§ 175-30Provisions for conditional uses.
§ 175-31Procedure for conditional uses.
§ 175-32General requirements and standards.
§ 175-33Express standards.
Conditional uses are to be allowed or denied by the Board of Supervisors pursuant to public notice and hearing and recommendations by the Planning Commission and pursuant to expressed standards and criteria set forth for a particular use listed under this article.
In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed herein, as it may deem necessary to implement the purposes of this chapter.
Authority. The Board of Supervisors shall hear and decide requests for conditional uses in accordance with the provisions of this chapter and the procedures, regulations, and standards and criteria of this article.
Relationship to Township Subdivision and Land Development Ordinance.
Application procedure. The applicant shall submit an application for development for approval of a conditional use to the Zoning Officer at least 10 working days prior to the Planning Commission meeting. The application for development shall indicate the section of this chapter under which the conditional use is sought and shall state the grounds upon which it is requested.
Application content. An application for development for approval of a conditional use shall include the following:
One original application form completed by the applicant. If the developer is other than the landowner, the landowner's authorization of the developer to apply and the nature of the developer's interest in the site shall accompany the application.
Five copies of the application form, provided by the Township and completed by the applicant.
Seven copies of a landscape plan demonstrating compliance with this chapter.
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, and in addition, demonstrating conformity with all requirements of this chapter.
Seven copies of an environmental impact assessment for land developments of 5,000 square feet of gross floor area of buildings or more.
Application fee and review fees established by ordinance or resolution of the Board of 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 Commission review and comment or approval. The Planning Commission shall review the application for development and make a written recommendation to the Board of Supervisors. If the proposed development is also a land development, the Planning Commission shall also make a recommendation under the provisions of the Township's Subdivision and Land Development Ordinance.
Public hearing. The Board of Supervisors shall hold a public hearing, in accordance with § 913.2 of the Municipalities Planning Code,
Conditions. In considering any conditional use, the Board of Supervisors may prescribe reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Board of Supervisors deems necessary to implement the purposes of the Municipalities Planning Code 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 Board of 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 therefor. 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.
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.
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 Board of Supervisors, in its sole discretion, extends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension. The Board of 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.
Effect on prior approvals. Conditional use approval, granted prior to the effective date of this article, 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 article or as specified in the approval, unless the Board of 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.
Modifications. The Board of 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 Board of 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 Board of Supervisors in its 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 that would cause any increase in the one-hundred-year flood elevation.
Under no circumstances shall a modification be granted to the prohibitions of uses or activities in floodplain areas.
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:
All provisions of the Subdivision and Land Development Ordinance which are not specifically modified by the Board of 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.
Burden of proof. In any application for conditional use, the applicant shall have the persuasion burden and presentation duty to show compliance with this chapter, 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.
The Board of Supervisors shall grant conditional use only if it finds adequate evidence that any proposed development will meet all of the general requirements; 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 and all other applicable sections of this chapter. Whenever there is any conflict in these requirements, the stricter requirement shall govern. The Board of Supervisors shall, among other things, require that any proposed use and location be:
In accordance with the Township's 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.
Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.
Antennas and accessory equipment.
Antenna and accessory equipment shall not exceed a maximum height of 35 feet above the top of a structure upon which it is located.
Antenna and accessory equipment shall be located/placed on existing structures.
Antenna and accessory equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the principal structure to which it is attached is located.
Antennas shall be blended with the existing structure to the greatest extent possible.
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 shall be screened and a view of them from adjacent properties and streets shall be obscured with a solid vegetative landscape buffer or opaque fencing of at least six feet in height.
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.
Automobile sales, rental and service.
Said use will be permitted only when the proposed site has exposure and direct access to a major highway.
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 six feet high surrounding the vehicles and obscuring a view of then from adjacent properties and streets.
No loudspeakers shall be permitted outside of any enclosed structures.
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 or adjacent parcels.
Automobile salvage/junkyards.
The minimum site size shall be 25 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 for the storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for firefighting and 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 residential use or zoning districts classification shall provide an adequate buffer yard.
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 not adverse impact upon the functioning of the district or adjacent parcels.
Automobile service stations.
Sufficient off-street parking and loading space shall be provided consistent with the requirements of this chapter.
All storage of new, used or discarded parts or materials shall be within an enclosed structure.
All production servicing and processing shall take place within completely enclosed buildings.
All vehicles awaiting or in process of servicing or repair shall be stored in off-street parking spaces which shall be situated so that no traffic hazards or blocking of traffic will occur. All wrecked or junk vehicles shall be stored within an enclosed structure.
Pumps, canopies, tanks, accessory uses, structures, and other devices shall be set back a minimum of 150 feet from any street and 50 feet from any property line; in the alternative, the principal building and use (located in compliance with the required yards for the district in which it is located) shall be located in front of the pumps, canopies, tanks, accessory uses, structures, and other devices, and the pumps, canopies, tanks, accessory uses, structures, and other devices shall be located a minimum of 75 feet from any street and 50 feet from any property line.
The ingress and egress shall not create hazardous conditions or undue congestion of traffic circulation in the immediate area.
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 camping facility from adjacent properties; ingress and egress to and from the site shall be paved with an impervious surface in order to provide 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 ensure that there is no adverse impact on the functioning of the zoning district or adjacent parcels.
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 met 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.
Community-based senior housing.
Commercial and private recreation.
Uses in the C-1, C-2 and C-3 Zoning Districts shall be limited to the following:
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 Commission or Supervisors, produce any nuisance factor to residential or public uses which are in proximity.
Day-care facility.
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.
The day-care center shall be supervised by responsible nonclient adults whose number shall be determined and certified by the appropriate supervisory agencies.
The day-care center shall comply with all regulations established by the appropriate governmental agencies.
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 or which shall be of a type to keep children contained within the yard.
A day-care center located in a nonresidential building shall comply with the following standards:
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.
Drive-through establishment and drive-through restaurants.
Each window, bay or area designed for drive-through 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.
Drive-through lanes shall be located to the rear of buildings unless the Township determines that drive-through lanes located on the side of the building will have less impact on adjacent uses, vehicular and pedestrian circulation and safety.
Drive-through lanes shall be screened from view by landscaping, grading treatments, architectural features, or a combination of the above.
A drive-through shall be located so that it does not conflict with pedestrian or vehicular movement.
Drive-through 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-through service lane. The Township may consider alternative designs when it is demonstrated that the drive-through is screened from view and that traffic and pedestrian circulation is improved.
The canopy shall be architecturally compatible with the principal building.
A drive-through shall have no more than two service lanes and a passage around and escape from the outermost drive-through service lane, except that a financial institution may have a minimum of three service lanes.
Educational institutions.
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.
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 period.
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.
Extraction of minerals.
The applicant 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 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.
Measures which will be taken to ensure that any loss, diminution or pollution of water supplies in areas affected by activities will be corrected or replaced.
Measures which will be taken to ensure that the performance standards contained in all sections of this chapter shall be met.
Description of plans for the transportation of the extracted product, including routes of travel, number and 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 it finds 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 activities are ongoing.
Adequate safeguards are provided to ensure 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 an 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 an operation shall be permitted until 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 activity.
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.
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 adequately screened from adjacent properties and streets.
Operations shall be regulated so that nuisances such as visual blight, noise, odors, blowing debris, and dust shall not be created.
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 or adjacent parcels.
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.
Funeral homes.
All garages, equipment shelters 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.
There shall be no crematory, receiving vault, preparation room, or display of merchandise or advertising visible from outside the main or accessory building.
The scale of business in relationship to the character of uses around the particular location will be such as not to be detrimental to, or alter the character of, the neighborhood.
Golf course and country club.
All property lines adjoining a residential use or zoning district shall be adequately screened.
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 parcels.
Greenhouse/nursery.
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 may be made using a tractor-trailer combination vehicle.
No greenhouse shall be located closer than 25 feet to the nearest property line.
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.
In the R-1 and R-2 Districts, all structures shall be situated on the site in such a manner that they meet area and yard requirements and densities of planned residential development in the R-1 District the same as would be required for residential developments.
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.
Intensive agriculture.
Intensive agricultural uses, where located within or adjacent to a residential zone, shall not be located closer than 200 feet from any residentially zoned property line or residence on an adjacent property.
Lot and site area requirements.
Intensive agricultural uses shall require a minimum area of 10 acres.
Required conservation plan.
Any agricultural, horticultural, animal husbandry or forest use which involves earthmoving activities or commercial harvesting of trees shall require the obtainment of an approved conservation plan by the Beaver County Conservation District, pursuant to Chapter 102, Erosion Control, of Title 25 of the Rules and Regulations of the Department of Environmental Protection. All on-site activities shall be in compliance with the approved conservation plan.
Agricultural nuisance disclaimer.
Lands that have been authorized by conditional use for intensive agriculture uses are used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health or even death arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, herbicides and pesticides. Owners, residents and users of this property should be prepared to accept these conditions and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, the "Right to Farm Law,"
Required nutrient management plans.
All agricultural uses shall comply with the Pennsylvania Nutrient Management Act of 1993, and subsequent amendments.
Farm-related businesses that are conducted outside the home are subject to the following:
No more than two acres of land shall be devoted to such use, including areas used for structures, parking, storage, display, setbacks and landscaping. Any lane serving the farm-related business and a home and/or farm contained on the same lot shall not be included as lot area devoted to the farm-related business. No additional lane or curb cut to access the farm-related business shall be allowed.
No more than 40% of the area devoted to a farm-related business shall be covered by buildings, parking lots, or any other impervious surface.
The owner or occupant of the farm must be engaged in the farm-related business.
No more than two full-time and two part-time persons, other than individuals who reside on the farm, may be employed in the farm-related business.
The use must be conducted within a completely enclosed building typical of farm buildings.
Any outbuilding used for the farm-related business shall be located behind the principal farm residence on the site or shall be located at least 200 feet from the closest street right-of-way.
Any outdoor storage of supplies, materials or products shall be located behind the building in which the farm-related business is conducted.
Roadside stands for the sale of agricultural products, at least half of which are grown on the premises. Off-road parking shall be provided for all employees and customers, and the stand shall be set back at least 20 feet from all property lines and road rights-of-way. The stand shall not be more than 300 square feet in size.
Intermediate-care facility or skilled nursing facility.
Minimum lot size shall not be less than 1,200 square feet per resident in residential zoning districts or less than 1,000 square feet per resident in commercial zoning districts.
Minimum side yard: 20 feet.
Water and sewerage. The lot shall be served by public water and sewerage.
Minimum distance from any other such facility: 1/2 mile.
Kennel.
No additional residential use may be established on land designated as a kennel.
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.
Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of 150 feet from any principal structure on adjacent lots.
The perimeter of the exterior exercise area must be fenced with weatherproof material, a minimum of five feet in height, accessible only through a self-latching gate.
Any structure used to house animals shall be equipped with code-approved nontoxic noise-dampening material or acoustic tile.
No kennel may be established within 1/2 of a mile of an existing kennel.
A kennel shall be permitted as an accessory use to veterinary offices in zoning districts where veterinary offices are permitted.
A kennel located in the R-1 Rural Conservation Residential district, whether accessory to a veterinarian office or not, shall have a minimum lot area of 15 acres.
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 adequately screened from adjacent properties and streets.
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.
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 or adjacent parcels.
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.
Manufacturing, heavy or 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.
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 or adjacent parcels.
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.
Methadone treatment facility.
A methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
Not withstanding Subsection Z(1), a methadone treatment facility may be established and operated closer than 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the governing body for the municipality in which the proposed methadone treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate.
Prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearing occurring.
This subsection shall not apply to a methadone treatment facility that is licensed by the Department of Health prior to May 15, 1999.
As used in this section, the term "methadone treatment facility" shall mean a facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.
Mobile home park.
A minimum site area of 15 contiguous acres is required.
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.
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, 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 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.
Personal care home, nine or more residents.
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.
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.
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.
Outdoor speakers shall not be used for broadcasting indoor events but shall be permitted for emergency announcements and crowd control only.
Riding academy.
Minimum site size: two acres.
Maximum site size: 10 acres.
No more than two full-time and two part-time persons, other than individuals who reside on the farm, may be employed in the riding academy business.
No structure shall be located within 300 feet from any residential dwelling, residential zoning district or street right-of-way.
Any outdoor storage of supplies, materials or products shall be located behind the building in which the riding academy-related business is conducted.
Servant's house.
Shall be permitted with a minimum lot area of 10 acres.
Shall be permitted when the occupants of the accessory structure are in the full-time employment of the residents of the primary structure, that such full-time employment is of a service nature necessary to support the functions of the residential use, such as housekeeping, gardening, cooking, etc.
Sexually oriented business.
Sexually oriented businesses may be established only in C-3 and S-U Zoning Districts.
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.
No sexually oriented business can be located within 1,000 feet of the boundary line of any property on which is located a residence, educational 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 or day-care center.
Telecommunications tower.
The applicant shall demonstrate, using technological evidence, that the telecommunications tower must be located where proposed in order to satisfy its function in a company's grid system.
For a telecommunications tower, the applicant shall demonstrate that it contacted the owners of tall structures, buildings and towers within a one-fourth-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings and towers, and was denied for one of the following reasons:
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure or tower and the interference cannot be prevented at a reasonable cost.
Such existing buildings, structures or towers do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
A commercially reasonable agreement could not be reached with the owner of such building, structure or tower.
The applicant shall demonstrate that the proposed height of the telecommunications tower is the minimum height necessary to perform its function. In no case shall the height of the telecommunications tower exceed 180 feet, as measured vertically from the ground level to the highest point on the tower including antennas mounted on the tower.
The telecommunications tower shall be designed to have the least practical adverse visual effect on the residential areas which can view it.
An antenna shall not exceed a maximum height of 35 feet above the top of the tower to which it is attached.
The foundation and base of any telecommunications tower shall be set back from property lines (not lease lines) by the largest of the following:
A telecommunications equipment building shall meet the height and setback requirements for principal buildings in the zoning district in which the building is located. When a zoning district contains more than one set of setback requirements, the largest setbacks shall apply.
In order to reduce the number of telecommunications towers needed in the Township, any proposed telecommunications tower shall be designed to accommodate a minimum of two other users, including other commercial wireless telecommunications companies and local police, fire and ambulance companies.
All telecommunication towers shall be fitted with anticlimbing devices as approved by the manufacturers.
A security fence shall be required around the telecommunications tower and other equipment. The fence shall be a minimum of six feet in height and shall not exceed eight feet in height.
Landscaping shall be installed to mitigate for the visual impact of a telecommunications tower. Such landscaping shall meet the following requirements:
Landscaping shall be installed to screen and buffer the tower and any ground-level features, such as an equipment building, from adjacent properties.
The landscape screen shall consist of a mix of evergreen trees planted in a staggered double row. The plantings shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
Existing vegetation on and around the site shall be preserved to the greatest extent possible.
The Township may permit a combination of existing vegetation, topography, walls, decorative fences or other features when it achieves the intent of this section.
All guy wires associated with a guyed telecommunications tower shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. Guy wires and their anchors shall be set back at least 25 feet from property lines.
No signs or lights shall be mounted on a telecommunications tower, except as may be required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), another governmental agency which has jurisdiction, or which may be needed for emergency repair.
Access shall be provided to the telecommunications tower and telecommunications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a driveway for its entire length.
A telecommunications tower may occupy a leased area within a lot, provided that the lease area is a minimum of 6,000 square feet. The lot shall meet the minimum lot area of the district in which it is located.
A proposed telecommunications tower shall comply with all applicable federal and state regulations. The applicant shall request a written statement of compliance from the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), and other regulatory agencies. Such statement shall be sent by the agency to the Township. The applicant shall provide to the Township a copy of the appropriate form submitted to each such agency, copy of a written request to each agency for a written statement of compliance, and a return receipt from each agency for delivery at least 30 days prior to the public hearing of such application and of such request for a written statement of compliance.
A telecommunications tower shall be securely anchored in a fixed location of the ground, and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other natural forces.
Any telecommunications tower that is no longer a licensed and active receiving or transmitting facility shall be removed at the owner's expense within 180 days of the last date that the tower was licensed by the FCC. If there are two or more users of a single tower, this provision shall not become effective until all users cease using the tower. Furthermore, prior to construction of any tower, a bond or escrow account shall be posted with the Township in an amount sufficient to ensure such removal. The bond or escrow shall be held by the Township for a maximum of 20 years and shall be used by the Township in the event that the owner or operator of the telecommunications tower fails to remove the facility within the time period prescribed above. Any portion of the bond or escrow not used by the Township shall be returned to the owner or operator.
Veterinary.
All veterinary offices in residential zoning districts shall have a minimum lot area of 10 acres.
All principal structures shall be set back a minimum of 100 feet from all property lines.
Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of 150 feet from all property lines.
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.
Waste transfer facility.
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 this chapter. 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.
Winery/vineyard.
A winery/vineyard shall be engaged in viticulture activities.
A winery/vineyard shall require a minimum area of 10 acres.
No more than two acres of land shall be devoted to such use, including areas used for structures, parking, storage, display, setbacks and landscaping. Any lane serving the winery/vineyard-related business and a home and/or winery/vineyard contained on the same lot shall not be included as lot area devoted to the winery/vineyard-related business.
No more than 20% of the area devoted to a winery/vineyard-related business shall be covered by buildings, parking lots, or any other impervious surface.
Not less than 50% of the area devoted to a winery/vineyard-related business shall be covered by vines bearing fruits used in the production and sale of alcoholic ciders, wines and wine coolers on the licensed premises.
Not less than 50% of the alcoholic ciders, wines and wine coolers shall be produced from fruit grown on the premises.
The owner or occupant of the winery/vineyard must be engaged in the winery/vineyard-related business and shall reside on the premises.
No more than two full-time and two part-time persons, other than individuals who reside on the winery/vineyard, may be employed in the winery/vineyard-related business. Seasonal employees hired for harvest shall be exempt from this provision.
Processing must be conducted within a completely enclosed building typical of farm buildings.
Any outbuilding used for the winery/vineyard-related business shall be located behind the principal residence on the site or shall be located at least 100 feet from the closest street right-of-way.
Any outdoor storage of supplies, materials or products shall be located behind the building in which the winery/vineyard-related business is conducted.
A winery/vineyard may erect temporary roadside stands for the sale of winery products of which at least half are grown on the premises. Off-road parking shall be provided for all employees and customers, and the stand shall be set back at least 20 feet from all property lines and road rights-of-way. The stand shall be temporary and not be more than 100 square feet in size.
A winery/vineyard may sell its products to individuals at retail on the licensed premises, to the Pennsylvania Liquor Control Board, hotel, restaurant, club, brewery and public service liquor licenses.
Wineries/vineyards may provide visitors on the licensed premises with samples of wines for tasting not to exceed one fluid ounce at no charge.
There shall be no sales for consumption on the licensed premises.
Winery/processing plant.
Delivery of fruits and/or juices may be made using a tractor-trailer combination vehicle.
No more than 70% of the area devoted to a winery/processing plant-related business shall be covered by buildings, parking lots, or any other impervious surface.
Any outdoor storage of supplies, materials, or products shall be located behind the building in which the winery/vineyard-related business is conducted.
A winery/processing plant may sell their products to individuals at retail on the licensed premises, to the Pennsylvania Liquor Control Board, hotel, restaurant, club, brewery and public service liquor licenses.
Wineries/processing plants may provide visitors on the licensed premises with samples of wines for tasting not to exceed one fluid ounce at no charge.
There shall be no sales for consumption on the licensed premises.
