[Ord. 1974-3, 6/20/1974; as amended by Ord. 2002-8, 12/9/2002, §§ 6
and 7; and by Ord. 2010-5, 10/7/2010, § 1]
1.
Membership of Board. The membership of the Board shall consist of
three residents of the Township appointed by the Board of Supervisors.
Their terms of office shall be three years and shall be so fixed that
the term of office of one member shall expire each year. The Board
shall promptly notify the Township Supervisors of any vacancies which
occur. Appointments to fill vacancies shall be only for the unexpired
portion of the term. Members of the Board shall hold no other office
in the Township.
A.
Additionally, the Board of Supervisors may appoint by resolution
up to three residents of the Township to serve as alternate members
of the Board. Their terms of office shall be three years. If, by reason
of absence or disqualification of a member of the Board, a quorum
is not reached, or, if the Chairman desires to seat a full Board for
a hearing, the Chairman of the Board shall designate as many alternate
members of the Board to sit on the Board as may be needed to provide
a quorum, or in the Chairman's discretion, a full Board. Any alternate
member of the Board shall continue to serve on the Board in all proceedings
involving the matter or case for which the alternate was initially
appointed until the Board has made a final determination of the matter
or case. Designation of an alternate pursuant to this subsection shall
be made on a case-by-case basis in rotation according to declining
seniority among all alternates. When properly seated, an alternate
shall be entitled to participate in all proceedings and discussions
of the Board to the same and full extent as provided for Board members,
including specifically the right to cast a vote as a voting member
during the proceedings, and shall have all the powers and duties set
forth in this chapter, the Pennsylvania Municipalities Planning Code,
and the law. Alternates shall hold no other office in the Township,
including membership on the Township Planning Commission or Zoning
Officer. Any alternate may participate in any proceeding or discussion
of the Board, but shall not be entitled to vote or to be compensated
as a member of the Board unless designated the voting alternate by
the Chairman pursuant to this subsection.
2.
Organization of Board. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but where two members are disqualified to act in a particular matter, the remaining member may act for the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 27-502. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
3.
Powers. The Zoning Hearing Board has the following powers:
A.
Interpretation. To interpret any provision of this chapter including
zone boundaries.
B.
Special Exceptions. To hear and decide special exceptions upon which the Board is required to pass under this chapter as per § 27-504 following.
C.
Appeals. To hear and decide appeals where it is alleged there is
error in any order, requirement, decision or determination made by
the Zoning Officer in enforcement or interpretation of this chapter.
D.
Variances. To authorize, upon application, in specific cases a variance from the terms of this chapter as per § 27-503 following.
E.
Rehearings. To grant the rehearing of a case if it appears there
has been a substantial change in the facts or evidence of the case
as presented at the initial hearing.
F.
Challenge to the Validity to the Ordinance or Map. The Board shall hear challenges to the validity of the Zoning Ordinance or map except as indicated in the Pennsylvania Municipalities Planning Code §§ 609.1, 909.1(b), and 916.1(a)(2). In all such challenges the Board shall take evidence and make a record thereon as provided in § 27-502. At the conclusion of the hearing the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
G.
Unified Appeals. Where the Board has jurisdiction over a zoning matter, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirements pertaining to the same development plan or development. In any such case the Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make a record thereon as provided in § 27-502. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact, which shall become part of the record on appeal to court.
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In exercising the powers above, the Board, in conformity with
the provisions of this chapter, may reverse, affirm or modify the
order, requirement, decision or determination appealed from or requested,
and may make any order, requirement, decision or determination as
ought to be made.
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4.
Board Calendar. Each application or appeal filed in the proper form
with the required data, must be numbered serially and be placed upon
the calendar of the Board by the Secretary. Applications and appeals
must be assigned for hearing in the order in which they appear on
the calendar. However, for good reason, the Board may order the advance
of the application or appeal. The Board must fix a reasonable time
for hearings.
5.
Hearing Forms. All applications, appeals, challenges or any other
hearing requests before the Board shall be on forms approved by the
Township.
6.
Place for Filing Hearing Requests. All applications, appeals, challenges
or any other hearing requests before the Board shall be filed with
the Township's Zoning Officer or such other person as may from time
to time be authorized by the Township.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2000-9, 11/9/2000, § 24;
by Ord. 2001-7, 9/6/2001, §§ 2 and 3; and by Ord. 2003-3,
5/1/2003, § 6]
1.
Notice Conduct of Meeting. Notice shall be given of a Zoning Hearing
Board meeting in the following manner and the hearing shall be subject
to the following:
A.
The Board shall conduct hearings on any request for interpretation,
variance, special exception, appeal from an enforcement notice, challenge
or other matter requiring the Board's decision or other official action.
B.
Such hearing shall be held within 60 days from the date of the applicant's
request and the payment of all applicable fees, unless the applicant
has agreed in writing to an extension of time.
C.
Upon the filing with the Township of a request or application for
hearing before the Board, or for any action which requires a hearing
by the Board, the Township shall give the following notices:
(1)
Public notice. The Township shall advertise such hearing in
a newspaper of general circulation for two consecutive weeks, the
first notice being not more than 30 days and the second notice being
no less than seven days prior to the date of the hearing. The first
notice shall be at least seven days prior to the second notice.
(2)
Post in a conspicuous place or places on the affected property
written notice of the hearing at least seven days prior to the hearing.
(3)
Give written notice to the applicant and the Zoning Officer
of the time and date of the hearing.
(4)
Give written notice to adjoining property owners, including
owners of properties across public streets from the property in question,
and to such other persons as the Zoning Officer shall determine under
the particular circumstances are appropriate, including any person
who has made a request for such notice prior to the date on which
notices shall be sent out.
D.
The Board of Supervisors may by resolution establish reasonable fees,
based on cost, to be paid by the applicant and by persons requesting
any notice not required by ordinance.
E.
The hearings shall be conducted by the Board, or the Board may appoint
any member as a Hearing Officer. The decision, or, where no decision
is called for, the findings, shall be made by the Board, but the parties
may waive decision or findings by the Board and accept the decision
or findings of the Hearing Officer as final.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
G.
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda or other materials unless the parties are
afforded an opportunity to contest the material so noticed and shall
not inspect the site or its surroundings with any party or his representative
unless all parties are given an opportunity to be present.
H.
Hearings shall be further conducted pursuant to the requirements
of § 908 of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10908, which are in effect at the time of the
hearing, including the length, timing and order of such hearings.
2.
Representation; Statements. Parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the Board, and any other person including civic or
community organizations permitted to appear by the Board. The Board
shall have the power to require that all persons who wish to be considered
parties enter appearances in writing on forms provided by the Board
for that purpose.
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The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
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Statements are to be made in the following order or as the Chairman
may direct:
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3.
Witnesses. The Chairman or acting chairman of the Board or the hearing
officer presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
4.
Decision Procedure. The Board or the hearing officer, as the case
may be, shall render a written decision or, when no decision is called
for, make written findings on the application within 45 days after
the last hearing before the Board or Hearing Officer. Each decision
shall be accompanied by findings of fact and conclusions based thereon
together with the reasons therefor. Conclusions based on any provisions
of the MPC or of any ordinance, rule or regulation, shall contain
a reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in light of the facts found. If the hearing
is conducted by a Hearing Officer, and there has been no stipulation
that his decision or findings are final, the Board shall make his
report and recommendations available to the parties and the parties
shall be entitled to make written representations thereon to the Board
prior to final decision or entry of findings and the Board's decision
shall be entered no later than 45 days after the decision of the Hearing
Officer. Where the Board has power to render a decision and the Board
or the Hearing Officer, as the case may be, fails to render the same
within the period required by this subsection, the decision shall
be deemed to have been rendered in favor of the applicant unless the
applicant has agreed in writing to an extension of time.
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A copy of the final decision or, where no decision is called
for, of the findings, shall be delivered to the applicant personally
or mailed to him no later than the day following its date. To all
other persons who have filed their name and address with the Board
not later than the last day of the hearing, the Board shall provide
by mail or otherwise, brief notice of decision or findings and a statement
of the place at which the full decision or findings may be examined.
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Whenever the Board imposes a condition or conditions with respect
to the granting of an application or appeal, this condition must be
stated in the order of the Board and in the permit issued pursuant
to the order by the Zoning Officer. This permit remains valid only
as long as the condition or conditions upon which it was granted or
the conditions imposed by this chapter are adhered to.
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5.
Records. The Board or the hearing officer, as the case may be, shall
keep a stenographic record of the proceedings, and a transcript of
the proceedings and copies of graphic or written material received
in evidence shall be made available to any party at cost.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2001-7, 9/6/2001, § 3;
and by Ord. 2002-8, 12/9/2002, § 8]
1.
Filing of Variance. An application may be made to the Zoning Hearing
Board for a variance where it is alleged that the provisions of the
Zoning Ordinance inflict unnecessary hardship upon the applicant.
The application must be on a form provided for that purpose by the
Zoning Officer. It must be filed within the Board and copies given
to the Zoning Officer and Township Planning Commission. The applicant
must provide all the information requested on the form, together with
any other information and data that may be required to advise the
Board on the variance, whether such information is called for by the
official form or not.
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Unless otherwise specified or extended by the Board, a variance
authorized by it expires if the applicant fails to obtain a building
permit or use certificate within six months from the date of authorization
of the variance.
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2.
Referral to Planning Commission. All applications for a type-of-use
variance shall be referred to the Planning Commission for a report.
3.
Standards for Variances. Where there is unnecessary hardship, the
Board may grant a variance in the application of the provisions of
this chapter provided that the following findings are made where relevant
in a given case:
A.
There are unique physical circumstances or conditions including (1)
irregularity, narrowness, or shallowness of lot size or shape, or
(2) exceptional topographical or other physical conditions peculiar
to the particular property, and are not due to circumstances or conditions
generally created by the provisions of the Zoning Ordinance in the
neighborhood or zone in which the property is located.
B.
Because of these physical circumstances or conditions, the property
cannot reasonably be used in strict conformity with the provisions
of the Zoning Chapter.
C.
The unnecessary hardship has not been created by the appellant.
D.
The variance, if authorized, will not alter the essential character
of the neighborhood or zone in which the property is located, nor
substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
E.
The variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
4.
Conditions. In granting any variance, the Board may attach such reasonable
conditions and safeguards as it considers necessary to implement the
purposes of this Zoning Chapter.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 3/6/1980B, §§ VII —
XII; by Ord. 11/5/1981, § VIII; by Ord. 11/3/1983, §§ VII,
VIII, X, XI and XII; by Ord. 6/--/1985, §§ III and
IV; by Ord. 7/7/1988; by Ord. 1995-7, 9/7/1995, §§ 33 —
39; by Ord. 1996-6, 7/3/1996, § 19; by Ord. 1997-13, 10/2/1997, §§ 4,
5; by Ord. 1997-14, 11/6/1997, § 10; by Ord. 2000-9, 11/9/2000, § 25;
by Ord. 2001-4, 5/3/2001, § 5; by Ord. 2001-7, 9/6/2001, §§ 2 —
4; by Ord. 2002-8, 12/9/2002, §§ 10 — 12; by
Ord. 2004-11, 9/2/2004, § 6; by Ord. 2006-5, 5/4/2006, § 7;
and by Ord. 2016-1, 1/4/2016]
1.
Filing of Special Exception.
A.
For any use permitted by special exception, a special exception must
be obtained from the Zoning Hearing Board. In addition to the information
required on the use certificate application, the special exception
application must show:
B.
Unless otherwise specified or extended by the Zoning Hearing Board,
a special exception authorized by the Board expires if the applicant
fails to obtain, where required to do so, a building permit or use
certificate within six months of the date of the authorization of
the special exception or fails to complete the work in the six months
next following the issuing of the building permit, excepting that
in cases where the granting of a building permit or use certificate
must be preceded by Township approval of a subdivision or land development
plan, the special exception authorized by the Board expires, if:
(1)
The applicant fails to file with the Township a preliminary
subdivision or land development plan meeting applicable subdivision
and zoning requirements within six months of the date of the authorization
of the special exception.
(2)
Fails to file with the Township a final subdivision or land
development plan meeting applicable subdivision and zoning requirements
within six months of the date of the approval by the Township of the
preliminary plan.
(3)
Fails to obtain a building permit or use certificate within
six months of the date of the approval by the Township of the final
plan.
(4)
Fails to complete the work within one year of the issuing of
the building permit.
2.
Temporary Special Exceptions. A temporary special exception must
be obtained from the Zoning Hearing Board for any nonconformity which
is or will be seasonal or is or will be in the public interest. The
Zoning Hearing Board may grant a temporary special exception for a
nonconforming use or structure, existing or new, which:
A.
Is beneficial to the public health or general welfare.
B.
Is necessary to promote the proper development of the community.
C.
Is seasonal in nature.
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The temporary special exception may be issued for a period not
exceeding one year, and may be renewed for an aggregate period not
exceeding three years. The nonconforming structure or use must be
completely removed upon the expiration of the special exception without
cost to the Township.
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3.
Referral to Planning Commission. All applications for a special exception
shall be referred to the Township Planning Commission for a recommendation.
4.
Conditions. The Zoning Hearing Board, in passing upon special exception
applications, may attach conditions considered necessary to protect
the public welfare and the Comprehensive Plan, including conditions
which are more restrictive than those established for other uses in
the same zone.
5.
Application of Extent-of-Use Regulations. The extent-of-use regulations
as set forth in this chapter must be followed by the Zoning Hearing
Board. Where no extent-of-use regulations are set forth for the particular
use, the Board may impose extent-of-use requirements as necessary
to protect the public welfare and the Comprehensive Plan.
6.
General Standards. A special exception may be granted when the Zoning
Hearing Board finds by a preponderance of the evidence produced at
the hearing:
A.
That the proposed use, including its nature, intensity and location,
is in harmony with the orderly and appropriate development of the
zone.
B.
The specific requirements elsewhere in this chapter with respect
to the proposed use and/or its location will be met.
C.
The use of adjacent land and buildings will not be discouraged and
the value of adjacent land and buildings will not be impaired by the
location, nature and height of buildings, walls and fences.
D.
The use will have proper location with respect to existing or future
streets giving access to it, and will not create traffic congestion
or cause industrial or commercial traffic to use the residential streets.
E.
The specific standards set forth for each particular use for which
a special exception may be granted have been met.
F.
If connection to an existing public water supply system is proposed,
the applicant must submit an agreement committing the public water
supply system to provide such water as will be utilized by the proposed
special exception use for such period of time and under such terms
and conditions as the public water supply system provides water service
elsewhere in its service area. If the water supply system proposed
involves the utilization of water obtained from the tract proposed
for the location of the special exception use or from a nearby tract,
the applicant must establish that the groundwater recharge on the
tract where the water supply system is located, after development,
computed during drought conditions (periods when the precipitation
is 40% below normal) will exceed projected water usage. The Zoning
Hearing Board may require as a condition of approval that the applicant
execute an agreement with the Township committing the proposed special
exception use not to utilize more groundwater on a daily basis than
the groundwater recharge computed during drought conditions and to
establish procedures pursuant to which usage can be verified.
G.
The applicant must establish that the drainage requirement of § 27-311 of this chapter will be complied with.
H.
The applicant must establish that adequate provision can and will
be made to dispose of the sewerage created by the proposed use consistent
with the requirements set forth in the regulations promulgated by
the Pennsylvania Department of Environment Protection and with the
requirements of the Township Sewage Permit Ordinance.
The applicant for a special exception shall have the burden
of proof, which shall include the burden of going forward with the
evidence and the burden of persuasion on all questions of fact which
are to be determined by the Zoning Hearing Board.
7.
Specific Standards. In addition to the general standards for all special exceptions as contained in § 27-504, Subsection 6, the following specific standards for particular uses must be met prior to the granting of a special exception:
A.
Agricultural Society. In an A Zone and subject to the requirements
of that zone except as herein modified and provided:
B.
Airstrip, Airport. In an I Zone and subject to the requirements of
that zone except as herein modified and provided:
(1)
Lot area: 10 acres minimum.
(2)
The approach zone to any of the proposed runways or landing
strips shall be in accordance with the regulations of applicable federal
and/or state agencies.
(3)
There shall be no existing flight obstructions such as towers,
chimneys or other tall structures or natural obstructions outside
of the airport and located within the proposed approach zones.
(4)
Any building, hanger or structure shall be located a sufficient
distance away from the landing strip in accordance with the recommendations
of applicable federal and/or state agencies.
(5)
Building heights in airport approach zones shall be limited
to provide a clear glide path from the end of the usable landing strip.
The glide path shall be a plane surface laid out in accordance with
the operating characteristics of the aircraft for which the airport
is designed. The first 500 feet of the glide path shall be wholly
within the airport property.
C.
Animal Hospital or Commercial Kennel. In A and C Zones subject to
the requirements of the zone in which located except as herein modified
and provided:
D.
Antique Sales. In an A Zone and subject to the requirements of that
zone except as herein modified and provided:
E.
Automobile Dismantling Plant, Junkyard. In an I Zone subject to the
requirements of the zone in which located except as herein modified
and provided:
(1)
Lot area: five acres minimum.
(2)
Lot width: 300 feet minimum.
(3)
Setbacks-any area used for this purpose must be at least 75
feet from any property line and 100 feet from any street line.
(4)
The area to be used must be completely enclosed with a six-foot
high fence so constructed as not to have openings greater than six
inches in any direction.
(6)
Must have access on an arterial street or collector street as
designated in the Township Comprehensive Plan.
F.
Cemetery. In an A or Cv Zone subject to the requirements of the zone
in which located except as herein modified and provided:
(1)
All burial plots or facilities shall be located at least 150
feet from all existing dwellings.
G.
Club Room, Meeting Hall. In a Cv Zone and subject to the requirements
of that zone except as herein modified and provided:
H.
Convalescent Home. In an R Zone and subject to the requirements of
the zone in which located except as herein modified and provided:
(1)
Lot area: 30,000 square feet.
(2)
Maximum density: one bed per 1,500 square feet of lot area.
(3)
Lot width: 150 feet.
(4)
Side setback: 30 feet.
(5)
Suitable screen planting may be required by the Zoning Hearing
Board in order to screen the use from view from adjoining properties.
(6)
Building coverage: 15% maximum.
(7)
Access must be on an arterial street or collector street as
designated in the Township Comprehensive Plan.
I.
Expansion of a Nonconformity. In any zone and subject to the requirements
of that zone except as herein modified and provided:
(1)
The expansion of the nonconformity shall be confined to the
lot on which it is located on the effective date of this chapter or
any amendment thereto creating the nonconformity.
(2)
The total of all such expansions or alterations of use shall
not exceed an additional 35% of the area of those buildings or structures
devoted to the nonconforming use as they existed on the date on which
such buildings or structures first became nonconformities.
(3)
Provision for access drives, off-street parking and off-street
loading shall be consistent with standards required by this chapter.
(4)
Provision for yards, building height and building area shall
be consistent with standards required for permitted uses in the zone
in which the nonconformity in question is located.
(5)
Appearance should be harmonious with surrounding properties.
This feature includes but is not limited to, landscaping, enclosure
of principal and accessory uses, height control, sign control, architectural
control and maintenance in good condition of all improvements and
open spaces.
(6)
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to,
fences, walls, plantings and open spaces.
(7)
The expansion shall not create new dimensional nonconformities
or further increase existing dimensional nonconformities.
J.
Gasoline Station. In C and I Zones and subject to the requirements
of the zone in which located except as herein modified and provided:
(1)
Buildings must be set back as least 40 feet from the street
line.
(2)
Pumps must be set back at least 15 feet from the street line.
(4)
Except along access drives, a concrete curb eight inches in
height must be placed along all street right-of-way lines.
(5)
All lights shall be diverted toward the gasoline station or
downward on the lot.
(6)
No outdoor stockpiling of tires or outdoor storage of trash
is permitted. An area enclosed by a wall or fence, screened from view
of adjoining properties, shall be provided whenever outdoor storage
is required. No materials may be stored so as to create a fire hazard.
(7)
At least 10% of the lot on which the gasoline station is situated
must be devoted to landscaping.
K.
General Manufacturing. In an I Zone and subject to the requirements
of that zone except as herein modified and provided:
(1)
Lot area: three acres minimum.
(2)
Lot width: 250 feet minimum.
(3)
Setbacks: all buildings must be set back as least 50 feet from
any property line and 100 feet from a street line.
(4)
Access must be on an arterial street or collector street. Traffic
entrances and exits shall be far enough from residential dwellings
so that truck noise and vibration will be minimized.
(5)
A buffer yard 150 feet wide must be located on the site in all
instances where the site adjoins an R or A Zone. The buffer yard shall
be naturally landscaped, have no impervious cover and shall not be
used for building, parking loading or storage.
L.
Hospital. In an R Zone and subject to the requirements of the zone
in which located except as herein modified and provided:
(1)
Lot area: four acres.
(2)
Lot Width: 300 feet.
(3)
Setbacks: no portion of a building shall be within 50 feet of
a lot line or street line.
(4)
The required parking shall not be permitted in the front yard
area.
(5)
The required green area shall be located so as to maximize landscaping
features, screening for residents of neighboring areas and to achieve
a general effect of openness.
(6)
Access must be on an arterial street or collector street as
designated in the Township Comprehensive Plan.
M.
Industrial Park. In an I Zone and subject to the requirements of
that zone except as herein modified and provided:
(1)
Lot area: 10 acres minimum.
(2)
Lot width: 300 feet minimum.
(3)
All buildings must be set back at least 50 feet from any property
line and 100 feet from a street line.
(4)
Access must be on an arterial street or collector street. Traffic
routes and exits shall be far enough from houses so that truck noise
and vibration will be minimized.
(5)
A buffer yard 150 feet wide must be provided on the site in
all instances where the site adjoins an R or A Zone. The buffer yard
shall be naturally landscaped, have no imperious cover and shall not
be used for building, parking, loading or storage purposes.
(6)
Appearance should be harmonious with adjoining properties. This
feature includes but is not limited to, landscaping, enclosure of
principal and accessory uses, height control, sign control, building
coverage and architectural controls.
N.
Kennel. Where permitted, this use is subject to the following:
(1)
A minimum lot area of five acres must be provided.
(2)
Unless in the Industrial Zone, no kennel may house more than
15 animals over six months of age.
(3)
The kennel must be located at least 1,000 feet from any dwelling
owned by someone other than the owner of the kennel.
(4)
The kennel must be located at least 1,000 feet from any area
that could consistent with the provisions of this chapter be approved
as a location for a dwelling on property owned by someone other than
the applicant.
(5)
Adequate disposal of animal waste must be provided in a manner
that will not create a public health hazard or a nuisance.
(6)
If the kennel involves animals belonging to others being boarded,
such animals must be either domestic canines or domestic felines.
(7)
The operation of a kennel must be in accordance with Pennsylvania
law governing the same, to wit, Title VII, Pa. Code, § 21,
et seq. Prior to the granting of any special exception or use certificate
the applicant shall provide the Zoning Hearing Board with proof of
compliance with such regulations.
(8)
The kennel shall have enclosed fencing of eight feet (or six
feet inverted) of all areas used for animal exercise, training or
any activity during kenneling with potential of the animal being loose
or getting free from kennel personnel restraint.
(10)
Fence or hedge screen planting as required by the Zoning Hearing
Board, if appropriate.
O.
Mobile Home Park. In an R Zone and subject to the requirements of
that zone as herein modified and provided:
(1)
The minimum tract area shall be 10 acres.
(2)
Public sewer and public water approved by the Pennsylvania Department
of Environmental Protection must be utilized, and each lot must be
not less than 7,500 square feet in area and not less than 50 feet
wide at the building setback line.
(3)
Regardless of lot size, the side yard distances measured from
outside each mobile home to the lot line shall not be less than 30
feet in total and no one side yard distance less than 12 feet. Front
yards shall not be less than 20 feet and rear yards shall not be less
than 10 feet and in no case shall the distance between any two mobile
homes be less than 30 feet.
(4)
The Zoning Hearing Board may require suitable screen planting,
or may restrict the proximity of mobile homes or other improvements
to adjoining properties, or may attach such other conditions or safeguards
to the use of land for a mobile home park as the Board may deem necessary
to protect the general welfare.
(5)
A mobile home park and extension thereof shall also comply with
all applicable state and/or municipal regulations now in effect or
hereafter enacted.
P.
Outdoor Recreational Establishment. In Cv and C Zones subject to
the requirements of the zone in which located except as herein modified
and provided:
(1)
Lot area: as stated in the applicable zone but in no case less
than one acre.
(2)
Lot width: as stated in the applicable zone but in no case less
than 200 feet.
(3)
Setbacks: in a Cv Zone the area to be used for recreational
purposes must be set back at least 50 feet from any property or street
line.
(4)
In the Cv Zone the use must have access on an arterial street
or collector street as designated in the Township Comprehensive Plan.
(5)
Where an outdoor recreational use, other than a golf course,
adjoins a Residential Zone, trees or shrubs must be planted on the
site of this use so as to form an effective visual barrier between
the outdoor recreational use and adjoining residential properties.
Q.
Public Buildings and Facilities. In R and Cv Zones and subject to
the requirements of the zone in which located except as herein modified
and provided:
(1)
Setbacks: as specified in the zone in which located, provided,
however, that no setback (front, side, or rear) is less than 35 feet.
(2)
Consideration shall be given to traffic problems. If the nature
of the public building or facility is such that it will generate a
high volume of vehicular traffic, then access should be via an arterial
or collector street as designated in the Township Comprehensive Plan.
R.
Public Utility Building. In R and I Zones and subject to the requirements
of the zone in which located except as herein modified and provided:
(1)
Side setback: as stated in the applicable zone but in no case
less than 30 feet.
(2)
Unhoused equipment shall be enclosed with fence or wall not
less than six feet in height, which shall be so constructed as not
to have openings holes or gaps larger than six inches in any dimension.
(3)
Housed equipment: when the equipment is totally enclosed within
a building, no fence or screen planting shall be required and the
yard shall be maintained in conformity with the district in which
the facility is located.
(4)
Screen planting in R Zone: the required fence for unhoused equipment
shall be surrounded by evergreen plantings.
(5)
In residential zones, the permitted public facilities shall
not include the storage of vehicles or equipment used in the maintenance
of any utility and no equipment causing unreasonable noise, vibration,
smoke, odor or hazardous effect shall be installed.
S.
Rooming House, Multi-Family Conversion. In an R Zone and subject
to the requirements of that zone except as herein modified and provided:
T.
School; Non-Public and Non-Profit. In R Zones subject to the requirements
of the zone in which located except as herein modified and provided:
U.
Solid Waste Disposal Facility. In an I Zone and subject to the requirements
of that zone except as herein modified and provided:
(1)
Lot area: 20 acres minimum.
(2)
Lot width: 300 feet.
(3)
No refuse shall be deposited and no building or structure shall
be located within 200 feet of the nearest property line.
(4)
The area being used must be completely surrounded by a six-foot
high fence so constructed that no opening will be greater than six
inches in any dimension.
(5)
Must comply with applicable requirements of the Pennsylvania
Department of Environmental Protection.
V.
Trap, Skeet, Rifle or Archery Range. In a Cv Zone and subject to
the requirements of that zone except as herein modified and provided:
W.
Child Day Care Center. In passing upon a special exception application
for a child day care center, the Zoning Hearing Board must require
the following:
(1)
The facility shall obtain a certificate of license or approval
from the Pennsylvania Department of Public Welfare or other state
agency having jurisdiction over the supervision of day care facilities
and shall provide a copy of such certificate to the Township.
(2)
There must be at least one caregiver present at the child day
care center at all times for each four children at the facility under
one year of age, one caregiver present at the child day care center
at all times for each five children one year to two years in age,
one caregiver present at the child day care center at all times for
each six children between the ages of two and three and there must
one caregiver present at the child day care center at all times for
each 10 children over three years of age.
(3)
There must be an outdoor play area which must be fenced sufficiently
to preclude children from escaping the intended play area. Such outdoor
play area must not be less than 65 square feet for each enrolled child
over the age of two.
(4)
No portion of a residence may be used as a child day care center
and no portion of a child day care center may be used as a residence.
(5)
There must be one parking space for each employee of the child
day care center and an off-street area where children can be dropped
off and picked up.
(6)
The location of the child day care center must meet all of the
requirements of this chapter regarding the location of buildings.
(7)
If the child day care center is to be located in any zone other
than the Commercial Zone or the Industrial Zone, it must be located
in a building which was in existence on January 1, 1995 or in a building
which either:
X.
Nursery School. In passing upon a special exception application for
a nursery school, the Zoning Hearing Board must require the following:
(1)
That the location of the nursery school meets all of the requirements
of this chapter regarding the location of buildings.
(2)
That in the event the facility requires certification and/or
licenses from federal or state agencies to permit its operation, the
applicant must establish he has secured or will be able to secure
such certifications and licenses.
(3)
No portion of a residence may be used as a nursery school and
no portion of a nursery school may be used as a residence.
(4)
If the facility is to be located in the Industrial Zone or the
Commercial Zone, there must be a fenced play area.
(5)
If the nursery school is to be located in any zone other than
the Commercial Zone or the Industrial Zone, it must be located in
a building which was in existence on January 1, 1995 or in a building
which either:
Y.
Adult Entertainment Facilities.
(1)
In passing upon a special exception application for an adult
entertainment facility, the Zoning Hearing Board shall require the
following:
(a)
Adult entertainment facilities shall be permitted only in the
Industrial (I) Zone.
(b)
Adult entertainment facilities shall not be permitted to be
located within 1,000 feet of either other adult entertainment facilities
or of any public or private school, child day-care center, nursery
school, public recreation facility or any church or other house of
worship.
(c)
No materials, merchandise, film, videotape or any other item
offered for sale, rent, lease, loan or view upon the premises, or
advertising same, shall be exhibited, displayed or visible outside
of the building or structure.
(d)
Any building or structure used or occupied as an adult entertainment
facility shall be windowless or have an opaque covering over all windows
or doors, or any area in which materials, merchandise, film or persons
could otherwise be visible from outside the building or structure.
(e)
No sign shall be erected or placed upon the premises depicting
or giving a visual representation of the type of materials, merchandise,
film, videotape or entertainment offered therein.
(f)
Each entrance to the premises shall be posted with a notice
of at least four square feet specifying that the structure is an adult
entertainment facility, and that persons under the age of 18 years
are not permitted to enter therein, and warning all other persons
that the building contains sexually explicit material.
(g)
The applicant, if an individual, must be at least 18 years of
age. If the applicant is other than an individual, the applicant must
provide the names and addresses of all partners, corporate officers,
or any individual who has an interest of 10% or greater in the business.
(h)
The applicant must provide a sketch or diagram showing the floor
plan of the premises, including the total floor space, and the location
of the building on the lot.
(i)
The adult entertainment facility shall comply with all other
Township ordinances, or federal, state or county requirements.
(2)
Once a special exception has been granted by the Zoning Hearing
Board, an applicant shall apply to the Zoning Officer for a permit.
(a)
Any person who operates an adult entertainment facility without
a valid permit issued by the Township is in violation of the Zoning
Ordinance.
(3)
Issuance of Permit. The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application which complies with Subsection 7Y(2), above, unless he or she finds one or more of the following:
(a)
An applicant is under the age of 18 years of age.
(b)
An applicant or his or her spouse is overdue in their payment
to the Township of taxes, fees, fines or penalties assessed against
him or her in relation to an adult entertainment facility, or the
property on which it is or is to be located.
(c)
An applicant has failed to provide information reasonably necessary
for the issuance of the permit, or has falsely answered a question
or request for information on the application form.
(d)
An applicant is residing with or married to a person who has
been denied a permit by the Township to operate an adult entertainment
facility within the preceding 12 months, or is residing with a person
whose licensed to operate an adult entertainment facility has been
revoked within the preceding 12 months.
(e)
The premises to be used for the adult entertainment facility
are not in compliance with this Zoning Ordinance or any other ordinance
of the Township.
(f)
The permit fee required by this Zoning Ordinance has not been
paid.
(g)
An applicant of the proposed establishment is in violation of
or is not in compliance with any of the provisions of the Zoning Ordinance.
(h)
An individual applicant or any individual holding a direct or
indirect interest of more than 10% of a corporate applicant, or any
of the officers or directors of a corporate applicant, or any of the
partners, including limited partners of a partnership, or the manager
or other person in charge of the operation of the business, has or
have been convicted of an offense involving sexual misconduct within
the Commonwealth of Pennsylvania, including, but not limited to, prostitution,
obscenity and possession of child pornography, or has or have been
convicted of any offense in any jurisdiction other than the Commonwealth
of Pennsylvania that would have constituted an offense involving sexual
misconduct if committed within the Commonwealth of Pennsylvania, within
two years of the date of the application in the event of a misdemeanor,
and within five years of the date of an application in the event of
a felony.
(i)
The proposed activities violate any federal or state law regarding
sexual conduct, sexually explicit nudity, obscenity or pornography.
(j)
If the Zoning Officer or Codes Enforcement Officer denies a
license, or denies the renewal of a license, the applicant shall not
be issued a permit for one year from the date of denial, except that
the applicant can reapply after he or she has corrected or cured the
defects which caused the denial.
(4)
A permit, if granted, shall state on its face the name of the
person or persons to whom it is granted, the expiration date, and
the address of the adult entertainment facility. The permit shall
be posted in a conspicuous place at or near the entrance to the adult
entertainment facility so that it may easily be read at any time.
(5)
Each permit shall be for a period of one year, and shall be
renewable on an annual basis, and shall be renewable only upon application
by the applicant, and must at the time of application comply with
all of the conditions of this section.
(6)
The applicant shall pay an annual fee for the adult entertainment
facility in the amount as established, from time to time, by resolution
of the Board of Supervisors.
(7)
Inspection. An applicant or permittee shall permit representatives
of the Township, including the Zoning Officer, Codes Enforcement Officer,
or other designated Township officials, and representatives of the
police department serving the Township, to inspect the premises of
an adult entertainment facility for the purpose of ensuring compliance
with this Zoning Ordinance and the law at any time that the adult
entertainment facility is occupied and open for business. A failure
or refusal to permit such inspection shall be the basis for revocation
or suspension of the permit, and shall constitute a violation of this
chapter.
(8)
Suspension or revocation of permit.
(a)
The Zoning Officer shall suspend a permit for a period not to
exceed 30 days if he determines that a permittee or an employee of
a permittee has:
1)
Violated or is not in compliance with any section of the Zoning
Ordinance.
2)
Engaged in excessive use of alcoholic beverages while on the
adult entertainment facility's premises.
3)
Refused to allow an inspection of the adult entertainment facility
premises as permitted by this section.
4)
Knowingly permitted gambling by any person on the adult entertainment
facility premises.
(b)
Revocation of permits. The Zoning Officer shall revoke a permit
if he or she determines that a permittee or an employee of a permittee
has:
1)
Been arrested for or charged with violating any law of me Commonwealth
of Pennsylvania relating to sexual conduct, sexually explicit nudity,
obscene material or pornography, or the Liquor Code, or the Pennsylvania
Crimes Code relating to gambling, on the premises of the adult entertainment
facility.
2)
Such revocation shall be rescinded and the permit shall be reinstated
in the event that the permittee or employee of a permittee is adjudicated
or adjudged not guilty of such offense or is placed in the accelerated
rehabilitative disposition program.
3)
A permit shall be revoked if a cause for suspension occurs,
and the permit has been suspended or revoked within the preceding
12 months.
5)
A revocation shall continue for one year, and the permittee shall not be issued an adult entertainment facility permit for one year from the date revocation became effective, except in the case of a revocation for conviction of a misdemeanor as described in Subsection 7Y(3)(h), in which case the revocation shall be effective for two years, or a felony, as set out in Subsection 7Y(3)(h), in which case the revocation shall be for five years.
(9)
Remedies. In addition to remedies for violation of this Zoning
Ordinance, a person who operates or causes to be operated an adult
entertainment facility without a valid permit, or in violation of
this Zoning Ordinance, may be subject to an action in equity or a
suit for injunction, or such other actions as shall be permitted by
law, at the discretion of the Township.
Z.
Bed and Breakfast Inn.
(1)
The bed and breakfast inn shall be operated only by members
of the immediate family of the owner residing in the dwelling unit
where the bed and breakfast inn will be located and a maximum of one
non-resident employee.
(2)
Only short-term overnight lodging shall be permitted. Maximum
guest stay shall be limited to 14 consecutive days and to 14 days
in each calendar month.
(3)
The character or external appearance of the dwelling unit must
be that of a dwelling.
(4)
The bed and breakfast inn may not involve any dimensional alterations
to an existing building, use of any building constructed or placed
after May 3, 2001, or construction or placement of any new building,
except that such alteration, enlargement or construction shall be
permitted if such building after alteration, enlargement or construction
does not have a ground floor area in excess of 2,000 square feet and
is not more than three stories high. This limitation shall not apply
if the building is at least 500 feet from any neighboring residence.
AA.
Commercial Wireless Telecommunications Service Facility.
(1)
Purpose. The purpose of this subsection is to regulate the placement,
construction and modification of commercial wireless telecommunications
service facilities in order to protect the health, safety and welfare
of the public, while at the same time not unreasonably interfering
with the development of the competitive wireless telecommunications
marketplace within the Township.
(2)
Applications. In addition to any other requirements prescribed
by this chapter and/or the Hopewell Township Subdivision and Land
Development Ordinance, applications for the establishment of a commercial
wireless telecommunications service facility shall include, at a minimum,
the following information:
(a)
The name, address and telephone number of the owner and lessee
of the parcel of land upon which the facility is to be situated. If
the applicant is not the owner of the property, written documentation
that the owner of the property has agreed to grant use of the property
for the proposed facility shall be included.
(b)
The name, address and telephone number of all owners, and location
of other such facilities within the service area of the proposed facility,
including Township owned property.
(c)
Documentation, signed by an engineer licensed in the State of
Pennsylvania, that the facility is designed in accordance with all
applicable building codes, in addition to all other state and federal
laws and regulations applicable thereto.
(d)
A written agreement between the property owner and the applicant
confirming that when a commercial wireless telecommunications service
facility becomes abandoned, obsolescent, ceases to be used for six
consecutive months, or upon expiration of its lease, it shall be taken
down and removed from the premises within six months of its abandonment,
obsolescence or cessation of use.
(3)
Visual Impact Analysis. The applicant shall provide a visual
impact analysis for any proposed commercial wireless telecommunications
service facility or for any proposed modification to an existing commercial
wireless telecommunications service facility that causes a change
in height in excess of 30 feet from its original permitted height.
The analysis shall consist of a written report assessing the cumulative
impacts of the proposed facility, and shall identify all feasible
mitigation measures necessary to eliminate or minimize any perceived
visual impact by the proposed structure. Mitigation measures shall
be consistent with the technological requirements and capabilities
of the applicant. The Zoning Hearing Board shall review and consider
all information presented in the report. The report shall include,
but not be limited to, the following:
(a)
A photograph simulation of pre-development versus post-development
views from key viewpoints, as established by the Township Zoning Officer,
and may include areas both inside and outside the Township.
(b)
An analysis of alternative tower structure design (including
height variations) and color schemes.
(c)
An analysis of the visual impact of the facility base, accessory
buildings, tower, antennae and overhead utility lines from abutting
properties and streets.
(4)
Co-location. In keeping with the purposes of this subsection,
the Township encourages co-location of providers on a single tower
to both maximize the availability of telecommunications services,
and to minimize the aesthetic and other impacts on the citizens of
the Township. Therefore, the applicant shall with the application
provide an affidavit from a qualified and authorized representative
of the applicant attesting to the fact that the applicant has made
diligent, but unsuccessful, efforts to receive permission to install
or co-locate the proposed facility on another service provider's service
facility within the service area, and that the proposed site is, therefore,
of practical necessity for the applicant. Such written affidavit shall
detail the facts supporting the conclusion, the efforts made by or
on behalf of the applicant, and the reasons why such efforts were
unsuccessful.
(5)
Land development. In addition to the requirements of this Zoning
Chapter, prior to the issuance of any land use or building permits
required by this or any other Township ordinance, and prior to commencement
of construction, the applicant shall file a land development plan
with the Township, if the applicant is leasing a portion of a larger
tract. If the applicant is seeking to obtain ownership, including
a lease with an option to purchase, a portion of a tract less than
the whole tract, he shall in addition file a subdivision and land
development plan. All such plans shall comply with the Hopewell Township
Subdivision and Land Development Ordinance.
(6)
Size and ownership of site.
(a)
If the proposed commercial wireless telecommunications service
facility site is to be leased only for the time period in which the
facility is in operation, then the minimum site area shall be only
as large as is necessary to meet the required setback, off-street
parking areas and other applicable provisions of this subsection.
(b)
If the proposed commercial wireless telecommunications service
facility site is to be subdivided as a separate lot, then the minimum
lot area and dimensions shall be of sufficient size that, in the event
of discontinuance of said use, the subdivided lot will meet all minimum
requirements for permitted uses in the Zoning District in which it
is located, including but not limited to all required street frontage,
area and dimensional requirements, whether public or private.
(7)
Use of Existing Structures. The use of existing non-residential structures, including water towers, public utility structures, recreational light fixtures and buildings, shall be encouraged where possible. Any applicant proposing to locate antennae on such a structure shall provide the Township with a written agreement from the property owner allowing the use. No zoning or land development approval shall be required where the antenna(e) extends no more than 30 feet above the existing structure; however all other applicable requirements, except Subsection 7AA(8)(b), (c), and (g), shall apply.
(8)
General Requirements.
(a)
No commercial wireless telecommunications service facility shall
be established or used within the Township until all necessary local,
state and federal approvals and permits have been secured. Copies
of these approvals and permits shall be provided to the Township.
(b)
No commercial wireless telecommunications service facility shall
be located within any required building setback, nor shall a freestanding
or guy anchored facility be located within 50 feet of any property
line. Furthermore, a freestanding or guy anchored facility shall be
set back from any residential, church or school structure a distance
at least equivalent to its height, but not less than 100 feet. All
guy wires shall be located on the same site as the commercial wireless
telecommunications service facility. Distances shall be measured from
the center of the base of the facility to the property line.
(c)
Measurement of a commercial wireless telecommunications service
facility's height shall be measured from the finished grade and shall
include the structure itself, the base pad, and any other appurtenances.
The maximum height of a commercial wireless telecommunications service
facility shall be 150 feet except in the Conservation and Agricultural
Zones, where the maximum height shall be 199 feet. In any event, the
applicant must demonstrate that the requested height is not higher
than the minimum height required to function satisfactorily in a manner
consistent with this subsection.
(d)
When located on a site as an accessory use, freestanding or
guy anchored commercial wireless telecommunications service facilities
and their related accessory structures shall be located behind the
rear of the structure housing the principal use. Vehicle access to
the tower and related accessory structures shall not interfere with
the parking or vehicular circulation provided for the principal use.
(e)
Commercial wireless telecommunications service facilities shall
be designed to accommodate three or more wireless communications providers
in order to facilitate the co-location of other service providers'
facilities.
(f)
Where a specific color pattern is not required by the Federal
Aviation Administration (FAA), commercial wireless telecommunications
service facilities shall be painted to blend or match with the surrounding
environment. The facility shall be painted green or brown from the
base of the tower to the average height of surrounding vegetation.
The facility shall be painted light blue or light gray from the average
height of surrounding vegetation to the top of the tower. Paints used
shall have a flat, matte, non-gloss, non-fluorescent finish. Alternate
color schemes may be proposed; however the color scheme for the facility
shall be subject to the approval of the Board of Supervisors as part
of the land development plan review process.
(g)
A fence or wall of eight feet in height shall be required to
encompass a freestanding or guy anchored commercial wireless telecommunications
service facility, including any associated accessory building or structure.
Access to the facility shall be through a locked gate. Except for
entrances, all fences and walls shall be screened with acceptable
landscaping and screening techniques, so that no more than 1/2 of
the surface of the fence or wall is visible from a public street or
any adjoining property within three years after erection of the facility.
All required landscaping shall be of the evergreen variety and shall
be properly maintained to ensure continuous health and vitality. Existing
vegetation shall be preserved to the maximum extent possible and may
be credited, when appropriate, towards the required screening. The
applicant shall have an ongoing obligation to maintain at least the
minimum screening required in this subsection, including, as soon
as seasonally practicable, the removal and replacement of any screening
which dies.
(h)
No advertising, logos or corporate symbols shall be permitted
on any commercial wireless telecommunications service facility or
any building or structure accessory thereto, except the minimum necessary
to identify to employees servicing the facility the ownership of any
equipment or equipment structure.
(i)
Commercial wireless telecommunications service facilities shall
be fully automated. No employee of the communications provider shall
be stationed at the site, except for periodic maintenance and inspection.
No business office, storage yard or storage building shall be constructed
or used on the site. No structures shall be permitted on the site
for any purpose other than the storage of equipment, and there shall
be no outside storage of spare parts or equipment, vehicles or any
other items.
(j)
Equipment storage shelters associated with the commercial wireless
telecommunications service facility shall not exceed a height of 15
feet, nor exceed a size of 450 square feet.
(k)
No signals or lights or other means of illumination shall be
permitted on any commercial wireless telecommunications service facility
unless required by the Federal Communications Commission (FCC) or
the Federal Aviation Administration (FAA).
(l)
Commercial wireless telecommunications service facilities shall
be separated from each other by a minimum of 1,500 feet.
(m)
No commercial wireless telecommunications service facility shall
be established as an accessory use on a property without or prior
to the establishment of a principal use.
(n)
No commercial wireless telecommunications service facility shall
disturb or diminish the radio or television or similar reception for
any adjoining property.
(o)
The equivalent of a minimum of two off-street parking spaces
shall be provided for each commercial wireless telecommunications
service facility, which spaces shall be located on the leased premises.
(p)
Commercial wireless telecommunications service facilities shall
be designed and constructed to ensure that the structural failure
or collapse of the tower will not create a safety hazard to adjoining
properties.
(r)
Notwithstanding the provisions of Subsection 7AA(8)(q), any access drive or lane may be combined with an existing farm lane, regardless of the quality of the land on which the existing farm lane is located. Such lane may be improved, but not increased in size, to provide adequate access to the site.
(s)
Both the land development plan and the lease or other agreement
between the applicant and the owner shall identify, as an easement
or right-of-way, the access drive or lane from a public road to the
facility, and that such right-of-way shall continue in existence for
the full term of the underlying lease, together with any extensions.
If the site is to be subdivided off of a larger tract, then the subdivider
shall comply with all access and road frontage requirements (including
any relating to private roads) of this chapter or the Township's Subdivision
and Land Development Ordinance.
(u)
The facility shall be located on the site in such a manner that
the facility as designed and manufactured shall not fall off of the
site, and so that no falling ice or other debris shall fall outside
of the fenced area. All support structures shall be fitted with anti-climbing
devices, as approved by the structure's engineer or manufacturer.
The Township may, in its sole discretion, retain a registered professional
engineer to review the structural design of the proposed antenna and
support structure, and testify on behalf of the Township if the Zoning
Officer requests such testimony, or if the Township Board of Supervisors
deems it appropriate. The applicant shall pay the reasonable engineering
costs for such review, in an amount to be set by the Zoning Officer
at the time of the application. Any additional cost will be billed
to the applicant prior to the issuance of any permits by the Township,
and any overpayment shall be refunded by the Township to the applicant.
(v)
The applicant must be licensed by the FCC, or alternatively
a condition of approval of the special exception shall be that the
applicant will not provide space to any entity, which is not licensed
by the FCC.
1)
Existing Structures. All commercial wireless telecommunications
service facilities existing on the effective date of this chapter
shall be allowed to continue as they presently exist. Routine maintenance,
including modifications to accommodate the co-location of an additional
user or users, shall be permitted. New construction, other than routine
maintenance or modifications to accommodate co-location, shall comply
with all requirements of this subsection.
BB.
Concentrated Animal Feeding Operation (CAFO).
(2)
An operation shall be considered a CAFO and subject to the regulations of this subsection if it involves the keeping of livestock of the type listed in the table below in excess of the numbers identified in that table, confined within a building or other enclosure as set forth in Subsection 7BB(4)(b) of this section:
|
Threshold Table for Concentrated Animal Feeding Operation
| ||
|---|---|---|
|
Sector
|
More than_____in number
| |
|
Cattle or cow/calf pairs
|
300
| |
|
Mature dairy cattle
|
200
| |
|
Veal calves
|
300
| |
|
Swine (weighting 55 pounds or over when shipped off farm)
|
750
| |
|
Swine (weighting less than 55 pounds when shipped off farm)
|
3,000
| |
|
Horses
|
150
| |
|
Sheep or lambs or goats
|
3,000
| |
|
Turkeys
|
16,500
| |
|
Laying hens or broilers (liquid manure handling system)
|
9,000
| |
|
Chickens other than laying hens (other than a liquid manure
handling system)
|
37,500
| |
|
Laying hens (other than liquid manure handling system)
|
25,000
| |
|
Ducks (other than a liquid manure handling system)
|
10,000
| |
|
Ducks (liquid manure handling system)
|
1,500
| |
(3)
A CAFO shall be designed and operated to minimize the negative
impacts on the natural environment, neighboring residents and uses,
and on Township facilities, such as public streets.
(4)
Notwithstanding the setback requirements in § 27-204, the following setbacks shall apply to all CAFOs:
(a)
All manure storage facilities, as defined in the Nutrient Management
Act, shall be located at a minimum.
1)
One hundred feet of a perennial stream, river, spring, lake,
pond or reservoir.
2)
One hundred feet of a private water well or open sinkhole.
3)
One hundred feet of an active public drinking water well, unless
other state or federal laws or regulations require a greater isolation
distance.
4)
One hundred feet of an active public drinking water source surface
intake, unless other state or federal laws or regulations require
a greater isolation distance.
5)
Two hundred feet from any property line, unless the landowners
within that distance from the facility otherwise agree and execute
a waiver in a form acceptable to the state or county regulating agencies.
6)
Two hundred feet of a perennial stream, river, spring, lake,
pond, reservoir or any water well where these facilities (except permanent
stacking and composting facilities) are located on slopes exceed 8%
or have the capacity of 1.5 million gallons or greater.
7)
Three hundred feet from any property lines where any of the
facilities (except permanent stacking and compost facilities) are
located on slopes exceeding 8%, where the slope is toward the property
line, or have the capacity of 1.5 million gallons or greater, unless
the landowners within that distance from the facility otherwise agree
and execute a waiver in a form acceptable to the state or county regulating
agencies.
8)
The strictest applicable setback requirement in this subsection
shall apply for manure storage facilities.
(b)
All buildings and open areas in which animals are kept (whether or not combined with a manure storage facility), including, but not limited to, animal confinement areas of poultry houses, horse stalls, free stall barns or bedded pack animal housing systems or similar structures (all of which shall be collectively referred to in this section as animal housing buildings), excluding manure storage facilities regulated by the Nutrient Management Act and Subsection 7BB(4)(a), shall be located at a minimum:
1)
Two hundred feet from any property line.
2)
Three hundred feet from any property lines where any of the
facilities are located on slopes exceeding 8%, where the slope is
toward the property line, or have the capacity of 1.5 million gallons
or greater.
3)
Three hundred feet from any well, whether public or private,
or water source surface intake used for human consumption in any manner.
4)
Five hundred feet from any property line of land which is in
the R, R-II or C Zones, or from any dwelling or dwelling unit not
on the property which is the subject of the application for a CAFO.
5)
Two hundred feet from any public street line or right-of-way.
6)
Three hundred feet from a park, wildlife refuge, natural resource
management area or wild land area.
(5)
Design and Location of Facilities.
(a)
Animal housing buildings shall be designed and located in relationship
to other uses on and off the property, prevailing winds and topography.
(b)
There shall be an adequate year-round supply of water, as calculated
in this subsection. If connection to an existing public water supply
system is proposed, the applicant must submit an agreement committing
the public water supply system to provide such water as will be utilized
by the proposed special exception use for such period of time and
under such terms and conditions as the public water supply system
provides water service elsewhere in its service area. If the water
supply system proposed involves the utilization of water obtained
from the tract proposed for the location of the special exception
use or from a nearby tract, the applicant must:
1)
Establish that the groundwater recharge on the tract where the
water supply system is located, after development, computed during
drought conditions (periods when the precipitation is 40% below normal)
will exceed projected water usage, as certified by a hydrologist or
hydrogeologist properly licensed as such by the Commonwealth of Pennsylvania.
2)
Provide calculations showing the amount of water needed, and
a determination of the sufficiency of the amount available at the
site as certified by a hydrologist or hydrogeologist properly licensed
as such by the Commonwealth of Pennsylvania. Such determination shall
include an on-site evaluation consisting of at least a determination
of the flow and a draw-down test of the well which will serve the
CAFO and monitoring of another well, either on or off the site, during
such testing.
The Zoning Hearing Board may require as a condition of approval
that the applicant execute an agreement with the Township committing
the proposed special exception use not to utilize more groundwater
on a daily basis than the groundwater recharge computed during drought
conditions and to establish procedures pursuant to which usage can
be verified.
(6)
Access; Travel Routes.
(a)
Vehicular access from the public street shall be adequate to
support the volume, weight, and type of vehicular traffic to the facility,
and there shall be paved areas at or approximate to the animal housing
buildings adequate to park the types, weights and sizes of vehicles
necessary to transport the animals to and from the use. For purposes
of this subsection, paving shall be adequate if it is stone of a base
and size sufficient to meet the particular requirements of the use,
and the weights, sizes and types of vehicles necessary to carry on
the use, including transporting the animals, as certified to by an
engineer, licensed by the Commonwealth of Pennsylvania, and as approved
by the Township Engineer.
(b)
Additionally the applicant shall make such improvements to the
public roads abutting the property as shall be necessary as determined
by the Township Engineer to support the vehicular traffic anticipated
for the use, including necessary turning radii into the property.
(c)
The applicant shall also set out, as part of the application,
the route which shall be used by transport vehicles for feed and delivery
and pickup of the animals. Such route shall, to extent possible, use
state roads. The Zoning Hearing Board shall set a travel route as
a condition of approval, consistent with the requirements of this
subsection).
(7)
Pollution Controls.
(a)
Proper manure management is required. This shall include facilities
to remove, store, transport, treat and/or dispose of all animal or
poultry wastes in a manner that will not be harmful to the natural
environment and so as to control odor off of the property which is
the subject of the application. Calculations of the amount of manure
to be produced, the amount of land needed for its disposal and proof
that the applicant owns or has guarantee of the use of land needed
for disposal shall be submitted, verified and approved by the Township.
Compliance with the Nutrient Management Act and the regulations as
evidenced by approval of the plan and issuance of a permit by the
Pennsylvania Department of Environmental Protection or its designee
shall constitute compliance with this subsection, provided that a
copy of such plan and permit, and any subsequent amendments to the
plan or permits, are filed with the Township.
(b)
Runoff, especially from open feed lots and manure storage areas,
shall be controlled to prevent water pollution. An NPDES permit for
a CAFO approved pursuant to 25 Pa. Code, Chapter 102, shall constitute
compliance with this subsection, provided that a copy of such permit,
and any subsequent amendments to the permit, are filed with the Township.
(c)
Adequate manure storage facilities are required so that the
operator can store manure during the winter, rather than applying
it to frozen ground, or, alternatively, dispose of manure in an otherwise
acceptable manner, such as by a daily haul. Compliance with the Nutrient
Management Act and the regulations shall constitute compliance with
this subsection, provided that a copy of such plan, and any subsequent
amendments to the plan, are filed with the Township, and provided
that the plan addresses manure storage during the winter, and prohibits
application to frozen ground.
(d)
Where applicable, documentation that the location of facilities
and manure storage facilities near floodplains complies with the Pennsylvania
Floodplain Management Act and the Hopewell Township Zoning and Subdivision
and Land Development Ordinances.
(e)
The applicant shall submit with his application for a special
exception a fly control plan proposing the use of the best available
practice or procedure for fly control both at the location of the
operation and at the ultimate disposal site for the animal waste if
within or adjacent to Hopewell Township. The applicant shall also
submit with the application for special exception a plan proposing
the use of the best available practice and procedure for preventing
or minimizing odors at the ultimate disposal site of the animal waste
if within or adjacent to Hopewell Township.
(f)
The applicant shall make provisions for the removal from the
property or sanitary disposal of dead animals within 24 hours of their
death, consistent with the stricter of all state or federal regulations,
and shall provide the Township with evidence of such compliance.
(8)
Plans Required. Detailed plans and drawings of the animal housing
buildings and manure storage facilities prepared by a registered engineer
or architect and operating procedures shall be submitted. Where calculations
are required, the source of the information on which they are based
shall be included. Such plans and drawings for consideration by the
Zoning Hearing Board shall be in sufficient detail to provide the
Zoning Hearing Board with sufficient information to act on the special
exception application. Additionally, prior to obtaining any zoning
permits pursuant to this chapter, or any other permits required by
any other federal, state, county, or Township statutes, rules, regulations
or ordinances, a land development plan in accordance with the requirements
of the Hopewell Township Subdivision and Land Development Ordinance,
and a stormwater management plan meeting the requirements of the Hopewell
Township Stormwater Management Ordinance and any other applicable
ordinances of the Township, must be submitted and approved by the
Township Board of Supervisors.
(9)
Review. The applicant shall be required to present written documentation
that:
(a)
The York County Agricultural Extension Service or appropriate
Extension Specialists at the Pennsylvania State University, or other
similar consulting agency, have reviewed and approved the design of
facilities for housing the animals and the proposed management procedures.
(b)
The York County Conservation District or other designated agency
has reviewed and approved the nutrient management plan, including
the storage and disposal of manure and contaminated run-off.
(10)
The applicant shall provide written evidence that:
(a)
The proposed operation meets all the requirements of the Pennsylvania
Clean Streams Law and any other applicable state laws, and that any
required permits have been obtained from the Pennsylvania Department
of Environmental Protection, or its designee.
(b)
An NPDES permit has been obtained from the U.S. Environmental
Protection Agency or its designee, or that such a permit is not required
for the operation; and that the requirements of any other applicable
federal and state laws and regulations have been met.
