Township of Cranberry, PA CONDITIONAL USE, PROCEDURE, AND SPECIFIC STANDARDS

Editor's Note: Former Subsection 4C, which required a landscape plan, was repealed 10/7/2010 by Ord. 2010-403.

Three paper copies of the architectural renderings of all existing and proposed buildings and building additions, showing all sides of the building. In addition, all renderings shall be submitted electronically as (.bmp), (.jpeg), or (.png) files on a CD-ROM. This requirement may be waived by the Township for existing buildings when it is demonstrated that no exterior changes to the building are proposed or when determined unnecessary by the Township.

[Amended by Ord. 2010-403, 10/7/2010; and by Ord. 2013-438, 9/5/2013]

Seven copies of a conditional use site plan meeting the requirements for a preliminary plan for land development as set forth in Subdivision and Land Development Ordinance [Chapter 22] and, in addition, demonstrating conformity with all requirements of this chapter.

[Amended by Ord. 2010-403, 10/7/2010; and by Ord. 2013-438, 9/5/2013]

Three copies of an environmental impact assessment for land developments of 5,000 square feet of gross floor area of buildings or more.

[Amended by Ord. 2010-403, 10/7/2010]

(Reserved)[2]

[2]

Editor's Note: Former Subsection 4G, which required a landscape plan, was repealed by Ord. 2010-403, 10/7/2010.

Application fee and review fees established by ordinance or resolution of the Supervisors to cover the cost of review.

Determination of Acceptance/Rejection as Incomplete. Within seven working days after a conditional use application is submitted, the Township shall certify the conditional use application as substantially complete and accepted or incomplete and rejected. Within said time, the Township shall notify the applicant in writing if the conditional use application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.

Planning Advisory Commission Review and Comment or Approval. The Planning Advisory Commission shall review the application for development and make a written recommendation to the Supervisors. If the proposed development is also a land development, the Planning Advisory Commission shall also make a recommendation under the provisions of the Subdivision and Land Development Ordinance [Chapter 22].

[Amended by Ord. 2010-403, 10/7/2010]

Public Hearing. The Supervisors shall hold a public hearing, in accordance with Section 913.2 of the MPC, 53 P.S. § 10913.2, and public notice shall be given as defined in Part 2. The public hearing shall be commenced by the Supervisors within 60 days from the date of an applicant's request for a hearing.

Conditions. In considering any conditional use, the Supervisors may prescribe reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Supervisors deem necessary to implement the purposes of the MPC in 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.

Written Decision. The Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefore. Conclusions based on any provision of this chapter or of any ordinance, rule, or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.

10.

Action. If the Supervisors determine that the application for conditional use meets all requirements of this chapter and receives 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 approval for such conditional use.

11.

Expiration. Conditional use approval shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning approval for structural alteration or erection of structures, zoning approval for occupancy and use 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 their sole discretion, extend 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. The Supervisors may grant an extension for good cause shown by the applicant and provided that the extension will not be contrary to the purposes of this chapter or detrimental to the surrounding neighborhood.

12.

Effect on Prior Approvals. Conditional use approval, granted prior to the effective date of this part, shall expire automatically without written notice to the developer if no application for subdivision and land development, zoning approval for structural alteration or erection of structures, zoning approval for occupancy and use, 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 this part or as specified in the approval, unless the Supervisors, in its sole discretion, expends 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.

13.

Modifications. The Supervisors shall consider whether proposed modifications in any of the requirements of this chapter for each zoning district, contained in an application for development for a conditional use will make for a more efficient, attractive, and harmonious conditional use. If such modifications, in the judgment of the Supervisors, constitute a more beneficial use of the site than provided for under the requirements of the zoning district in which the site of the conditional use is located, the Supervisors in their sole discretion may grant the modifications for less strict requirements; however, no modification shall be granted for the following:

Authorized uses shall be limited to those specified as authorized uses or conditional uses in the zoning district in which the site is located.

No modification shall be granted for any construction, development, use or activity within any floodway area as identified in Chapter 8, Floodplain Ordinance, that would cause any increase in the 100-year flood elevation.

[Amended by Ord. No. 2018-485, 11/1/2018]

Under no circumstances shall a modification be granted to the prohibitions of uses or activities in floodplain areas as set forth in Chapter 8, Authorized Uses in the Floodplain.

[Amended by Ord. No. 2018-485, 11/1/2018]

Whenever a modification is granted to construct a structure below the one-hundred-year flood elevation, the Township shall notify the developer in writing that:

The granting of the modification will result in increased premium rates for flood insurance.

Such modification increases the risk to life and property.

All provisions of Subdivision and Land Development Ordinance [Chapter 22], which are not specifically modified by the Supervisors in approving a conditional use, shall apply to any conditional use involving subdivision and land development.

Requests in writing. All requests for modifications or waivers shall be in writing and shall accompany and be part of the application for development. The requests shall state in full the grounds and facts of hardship or evidence of equal or better result on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary.

14.

Burden of Proof. In any application for conditional use, the applicant shall have the persuasion burden and presentation duty to show compliance with this Code, 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.

§ 27-703 General Requirements and Standards.

[Ord. 96-267, 5/2/1996]

The Supervisors shall grant a conditional use only if they find adequate evidence that any proposed development will meet all of the general requirements of Part 3, the standards and criteria for all uses in the zoning district in which the proposed use is located, the express standards and criteria for each use authorized by conditional use procedure found in § 27-705, and all other applicable sections of this chapter. Whenever there is any conflict in these requirements, the stricter requirement shall govern. The Supervisors shall, among other things, require that any proposed use and location be:

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

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.

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.

In conformance with all applicable requirements of this chapter and all of this Code.

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

§ 27-704 (Reserved) [1]

Editor's Note: Former § 27-704, Site Design and Layout, added 4/5/2006 by Ord. 2006-369, was repealed 9-5-2013 by Ord. No. 2013-438.

§ 27-705 Express Standards and Criteria for Each Use Authorized by Conditional Use Procedure.

[Ord. 96-267, 5/2/1996; as amended by Ord. 96-272, 9/5/1996, § 3; by Ord. 97-278, 6/5/1997, § 15; by Ord. 97-284, 11/6/1997, §§ 26-36; by Ord. 98-288, 3/26/1998, §§ 10, 11; by Ord. 99-293, 4/1/1999, §§ 3-5; by Ord. 99-300, 11/23/1999, §§ 11-13; by Ord. 2001-311, 3/1/2001, § 14; by Ord. 2001-317, 9/6/2001, § 8; by Ord. 2001-324, 12/6/2001, § 2; by Ord. 2002-332, 9/5/2002, § 6; by Ord. 2002-334, 11/7/2002, § 4; by Ord. 2003-343, 7/1/2003, § 5; by Ord. 2004-351, 6/3/2004, § 13; by Ord. 2005-354, 2/3/2005, § 6; by Ord. 2005-361, 9/1/2005, § 4; and by Ord. 2005-362, 12/15/2005]

Amusement Arcades.

Amusement arcades which are the principal use on a lot shall only be permitted as part of a shopping center development.

Noise levels from amusement devices within an amusement arcade shall not exceed 50 decibels, measured along the property boundary of the amusement arcade.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

[1]Adult Daily Living Center.

[Added by Ord. No. 2022-509, 10/6/2022]

The operator of an adult daily living (ADL) center shall be licensed or certified by the Commonwealth of Pennsylvania and any other regulatory agency within the commonwealth charged with licensing or regulation of such centers. The license or certification shall be obtained prior to issuance of a zoning approval for occupancy and use under § 27-1102 of this chapter.

The ADL shall be supervised by responsible professionals whose number shall be determined and certified by the appropriate supervisory agency(ies).

The ADL shall comply with all regulations established by the appropriate governmental agency(ies).

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

Editor's Note: Former Subsection 2, Antennae and Accessory Equipment, was repealed 10/2/2014 by Ord. 2014-448.

Arenas and Convention and/or Exposition Centers, as Defined Herein.

The site shall have frontage on and direct vehicular access to a major highway, as defined herein.

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.

A traffic report shall be submitted with the application for development which identifies traffic control measures within the site and at the points of ingress and egress warranted at peak usage of the facility.

Where parking is arranged perpendicular to aisle ways collecting traffic, a planting or landscaped island shall be required at the intersection of interior collector aisle ways. Such island shall begin parallel with the last parking space or spaces at the end of a row of parking spaces and not occupy space assigned to the aisle way itself.

All property lines which adjoin residential uses or residential zoning districts shall be screened by a landscaped strip at least 35 feet in depth which shall be comprised of a combination of high-level and low-level plantings and earthen moundings; such screening shall be a minimum of six feet in height at the time of planting. Existing vegetation shall be used to meet this criteria at the discretion of the Supervisors.

The private living areas and associated open spaces of all adjacent residential properties shall be effectively screened from parking lots and service areas, as well as from any other portion of the development site which is actively used.

No direct beams or rays of light from exterior lighting fixtures, signs or vehicles maneuvering on the development site shall be permitted to shine into the private living areas and associated open spaces of adjacent residential properties.

Access for the development site shall be provided from nonresidential streets and shall not require the use of any residential collector or residential local streets.

Outdoor speakers shall be permitted for emergency announcements and crowd control only. Events may not be broadcast to the exterior of the arena.

Location of buildings and structures, traffic circulation and parking lots shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.

The storage of equipment or materials in close proximity to the principal use shall be permitted in a roofed structure with either opaque vertical walls or heavy vegetative planting around the perimeter which provides an effective screen from adjacent properties.

Off-street loading areas shall be provided in accordance with the following requirements:

Square Feet of Gross Floor Area	Number of Berths Required
Under 30,000	1
30,001 – 60,000	1
60,001 – 100,000	2
100,001 – 150,000	3
Each additional 50,000	1 additional

Automobile Detail.

All detail and service work shall be done inside an enclosed structure.

When vehicles are on the site awaiting detailing and service, there shall be a designated storage area that shall not include required parking for the site.

No work defined as automobile repair shall be permitted to be performed at the site unless specifically authorized by ordinance and required approvals granted.

No noise or sound(s) shall be emitted from the site in violation of § 27-313 of this chapter.

Automobile Repair.

All service work and repair shall be done inside an enclosed structure.

No derelict, damaged, or unlicensed vehicles shall be stored on the premises for more than 48 hours.

Vehicles awaiting repair outside and wrecked or junk vehicles shall be screened and a view of them from adjacent properties and streets obscured with a solid vegetative landscape buffer or opaque fencing of at least six feet in height.

[Amended by Ord. 2011-412, 3/3/2011]

When vehicles are to be stored on the site awaiting repair, there shall be a designated storage area that shall not include required parking for the site and such that traffic hazards or blocking of traffic flow shall occur.

[Amended by Ord. 2010-403, 10/7/2010]

All storage of new, used or discarded parts or materials shall be within an enclosed structure.

[Added by Ord. 2010-403, 10/7/2010]

Auto Salvage/Junkyards. Junkyards may be permitted as a conditional use by the Supervisors, subject to the following specific standards and criteria:

The minimum site size shall be five acres.

The site shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

No garbage, organic waste, petroleum products or hazardous waste shall be stored, buried, or disposed of on the site.

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 fire-fighting and prevent the accumulation of stagnant water. The proposed layout of the junkyard shall be indicated on the site plan submitted with the application.

No junk shall be stored or accumulated and no structure shall be constructed within 50 feet of any dwelling unit or within 25 feet of any other parcel line or right-of-way of a public street.

The site shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts with self-latching gate.

The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

All site lines adjoining a residential use or zoning district classification shall provide a buffer yard.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.

Automotive Fueling Station.

[Amended by Ord. 2010-403, 10/7/2010]

Sufficient off-street parking and loading space shall be provided consistent with the requirements of this chapter.

Separation between automotive fueling stations.

[Added by Ord. No. 2022-508, 3/31/2022]

No automotive fueling station shall be located within 2,500 radial feet of any other existing or proposed automotive fueling station on the same directional side of a collector, arterial, or local road. The radius buffer shall also apply to all parcels located on secondary roadways that intersect and/or abut an existing or proposed automotive fueling location.

Automotive fueling stations shall be located within the Route 19, Route 228, or Freedom Road corridors.

Design standards.

[Added by Ord. No. 2022-508, 3/31/2022]

Streetscape enhancements shall be provided as required by and in conformity with the standards for Streetscape Enhancement Overlay District in § 27-324 of this chapter.

Principal structures shall demonstrate consistency with the design guidelines of Small Neighborhood Center Retail Buildings (Section 28) and the building material guidelines (Section 33) found in Exhibit B, the General Manual of Written and Graphic Design Guidelines.[2]

[2]

Editor's Note: Exhibit B is included as an attachment to this chapter.

The design of fuel pump canopies, including the columns, shall match the design and exterior building materials of the principal building.

Additional uses.

[Added by Ord. No. 2022-508, 3/31/2022]

Small retail, retail food restaurant, automotive wash, and/or electric charging stations shall be permitted as an additional principal or accessory use to an automotive fueling station.

Site layout standards.

[Amended by Ord. 2013-438, 9/5/2013; and by Ord. No. 2022-508, 3/31/2022]

The facade of the principal building shall front on a roadway with streetscape enhancements. In addition, the principal building shall be physically linked with sidewalks to the required streetscape enhancements.

Pumps, canopies, tanks. accessory uses, and accessory structures shall be located behind the principal building.

All pumps, canopies, tanks, accessory uses, and accessory structures shall be set back an additional 50 feet from any front setback lines (Reference Figures Z-10.0 to Z-10.5[3] in 27 Attachment 9).

[3]

Editor's Note: Figures Z-10.0 to Z-10.5 are included as attachments to this chapter.

The site layout and relationship between proposed structures shall be generally consistent with an option depicted in Figures Z-10.0 to Z-10.5 in 27 Attachment 9.

The ingress and egress shall not create hazardous conditions or undue congestion of traffic circulation in the immediate area.

All canopy lighting must be fully recessed within the canopy.

Bulk Fuel Storage.

All state and federal permits shall be acquired prior to filing the application for development.

The fuel storage area shall be capable of containing at least 1 1/2 times the amount of the largest storage tank.

An explicit plan for emergency procedures and fire prevention and containment shall be approved by the Township.

The Supervisors may impose restrictions upon access to the facility, storage of vehicles or materials on the premises, hours of operation and such other matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the zoning district or adjacent parcels.

Camping Facility.

In the case of a camp or campground in which multiple units, including tents, travel trailers and other forms of living accommodations, are placed on one site, a twenty-five-foot buffer area shall be required to separate the to a mud-free, dust-free condition, and shall be designed for safe and convenient access to camping spaces and to facilities for common use by the occupants. Direct access to individual camping spaces from public streets shall not be permitted.

All camps and campgrounds shall comply with all applicable regulations of the commonwealth, including, but not limited to, regulations covering food service, water supply, sewage disposal, bathing places, vector control, toilet facilities, sanitary stations, and garbage disposal.

Vacation cottages, rental cabins and other dwellings with permanent foundations shall comply with the minimum net lot area and dimensional standards of the zoning district in which they are located.

The Supervisors may impose restrictions upon access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to insure that there is no adverse impact on the functioning of the zoning district or adjacent parcels.

10.

Cemetery/Crematorium.

Expansion and/or establishment of cemeteries must be in conjunction with and adjacent to existing cemeteries or religious facilities.

Adequately funded programs and provisions which meet the approval of the Township Solicitor shall be provided to guarantee perpetual care of all cemetery grounds. This provision shall apply to existing cemeteries for which expansions are proposed.

All garages, equipment shelters, offices and similar structures shall be screened from adjacent streets and residential properties by appropriate planting or fences approved by the Supervisors on the basis of design, aesthetic quality and general adequacy.

All equipment shall be properly stored when not in use.

11.

Commercial and Private Recreation.

[Amended by Ord. 2010-403, 10/7/2010; by Ord. 2012-431, 8/2/2012; by Ord. 2013-437, 6/6/2013; and by Ord. 2013-438, 9/5/2013]

Uses that feature outdoor entertainment and/or recreational activities and are located on a site adjacent to a residential use shall provide all applicable buffer yards as required by this chapter, and no activity shall occur within the said buffer area. Additional screening may be required as determined appropriate by the Board of Supervisors in order to reasonably contain noise, light, fumes, objects, or other materials to the site of the proposed use.

[Amended by Ord. No. 2022-505, 1/27/2022]

Off-street parking shall be provided in conformance with § 27-312, Off-Street Parking Requirements.

All ingress and egress to and from the site shall be so situated as not to interfere with through traffic movements on adjacent streets.

No lighting, noise, or other aspect of the recreation development shall, in the opinion of the Planning Advisory Commission or Supervisors, produce any nuisance factor to any existing or approved residential or public uses which are in proximity.

[Amended by Ord. No. 2022-505, 1/27/2022]

Applicants for commercial and private recreation establishments shall submit a lighting study that identifies all outdoor lighting fixtures and examines the effect of those fixtures on adjacent existing and approved uses. The plan shall include a lighting mitigation strategy that addresses the effects of outdoor lighting on all adjacent existing and approved uses

[Added by Ord. No. 2022-505, 1/27/2022]

12.

Commercial Motor Vehicle Repair.

Said use will be permitted only when the proposed site has direct access to a major highway.

All use and equipment for commercial motor vehicle repair shall be conducted entirely within a building.

No derelict, damaged, or unlicensed vehicles shall be stored outside on the premises for more than 48 hours.

No loudspeakers shall be permitted outside of any enclosed structures.

Buffer areas shall be provided in accordance with the following:

Landscaping Around the Site Perimeter. A minimum forty-foot-wide perimeter strip shall be provided around the perimeter of the site with five evergreen trees having a height of not less than six feet per 35 linear feet of perimeter. In addition, an elevated earth berm a minimum of five feet higher than the finished elevation of the parking lot shall be provided. Where existing vegetation occurs along the perimeter of the lot line, a fifty-foot-wide undisturbed preservation strip having existing mature trees may be substituted for the required planting.

[Amended by Ord. 2010-403, 10/7/2010; and by Ord. 2013-438, 9/5/2013]

In addition to any other necessary measures, buffer areas shall be adequate to limit the impacts of sound, vibration, and light to the standards stated in § 27-313 through § 27-319 of this chapter as well as to provide an appropriate visual screen between incompatible land uses.

All structures shall be set back a minimum of 100 feet from the front yard lot line.

[Amended by Ord. 2010-403, 10/7/2010; and by Ord. 2013-438, 9/5/2013]

No portion of the lot shall be paved with asphalt, concrete, or other substance within 75 feet from the right(s)-of-way adjoining such lot or site.

[Amended by Ord. 2010-403, 10/7/2010; and by Ord. 2013-438, 9/5/2013]

The Supervisors may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the district, municipal infrastructure (including but not limited to the Township's water and sewer systems, transportation network and the like) or adjacent land uses.

13.

Continuing Care Facilities.

[Amended by Ord. 2006-371, 4/5/2006, § 5; Ord. 2010-403, 10/7/2010; and by Ord. No. 2022-509, 10/6/2022]

The operator of a continuing care facility shall be licensed or certified by the Commonwealth of Pennsylvania and any other regulatory agency within the commonwealth charged with licensing or regulation of such centers. The license or certification shall be obtained prior to issuance of a zoning approval for occupancy and use under § 27-1102 of this chapter.

Streetscape enhancements shall be provided as required by and in conformity with the standards for Streetscape Enhancement Overlay District in § 27-324 of this chapter.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

14.

Composting Facility.

The composting activity shall be located a minimum of 100 feet from any property line abutting a non residential use or zoning district.

The composting activity shall be located a minimum of 200 feet from any property line abutting a residential use or zoning district.

15.

Concrete and Asphalt Batch Plant. Concrete and asphalt batch plants may be permitted as a conditional use by the Supervisors, subject to the following specific standards and criteria:

If materials are to be stored they shall be screened sufficiently from adjacent properties and the public right-of-way.

All batch plants (permanent or temporary) shall have an effective dust collection system approved by the Township.

Supervisors may require the use of wheel washers or other means of cleaning trucks/vehicles before entering public streets.

Batch plants shall have a Township approved sediment pond before wash out water is discharged into any waterway.

The Township may require a bond to be posted of sufficient amount to cover the cost of maintenance, repair, and reconstruction of any Township roads over which vehicles may travel to and from the approved site. The bond may be reviewed periodically to determine whether the amount is sufficient to cover any maintenance or repair cost.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.

16.

Day-Care Center.

The operator of a day-care center shall be licensed or certified by the Commonwealth of Pennsylvania and any other regulatory agency within the commonwealth charged with licensing or regulation of day-care centers. The license or certification shall be obtained prior to issuance of a zoning approval for occupancy and use under § 27-1102 of this chapter.

The day-care center shall be supervised by responsible nonclient adults whose number shall be determined and certified by the appropriate supervisory agency(ies).

The day-care center shall comply with all regulations established by the appropriate governmental agency(ies).

An outdoor play area in a day-care center for children under 16 years of age shall be provided with a minimum of 65 square feet per child in such area. The play area shall be fenced, with a minimum of four feet height on the which shall be of a type to keep children contained within in the yard (safety fence).

A day-care center located in a nonresidential building shall comply with the following standards:

Minimum net lot area	1 acre
Minimum lot width	100 feet
Minimum required side yard on street side	50 feet
Minimum rear yard	50 feet
Minimum side yard	25 feet
Maximum height	45 feet

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

17.

(Reserved)[4]

[4]

Editor's Note: Former Subsection 17, Continuing Care Facility, was repealed by Ord. No. 2022-509, 10/6/2022. See now Subsection 13, Continuing Care Facilities.

18.

Distribution Warehouse Centers.

Any distribution warehouse centers that have a building area of 75,000 square feet or more or a gross floor area of 75,000 square feet or more, shall in addition to the provisions of this subsection comply with Subsection .29, Large Land Development or Use Center.

Buffer areas shall be provided as follows for any perimeter adjacent to any residential lot:

Landscaping Around the Site Perimeter. A minimum thirty-foot wide perimeter strip shall be provided around the perimeter of the site, except along streets, with four evergreen trees having a height of not less than six feet and six shrubs per 35 linear feet of perimeter. In addition, an elevated earth berm a minimum of three feet higher than the finished elevation of the parking lot shall be provided. Where existing vegetation occurs along the perimeter of the lot line, a forty-foot wide preservation strip having existing mature trees may be substituted.

In addition to any other necessary measures, buffer areas shall be adequate to limit the impacts of sound, vibration, and light to the standards stated in § 27-313 through § 27-320 of this chapter as well as to provide an appropriate visual screen between incompatible land uses.

The emissions of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, to animals, vegetation, or to property, or which can cause any soiling, or staining of persons or property at any point beyond the lot line of the use creating the emission is prohibited.

No loud speakers shall be permitted outside any enclosed structures.

No materials or waste matter of any kind shall be deposited upon a lot in such form or manner that it may be transported off the lot by natural causes or forces.

No materials or other substances that can contaminate wells, watercourses, or potable water supplies shall be deposited on the site.

No activities involving the storage, utilization, or manufacture of materials or products which could decompose by detonation shall be permitted except as authorized by the Township. Such materials shall include, but need not limited to, all primary explosives such as lead oxide and lead sulfate; all high explosives and boosters such as TNT, RDS, tetryl, and ammonium nitrate; propellants and components thereof such as nitrocellulose, black powder, ammonium perchlorate and nitroglycerin; blasting explosives such as dynamite, powdered magnesium, potassium chlorate, potassium permanganates, and potassium nitrate, and nuclear fuels and reactor elements such as uranium 235 and plutonium. A list of such materials shall be provided to the Township Fire Departments.

No warehouse or storage building, or part thereof, may be used for a dwelling purpose at any time.

All maintenance operations and storage of materials shall be conducted inside a building, except for the storage of materials in accordance with Subsection H.

The Supervisors may impose restrictions on access to the facility, storage of vehicles, or materials on the premises, hours of operations and other such matters as they deem necessary to insure that there is no adverse impact upon the functioning of the district, municipal infrastructure (including but not limited to the Township's water and sewer systems, transportation network and the like) or adjacent land uses.

19.

Drive-In Restaurant.[5]

The development is only allowed in conjunction with a large land development, a regional shopping center, or a community shopping center.

No outdoor loudspeakers are permitted.

All canopy lighting must be fully recessed within the canopy.

All parking lots must be screened with a five-foot masonry wall wherever the parking lot abuts an adjacent property, parking lot, street or driveway. The parking lot perimeter screening plantings shall be planted outside of the screening wall.

All parking areas and driveways must be curbed with six-inch vertical concrete curbs constructed in accordance with the PPIC to protect the masonry wall.

Vehicular and pedestrian connectivity must be provided to any adjacent parcels or development.

Any outdoor seating provided must be separated and screened from any adjacent parking lot, street, or driveway with fencing and a continuous row of shrubs.

The architecture of the restaurant must provide for the harmonious integration of the restaurant with the general vicinity.

Signs shall be posted within the parking lot area advising patrons to not allow their vehicle to idle while eating to protect customers from being exposed to unnecessary exhaust fumes.

[5]

Editor's Note: Added at time of readoption of Code.

19A.

Drive-thru Establishments and Drive-thru Restaurants. Each window, bay or area designed for drive-thru service shall provide five reservoir vehicle stacking spaces per window, bay, or area; such space shall not encroach into any other required aisles or spaces.

[Amended by Ord. 2010-403, 10/7/2010]

Drive-thru restaurants shall only be permitted in conjunction with regional shopping centers and community shopping centers and only after a finding of fact by the Planning Advisory Commission that vehicular access to such facility utilizes only the internal circulation network of the center.

Drive-thru restaurants shall only be permitted in the SU-1 Zoning District in conjunction with large land development or use centers along Route 228 that have internal traffic circulation utilizing limited signalized access and shall be consistent with the character of the area.

Drive-thru lanes shall be located to the rear of buildings unless the Township determines that drive-thru lanes located on the side of the building will have less impact on adjacent uses, vehicular and pedestrian circulation and safety.

Drive-thru lanes shall be screened from view by landscaping, grading treatments, architectural features, or a combination of the above.

A drive-thru shall be located so that it does not conflict with pedestrian or vehicular movement.

Drive-thru lanes shall be distinctly marked by traffic islands a minimum of five feet in width. A separate circulation drive shall be provided for passage around and escape from the outermost drive-thru service lane. The Township may consider alternative designs when it is demonstrated that the drive-thru is screened from view and that traffic and pedestrian circulation is improved.

The canopy shall be architecturally compatible with the principal building.

A drive-thru shall have no more than two service lanes and a passage around and escape from the outermost drive-thru service lane, except that a financial institution may have a minimum of three service lanes.

20.

Educational Institution, Public and Non-Public Educational Institutions. In the R-1, R-2, and R-3 Zoning Districts shall be limited to public and private schools accredited by the commonwealth whose primary purpose is the education and training of children and youths.

In the R-1, R-2, and R-3 Zoning Districts, the minimum required yard along all lot lines shall be 50 feet.

A public school may provide a day-care center as an ancillary service.

Any religious establishment, educational institution, or public use which provides a day-care center shall also meet the express standards and criteria for a day-care center.

Ingress and egress provisions shall be adequate to minimize congestion on adjacent highways and local streets during peak use periods.

All off-street parking lots shall be suitably paved and screened from adjoining residential properties by appropriate plant material or structures as approved by the Supervisors.

Fire and safety provisions shall be adequate to meet local and state requirements.

Educational institutions in the R-1, R-2, and R-3 Zoning Districts shall be limited to public and private schools accredited by the commonwealth whose primary purpose is the education and training of children and youths.

21.

Extrication of Minerals. Extrication of minerals may be a conditional use by the Supervisors in those areas of the Township where the underlying district permits mining according to the following standards and criteria:

The applicant for a mining or processing conditional use permit shall submit the following information to the Zoning Officer:

Evidence of compliance with all state and federal laws applicable to the process for which the conditional use permit is sought.

A description of the character, timing, and duration of the proposed operation, including maps and plans showing the area and extent of the proposed activity, the location and design of all structures, depth of the excavation, areas for storage of soil materials areas for the deposit of coal waste, and facilities for processing, loading and transportation of minerals.

The location of all structures, land uses, and overlay zoning features which may be affected by the proposed operation and measures which will be taken to protect all structures, land uses and overlay zoning features from adverse impacts from mining.

Measures which will be taken to insure that any loss, diminution or pollution of water supplies in areas affected by mining will be corrected or replaced.

Measures which will be taken to insure that the performance standards contained in all sections of this chapter shall be met.

Description of plans for the transportation of the mined product, including routes of travel, number arid weight of vehicles and measures which will be taken to maintain all roads within the Township which are used to transport minerals and to repair any damages which may result from the use of roads for loads and volumes of traffic which are in excess of their use by vehicles associated with permitted uses in the concerned district.

Plans for the restoration and reclamation of all land affected by the extractive operation to a condition which will support agriculture or other uses which are permitted by right or as conditional uses in the concerned district.

In deciding upon an initial application for a conditional use permit for extraction or processing, the Board of Supervisors shall evaluate the impact of the proposed activity upon adjacent areas and upon the community at large and shall approve granting of a permit only if they find that:

The scale, pace and duration of the proposed activity are reasonable in relationship to the ability of other portions of the community to maintain normal patterns of activity while mining activities are ongoing.

Adequate safeguards are provided to insure that damage will not be done to property elsewhere in the Township or to the natural environment.

The proposed plan for reclamation and reuse of land is acceptable. If the proposed reclamation plan is for agriculture, forestry or other undeveloped use, grading, drainage and vegetation are compatible with other such use areas in the Township. If the proposed reclamation is for development, the proposed development should be compatible with the Comprehensive Plan and in conformance with the purposes and regulations of the district in which it is located.

In deciding upon an application for any expansion or change in a mining or processing application, the Board of Supervisors shall consider all of the factors listed above and in addition shall grant a conditional use permit only if the following conditions are met:

The performance of the applicant to date has been in conformance with all of the agreements made at the time of the initial conditional use approval.

No expansion in area of a mining operation shall be permitted until mining activities have been completed on an equivalent area of land and the land shall have been graded and vegetation established in accordance with the approved plan for reclamation of the site.

In no case shall a conditional use permit granted by the Board of Supervisors extend to an area of land or mode of operation which is larger or in any way different from the scope of permits issued concurrently by state and/or federal permitting authorities for the same existing or proposed mining or processing activity.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.

22.

Fuel Generation Plants.

Fuel generation plants shall be located at least 1,000 feet from any property line adjoining a residential use or zoning district and at least 500 feet from a property line adjoining any other zoning district.

The perimeter of all fuel generation plants shall be screened from adjacent properties and streets as provided by § 27-317.

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

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

23.

Golf Course (Public and Private) and Country Club.

All property lines adjoining a residential use or zoning district shall be screened as provided in § 27-317.4.D.

[Amended by Ord. 2013-438, 9/5/2013]

All principal structures such as pools, bath houses, restaurants, or clubhouses shall be set back at least 100 feet from the front lot line and at least 50 feet from other lot lines.

Outdoor lighting for buildings and facilities may be approved, provided it is directed away from residential uses and public rights-of-way.

Activities which produce an objectionable level of noise to surrounding residential properties shall not be permitted.

The Supervisors may impose restrictions upon access to the facility, storage of vehicles or materials on the premises, hours of operation, and other such matters as they deem necessary to ensure that there is no adverse impact on the functioning of the zoning district or adjacent parcel.

24.

Greenhouses/Nurseries Wholesale. Subject to the following conditions:

The raising, of plants, trees, flowers, and shrubs shall be clearly the primary use of the property and shall not include retail sales of materials.

Impervious surface coverage shall not exceed 20%.

Delivery of materials, plants, flowers, shrubs, or trees shall not be made using a tractor-trailer combination vehicle.

No greenhouse shall be located closer than 100 feet to the nearest property line.

Sign requirements shall be in accordance with Part 6 of this chapter.

Expansion of existing nursery uses shall not be permitted except in strict compliance with the conditions set forth herein.

25.

Hospitals.

Structures in which patients are housed must be approved by local fire officials and code enforcement officers, who shall specify that structural conditions, sanitation, entrances and exits, fire control and other appropriate elements are adequate.

Public water and sanitary sewer facilities shall be provided sufficient to meet present and foreseeable requirements based upon a certification by a registered professional engineer.

[6]Off-street parking shall be provided in conformance with § 27-312, Off-Street Parking Requirements.

[6]

Editor’s Note: Former Subsection C, regarding yard requirements and densities, was repealed 6/29/2017 by Ord. 2017-471, which also provided for the renumbering of former Subsections D and E as Subsections C and D.

All ingress and egress to and from the site and off-street parking shall be situated so as not to interfere with through traffic movements on adjacent streets.

26.

(Reserved)[7]

[7]

Editor's Note: Former Subsection 26, Intermediate-Care Facility or Skilled Nursing Facility, was repealed by Ord. No. 2022-509, 10/6/2022.

27.

Kennels.

[Amended by Ord. 2012-431, 8/2/2012, § 20; by Ord. 2016-464, 6/30/2016; and by Ord. 2016-468, 12/15/2016]

The operator or owner of any kennel must hold all current state and local licenses and permits for the location, activity, and number of animals so specified.

Kennels shall comply with the provisions of Chapter 2.

Any exterior fenced area wherein animals exercise or are otherwise kept or permitted to remain must be located a minimum of 150 feet from any principal structure on adjacent lots, measured from any point of the perimeter of the exterior exercise area.

The perimeter of the exterior exercise area must be fenced with weatherproof material, a minimum of five feet in height, and the area must be accessible only through a self-latching gate.

Any structure used to house animals shall be equipped with code-approved nontoxic noisedampening material or acoustic tile, and all housing structures for animals shall be located indoors.

A kennel shall be permitted as an accessory use to veterinary offices in zoning districts where veterinary offices are permitted subject to all the conditions of § 27-705.52.[8]

[8]

Editor’s Note: Former § 27-705.52, Veterinary, was repealed by Ord. 2016-468, 12/15/2016.

A kennel proposed to be located in a C-1 Zoning District shall be permitted as a conditional use only when the portion of the property to be used as a kennel (including structures, outbuildings and exterior exercise area, if any) is located at least one thousand (1,000) feet from any residential Zoning District as measured from property line to property line.

28.

Landfill/Incinerator.

Incinerators and landfill operations shall be located at least 1,000 feet from any property line adjoining a residential use or zoning district and at least 500 feet from a property line adjoining any other zoning district.

The perimeter of all incinerator and landfill sites shall be screened from adjacent properties and streets with the type of landscaping as required by § 27-317 Landscaped Buffers and Setbacks.

Evidence of compliance with all regulations and permit requirements of the Pennsylvania Department of Environmental Protection (DEP) and other state and federal agencies with jurisdiction over such operations shall be submitted with the application for development.

A suspension or revocation of the DEP permit shall be an automatic suspension or revocation of all Township permits and approvals.

If a change of ownership occurs, the new owner shall submit a new application for development for conditional use approval. Approval of the new application shall not be granted until a state permit is issued to the new owner by DEP.

The Township Engineer, or any other official designated by the Supervisors, may make inspections of the facility at the discretion of the Township, or upon complaint, to determine if the operation is being conducted according to approved plans and permits. Upon citizen complaint and at the discretion of the Township Manager, said official may make inspection of the facility.

Access streets to the incinerator or landfill site shall be constructed according to DEP permit requirements. The Township shall require a bond to be posted of sufficient amount to cover the cost of maintenance, repair, and reconstruction of any Township streets over which the collection and disposal vehicles may travel to the approved site. The bond shall be reviewed periodically to determine if the amount is sufficient to cover any maintenance or repair costs.

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

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.

29.

Large Land Development or Use Center. (See shopping center.)

[Amended by Ord. 2010-403, 10/7/2010]

Uses. Any authorized uses by right, by special exception, or by conditional use or combination of such uses authorized in a zoning district in which a large land development or use center is authorized, shall be permitted in a large land development or use center. See § 27-402, Tables of Authorized Uses. The following use shall be exempt from the express standards and criteria of a large land development or use center when it is not in combination with other uses:

Educational institution.

Internal Access Street System. A looping internal access street system shall be provided. All uses shall have access by means of the internal access street system. The internal street system shall be arranged to allow proper development of the surrounding properties and a continuous network with the internal street systems of surrounding properties.

Pedestrian Circulation. A system walkways, sidewalks, crossings and the like shall be provided for access to the center along and across access streets and from adjacent residential uses, as well as for access within the center.

Traffic Control. All traffic ingress and egress shall be subject to the analysis of the Township Traffic Engineer and shall be limited to ensure safety to the citizens of the Township, including compliance with the Official Map. Full access connections to state roads shall be at signalized intersections with internal access streets only, subject to approval of the Pennsylvania Department of Transportation. Nonsignalized access points shall be limited to right in/right out only. Access points to SR 228 and SR 19 shall be minimized and serve multiple parcels whenever possible.

Access to Local Residential Streets. Access to the large land development or use center shall be designed so as to discourage the use of local residential streets by commercial traffic.

Multimodal Access and Transfer. Provision shall be made within the center to accommodate transit and bicycle access, to accommodate transfer between modes of transportation, and to encourage the use of transit in order to minimize automobile traffic.

30.

Laundromat and Dry-Cleaning Facilities. With drive-thru facilities shall comply with Subsection 19, Drive-Thru Establishments.

31.

Manufacturing, Light.

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

The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.

The size of the proposed operation and its relationship to surrounding uses shall be evaluated by the Supervisors to determine the appropriateness of the proposed activity in the location proposed.

Adequate public facilities shall be available to meet the requirements of the proposed manufacturing processes.

Adjacent public streets shall be adequate to accommodate the traffic volumes and weight limits associated with truck traffic to and from the site.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

32.

Manufacturing, Heavy. See "Manufacturing, Light."

33.

(Reserved)[9]

[9]

Editor's Note: Former Subsection 33, Methadone Treatment Facility, was repealed 12/3/2015 by Ord. No. 2015-460.

34.

Mini-Warehouse.

[Amended by Ord. 2018-479, 2/1/2018]

The use shall be limited to dead storage of goods not in active use. The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited, including propane or gasoline engine or storage tanks.

No activities other than rental of storage units and pickup and deposit of dead storage shall be allowed on the premises.

Examples of activities prohibited in this use include, but are not limited to, the following:

Auctions, commercial wholesale or retail sales, or miscellaneous or garage sales.

The servicing, repair, or fabrication of engines, motor vehicles, boats, trailers, lawn mowers, appliances, furniture, or other similar equipment.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

The establishment of a transfer and storage business.

Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

All storage shall be within an enclosed building. The outside storage of any materials, vehicles or other items is prohibited.

The perimeter of the site shall be fenced with a minimum eight-foot solid fence with self-latching gate. Fencing shall be of wood or synthetic materials and chain link is not allowed.

Maximum building height: three stories and shall not exceed 40 feet.

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

Any part of a building that faces or is visible from a public or private street shall have architectural features that allow the building to blend in with an office-building atmosphere. Components of buildings that face or are visible from public or private streets shall have the following minimum characteristics:

Glazing on each story (for each 12 feet of building height) that would typically be seen on an office building.

A mix of construction materials and colors.

Horizontal and vertical breaks that create visual interest.

Variation in roof line design for all portions of the roofline that are visible from public or private streets.

A water table for all portions of the building that are visible from public or private streets, constructed of masonry units that are at least four feet in height as measured from grade level.

The Supervisors may impose restrictions upon access to the facility, hours of operation and such other matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the adjacent parcels.

No door openings accessing storage units shall face or be visible from an adjacent residential zoning district, nor public or private streets.

The site shall front along a collector or arterial street and shall have direct vehicular access to a collector or arterial street.

Driveway access shall be limited to a single two-way or two single one-way driveways from each street on which the site has frontage. Shared access with adjacent properties or uses is encouraged.

All interior driveways shall be paved.

35.

(Reserved)[10]

[10]

Editor’s Note: Former Subsection 35, Mixed-Use Center, was repealed 3/1/2018 by Ord. No. 2018-480.

36.

Mobile Home Parks.

Minimum site area: 10 contiguous acres.

Site Requirements. The location of all mobile home parks shall comply with the following minimum requirements:

Be free from adverse influence by wetlands, garbage, or rubbish disposal areas or other potential breeding places for insects or rodents.

Not be located in an identified floodplain area in accordance with Chapter 8, Floodplain Ordinance.

[Amended by Ord. No. 2018-485, 11/1/2018]

Not be subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor, or glare.

Use for Nonresidential Purposes.

No part of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents' use and for the management and maintenance of the park.

Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities.

No central toilet or washroom facilities shall be constructed in any mobile home park.

Mobile Home Lots.

Mobile home lots within the park shall have a minimum lot area of 6,000 square feet.

The area of the mobile home lot shall be improved to provide adequate foundation for the placement of the mobile home in such a position as to allow a minimum of 15 feet between the mobile home and the street right-of-way.

Required Setbacks, Buffer Strips, and Screening.

All mobile homes shall be located at least 50 feet from any park property boundary line abutting upon a public street or highway and at least 35 feet from other park property boundary lines.

There shall be a minimum distance of 15 feet between an individual mobile home, including accessory structures attached thereto, and adjoining street rights-of-way or common areas.

All mobile home parks located adjacent to industrial or commercial land uses shall be required to provide screening so as to block out the view of such areas. Such screening may be of fencing or of natural growth or a combination of fences and natural growth. All such screening shall be of a minimum height of six feet and shall be placed on the property boundary line separating the park and such adjacent nonresidential uses.

Certificate of Registration. All mobile home parks shall comply with all requirements of the commonwealth and provide the Township with a copy of the certificate of registration and license issued by the commonwealth within 10 days of issuance of such certificate and license.

Separation.

In mobile home parks constructed or expanded after the effective date of the adoption Ord. 85, 6/24/1975, [Chapter 14] mobile homes shall be separated from each other and other buildings by not less than 30 feet regardless of the configuration of placement. This separation shall not restrict attachments as long as a minimum separation of 20 feet is maintained between such attachment and any other mobile home and its attachments.

Nonconforming Mobile Home Parks. Any mobile home unit which is replaced by another mobile home in a mobile home park in existence prior to the effective date of Ord. 85, 6/24/1975, [Chapter 14] shall be separated from all other mobile homes and other buildings by not less than 20 feet regardless of the configuration of placement. This separation shall not restrict attachments as long as a minimum separation of 20 feet is maintained between such attachment and any other mobile home and its attachments.

Off-street parking shall be provided in conformance with § 27-312, Off-Street Parking Requirements.

37.

Multiple-Family Dwelling.

In the MU Mixed Use District, a multiple-family dwelling is only permitted in conjunction with a shopping center.

[Amended by Ord. No. 2022-508, 3/31/2022]

A multiple-family dwelling in a shopping center shall be permitted only on the upper floors of a mixed-use building. No dwelling shall be permitted on the ground level of a mixed-use building.

38.

Nightclub.

Nightclub operations shall cease between the hours of 2:00 a.m. and 5:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.

The owner and operator must provide adequate private security, licensed under the laws of the Commonwealth of Pennsylvania, during events which attract maximum permitted occupancy.

All operations must be conducted within an enclosed building, and doors and windows shall remain closed during hours of normal operation.

No nightclub is permitted within 400 feet of another nightclub (as measured from lot line to lot line).

Operations shall be regulated so that nuisances such as excessive noise levels shall not be created.

39.

Off Track Betting Establishment.

Off track betting establishments shall be permitted only in regional shopping centers.

No off track betting establishment can be located within 500 feet of the boundary line of any property on which is located a residence, education institution, hospital, nursing home, sanitarium, retirement or convalescent home, group home, personal care home, public park, religious establishment, establishment which is licensed to and does sell alcoholic beverages, other off track betting establishment, day-care center, or within 500 feet of any area zoned residential or a PRD.

40.

(Reserved)[11]

[11]

Editor's Note: Former Subsection 40, Personal-Care Home for Not More than Eight Residents, was repealed by Ord. No. 2022-509, 10/6/2022.

41.

(Reserved)[12]

[12]

Editor's Note: Former Subsection 41, Personal-Care Home for Nine or More Residents, was repealed by Ord. No. 2022-509, 10/6/2022.

42.

Public Utility Facilities.

The architectural design, landscaping, and site development must be in keeping with the character of the area in which the public utility facilities are to be located, consistent with the nature of the public utility facilities and the public need or convenience in having the public utility facilities.

Sufficient off-street parking and loading space shall be provided consistent with the requirements of this chapter and the nature of the public utility facilities.

Provision must be made for proper storage of all materials and equipment when not in use.

43.

Race Track (dog, horse, harness, auto, motorcycle).

44.

Religious Establishments.

In the R-1, R-2, and R-3 Zoning Districts, the minimum required yard along all lot lines shall be 50 feet.

A public school may provide a day-care center as an ancillary service.

Any religious establishment, educational institution, or public use which provides a day-care center shall also meet the express standards and criteria for a day-care center.

Ingress and egress provisions shall be adequate to minimize congestion on adjacent highways and local streets during peak use periods.

All off-street parking lots shall be suitably paved and screened from adjoining residential properties by appropriate plant material or structures as approved by the Supervisors.

Fire and safety provisions shall be adequate to meet local and state requirements.

Outdoor speakers shall not be used for broadcasting indoor events but shall be permitted for emergency announcements, and crowd control only.

45.

[13]Rehabilitation Facility or Halfway House.

[Added by Ord. No. 2022-509, 10/6/2022]

The operator of a rehabilitation center or halfway house shall be licensed or certified by the Commonwealth of Pennsylvania and any other regulatory agency within the commonwealth charged with licensing or regulation of such centers. The license or certification shall be obtained prior to issuance of a zoning approval for occupancy and use under § 27-1102 of this chapter.

The rehabilitation center or halfway house shall be supervised by responsible professionals whose number shall be determined and certified by the appropriate supervisory agency(ies).

The rehabilitation center or halfway house shall comply with all regulations established by the appropriate governmental agency(ies).

Streetscape enhancements shall be provided as required by and in conformity with the standards for Streetscape Enhancement Overlay District in § 27-324 of this chapter.

Outdoor lighting. if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

[13]

Editor's Note: Former Subsection 45, Servants Quarters, was repealed Ord. No. 2020-500, 12/10/2020.

46.

Sexually Oriented Business.

Sexually oriented businesses may be established only in an SP-1 Zoning District.

Persons or owners who intend to open a sexually oriented business must obtain from the Township a license to operate such an enterprise and must pay a license fee as set by resolution of the Supervisors, to the Township. In addition such persons or owners must supply to the Township detailed information as to ownership operation and as required on the licensing application form. This form can be obtained at the Township office.

No sexually oriented business can be located within 1,000 feet of the boundary line of any property on which is located a residence, education institution, hospital, nursing home, sanitarium, retirement or convalescent home, group home, personal care home, public park, religious establishment, establishment which is licensed to and does sell alcoholic beverages, other sexually oriented business, day-care center, or within 1,000 feet of any area zoned residential or a PRD.

47.

Shopping Centers (Including Neighborhood, Community and Regional).

[Amended by Ord. No. 2006-369, 4/5/2006; by Ord. No. 2011-411, 3/3/2011; by Ord. No. 2013-438, 10/7/2013; and by Ord. No. 2018-480, 3/1/2018]

Ingress and egress provisions must be sufficient for the shopping center to minimize congestion on adjacent highways and local streets during peak periods.

Interconnection of Development Sites to Adjacent Sites for Streets (Public or Private) and Driveways.

Developers shall investigate the possibility of creating internal street, driveway, bike or pedestrian connections to all adjacent properties. Applicants shall provide a written feasibility report of all possible connections for each possible direction.

Where adjacent street or driveway connections have been constructed on adjacent parcels, planned or anticipated, the developer shall design internal connections to those streets, driveways, bike lanes or pedestrian connections. See Drawing Z-39 found in Chapter 27, Attachment 9.

Where the Township has adjacent street, driveway, bike or pedestrian connections planned, the developer shall be required to design their plan to connect to such planned connections.

Internal Street Design.

Public or private streets within a shopping center are required and shall have the following minimum components:

Streets shall be designed to provide vehicular connection from one street to another street while providing for through-traffic movement. Paved ways through shopping centers that do not provide connections from one street to another street shall be considered driveways.

Streets shall be designed in accordance with the "Main Street" standards identified in RD-20 through RD-23 in the Public and Private Improvements Code, Chapter 17, with the following exceptions to those standards:

Sidewalks may be allowed to be six feet wide at a minimum.

The required planting area may be modified as identified within the shopping center requirements.

The right-of-way may be modified to the minimum right-of-way width that is necessary to allow a compact and efficient street system that serves the development.

On-street parking within the shopping center is required.

Where possible in shopping centers, parallel or angled parking on streets shall be provided, noting that private streets may have ninety-degree parking. On-street parking shall count as part of the overall required parking for the shopping center. See Drawing Z-40 found in Chapter 27, Attachment 9.

Curb Bulb-Outs with Landscaped Areas.

Curb bulb-outs with landscaped areas shall be required at the beginning and end of every segment of on-street parking. See Drawing Z-41 found in Chapter 27, Attachment 9.

Landscape islands are required for every 20 consecutive parking spaces for on-street parking.

Connections to Existing Streets.

Connections to existing streets shall be limited to the minimum number that are required to provide safe and complete vehicle circulation. Joint access shall be utilized with adjacent site(s) streets and driveways whenever possible.

Streetlighting.

Streetlighting through the use of context-sensitive light fixtures shall be provided on both sides of all streets at 90 feet on center. All parks, plazas, pedestrian pockets and pet pockets shall have adequate lighting provided.

Street Trees and Landscaping Strip.

Street trees may be placed within tree grates when buildings are located within the twenty-foot build-to line, and the landscaping strip may be integrated into a pedestrian area.

Building Footprint Maximums.

Buildings that contain retail uses within their footprint shall not exceed the following footprint maximums: (Note that buildings shall be considered as separate when there is 30 feet or more between building areas. Multi-tenant buildings that contain retail uses that are adjacent to each other or within 30 feet shall be considered as single buildings for these purposes.)

Neighborhood Shopping Center: Shopping centers shall not have more than one retail building with a footprint larger than 25,000 square feet.

Community Shopping Center: Shopping centers shall not have more than one retail building with a footprint larger than 55,000 square feet. Shopping centers shall not have other retail buildings larger than 35,000 square feet.

Regional Shopping Center: Shopping centers shall not have more than one retail building with a footprint larger than 150,000 square feet. Shopping centers shall not have other retail buildings with a footprint larger than 100,000 square feet.

Relationship of Buildings to Streets.

Buildings are intended to define a street (public or private), and they shall be oriented according to the following:

All buildings shall be located along new public or private streets, and their fronts shall face such streets with exceptions as listed in Subsection E(1)(b), (c) and (d). Facades that have primary door access(es) for patrons shall be considered the front of the retail building; and

Buildings shall anchor at least three corners of all four-way intersections and shall be oriented as follows: (Note that the following requirements do not pertain to new intersections with existing public streets.)

Parking lots in front of buildings shall be allowed at only one of the four corners at four-way intersections. See Drawing Z-42 found in Chapter 27, Attachment 9;

Where there is no parking lot in front of buildings, the build-to line shall be no greater than 20 feet;

Where there are outdoor seating areas that are delineated via walls or fencing, parks or plazas, the build-to line shall be measured from the outer limit of the wall, fence, park or plaza border; and

Buildings shall anchor at least two corners of all three-way internal intersections and shall be oriented as follows: (Note that the following requirements do not pertain to new intersections with existing public streets.)

Parking lots in front of buildings shall be allowed on no more than one of the three corners at three-way intersections. See Drawing Z-43 found in Chapter 27, Attachment 9;

Where there is no parking lot in front of buildings, the build-to line shall be no greater than 20 feet;

Where there are outdoor seating areas that are delineated via walls or fencing, parks or plazas, the build-to line shall be measured from the outer limit of the wall, fence, park or plaza border; and

(d)

50% of all buildings that are not located at intersections within a shopping center shall be oriented with the front facade of the building(s) placed within the twenty-foot build-to line along any new street or at the twenty-five-foot building setback line along any existing street. (Note: In developments with an odd number of buildings, the majority of buildings shall be oriented with the front facade placed no greater than the twenty-foot build-to line.)

Where there are outdoor seating areas that are delineated via walls or fencing, parks or plazas, the build-to line shall be measured from the outer limit of the wall, fence, park or plaza border.

Relationship of Building to Building Within a Shopping Center.

For developments with multiple buildings, the shopping center shall be designed so that buildings have a relationship to each other through building placement, pedestrian connectivity and cohesive site design.

Building Design.

Integrated Design.

Buildings within any shopping center shall have a common theme that provides a sense of place. Accent materials shall occur on all structures within a shopping center, which will be achieved through building material and colorization choices that reoccur to create cohesiveness among all buildings.

Building Height.

All buildings shall be at least 20 feet in height.

Buildings with multiple stories are encouraged within shopping centers.

Roofline Variation.

Buildings shall have roofline variation.

Blank or Bare Exterior Walls.

There shall be no blank or bare exterior walls for more than 35 linear feet (measured horizontally) where the wall is visible from a street, parking lot or pedestrianway. Blank or bare walls shall have an element constructed within them that creates a visual break in the wall. Examples of this would be faux windows, pilasters or other permanent architectural features that break up the massing of the blank or bare wall.

Parking Design and Orientation.

Parking areas along streets shall be screened with a street wall that meets the following criteria:

A masonry pier wall with simulated wrought-iron fencing shall be installed along all parking areas that front streets (public or private). The street wall design shall match the design from Exhibit B, General Manual of Written and Graphic Design Guidelines and the Streetscape Enhancement Overlay District, in Chapter 27 (Zoning). See Drawing Z-44 found in Chapter 27, Attachment 9.

Parking lot aisles shall be designed to collect traffic and have focused entry points onto internal streets. Parking aisle curb cut access to internal streets shall be avoided and be designed to limit curb cuts to the minimum number possible.

Drive-Through Facilities.

Drive-through facilities shall meet the following requirements as well as any requirements in Part 7 (conditional uses) of this chapter.

Drive-through facilities shall be designed to separate the vehicle-oriented portion of the drive-through from the pedestrian-oriented portion of the site.

Drive-through facilities shall be designed as such that the pickup window area is screened by architectural features.

Loading and Delivery Areas.

Designated loading and delivery areas shall be separate from parking lots and their vehicle circulation.

Loading and delivery areas for retail buildings that do not have a designated loading and delivery area shall be allowed from any side of the building.

Pedestrian Circulation.

Sidewalks shall be constructed on both sides of all public and private streets and shall connect to existing or proposed sidewalks on adjacent properties.

Sidewalks shall be constructed along any existing streets and shall provide pedestrian circulation to all adjacent sites.

Sidewalks shall provide pedestrian connections to all buildings, plazas, parks, pedestrian or pet pockets within the shopping center.

Protected pedestrianways shall provide a means of safe pedestrian circulation through parking lots to entrance/exit points of buildings. Protected pedestrianways shall be provided for every 200 parking spaces and on sidewalks that connect buildings through parking lots. See Drawing Z-45 found in Chapter 27, Attachment 9.

Protected pedestrianways shall be concrete and shall be at least six feet wide and shall have a four-foot-wide landscape strip on both sides of the entire length of the sidewalk, with the exception of entry and exit points. Trees shall be provided on each side of the sidewalk in the landscape strip at 35 feet on center, staggered side to side.

Protected pedestrianways shall lead to crosswalks that connect to building entry points, parks and plazas.

Parks, Plazas, Pedestrian Pockets and Pet Pockets.

A park or plaza that meets the following size and design requirements shall be provided for the development. See Drawing Z-46 found in Chapter 27, Attachment 9.

Neighborhood shopping centers: minimum of 2,000 square feet.

Community shopping centers: minimum of 6,000 square feet.

Regional shopping centers: minimum of two parks or plazas with a minimum of 6,000 square feet each.

All parks or plazas shall contain features such as fountains, public art, gazebos, improved hard surfaces, context-sensitive lighting and seating.

Pedestrian pockets shall be provided throughout the development site. Pedestrian pockets shall include a bench and waste receptacle. See Drawing Z-47 found in Chapter 27, Attachment 9.

Pedestrian pockets shall be provided within the development in locations that promote pedestrian use.

Pedestrian pockets shall be at least 150 square feet in area.

One pet pocket may be substituted for a pedestrian pocket for shopping centers that may want to support pet activity. Pet pockets shall have the following minimum components:

Dog waste bag facilities and receptacles.

A watering fountain or station.

A shaded area for pet owners that includes seating.

Pet pocket locations shall be placed so that there is a relationship between the pocket location and buildings or other amenities.

Multimodal.

Shopping centers shall be designed to accommodate bicycles by installing bike racks within the development in locations where bike activity will be prevalent.

Transit Stops.

Where transit options are available or anticipated, a transit stop shall be constructed. Transit stops shall be of an approved design that is integrated with the development style and may be incorporated into pedestrian pockets when possible.

Landscaping Excellence.

All developments shall meet the landscaping requirements as set forth in the Zoning Ordinance (Chapter 27), Subdivision Land Development Ordinance (Chapter 22) as well as the Landscaping Excellence section in the General Manual of Written and Graphic Design Guidelines, Exhibit B of Chapter 27 (Zoning).

Areas not paved or occupied by structures shall be landscaped and maintained as such.

Tree grates may be utilized for street trees along streets where buildings are located within the twenty-foot build-to line and where parking lots are along streets.

The no-pave setback plantings as required in § 27-317 are not required for the following:

When parking lots that are internal to sites in shopping centers are located next to a street where a street wall has been provided.

When buildings are placed within the twenty-foot build-to line.

When buildings are placed at the twenty-five-foot setback line.

Existing, mature trees shall be preserved whenever possible and shall be incorporated into the plan.

Foundation plantings, as required in § 22-612, do not apply to shopping centers.

(7)

Site perimeter buffers, as required in § 27-317, do not apply to shopping center perimeters when along major highways nor along perimeters where street connections to adjacent properties are proposed or are existing.

(8)

The impervious-to-pervious ratio for shopping centers may be increased to 80/20 (impervious/pervious percentage) in any zoning district where shopping centers are proposed.

48.

Senior Facilities.

[Amended by Ord. No. 2022-509, 10/6/2022]

Streetscape enhancements shall be provided as required by and in conformity with the standards for Streetscape Enhancement Overlay District in § 27-324 of this chapter.

Outdoor lighting, if any. shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

49.

(Reserved)[14]

[14]

Editor's Note: Former Subsection 49, Telecommunications Tower, was repealed 10/2/2014 by Ord. 2014-448.

50.

Trucking Terminals.

Vehicles traveling and accessing the site shall not be permitted through local streets, only through arterial or collector streets.

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each street on which the site has frontage.

Ingress and egress provisions shall be adequate in the judgement of the Supervisors in consultation with Township Traffic Engineer and Township staff to minimize congestion on adjacent streets during peak periods.

Vehicular access to the site shall be located within 2,500 feet of access to an arterial street.

The proposed use shall submit an environmental impact assessment.

Any building used for a principal use on the lot shall not be located closer than 500 feet from any residential lot.

No portion of the lot shall be paved with asphalt, concrete or other substance within 100 feet from the lot line abutting any residential zoning district.

No activity in the form of shipping, receiving, or trash collection is permitted within 500 feet of a residential lot between the hours of 8:00 p.m. and 6:00 a.m.

Buffer areas shall be provided in accordance with the following:

Landscaping Around the Site Perimeter: A minimum thirty-foot-wide perimeter strip shall be provided around the perimeter of the site, except along streets, with four evergreen trees having a height of not less than six feet and six shrubs per 35 linear feet of perimeter. In addition, an elevated earth berm a minimum of three feet higher than the finished elevation of the parking lot shall be provided. Where existing vegetation occurs along the perimeter of the lot line, a forty-foot-wide preservation strip having existing mature trees may be substituted for the required planting.

In addition to any other necessary measures, buffer areas shall be adequate to limit the impacts of sound, vibration, and light to the standards stated in §§ 27-313 through 27-320 of this chapter as well as to provide an appropriate visual screen between incompatible land uses.

The emissions of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, to animals, vegetation, or to property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is prohibited.

No loud-speakers shall be permitted outside any enclosed structures.

No materials or waste matter of any kind shall be deposited upon a lot in such form or manner that it may be transported off the lot by natural causes or forces.

No materials or other substances that can contaminate wells, watercourses, or potable water supplies shall be deposited on the site.

No activities involving the storage, utilization, or manufacture of materials or products which could decompose by detonation shall be permitted except as authorized by the Township. Such materials shall include, but need not be limited to, all primary explosives such as lead oxide and lead sulfate; all high explosives and boosters such as TNT, RDS, tetryl, and ammonium nitrate; propellants and components thereof such as nitrocellulose, black powder, ammonium perchlorate and nitroglycerin; blasting explosives such as dynamite, powdered magnesium, potassium chlorate, potassium permanganates, and potassium nitrate; and nuclear fuels and reactor elements such as uranium 235 and plutonium. A list of such materials shall be provided to the Township Fire Departments.

No warehouse or storage building, or part thereof, may be used for a dwelling purpose at any time.

All maintenance operations and storage of materials shall be conducted inside a building, except for the storage of materials in accordance with Subsection 51.O.

The Supervisors may impose restrictions on access to the facility, storage of vehicles, or materials on the premises, hours of operations and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the district, municipal infrastructure (including but not limited to the Township's water and sewer systems, transportation network and the like) or adjacent land uses.

51.

Vehicle Sales, Rental, and Service Complexes, Automobile Repair, and Mobile Home Sales.

[Amended by Ord. 2011-412, 3/3/2011; and by Ord. 2015-455, 6/4/2015]

Said use will be permitted as a principal use, in the zoning districts where authorized by this chapter, only when the proposed site has exposure and direct access to a major highway, as defined in this chapter.

Vehicle sales, rental, and service complex uses, only, shall be permitted as an accessory use, in the zoning districts where authorized by this chapter, only when the proposed site has exposure and direct access to a major highway, as defined in this chapter, or on the following road types as defined in the Public and Private Improvements Code or the Township's Comprehensive Plan:

Arterials (principal or minor).

Collector-urban.

Collector-commercial.

(d)

Local-commercial.

(e)

Any private street directly connected to any arterial or commercial street.

All use and equipment for major automobile repair and marine repair shall be conducted entirely within a building.

No derelict, damaged or unlicensed vehicles shall be stored on the premises for more than 48 hours. Vehicles awaiting auto body repair or painting shall be kept behind a fence at least four feet high surrounding the vehicles and obscuring a view of them from adjacent properties and streets.

No loudspeakers shall be permitted outside of any enclosed structures.

The Board of Supervisors may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as it deems necessary to ensure that there is no adverse impact upon the functioning of the district or adjacent parcels.

52.

(Reserved)[15]

[15]

Editor’s Note: Former § 27-705.52, Veterinary, was repealed by Ord. 2016-468, 12/15/2016.

53.

Warehouse.

Warehouse as an accessory use to a principal use on a lot or site shall have a gross floor area of 30,000 square feet or less. Warehouses that have a building area greater than 30,000 square feet or a gross floor area of greater than 30,000 square feet or occupancy greater than 50% of the building area shall comply with the provisions of warehouse as a principal use structure.

The warehouse accessory use shall be ancillary to the principal use on the same lot or site as the permitted principal use.

54.

Waste Transfer Facilities.

Conditional use approval shall be conditioned upon the necessary permit being granted by the Pennsylvania Department of Environmental Protection or appropriate commonwealth agency.

The facility shall comply with all applicable federal and state laws.

The facility must be located at least 300 feet from property zoned for residential use.

The facility shall be located at least 50 feet away from any lot line unless the operator demonstrates that actual processing of waste is not occurring within that distance.

Loading, unloading, storage, compaction, and related activities shall be conducted in an enclosed building.

Noise levels shall not exceed the requirements of § 27-313. If the facility is located within 500 feet of property zoned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

55.

Solar-Energy Facility, Principal Use.

[Added by Ord. 2010-397, 6/24/2010, § 4]

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's visual impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical and control equipment.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any facility shall not exceed 50 decibels at the lot line adjacent to any lot in a nonresidential zoning district and 15 decibels at the lot line adjacent to any lot in a residential zoning district, unless the adjacent property owner shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the office of the Recorder of Deeds of Butler County. The decibel measurement shall be taken at the exterior of any occupied structure on any property other than that occupied by the facility. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

Construction of any facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.

To the extent applicable, all facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.

All electrical components of facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Facilities shall not display advertising, except for reasonable identification of the facility manufacturer.

Transmission and power lines shall be placed underground or out of sight.

The following project information shall be submitted to the Township for every proposed solar-energy facility.

Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar-energy system.

An affidavit or similar evidence of agreement between the property owner and the solar-energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a solar-energy facility.

Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.

A site plan showing the planned location of each proposed solar-energy facility, property lines, setback lines, access roads and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.

A viewshed impact analysis illustrating views of the proposed facility from multiple angles.

A design certification by a certified engineer consisting of the proposed foundation design and analysis of soil conditions.

Solar-energy facilities shall not exceed a maximum height of 15 feet, measured from ground level to the tallest point on the facility.

Preliminary and final land development approval is required for the construction of any solar-energy facility when it is the principal use on a site or lot.

All solar-energy facilities and any associated accessory equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.

Required landscape buffering may be modified so that tall tree species may be replaced with lower-growing tree species where the required tree species may interfere with the functioning of the solar energy facility, only where the required landscape buffer is adjacent to property where nonresidential uses are permitted.

Secure perimeter fencing shall be installed around the solar-energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain link construction with rubberized coating in neutral earth tone colors such as black or brown.

56.

Wind-Energy Facility, Principal Use.

[Added by Ord. 2010-397, 6/24/2010, § 4]

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Construction of any facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.

To the extent applicable, all facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.

All electrical components of facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Facilities shall not display advertising, except for reasonable identification of the facility manufacturer.

Transmission and power lines shall be placed underground or out of sight.

A wind-energy facility shall be permitted as the principal use only on lots five acres or greater.

Preliminary and final land development approval is required for the construction of any wind-energy facility when it is the principal use on a site or lot.

Setbacks.

All setbacks are to be measured from the center of any wind-energy facility base to the nearest point on the foundation of a building or property line.

From off-premise buildings: 1.5 times the height of the wind-energy facility at its tallest point.

From property lines: 1.1 times the height of the wind-energy facility at its tallest point.

From public roads: 1.1 times the height of the wind-energy facility at its tallest point.

The maximum height of any wind-energy facility shall not exceed 120 feet, measured from ground level to the tallest point of the facility, measured to the tip of a blade fully extended perpendicular to the ground plane.

Any individual wind-energy facility shall be separated from any other wind-energy facility by a minimum of 1.1 times the height of the facility, measured from the tips of the blades when the blades are parallel to the ground level.

No moving parts of the wind-energy facility shall extend over parking areas, driveways, roads, or sidewalks, except accessways necessary to service the facility.

The color shall be a neutral tone, such as white, off-white, or gray. The facility coloring shall be solid and any alphabetical or numeric characters shall be representative of the facility manufacturer only and shall comprise no more than five square feet.

The following project information shall be submitted to the Township for every proposed wind-energy facility.

Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of wind facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the wind-energy system.

An affidavit or similar evidence of agreement between the property owner and the wind-energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a wind-energy facility.

Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.

A site plan showing the planned location of each proposed wind-energy facility, property lines, setback lines, access roads and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.

A viewshed impact analysis, illustrating views of the proposed facility from multiple angles.

A design certification by a certified engineer consisting of the proposed foundation design and analysis of soil conditions.

Decommissioning funds shall be posted and maintained with the Township, in an amount equal to 125% of the estimated decommissioning costs, for as long as the facility exists, regardless of change of ownership of the facility or property on which it sits. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations, and any other associated facilities.

An independent and certified professional engineer shall estimate the total cost of decommissioning without regard to salvage value of the equipment.

Decommissioning funds shall be posted and maintained with a bonding company, provided that the bonding company is authorized to conduct such businesses within the commonwealth and approved by the Township and shall be in a form acceptable to the Township.

If the wind-energy system remains unused for a period of 12 consecutive months, the owner, operator, or property owner shall, at its expense, complete decommissioning of the system within six months. The wind-energy system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 24 months.

If the facility owner, operator, or property owner shall fail to appropriately complete decommissioning, the Township may take such action as is necessary to complete the decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns, that the Township may take such action as necessary to implement the decommissioning.

There shall be no components attached to or integral to the facility, such as ladders or steps, that facilitates unauthorized access to the structure.

All access doors to wind-energy facilities and electrical equipment shall be located or fenced, as appropriate, to prevent entry by unauthorized persons.

57.

Gas Resources Development.

[Added by Ord. 2010-406, 10/7/2010, § 3]

Where gas resources development constitutes a land development pursuant to Township ordinances, all provisions of the applicable Township ordinances shall apply, except as preempted by state or federal law.

The applicant shall provide a description of plans for the transportation of materials and equipment to construct and maintain the gas resources development facility. Such description shall include a map showing the planned vehicular access route to the gas resources development site, indicating all state, county, and local roads and transportation infrastructure that may be used. The proposed routes must be designed to minimize the impact on streets within the Township.

Prior to the commencement of any activity on the development site, the applicant shall enter into a Township roadway maintenance and repair agreement with the Township, in a form acceptable to the Township, regarding maintenance and repair of Township roads that are to be used by vehicles for development activities. The applicant shall conduct an inventory, analysis, and evaluation of existing road conditions on Township roads along the proposed transportation route identified by the applicant, including photography, video and core boring as determined to be necessary by the Township Engineer. The Township roadway maintenance and repair agreement will identify the responsibilities of the applicant to prepare, maintain, and repair Township roads before, during and immediately after drilling operations associated with the gas resources development. The applicant shall take all necessary corrective action and measures as directed by the Township pursuant to the agreement to ensure the roadways are repaired and maintained during and immediately after drilling operations associated with the gas resources development.

The applicant shall take the necessary safeguards to ensure that the Township roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur. Beginning with its intersection with a public street, any access road for the development shall be paved for the first 50 feet and improved with limestone or other material for 100 feet in a manner that no water, sediment, or debris will be carried onto any public street.

An off-street area within the development site for vehicles to stand while gaining access to the gas well site shall be provided so that the normal flow of traffic on the public street is undisturbed.

The applicant shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways. During periods of anticipated heavy or frequent truck traffic associated with the development, the applicant will provide flagmen to ensure the safety of motorists and pedestrians and take measures that may include adequate signs and/or other warning measures for truck and vehicular traffic.

The applicant shall have obtained permits from the appropriate regulatory agencies or authorities issued in accordance with all applicable laws and regulations for the proposed use. The applicant shall provide the Township with copies of each such permit application, with copies of all supporting documentation.

Prior to development, the applicant shall provide to the Township a preparedness, prevention and contingency (PPC) plan that clearly outlines and describes all emergency planning associated with the gas resources development.

Upon request of the Township Public Safety Director, the applicant will, prior to drilling its first gas well in the Township, make available with at least 30 days' notice, at the applicant's sole cost and expense, one appropriate group training program for emergency responders. Such training shall be made available at least annually during any year that drilling activities take place at the gas development site.

Any material stored outside an enclosed structure being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing, walls, or evergreen plant material in order to minimize visibility from any adjacent property.

The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection (DEP) to ensure proper plugging when the well is classified as inactive by the DEP.

The operator shall take the necessary safeguards to ensure that appropriate dust control measures are in place.

All man-made water storage features associated with the development shall be secured with a six-foot-high fence. During the drilling process, the gas resources development site shall be secured with a temporary fence and a secured gate.

58.

Wireless Communications Facility (WCF), Tower-Based.

[Added by Ord. 2014-448, 10/2/2014]

All tower-based WCFs that are located outside of the right-of-way and exceed 50 feet in height shall comply with § 27-327 as well as the standards below. Tower-based WCFs that are located in the right-of-way with a height of 50 feet or less shall comply with § 27-327 but are exempt from the requirements below.

The tower shall be equipped with an anti-climbing device, as approved by the manufacturer.

A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround the tower, as well as guy wires, or any building housing WCF equipment.

To the extent permitted by the WBCA or any other applicable state and federal laws or regulations, the Township's Board of Supervisors may impose additional restrictions as it deems necessary to ensure that there is no adverse impact upon the functioning of the district, municipal infrastructure (including but not limited to the Township's water and sewer systems, transportation network and the like), or adjacent land uses.

59.

Large Retail.

[Added by Ord. No. 2018-480, 3/1/2018]

Interconnection of Development Sites to Adjacent Sites for Streets (Public or Private) and Driveways.

Where the Township has adjacent street, driveway, bike or pedestrian connections planned, the developer shall be required to design their plan to connect to such planned connections.

Connections to Existing Streets.

Building Design.

Blank or Bare Exterior Walls.

Loading and Delivery Areas.

Designated loading and delivery areas shall be separate from parking lots and their vehicle circulation.

Loading and delivery areas for retail buildings that do not have a designated loading and delivery area shall be allowed from any side of the building.

Landscaping Excellence.

All developments shall meet the landscaping requirements as set forth in the Zoning Ordinance (Chapter 27) and Subdivision and Land Development Ordinance (Chapter 22).

Areas not paved or occupied by structures shall be landscaped and maintained as such.

Tree grates may be utilized for street trees along streets where buildings are located at the twenty-five-foot building setback.

The no-pave setback plantings as required in § 27-317 are not required for the following:

When parking lots that are internal to sites in large retail centers are located next to a street where a street wall has been provided.

When buildings are placed at the twenty-five-foot setback line.

Existing, mature trees shall be preserved whenever possible and shall be incorporated into the plan.

Foundation plantings, as required in § 22-612, do not apply to large retail centers that meet the provisions of this conditional use section.

(7)

Site perimeter buffers, as required in § 27-317, do not apply to large retail center perimeters when along major highways nor along perimeters where street connections to adjacent properties are proposed or are existing.

(8)

The impervious-to-pervious ratio for large retail centers may be increased to 75/25 (impervious/pervious percentage) in any zoning district where large retail centers are proposed.

60.

Indoor and/or Outdoor Shooting Range.

[Added by Ord. No. 2022-505, 1/27/2022]

Outdoor shooting ranges shall be located no less than 3,500 feet (from property line to property line) from any school (public or private), Township park, religious establishment or existing or approved residential uses.

Indoor and/or outdoor shooting ranges shall not allow the shooting and/or firing of guns, rifles and other similar weapons on a range(s) between the hours of 9:00 p.m. and 7: 00 a.m.

Municipal shooting ranges are exempt from any requirements or restrictions herein.

§ 27-706 Reference Figures.

[Amended by Ord. 2010-403, 10/7/2010; and by Ord. 2013-438, 9/5/2013]

Automotive fueling station.[1]