This district has been established and the regulations
of this article enacted in support of the following purposes:
A.
To group certain types of industrial development in
those areas where they will be most appropriate from the aspects of
access to major transportation routes, including the potential for
rail access, and of minimizing impacts deleterious to the character
of the Township.
B.
To encourage the development of such uses that will
provide employment opportunities for Township residents and will supplement
the municipal tax base.
A.
Uses by right. Uses by right shall be as follows:
(2)
Heavy commercial uses within completely enclosed structures
or completely fenced areas (except that parking and loading facilities
may, but need not, be fenced), including warehousing and storage establishments,
truck and freight terminals, delivery and distribution centers and
establishments for repair of mechanical equipment and vehicles.
(3)
General industrial uses within completely enclosed
structures or completely fenced areas (except that parking and loading
facilities may, but need not, be fenced), including the storage, manufacture,
assembly, fabrication, packing, testing or other handling of products
from raw materials and/or from previously assembled or created constituent
parts.
(4)
Food-processing activities prohibited in other districts,
including animal slaughtering, rendering and meat-packing facilities,
provided that such activities are within completely enclosed structures.
(5)
Heavy commercial and general industrial uses which
are not accommodated within completely enclosed structures, including
the storage of building materials; the storage and sales of new and/or
used machinery; and the storage and sales of trucks, trailers, farm
equipment and construction equipment.
(6)
Municipal waste recycling facilities and intermediate
processing centers (IPC's) which are utilized to separate commingled
recyclable materials previously removed from the municipal waste stream
through a curbside source-separation program or where materials are
collected or processed for sale or delivery to secondary markets.
All separation and mechanical processes, including but not limited
to materials separation, crushing, compacting and baling, shall be
within a completely enclosed structure. Activities associated with
the processing, transfer, compaction or disposal of municipal solid
waste other than commingled or source-separated recyclable materials
(as established in Chapter 15 of Act 101 of 1988, the Municipal Waste
Planning, Recycling and Waste Reduction Act of the Commonwealth of
Pennsylvania, or subsequent legislation[1]) is prohibited.
[1]
Editor's Note: See 53 P.S. § 4000.1501
et seq.
(7)
Uses customarily accessory to any of the uses by right, including
but not necessarily limited to the following:
[Amended 8-26-2010 by Ord. No. 2010-01]
(a)
Retail sale of products manufactured on the premises.
(c)
Facilities for the exclusive use of the employees of a use by
right, including child-care facilities, recreational areas and facilities
and cafeterias or restaurants.
(d)
Guard houses for security personnel.
(f)
Other accessory uses and structures necessary for the conduct
of any use by right when located upon the same lot as the principal
use.
(8)
Communications antennas mounted on an existing public
utility transmission tower, building or other structure, including
existing communications towers and communications equipment buildings.
[Added 7-9-1998 by Ord. No. 1998-6]
(9)
Communications towers and communications equipment
buildings.
[Added 7-9-1998 by Ord. No. 1998-6]
B.
Uses by special exception. The following uses shall be permitted only upon approval by the Zoning Hearing Board in accordance with the provisions of § 131-105B of this chapter:
(1)
Accessory uses not located on the same lot as the
principal use but located not more than 300 feet from the principal
use lot.
(2)
Facilities for processing scrap, including automobile
shredding.
(3)
Sanitary landfills, incinerators, solid waste management facilities and transfer stations in accordance with § 131-74 of this chapter and all applicable state and federal regulations.
(4)
Growing or processing of medical marijuana, which in addition to
meeting the standards for special exceptions in this chapter must
meet the following specific requirements:
[Added 7-27-2017 by Ord.
No. 2017-1]
(a)
Permit for medical marijuana growing/processing issued by the
Pennsylvania Department of Health.
(b)
Provide a copy of the security information for the growing/processing
issued by the Pennsylvania Department of Health.
(c)
Not more than one such business or activity shall be permitted
within any one building or lot.
(d)
No such business or activity may change to another type of such
business or activity, except upon application to and approval by the
Zoning Hearing Board of such change as special exception subject to
the criteria set forth herein.
C.
Uses by condition. The following uses shall be permitted only upon approval by the Board of Supervisors in accordance with the provisions of § 131-100 of this chapter and upon compliance with the conditions noted below for each such use:
(1)
Sand pits, gravel pits, peat bogs, the removal of topsoil and all extractive operations (excepting noncoal surface mining activities as defined in Article II and regulated by Article XII, and further excepting such excavation incidental to the creation of structure foundations), subject to the following conditions:
(a)
The removal of forests or timber is prohibited
without the prior approval of the Board of Supervisors.
(b)
The proposed operation shall not adversely affect
soil fertility, drainage patterns or lateral support of abutting land
or other properties nor shall it contribute to soil erosion by water
or wind.
(c)
There shall be no operations of any kind on
Sundays or legal holidays. Within 1,000 feet of any residence, there
shall be no operation between 7:00 p.m. and 7:00 a.m., prevailing
local time.
(d)
Where any open excavation will have a depth
of 10 feet or more and a slope of more than 30%, there shall be a
substantial fence, approved by the Board of Supervisors, with suitable
gates where necessary, effectively blocking access to the area in
which such activity is located. Such fence shall be located no less
than 50 feet from the edge of the excavation. All operations shall
be screened from nearby residential uses as required by the Board
of Supervisors.
(e)
Access roads located within 100 feet of any
residential property or any residential district shall be provided
with a paved surface.
(f)
At all stages of operations, proper drainage
shall be provided to prevent the collection and stagnation of water
and to prevent harmful effects upon surrounding properties.
(g)
Prior to approval of such use, a site plan for
rehabilitation, showing both existing and proposed final contours,
shall be submitted and approved by the Board of Supervisors. After
any such operations, the site shall be made suitable for some other
use permitted in this district. Where topsoil is removed, sufficient
arable soil shall be set aside for retention on the premises and shall
be spread over the premises after the operation is terminated. Except
where lakes are created and retained, the area shall be brought to
final grade by a layer of earth with a depth equal to two feet or
the original thickness, whichever is less.
(h)
Prior to approval of such use, the owner or his agent shall execute a certified check made payable to the Township of Washington or, in lieu of such check, a bond sufficient to secure the rehabilitation of the site in accordance with the plan required by Subsection C(1)(g) above. Any such check or bond shall be approved by the Board of Supervisors as to form, sufficiency and manner of execution. The amount of such check or bond may be reduced or increased when, in the opinion of the Board of Supervisors and after a public hearing, the amount would be inappropriate to accomplish its purpose. In the event that the owner or his agent does not fulfill the conditions of the bond, the Township shall, after due notice to the operator and to his bonding or surety company and upon their failure to comply with the terms of the site plan approval, proceed to rehabilitate the premises in accordance with the plan prescribed by Subsection C(1)(g) above, either with its own forces or by contract, and shall charge the costs to the owner, his agent or his bonding or surety company.
(2)
Recycling centers, other than municipal waste recycling
facilities and intermediate processing centers, subject to the following
conditions:
(a)
All recycling centers shall be completely enclosed
with a fence having a minimum height of six feet. Such fence shall
be equipped with locking gates and shall be securely locked at all
times, except during business hours when an adult attendant shall
be on the premises.
(b)
All recyclables shall be stored temporarily,
set back at least 25 feet from all lot lines and at least 25 feet
from all public street rights-of-way.
(c)
The burning of any material is prohibited.
(d)
All recyclable material shall be arranged so
as to permit access by fire-fighting equipment and to prevent accumulation
of stagnant water. Scrapped motor vehicles shall not be stacked in
a manner which violates industry standards.
(e)
All fluids, including, but not by way of limitation,
gasoline, oil, antifreeze and refrigerant, shall be safely drained
from motor vehicles within 12 hours of their arrival on the premises.
Such drained fluids shall either be immediately removed from the premises
and disposed of in an acceptable manner or temporarily stored on the
premises in an approved hazardous waste storage container or facility.
(f)
No garbage or other organic waste shall be stored
at any recycling center.
(3)
Such other legal uses of land which are not otherwise
provided for by this chapter, subject to such conditions as the Board
shall deem appropriate or necessary.
[Amended 4-24-1997 by Ord. No. 1997-1]
Area and bulk regulations shall be as follows:
A.
Parking and loading. In addition to the parking requirements found in § 131-77 of this chapter, no parking area, loading area or driveway shall be located within 30 feet of any residential property, residential district or conservation district, including such properties and districts as may be in another municipality.
C.
Fencing of outdoor storage areas. All outdoor storage
areas shall be completely enclosed by a chain-link fence having locking
gates and a minimum height of eight feet.
D.
Sewage disposal and water supply. The method of sewage
disposal and the source of water supply must be reviewed and approved
by the Board of Supervisors. The Board of Supervisors may obtain the
assistance of the Township and County Planning Commissions, the Township
Engineer, the Pennsylvania Department of Environmental Resources,
the Delaware River Basin Commission and any other agencies which may
have jurisdiction.