Township of Willistown, PA I Restricted Industrial Districts

General office.

Laboratory for research, testing and development.

Wholesaling, warehousing and distributing, but excluding truck terminal and outdoor storage of trucks or trailers.

Light manufacturing, assembly, compounding, packaging or treatment of small products, including but not limited to small electrical devices or appliances (excluding large electrical machinery), pharmaceutical products, optical and photographic equipment, small metal products, food products (excluding meat and fish), jewelry, novelty products, cosmetics, tools and similar goods, and including bottling, packing or crating operations.

Consumer service facilities, including but not limited to facilities for repair of small appliances, dry cleaning and laundry, printing, binding and publishing, and similar services, provided that consumer service facilities shall not include gasoline service stations.

Commercial solar energy systems.

[Added 2-14-2011 by Ord. No. 1-2011[1]]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsection A(6) as Subsection A(7).

Any use of the same general character as any use specifically permitted.

Accessory and incidental uses.

Retail sales of goods or products manufactured, assembled or warehoused on the premises.

Storage of materials necessary or convenient to any principal permitted use conducted on the premises.

Erection and maintenance of signs in accordance with Article XVIII.

Provision of living accommodations for a watchman or similar employee, and the erection and maintenance of facilities necessary or useful to protect the security of the property, such as fences, traffic control booth and similar devices.

Facilities to provide access, parking, loading and unloading necessary or convenient to the principal permitted use.

Any other accessory and incidental use necessary or convenient to the principal permitted use conducted on the property.

Day-care center, when authorized by the Board of Supervisors as a conditional use as set forth in § 139-75.1 below.

[Added 6-16-1998 by Ord. No. 4-1998]

The following additional uses, when authorized by the Zoning Hearing Board as a special exception, are permitted, provided that no such use shall involve heavy or large equipment or machinery or shall create an objectionable condition as defined in § 139-97 and subject also to the requirements of § 139-122:

A general hospital providing health services primarily for inpatients and medical or surgical care of the sick or injured, and the following related uses so long as they are an integral part of a general hospital: laboratories, training facilities, staff offices and facilities for outpatient treatment, therapy and rehabilitation.

(a)

A related use shall not be deemed an integral part of a general hospital unless conducted upon the hospital premises or upon contiguous premises owned or effectively controlled by the hospital.

(b)

In considering an application for a special exception hereunder, the Zoning Hearing Board shall decline to grant such application unless it determines that there is a public need for such a facility in the area of its proposed location which is unfulfilled at the time of the application.

(c)

The Zoning Hearing Board, in granting a special exception hereunder, may authorize a building height greater than that permitted by § 139-75D, provided that it shall find such increased height reasonably necessary for efficient and economical construction, generally in the public interest and otherwise consistent with the applicable review standards of § 139-122. Any additional height so authorized shall be subject to the limitations that the roofline shall not exceed 70 feet above grade at any point, nor shall the building exceed five stories, including basements, nor shall any projection above the roofline exceed 15 feet.

Accessory use on the same lot with and customarily incidental to any of the above permitted uses, including living quarters for watchmen, caretakers or similar employees, signs when erected and maintained in accordance with the provisions of Article XVIII, and a day-care center, when authorized by the Board of Supervisors as a conditional use as set forth in § 139-75.1 below.

[Amended 6-16-1998 by Ord. No. 4-1998]

§ 139-74 Prohibited industrial uses.

In no case shall the following uses or any use substantially similar thereto be permitted: bulk storage of fireworks and explosives; fat rendering; incineration or reduction of garbage (except by Township agencies); leather processing, manufacture of asphalt, cement, noxious or hazardous chemicals, explosives, fertilizer, iron or steel (including blast furnace, smelting and other basic processes in the manufacture of iron and steel), linoleum, paint, plastics, rubber (including rubber and synthetic processing); textiles; soap; petroleum refining and storage in aboveground tanks; hair, felt and feather washing, curing and dyeing; wood pulp processing.

§ 139-75 Area, height and special design regulations.

Lot area and width. A lot area of not less than two acres per principal use shall be provided. Lots shall not be less than 200 feet wide at the building line nor less than 150 feet wide at the street line.

Building, floor area and impervious coverage. Not more than 30% of the lot area may be occupied by buildings, and the total floor area of all buildings on the lot shall not exceed 80% of the lot area. Not more than 60% of the lot area may contain impervious surfaces.

[Amended 5-14-2001 by Ord. No. 1-2001]

Building placement requirements. No building shall be located less than 35 feet from the street line nor less than 40 feet from a side or rear property line, except that when a tract abuts a residential district or has frontage upon an arterial or collector street, no building shall be located less than 75 feet from the street line or 100 feet from the street center line, whichever is greater.

Height regulations. No building shall exceed 35 feet in height, subject to the provisions of § 139-6 (definition of "height of building") and § 139-73C(1)(c).

Special design requirements. I Restricted Industrial Districts are designed primarily to provide for modern, light, nonnuisance research, office and processing uses which do not detract from the residential or nonindustrial character of surrounding areas or prejudice the use of adjoining tracts for other light manufacturing uses. Therefore, in addition to the applicable provisions of other general regulations of this chapter, the following specific regulations shall apply:

Each use permitted in the district shall be conducted within a completely enclosed building, provided that outdoor storage may be allowed in conjunction with a permitted use if the area used for storage is located or screened so as not to be visible from an adjoining property line.

The area surrounding each permitted building shall be suitably and attractively landscaped, and each building shall be designed so as to minimize its traditional industrial appearance and shall, insofar as is practicable, afford minimum external evidence of the nature of the operation conducted therein.

All equipment shall be operated by electric power, oil, gas or other smokeless fuel, and each use shall provide and utilize such smoke-, odor-, dust-, noise- or other control devices as are necessary to assure that the use will not constitute an objectionable condition as defined in § 139-97.

No products or goods shall be publicly displayed on the premises.

Adequate provision shall be made for water supply, sewage and waste disposal. Where public water and sewer facilities are not used, such facilities shall be approved by the Township or other appropriate governmental agency.

Along any rear or side property line which abuts a residence district or Township boundary line, a buffer yard shall be provided which shall be not less than 100 feet in width, except when the zoning district in the adjoining Township permits substantially similar uses. This required yard shall be measured from the boundary line or from the street line where a street constitutes the boundary. The 30 feet of such yard space nearest the district or Township boundary line shall be used only as a buffer planting strip, as defined in § 139-6. The remaining 70 feet of space may be used for off-street parking or for any permitted purpose other than a building or permanent structure or any processing activity.

Where necessary, adequate provisions shall be made to supplement public fire-fighting facilities.

(8)

Each use shall comply with the provisions of §§ 139-98, 139-99 and 139-100 relating to parking, loading and the development of highway frontage. All required parking, except that intended for use by visitors, shall be located in the side or rear yard.

(9)

Design requirements for commercial solar energy systems.

[Added 2-14-2011 by Ord. No. 1-2011]

(a)

Ground-mounted solar panel arrays shall be permitted, provided all ancillary facilities (transformer facilities, maintenance facilities, etc.) are located in enclosed structures. Commercial solar energy systems shall adhere to the setback, height and coverage requirements of this district; facilities for which building placement requirements do not apply, including but not limited to solar panel arrays, inverters, transformers, and electrical distribution equipment, shall be set back from all property lines and public rights-of-way a minimum of two times the height of the solar panel array. Building permits for commercial solar energy systems shall be consistent with the Pennsylvania Uniform Construction Code (UCC).

(b)

Glare. Commercial solar energy systems shall be oriented to avoid all off-site glare. Applicants shall demonstrate that the solar array has been designed, constructed and oriented to mitigate the visual impact from public roads and nearby uses and that concentrated solar radiation or glare is not directed onto nearby properties or roadways. In addition, the color and other visual features of the solar energy system shall be designed and installed in such a manner so as to create the least visual impact practicable. The applicant shall demonstrate compliance with this section by, among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent roadways and neighboring properties (with permission of the owners).

(c)

Docking station safety. The applicant shall demonstrate that the proposed docking station is designed and built in accordance with the Township Building Code and manufacturer specifications for the size and type of solar panel proposed, that the foundation is engineered to provide adequate support to the panel array, and that surrounding areas will not be negatively affected by docking station failure. For standard soil conditions (excluding gravel, sand, or wet soil conditions), foundations engineered and developed by the solar docking station manufacturer shall be acceptable unless specific soil tests are deemed necessary by the Township Engineer.

(d)

Docking station design. The applicant proposing a docking station must demonstrate that the structure has been designed and constructed so as to mitigate the visual impact from public roads and nearby uses. In addition, the color and other visual features of the commercial solar energy system shall be designed and installed to create the least visual impact practicable. The applicant shall demonstrate compliance with this section by, among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent roadways and neighboring properties (with permission of the owners).

(e)

Noise. Sound affiliated with commercial solar energy systems shall not result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line; in no case shall the sound pressure level exceed 55 dB(A) [according to the American National Standards Institute (ANSI) "a" weighted scale] at the property line closest to the solar energy system.

(f)

Signage. All signs, other than manufacturer's or installer's identification signs, appropriate warning signs, or owner identification signs, shall be prohibited. There shall be no antennae, advertising, or other items or material affixed to or otherwise placed on a commercial solar energy system.

(g)

Site plan and engineered drawing submission.

[1]

A narrative describing the proposed commercial solar energy system shall be submitted, including an overview of the project, the project location, approximate generating capacity, approximate number and type of solar panels, a description of ancillary facilities, property ownership and operating entities. A site plan shall be submitted showing the facility location, property lines, setbacks, access roads, and turnout locations, substation(s), electrical cabling from the solar panel array to the substation, ancillary equipment, buildings and structures (including associated distribution and/or transmission lines).

[2]

Applications for commercial solar energy systems shall be accompanied by standard drawings of the solar panel array and stamped engineered drawings of the docking station provided by the manufacturer in conformance with applicable industry standards, unless the Township Engineer determines that engineering drawings prepared by an engineer licensed in Pennsylvania are required. The applicant shall show that all applicable manufacturer's Commonwealth of Pennsylvania and United States standards for the construction, operation, and maintenance of the proposed commercial solar energy system have been met, including without limitation, back feed prevention and lightning grounding. Commercial solar energy systems shall be built, operated and maintained to applicable industry standards of the American National Standards Institute (ANSI).

(h)

Compliance with electrical standards. Applications for commercial solar energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (NEC). Further, commercial solar energy systems shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE). The proposed location and operation of the commercial solar energy system shall be demonstrated not to interfere with any broadcast, radio, wireless, or other telecommunications signals or facilities. All utilities, transmission and power lines, cables, wires, and other connections to or from the commercial solar energy system and any other structure associated with the system shall be at or below grade, except as otherwise permitted by the Township.

(i)

Lighting. Commercial solar energy systems shall not be lighted except as otherwise required by law.

(j)

Utility notification. No commercial solar energy system shall be installed without evidence that PECO has been informed of the applicant's intent to install an interconnected customer-owned generator. Documentation shall be provided that grid interconnection and net metering policies have been coordinated with PECO.

(k)

Insurance. Proof of adequate insurance shall be submitted to the Township as part of the application.

(l)

Abandonment. Any commercial solar energy system that has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal. All structures or enclosures accessory to the commercial solar energy system shall also be completely removed from the property in like fashion. The former commercial solar energy system site shall be restored to as natural condition as possible within six months of removal of the system.

(m)

Stormwater management. Applications for commercial solar energy systems shall document conformance with Chapter 73, Environmental Protection, Article VIII, Stormwater Management, and Article 1X, Soil Erosion and Sediment Pollution Control, specifically the collection, conveyance, treatment, and ultimate disposition of the runoff associated with the solar panel array.

(n)

Weather conditions. Applications for commercial solar energy systems shall document the extent to which the solar panel array and docking station can withstand adverse weather conditions, particularly high winds associated with hurricane activity.

(o)

Security. Consistent with industry standards, commercial solar energy systems shall provide appropriate means by which to prevent or restrict unauthorized persons or vehicles from entering the property. The use of enclosures is permissible, provided the applicant documents that the enclosure is sufficient to preclude unauthorized entry without sacrificing solar access.

§ 139-75.1 Conditional uses.

[Added 6-16-1998 by Ord. No. 4-1998]

In addition to the standards of this article and those of § 139-118.1 concerning procedures for conditional use applications, the Board of Supervisors shall require the following standards be met prior to granting approval of any conditional use application:

Freestanding conditional uses shall be permitted.

When a conditional use is located within a building containing a primary use permitted in § 139-39 herein, said conditional use shall be limited to 15% of the total leasable area of said building.

As deemed warranted by the Board of Supervisors, adjustments to applicable parking standards may be required when a conditional use is located within a building containing a primary use.

Conditional uses shall have hours of operation that coincide with primary uses permitted in § 139-39 herein, unless additional hours are deemed reasonable by the Board of Supervisors based upon the nature of use.

§ 139-75.2 Age-restricted apartment development option.

[Added 3-14-2022 by Ord. No. 1-2022]

Purpose. The purpose of the age-restricted apartment development ("ARAD") option is to provide seniors with a downsizing housing option that offers independent living with indoor and outdoor amenity spaces within the Township.

Conditional use and use regulations. Under the ARAD option, and when authorized by the Board of Supervisors, an age-restricted apartment complex consisting of one or more buildings shall be permitted by conditional use in the I Restricted Industrial District subject to the following conditions:

Minimum tract size: seven acres.

An ARAD shall have a density of no more than 20 residential units per acre.

An ARAD shall comply with the criteria set forth in § 139-75.1 (Conditional uses).

An ARAD shall comply with the criteria set forth in § 139-75 (Area, height and special design regulations) except as expressly modified by this § 139-75.2.

An ARAD shall be age-qualified with a minimum age qualification of 55 years old, subject to compliance with federal fair housing standards and regulations related thereto.

Stormwater management facilities for an ARAD must be designed to capture and treat stormwater runoff from 125% of the impervious coverage of the proposed development. An ARAD shall adhere to all other requirements contained in Chapter 73, Environmental Protection, Article VIII, Stormwater Management.