Township of Chartiers, PA Article IX Conditional Use

§ 350-49 Statement of intent.

The intent of conditional uses is to allow certain important permitted uses in the Township by conditional use procedure so that the Supervisors can attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the Supervisors may deem necessary to implement the purposes of this chapter.

§ 350-50 Procedure for conditional uses.

A. Authority. The Supervisors shall hear and decide requests for conditional uses in accordance with the provisions of this chapter and the procedures, regulations, and standards and criteria of this article.

B. Relationship to Chartiers Township Subdivision and Land Development Ordinance. All provisions of the Chartiers Township Code Chapter 305, Subdivision and Land Development, which are not specifically modified by the Supervisors in approving a conditional use shall apply to any conditional use involving subdivision or land development. If there is any conflict between the procedural provisions of this chapter and Chapter 305, Subdivision and Land Development, the provisions of Chapter 305, Subdivision and Land Development, shall supersede the provisions of this chapter.

C. Preapplication conference (optional).

(1) Administrative staff conference. Before submission of an application for conditional use approval, it is recommended that the applicant meet with the Zoning Officer and other Township administrative officials to receive guidance and information on Township requirements for the proposed development.

(2) Planning Commission conference. A preapplication conference with the Planning Commission is also recommended for consideration of basic site information and sketch plans and preparation of application before submission of the application. The applicant must hold an administrative staff preapplication conference before having a Planning Commission conference. After the administrative staff preapplication conference and before submitting any application for development, the applicant may request a preapplication conference by submitting a written request not later than five working days before the first Tuesday of the month or the next scheduled meeting of the Planning Commission.

D. Application procedure. The applicant shall submit a written application for approval of a conditional use to the Zoning Officer or designated staff person at least 10 working days prior to the Planning Commission meeting. The application shall indicate the section of this chapter under which the conditional use is sought and shall state the grounds upon which it is requested.

E. Application content. An application for approval of a conditional use shall include the following:

(1) A written application on the form prescribed by the Supervisors referring to the specific provisions of this chapter which are involved and setting forth the reasons which would justify the granting of a conditional use;

(2) Seven copies of a conditional use site plan meeting the requirements of § 350-72C, Site plan approval, of this chapter and, in addition, demonstrating conformity with all requirements of this chapter; and

(3) Application fee and review fees established by resolution of the Supervisors to cover the cost of review.

F. Planning Commission review and comment or approval. The Planning Commission shall review the application and make a written recommendation to the Supervisors. If the proposed development is also a land development, the Planning Commission shall also make a written recommendation or take action under the provisions of Chapter 305, Subdivision and Land Development; however, preliminary approval shall be subject to conditional use approval granted by the Supervisors.

G. Hearing. The Supervisors shall hold a hearing, public notice for which shall be given as defined in § 350-16 of this chapter. Written notices shall also be sent to adjacent property owners and property owners within 300 feet of the property involved in the application for a conditional use. Notices shall be sent by regular mail no more than 30 days nor less later than seven days prior to the date of the hearing.

H. Conditions. In considering any conditional use, the Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter.

I. Action. If the Supervisors determine that the application for conditional use meets all requirements of this chapter and receive assurances that any additional conditions deemed necessary shall be fulfilled and that the application is in conformity with the spirit and intent of this chapter, it shall direct the Zoning Officer to issue a zoning permit for such conditional use.

J. Expiration. Conditional use approval shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning permit, certificate of occupancy or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of said approval, unless the Supervisors, in its sole discretion, extends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

K. Effect on prior approvals. Conditional use approval, granted prior to the effective date of this section, shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning permit, certificate of occupancy or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of the effective date of the section or as specified in the approval, unless the Supervisors, in its sole discretion, extends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

L. All provisions of Chapter 305, Subdivision and Land Development, which are not specifically modified by the Supervisors in approving a conditional use shall apply to any conditional use involving subdivision and land development.

M. Burden of proof. In any application for conditional use, the applicant shall have the persuasion burden and presentation duty to show compliance with the ordinances of the Township, and the applicant shall have the persuasion burden to show the applicant's request is not detrimental to the health, safety and welfare of the neighborhood.

§ 350-51 General requirements and standards and express standards and criteria for all conditional uses.

The Supervisors shall grant a conditional use only if it finds adequate evidence that any proposed development will meet all of the applicable requirements of this chapter. The Supervisors shall, among other things, require that any proposed use and location be:

A. In accordance with the Comprehensive Plan and consistent with the spirit, purposes, and intent of this chapter;

B. In the best interests of the Township, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity;

C. Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;

D. In conformance with all applicable requirements of this chapter and all Township ordinances; and

E. Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.

F. Academic clinical research centers.

[Added 4-11-2017 by Ord. No. 360]

(1) Shall comply with the parking requirements of § 350-35G, Off-street parking regulations.

(2) An academic clinical research center may only grow medical marijuana in an indoor, enclosed and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOG. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(3) All external lighting serving an academic clinical research center must be shielded in such a manner to not allow lights to be emitted skyward or onto adjoining properties.

(4) A buffer planting is required where an academic research center adjoins a Residential or Neighborhood Commercial District.

G. Medical marijuana grower/processor.

[Added 4-11-2017 by Ord. No. 360]

(1) The facility shall hold a valid permit from the Department of Health to grow and process medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Township.

(2) The facility shall comply with the requirements for a grower/processor under the Medical Marijuana Act[1] and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Township.

[1] Editor's Note: See 35 P.S. § 10231.101 et seq.

(3) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(4) The maximum floor area of a medical marijuana grower/processor shall be limited to 30,000 square feet, per two acres of land of which sufficient space (a minimum of 300 square feet unless other set by the commonwealth) must be set aside for secure storage of marijuana seeds, related finished product and marijuana related materials used in production or for required laboratory testing.

(5) A medical marijuana grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same district, including but not limited to setbacks, bulk and area requirements, parking requirements, noise, lighting and other supplemental regulations.

(6) There shall be no emission of dust, fumes, vapors, odors or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

(7) Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH Policy and shall not be placed within unsecured exterior refuse containers.

(8) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(9) Grower/processors may not locate within 1,000 of the property line of a public, private or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

(10) All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(11) Shall comply with the parking requirements of § 350-35G, Off-street parking regulations.

(12) A buffer planting is required where a medical marijuana grower/processor adjoining residential use or district.

(13) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.

(14) Loading and off-loading within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

H. Medical marijuana transport vehicle service.

[Added 4-11-2017 by Ord. No. 360]

(1) A traffic impact study is required where the office is operated.

(2) All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(3) A buffer planting is required where medical marijuana transport vehicle service adjoins a Residential or C-1 Zoning District.

(4) Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

(a) All accesses must secure the appropriate highway occupancy permit (state, county and/or Township).

(b) The clear sight triangle found in Chapter 305, Subdivision and Land Development, of the Chartiers Township Code of Ordinances.

(c) The driveway must be designed and improved to the standards expressly described in Chapter 305, Subdivision and Land Development, of the Chartiers Township Code of Ordinances.

(5) If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.

(6) Shall comply with the parking requirements of § 350-35G, Off-street parking regulations.

(7) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

I. Medical marijuana dispensary.

[Added 4-11-2017 by Ord. No. 360]

(1) The facility shall be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Department of Health to dispense medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Township.

(2) The facility shall comply with the requirements for a dispensary under the Medical Marijuana Act and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Township.

(3) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(4) A medical marijuana dispensary may not operate on the same site as a facility used for growing and/or processing medical marijuana.

(5) Permitted hours of operation of a dispensary shall not exceed 8:00 a.m. to 8:00 p.m., Monday through Saturday, unless otherwise set by the supplemental regulations of the zoning district in which the use is located.

(6) A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

(7) A medical marijuana dispensary shall:

(a) Not have drive-through service;

(b) Not have outdoor seating areas;

(c) Not have outdoor vending machines;

(d) Prohibit the administering of, or the consumption of medical marijuana on the premises; and

(e) Not offer direct or home delivery service unless provided by law.

(8) A medical marijuana dispensary may only dispense medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

(9) A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

(10) A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the business is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they service or with which they partner.

(11) Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or day care.

(12) All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(13) Shall comply with the parking requirements of § 350-35G, Off-street parking regulations.

(14) A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.

(15) Entrances and driveway to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.

(a) All accesses must secure the appropriate highway occupancy permit (state, county or Township).

(b) The clear sight triangle found in Chapter 305, Subdivision and Land Development, of the Chartiers Township Code of Ordinances.

(c) The driveway must be designed and improved to the standards expressly described in Chapter 305, Subdivision and Land Development, of the Chartiers Township Code of Ordinances.

(16) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

J. Each specific conditional use must conform to the specific express standards and criteria in accordance with this Subsection J.

[Added 4-10-2018 by Ord. No. 371]

(1) Bars, taverns, and similar establishments. A bar/nightclub shall be a permitted conditional use subject to the following express standards and criteria:

(a) A bar/nightclub shall be located no less than 300 feet from any residential zoning district, an education facility, or a religious institution.

(b) A bar/nightclub's hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.

(c) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(d) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(e) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(f) To ensure public safety and health, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(g) Any additional standards that are needed to protect public health, safety and welfare or to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.

(2) Bed-and-breakfast. A bed-and-breakfast shall be a permitted conditional use subject to the following express standards and criteria:

(a) No more than five bedrooms may be available or used for a lodging use in any building.

(b) Not more than one ground sign shall be permitted on the lot.

(c) Service meals shall be limited to breakfast only to overnight guests of the facility.

(d) The number of off-street parking and loading spaces shall meet the minimum requirements for a single-family dwelling along with one space per sleeping unit. All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.

(e) The owner and/or manager of the facility shall reside therein.

(f) An overnight guest shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.

(g) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(h) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(i) A facility in a residential zoning district must provide screening along adjoining properties in conformance with 350-38B(1)(b).

(j) To ensure public safety and health, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(3) Cargo facility. A cargo facility shall be a permitted conditional use subject to the following express standards and criteria:

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

(b) An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided to protect the surrounding neighborhood from inappropriate light and other disturbances.

(c) Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 350-40 of this chapter.

(d) The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on the adjacent arterial and/or collector street(s).

(e) Hours of operation and activities must be appropriately scheduled to protect adjoining properties from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

(f) No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted on the subject property.

(g) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(h) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(i) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(j) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(k) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(l) A traffic impact study is required.

(m) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(n) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(o) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(4) Cemetery. A cemetery shall be a permitted conditional use subject to the following express standards and criteria:

(a) The minimum lot area shall be 20 acres.

(b) A stormwater management plan shall be submitted with the application to show existing and proposed runoff characteristics.

(c) Vehicular access and internal traffic circulation shall be designed to ensure safety and minimize impact on local streets. The applicant shall demonstrate that the approval of the proposed use will not significantly increase traffic congestion on adjacent streets.

(d) All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as in § 350-35G of this chapter.

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

(f) A cemetery in a residential zoning district must provide screening along adjoining properties in conformance with § 350-38B(1)(b).

(g) At no time shall a corpse be exposed or visible from a street or adjacent lot.

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

(i) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(j) Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(k) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

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

(m) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(5) Condominiums. Condominiums shall be a permitted conditional use subject to the requirements of § 350-42.

(6) Convenience store without fuel sales. A convenience store without fuel sales shall be a permitted conditional use subject to the following express standards and criteria:

(a) Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 350-40 of this chapter.

(b) Hours of operation and activities must be appropriately scheduled to protect adjoining properties from detrimental noise, light, or other disturbance or interruption.

(c) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(d) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(e) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(f) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(g) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(h) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(i) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(j) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(7) Correctional facility. A correctional facility shall be a permitted conditional use subject to the following express standards and criteria:

(a) An applicant shall apply for all applicable federal, state, and county permits prior to filing the conditional use application. Copies of all such application materials shall be submitted with the conditional use application. No correctional facility use shall be initiated until all applicable federal, state, and county permits have been obtained for the subject facility and proof of such permits have been provided to the Township.

(b) All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as in § 350-35G of this chapter.

(c) All parking areas shall be screened from view from streets.

(d) Lighting shall be required throughout the property for safety purposes. Such lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(e) All structures shall be set back a minimum of 150 feet from all lot lines.

(f) Such use shall not be located within 500 feet of any residential zoning district or residential use.

(g) All lots shall have a minimum size of 10 acres.

(h) Vehicular access shall be from arterial or collector streets only.

(i) An evacuation plan shall be submitted for review and approval by the Township Emergency Management Coordinator.

(j) A traffic impact study shall be required.

(k) To ensure public safety and health, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(l) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, inmates, residents, and visitors and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, inmates, residents, and visitors.

(m) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(8) Day-care facility. A day-care center shall be a permitted conditional use subject to the following express standards and criteria:

(a) The facility shall be licensed by the Department of Public Welfare, or other appropriate state agency. Proof of this valid license shall be provided to the Township.

(b) A facility which provides child care shall provide a minimum area for indoor play at a ratio of 40 square feet per child.

(c) A facility which provides child care shall provide a minimum area for outdoor play at a ratio of 65 square feet per child using the outdoor play area. Long, linear configurations shall be avoided to assure the functionality of the space as an outdoor play area. The outdoor play area shall also:

[1] Not be less than 20 feet in width at any point.

[2] Adjoin the building where the facility is located.

[3] Not be located less than 30 feet from any street right-of-way.

[4] Not be located less than 10 feet from any property line.

[5] Contain appropriate yielding surfaces underneath any permanent play equipment.

[6] Be completely enclosed by a safe, secure and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Department of Public Welfare. Any outdoor play area potentially susceptible to encountering vehicles leaving a street, roadway, travel lanes or access ways shall be protected by a barrier capable of preventing the vehicle from entering the outdoor play area.

(d) Safe vehicular access and areas for discharging and picking up facility attendees shall be provided.

(9) Distribution center. A distribution center shall be a permitted conditional use subject to the following express standards and criteria:

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

(b) An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided to protect the surrounding neighborhood from inappropriate light and other disturbances.

(c) Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 350-40 of this chapter.

(d) The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on the adjacent arterial and/or collector street(s).

(e) Hours of operation and activities must be appropriately scheduled to protect adjoining properties from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

(f) No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted on the subject property.

(g) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(h) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(i) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(j) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(k) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(l) A traffic impact study is required.

(m) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(n) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(o) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(10) Dwelling, ancillary. An ancillary dwellings shall be a permitted conditional use subject to the general standards for conditional uses in accordance with § 350-51 of this chapter.

(11) Dwelling, multifamily. A multifamily dwellings shall be a permitted conditional use subject to the following express standards and criteria:

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

(b) All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.

(c) All dumpsters and/or waste collection areas shall be entirely screened with a masonry wall, wooden slat fence, or a comparable material as determined by the Planning Commission.

(d) A twenty-foot-wide landscaped buffer measuring six feet in height shall be provided along all adjoining residential properties.

(e) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(f) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(g) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(h) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(i) A traffic impact study is required.

(j) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(k) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(12) Dwelling, townhouse. Townhouses shall be a permitted conditional use subject to the requirements of § 350-44.

(13) Eating establishments as an accessory use. Eating establishments as an accessory use shall be a permitted conditional use subject to the following express standards and criteria:

(a) All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as in § 350-35G of this chapter.

(b) All dumpsters shall be located in the rear setback yard and shall be screened. All screens shall have a length of eight feet high and shall have a minimum opacity of 80%.

(c) No more than one sign shall be permitted; said sign shall be a ground, monument, or wall sign in accordance with § 350-34E of this chapter.

(d) Conform to the general standards for conditional uses in accordance with § 350-51 of this chapter.

(e) Any additional standards that are needed to protect public health, safety and welfare and to address unique characteristics of a particular site defined by the Township Planning Commission shall be complied with by the landowner and/or developer.

(14) Education facility. An education facility shall be a permitted conditional use subject to the following express standards and criteria:

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

(b) At no time shall any supply materials for an education facility be permitted to be stored outdoors.

(c) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(d) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(e) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(f) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(g) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(h) A traffic impact study is required.

(i) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(j) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(k) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(15) Flex space. Flex space shall be a permitted conditional use subject to the following express standards and criteria:

(a) An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided to protect the surrounding neighborhood from inappropriate light and other disturbances.

(b) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(c) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(d) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(e) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(f) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(g) A traffic impact study is required.

(h) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(i) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(j) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(16) Freight terminal. A freight terminal shall be a permitted conditional use subject to the following express standards and criteria:

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

(b) An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for parking and loading areas shall be provided to protect the surrounding neighborhood from inappropriate light and other disturbances.

(c) Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 350-40 of this chapter.

(d) The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on the adjacent arterial and/or collector street(s).

(e) Hours of operation and activities must be appropriately scheduled to protect adjoining properties from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

(f) No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted on the subject property.

(g) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(h) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(i) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(j) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(k) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(l) A traffic impact study is required.

(m) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(n) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(o) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(17) Fuel sales. Fuel sales shall be a permitted conditional use subject to the following express standards and criteria:

(a) Fuel sales, as defined by this chapter, shall be permitted only when accessory to a principal use identified as a permitted use or conditional use in the subject zoning district under this chapter.

(b) The minimum lot area for fuel sales shall be 20,000 square feet.

(c) The facility shall have direct vehicular access to a collector or arterial street, or shall have a point of vehicular access from a street within the lot of a shopping center.

(d) A canopy over the fuel dispensers shall be permitted, provided that:

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

[2] The canopy shall not be enclosed.

[3] The canopy shall be located a minimum of 10 feet from any property line or street right-of-way line.

[4] The canopy shall be removed immediately if fuel sales are discontinued.

(e) Off-street parking for the facility shall comply with § 350-35G of this chapter.

(f) Fuel dispensers shall be located at least 20 feet from the edge of any street right-of-way.

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

(h) Hours of operation must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption.

(i) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 10:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(j) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(k) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(l) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(m) A traffic impact study is required.

(n) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(o) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(18) Garden apartment. A garden apartment shall be a permitted conditional use subject to the following express standards and criteria:

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

(b) All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.

(c) A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building.

(d) The maximum number of units per building shall not exceed 12 in a residential zoning district or 24 in other districts.

(e) All dumpsters and/or waste collection areas shall be located 50 feet from nearest residential unit and shall be enclosed by a solid masonry screen wall.

(f) The primary vehicular entrance to the apartment shall, at a minimum, have direct access to a collector road.

(g) A twenty-foot-wide landscaped buffer measuring six feet in height shall be provided along all adjoining residential properties.

(h) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(i) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(j) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(k) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(l) A traffic impact study is required.

(m) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(n) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(19) Home occupation. A home occupation shall be a permitted conditional use subject to the following express standards and criteria:

(a) There shall be no exterior evidence of the business activity or use other than the home occupation identification sign authorized by § 350-34 of this chapter.

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

(c) No more than 25% of the gross floor area of the dwelling shall be devoted to the conduct of a home occupation.

(d) The home occupation shall be conducted entirely within the dwelling. The home occupation shall not be conducted in any accessory structure, although materials and equipment may be stored in an accessory structure.

(e) The use shall be compatible with the residential dwelling use of the property and surrounding residential uses. The use shall not change the residential character of the dwelling.

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

(g) The use shall comply with the performance standards specified in § 350-38 of this chapter.

(h) The use shall not require internal or external alterations or construction features which change the fire rating or use classification of the structure under the Uniform Construction Code.[2]

[2] Editor's Note: See Ch. 135, Construction Codes, Uniform.

(i) There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

(j) There shall be no storage of materials or equipment outside an enclosed building. Materials and equipment may be stored in an accessory structure.

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

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

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

(n) The business activity or use shall not involve the use of vehicles in excess of one ton capacity or 9,000 pounds gross vehicle weight for delivery of materials to or from the premises, and such vehicles shall not be parked on the premises.

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

(p) The use shall not involve the use of advertising signs on or off the premises which shall call attention to the fact that the dwelling is being used for home occupation purposes.

(q) The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:

[1] Animal hospitals.

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

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

[4] Medical clinics, medical offices, hospitals, nursing homes, group care facilities.

[5] Kennels.

[6] Funeral homes.

[7] Private clubs.

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

[9] Restaurants.

[10] Keeping of livestock.

(r) A child day-care facility, as defined by this chapter, may be considered a home occupation, provided that:

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

[2] Evidence of licensing by the commonwealth shall be presented at the time of application and all such necessary licenses shall be maintained throughout operation of the child day-care home.

[3] A minimum area for indoor play shall be provided at a ratio of 40 square feet per child.

[4] A minimum area for outdoor play shall be provided at a ratio of 65 square feet per child using the outdoor play area. Long, linear configurations shall be avoided to assure the functionality of the space as an outdoor play area. The outdoor play area shall also:

[a] Not be less than 20 feet in width at any point.

[b] Adjoin the building where the facility is located.

[c] Not be located less than 30 feet from any street right-of-way.

[d] Not be located less than 10 feet from any property line.

[e] Contain appropriate yielding surfaces underneath any permanent play equipment.

[f] Be completely enclosed by a safe, secure and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Department of Public Welfare. Any outdoor play area potentially susceptible to encountering vehicles leaving a street, roadway, travel lanes or access ways shall be protected by a barrier capable of preventing the vehicle from entering the outdoor play area.

[5] A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.

[6] The child day-care home must comply with all applicable sections of the Uniform Construction Code.

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

(20) Hospital. A hospital shall be a permitted conditional use, subject to the following express standards and criteria:

(a) Safe areas for discharging and picking up patients shall be provided.

(b) Air transport operations planning shall be coordinated with the applicable governmental agencies.

(c) Parking facilities shall be provided at the ratio of one parking space for each employee and staff member on peak shift and one additional parking space for each bed. Additional parking spaces shall be provided to satisfy ADA requirements for medical care facilities.

(d) A hospital's height shall not exceed 75 feet.

(e) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(f) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(g) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(h) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(i) A traffic impact study is required.

(j) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(k) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(21) Incinerator. An incinerator shall be a permitted conditional use, subject to the following express standards and criteria:

(a) The incinerator shall not alter the established character and use of the neighborhood or district in which it is located, and will not substantially impair the use or development of adjacent properties.

(b) The establishment, maintenance, location and operation of the incinerator shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(c) The proposed use as an incinerator shall be compatible with surrounding land uses. It shall not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.

(d) The proposed site of the incinerator shall be suitable in terms of topography, soil conditions and size, based on number of projected users and the frequency of use of the proposed use.

(e) The proposed use and site of the incinerator shall provide for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe and efficient internal circulation and sufficient off-street parking and loading.

(f) The use shall comply with all performance standards specified in § 350-38 of this chapter.

(g) The storage, use, transportation, handling, and disposal of all materials shall conform with all applicable regulations and permit requirements of the Environmental Protection Agency (EPA) and Department of Environmental Protection (DEP).

(h) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(i) Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(j) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(k) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(l) A traffic impact study is required.

(m) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(n) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(22) Junkyard. A junkyard shall be a permitted conditional use subject to the following express standards and criteria:

(a) Persons who intend to operate a junkyard must obtain a license from the Township and such other approvals pursuant to Chapter 196, Junkyards.

(b) The use and development of the subject property shall comply with all requirements of Chapter 196, Junkyards.

(c) The minimum lot size shall be 10 acres.

(d) The premises shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

(e) Any storage of garbage, petroleum products, hazardous materials, or potentially hazardous materials shall conform with all applicable federal, state, county and Township laws, statutes, regulations, and resolutions, including but not limited to the regulations and any permit requirements of the EPA and DEP. No garbage, petroleum products, or hazardous materials shall be buried or disposed of on the subject property.

(f) The manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for firefighting and to prevent the accumulation of stagnant water.

(g) Junkyards shall comply with the performance standards of § 350-38 of this chapter.

(h) No junk shall be stored or accumulated and no structure shall be constructed within 100 feet of any residential lot or within 40 feet of any property line or street right-of-way line.

(i) A fence shall be constructed around the junkyard with screening material which creates a visual barrier that is 100% opaque.

(j) The manner of storage of junk shall be arranged in such a fashion that it shall not be higher than the adjacent fence.

(k) A forty-foot-wide landscaped buffer measuring six feet in height shall be provided along all adjoining residentially zoned properties and properties with a residential use. A twenty-foot-wide landscaped buffer measuring six feet in height shall be provided along all adjoining nonresidential properties.

(l) Any junkyard found to be in violation of this chapter shall be subject to the enforcement penalties referenced in § 350-75 of this chapter and/or Chapter 196, Junkyards.

(m) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(23) Keeping of livestock and horses (<10 acres). The keeping of livestock and horses on properties with less than 10 acres shall be a permitted conditional use subject to the standards and criteria of § 350-41.

(24) Kennel. A kennel shall be a permitted conditional use subject to the following express standards and criteria:

(a) Kennel uses shall be located at least 100 feet from any property line adjoining a residential use or zoning district and at least 50 feet from any other property line.

(b) The minimum lot area required for the use shall be two acres.

(c) All outdoor kennel facilities (including, but not limited to, runs, pens, coops and similar facilities) shall be:

[1] Constructed for easy cleaning.

[2] Adequately secured by a fence, with a self-latching gate, and otherwise fully enclosed to ensure that a cat or any other animal is not able to climb or jump out of the enclosed area.

[3] Screened by a six-foot-high compact vegetative screen or 100% opaque fence on all sides which are visible from any street or residential property.

(d) If adjacent properties are developed for single-family dwellings, the kennel shall be soundproofed to minimize noise impact on adjacent properties.

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

(f) At no time shall the animals be permitted to run loose on the property other than in a completely enclosed area as described in Subsection J(24)(c) above.

(g) This use shall be subject to periodic inspections to insure compliance with the conditions of approval.

(h) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(i) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, customers, visitors, and guests.

(j) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(25) Landscaping center (retail and wholesale). A landscaping center (retail and wholesale facilities) shall be a permitted conditional use subject to the following express standards and criteria:

(a) Landscaped bufferyards, 20 feet in width and six feet in height, shall be provided and maintained along the side yards and rear yards.

(b) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(c) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(d) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(e) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(f) A traffic impact study is required for wholesale landscape centers.

(g) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(26) Manufacturing, light. Light manufacturing shall be a permitted conditional use subject to the following express standards and criteria:

(a) All materials and equipment shall be stored within a completely enclosed building.

(b) The use shall comply with all performance standards specified in § 350-38 of this chapter.

(c) The storage, use or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the light manufacturing activity, and the transportation, handling, use and disposal of such materials shall conform with all applicable regulations and permit requirements of the Environmental Protection Agency (EPA) and Department of Environmental Protection (DEP).

(d) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(e) Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(f) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(g) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(h) A traffic impact study is required.

(i) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(j) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(27) Massage therapy establishment. A massage therapy establishment shall be a permitted conditional use subject to the following express standards and criteria:

(a) State or national certification from one of the following entities shall be required for all employees, excluding administrative staff: National Certification Board for Therapeutic Massage and Bodywork; American Massage Therapy Association; Association of Bodywork and Massage Practitioners; National Certification Commission for Acupuncture and Oriental Medicine; International Massage Association; or a Board of Supervisors approved equivalent. In addition, all employees, excluding administrative staff, must have at least 500 hours of professional training.

(b) Hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate the hours of operation for the facility in order to prevent adverse impacts on adjoining properties.

(c) The facility shall operate in compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and Washington County.

(d) A massage therapy establishment shall be initially licensed, where it has met the applicable requirements set forth in the Chartiers Township Code of Ordinances, through December 31 of the year in which the license is issued. For each year thereafter that the massage therapy establishment intends to continue as a massage therapy establishment, it must seek from the Township Manager a renewal of this license. The application for renewal must be received by the Township Manager no later than November 1 of the year preceding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Township to deny or revoke an occupancy permit to a massage therapy establishment.

(28) Medical clinic. A medical clinic shall be a permitted conditional use subject to the following express standards and criteria:

(a) A landscaped bufferyard (measuring 10 feet in width and six feet in height) shall be provided and maintained along the side yards and rear yards.

(b) Facilities and equipment to support overnight boarding shall not be permitted.

(c) The number of off-street parking and loading spaces shall be provided as defined by § 350-35G of this chapter.

(d) The facility and use shall be licensed by the appropriate departments and/or agencies of the Commonwealth of Pennsylvania. Said valid license and all appropriate documentation shall be submitted to the Township.

(e) The facility and use shall be conducted in a manner that does not violate any provisions of this chapter or any other federal, state, county, Township statute, law, regulations, ordinance and/or resolution.

(f) The facility and use shall be staffed during all hours of operation by personnel licensed by the Pennsylvania Department of Health.

(g) The applicant shall provide a community impact analysis consisting of the following information:

[1] Hours of operation.

[2] Patient treatment capacity.

[3] Average daily patient visits.

[4] Average number of daily vehicle trips estimated to be generated by the facility, with peak-hour vehicle trip ends identified.

[5] Any and all public transportation connections that may serve the facility.

[6] Estimated level of emergency (police, fire, ambulance, etc.) calls on a monthly basis generated by the facility.

[7] Documentation concerning all personnel, licensed by the Pennsylvania Department of Health. Any change in this information to any such approved use shall be reported to the Township within 30 days.

[8] Any and all security measures to be instituted within the facility.

[9] Any and all security measures to be instituted on the lot or parcel.

(h) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(i) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(j) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(k) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(l) Hours of operation must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption.

(m) A traffic impact study is required.

(n) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(o) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(p) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(29) Medical marijuana academic clinical research center. A medical marijuana academic clinical research center shall be a permitted conditional use subject to the standards and criteria of § 350-51F.

(30) Medical marijuana dispensary. A medical marijuana dispensary shall be a permitted conditional use subject to the standards and criteria of § 350-51I.

(31) Medical marijuana grower/processor organization or facility. A medical marijuana grower/processor organization or facility shall be a permitted conditional use subject to the standards and criteria of § 350-51G.

(32) Medical marijuana transport vehicle service/medical transport vehicle service office. A medical marijuana transport vehicle service/medical transport vehicle service office shall be a permitted conditional use subject to the standards and criteria of § 350-51H.

(33) Mineral extraction. Mineral extraction shall be a permitted conditional use subject to the following express standards and criteria:

(a) The uses permitted pursuant to this section are subject to the following regulations as set forth in the Township zoning districts:

[1] Area and bulk regulations as established for each zoning district;

[2] Off-street parking standards and requirements as established for each zoning district;

[3] Off-street loading regulations as established for each zoning district;

[4] Design and performance standards as established for each zoning district;

[5] Supplemental regulations as established for each zoning district;

[6] Setback, side, and rear yard limits unless specifically superseded by Commonwealth of Pennsylvania.

(b) The operator shall comply with any general applicable bonding and road maintenance agreements and permitting requirements for Township roads that are to be used by overweight vehicles and equipment for development activities.

(c) The operator shall take the necessary safeguards to ensure that the Township roads utilized remain free of dirt, mud and debris resulting from the development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur.

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

(e) The operator shall not clear brush or trees by way of burning, and shall chip, grind or remove all tree stumps from properties it clears for development purposes. However, the operator shall be permitted to, consistent with Chartiers Township's relevant outdoor burning ordinance(s),[3] burn any brush, trees, or stumps that have been removed from the ground and collected into a pile or piles on the properties where the operator is engaging in development.

[3] Editor's Note: See Ch. 122, Burning, Outdoor.

(f) Prior to development, the operator shall provide the Township's first responders, through its Police Department Coordinator and to the Zoning Officer, a copy of its Preparedness, Prevention and Contingency (PPC) Plan.

(g) Before operating, the Township shall ascertain whether the Township's first responders (i.e., Police and Fire Department or other organization designated a first responder by the Board of Supervisors) have secured adequate information to deal with any potential dangerous conditions that may result due to development activities. First responders shall have on-site orientation and be provided adequate awareness information. Upon request from the Township, the operator will, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the operator anticipates drilling activities in the Township.

(h) The operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities as authorized by this chapter and Chapter 305, Subdivision and Land Development.

(i) The operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the area of work so as to attempt to minimize glare on public roads and adjacent buildings within 300 feet.

(j) The operator shall install temporary safety fencing at least six feet in height, around the work area, and install permanent fall-protection fencing meeting OSHA requirements around any pits that contain or could contain water or other liquids at depths greater than two feet. The operator shall install warning signs providing notice of the potential dangers at the site.

(k) Exhaust from any internal combustion engine or compressor used in connection with the mineral extraction on site shall not be discharged into the open air unless it is equipped as required by state and federal law. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.

(l) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(m) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(n) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(34) Mixed use. A mixed-use development shall be a permitted conditional use subject to the following express standards and criteria, in addition to the express standards and criteria referenced in this chapter for any individual use that is a part of the mixed-use development:

(a) Buildings shall be located a minimum of 30 feet apart.

(b) Buildings and structures shall be designed to minimize conflicts between uses, to minimize impacts on adjacent residential properties, and shall be constructed in accordance with the Uniform Construction Code.[4]

[4] Editor's Note: See Ch. 135, Construction Codes, Uniform.

(c) Buildings adjacent to a street or driveway shall be located a minimum of 20 feet from the edge of the street or driveway.

(d) Primary building facades and entrances shall front adjacent streets or public walkways.

(e) Only uses designated as permitted or conditional uses within the underlying zoning district shall be permitted within the mixed-use development.

(f) Off-street parking and loading shall be provided and maintained in accordance with a Township-approved parking needs analysis.

(g) The pro rata share of handicapped spaces required by the development shall be provided as close as practical to each use's primary entrance.

(h) The location and orientation of loading and service areas shall be coordinated to minimize conflicts of vehicular and pedestrian circulation.

(i) Loading areas shall not be visible from the primary entrance of any nonresidential use.

(j) Outdoor storage shall not be visible from the primary entrance of any nonresidential use.

(k) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(l) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(m) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(n) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(o) A traffic impact study shall be required.

(p) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(q) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(35) Mobile home park. A mobile home park shall be a permitted conditional use subject to the standards and criteria of § 350-37.

(36) Natural gas compression station. A natural gas compressor station shall be a permitted conditional use subject to the standards and criteria of § 350-48.

(37) Natural gas processing plant. A natural gas processing plant shall be a permitted conditional use subject to the standards and criteria of § 350-48.

(38) Office, business. A business office shall be a permitted conditional use subject to the following express standards and criteria:

(a) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(b) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(c) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(d) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(e) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(f) A traffic impact study is required.

(g) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(h) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(i) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(39) Oil and gas operations. Oil and gas operations shall be a permitted conditional use subject to the standards and criteria of § 350-48.

(40) Outdoor storage. An outdoor storage shall be a permitted conditional use subject to the following express standards and criteria:

(a) Any article or material authorized to be stored outside an enclosed structure shall be buffered by six-foot-high opaque fencing, planting, earthen mounds or existing topography to assure that it cannot be seen from adjoining streets or adjacent residential uses or residentially zoned properties and to assure no adverse effect on adjacent property.

(b) No outdoor storage area located within the C-2 District shall exceed 2,500 square feet.

(c) No outdoor storage shall be permitted in the required front yard.

(d) Hazardous, toxic, corrosive, or volatile materials and/or substances shall not be stored outside an enclosed structure.

(e) All organic rubbish or waste materials shall be stored in airtight vermin-proof containers.

(f) No movable vehicle such as a truck or trailer shall be used for outside storage.

(g) Outdoor storage shall not include operable and/or inoperable vehicles including, but not limited to, automobiles, buses, motorcycles and similar machines.

(h) Outdoor storage shall not be visible from the primary entrance of any nonresidential use.

(i) Access driveways to outdoor storage shall be paved with a minimum of two inches of slag or stone.

(j) The outdoor storage facility shall not reduce the area required for off-street parking or loading for the principal use, nor shall its location interfere with the free flow of traffic on the site or the use of any off-street parking or loading area.

(k) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(41) Planned residential development. A planned residential development shall be a permitted conditional use subject to the standards and criteria of Chapter 350, Article V.

(42) Public utility buildings and facilities. A public utility buildings and facilities shall be a permitted conditional use subject to the following express standards and criteria:

(a) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(b) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(c) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(d) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(e) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(f) A traffic impact study is required.

(g) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(h) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(i) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(43) Religious institution. A place of worship shall be a permitted conditional use subject to the following express standards and criteria:

(a) All buildings shall be set back at least 100 feet from the lot lines of residentially zoned properties and from the right-of-way of local streets.

(b) A place of worship shall have direct access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

(c) A place of worship in a residential zoning district must provide a landscaped buffer measuring 40 feet wide and six feet high along adjoining properties.

(d) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(e) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(f) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(g) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(h) A traffic impact study is required.

(i) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(j) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(44) Retail establishment (>5,000 square feet). A retail establishment over 5,000 square feet shall be a permitted conditional use subject to the following express standards and criteria:

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

(b) All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as in § 350-35G of this chapter.

(c) A retail establishment between 5,000 and 15,000 square feet in area shall have a landscaped buffer measuring 20 feet wide and six feet high along adjoining properties.

(d) A retail establishment over 15,000 square feet in area shall have a landscaped buffer measuring 40 feet wide and six feet high along adjoining properties.

(e) A shopping center shall have one point of vehicular access to an arterial or collector street.

(f) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(g) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(h) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(i) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(j) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(k) Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Uniform Construction Code.

(l) A traffic impact study is required.

(m) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(n) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(o) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(45) Sanitary landfill. A sanitary landfill shall be a permitted conditional use subject to the following express standards and criteria:

(a) An on-site scale shall be used to weigh all solid waste delivered to the site and complete records shall be maintained by the operator, which records shall be available for inspection by the Board of Supervisors.

(b) A certified copy of all reports, data, plans and other material or information required to be submitted to the Pennsylvania Department of Environmental Resources also shall be submitted to the Board of Supervisors.

(c) A tire-cleaning area shall be provided on the access road within the solid waste management facility site. All tires on all trucks leaving the solid waste management facility site shall be cleaned.

(d) An environmental assessment statement shall be submitted and shall include the following:

[1] A description of all proposed facilities.

[2] A physical description of the environment affected including summary technical data and maps and diagrams adequate to permit an assessment of potential environmental impact.

[3] The sources of data used to identify, quantify or evaluate any and all environmental consequences must be expressly noted.

[4] The relationship of the proposed solid waste management facility to land use plans, policies and controls for the affected area, including a statement as to how the proposed solid waste management facility may conform or conflict with the objectives and specific terms of existing or proposed federal, state, county or Township land use plans, policies and controls.

[5] An analysis of:

[a] The primary and secondary effects on the solid waste management facility and its capacity to stimulate or induce changes in patterns of social and/or economic facilities.

[b] The impact on existing community facilities and activities, changes in natural conditions, and so forth.

[c] The effect on natural and cultural features such as streams, mountains, historic sites, landmarks, principal roads, lakes and towns.

[6] Specific data relating to the impact of the solid waste management facility on local vehicular traffic, and designating the routes to be utilized by vehicles seeking access to that proposed facility.

[7] Specific data relating to the impact of the solid waste management facility on local water supplies, streams and rivers.

[8] Specific data relating to the impact of the solid waste management facility on natural or man-made local storm drainage facilities and areas.

[9] Specific data relating to the impact of the solid waste management facility on the existing flood hazard areas of the Township, including details of any measures or precautions which may have to be taken in order to provide adequate flood control in the Township.

[10] A statement of any probable adverse environmental effects which cannot be avoided (such as water or air pollution, undesirable land use patterns, damage to life systems, congestion, threats to health or other consequences adverse to the environment). Included for purposes of contrast should be a clear statement of how other avoidable adverse effects will be mitigated.

[11] The aesthetic impact of the proposed action including its impact upon visual quality of the surround community.

[12] An analysis of the success and/or failure of similar projects.

[13] A statement of any adverse effects on employment, taxes and property values.

[14] A statement of any effects on desirable community growth.

[15] A statement describing the location and impact of the project on nearby recreation areas.

[16] Such other information as reasonably required by the Board of Supervisors, Planning Commission, Engineer, and/or Solicitor.

(e) The facility shall have one point of vehicular access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (to both pedestrians and vehicles) on the adjacent arterial and/or collector street(s).

(f) Hours of operation and activities must be appropriately scheduled to protect adjoining properties from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

(g) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(h) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(i) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(j) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(k) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(l) A traffic impact study is required.

(m) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(n) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(o) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(46) Shopping center. A shopping center shall be a permitted conditional use subject to the following express standards and criteria:

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

(b) All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as in § 350-35G of this chapter.

(c) A shopping center shall have a landscaped buffer measuring 40 feet wide and six feet high along adjoining properties.

(d) A shopping center shall have one point of vehicular access to an arterial or collector street.

(e) Where the proposed development is an addition or expansion of an existing structure, facility, or development within the Township, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.

(f) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(g) Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(h) The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

(i) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(j) Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Uniform Construction Code.

(k) A traffic impact study is required.

(l) To ensure public health and safety, the site should be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

(m) The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

(n) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(47) Storage garage/facility. A storage garage/facility shall be a permitted conditional use subject to the following express standards and criteria:

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

(b) The lot shall have direct vehicular access to an arterial or collector street, and points of vehicular access shall not be through a street on which the current use of the majority of lots fronting on that street is single-family dwellings.

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

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

[1] Two spaces for manager's quarters.

[2] One space for each 10 storage units located as near to the storage unit openings as possible.

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

(e) A storage garage/facility must provide a landscaped buffer measuring 40 feet wide and six feet high along adjoining residential use and residentially zoned properties.

(f) A minimum eight-foot-high fence with a self-latching gate shall be placed on the interior side of each bufferyard. The fence shall be supplemented with screening material which creates a visual barrier that is at least 100% opaque.

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

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

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

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

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

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

(m) Office space may be provided which shall not exceed 5% of the total floor area devoted to storage.

(n) Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 350-40 of this chapter.

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

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

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

(r) Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties. A minimum of six feet above grade shall be masonry construction.

(s) The design of each storage building shall be sealed by an architect.

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

(u) No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the Uniform Construction Code. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the Uniform Construction Code.

(v) A minimum of one fire hydrant shall be provided on the lot, subject to the approval of the number and location of hydrants by the Township Fire Chief, and the facility shall otherwise comply with the Uniform Construction Code.

(w) Buildings shall be so situated or screened so that the access doors are not facing adjacent streets.

(x) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(y) Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

(z) Vehicular access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

(aa) A traffic impact study is required.

(bb) The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, and stormwater management as described in the DEP Stormwater Best Management Practices Manual in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(48) Temporary accessory structure or use. A temporary accessory structure or use shall be permitted as a conditional use subject to the following express standards and criteria:

(a) The temporary structure or use shall be incidental to the development of land or to the erection of structures or for the temporary use of a building in a housing development as a real estate office for said development.

(b) Reasonable safeguards shall be established to protect adjacent uses from detrimental effect of an inharmonious use.

(c) A zoning permit shall be issued for a period no longer than one year.