adequate and advise the applicant accordingly.

[3] Within 30 days following the approval of any conditional use application for oil and gas development by the Township, as contemplated herein, the applicant shall execute the repair agreement described in Subsection A(21)(f)[1] hereof. Failure to execute the required repair agreement shall constitute a violation hereof and the respective conditional use approval and shall constitute an automatic revocation of any approval hereunder.

(f) Conditions and standards.

[1] The well operator shall comply with any generally applicable bonding and permitting requirements for Township roads that are to be used by overweight vehicles and equipment for development activities. For state and county roads located within the Township, the well operator shall provide a copy of the highway occupancy permit for overweight vehicles to the Township. The well operator shall provide a transportation route map which depicts the roads to be utilized in the Township. The well operator shall inventory the condition of the roads and provide video and photo documentation to the Township. The well operator shall also submit at the time of application a road restoration plan that indicates how the well operator plans to address damage to Township roads during construction and after construction is complete. Within 30 days following the approval of a conditional use application for oil and gas development by the Township, and in any event, prior to the commencement of any activity at the approved oil and gas well site, the applicant shall enter into a Township roadway maintenance and repair agreement (the "repair agreement") with the Township, in a form acceptable to the Township, regarding maintenance, repair and bonding of Township roads that are to be used by vehicles for oil and gas development activities. Without limiting the generality of the foregoing, the repair agreement shall address the bonding requirements to be imposed against the applicant, in the Township's sole reasonable discretion, and shall identify the responsibilities of the applicant to prepare, maintain, and repair Township roads, before, during, and immediately after drilling operations associated with oil and gas development. Corrective action shall be taken by the well operator as and when directed by the Township.

[2] The well operator shall take the necessary safeguards to ensure that the Township roads utilized remain free of dirt, mud and debris resulting from development activities and shall ensure such roads are promptly (within 24 hours) swept or cleaned of dirt, mud and debris. Ingress and egress points shall be located to comply with 67 Pa.Code, Chapter 441, PennDOT Design Manual 2, and shall meet transition grades, turning radii, and accommodate traffic capacity to provide for efficient movement.

[3] The well operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development, well operator shall provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.

[4] The well operator shall not clear brush or trees by way of burning. However, well operator shall be permitted to, consistent with any relevant outdoor burning ordinance(s), laws and regulations, burn any brush, trees, or stumps that have been removed from the ground and collected into a pile or piles on the properties where the well operator is engaging in development.

[5] Before any oil and gas development activities, the Township shall ascertain whether the Township's Police and Fire Departments have secured adequate information and training to deal with any potential dangerous conditions that may result due to development activities. Emergency responders shall, upon request from the Township and at the well operators sole cost and expense, have on-site training orientation with respect to the PPC and providing adequate awareness information prior to drilling of an oil and gas well. The well operator will provide at least 15 days' notice of on-site training and orientation. Such site orientation shall also be made available immediately after any substantial modification to the development or well site, or not less than annually during the period when the well operator anticipates drilling activities in the Township.

[6] The well operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place.

[7] Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, as part of the planning process, well operator shall consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities. The Township Engineer will review the site plan with consideration of private property usage and future development.

[8] At least 10 days prior to commencement of drilling, the well operator shall provide to the Township Zoning Officer a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection ("DEP"). Revocation of any federal, state, municipal, or other required approvals applicable to the use shall constitute an automatic revocation of the conditional use approval.

(g) Design and installation.

[1] Access.

[a] Whenever possible, access to any oil or gas well site should be from a collector street.

[b] Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.

[c] The well owner or well operator must install and maintain any access road constructed to access an oil and gas well site in such a manner to ensure a "mud free" gravel surface for at least 200 feet of its intersection with any public or private road.

[d] The well owner/well operator must construct and maintain a "tire cleaning surface" consisting of a minimum of 100 feet of No. 3 PennDOT approved stone having a depth of not less than six inches leading to all intersections with any public road or collector street during construction for drilling operations.

[2] Structure height.

[a] Permanent structures associated with an oil and gas site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil or gas well site is located.

[b] Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is located.

[c] There shall be an exemption to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well; provided further the time period of such drilling and exemption shall not exceed six months. The well operator shall give the Township prior written notice of the beginning date for its exercise of the exemption.

[3] Setbacks.

[a] Drilling rigs shall be located a minimum setback distance of 1.5 times their height from any property line, public or private street, or building not related to the drilling operations on either the same lot or an adjacent lot.

[b] The drilling pad for the oil or gas well site shall comply with all setback and buffer requirements of the zoning district in which the oil or gas well site is located.

[c] Natural gas compressor stations or natural gas processing plants shall comply with all setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.

[d] Exemption from the standards established in this subsection may be granted by the Township upon a showing by the well operator that it is not feasible to meet the setback requirements from surface tract property lines and that adequate safeguards have or will be provided to justify the exemption.

[e] Drilling pads, natural gas compressor stations or natural gas processing plants shall be set back 200 feet from buildings or sites registered or eligible for registration on the National Register of Historic Places or the Pennsylvania Register of Historic Places.

[4] Screening and fencing.

[a] Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned twenty-four-hour on-site supervision and security are provided.

[b] Upon completion of drilling or redrilling security fencing consisting of a permanent chain link fence with a minimum thickness gauge of 11 shall be promptly installed at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site. All fencing surrounding liquid impoundments shall meet and satisfy all OHSA requirements. Fence support posts shall be set in concrete embedded into the ground. Tension rods shall be three-eighths-inch round steel bolt. Tension bars shall have a minimum thickness of 1/4 by 3/4 inch. Adjustable tightness shall have a six-inch minimum take-up.

[c] Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide.

[d] Emergency responders shall be given means to access oil or gas well site in case of an emergency.

[e] Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency.

[f] In construction of oil or gas well sites the natural surroundings should be considered and attempts made to preserve existing trees and other native vegetation.

[g] Pine trees are to be planted as screening around the fenced well head. The trees shall be of such a height when planted as to provide immediate screening.

[h] Landscaping shall be done in accordance with Article XXI, Land Development, § 210-110, Development standards.

[5] Lighting.

[a] Lighting at the oil or gas well site, or other facilities associated with oil and gas drilling development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and nearby buildings within 100 feet of the oil or gas well development.

[b] Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.

[6] Noise.

[a] The applicant shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development.

[b] Prior to drilling of an oil or gas well or the operation of a natural gas compressor station or a natural gas processing plant, the applicant shall establish by generally accepted testing procedures, the continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public facility, or 100 feet from the nearest residence or public building, medical, emergency or other public facilities, whichever point is closer to the affected residence or public building, school medical, emergency or other public facility. In lieu of the establishment of the ambient noise level established by the continuous seventy-two-hour test the applicant may assume and use, for the purpose of compliance with this Chapter, a default ambient noise level of 65 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standards Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment, which will provide equivalent data.

[c] The applicant shall provide the Township documentation of the established ambient noise level prior to starting oil or gas drilling and/or production operations.

[d] The noise generated during the oil and gas operations or the natural gas compressor station or the natural gas processing plant shall not exceed the average ambient noise level established in Subsection A(21)(g)[6][b] by more than:

[i] Five decibels during drilling activities.

[ii] Ten decibels during hydraulic fracturing operations.

[iii] Five decibels for a natural gas compressor station or a natural gas processing plant.

[iv] Allowable increase in Subsection A(21)(g)[6][d] shall not exceed the average ambient noise level for more than 10 minutes within any one-hour period.

[e] Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards when located near a residence, public building, school, medical, emergency or other public facilities.

[f] Exemption from the standards established in this subsection may be granted by the Township during the drilling stage or at the oil or gas well site, or the gas compressor station, or at the natural gas processing plant for good cause shown and upon written agreement between the applicant and the Township.

[g] Complaints received by the Township shall be addressed by the applicant, within 24 hours following receipt of notification by continuously monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school medical, emergency or other public facilities, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

[h] Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels that would otherwise exceed the ambient noise level standards at residential or public buildings, medical, emergency or other public facilities.

[7] Prohibitions.

[a] No drilling shall be allowed in the floodway designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.

[b] Oil and gas drilling in the one-hundred-year floodplain is discouraged but may be permitted by the Township in its discretion if the following provisions are met:

[i] If no other area provides access to the oil or gas deposit, then oil and gas drilling may be permitted in the floodplain. The applicant must provide conclusive documentation that no other location allows access to the oil or gas deposit other than a location within the floodplain.

[ii] An adequate emergency evacuation plan shall have been produced by the applicant and filed with the Township.

[iii] No storage of chemicals shall be permitted within the floodplain. An exemption from this requirement may be granted by the Township if the applicant can show that such storage will not potentially cause any harm to property, persons or the environment in the case of a one-hundred-year flood; and further provides security to the Township assuring the applicant's ability to remedy any damage or injury that may occur.

[iv] Only necessary and needed structures will be permitted within the floodplain.

[v] All structures within the flood zone shall be designed to withstand a one-hundred-year storm event.

[vi] An engineer registered in Pennsylvania and qualified to present such documentation that structures will not cause additional flooding on adjacent, upstream and/or downstream properties shall provide such documentation to the Township.

(h) Surface water and groundwater.

[1] If surface water from any access road is anticipated to be redirected off the property onto adjoining property, the well owner/well operator shall submit to the Township, prior to the approval of any conditional use application, a deed of easement, release and right of entry agreement or similar document or agreement, signed by the adjoining property owner(s) and well owner/well operator, in a recordable form, evidencing such property owner's permission to discharge surface water onto their property. Such surface drainage shall be consistent with rule and regulations adopted and/or enforced by the DEP.

[2] Upon receipt of a written complaint from any property owner that the quantity of the water supply for the property has been affected by the drilling operations thereupon, the Township shall report the same to the well owner and/or well operator. Within 10 days of receipt of such written notice, the well owner and/or well operator shall perform a well recovery rate (flow) test for affected water wells or developed springs on the property and shall submit the results of same to the Township and property owner. The Township shall immediately forward a copy of the original flow test results submitted as part of the conditional use application, together with the post-complaint flow test results to the DEP for disposition pursuant to the Oil and Gas Act (58 P.S. § 601.208), or its successor section, and any regulations associated with same.

[3] In the event the DEP takes, or requires the well owner or well operator to take, remedial action to correct deficiencies in the water quality or quantity on the property, or if private remedial measures to correct deficiencies in the water quality or quantity on the property have occurred, the Township may declare the drilling operations on the property to be a "public nuisance" pursuant to the Oil and Gas Act (58 P.S. § 601.502), or any successor section, and thereafter revoke or suspend any conditional use approval hereunder and pursue its right under law to restrain such conditions pursuant to the Oil and Gas Act (58 P.S. § 601.504), or any successor section.

[4] Nothing in this section shall be deemed or construed to limit the ability or any affected property owner from making a complaint directly to the DEP or pursuing any other private action or claims, at law or in equity, in any court of competent jurisdiction regarding any water supply deficiencies caused, or alleged to be caused, by any well owner or well operator.

[5] The well operator, at the well operator's sole cost and expense, shall test the effluent of all water wells and water sources used by any residence or business within 1,000 feet of any oil and gas well site. The water test shall, at a minimum, establish the base chemical composition of such well and surface water supplies prior to the commencement of any oil and gas development. All test results shall be provided, by certified mail, to the Township and to each owner of the surface rights to the real property upon which such water well or water source is located.

(i) Enforcement and violations. Any well owner, well operator, or other person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, shall pay to the Township a fine of not more than $5,000 per incident per day, plus all court costs, including, but not limited to, reasonable attorneys' fees incurred by the Township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the Township without further judicial proceedings. Further, the appropriate officers or agents of the Township are hereby authorized to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond shall be required of the Township if the Township seeks injunctive relief.

(22) Life care facility/senior living community.

[Added 9-17-2014 by Ord. No. 401]

(a) Total site area shall be a minimum of five acres.

(b) The lot shall be served by frontage on a public street and serviced by public sanitary sewers and public water.

(c) Sidewalk gradients shall be constructed at 5% maximum.

(d) The facility shall be accessible for fire fighting purposes and evacuation at all levels and on all sides. However, the facility shall not be more than five stories in height.

(e) Safe vehicular access and areas for discharging and picking up guests shall be provided.

(f) The location, orientation and lot circulation shall be coordinated with the Township in order to minimize the disturbance of surrounding land uses.

(g) The facility shall meet all state requirements for life care nursing/convalescent care facilities.

(h) The applicant shall conduct a traffic analysis to show that adequate traffic controls are in place to minimize potential negative impacts.

(i) Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Board of Supervisors shall be complied with by the applicant.

(j) All buildings must be set back a minimum of 100 feet from all property lines.

(k) All buildings shall be separated by at least 100 feet. If two structures are connected by an enclosed walkway, they are considered one building.

(l) The applicant shall provide a parking study to show that an adequate number of parking spaces are provided.

(23) Medical clinic.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) All paved areas shall be held to a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.

(24) Military-related facilities.

(a) The minimum lot area of a military related facility shall be 20 acres.

(b) Such uses shall be located at least 200 feet from any property line adjoining a residential use and at least 100 feet from any other property line a public right of way as defined by this Chapter.

(c) Side and rear bufferyards shall be a minimum of 25 feet in width and shall be planted with a combination of deciduous and evergreen trees and shrubs, ornamental grasses and groundcovers.

(d) An inventory of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases and solids shall be updated annually and filed with the local fire department and the West Deer Township 911 service.

(e) Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.

(f) A traffic impact study shall be required to be submitted whereas the proposed development, which according to the Institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadways' peak hour volumes.

(g) The owner(s) and operator(s) of a military facility shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

(h) The hours of operation for material pickup, delivery, outdoor processing and manufacturing shall be limited to between 7:00 a.m. and 9:00 p.m.

(i) The storage of combustible materials shall be limited to 30 feet in height.

(j) All outdoor storage areas and loading areas shall be screened from an adjoining residential lot. Screens shall be a minimum of eight feet in height and shall be constructed as earth berms, landscaped bufferyards with a minimum width of 15 feet, fences or walls with a minimum opacity of 80%.

(k) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(25) Mobile Home Park.

(a) Gross site area shall be a minimum of five acres.

(b) The minimum yard, area and bulk requirements per mobile home lot shall be:

[1] Front yard: 25 feet.

[2] Side yard: 12 feet.

[3] Street side on corner lot: 25 feet.

[4] Rear yard: 25 feet.

[5] Accessory use: three feet.

[6] Maximum height: 15 feet.

(c) Proposed mobile home parks shall comply with all applicable provisions of State laws regulating mobile home parks and all applicable standards and regulations set forth in this Chapter.

(d) Guest parking shall be provided in a common off-street parking area at the ratio of one parking space for every three mobile home lots.

(e) All lots shall be serviced by public sewer and water.

(f) Minimum lot width shall be 40 feet for single unit mobile home and 65 feet for double mobile home units.

(g) All dumpster areas shall be screened from all lots and public rights-of-way. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.

(h) All mobile home parks shall provide sidewalks on both sides of a street (both public and private rights-of-way).

(i) The ground surface in all parts of each mobile home park shall be graded and equipped to drain all surface water in a safe and efficient manner. Exposed ground surfaces in all parts of each mobile home park shall be treated in a manner approved by the Commission which will effectively prevent soil erosion and prevent the emanation of dust during dry weather.

(j) Mobile home park lot requirements.

[1] The maximum number of mobile home lots within each mobile home park shall be not more than seven lots per acre of the total area of the mobile home park.

[2] The minimum mobile home lot size shall be not less than 6,000 square feet of area.

[3] All mobile home lots shall abut on a street of the mobile home park internal street system.

(k) A minimum of 10% of the gross area of the mobile home park shall be provided for recreational space. This recreational space shall be suitable for varied outdoor recreational uses. The applicant will present assurances related to the responsibilities for land ownership, the construction and/or purchase of facilities or other features, and the perpetual maintenance of the above.

(l) Every mobile home park shall provide a planting screen as per the requirements of § 210-110A.

(m) The street system within a mobile home park shall be designed and constructed according to required standards this Chapter and the West Deer Township Subdivision and Land Development Ordinance.

(n) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(o) Mobile home lot improvements.

[1] Each mobile home lot shall be provided with a permanent frost-free foundation and each lot shall have available adequate provisions, such as anchor bolts and tie-down straps, to assure that each mobile home has available to it a means of securing the home to its site.

[2] Water supply and sewage disposal system connections shall be provided to each mobile home lot within a mobile home park.

(p) No mobile home subdivision or land development shall be approved until it has satisfied all applicable ordinances or regulations as identified by West Deer Township.

(q) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(26) Municipal administration facility.

(a) Bufferyards between a municipal administration facility and adjacent residential lots or a designated residential zoning district shall be increased by 10 feet in width.

(b) Screening between a municipal administration facility and adjacent residential lots or a designated residential zoning district shall be required as per § 210-110A of this Chapter.

(c) All utilities which service the structure(s) shall be placed underground.

(d) As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.0 footcandle.

(e) Maximum height of outdoor lighting for both parking areas and roadways shall be 25 feet.

(f) The proposed use shall be in keeping with the character of the neighborhood and shall not create an undue hardship on surrounding properties.

(g) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(27) Nursing/convalescent care facility.

(a) The minimum site area required for nursing/convalescent care shall be one acre.

(b) The site shall be served by public water and public sewers.

(c) All nursing/convalescent care shall be licensed by the Commonwealth of Pennsylvania.

(d) Water pressure and volume shall be adequate for fire protection and shall be referred to the local fire company for review and comment.

(e) Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles. A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures. The parking and circulation plan shall be referred to local fire companies for comments regarding traffic safety and emergency access.

(f) Nursing/convalescent care facilities shall have a bed capacity of at least 20 beds but no more than 200 beds.

(g) All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-110A.

(h) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(28) Office, Business > 5,000 Square Feet and < 40,000 Square Feet.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) Where feasible, no parking shall occur in the front yard.

(c) Parking spaces shall be required to meet the cumulative requirements of the number of offices provided; no less than one space per 350 feet of gross floor area (GFA).

(d) All portions of the property not occupied by structures or pavement shall be landscaped and well maintained.

(e) All paved areas shall be held to a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.

(f) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(29) Office, business > 40,000 square feet.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) Bufferyards between an office or business greater than 40,000 square feet and adjacent residential lots or a designated residential zoning district shall be increased by 10 feet in width.

(c) Screening between a municipal administration facility and adjacent residential lots or a designated residential zoning district shall be required as per § 210-110A of this Chapter.

(d) Where feasible, no parking shall occur in the front yard.

(e) Parking spaces shall be required to meet the cumulative requirements of the number of offices provided; no less than one space per 350 feet of gross floor area (GFA).

(f) All portions of the property not occupied by structures or pavement shall be landscaped and well maintained.

(g) All paved areas shall be held to a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.

(h) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(30) Office, medical.

(a) Where feasible, no parking shall occur in the front yard.

(b) Parking spaces shall be required to meet the cumulative requirements of the number of offices provided; no less than one space per 350 feet of gross floor area (GFA).

(c) All portions of the property not occupied by structures or pavement shall be landscaped and well maintained.

(d) All paved areas shall be held to a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.

(e) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(31) Parking areas.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) All paved areas shall be held to a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.

(c) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(32) Personal services.

(a) Parking spaces shall be required to meet the cumulative requirements of the service provided.

(b) All paved areas shall be screened from adjacent residential properties or uses.

(c) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(33) Place of assembly.

(a) The minimum lot area shall be one acre.

(b) A place of assembly's primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

(c) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(d) The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Township Engineer to ensure employee and visitor safety.

(e) Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.

(f) For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.

(g) No place of assembly shall be located within the flight path of a runway facility of an airport.

(h) A place of assembly shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance to airport's and United States Federal Aviation Administration (FAA) guidelines or standards.

(i) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(34) Place of worship.

(a) The minimum lot area shall be one acre.

(b) A place of worship's primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

(c) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(d) The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Township Engineer to ensure employee and visitor safety.

(e) Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.

(f) For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.

(g) No place of worship's shall be located within the flight path of a runway facility of an airport.

(h) A place of worship shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance with an airport's and United States Federal Aviation Administration (FAA) guidelines or standards.

(i) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(35) Planned residential development (PRD). See Article XVII.

(36) Private club.

(a) A private club serving alcohol shall not be established or operated within 500 feet of an existing school, public playground, public park, residence, childcare facility, place of worship or place of assembly.

(b) A private club shall not be established or operated within three 300 feet of an existing bar, nightclub or liquor store.

(c) Swimming pools, outdoor gathering areas, or court game areas, if part of the operation, shall not occupy more than 15% of the lot, including accessory structures and areas thereto, shall not be closer than 100 feet from the nearest lot line, shall meet all current State Health Department requirements, shall be surrounded by a permanent fence at least six feet in height with secured access, and shall have all floodlighting shielded from adjacent residential properties or streets.

(d) Access drives shall be located to take maximum advantage of sight distances for motorists, shall be as remote as possible from street intersections.

(e) Parking for all meeting attendees shall be located on the subject lot where the land use occurs.

(f) Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.

(g) All buildings on the lot shall be set back at least 30 feet from side yard lines and shall be no higher than 45 feet.

(37) Public/private works facility.

(a) All equipment supplies, materials and other apparatus shall be properly screened. Screens shall be constructed with an earth berm, landscaped bufferyard, fence or wall with a minimum height of eight feet in height and with a minimum opacity of 80%.

(b) All property boundaries adjoining an existing residence shall provide a landscaped bufferyard of a minimum of 15 feet in width. The bufferyard shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.

(c) Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.

(d) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(38) Quadplex.

(a) Bufferyards between a quadplex development and adjacent residential lots or a designated residential zoning district shall be increased by 10 feet in width.

(b) Screening between a quadplex development and adjacent residential lots or a designated residential zoning district shall be required as per § 210-110A.

(c) Slopes shall be graded at a maximum of a three feet horizontal to one foot vertical (3:1) ratio.

(d) The primary vehicular entrance to the quadplex development shall, at a minimum, have direct access to a collector road.

(e) Maximum height of outdoor lighting for both parking areas and roadways shall be 20 feet.

(f) As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.0 footcandle.

(g) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(39) Research and development.

(a) Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in this Chapter.

(b) A research, testing and development facility shall have one point of ingress and egress to an arterial road.

(c) Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

(d) All interior driveways and parking areas shall be paved with a material to reduce dust.

(e) An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and filed with the local fire department and the West Deer Township 911 service.

(f) A research testing and development facility shall not be located within the flight path of a runway facility of an airport.

(g) A research, testing and development shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance with an airport's and United States Federal Aviation Administration (FAA) guidelines or standards.

(h) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(40) Restaurant-with drive through.

(a) The restaurant with drive through shall have direct ingress/egress to an arterial road or main highway as identified by the Township.

(b) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(c) Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

(d) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(41) Retail/business store >10,000 square feet and <40,000 square feet.

(a) Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.

(b) Building setbacks shall be consistent with the existing building setbacks of adjoining lots.

(c) Setback, screening and buffering of parking and loading areas as well as outdoor common open space shall be provided in accordance with this Chapter.

(d) Light fixtures for the illumination of parking and service areas shall be designed to minimize illumination levels to a maximum of 0.0 footcandle when measured from an adjacent property line.

(e) All interior driveways and parking areas shall be paved within a material that reduces dust.

(f) Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.

(g) One landscaped island for every seven parking spaces shall be provided within all parking areas. All landscaped islands shall contain one tree a minimum of two inches dbh.

(h) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(42) Retail/business store >40,000 square feet.

(a) Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.

(b) Building setbacks shall be consistent with the existing building setbacks of adjoining lots.

(c) Setback, screening and buffering of parking and loading areas as well as outdoor common open space shall be provided in accordance with this Chapter.

(d) Light fixtures for the illumination of parking and service areas shall be designed to minimize illumination levels to a maximum of 0.0 footcandle when measured from an adjacent property line.

(e) All interior driveways and parking areas shall be paved within a material that reduces dust.

(f) Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.

(g) One landscaped island for every seven parking spaces shall be provided within all parking areas. All landscaped islands shall contain one tree a minimum of two inches dbh.

(h) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(43) Roadside stand.

(a) A roadside stand shall be a business in accordance with all necessary licensing and regulations.

(b) Parking areas for customers shall be provided such that no parked vehicle is located within the public right-of-way.

(c) A roadside stand shall only operate during daylight hours; therefore, no exterior illumination shall be permitted.

(d) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(44) School, academic.

(a) A public or private school shall not be located within the flight path of a runway facility of an airport.

(b) A public or private school shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance to an airports and United States Federal Aviation Administration (FAA) guidelines or standards.

(c) The Township may attach additional conditions pursuant to this Section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(45) Self-service storage facility (mini-warehouse).

(a) The minimum lot area required shall be five acres.

(b) The lot shall have direct ingress/egress to a public collector or arterial road, and points of ingress/egress shall not be through a road on which the current use of the majority of lots fronting on the road is single-family dwellings.

(c) Vehicular access to the lot shall be limited to one two-way or two one-way driveways from each arterial or collector road on which the lot has frontage and which meets the requirements above.

(d) All one-way driveways shall have a minimum of one ten-foot parking lane, plus one fifteen-foot travel lane.

(e) All two-way driveways shall provide a minimum of one ten-foot parking lane, plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.

(f) All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

(g) Parking shall be provided in accordance with the following requirements:

[1] Two spaces for manager's office.

[2] One space for each 10 storage units, equally distributed throughout the storage area.

[3] One space for each 25 storage units, which spaces shall be located near the manager's office to be used by prospective clients.

(h) A minimum eight-foot fence with a self-latching gate shall be placed on the interior side of each bufferyard.

(i) The maximum building height shall be 20 feet.

(j) The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.

(k) The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.

(l) The maximum length of any storage building shall be 200 feet.

(m) The maximum size of any storage unit shall be 14 feet wide, 40 feet deep and one story and no more than 20 feet in height. If storage units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.

(n) Maximum lot coverage by all buildings shall be 40%.

(o) Individual storage units shall not be equipped with water or sanitary sewer service.

(p) No business activity other than rental of storage units shall be conducted on the premises.

(q) Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris and dust shall not be created.

(r) Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

(s) The design of a self-service storage building shall be sealed by an architect.

(t) No signs shall be placed on the buildings or on their rooftops.

(u) One freestanding business identification sign shall be permitted which complies with the requirements of this Chapter for the zoning district in which the use is located.

(v) No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the local fire department. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the self service storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the West Deer Township Fire Codes.

(w) A minimum of one fire hydrant shall be provided on the lot subject to the approval of the number and location of hydrants by the Allegheny County Fire Marshal, and the facility shall comply with all local fire codes.

(x) The owner(s) and operator(s) of a self-service storage facility shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

(y) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(46) Social clubs.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) A social club shall not be established or operated within 500 feet of an existing school, public playground, public park, residence, day care facility, place of worship or place of assembly.

(c) All structures, including accessory, shall be no closer than 50 feet from any property line.

(d) A social club shall not be established or operated within 300 feet of an existing bar, nightclub or liquor store.

(e) A social club's hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.

(f) Outdoor sound systems shall not be permitted.

(g) All parking and service areas shall be located to the rear of the lot and properly screened as per § 210-110A of this Chapter.

(h) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(47) Social services.

(a) A social service agency shall not be located within the flight path of a runway facility of an airport.

(b) A social service agency shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance to an airport or other United States Federal Aviation Administration (FAA) guidelines or standards.

(c) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(48) Tavern/bar.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) A tavern/bar shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.

(c) Tavern/bar hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.

(d) The owner(s) and operator(s) of a tavern/bar shall be responsible for the conduct and safety of the patrons.

(e) No more than one identification sign shall be permitted; said sign shall be a ground or a wall sign. The graphic area of the sign shall not exceed 40 square feet.

(f) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(49) Townhome.

(a) Bufferyards between a townhome development and adjacent residential lots shall be increased by 10 feet in width.

(b) Screening between a townhome development and adjacent residential lots or a designated residential zoning district shall be required as per § 210-110A.

(c) The primary vehicular entrance to the townhome development shall, at a minimum, have direct access to a collector road.

(d) Maximum height of outdoor lighting for both parking areas and roadways shall be 20 feet in residential districts and 25 feet in nonresidential districts.

(e) The landowner and/or development shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.0 footcandle.

(f) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(50) Veterinary services.

(a) No outdoor pens, kennels or runs shall be constructed or provided.

(b) Noise shall not exceed the levels deemed acceptable by the performance standards of this Chapter.

(c) Hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m.

(d) Parking areas for veterinary services located within a Village District and not adjacent to an arterial road shall be limited to a maximum of 10 parking spaces.

(e) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.

(51) Warehouse/distribution center.

(a) A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.

(b) Warehouses should be located adjacent to an arterial road or main highway as identified by the Township.

(c) No idling of motors or engines shall be permitted between the hours of 9:00 p.m. and 7:00 a.m.

(d) All structures shall be separated by at least 50 feet.

(e) All operations shall be entirely within an enclosed structure.

(f) Outdoor storage of foods shall not be permitted.

(g) Loading and/or outdoor storage areas shall not be visible from a public right-of-way or an adjacent residence. A landscaped bufferyard with a minimum of 25 feet in width shall be provided adjacent to all existing residences. Bufferyards shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.

(h) Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.

(i) The ground surface of off-street parking and loading spaces shall be paved with bituminous paving, brick, concrete or store block paving material to protect the surrounding neighborhood from dust and other disturbances.

(j) The landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.0 footcandle.

(k) The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased setbacks.