[Ord. 687, 8/12/2015]
The following procedures shall apply to all applicants for approval
of a conditional use or use by special exception, and specific uses
that have express standards in all zoning districts.
[Ord. 687, 8/12/2015]
1902.1.
Approval of Conditional Use. The Board of Commissioners shall
hear and decide requests for conditional uses; however, the Board
of Commissioners shall not approve a conditional use application unless
and until:
A.
A written application for conditional use approval is submitted to
the Zoning Officer no less than 10 working days prior to the regular
meeting of the Planning Commission. The application shall indicate
the section of this chapter under which conditional use approval is
sought and shall state the grounds upon which it is requested. The
application shall include the following:
B.
A preliminary land development plan, if required by the Township
Subdivision and Land Development Ordinance or, if a land development
plan is not required, a current property survey indicating all existing
and proposed structures and all proposed construction, additions or
alterations on the site in sufficient detail to determine the feasibility
of the proposed development and compliance with all applicable requirements
of this chapter.
C.
A written statement showing compliance with the applicable express
standards and criteria of this Part for the proposed use.
D.
A Traffic Impact Analysis, as defined by this chapter, prepared by
a registered traffic engineer for the following proposed conditional
uses:
(1)
Any proposed use which involves the construction of 50 or more
multifamily dwellings.
(2)
Any proposed use in any B District, PEDD or I-1 District which
involves the construction of a new building or remodeling for a change
of use of an existing building having a gross floor area of 10,000
square feet or more.
(3)
Any proposed use in the R-4 District.
F.
A written recommendation is received from the Township Planning Commission
or 45 days has passed from the date of the Planning Commission meeting
at which the application is first considered as complete and properly
filed for approval.
G.
A public hearing is conducted by the Board of Commissioners pursuant
to public notice and said hearing is scheduled no more than 60 days
following the date of submission of a complete and properly filed
application. Written notice of the hearing shall be posted on the
affected tract of land at least one week prior to the hearing.
H.
The Board of Commissioners shall render a written decision within
45 days after the last public hearing. Where the application is contested
or denied, the decision shall be accompanied by findings of fact and
conclusions based thereon. Conclusions based on any provision of this
chapter or any other applicable rule or regulation shall contain a
reference to the provision relied upon and the reasons why the conclusion
is deemed appropriate in light of the facts found.
I.
In considering an application for conditional use approval, the Board of Commissioners may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 27-2602 of this chapter. The Board of Commissioners may also grant reasonable modifications to any specific area, bulk, height, yard or other dimensional requirements for uses listed under § 27-1906 requiring conditional use approval.
[Amended by Ord. No. 725, 6/27/2022]
1902.2.
Expiration of Conditional Use Approval. Conditional use approval
shall expire automatically without written notice to the applicant,
if no application for a grading permit, a building permit or an occupancy
permit to undertake the construction or authorize the occupancy described
in the application for conditional use approval is submitted within
12 months of said approval, unless the Board of Commissioners, in
its sole discretion, extends conditional use approval upon written
request of the applicant received prior to its expiration. The maximum
extension permitted shall be one twelve-month extension.
1902.3.
Approval of Uses by Special Exception. The Zoning Hearing Board
shall hear and decide requests for uses by special exception.
A.
The
Zoning Hearing Board shall not approve an application for a use by
special exception unless and until:
(1)
A written application for approval of a use by special exception
is submitted to the Zoning Officer. The application shall indicate
the section of this chapter under which approval of the use by special
exception is sought and shall state the grounds upon which it is requested.
The application shall include the following:
(a)
A current property survey indicating all existing and proposed
structures and all proposed construction, additions or alterations
on the site in sufficient detail to determine the feasibility of the
proposed development and compliance with all applicable requirements
of this chapter.
(b)
A written statement showing compliance with the applicable express
standards and criteria of this Part for the proposed use.
(c)
A traffic impact analysis, as defined by this chapter, prepared
by a registered traffic engineer, for the following proposed uses
by special exception:
1)
Any proposed use which involves the construction
of 50 or more multifamily dwellings.
2)
Any proposed use in any B District, PEDD or I-1
District which involves the construction of any new building or remodeling
for a change of use of an existing building having a gross floor area
of 10,000 square feet or more.
(2)
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Written notice of the hearing shall be posted on the affected tract of land at least one week prior to the hearing. Said hearing shall be conducted in accordance with the procedures specified by § 27-2508 of this chapter.
B.
In proceedings involving a request for a use by special exception,
both the duty of initially presenting evidence and the burden of persuading
the Zoning Hearing Board that the proposed use is available by special
exception and satisfies the specific or objective requirements for
the grant of a use by special exception as set forth in this chapter
rest upon the applicant. The burden of persuading the Zoning Hearing
Board that the proposed use will not offend general public interest,
such as the health, safety and welfare of the neighborhood, rests
upon the applicant.
C.
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 27-2602 of this chapter.
D.
If land development approval is required for the use by special exception, the application for approval of a land development required by the Township Subdivision and Land Development Ordinance [Chapter 22] shall be submitted to the Township Planning Commission following approval of the use by special exception by the Zoning Hearing Board.
1902.4.
Expiration of Approval of a Use By Special Exception. Approval
of a use by special exception shall expire automatically, without
written notice to the applicant, if no application for a land development
plan, a grading permit, a building permit or an occupancy permit to
undertake the construction or authorize the occupancy described in
the application for approval of the use by special exception is submitted
within 12 months of said approval, unless the Zoning Hearing Board,
in its sole discretion, extends approval of the use by special exception
upon written request of the applicant received prior to its expiration.
The maximum extension permitted shall be one twelve-month extension.
[Ord. 687, 8/12/2015]
1903.1.
In addition to the specific standards and criteria listed for each use in § 27-1906, all applications for conditional uses and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
A.
The use shall not endanger the public health, safety or welfare nor
deteriorate the environment, as a result of being located on the property
where it is proposed.
D.
Ingress, egress and traffic circulation on the property shall be
designed to ensure safety and access by emergency vehicles and to
minimize congestion and the impact on local streets.
E.
Outdoor lighting, if proposed, shall be designed with cutoff luminaires
that direct and cut off the light at a cutoff angle of 60° or
less. (See illustration in Appendix B.[1]) Illumination shall not exceed 0.2 footcandle at the property
line.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
F.
For all uses which are subject to the requirements of the Americans
with Disabilities Act (ADA), the applicant shall certify that all
applicable ADA requirements have been met in the design.
1903.2.
The following standards apply to accessory uses to conditional
uses or special exceptions, with the exception of fences and signs:
A.
Any accessory use or structure which is not approved as part of the application for conditional approval of the principal structure or use shall require submission of a conditional use application in accordance with the requirements of § 27-1902.1 of this chapter.
B.
All parking and loading areas or expansion or redesign of parking and loading areas shall be subject to the requirements of Part 22 of this chapter.
D.
No temporary structures shall be permitted unless all applicable criteria of § 27-1906.56 are met.
E.
All vents, fans, mechanical or electrical equipment shall be baffled
to reduce noise impacts on adjoining properties.
F.
Accessory uses that are not otherwise required to be fenced or screened shall be landscaped by Buffer Area C, as defined by § 27-2103.1, to screen the use from public view from streets or adjoining properties.
G.
The Board of Commissioners shall determine whether the proposed accessory
use or structure is customarily incidental and subordinate to the
principal use of the property.
H.
In approving the accessory use or structure, the Board of Commissioners
shall consider whether any conditions are warranted to be attached
to the approval to protect the public health, safety and welfare.
[Ord. 687, 8/12/2015]
1904.1.
Traffic generated by such uses can access the district from
I-79, both northbound and southbound, and can access I-79, both northbound
and southbound, from the district.
1904.2.
All interchange exit and entrance ramps shall accept traffic
directly from and discharge traffic directly onto a highway at points
within the Highway Interchange District.
1904.3.
The highway providing access to the I-79 interchange provides,
in the professional opinion of the Township's traffic engineer, sufficient
carrying capacity, is designed to provide a minimum Level of Service
C at all intersections within the district along such highway, and
possesses all other characteristics needed to safely and efficiently
handle traffic projected within the district and to minimize traffic
congestion within the district.
1904.4.
The Board of Commissioners finds, after consideration of the
opinion of the Township's traffic engineer and any other relevant
evidence, that the proposed development will not cause any significant
adverse traffic impact along any road adjoining a public school property
within one mile of the Highway Interchange District and that the proposed
development addresses any adverse impact it might have on pedestrian
movement across or along any road adjoining a public school property
within one mile of the Highway Interchange District.
1904.5.
The Board of Commissioners finds, after consideration of the
opinion of the Township's traffic engineer and other relevant evidence,
that the proposed development will not cause the existing levels of
service at any intersection within the Highway Interchange District
and along the highway accessing the interchange or existing levels
of service at any intersection outside the Highway Interchange District
and within the scope of the traffic study required by PennDOT in connection
with the proposed development, including, but not limited to, intersections
on Route 50 at Vanadium Road, Steen Road, Thoms Run Road, and any
interchange overpass road proposed or required, to be degraded to
a lower level of service as a result of the proposed development,
nor, at such intersections which have a predevelopment Level of Service
F, shall any additional delay result from the proposed development.
Should PennDOT study fail to include any of these specified intersections,
the Board of Commissioners will cause to be conducted such a study
and shall evaluate the impact based upon that study and any other
relevant evidence to determine whether this requirement is met.
1904.6.
In determining that the requirements of this chapter are met,
the Board of Commissioners shall consider level of service analyses
which include the following: intersection level of service, approach
level of service, lane group level of service, ramp merge and diverge
level of service, and weave level of service. The analyses shall also
address the morning and evening peak street traffic hours and peak
hours of site traffic generation.
1904.7.
All level of service projections and other determinations to
be made by the Board of Commissioners under this section shall be
based on a land use assumption that the entire Highway Interchange
District is developed to a maximum build-out at the highest and best
use of the property permitted under applicable land use regulations.
[Ord. 687, 8/12/2015]
1905.1.
Uses of the same general character as any of the uses authorized
as permitted uses by right, conditional uses or uses by special exception
in the zoning district in which the property is located shall be allowed
if the Zoning Hearing Board determines that the impact of the proposed
use on the environment and adjacent streets and properties is equal
to or less than any use specifically listed in the zoning district.
In making such determination, the Board shall consider the following
characteristics of the proposed use:
A.
The number of employees.
B.
The floor area of the building or gross area of the lot devoted to
the proposed use.
C.
The type of products, materials and equipment and/or processes involved
in the proposed use.
D.
The magnitude of walk-in trade.
E.
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 27-2102 of this chapter.
F.
For those uses included in the most-recent edition of the Standard
Industrial Classification Manual published by the Office of Management
and Budget, whether the proposed use shares the same SIC code or major
group number as one or more uses that are specifically listed in the
zoning district.
G.
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
H.
The proposed use shall comply with any applicable express standards
and criteria specified in this Part for the most-nearly-comparable
use by special exception or condition use listed in the zoning district
in which the comparable use is proposed.
I.
The proposed use shall be consistent with the purpose statement for
the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
[Ord. 687, 8/12/2015]
In addition to the general standards and criteria for all conditional
uses and uses by special exception listed in the sections above, an
application for any of the following uses which are listed in any
zoning district shall comply with the applicable standards and criteria
specified below for that use.
1906.1.
Adult Businesses, subject to:
A.
Adult businesses shall not be permitted in any zoning district other
than the B-2 Highway Commercial District.
B.
An adult business shall not be located within 1,000 feet of a church;
public or private pre-elementary, elementary or secondary school;
public library; day-care center or nursery school; or public park
adjacent to any residential district, measured in a straight line
from the nearest portion of the building or structure containing the
adult business to the nearest property line of the premises of any
of the above-listed uses.
C.
An adult business shall not be located within 1,000 feet of any other
adult business, measured in a straight line from the closest exterior
wall of the building or structure in which each adult business is
located.
D.
No more than one adult business shall be located in the same building,
structure or portion thereof, nor shall any adult business increase
its floor area into any building, structure or portion thereof containing
another adult business.
E.
An adult business lawfully operating as a conforming use shall not
be rendered a nonconforming use by the location, subsequent to the
grant or renewal of the adult business permit, of a church, public
or private pre-elementary, elementary or secondary school, public
library, day-care center or preschool facility or public park within
1,000 feet. This provision applies only to the renewal of a valid
permit and shall not apply when an application for a permit is submitted
after a permit has expired or has been revoked.
G.
Liquor or intoxicating beverages shall not be sold on the premises
for which the permit is sought.
1906.2.
Animal Hospital, subject to:
A.
In the B-1 District, the minimum lot area required for an animal
hospital shall be 20,000 square feet, unless the animal hospital is
located within a planned shopping center.
B.
Outdoor kennels or runs shall not be permitted.
C.
In the B-1 District, overnight boarding of animals, other than for
medical supervision, shall be permitted, if the animals are housed
overnight within a completely enclosed building.
D.
Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 27-2602 of this chapter.
1906.3.
Auto Auction, subject to:
A.
The minimum site required shall be 15 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street.
C.
Sales to the general public shall not exceed 25% of gross sales.
D.
Heavy equipment auctions shall occur no more frequently than four
times in a calendar year.
E.
The display of vehicles offered for sale shall be located at least
75 feet from any property line adjoining a residential use or zoning
classification and at least 15 feet from all other property lines.
F.
The auctions shall be conducted in a completely enclosed building.
G.
No outdoor speakers shall be permitted.
H.
All activities on the site shall be conducted during daylight hours,
including delivery, pickup and inspection of the vehicles and the
auctions.
I.
Maximum area of the lot to be covered by buildings and display areas
for vehicles and equipment shall not exceed 75% of the total lot area.
J.
Buffer Area A, as defined by § 27-2103.1 of this chapter, shall be provided along all property lines adjoining a residential use or zoning classification.
K.
All activities on the site shall comply with the performance standards of § 27-2102 of this chapter.
L.
Storage, handling and disposal of hazardous materials, as defined
by federal or state statute, shall comply with the current requirements
of the Pennsylvania Department of Environmental Protection (PA DEP)
and the United States Environmental Protection Agency (EPA).
1906.4.
Bed-and-Breakfast, subject to:
A.
The operator shall be a full-time resident of the dwelling in which
the bed-and-breakfast is located.
B.
The lot shall have frontage on and direct vehicular access to an
arterial or collector street, as defined herein.
C.
The minimum lot area required shall be 20,000 square feet.
D.
No meals, other than breakfast, shall be served on the premises.
Food may be prepared on the premises for consumption off the premises
by overnight guests. Food shall not be served to any customers who
are not overnight guests.
E.
The maximum length of stay for any guest shall be 14 days in any
calendar year.
F.
One identification sign shall be permitted, and such sign may either
be attached to the wall of the building or may be freestanding in
the front yard, provided the surface area of the sign shall not exceed
six square feet, the height of the freestanding sign shall not exceed
four square feet and the freestanding sign is located at least five
feet from any property line.
H.
In addition to the parking required for the dwelling, one parking
space shall be provided for each sleeping room offered to overnight
guests.
I.
Off-street parking shall not be located in any required front or
side yard. Parking located in the rear yard shall be screened from
adjoining residential properties by a compact six-foot evergreen hedge.
1906.6.
Boarding Stable; Riding Academy, subject to:
A.
The minimum site shall be 10 acres.
B.
If horses are pastured, a minimum of one acre per horse shall be
provided; if horses are stabled and provided with grain, an adequate
area for exercising the horses shall be provided.
C.
All animals shall be housed in a completely enclosed nonresidential
structure, and the animals shall be humanely kept.
D.
All stables and other buildings in which animals are kept shall be
located at least 300 feet from any occupied dwelling, other than the
stable owner's dwelling, and in no case shall the storage of manure
or the stable or other building in which animals are kept be located
closer than 200 feet to any property line.
E.
No grazing of animals shall be permitted closer than 100 feet from
any occupied dwelling, other than the stable owner's dwelling.
F.
The area of the property used for grazing shall be adequately fenced
to properly enclose the animals and to protect adjacent properties.
G.
The stable owner shall not permit litter and droppings from the horses
to collect so as to result in the presence of fly larvae or objectionable
odors.
H.
If there is no occupied dwelling on the site of the boarding stable
or riding academy, twenty-four-hour security and supervision shall
be provided.
1906.7.
Car Wash, subject to:
A.
All automated washing facilities shall be in a completely enclosed
building, as defined by this chapter. All other car-washing facilities
shall be under a roofed structure which has at least two walls.
B.
Drainage water from the washing operation shall be controlled so
that it does not flow or drain onto berms, streets or other property.
C.
Standing spaces shall be provided in accordance with the requirements specified in § 27-2107 for drive-through facilities.
D.
The facility shall be connected to public sanitary and storm sewers.
E.
Driveway entrances shall be located at least 30 feet from the right-of-way
line of the intersection of any public streets.
F.
Any car wash which also dispenses gasoline shall meet all applicable requirements of § 27-1906.20, governing gasoline stations.
G.
In the R-4 Zoning District:
[Added by Ord. No. 723, 7/25/2022]
(1)
The site shall have frontage on an arterial street and direct
vehicular access from both an arterial and collector street as defined
by this chapter.
(2)
All lighting shall be shielded and reflected away from any adjoining
residential properties.
(3)
There shall be no more than one car wash bay with a single point
of entry and single point of exit.
(4)
Accessory uses, including, but not limited to, vacuum stations
and window washing stations, shall be screened from the street and
any adjacent residential properties.
1906.8.
Cemetery, subject to:
A.
A minimum site of 10 acres is required.
B.
A drainage plan shall be submitted with the application for the use,
showing existing and proposed runoff characteristics.
C.
A groundwater study prepared by a hydrologist or registered engineer
qualified to perform such studies shall be submitted with the application.
D.
Plans for ingress/egress to the site shall be referred to the Township
Police Department for comments regarding public safety.
E.
All property lines adjoining a residential use or zoning classification shall be screened by Buffer Area B, as defined by § 27-2103.1 of this chapter.
F.
All maintenance equipment shall be properly stored in an enclosed
building when not in use.
G.
Burial sites shall comply with the setbacks required for principal
structures in the zoning district, and burial structures shall not
be located within 100 feet of any property line adjoining a residential
use or zoning district classification.
1906.9.
Churches, Schools (Public and Private), Firehouses and Public
Buildings, subject to:
A.
The minimum lot area required for a postsecondary school shall be
10 acres. The minimum lot area required for all other uses shall be
one acre.
B.
If a residential facility (such as a convent or monastery) is proposed
as part of a church, no more than 10 persons shall be housed.
C.
A dwelling (such as a manse or parsonage) may be located on the same
lot with a church, provided all requirements of this chapter for single-family
dwellings in the zoning district can be met in addition to the minimum
lot area, lot width and yard requirements applicable to the church.
D.
If the school includes dormitories, the dormitories shall be landscaped along any property line adjoining a single-family use or zoning district classification by Buffer Area B, as defined by § 27-2103.1 of this chapter.
E.
Ingress and egress to and from police and fire stations shall be
located so as to maximize sight distance along adjacent public streets
and enhance safety for vehicles exiting the property.
F.
Fire stations, police stations and municipal maintenance facilities
shall be located on the property so that vehicles and equipment can
be maneuvered on the property without interrupting traffic flow or
blocking public streets.
G.
All schools shall be designed to provide convenient access for emergency
vehicles and access to all sides of the building by firefighting equipment.
H.
All outside storage shall be completely enclosed by a six-foot hedge
or solid fence.
I.
The proposed use shall have direct access to a public street with
sufficient capacity to accommodate the traffic generated by the proposed
use.
1906.10.
Communications Antennas Mounted on an Existing Building or Existing
Public Utility Storage or Transmission Structure, subject to:
A.
Building-mounted antennas shall not be permitted on any single-family
or two-family dwellings.
B.
The applicant shall demonstrate that the electromagnetic fields associated
with the proposed antennas comply with safety standards now or hereafter
established by the Federal Communications Commission (FCC).
C.
The applicant shall demonstrate compliance with all applicable Federal
Aviation Administration (FAA) and any applicable airport zoning regulations.
D.
Building-mounted antennas shall be permitted to exceed the height
limitations of the district by no more than 20 feet. Antennas mounted
on an existing public service corporation facility storage or transmission
tower shall not project more than 20 feet above the height of the
tower.
E.
Omnidirectional or whip antennas shall not exceed 20 feet in height
or seven inches in diameter.
F.
Directional or panel antennas shall not exceed five feet in height
or two feet in width.
G.
Satellite and microwave dish antennas mounted on the roof of a building
or on a self-supporting communications tower shall not exceed six
feet in diameter.
H.
Satellite and microwave dish antennas mounted on a monopole communications
tower or existing public service corporation facility storage or transmission
structure shall not exceed two feet in diameter.
I.
The applicant proposing a building-mounted antenna shall submit evidence
from a structural engineer certifying that the proposed installation
will not exceed the structural capacity of the building considering
wind and other loads associated with the antenna's location.
J.
Evidence of lease agreements and easements necessary to provide access
to the building or structure for installation and maintenance of the
antennas and placement of the equipment cabinet or equipment building
shall be provided to the Township.
K.
The placement of the equipment cabinet or equipment building shall
not obstruct the free flow of traffic on the site, shall not reduce
any parking required or available for other uses on the site and shall
not obstruct any right-of-way or easement without the permission of
the owner or grantor of the right-of-way or easement.
L.
Unless located within a secured building, the equipment cabinet or
equipment building shall be fenced by a ten-foot-high chain-link security
fence with locking gate. If the equipment cabinet or equipment building
is visible from any public street or adjoining residential property,
the equipment cabinet or equipment building shall be screened by a
minimum six-foot-high compact evergreen hedge.
M.
If vehicular access to the equipment cabinet or equipment building
is not provided from a public street or paved driveway or parking
area, an easement or right-of-way shall be provided which has a minimum
width of 20 feet and which shall be improved with a dust-free all-weather
surface for its entire length.
N.
At least one off-street parking space shall be provided on the site
within a reasonable walking distance of the equipment cabinet or equipment
building to facilitate periodic visits by maintenance workers.
1906.11.
Commercial Recreation, subject to:
A.
The minimum lot area required for outdoor recreation facilities shall
be one acre. All indoor facilities shall meet the minimum lot area
required for the zoning district in which the property is located.
B.
The property shall have frontage on and direct vehicular access to
an arterial or collector street, as defined by this chapter.
C.
Adequate sanitary facilities available to the public shall be provided.
D.
Outdoor speakers shall not be permitted if there are dwellings within
500 feet of the property in any direction. If outdoor speakers are
allowed, the volume and direction shall be regulated to minimize impact
on adjoining properties.
E.
Location of buildings and facilities, traffic circulation on the
property and parking areas shall be designed to provide adequate access
for emergency medical vehicles and firefighting equipment.
F.
Any outdoor facility shall be completely enclosed by a fence which
is at least six feet in height with one or more locking gates which
shall remain secured when the facility is not in use.
G.
Any outdoor facility located within 200 feet of an existing dwelling
shall cease operations no later than 10:00 p.m.
H.
Any use which includes eating or drinking facilities shall be subject
to the parking requirements for that use in addition to the parking
requirements for the recreational use.
1906.12.
Communications Tower, subject to:
A.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission (FCC) to operate a commercial communications
tower.
B.
Any applicant proposing a new freestanding commercial communications
tower shall demonstrate that a good-faith effort has been made to
obtain permission to mount the antenna on an existing building or
other structure or an existing commercial communications tower. A
good-faith effort shall require that all owners within a one-fourth-mile
radius of the proposed site be contacted and that one or more of the
following reasons for not selecting an alternative existing building
or communications tower or other structure apply:
(1)
The proposed equipment would exceed the structural capacity
of the existing building, commercial communications tower or other
structure and reinforcement of the existing building, tower or other
structure cannot be accomplished at a reasonable cost.
(2)
The proposed equipment would cause RF (radio frequency) interference
with other existing or proposed equipment for that building, tower
or other structure and the interference cannot be prevented at a reasonable
cost.
(3)
Existing buildings, commercial communications towers or other
structures do not have adequate space to accommodate the proposed
equipment.
(4)
Addition of the proposed equipment would result in NIER (nonionizing
electromagnetic radiation) levels which exceed any adopted local,
federal or state emission standards.
C.
The applicant shall demonstrate that the proposed communications
tower and the electromagnetic fields associated with the antennas
proposed to be mounted thereon comply with safety standards now or
hereafter established by the Federal Communications Commission (FCC).
D.
The applicant for the communications tower shall demonstrate compliance
with all applicable Federal Aviation Administration (FAA) and any
applicable airport zoning regulations.
E.
In the PEDD and I-1 Districts, the maximum height of a communications
tower shall be 150 feet.
F.
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to function effectively.
G.
In the PEDD and I-1 Districts, all parts of the communications tower,
including guy wires, if any, shall be set back from the property line
at least 50 feet, except for guyed towers, which shall be set back
a distance equal to the height of the tower. If the tower is located
on property which adjoins any S-C or R Zoning District, the setback
shall be at least 200 feet. Where the communications tower is located
on a leased parcel within a larger tract, the setback shall be measured
from the property line which separates the adjoining residentially
zoned property from the larger tract controlled by the lessor, rather
than from the boundaries of the leased parcel, provided the larger
tract is either vacant or developed for a use other than single-family
dwellings.
H.
The tower and all appurtenances, including guy wires, if any, and
the equipment cabinet or equipment building shall be enclosed by a
minimum ten-foot-high chain-link security fence with locking gate.
I.
The applicant shall submit evidence that the tower and its method
of installation have been designed by a registered engineer and are
certified by that registered engineer to be structurally sound and
able to withstand wind and other loads in accordance with the Township
Building Code and accepted engineering practice.
J.
Equipment cabinets and equipment buildings shall comply with the
height and yard requirements of the zoning district for accessory
structures.
K.
Access shall be provided to the tower and equipment cabinet or equipment
building by means of a public street or right-of-way to a public street;
the right-of-way shall be a minimum of 20 feet in width and shall
be improved with a dust-free, all-weather surface for its entire length.
L.
Recording of a plat of subdivision shall not be required for the
lease parcel on which the tower is proposed to be constructed, provided
the equipment building is proposed to be unmanned and the required
easement agreement for access is submitted for approval by the Township.
M.
Approval of a land development plan, prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], shall be required for all towers.
N.
The owner of the communications tower shall be responsible for maintaining
the parcel on which the tower is located, as well as the means of
access to the tower, including clearing and cutting of vegetation,
snow removal and maintenance of the access driveway surface.
O.
The owner of any communications tower which exceeds 50 feet in height
shall submit to the Township proof of an annual inspection conducted
by a structural engineer at the owner's expense and an updated tower
maintenance program based on the results of the inspection. Any structural
faults shall be corrected immediately and reinspected and certified
to the Township by a structural engineer at the owner's expense.
P.
The owner of the communications tower shall notify the Township immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the Township to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 27-2602 of this chapter.
Q.
All tower structures shall be fitted with anticlimbing devices as
approved by the manufacturer for the type of installation proposed.
R.
All antennas and tower structures shall be subject to all applicable
Federal Aviation Administration (FAA) and airport zoning regulations.
S.
No sign or other structure shall be mounted on the tower structure,
except as may be required or approved by the FCC, FAA or other governmental
agency.
T.
The exterior finish of the tower shall be compatible with the immediate
surroundings. The tower, the equipment cabinet or equipment building
and the immediate surroundings shall be properly maintained.
U.
The base of the tower shall be landscaped suitable to the proposed
location of the tower, if the base of the tower is visible from adjoining
streets or residential properties.
V.
At least one off-street parking space shall be provided on the site
to facilitate periodic visits by maintenance workers. Manned equipment
buildings shall provide one parking space for each employee working
on the site.
W.
No antenna or tower structure shall be illuminated, except as may
be required by the Federal Aviation Administration (FAA) or the Federal
Communications Commission (FCC).
1906.13.
Conversion of Dwelling to Office Use, subject to:
A.
A portion of a dwelling that is converted to office use may be used
for living purposes, provided all applicable requirements of the Township
Building Code are met.
B.
Exterior alterations of the dwelling shall be permitted to comply
with firesafety and building code regulations, to modify entrances
or to enclose porches; however, no other alterations which would enlarge
the total floor area of the structure devoted to office use shall
be permitted.
C.
An existing dwelling shall not be removed to allow for construction
of a new office building.
D.
Off-street parking shall be provided based on the ratio of one parking
space for each 300 square feet of floor area of the building devoted
to office or customer use.
E.
Off-street parking shall not be permitted in the minimum required
side yard.
F.
Off-street parking shall be located at least 10 feet from the rear
property line.
G.
Adequate area shall be provided on the lot for vehicles to turn around
so that traffic will not be required to back onto a public street.
H.
All parking spaces shall be screened by a minimum six-foot-high compact
evergreen hedge planted and maintained in an area at least five feet
in depth as measured from the property line where parking spaces adjoin
any existing single-family dwelling on an adjacent lot.
I.
In addition to the screening of parking areas, a minimum of 10% of
the area of the required front yard shall be planted in grass with
ornamental trees or shrubs.
J.
The only sign authorized on the lot shall be one freestanding business
identification sign. The maximum surface area of a freestanding business
identification sign shall be 12 square feet. The maximum height of
the sign shall be six feet.
K.
The business identification sign shall be constructed of materials
that are compatible with the architectural style of the building on
the lot. The business identification sign may be indirectly illuminated
but shall not be internally illuminated. If the sign is indirectly
illuminated, the lighting shall be turned off during hours when the
business is closed.
1906.14.
Crematorium, subject to:
A.
A crematorium as a principal use shall be set back a minimum of 200
feet from all lot lines of existing dwellings, schools, day-care centers,
and all undeveloped residentially zoned lots.
B.
All emissions must meet the requirements of the Pennsylvania Department
of Environmental Protection as part of their permitting requirements.
C.
Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday
through Friday.
D.
The cremation unit shall be totally enclosed within a building. At
a minimum, the stack height shall be at least 1.5 times the height
of nearby structures.
E.
The crematory operator/owner shall provide the municipality with
the necessary certifications to operate the crematorium, and prior
to issuing a building permit, a copy of the required PA DEP general
permit shall be provided. The crematorium shall be operated in conformance
with all local, state and federal laws.
F.
Bodies shall be cremated in wooden/crate containers only and with
plastic that does not create toxic emission (no halogenated plastics).
G.
When cremations are taking place, an operator certified to operate
the crematorium shall be on site.
1906.15.
Day-Care Center or Preschool Facility, subject to:
A.
The facility shall be registered with or licensed by the Commonwealth
of Pennsylvania.
B.
In the R-1, R-2, R-2-A, R-3, R-4 and R-5 Zoning Districts, the facility
shall be permitted to be located only in a church or school. In the
R-4 Zoning District, this restriction shall not apply if the site
has frontage on and direct vehicular access to an arterial or collector
street, as defined by this chapter.
C.
Outdoor play areas shall be provided which shall have a minimum area
of 65 square feet per child and which shall be secured by a fence
with self-latching gate. The location of the outdoor play area shall
take into account the relationship to adjoining properties.
D.
Outdoor play areas which adjoin residential lots shall be screened by Buffer Area C, as defined by § 27-2103.1 of this chapter.
E.
The general safety of the property proposed for a day-care center,
nursery school or preschool facility shall meet the needs of small
children. There shall be no potential hazards in the outdoor play
area, and a safe area for dropping off and picking up children shall
be provided.
1906.16.
Equipment Storage Yard, subject to:
A.
The minimum site required for an equipment storage yard shall be
five acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street as defined by this chapter.
C.
Buffer Area B, as defined by § 27-2103.1 of this chapter, shall be provided along all property lines adjoining an S-C or R Zoning District.
D.
No repair of vehicles or equipment shall be permitted outside a completely
enclosed structure.
F.
Engines shall not be started or kept running before 6:30 a.m. or
after 8:00 p.m. if the site is located within 500 feet of an existing
dwelling.
G.
All lighting shall be shielded and reflected away from streets and
any adjoining residential properties.
1906.17.
Family Day-Care Home and Group Day-Care Home, subject to:
A.
All of the applicable criteria for a home occupation specified in § 27-1906.24 shall be met.
B.
All applicable requirements of the Pennsylvania Department of Public
Welfare shall be met, and continuing compliance shall be maintained.
C.
An adequate outdoor play area shall be provided and shall be secured
by a fence with self-latching gate. Such play area shall be screened
from adjoining residential properties by a minimum four-foot-high
compact, dense evergreen hedge or opaque fence.
D.
Outdoor play areas shall have a minimum area of 400 square feet for
a family day-care home and 600 square feet for a group day-care home.
E.
Any addition or improvement to an existing residential structure
or property for purposes of child day care shall preserve its residential
character.
F.
All activities shall be conducted in an occupied, detached single-family
residence.
G.
Activities shall be limited to functions normally associated with
the part-time tending of children and shall not include overnight
lodging.
H.
For group day-care homes, there shall be one additional on-site parking
space provided for a nonresident employee above that required for
the residential use. The parking space shall conform to the Township's
dimensional standards for residential parking spaces.
I.
For group day-care homes, an on-site dropoff area shall be provided
with sufficient area to allow for the temporary parking of two vehicles.
An existing driveway or common parking lot space may be used as the
dropoff area if it can be demonstrated that there is sufficient space
available in the driveway that is not otherwise occupied or committed
to safely accommodate two vehicles. If a driveway is used for the
dropoff area and the proposed use fronts an arterial or major collector
street, an on-site turnaround area shall be provided so that vehicles
can exit the site driving forward. In cases where the existing driveway
cannot function as a dropoff area, two new on-site dropoff spaces
shall be provided. The dropoff area shall conform to the Township's
dimensional standards for residential parking spaces.
1906.18.
Flea Market, subject to:
A.
The minimum site area shall be 10 acres.
B.
The application shall include the following information:
(1)
The siting and orientation of the flea market;
(2)
The location of each individual sales area within the flea market;
(3)
The number and location of proposed parking spaces and driveways
proposed for ingress and egress;
(4)
Dimensions of the lot and of the building, if any, in which
the flea market will be located;
(5)
Dimensions of each proposed sales area, and the distance between
each sales area and adjoining sales areas;
(6)
The distance between lot lines and sales areas;
(7)
The distance between any buildings or structures and sales areas;
(8)
The types of vehicles, stands, trailers or other structures
from which sales will be conducted;
(9)
The specific nature of the goods to be sold;
(10)
The availability of restroom facilities;
(11)
Proposed hours of operation;
(12)
Proposed manner and intensity of lighting;
(13)
Proposed manner of trash storage, including a specific description
of the types of trash containers to be used and the scheduling and
timing of trash pickup.
C.
No flammable, explosive or hazardous materials shall be sold.
D.
No exterior storage of items to be sold shall be permitted.
E.
No exterior public address system shall be permitted.
F.
If the flea market is conducted on the site of an existing business
that is operational during the hours that the flea market is open
for business, traffic circulation and parking shall not interfere
with the free flow of traffic visiting the existing business, nor
shall the flea market obstruct parking spaces that are accessory to
the existing business.
G.
If an existing business is not located on the site or the existing
business is not open during the hours of operation of the flea market,
sanitary facilities shall be provided for public use during the flea
market hours of operation.
H.
If an existing business is not located on the property, the flea
market shall be subject to the sign regulations applicable in the
zoning district. If an existing business exists on the property that
has a freestanding ground or pole sign, the flea market shall be entitled
to one nonilluminated ground sign, provided the surface area of the
sign shall not exceed 32 square feet and the location of the sign
complies with the requirements of § 27-2308.3B.
I.
Auctions shall not be conducted as part of any flea market.
J.
All activities shall be conducted under a roofed structure.
1906.19.
Funeral Home, subject to:
A.
The minimum lot area shall be 40,000 square feet.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street.
C.
All off-street parking areas which adjoin a residential zoning classification
shall be screened by a six-foot dense, compact evergreen hedge.
D.
Traffic circulation on the lot shall be designed to minimize congestion
and provide for the lining up of vehicles on the property without
obstructing the free flow of traffic on adjoining streets or alleys.
1906.20.
Gasoline Station, subject to:
A.
The premises upon which the gasoline station is conducted shall have
frontage on and direct vehicular access to an arterial street and
may have additional direct vehicular access to a collector street.
B.
No outdoor unenclosed storage of palettes or other items offered
for sale is permitted.
C.
Dumpsters and all trash areas shall be totally screened from the
public view.
D.
All loading areas shall be at the rear of the building.
E.
In the R-4 District, the following shall apply:
(1)
Because of the limited commercial nature, no gasoline station
shall be located within 1,000 feet of another gasoline station.
(2)
Maximum height of the principal structure shall be 20 feet and
shall be limited to one story. Maximum height of a canopy over gas
pumps shall be 16 feet. Solar panels mounted to the top of the canopy
shall not count against the height limit.
(3)
In addition to complying with the buffer area requirements of
the R-4 District, the side and rear property lines shall be landscaped
with an earthen mound that is a minimum of three feet in height and
12 feet in width, planted with a mix of landscaping materials from
the List of Suggested Plant Materials in Appendix D,[3] including ground cover, trees and shrubs to provide a vegetative screen effective year round. The location of these landscaping materials shall not obstruct visibility for traffic entering or leaving the site and shall comply with the clear sight triangle requirements of § 27-2104.4. In addition, screening from the arterial and collector streets must be provided in the form of decorative fencing not to exceed four feet in height, masonry walls not to exceed four feet in height or dense evergreen shrubbery creating an effective visual screen.
[3]
Editor's Note: Appendix D is included as an attachment to this chapter.
(4)
One additional tree per gas pump shall be planted on the lot
in addition to any other applicable buffer landscaping or planting
requirements.
(5)
Lighting of any canopy over gas pumps shall be installed as
internal illumination of the canopy only. All luminaires within the
canopy are to meet International Dark Sky Association (IDA) full-cutoff
requirements. No signage is permitted on the canopy.
(6)
Automotive service, including car wash, shall not be permitted.
(7)
In addition to the design guidelines of the R-4 District, the
following are encouraged:
(a)
Buildings that derive their image solely from applied
treatments that express corporate identity are discouraged.
(b)
All sides of a building should express consistent
architectural detail and character. All site walls, screen walls,
and pump island canopies and other outdoor covered areas should be
architecturally integrated with the buildings by using similar material,
color and detailing.
(c)
An example of a gasoline station incorporating
these elements is included in Appendix E.[4] This is for informational purposes only and is not to
be considered a requirement for compliance with this chapter.
[4]
Editor's Note: Appendix E is included as an attachment to this chapter.
1906.21.
Golf Course; Country Club, subject to:
A.
Golf courses and country clubs shall have a minimum site of 20 acres;
driving ranges and putting courses shall have a minimum site of five
acres.
B.
Clubhouses shall be located at least 100 feet from any property line
adjoining property in an S-C, R-1, R-2, R-2-A, R-3, R-4, or R-5 Zoning
District and at least 50 feet from all other property lines.
C.
Where eating and/or drinking facilities are provided, parking requirements
for restaurants shall apply in addition to the parking requirements
for golf courses.
D.
Where a swimming pool is provided, parking requirements for swimming
pools shall apply in addition to the parking requirements for golf
courses.
E.
Outdoor operations shall be discontinued between the hours of 11:00
p.m. and 6:00 a.m.
1906.22.
Group Care Facility, Personal Care Boarding Home or Transitional
Dwelling, subject to:
A.
The minimum area and bulk regulations for a group care facility,
personal care boarding home or transitional dwelling shall be the
same as those required for a principal use in the zoning district
in which the facility is located.
B.
In the R-4 District, a transitional dwelling or personal care boarding
home shall have frontage on and direct vehicular access to an arterial
or collector street as defined by this chapter.
C.
In the R-4 District, the maximum number of residents housed in a
personal care boarding home or transitional dwelling shall be 10.
D.
No group care facility, personal care boarding home or transitional
dwelling shall be located within 500 feet of another existing or proposed
group care facility, personal care boarding home or transitional dwelling.
E.
Adequate provisions shall be made for access for emergency medical
and firefighting vehicles.
F.
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
G.
Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs, and the
area shall be secured by a fence with self-latching gate.
H.
Where applicable, licensing or certification by the sponsoring agency
shall be prerequisite to obtaining a certificate of occupancy, and
a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
1906.23.
Heavy Manufacturing, subject to:
A.
The minimum site required shall be 30 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street.
C.
The site shall not be located within 1,200 feet of any residential
dwelling, measured from any property boundary of the site in a straight
line along a public street right-of-way to the nearest wall of a residential
dwelling.
D.
All activities shall comply with the performance standards specified in § 27-2102 of this chapter.
E.
All materials, equipment and processes shall be contained within
a completely enclosed building, and windows and doors shall remain
closed during manufacturing processes.
F.
Adequate public utilities shall be available to meet the demands
of the proposed manufacturing processes.
G.
Adjacent public streets shall be adequate to accommodate traffic
volumes and weight limits associated with truck traffic to and from
the site.
H.
The storage, handling, transportation and disposal of hazardous or
potentially hazardous materials shall be in accordance with all applicable
permits and requirements of the Pennsylvania Department of Environmental
Protection (PA DEP) and the United States Environmental Protection
Agency (EPA).
1906.24.
Home Occupation (including Home Office), subject to:
A.
The home occupation shall be carried on by a member of the family
residing in the dwelling unit. No more than one person who is not
a resident of the dwelling unit shall be employed in the dwelling
unit.
B.
In the R-2, R-2-A, R-3, R-3-A and R-4 Districts, the home occupation
shall be carried on wholly within the principal dwelling. The home
occupation shall not be conducted in any accessory structure. In the
R-1 District, the home occupation may be carried on in an accessory
structure, provided the gross floor area of the accessory structure
shall not exceed 25% of the gross floor area of the principal dwelling.
C.
No more than 25% of the gross floor area of the principal dwelling
shall be devoted to the conduct of the home occupation.
D.
There shall be no on-site production of articles for sale in the
home occupation, other than customary handicrafts made by the resident,
which may be produced for sale off the premises. Such articles shall
not be displayed in quantity for sale on the premises, except that
samples may be kept for the purpose of accepting orders.
E.
There shall be no display on the premises of merchandise available
for sale which has been produced off the premises; however, merchandise
may be stored on the premises for delivery off the premises, such
as Amway™, Tupperware® or similar products stored for distribution to
customers or salespersons at their residence or place of business.
F.
There shall be no exterior displays or signs, either on or off the
premises, other than a small identification sign no more than one
square foot in surface area containing only the name of the resident
and the nature of the home occupation, which may be attached to the
wall of the dwelling or to the mailbox.
G.
The use shall not require internal or external alterations or construction
features which are not customary to a dwelling or which change the
fire rating of the structure.
H.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 27-2102 of this chapter.
I.
The use shall not significantly intensify vehicular or pedestrian
traffic beyond that which is normal for the residences in the neighborhood.
J.
There shall be no use of materials or equipment except that of similar
power and type normally used in a residential dwelling for domestic
or household purposes.
K.
The use shall not cause an increase in the use of water, sewage,
electricity, garbage, public safety or any other municipal services
beyond that which is normal for the residences in the neighborhood.
L.
In the R-1, R-2, R-2-A, R-3, R-3-A and R-4 Districts, the home occupation
shall not involve the use of commercial vehicles for regular delivery
of materials to or from the premises, and commercial vehicles shall
not be parked on the premises.
M.
There shall be no storage of materials or equipment used in the home
occupation outside a completely enclosed building.
N.
Any home occupation where customers, clients or students routinely
visit the premises shall provide a paved off-street parking area in
accordance with the requirements of Part 22 for the specific use in
addition to the spaces required for the dwelling.
O.
The following uses shall not be considered home occupations and shall
be restricted to the zoning districts in which they are specifically
authorized as permitted uses, conditional uses or uses by special
exception, including, but not limited to:
(1)
Beauty shops or barbershops containing more than two chairs;
(2)
Blacksmith or metalworking;
(3)
Boarding stables;
(4)
Clinics, hospitals or nursing homes;
(5)
Funeral homes;
(6)
Group care facility, personal care boarding home or transitional
dwelling;
(7)
Kennels, veterinary offices and clinics;
(8)
Private clubs;
(9)
Private instruction to more than five students at a time;
(10)
Restaurants or tearooms;
(11)
Retail or wholesale sales; flea markets;
(12)
Tanning or massage salon;
(13)
Tourist or boarding home, other than bed-and-breakfast;
(14)
Vehicle or equipment rental, repair or sales;
(15)
Vehicle repair garages.
P.
The following are examples of permitted home occupations, provided
all of the foregoing criteria are met:
(1)
Artist, photographer or handicrafts studio;
(2)
Catering off the premises;
(3)
Contracting business, excluding on-site storage of equipment;
(4)
Computer programmer, data processor, writer;
(5)
Consultant, clergy, counselor, bookkeeping, graphics or drafting
services;
(6)
Dressmaker, tailor;
(7)
Professional offices which involve routine visitation by customers
or clients;
(8)
Housekeeping or custodial services;
(9)
Interior designer;
(10)
Jewelry and/or watch repair, not including wholesale or retail
sales;
(11)
Lawnmower and small engine repair in the R-1 District only;
(12)
Locksmith;
(13)
Mail order business;
(14)
Manufacturer's representative;
(15)
Repair of small household appliances that can be hand-carried
in the R-1 District only;
(16)
Telemarketing;
(17)
Travel agent;
(18)
Tutoring or any other instruction to no more than five students
at any one time;
(19)
Word processing, typing, secretarial services.
Q.
The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 27-1906.24 and the applicable criteria for "comparable uses not specifically listed" in § 27-1905.
1906.25.
Hospital, Clinic or Nursing Home, subject to:
A.
The minimum lot area required for a hospital shall be 10 acres. The
minimum lot area required for a clinic or nursing home shall be two
acres.
B.
The property shall be served by public water and public sewers.
C.
All hospitals and nursing homes shall be licensed by the commonwealth,
and the license shall be maintained throughout the occupancy. Failure
to maintain the license shall be grounds for revocation of the certificate
of occupancy.
D.
Water pressure and volume shall be adequate for fire protection.
E.
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
F.
The parking and circulation plan shall be referred to the Township
Police Department and Volunteer Fire Company for comments regarding
traffic safety and emergency access.
G.
Nursing homes shall have a bed capacity of at least 20 beds, but
no more than 200 beds.
H.
All property lines adjoining a residential use or zoning classification shall be screened by Buffer Area B, as defined by § 27-2103.1 of this chapter.
I.
A private-use helipad for air ambulances shall be permitted as part of a hospital, provided all of the following criteria of § 27-1906.46 are met.
J.
Disposal of medical waste shall be in accordance with all applicable
permits and handling requirements of the Pennsylvania Department of
Environmental Protection (PA DEP) and the United States Environmental
Protection Agency (EPA).
1906.26.
Hotel or Motel, subject to:
A.
The minimum site required shall be five acres.
B.
The site shall have vehicular access to an arterial or collector
street, as defined by this chapter, by means of a driveway entrance
intersecting such a street or by means of an interior road system
within a planned office or research park that leads directly to and
intersects with such a street. In no case shall traffic from a hotel
or motel site exit onto or enter from a local street, as defined by
this chapter.
C.
The motel or hotel shall be located a minimum of 300 feet from any
property line adjoining an S-C or R Zoning District.
D.
Buffer Area A, as defined in § 27-2103.1 of this chapter, shall be provided along all property lines adjoining an S-C or R Zoning District.
E.
Rooftop mechanicals shall be screened from public view.
F.
Dumpsters shall be completely enclosed by a wall or solid fence at
least six feet in height.
1906.27.
Inn, subject to:
A.
The site driveway access shall occur at a signalized intersection
along an arterial street. In no case shall traffic exit onto or enter
from a collector or local street.
B.
In the R-4 District, the inn shall be located on the eastern side
of Route 50.
C.
Either Buffer Area A or Buffer Area C combined with a five-foot-high
wall shall be provided along all property lines adjoining an S-C or
R Zoning District.
D.
No more than 40 sleeping rooms per inn shall be allowed on any site.
E.
Only one inn shall be located on any site.
F.
One wall sign shall be permitted, which may be illuminated or nonilluminated.
The aggregate area of the wall sign shall not exceed one square foot
for each linear foot of width of the front wall of the inn, or a maximum
of 100 square feet, whichever is less. In addition to the wall sign,
the only sign authorized on the lot is a ground sign which contains
only the name of the inn. The maximum surface area of the ground sign
shall be 32 square feet.
1906.28.
Junkyard (also known as "Auto Salvage Yard"), subject to:
A.
The minimum site required shall be 20 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
The premises shall be maintained so as to not constitute a nuisance
or menace to public health and safety.
D.
No garbage, hazardous materials or hazardous waste, as defined by
federal statute, or other organic waste shall be stored on the premises.
E.
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 27-2602 of this chapter.
F.
The manner of storage of junk or other materials or equipment on
the site shall facilitate access for firefighting, shall prevent hazards
from fire or explosion and shall prevent the accumulation of stagnant
water.
H.
No junk shall be stored or accumulated and no structure shall be
located within 300 feet of any dwelling or within 100 feet of any
property line or public street.
I.
The premises shall be enclosed by a metal chain-link fence not less
than eight feet in height supported on steel posts with a self-latching
gate. The fence shall be located on the inside of the buffer area
required by §27-1906.28J below and shall be maintained in good
condition.
J.
The fence shall be supplemented with screening material which creates
a visual barrier that is at least 80% opaque.
K.
Buffer Area A, as defined by § 27-2103.1 of this chapter, shall be provided along all property lines adjoining a residential use or zoning classification.
L.
The site shall be designed utilizing natural topography and/or constructed
earthen mounds so as to obstruct visibility from adjacent public streets
and properties.
M.
The operator shall obtain a license from the Township prior to initiating
operations, which shall be renewable annually upon payment of the
required license fee established from time to time by resolution of
the Board of Commissioners and subject to inspection by the Zoning
Officer to determine continuing compliance with these standards.
1906.29.
Kennel, subject to:
B.
Access shall be directly onto a public street with sufficient capacity
to handle traffic generated by the proposed use.
C.
All animal holding areas shall be within an enclosed air-conditioned
building.
D.
In the B-2 District, all activities must be within an enclosed building.
E.
In the R-1 District, the minimum site area shall be three acres.
F.
In the R-1 District, no outdoor exercise area or run shall be located
within 200 feet of a property line.
G.
Outdoor runs and similar facilities shall be constructed for easy
cleaning, shall be adequately secured by a fence (minimum of six feet
in height) with a self-latching gate and shall be screened.
H.
No dog may be permitted outdoors after 8:00 p.m. nor before 7:00
a.m.
I.
No kennel may be established within 1/2 of a mile of an existing
kennel.
J.
No disposal of dead animals shall occur on the property.
1906.30.
Landfill, subject to:
A.
The minimum site area shall be 50 acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector road, as defined by this chapter.
C.
All landfill operations shall be located at least 1,200 feet from
any occupied dwelling.
D.
The driveway or haul road entering the site from a public street
shall be paved for a distance of 600 feet from the public street.
E.
A tire-washing station shall be located on the site to service trucks
exiting the facility.
F.
The operator shall post a bond in favor of the Township and in a
form acceptable to the Township prior to beginning operations in the
amount of $100,000 for each mile of Township road or portion thereof
proposed to be traversed by vehicles traveling to the site. The term
of the bond shall begin on the date that conditional use approval
is issued. The bond shall be returned to the operator upon completion
of all operations and any backfilling or reconstruction of a damaged
roadway due to weight in excess of the posted weight limits for the
road. Any failure to complete the reconstruction required by this
chapter shall result in forfeiture of the required bond. Those portions
of the Township roads which have been damaged shall be determined
by inspection of the Township Engineer and shall be reconstructed
to current Township specifications for street construction.
G.
Landfill operations shall not be conducted within 300 feet of any
property lines adjoining a residential use or zoning district classification.
H.
All property lines adjoining any existing residential use or any S-C or R Zoning District classification shall be screened by Buffer Area A, as defined by § 27-2103.1 of this chapter. The buffer area shall be comprised of a combination of earthen mounding and the required plantings.
I.
Fencing at least eight feet in height shall be provided around any
work area for security and to control wind-blown refuse.
J.
The applicant shall show compliance with applicable state and federal
laws regulating landfills.
K.
The applicant shall obtain the required permits from the Pennsylvania
Department of Environmental Protection (PA DEP) and/or the United
States Environmental Protection Agency prior to initiating any operation.
L.
The required state and federal permits shall be maintained throughout
the duration of all operations. The applicant shall notify the Zoning
Officer of any suspension or revocation of the required state or federal
permits.
M.
Any suspension or revocation of the required state or federal permits
shall constitute a violation of this chapter and will result in the
suspension or revocation of the certificate of occupancy or enforcement
of the penalty provisions of this chapter, or both.
1906.31.
Light Manufacturing, subject to:
A.
All light manufacturing facilities shall comply with the performance standards set forth in § 27-2102 of this chapter.
B.
All activities shall take place indoors.
C.
The facility shall be so designed and so constructed that there shall
be no danger to the health, safety or welfare of residents or persons
on adjoining properties.
D.
All ventilation systems shall be so designed that any smoke, fumes
or odors shall not be directed towards abutting properties.
1906.32.
Major Business or Professional Office and Major Financial Institution,
subject to:
A.
The minimum site required shall be two acres. If several lots are consolidated to meet the minimum area requirement, a consolidation plat shall be submitted and approved for recording in accordance with all applicable requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter, or shall
be on a lot within a planned shopping center that meets this requirement.
C.
The setback along any property line adjoining an S-C or R Zoning
District shall be increased to a minimum of 100 feet.
1906.33.
Major Retail Business, subject to:
A.
The minimum site required shall be five acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter, or shall
be on a lot within a planned shopping center that meets this requirement.
C.
All activities and sales shall be in a completely enclosed building,
except for those seasonal or temporary uses that shall be subject
to § 27-1903.56 of this chapter.
D.
The setback along any property line adjoining an S-C or R Zoning
District shall be increased to a minimum of 100 feet.
E.
Dumpsters shall be completely enclosed by a solid fence or wall.
F.
Loading berths shall be located in the rear of the principal building.
1906.34.
Mineral Removal, subject to:
A.
Removal of minerals encountered during the routine grading of a site
for the purposes of an approved land development or for the construction
of public improvements shall be excluded from these regulations and
the requirement to obtain approval of a conditional use application,
provided evidence is presented to the Township that all applicable
requirements of the Pennsylvania Department of Environmental Protection
(PA DEP) are met.
B.
There shall be no removal of minerals or vegetative cover within
100 feet of the bank of any stream or natural watercourse identified
on maps prepared by the United States Geologic Survey (USGS).
C.
Mineral removal shall be prohibited in watersheds or rivers or streams
now or hereafter designated by the Pennsylvania Fish Commission as
a wilderness trout stream, by the Pennsylvania Department of Environmental
Protection as part of the Scenic Rivers System or designated under
the Federal Wild and Scenic Rivers Act.
D.
In addition, no mineral removal shall be conducted:
(1)
Within 300 feet of the property line, or upon the property,
of any residential or public building, church, community or institutional
building, commercial building, public park or private recreation area
without the written consent of the owner; provided, however, that
the following requirements shall be in effect as to public or private
school or day-care center uses:
(a)
Within 1,000 feet of the property line or upon
the property of such uses, except that conventional gas wells may
be located within 300 feet of the property line of such uses with
the consent of the property owner.
(2)
Within 300 feet of the Panhandle Trail.
(3)
Within 100 feet of the outside right-of-way line of any public
street, except where access roads or haulage roads join the right-of-way
line and where the appropriate state or federal agency having jurisdiction
over the conduct of mineral removal operations shall permit it in
accordance with law.
(4)
Which will adversely affect any publicly owned park or places
included on the National Register of Historic Sites, unless approved
by the governmental agency with jurisdiction over the park or historic
site.
(5)
Within 100 feet of the property line of a cemetery.
(6)
Within 300 feet of the property line of an occupied dwelling,
unless the consent of the owner has been obtained in advance of the
filing of the application for zoning approval.
E.
The applicant shall submit to the Township a copy of all materials
provided to the Pennsylvania Department of Environmental Protection
(PA DEP) with the permit application.
F.
The applicant shall show the proposed routes of all trucks to be
utilized for hauling and the estimated weights of those trucks. The
applicant shall show evidence of compliance with designated weight
limits on Township streets, unless a bond and an excess maintenance
agreement to assure road damage repair is provided, and shall design
the hauling routes for the mineral removal operation to minimize the
use of and impact upon Township streets wherever feasible.
G.
The applicant shall also show evidence satisfactory to the Township
Engineer that intersections along proposed hauling routes provide
a sufficient turning radius for trucks to be utilized for hauling,
such that all turns can be safely made without damage to vehicles,
sidewalks or curbs.
H.
The applicant or operator shall post a bond or other financial security
in favor of the Township and in a form acceptable to the Township
prior to beginning operations to guarantee restoration of Township
streets which may be determined in the reasonable opinion of the Township
Engineer to be damaged as a result of traffic generated by the mineral
removal operations. In addition, if the Township Engineer concludes
that mineral-removal-generated traffic will cause substantial damage
to a Township road, then the applicant must, before operations begin,
enter into an agreement with the Township undertaking the responsibility
to repair the road to the extent determined in the reasonable discretion
of the Township Engineer, which agreement may provide for a bond to
be posted in excess of otherwise applicable PennDOT limits when the
Township Engineer has reasonably estimated that the cost of repair
will exceed the PennDOT limits. In addition, should the Township Engineer
reasonably determine that preventive measures, such as shoring of
bridges or putting protective mats over utility lines, should be taken
to prevent damage to Township roads, bridges or utilities, then the
applicant shall install such protective measures as directed by the
Township Engineer, prior to beginning operations.
I.
Portions of the site where mineral removal operations are conducted
may be required to be fenced or screened, as necessary, to provide
security and protect adjacent properties.
J.
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
and federal permits, including proof of insurability, before initiating
any work and shall maintain the required permits throughout the duration
of all operations. Any suspension or revocation of the required state
or federal permits shall constitute a violation of zoning approval
and will result in the suspension or revocation of zoning approval
and/or enforcement of the penalty provisions of this chapter.
K.
Approval of the conditional use shall expire if work authorized in
the application for the conditional use is not commenced within six
months of the date of approval of the conditional use application
by the Board of Commissioners, unless the applicant submits a written
request for an extension prior to the expiration of the six months
after the date of approval.
L.
Once work is initiated under an approved application for conditional
use, zoning approval shall be valid for a period of one year from
the date of conditional use approval by the Board of Commissioners.
An application for renewal of zoning approval shall be submitted prior
to the expiration of zoning approval and shall be approved by the
Zoning Officer upon demonstration by the applicant that all conditions
of approval of the conditional use and the required federal and state
permits remain in full force and effect and that the applicant is
diligently pursuing the completion of the mineral removal operation.
M.
During the mineral removal operation, the Township Engineer may inspect
the site at the request of the Board of Commissioners to determine
continuing compliance with these standards and criteria and any conditions
of approval. The cost of inspection by the Township Engineer shall
be borne by the operator.
N.
Prior to the commencement of oil or gas well drilling activities,
or, in the case of other mineral removal, the actual commencement
of mining activity, no construction activities involving excavation
of, alteration to or repair work on any access road to the site of
the mineral removal or upon an oil or gas well site, or other site
of mineral removal, shall be performed during the hours of 7:00 p.m.
to 7:00 a.m.
O.
The Township recognizes and acknowledges that oil and gas development
is accompanied by inherent noise. The regulations in this section
are intended and shall be interpreted and applied to establish a process
for reasonable noise control which provides for response to individual
complaints and requires that undue noise be addressed, where feasible,
without the Township dictating the particular operational steps that
must be taken. The operator shall take the following steps to minimize,
to the extent practicable, the noise resulting from the development:
(1)
Prior to drilling of an oil and gas well, the operator shall
establish a continuous seventy-two-hour ambient noise level at the
nearest protected structure property line or 100 feet from the nearest
protected structure (as measured to the closest exterior point of
the building), whichever is closer to the protected structure, or,
alternatively, and in lieu of establishing the above seventy-two-hour
ambient noise level, the operator may assume and use, for the purposes
of compliance with this chapter, a default ambient noise level of
55 dBA. The sound-level meter used in conducting any evaluation shall
meet the American National Standards Institute's standard for sound
meters or an instrument and the associated recording and analyzing
equipment which will provide equivalent data.
For the purposes of this section, a "protected structure" shall
be any occupied residence, commercial business, school or church located
within 1,000 feet of the surface location of an oil or gas well that
may be impacted by noise generated from drilling or hydraulic fracturing
activity at an oil or gas well, excluding any structure owned by an
oil and gas lessor who has signed a lease with the operator granting
surface drilling rights to drill the subject well or whose owner (or
occupants) has signed a waiver relieving the operator from implementation
of the measures established in this subsection for the owner's or
occupant's benefit.
(2)
The operator shall provide documentation of any established
seventy-two-hour evaluation relied upon to establish an ambient noise
level greater than 55 dBA to the Township's Zoning Officer within
three business days of such a request from the Zoning Officer.
(3)
The noise generated during drilling and hydraulic fracturing
activities, when measured at the nearest protected structure property
line or 100 feet from the nearest protected structure (as measured
to the closet exterior point of the building), whichever is closest
to the protected structure, shall not exceed the average ambient noise
level (as determined by the seventy-two-hour evaluation) or default
level, whichever is higher:
(4)
The operator shall inform the Township of which level (average
ambient noise level or default level) is being used.
(5)
The operator shall provide for ongoing regular noise level monitoring
at a station to be located at or near the nearest protected structure
property line or 100 feet from the nearest protected structure (as
measured to the closest exterior point of the building), whichever
is closer to the protected structure. The noise monitoring data acquired
at this station shall be made available to the Township upon request.
(6)
Adjustments to the foregoing noise limits may be permitted in
accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
| |
|---|---|---|
|
5
|
15
| |
|
10
|
5
| |
|
15
|
1
| |
|
20
|
1
|
|
*
|
Cumulative minutes during any one hour.
|
(7)
If a complaint is received by the Township from any person,
whether a resident or otherwise using the protected structure for
any lawful purpose, within 1,000 feet from the wellhead or equipment
generating noise during drilling or hydraulic fracturing activities,
the operator shall, within 24 hours of receipt of the complaint from
the Township, continuously monitor for a forty-eight-hour period at
a point which is the closer to the complainant's building of:
(8)
Once the monitoring is complete, the operator will provide monitoring
data to the Township and will meet with Township representatives and
affected property owners and will provide a noise abatement plan to
effectively mitigate any noise exceeding the permitted levels. In
determining the noise mitigation measures to be installed, the Township
may, at the expense of the operator, utilize the services of a consultant
with expertise in noise measurement, noise remediation and in gas
and oil well drilling and operation.
(9)
Exhaust from any internal combustion engine or compressor used
in connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with an exhaust muffler or an exhaust
box. The exhaust muffler or exhaust box shall be constructed of noncombustible
materials designed and installed to suppress noise and disruptive
vibrations. Moreover, all such equipment with an exhaust muffler or
exhaust box shall be maintained in good operating condition according
to manufacturer's specifications.
(10)
All workover operations shall be restricted to the hours of
7:00 a.m. to 7:00 p.m., except as necessary, as reasonably determined
by the operator. "Workover operations" shall mean work performed in
a well after its completion in an effort to secure production where
there has been none, restore production that has ceased, or increase
production.
(11)
In cases where noise has exceeded permitted levels and gas and
oil well drilling rigs can be outfitted with acoustic barrier insulation
blankets, or sound walls can be erected, such barriers and walls shall
be installed in accordance with best management practices in the industry;
provided, however, that no such acoustic barrier shall be required
where its use would be contrary to applicable state or federal regulations
or where its use would create a safety hazard in the opinion of the
Township Engineer or of any regulatory agency with jurisdiction. Any
sound walls shall be removed within 30 days after notification of
removal is issued by the Township.
(12)
Section 27-1906.34O shall not apply to conventional oil and
gas wells.
(13)
In order for the Township to appropriately enforce the conditions
imposed by this chapter, to make certain that the health, safety and
welfare of its citizens are met and to determine if the use remains
compatible with various zoning districts in the Township, if the operator
engages in any noise testing as required by this chapter, it will
provide the final results to the Township within two business days
of the operator's receipt of those final results.
P.
Notwithstanding any other provision in this chapter, parking areas
for mineral removal activities shall provide sufficient parking to
allow all vehicles associated with the mineral removal operation to
be parked off street. Parking areas shall provide a slag or stone
or other surface designed to minimize dust or, alternatively, dust-reduction
measures such as water sprinkling whenever necessary.
Q.
The operator shall take all necessary steps to ensure that public
roads remain free of dirt, mud or debris resulting from mineral removal
traffic or activities, including road sweeping and tire washing if
needed. Where traffic generated by the mineral removal is heavy in
the proximity of school bus stops, the operator will provide flagmen
to ensure the safety of children waiting for or leaving school buses.
R.
The operator shall provide an opportunity for Township emergency
services providers to arrange visits to the site of mineral removal
for the purpose of being oriented to the location, equipment and layout
of the site. Such orientation visits shall be mutually arranged between
the operator and the chief officer of any given emergency provider
service. The operator shall provide appropriate maps, emergency plan
documents and any other information relevant to provision of emergency
services to such chief officers. The operator will reimburse each
volunteer emergency company for reasonable expenses incurred in orientation
and training.
S.
Each application for a conditional use under this section shall have
attached thereto a site plan. The proposed site development plan shall
be a topographic plan, prepared by a professional engineer registered
in the Commonwealth of Pennsylvania, to a scale no greater than one
inch equals 200 feet, on a standard sheet size of 24"H x 36"W, to
include the following:
(1)
Title block, giving the name of the development, property owner,
developer, North point, key location map, registration stamp, date
and scale, with index.
(2)
Property lines, Zoning Ordinance district boundary lines and
total acreage of the parcel proposed for development.
(3)
All existing streets, rights-of-way, and easements related to
the development.
(4)
Owners of adjacent properties, including the location of any
existing structures and driveway locations.
(5)
The location of relevant natural features on site, including,
but not limited to, streams or other natural watercourses and adjacent
areas which are subject to flooding, and significant stands of existing
trees.
(6)
The location of relevant natural features abutting properties
within 300 feet, including, but not limited to, streams or other natural
watercourses and adjacent areas which are subject to flooding, and
significant stands of existing trees.
(7)
The location of structures on abutting property within 300 feet
of common property lines and the location of any protected structures
as described in § 27-1906.34O(1).
(8)
The location of all mineral removal structures, facilities,
equipment or buildings.
(9)
The location of existing structures, buildings and accessory
uses on site.
(10)
The location of vehicle and equipment cleaning and tire-cleaning
areas, and a program for removing mud and other site debris from the
municipal streets.
(11)
The location of proposed access roads and proposed haul roads.
(12)
The location of stormwater and sediment controls or any water
impoundment facilities.
(13)
An environmental impact statement, which shall include the following:
(a)
A description of existing conditions in the area
and the land use history of the property;
(b)
A description of the proposed mineral removal operations
and associated facilities;
(c)
An assessment of the proposed mineral removal operations
on abutting, surrounding uses;
(d)
An historical record of previous mineral removal
operations at the site;
(e)
A description of existing conditions, including
mineral removal facilities, structures, buildings or equipment;
(f)
A plan for compliance with the noise limitations
set forth in this chapter, including, but not limited to, identifying
the location, design and height of sound walls;
(g)
A description of the method for disposal of any
radioactive tailings or substances; and
(h)
A description of all project site restoration activities
and the timetable for same, including, but not limited to, a description
of restoration plantings by location, number, species, and size of
trees or other plantings.
(14)
A copy of any permit or permit application issued by or submitted
to the Pennsylvania Department of Environmental Protection.
(15)
The location, depth and profile of any proposed pipelines for
water, gas, oil or other substance to be installed within the Township
in connection with the proposed use.
(16)
A lighting plan, demonstrating maximum feasible reduction of glare into adjacent properties in accordance with § 27-2102.7 of this chapter.
(17)
A plan for water usage and disposal, identifying any water source
or disposal point within the Township, proposed method of transport
within the Township, including truck or pipeline routes, and a schedule
for daily inspection of surface water transport lines.
(18)
Such other information pertinent to the proposed mineral removal
as may be requested by the Township Engineer or Zoning Officer.
T.
The operator shall remove and dispose of all unrooted trees, stumps,
brush, rubbish, construction materials and debris promptly in the
interest of public safety. No on-site burial of pond liners, drilling
residuals or hydraulic fracturing residuals is permitted.
U.
The applicant or operator shall accompany the conditional use application
with a nonrefundable application fee of $1,000 and an initial review
fees escrow deposit of $5,000.
V.
Gas and oil operations shall meet the following air quality/odor
requirements:
(1)
The operator shall take all necessary precautions to properly
operate and maintain a vapor recovery unit, vapor destruction unit,
or the best available and feasible technology at any condensate tanks
at the wellsite.
(2)
The operator shall take all precautions to minimize odors perceptible
on nearby property during the drilling and the hydraulic fracturing
process. Upon complaint by any person residing or working upon nearby
property regarding odors generated from the wellsite, the operator
will meet with the Township and complainant to establish an effective
odor control plan. The operator will reimburse the Township for the
cost of consultants or other investigation that may be needed to determine
the nature and origin of odors generated from the wellsite. For purposes
of this section, "nearby properties" are properties within 500 feet
of the wellsite.
W.
The operator shall provide and maintain a local or toll-free telephone
access line that will be available for the general public to lodge
complaints 24 hours a day, seven days per week. The operator will
provide the Township Manager and Township Zoning Officer with a local
or toll-free telephone access line that will be available for the
Township Manager, Zoning Officer or other Township-designated representative
to contact the operator 24 hours a day, seven days a week, along with
the name and location of a specified individual or individuals who
will be responsible for responding to Township calls.
(1)
The operator shall respond to any call from the general public
within 24 hours and shall notify the Township of the call from the
general public and the response.
(2)
The operator shall respond to any call from Township personnel
by 4:00 p.m. on the same business day.
(3)
The operator shall, at the request of the Township, make a representative
available at the Township Municipal Building to address specific concerns
about the wellsite for at least one hour during each week at a time
to be designated by the Township during standard Township office hours
and/or during a Township Board of Commissioners public meeting.
X.
Any pond or impoundment installed in connection with a wellsite to
contain liquids shall be secured with a six-foot-high chain-link security
fence or equivalent approved by the Township. Gaps in the fence for
access shall be controlled by a gate. During the drilling and fracturing
process, the drilling pad shall be secured with a security fence and
gate.
Y.
During the time any pond or impoundment contains nonpotable water
or other liquids, such ponds shall be covered with netting as feasible
to keep birds and animals out.
1906.35.
Mini-Warehouses or Self-Storage Buildings, subject to:
A.
The minimum site area required shall be four acres.
B.
In the B-3 District, the site shall not front on a public street.
In all other districts, the site shall have frontage on and direct
vehicular access to an arterial or collector street, as defined by
this chapter.
C.
Vehicular access to the site shall be limited to one two-way or two
one-way driveways connecting to the nearest public street.
D.
All interior driveways shall be paved with an impervious surface
sufficient for the loads the driveways are expected to bear.
E.
Within the site, all driveways shall be a minimum of 25 feet wide.
Traffic circulation shall be subject to review and approval by the
Board of Commissioners upon the recommendation of its traffic engineer.
F.
Parking shall be provided in accordance with the requirements of § 27-2202 and shall be located near the office.
G.
Buffer Area A shall be provided in accordance with the requirements of § 27-2103.1 of this chapter along all property lines which adjoin a residential use or zoning classification.
H.
The perimeter of the site shall be fenced with a minimum eight-foot-high
chain-link fence with self-latching gate. Where outside storage is
authorized, the fence around the outside storage area shall be supplemented
with screening material which creates a visual barrier that is at
least 80% opaque.
I.
Any fence along a street, driveway, entrance or side yard abutting
other B-3 property shall be subject to review and approval for design,
appearance and material by the Board of Commissions so as to achieve
security, attractiveness and compatibility with the common architectural
theme of other B-3 property.
J.
No rooftop HVAC units shall be permitted.
K.
The maximum size of any storage unit shall be 15 feet wide, 40 feet
deep and one story but no more than 20 feet in height.
L.
The maximum lot coverage by all buildings shall not exceed 50%, unless
the developer provides additional landscaping and planting as may
be approved by the Board of Commissioners.
M.
Office space may be provided which shall not exceed 5% of the total
floor area devoted to storage.
N.
In the B-3 and B-4 Districts, no storage shall take place outside
of a completely enclosed building.
O.
Storage units shall not be equipped with water or sanitary sewer
service.
P.
No business activity other than rental of storage units shall be
conducted on the premises, except for services and/or items ancillary
to the provision of storage services.
Q.
Operations shall be regulated so that nuisances such as visual blight,
trash, glare, noise, blowing debris and dust shall not be created
or maintained.
R.
Exterior finishes of the storage units shall be compatible with the
material comprising the exterior finish of buildings on adjoining
properties.
S.
No sign shall be placed on the buildings except for informational
and directional signs and one business identification sign on the
office building portion of the facility. No signs shall be placed
on rooftops.
T.
No hazardous materials or substances shall be permitted to be stored
in the storage buildings other than those permitted by the Township
Building or Fire Prevention Codes. Both the landlord and the tenants
shall be responsible for prevention of the storage of hazardous materials
or substances in the storage buildings that are not in compliance
with the Township Building or Fire Prevention Codes. Written notice
shall be given to all prospective tenants of this restriction on materials
and substances permitted to be stored.
U.
A minimum of one fire hydrant shall be provided on the site, subject
to approval by the Township Zoning Officer after consultation with
the Fire Chief.
1906.36.
Mixed-Use Development, subject to:
A.
The townhouse dwelling units shall be separated by a vertical common
wall. There shall be no horizontal separation between townhouse dwelling
units, and no dwelling unit shall be located above or below another
unit.
B.
Dwelling units shall not be located on the street or ground floor
of a mixed-use building.
C.
Nonresidential uses shall not be located above the street or ground
floor of a mixed-use building.
D.
The maximum length of a mixed-use building shall be 250 feet.
E.
The maximum depth of a mixed-use building shall be 55 feet.
F.
The minimum gross floor area on each floor of any townhouse dwelling
unit located in a mixed-use building shall be 1,500 square feet.
G.
The maximum number of business establishments located in a mixed-use
building shall be seven.
H.
The minimum number of townhouse dwelling units in a mixed-use building
shall be three.
I.
The maximum gross floor area of any single business establishment
located in a mixed-use building shall be 2,000 square feet.
J.
The first-floor businesses shall be architecturally distinguished
from the upper floor(s) by changes in wall surface materials or colors,
variations in the scale of windows and doors, roof overhangs, cornices,
string courses or other similar means of dividing the facade.
K.
Where the occupant of the dwelling unit operates a business in a
mixed-use building, shared parking may be authorized for the two uses.
L.
Parking for the dwelling units shall be located at the rear of the
building. If parking for the nonresidential uses is located at the
rear of the building, the front yard setback may be reduced from 40
feet to no less than 10 feet, provided a five-foot-wide sidewalk and
a minimum five-foot-wide planting strip are established in the reduced
setback.
M.
Dumpsters shall be completely enclosed by a wall or solid fence at
least six feet in height. Dumpsters shall be located in the rear yard.
Access to the dumpsters shall not obstruct or interfere with residential
parking.
1906.37.
Mobile Home Park, subject to:
A.
The application shall comply with all applicable requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] governing mobile home parks.
B.
The minimum site required for a mobile home park shall be five acres.
C.
The site shall be served by public sewers.
D.
The minimum mobile home lot shall be 6,000 square feet.
E.
The minimum yard requirements for each mobile home lot shall be 25
feet for front yards, 20 feet for rear yards and 10 feet for side
yards. Such yards shall be measured from the perimeter of the mobile
home slab. Carports or parking pads may be located in the required
side yard.
F.
Every mobile home lot shall have access to a private street in accordance
with the requirements of the Township Subdivision and Land Development
Ordinance.
[Amended by Ord. 691, 7/13/2016]
G.
At least two paved off-street parking spaces shall be provided on
each mobile home lot.
[Amended by Ord. 691, 7/13/2016]
H.
The total density of a mobile home park shall not exceed six mobile
homes per acre.
[Added by Ord. 691, 7/13/2016]
1906.38.
Multifamily Dwellings, subject to:
A.
The property proposed for multifamily dwellings shall have frontage
on and direct vehicular access to an arterial or collector street,
as defined by this chapter.
B.
The minimum lot area required to construct townhouses or garden apartments
shall be one acre.
C.
The maximum dwelling unit density for townhouses and garden apartments
shall be 12 units per acre.
D.
The setback from any property line adjoining a single-family dwelling
shall be 50 feet.
E.
All other minimum requirements of the zoning district shall apply
to garden apartments and townhouses.
F.
The maximum number of dwelling units in any townhouse building shall
be five.
G.
The maximum number of dwelling units in any garden apartment building
shall be 24.
H.
The maximum length of any building shall not exceed 250 feet.
I.
Where two or more buildings exist on the same lot, the minimum distance
between buildings shall be 20 feet or 50% of the height of the taller
building, whichever is greater.
J.
All property lines adjoining a single-family use or zoning classification shall be screened by Buffer Area B, as defined by § 27-2103.1 of this chapter.
K.
All parking areas adjoining a single-family use or zoning classification
which are not screened by a buffer area shall be screened by a minimum
six-foot-high compact evergreen hedge.
L.
All portions of the property not covered by buildings, driveways,
parking, pools, shelters, gazebos or other paved areas shall be suitably
landscaped with grass, ground cover and decorative shrubs or trees.
M.
The design and orientation of the buildings on the property shall
take into account compatibility with the visual impact on adjoining
single-family residential properties. The building and the property
shall be effectively landscaped to minimize such impacts on adjoining
residential properties.
N.
On lots containing more than 24 dwelling units, indoor or outdoor
recreational facilities appropriate to the needs of the prospective
residents shall be provided, subject to approval by the Board of Commissioners.
O.
In the R-3-A and R-4 Zoning Districts, the following shall apply.
(1)
The maximum number of dwelling units in any townhouse building
shall be six.
(2)
Maximum dwelling unit density shall be 12 units per acre.
(3)
Minimum gross floor area on each floor in a townhouse dwelling
unit shall be 1,500 square feet.
(4)
The townhouse dwelling units shall be separated by a vertical
common wall. There shall be no horizontal separation between townhouse
dwelling units, and no dwelling unit shall be located above or below
another unit.
P.
In the B-1-A Zoning District the following shall apply:
[Added by Ord. No. 725, 6/27/2022]
(1)
The maximum number of dwelling units in a garden apartment building
shall be 38; there is no limit on the number of dwelling units in
a mid-rise apartment building.
(2)
Maximum dwelling unit density shall be 30 per acre (gross).
(3)
The maximum height of a mid-rise apartment building may exceed
50 feet but shall not be greater than 60 feet.
(4)
The maximum length of any mid-rise apartment building may exceed
250 feet but shall not be greater than 400 feet.
(5)
Parking shall be provided at a ratio no lower than 1.5 spaces
per dwelling unit, plus 5% of the number of spaces so calculated for
visitor parking.
(6)
Rear yards may be reduced to 15 feet in depth but only where
abutting an I-1 Industrial District.
(7)
Unless otherwise permitted by the Board of Commissioners, at
no time shall the dwelling unit density in the B-1-A Zoning District
as a whole exceed 10 per acre (gross).
(8)
In the B-1-A Zoning District, car wash is permitted as an accessory
use to multifamily dwellings and shall be for the use of the residents
of the multifamily dwellings only.
1906.39.
Nature Preserve, subject to:
A.
Flora and fauna maintained in a nature preserve shall be limited
to those species that are indigenous to the region.
B.
The minimum site required for a nature preserve shall be 10 acres.
C.
There shall be no other use of the property, other than a landowner's
or caretaker's dwelling.
D.
The landowner shall present evidence of registration or participation
in a preservation program of the National Wildlife Association, Audubon
Society or similar environmental organization.
1906.40.
Neighborhood Commercial Uses, subject to:
A.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter. Vehicular
access to local streets shall not be permitted.
B.
The site shall be located at or within 300 feet of the intersection
of an arterial street with a collector street or an intersection of
two collector streets.
C.
The minimum site area shall be two acres.
D.
The maximum floor area of any single business establishment shall
be 2,000 square feet.
E.
The maximum floor area of any multi-tenant shopping center shall
be 10,000 square feet.
F.
Site lighting, if proposed, shall be designed with cutoff luminaires
with a maximum cutoff angle of 60°. (See illustration in Appendix
B.[6]) The maximum illumination at any property line adjoining
property in an S-C, R-1, R-2, R-2-A, R-3, R-4 or R-5 Zoning District
shall be 0.2 footcandle. The maximum height of poles supporting the
light fixtures shall be 15 feet.
[6]
Editor's Note: Appendix B is included as an attachment tot
his chapter.
G.
Buffer Area B, as defined by § 27-2103.1 of this chapter, shall be provided along all property lines adjoining property in an S-C, R-1, R-2, R-2-A, R-3, R-4 or R-5 Zoning District.
H.
Dumpsters shall be completely enclosed and screened by a solid fence
or wall.
1906.41.
Oil and Gas Compressor Stations and Processing Plants, subject
to:
A.
A company desiring to operate a compressor station or processing
plant shall obtain the permits required by this section, which are
in addition to, and are not in lieu of, any permit that may be required
by any other governmental or regulating agency.
B.
Access to any facility shall be arranged to minimize danger to traffic
and nuisance to surrounding properties and to maintain the integrity
of municipal roads. The following standards apply:
(1)
Any newly established private easements/roadways constructed
on the parcel containing the facility shall be located at least 50
feet from any property line unless written consent is obtained from
the adjoining property owner(s).
(2)
The access road to the facility, beginning with its intersection
with a municipal road, shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
would reasonably minimize water, sediment or debris carried onto any
public road. If the access road or accessway is less than 200 feet
in length, the entire access road or accessway shall meet these conditions.
This shall be in place prior to the commencement of any facility operations.
(3)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather, and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement.
C.
Prior to development, the applicant shall provide to the Township
Fire Department and Township Zoning Officer a copy of its emergency
response plan. Also, the applicant/operator shall, at its sole cost
and expense, provide to emergency services appropriate site orientation
with adequate information and ongoing training on dealing with any
potential dangerous conditions that may result from development activities.
D.
Noise-generating equipment, exceeding municipal ordinance standards,
shall be fully enclosed in a sound-reduction structure that conforms
to the character of the zone in which it exists. All applicable development
plans, permits and regulations shall apply to the enclosure. During
normal operations, the structure shall remain fully enclosed, with
all doors and windows remaining closed unless during times of egress.
E.
Compressors and other power-driven equipment shall utilize sparkless
electric motors, when practicable, as an alternative to internal-combustion
engines, unless the applicant can demonstrate that the alternative
engines are not inconsistent with the objectives of any Township ordinance.
All electrical installations and equipment shall conform to Township
ordinances and the applicable national codes.
F.
The applicant agrees to reimburse the Township for all reasonable
and direct professional consultant fees incurred by the Township related
to the site inspection, including, but not limited to, the Township
Engineer, Township Solicitor and any other reasonable and direct consultant
fees incurred for the review and approval process, and for any specialized
work called for in the permit.
G.
A secured entrance gate on the access road shall be required, and
all gates are to be kept locked when the operator or its employees
are not on the premises. All storage tanks, separation facilities,
or other mechanical or production equipment on the operation site
shall be completely enclosed by a permanent chain-link fence. Standards
for the chain-link fence and secured gate are as follows:
(1)
The chain-link fence shall be at least eight feet in height;
(2)
Support posts shall be set in concrete and shall be imbedded
into the ground to a depth sufficient to maintain the stability of
the fence;
(3)
The chain link shall be dark green or black steel wire;
(4)
The chain-link fence shall have, at a minimum, 11-gauge thickness;
(5)
Posts and rails shall be black or dark green standard socket
construction or similar design;
(6)
Tension rods shall be three-eighths-inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having a six-inch
minimum take-up. Tension bars shall have minimum thickness of 1/4
inch by 3/4 inch;
(7)
All chain-link fences shall be equipped with at least two gates.
At least one of the gates shall meet the following specifications:
(a)
The gates shall be of black or dark green chain-link
construction that meets the applicable specifications or of other
approved material that, for safety reasons, shall be at least as secure
as the chain-link fence;
(8)
Fencing shall be equipped with interlocking opaque slats, mesh,
or other screening material approved by the Township. Color of materials
shall be uniform and complementary to the color of the fence and painted
equipment. Approved colors shall include, but not be limited to, green,
brown, tan, and black.
H.
No applicant shall permit any lights located on any operation site
to be directed in such a manner so that they shine directly on a public
road, protected use, adjacent property or property in the general
vicinity of the operation site. To the extent practicable, and taking
into account safety considerations, site lighting shall be directed
downward and internally so as to avoid glare on public roads, protected
uses, and adjacent dwellings and buildings. Exterior lights shall
be turned off except when personnel are working on site or motion
sensors are activated.
I.
Building Permits, Zoning Certificates and Certificates of Occupancy.
Building permits, zoning certificates and certificates of occupancy,
where applicable, shall be obtained from the Township Zoning Officer,
and applications must include:
(1)
A description of the proposed site or modification to an existing
site with identification as to whether the site is located in a wetland
or floodplain;
(2)
Anticipated construction start and completion dates;
(3)
A plot plan of the site showing a clearly marked scale, all
property lines, all buildings, water wells, water sources and rights-of-way;
(4)
The applicant shall apply for a Township-assigned address at
the time of building permit application;
(5)
Any and all additional requirements that may be modified or
added by subsequent ordinance or required by Pennsylvania law;
J.
The applicant shall apply for a road use maintenance agreement, pay
the prescribed fee, and adhere to all conditions set forth in the
agreement.
K.
The standards shall be determined during the conditional use hearing.
L.
The following minimum setback distances must be adhered to:
(1)
The minimum distance to any protected use shall be 1,000 feet.
(2)
The minimum distance to any public or private school shall be
2,500 feet.
(3)
A setback reduction approval may be authorized by the Zoning
Hearing Board, provided that the applicant can submit compelling evidence
that such a reduction is absolutely necessary and will not be detrimental
to the purposes of this chapter.
(4)
All aboveground equipment, including compressor engines and
any structure in which they are enclosed, must be set back a minimum
of 100 feet from any adjacent property lines or rights-of-way.
M.
The facility signage shall be clearly visible for all 911 emergency
services, at the location where the access road intersects with the
Township- or state-owned road and at the entrance gate to each facility.
The signage must include:
N.
No compressor station shall be constructed on soil that is classified
as either Class 1 or 2 by the United States Department of Agriculture
(USDA) Natural Resources Conservation Service and published in the
Allegheny County Soil Survey.
O.
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
and/or federal permits, including proof of insurability, before initiating
any work and maintaining the required permits throughout the duration
of all operations. The applicant shall notify the Township immediately
of any suspension or revocation of the required state and/or federal
permits. Upon notification of said suspension or revocation, the Township-issued
permits will hereby be deemed suspended or revoked until state and/or
federal compliance is reached.
P.
The applicant shall submit a road use plan showing the proposed routes
of all trucks to be utilized for hauling equipment, supplies and the
like and the estimated weights of those trucks and the estimated number
of trucks entering and exiting the facility on a daily basis, as well
as keep a record/log of actual use, which may be requested from time
to time by the Board of Commissioners. In conjunction with the Township,
the applicant shall design the hauling routes to and from the facility
to minimize the impact on local roads. At no time shall any overweight
vehicle travel upon any Township roads, or portion thereof, other
than the specified portion of Township roads for which security has
been provided.
1906.42.
Planned Office or Research Park, subject to:
A.
The site shall have frontage on and direct vehicular access to an
arterial or collector street as defined by this chapter.
B.
The minimum site area required shall be five acres.
C.
Once the improvements are completed in an approved planned office
or research park, lots within an approved and recorded planned office
or research park may be sold and developed as independent entities
for any authorized use in the zoning district.
D.
Only the uses permitted by right or authorized as conditional uses
or uses by special exception in the zoning district in which the planned
office or research park is located shall be permitted in the planned
office or research park.
E.
The site plan shall be designed to minimize points of access to the
public street. Shared driveways shall be utilized where feasible and
cross-easements dedicated for common access, where necessary.
F.
The site shall be planned as a unit, and uniform signage and landscaping
and common parking and loading areas shall be proposed to promote
efficiency and preserve a common design theme.
G.
The entire perimeter of a planned office or research park site shall be screened by Buffer Area A as defined by § 27-2103.1 of this chapter.
H.
Supporting commercial uses shall be limited to one or more of the
following uses:
(1)
Business services.
(2)
Travel agency.
(3)
Pharmacy, in a building housing medical offices, a clinic or
a diagnostic or testing facility.
(4)
Sale of medical supplies and equipment in a building housing
medical offices, a clinic or diagnostic or testing facility.
(5)
Newsstand or tobacco shop.
(6)
Card and gift shop or stationery store.
(7)
Beauty shop or barbershop.
(8)
Coffee shop, delicatessen or sandwich shop providing either
sit-down or take-out service primarily for convenience of employees
of the office or research park.
(9)
Restaurant.
I.
Except for restaurants, supporting commercial uses shall be limited
to the ground or first floor of any office building and shall not
be permitted in any other freestanding principal or accessory building.
J.
In office or research parks of 25 acres or less, restaurants shall
be permitted only on the first or ground floor of an office or research
building. Restaurants in office and research parks containing 25 acres
or more shall be permitted in a freestanding principal or accessory
building. Restaurants also shall be permitted in any approved hotel.
K.
The maximum gross floor area devoted to any single restaurant establishment
which is open to the general public shall be 10,000 square feet.
L.
Off-street parking for the restaurant shall be provided in accordance with the requirements of Part 22 of this chapter for the use.
M.
The gross floor area devoted to all supporting commercial uses shall
not exceed 15% of the gross floor area devoted to office or research
use.
N.
Except for restaurants as regulated by § 27-1906.42D above,
the maximum gross floor area devoted to any single supporting commercial
establishment shall be 5,000 square feet.
O.
Off-street parking for the supporting commercial uses shall be provided
at the ratio of one parking space for each 500 square feet of gross
floor area.
1906.43.
Planned Recreation Complex, subject to:
A.
The site shall have a minimum area of 100 contiguous acres.
B.
The site shall have access to an arterial or collector street.
C.
The site shall be located within a two-mile radius of a limited access
highway interchange.
D.
All principal and accessory structures and uses shall be set back
at least 100 feet from any property line which adjoins property in
a residential zoning classification.
E.
All principal and accessory structures and uses shall be set back
at least 50 feet from any property in a nonresidential zoning classification.
F.
No building structures (excluding nonstructural components thereof,
such as light towers and radio towers) shall exceed 100 feet in height.
G.
Buffer Area A, as defined in § 27-2103.1 of this chapter, shall be provided along all property lines adjoining an S-C or R Zoning District. Existing vegetation or differences in elevation may be offered to meet the intent of the required buffer, provided that a conservation easement is recorded which restricts, in perpetuity, the removal of the vegetation and/or disturbance of the slopes.
H.
Traffic circulation into and out of the site and through the site
shall be designed to minimize congestion and promote safety.
I.
The conditional use application shall be accompanied by a traffic
study prepared by a qualified traffic engineer using the current edition
of the Institute of Transportation Engineers (ITE) Manuals and methodology
to determine the impact of trip generation by the proposed development
on the capacity and level of service of adjacent streets and intersections.
J.
Parking for each use shall be provided in accordance with the requirements of § 27-2203.1 of this chapter. In the event that one or more of the accessory uses will not operate when the principal use is in operation, shared parking may be authorized for those uses that have operating schedules which do not coincide or overlap.
K.
The application for conditional use shall include a lighting plan
showing the type and location of proposed fixtures and a photometric
plan showing distribution of lighting over the entire site.
L.
A master plan shall be submitted for development of the entire site
at the time of the conditional use application. The development may
be constructed in phases. Any revision to the approved master plan
which includes uses not proposed in the original application, which
increases building coverage or parking by more than 10% or which revises
the street layout or means of ingress and egress to and from the site
shall require submission of a new conditional use application.
M.
Primary access to the complex shall not be provided from any residential
local streets.
N.
No direct beams or rays of light from exterior lighting fixtures,
signs or vehicles entering, within or leaving the complex shall be
permitted to shine onto adjacent private residences.
O.
Outdoor loudspeakers shall be permitted for emergency announcements,
crowd control and field scheduling announcements only. Loudspeakers
may also be used for broadcast during an event taking place within
an arena, but only while the event is in progress, and such speakers
may not be located outside of the arena (except for emergency, crowd
control or scheduling announcements) nor direct broadcasts outside
of the arena.
P.
Athletic fields or facilities and arenas and seating areas shall
be designed to be compatible with and shall not unreasonably interfere
with the use, enjoyment or improvement of any existing or proposed
adjoining public park.
1906.44.
Planned Shopping Center, subject to:
A.
The minimum site required shall be five acres.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street as defined by this chapter.
C.
Once the improvements are completed in an approved shopping center,
lots within the approved and recorded shopping center may be sold
and developed as independent entities for any authorized use in the
district.
D.
Only uses permitted by right or authorized as conditional uses or
uses by special exception in the district in which the shopping center
is located shall be permitted in the shopping center.
E.
Buffer Area A, as defined by § 27-2103.1 of this chapter, shall be provided along all property lines which adjoin the S-C or any R Zoning Districts.
F.
Sidewalks shall be installed in front of all stores.
G.
The site plan shall be designed to minimize points of access to the
public street. Shared driveways shall be utilized where feasible,
and cross-easements shall be dedicated for common access, where necessary.
H.
The site shall be planned as a unit, and uniform signage and landscaping
and common parking and loading areas shall be proposed to promote
efficiency and preserve a common design theme.
I.
Site lighting, if proposed, shall be designed with cutoff luminaires
with a maximum cutoff angle of 60°. (See illustration in Appendix
B.[7]) The maximum illumination at any property line adjoining
property in an S-C, R-1, R-2, R-2-A, R-3, R-4 or R-5 Zoning District
shall be 0.2 footcandle. The maximum height of poles supporting the
light fixtures shall be 15 feet.
[7]
Editor's Note: Appendix B is included as an attachment to this chapter.
J.
The following uses are permitted as a conditional use within a planned
shopping center in addition to the planned shopping center use:
K.
The foregoing uses shall be subject to the following express standards
and criteria:
(1)
The minimum area occupied by the entire shopping center shall
be 50 acres.
(2)
That portion of the shopping center incorporating any of the
foregoing uses shall be on a separate subdivided lot comprised of
at least four acres but not more than 10 acres, distinct from the
remainder of the shopping center.
(3)
There shall be parking for at least 1,000 vehicles on the entire
shopping center site. In addition, there shall be two spaces for each
1,000 square feet of gross floor area devoted to the foregoing uses
listed in § 27-1906.44J.
(4)
The exterior finishes of the building(s) housing and of the
uses listed in § 27-1906.44J shall be generally compatible
with the exterior finishes of one or more of the buildings on the
shopping center site but shall not be unfaced concrete block.
(5)
All interior driveways shall be paved with an impervious surface
sufficient for the loads the driveways are expected to bear.
(6)
The maximum lot coverage by all buildings shall not exceed 75%.
(7)
The shopping center site shall abut an I-1 Zoning District.
(8)
The shopping center site (excluding the uses listed above in
§ 27-1906.44J) shall contain at least 400,000 square feet
of retail floor area.
(9)
That portion of the shopping center incorporating any of the
uses listed in § 27-1906.44J above shall contain at least
30,000 leasable square feet of floor area, which may be developed
in one of more phases, provided that at no time shall the leasable
square feet of floor area of all the uses listed in § 27-1906.44J
constitute more than 25% of the existing leasable square feet of retail
floor area of the shopping center.
(10)
That portion of the shopping center incorporating any of the
uses listed in § 27-1906.44J shall not have a direct curb-cut
access to a public street but shall have access to a public street
by a private street.
(11)
No outside storage of equipment, inventory, supplies or material
is permitted in connection with any of the uses referenced above in
§ 27-1906.44J.
1906.45.
Printing Establishment, subject to:
A.
All printing establishments shall comply with the performance standards set forth in § 27-2102 of this chapter.
B.
All activities shall take place indoors.
C.
The facility shall be so designed and so constructed that there shall
be no danger to the health, safety or welfare of residents or persons
on adjoining properties.
D.
All ventilation systems shall be so designed that any smoke, fumes
or odors shall not be directed towards abutting properties.
1906.46.
Private-Use Helipad, subject to:
A.
The minimum site required for a private-use helipad shall be 25 acres.
B.
Helipads shall be located at least 250 feet from any property line
or public street.
C.
Helipads accessory to a hospital shall be limited to use by emergency
vehicles and health system personnel.
D.
Only one private-use helipad shall be authorized for each planned
office or research park, regardless of the number of businesses located
in the park.
E.
Evidence of compliance with all applicable regulations of the Federal
Aviation Administration (FAA) and the Pennsylvania Department of Transportation
Bureau of Aviation shall be submitted.
F.
The helicopter landing pad shall be clearly marked with the insignia
commonly recognized to indicate a private-use helipad.
G.
The helicopter landing pad shall be paved, level and maintained dirt-free.
Rooftop pads shall be free of all loose stone and aggregate.
H.
An application for a helipad on a roof shall be accompanied by a
certification by a registered engineer that the loads imposed by the
helicopter will be supported by the structure.
I.
Lighting shall be shielded away from adjacent properties and streets.
J.
The applicant shall submit a report from a reputable acoustic or
aviation consultant showing the computer prediction model developed
by the FAA referred to in 14 CFR, Part 150, § A150.103.
K.
The applicant shall submit proof of ownership of helicopter liability
insurance in an amount not less than $5,000,000 for any one accident
or occurrence.
L.
No takeoffs or landings shall occur between the hours of 9:00 p.m.
and 6:00 a.m.
M.
Clear areas on the site for emergency landings of the helicopter
in the event of mechanical failure shall be available. These emergency
landing areas shall be located within the normal glide range of the
helicopter with one engine off when operating in the approved takeoff
or landing lane from the helipad.
1906.47.
Public Recreation and Noncommercial Recreation, subject to:
A.
A minimum lot area of one acre shall be required; however the minimum
lot area required may be reduced to not less than 15,000 square feet
for public recreation facilities which are located in established
neighborhoods within walking distance of the residents they are intended
to serve.
B.
All principal structures shall be located at least 30 feet from any
property line.
C.
Buffer Area C, as defined by § 27-2103.1 of this chapter, shall be provided where parking for the use or other intensively used facilities, such as ballfields, tennis courts, shelters and the like, are proposed adjacent to any property line adjoining a residential use or zoning classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from an adjoining residential use or zoning classification.
E.
All lighting shall be shielded away from adjoining streets and properties.
F.
Any outdoor facility located within 200 feet of an existing dwelling
shall cease operations at 11:00 p.m.
1906.48.
Public Transit Park-and-Ride Facility, subject to:
A.
The minimum site required shall be two acres.
B.
The site shall have frontage on an arterial street, as defined by
this chapter.
C.
The site shall be located within one mile of an interstate highway
interchange.
D.
Buffer Area B, as defined by § 27-2103.1 of this chapter, shall be provided along all property lines adjoining an S-C or R Zoning District.
E.
Parking lot landscaping shall be provided in accordance with the
requirements of § 27-2103.10C of this chapter.
F.
Parking areas shall be illuminated for night use. Light standards
shall be a maximum of 25 feet in height. Light fixtures shall be cutoff
luminaires with a cutoff angle no greater than 60°. Illumination
at the property line shall not exceed 1.0 footcandle.
G.
The outside storage of inoperative vehicles and the outside repair
or maintenance of vehicles shall not be permitted, except for the
limited purpose of performing emergency repairs to parked vehicles
that are temporarily disabled.
H.
Aboveground parking structures or parking buildings shall not be
permitted.
I.
The design of the parking area shall comply with the provisions of
Part 22.
J.
The parking area shall be open only during those hours for which
mass transit services are provided to and from the lot. The Township
may require security fencing along the side and rear of the property
if physical conditions on and surrounding the site warrant.
K.
Only an unenclosed structure providing protection from the weather
may be constructed on the site to accommodate patrons waiting for
transit services. Said structure may be located in the required front
yard, providing it shall be at least five feet from the edge of the
pavement of a street or driveway.
L.
An enclosed fare/ticket booth capable of accommodating no more than
two employees may be constructed on the site and shall be subject
to the required yards for principal buildings.
M.
An area not exceeding 10% of the gross area of the site may be set
aside for an accessory use incidental to the operation of the facility,
including, as an example, a coffee shop, newsstand or transit information
center.
N.
The operating agency shall be responsible for the continuing maintenance
and upkeep of the site.
O.
A secured building not exceeding 180 square feet in floor area and
20 feet in height may be erected for the exclusive use of public transit
employees.
1906.49.
Public Utility Building or Structure, subject to:
A.
The minimum lot area required shall be 20,000 square feet.
B.
Maintenance vehicles shall be stored within a completely enclosed
building.
C.
Outdoor storage of materials or equipment, other than maintenance
vehicles, shall be permitted only if the storage area is completely
enclosed by a minimum eight-foot fence with locking gate and is screened
by 100% opaque screening material placed in the fencing or by a six-foot
dense, compact evergreen hedge.
D.
Any area of the building which is used for business offices shall comply with the parking requirements of Part 22 of this chapter for that use. Any area of the building which is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
1906.50.
Recreation-Related Commercial Uses, subject to:
A.
Commercial recreation uses that complement existing public recreation or historic sites located nearby the S-C Zoning District may be authorized, subject to compliance with § 27-1906.11.
B.
Additional recreation-related commercial uses shall include, and
are limited to: a concession stand, ice cream store, delicatessen,
cafeteria or restaurant, bicycle rental, bicycle repair, pro shops,
gift shops, retail sales of sporting goods, and other similar retail
or service uses which are directly related to the nearby existing
recreational or historic sites in the S-C Zoning District.
C.
The proposed recreational or commercial structures shall be designed
to preserve natural features and orient to the Panhandle Trail or
other related recreational or historic site nearby. Grading and vegetation
removal shall be minimized.
D.
Lighting or other features which encourage use of outdoor areas after
dusk shall not be permitted.
E.
The design of the proposed recreational facilities and any proposed
recreational or commercial structures shall comply with all applicable
requirements governing floodplains and wetlands.
F.
The maximum floor area of any recreational or commercial building
shall be 2,500 square feet.
G.
In addition to the required parking spaces for vehicles required
by this chapter for the proposed uses, parking areas for bicycles
shall be provided.
H.
No storage of equipment or materials shall be permitted outside a
completely enclosed structure.
I.
Dumpsters shall be completely enclosed by a wall or solid fence and
shall be landscaped to complement the natural environment. Trash receptacles
shall be provided and shall be designed of natural materials or a
design compatible with the natural environment.
J.
All areas which are not used for active recreational facilities,
structures or parking areas shall be maintained in a natural state
or attractively landscaped. Areas kept in a natural state shall be
adequately maintained to eliminate the accumulation of litter and
growth of weeds and tall grass.
1906.51.
Renewable Energy Systems, subject to:
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It is the purpose of these regulations to promote the safe,
effective and efficient use of renewable energy systems to reduce
the consumption of utility-supplied energy, heat, hot water, or any
combination of the above, while protecting the health, safety and
welfare of the residents of the Township, and while protecting adjacent
land uses through appropriate zoning and land use controls. Non-utility-supplied
energy systems not specified herein may be permitted subject to conditional
use approval. Building-integrated systems shall not be subject to
zoning approval. Where, in the course of reviewing a permit application
for any renewable energy system, it is deemed advisable for the Township
to retain the services of the Township Engineer or any other consultant,
all reasonable costs therefor shall be borne by the applicant.
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A.
Solar Energy Systems (Small).
(1)
A small solar energy system shall be permitted as an accessory
use to an existing principal use in any zoning district by right subject
to the regulations set forth in this section. It shall be the responsibility
of the landowner and/or applicant to prove compliance with this section
at the time of application for a building/zoning permit.
(2)
All solar energy equipment shall be located on the parcel or
plot of land of record in which the principal use is located, with
the exception that power lines or any related equipment to the solar
energy system may be located on an adjoining parcel or plot of land
of record, provided it will comply with all applicable virtual net
metering laws of the public utility provider.
(3)
Power generated by the solar energy system shall provide power
only for the principal use which it services; any excess power generated
by the solar energy system shall only be sold or acquired by a public
utility in accordance with law or other governmental regulations.
(4)
All mechanical equipment associated with and necessary for the
operation of the solar energy system, which is ground-mounted, including
any structure for batteries or storage cells, shall be enclosed within
a six-foot-high fence or evergreen plantings of equal height. Evergreen
plantings shall be of a type that is to be approved by the municipality.
No noxious trees, plants or weeds shall be permitted to fulfill the
landscaping requirements. The fence shall be made of wood, masonry,
durable plastic or other decorative material approved by the municipality.
Chain-link fences shall not be permitted unless they are fully screened
from view by evergreen plantings.
(5)
Historic Structures. If an accessory solar energy system is
proposed to be mounted on or located within 100 feet of any historic
structure as may be designated by the Township or determined to be
eligible for listing on the National Register of Historic Places by
the Pennsylvania Historical and Museum Commission or the National
Park Service, such system shall be subject to conditional use approval
at the sole discretion of the Township as provided herein and upon
a finding that the proposed system will not adversely impact the historical
significance or landscape context of the subject historic structure.
(6)
Solar Access Easements. A solar energy system shall be located
to ensure solar access without reliance on adjacent properties. Where
any applicant desires to ensure that solar access to a solar energy
system shall not be obstructed over time by permissible uses or activities
on any adjacent property (i.e., by planting or growth of vegetation,
new construction, etc.), it shall be the responsibility of the owner
of the solar energy system to obtain appropriate solar access easement(s)
from neighboring property owner(s). All solar access easements shall
be recorded in the office of the Allegheny County Recorder of Deeds.
(7)
Ground-Mounted Solar Energy Systems.
(a)
No part of a ground-mounted solar energy system
shall be located any closer than 15 feet from any side or rear property
lines. No part of a ground-mounted solar energy system shall be located
between the principal structure on the property and the public street
right-of-way, notwithstanding the aforesaid requirement.
(b)
Ground-mounted solar energy systems shall not be
placed within any legal easement or right-of-way location, or be placed
within any stormwater conveyance system or in any other manner that
would alter or impede stormwater runoff from collecting in a constructed
stormwater conveyance system.
(c)
Ground-mounted solar energy systems shall not be
placed in a manner that would cause a violation of any other section
of this chapter, including minimum parking requirements, required
buffer yards or other landscaping requirements, maximum impervious
coverage limitations or any other applicable standards of this chapter,
as determined by the Municipal Zoning Officer.
(d)
Ground-mounted panels of a solar energy system
shall be counted towards a given property maximum impervious coverage
requirements, unless the applicant can demonstrate that stormwater
will infiltrate into the ground beneath the solar panels at a rate
equal to that of the infiltration rate prior to placement of the panels.
(e)
Ground-mounted solar energy systems shall not exceed
a height of 20 feet.
(8)
Roof-Mounted Solar Energy Systems.
(a)
Roof-mounted solar energy systems shall not extend
beyond the peak elevation of the top of the roof on which the panels
are to be constructed.
(b)
If the solar panels are to be constructed on a
flat roof, no part of the solar energy system shall exceed beyond
the maximum height requirements for the zoning district in which the
building is located.
(c)
Roof-mounted solar energy systems shall not be
counted as adding to any impervious coverage calculation.
(9)
All electric and utility lines associated with the solar energy
system shall be buried underground.
(10)
Any installation of a solar energy system shall comply with
all applicable standards of the Uniform Construction Code.
(11)
Solar collectors shall be installed so as to prevent glare or
concentrated solar radiation as may otherwise be directed onto other
properties or onto roadways such that a nuisance situation is created.
Antireflective surface materials or coatings shall be used to preclude
glare to the extent feasible. The applicant or the installer or manufacturer
of the solar energy system shall submit with the application for a
permit, as applicable, a signed statement including the following:
(a)
Certification that the proposed system shall not
produce glare or reflect concentrated solar radiation visible beyond
the property lines of the property upon which the solar energy system
shall be located such that a nuisance situation is created;
(b)
Acknowledgement that, should any glare or concentrated
solar radiation produced prove to be visible beyond the property lines
of the property upon which the solar energy system shall be located,
at any time subsequent to the installation of the system, such that,
in the opinion of the Zoning Officer, a nuisance situation or safety
hazard arises for another property owner or the traveling public,
the Township may, at its discretion, require mitigated action or may
require the removal of the system or portion thereof generating the
glare or reflected solar radiation;
(c)
Acknowledgement that, should any mitigation or
system removal deemed necessary by the Township fail to be dealt with
in accordance with the Township's determination within six months
of notification of the landowner and/or system owner, or immediately
in any case determined to be a safety hazard, the Township may implement
such mitigation or remove such systems as it deems necessary, costs
therefor to be reimbursed within 90 days and, if not, a commensurate
lien shall be placed upon the property;
(d)
Acknowledgement that the obligations set forth
herein shall continue so long as the subject solar energy system remains
in operation and that any subsequent property owner shall be so notified.
(12)
The solar energy system shall be kept in good repair and sound
condition. Upon abandonment of the use, the solar panels, electrical
wires, support structures and any other related structures and equipment
shall be dismantled and removed from the lot within 60 days.
(13)
No signage or advertising of any kind shall be utilized or attached
to the solar energy system. This requirement shall not include the
make and model description of the solar energy system, manufacturers'
required hangtags or warning signs or other signage that is required
by law.
B.
Solar Energy Systems (Large).
(1)
Large solar energy systems shall be permitted by conditional
use as an accessory use to any nonresidential principal use in the
municipality, except that no large-scale solar energy systems shall
be permitted within the R-1, R-2, R-2-A, R-3, R-4 or R-5 Zoning Districts.
(2)
Large solar energy systems as principal uses on a lot, the sole
purpose of which is to generate electricity to be sold to a public
utility provider under the laws and regulations of the Public Utility
Commission and/or public utility provider, shall be permitted by conditional
use, within the I-1 Industrial Zoning District, subject to compliance
with the performance and design standards for all nonresidential uses
stated in this chapter.
(3)
The landowner and/or applicant shall present the following evidence
to the Board of Commissioners at the hearing for a large solar energy
system:
(a)
A narrative describing the proposed large solar
energy system, including an overview of the project, the project location,
the approximate generating capacity of the solar energy system, the
approximate number, representative types and height or range of heights
of the panels or other solar energy equipment to be constructed, including
their generating capacity, dimensions and respective manufacturers,
and a description of all ancillary facilities.
(b)
Identification of the properties or portions thereof
on which the proposed large solar energy system will be located and
also the properties adjacent to where the large solar energy system
will be located.
(c)
A site plan, drawn to scale, showing all of the
following information, as applicable: the planned location of each
solar panel, related structures, setback lines, access roads and turnout
locations, substations, electrical wiring, ancillary equipment, buildings
and structures, including associated distribution and/or transmission
lines, floodplains, easements, wetlands and limits of earth disturbance
associated with construction of the large solar energy system.
(d)
Documents indicating the type and specifications
of fencing to be used around the perimeter of the large solar energy
system.
(e)
Documents relating to the decommissioning of the
large solar energy system, including a schedule for decommissioning
of the solar panels and related equipment.
(f)
Documents indicating compliance with any other
applicable federal, state and local laws regulating large solar energy
systems and/or land development, including, but not limited to, any
applicable laws of the Public Utility Commission, any public utility
provider, the Allegheny County Conservation District, and the Pennsylvania
Department of Environmental Protection.
(4)
The minimum lot size for any large solar energy system shall
be five acres.
(5)
Large solar energy systems shall be set back a minimum of 100
feet from any public right-of-way, any lot line, and any historic
structure as may be designated by the Township or determined to be
eligible for listing on the National Register of Historic Places by
the Pennsylvania Historical and Museum Commission or the National
Park Service.
(6)
Notwithstanding lot coverage limitations set forth in the base
zoning district(s), the maximum impervious coverage for a large solar
energy system and any accessory or appurtenant structures shall be
20% of the lot area.
(7)
All mechanical equipment associated with and necessary for the
operation of the large solar energy system that is not mounted on
a building wall, including any structure for batteries or storage
cells, shall be enclosed within a six-foot-high fence or evergreen
plantings of equal height. Evergreen plantings shall be of a type
that is to be approved by the Township. No noxious trees, plants or
weeds shall be permitted to fulfill the landscaping requirements.
The fence shall be made of wood, masonry, durable plastic or other
decorative material approved by the municipality. Chain-link fences
shall not be permitted unless they are fully screened from view by
evergreen plantings.
(8)
Solar energy systems shall not be artificially lighted except
to the extent required for safety or by any applicable federal, state
or local authority.
(9)
Solar energy systems and appurtenant or accessory structures
shall not display any advertising, except for reasonable identification
of the panel or other equipment manufacturer and the facility owner.
(10)
Solar energy systems shall be located where there is a means
of vehicular access from a public or private street.
(11)
A solar energy system shall be located to ensure solar access
without reliance on adjacent properties. Where any applicant desires
to ensure that solar access to a solar energy system shall not be
obstructed over time by permissible uses or activities on any adjacent
property (i.e., by planting or growth of vegetation, new construction,
etc.), it shall be the responsibility of the owner of the solar energy
system to obtain appropriate solar access easement(s) from neighboring
property owner(s) and to notify the Township upon the recording of
any such easement(s). All solar access easements shall be recorded
in the office of the Allegheny County Recorder of Deeds.
(12)
Solar collectors shall be installed so as to prevent glare or
concentrated solar radiation as may otherwise be directed onto other
properties or onto roadways such that a nuisance situation is created.
Antireflective surface materials or coatings shall be used to preclude
glare to the extent feasible. The applicant or the installer or manufacturer
of the solar energy system shall submit with the application for a
permit, as applicable, a signed statement including the following:
(a)
Certification that the proposed system shall not
produce glare or reflect concentrated solar radiation visible beyond
the property lines of the property upon which the solar energy system
shall be located such that a nuisance situation is created;
(b)
Acknowledgement that, should any glare or concentrated
solar radiation produced prove to be visible beyond the property lines
of the property upon which the solar energy system shall be located,
at any time subsequent to the installation of the system, such that,
in the opinion of the Zoning Officer, a nuisance situation or safety
hazard arises for another property owner or the traveling public,
the Township may, at its discretion, require mitigated action or may
require the removal of the system or portion thereof generating the
glare or reflected solar radiation;
(c)
Acknowledgement that, should any mitigation or
system removal deemed necessary by the Township fail to be dealt with
in accordance with the Township's determination within six months
of notification of the landowner and/or system owner, or immediately
in any case determined to be a safety hazard, the Township may implement
such mitigation or remove such systems as it deems necessary, costs
therefor to be reimbursed within 90 days and, if not, a commensurate
lien shall be placed upon the property;
(d)
Acknowledgement that the obligations set forth
herein shall continue so long as the subject solar energy system remains
in operation and that any subsequent property owner shall be so notified.
(13)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(14)
If the solar energy system is ever abandoned or enters into
a state of disrepair, it shall be the responsibility of the property
owner to remove or properly maintain the solar energy system within
six months from the date the system enters such a state or immediately
in any case determined to be a safety hazard.
(15)
If a ground-mounted solar energy system is ever removed, any
earth disturbance as a result of the removal of the ground-mounted
solar energy system shall be graded and reseeded to the satisfaction
of the Township.
C.
Wind Energy System (Small).
(1)
A small wind energy system shall be permitted as an accessory
use to an existing principal use within any zoning district, subject
to the regulations set forth in this section. It shall be the responsibility
of the landowner and/or applicant to prove compliance with this section
at the time of application for a building/zoning permit.
(2)
The turbine shall be located on the same parcel or plot of land
of record on which the principal use is located, with the exception
that power lines or related equipment may be located on a neighboring
parcel or plot of land of record, provided it will comply with all
applicable virtual net metering laws of the public utility provider.
(3)
The height of the turbine shall include the tower and the rotor
at its point where a blade is directly perpendicular to the ground.
The maximum height of the turbine shall be 60 feet from the finished
grade.
(4)
Turbines must meet the setback requirements for accessory structures
for the underlying zoning district. In addition, turbines shall be
set back a horizontal distance equal to their height from any property
line or residential dwelling, excluding any dwelling on the lot on
which the turbine is located. No turbine shall be located between
the principal structure on the property and the public street right-of-way.
Additionally, all turbines must be set back sufficiently from any
aboveground utility lines, radio, television, or telecommunications
towers so as to present no danger to those lines or structures, as
certified by the applicant's engineer. No portion of any accessory
turbine shall extend over parking areas, access drives, driveways
or sidewalks.
(5)
The minimum clearance between the lowest arc of the turbine
blades and the ground shall be 15 feet. If the turbine model that
is proposed is a vertical axis wind turbine (also referred to as a
"helix-type windmill" or "VAT"), the height between the lowest point
of the turbine and the ground may be reduced to eight feet.
(6)
If guy wire anchors are required, they shall be set back a minimum
of 10 feet from any side and rear property lines.
(7)
All electric and utility lines associated with the turbine shall
be buried underground.
(8)
All mechanical equipment associated with and necessary for the
operation of the turbine, including any structure for batteries or
storage cells, shall be screened from view with an enclosed six-foot-high
fence or evergreen plantings of equal height. The evergreen plantings
shall be of a type approved by the municipality and shall be planted
to provide a full screen of the mechanical equipment. No noxious trees,
plants or weeds shall be permitted to fulfill the screening requirements.
The turbine tower shall also be enclosed within a six-foot-high fence
unless the base of the turbine tower is not climbable for a distance
of 12 feet. Any required fencing shall be made of wood, masonry, durable
plastic or other decorative material approved by the Township. Chain-link
fences shall not be permitted unless they are fully screened from
view by evergreen plantings of equal or greater height than the fence.
(9)
The turbine shall not generate noise which exceeds 60 decibels
at any property line.
(10)
The turbine shall be kept in good repair and sound condition.
Upon abandonment of use, the turbine and all related structures shall
be dismantled and removed from the lot within 60 days.
(11)
The co-location of wireless communication antennas on a turbine
tower shall not be permitted.
(12)
Power generated by the turbine shall provide power only for
the principal use which it services; any excess power generated by
the turbine shall only be sold or acquired by a public utility in
accordance with law or other governmental regulations.
(13)
The installation of the turbine shall meet all applicable requirements
of the Uniform Construction Code.
(14)
No signage or advertising of any kind shall be utilized or attached
to the turbine. This requirement shall not include the make and model
description of the turbine, manufacturers' required hangtags or warning
signs or other signage that is required by law.
(15)
No lighting, unless required by any FAA requirements, shall
be utilized or attached to the turbine.
(16)
Turbines shall be a neutral, nonobtrusive color, such as white,
off-white, gray, brown, black or other approved earth-tone shade,
unless a specific color or color pattern is required by the FAA or
other regulatory agency.
D.
Wind Energy System (Large).
(1)
A large wind energy system shall be permitted by conditional
use within the Industrial Zoning District. Large wind energy systems
shall be required to meet the performance standards of this chapter.
(2)
The height of the turbine shall include the turbine tower and
the turbine rotor at its point where a blade is directly perpendicular
to the ground. The maximum height of the turbine shall be 250 feet.
(3)
A turbine shall be set back from all property lines and ultimate
street right-of-way at a distance that is equal to the turbine's height
(in feet) plus an additional 25 feet.
(4)
The turbine shall not generate noise which exceeds 60 decibels
at any property line.
(5)
All on-site utility and transmission lines extending to and
from the large wind energy system shall be placed underground.
(6)
All large wind energy systems shall be equipped with a redundant
braking system. This includes both aerodynamic overspeed controls
(including variable pitch, tip, and other similar systems) and mechanical
brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff
regulations shall not be considered a sufficient braking system for
overspeed protection.
(7)
No lighting, unless required by any FAA requirements, shall
be utilized or attached to the turbine.
(8)
Turbines shall be a neutral, nonobtrusive color, such as white,
off-white, gray, brown, black or other approved earth-tone shade,
unless a specific color or color pattern is required by the FAA or
other regulatory agency.
(9)
No signage or advertising of any kind shall be utilized or attached
to the turbine. This requirement shall not include the make and model
description of the turbine, manufacturers' required hangtags or warning
signs or other signage that is required by law.
(10)
All large wind energy systems shall, to the greatest extent
feasible, be sited to prevent shadow flicker on any occupied building
on an adjacent lot.
(11)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(12)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(13)
No portion of any large wind energy system shall extend over
parking areas, access drives, driveways or sidewalks.
(14)
The minimum height between the lowest portions of the wind turbine
shall be 30 feet above ground.
(15)
All mechanical equipment associated with and necessary for the
operation of the turbine, including any structure for batteries or
storage cells, shall be screened from view with an enclosed six-foot-high
fence or evergreen plantings of equal height. The evergreen plantings
shall be of a type approved by the Township and shall be planted to
provide a full screen of the mechanical equipment. No noxious trees,
plants or weeds shall be permitted to fulfill the screening requirements.
The perimeter of the large wind energy system shall also be enclosed
within a six-foot-high fence unless the base of the turbine towers
are not climbable for a distance of 12 feet. Any required fencing
shall be made of wood, masonry, durable plastic or other decorative
material approved by the Township. Chain-link fences shall not be
permitted unless they are fully screened from view by evergreen plantings
of equal or greater height than the fence.
(16)
If a large wind energy system is proposed to be mounted on or
located within 100 feet of any historic structure as may be designated
by the Township or determined to be eligible for listing on the National
Register of Historic Places by the Pennsylvania Historical and Museum
Commission or the National Park Service, such system shall be subject
to conditional use approval, at the sole discretion of the Township,
upon a finding that the proposed system will not adversely impact
the historical significance or landscape context of the subject historic
structure or historic resource.
(17)
The landowner and/or applicant shall present the following evidence
to the Board of Commissioners at the hearing for a large wind energy
system:
(a)
A narrative describing the proposed large wind
energy system, including an overview of the project, the project location,
the approximate generating capacity of the large wind energy system,
the approximate number, representative types and height or range of
heights of the turbines or other equipment to be constructed, including
their generating capacity, dimensions and respective manufacturers,
and a description of all ancillary facilities.
(b)
Identification of the properties or portions thereof
on which the proposed large wind energy system will be located and
also the properties adjacent to where the large wind energy system
will be located.
(c)
A site plan, drawn to scale, showing all of the
following information, as applicable: the planned location of each
turbine, related structures, setback lines, access roads and turnout
locations, substations, electrical wiring, ancillary equipment, buildings
and structures, including associated distribution and/or transmission
lines, floodplains, easements, wetlands and limits of earth disturbance
associated with construction of the large wind energy system.
(d)
Documents indicating the type and specifications
of fencing to be used around the perimeter of the large wind energy
system.
(e)
Documents relating to the decommissioning of the
large wind energy system, including a schedule for decommissioning
of the solar panels and related equipment.
(f)
Documents indicating compliance with any other
applicable federal, state and local laws regulating large wind energy
systems and/or land development, including, but not limited to, any
applicable laws of the Public Utility Commission, any public utility
provider, the Allegheny County Conservation District, and the Pennsylvania
Department of Environmental Protection.
E.
Outdoor Hydronic Heaters as Accessory Uses.
(1)
Outdoor hydronic heaters, also known as "outdoor wood-fired
boilers," shall be permitted as an accessory use on lots that are
one acre or larger. All outdoor hydronic heaters shall comply with
the regulations of this section. It shall be the landowner and/or
applicant's responsibility to prove compliance with this section;
this shall include the requirements of submitting manufacturer's specifications
and maintenance documents, certification testing results, and any
other required documents at the time of application for a building/zoning
permit.
(2)
The regulations listed below shall not apply to the following:
(a)
Grilling or cooking using charcoal, wood, propane
or natural gas in cooking or grilling appliances.
(b)
Approved outdoor recreational fires.
(c)
Burning in a stove, furnace, fireplace, or other
heating device within a building used for human or animal habitation.
(d)
The legal use of propane, acetylene, natural gas,
gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
(3)
The following items shall not be burned in an outdoor hydronic
heater:
(a)
Treated or painted wood, furniture, trash, rubbish
or garbage, tires, lawn clippings, woody yard wastes, plastic materials,
rubber materials, waste petroleum products, paints and paint thinners,
chemicals, hazardous wastes, coal, paper wastes, construction or demolition
debris, plywood, particleboard, manure, and animal carcasses.
(4)
Fuel Requirements for Outdoor Hydronic Heaters. The materials
listed below shall be the only materials allowed to be used for fuel:
(a)
Clean wood, corn, wood pellets made from a clean
wood, home heating oil, natural gas, or propane that complies with
all applicable sulfur limits and is used as a starter or supplemental
fuel for dual-fired outdoor hydronic heaters or any other materials
located in a manufacturer's list of specifications so long as the
material is not prohibited by the previous section.
(5)
Any outdoor hydronic heater shall be located on the same parcel
or plot of land of record in which the principal use is located, with
the exception that power lines or any related equipment to the outdoor
hydronic heater may be located on an adjoining parcel or plot of land
of record, provided it will comply with all applicable virtual net
metering laws of PPL or other public utility provider.
(6)
No more than one outdoor hydronic heater shall be permitted
per lot.
(7)
Outdoor hydronic heaters shall meet the certification standards
of the voluntary program of the Environmental Protection Agency (EPA)
for Phase 2 air emission levels of no more than 0.32 pound of fine
particulates per million British thermal units (BTUs) heat input and
any amendments or modifications made hereafter.
(8)
Setback Requirements.
(a)
Outdoor hydronic heaters shall be located a minimum
of 150 feet from any side or rear property line.
(b)
No outdoor hydronic heater shall be located between
the principal structure on the property and the public street right-of-way;
notwithstanding the aforesaid requirement, the minimum setback from
the ultimate public street right-of-way shall be no less than 150
feet.
(c)
If an outdoor hydronic heater is proposed to be
located within 100 feet of any historic structure as may be designated
by the Township or determined to be eligible for listing on the National
Register of Historic Places by the Pennsylvania Historical and Museum
Commission or the National Park Service, such outdoor hydronic heater
shall be subject to conditional use approval, at the sole discretion
of the Township, upon a finding that the proposed system will not
adversely impact the historical significance or landscape context
of the subject historic structure or historic resource.
(9)
No person shall install an outdoor hydronic heater unless it
has a permanent attached stack with a minimum stack height of 10 feet
above the ground that also extends at least two feet above the highest
peak of any residence located less than 150 feet from the outdoor
hydronic heater.
(10)
No signage or any form of advertising shall be utilized or attached
to an outdoor solid-fuel-fired boiler. This requirement shall not
include the make and model description of the outdoor hydronic heater,
manufacturers' required hangtags or warning signs, the hangtags indicating
EPA air quality specifications, or other signage that is required
by law.
(11)
No person shall use or operate a new or existing outdoor wood-fired
boiler between the dates of May 1 and September 30.
(12)
All outdoor hydronic heaters shall be installed, operated and
maintained in strict compliance with all emissions of air quality
standards promulgated by the EPA, the DEP, or other relevant state
or federal agency, including emissions of dust and particulates.
(13)
In the event that an outdoor hydronic heater is damaged or it
is physically deteriorated or decayed to the point where it no longer
is compliant with this section, said heater must be removed and/or
replaced with a new unit within 60 days of the date that notice is
received from the Municipal Zoning Officer. In the event of replacement,
all provisions of this chapter in effect at the time of replacement
shall be complied with.
(14)
In the event the outdoor hydronic heater is abandoned, the boiler,
electrical wires, and any related equipment and structures shall be
dismantled and removed from the property within 60 days of the date
it was abandoned.
(15)
Outdoor hydronic heaters shall comply with all applicable regulations
of the Uniform Construction Code.
1906.52.
Research and Development, subject to:
A.
The premises shall have frontage on and direct vehicular access to
an arterial street or collector street.
B.
Activities shall be limited to those activities that do not involve
any products or processes that use or produce any hazardous material
as classified by the United States Environmental Protection Agency
(US EPA) or Pennsylvania Department of Environmental Protection (PA
DEP).
C.
There shall be no outside storage of materials or equipment.
D.
Any outdoor equipment shall be totally screened from the public view.
1906.53.
Retirement Community, subject to:
A.
The minimum site required for a retirement community shall be 20
acres.
B.
The site proposed for a retirement community, as defined herein,
shall have frontage on and direct vehicular access to a street classified
by this chapter as an arterial or collector street. Access to local
Township streets shall not be permitted, except that a secondary controlled
"emergency only" access may be provided from a local Township street,
if approved by the Township.
C.
A retirement community may include one or more of the following dwelling
types:
E.
In addition, a retirement community may include one or more of the
following supporting uses, subject to approval by the Township:
(1)
Postal station for use of the residents and staff only;
(2)
Banking facility for use of the residents only;
(3)
Pharmacy and/or medical offices for use of the residents only;
(4)
Personal services for the use of the residents only, including
beauty shop, barbershop, common laundry facilities, and dry-cleaning
valet;
(5)
Ice cream parlor and/or florist/gift shop for the use of residents
and their invited guests only;
(6)
Personal care boarding home licensed by the commonwealth;
(7)
Nursing home licensed by the commonwealth;
(8)
Elderly day-care center licensed by the commonwealth;
(9)
Taxi, van or similar transportation services for the residents.
F.
The maximum dwelling unit density permitted in a retirement community
shall be 12 dwelling units per acre.
G.
No principal structure shall be less than 50 feet from any property
line adjoining property in an S-C, R-1, R-2, R-2-A, R-3, R-4 or R-5
Zoning District. Along all other property lines, no principal structure
shall be less than 20 feet from any property line of the development
site.
H.
Buffer Area B, as defined by § 27-2103.1 of this chapter, shall be provided along all property lines adjoining property in an S-C, R-1, R-2, R-2-A, R-3, R-4 or R-5 Zoning District.
I.
There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boarding home is proposed, parking shall be provided in accordance with the requirements of § 27-2202 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.
J.
Sidewalks shall be provided to connect buildings, common outdoor
areas and parking areas.
K.
The site design shall include outdoor common areas, gathering places
and passive or active recreation facilities appropriate to the needs
of the residents. Common outdoor areas shall be attractively landscaped.
1906.55.
Specialty Retail in the B-3 District, subject to:
A.
The total space devoted to specialty retail in the district shall
not exceed 75,000 square feet.
B.
No single building containing specialty retail shall exceed 60,000
square feet.
C.
Specialty retail establishments may not exceed a maximum gross floor
area of 3,500 square feet, except that four specialty retail establishments
in the district may be comprised of 7,000 square feet or less and
one specialty retail establishment in the district may be comprised
of 13,000 square feet or less.
D.
All principal uses are required to occur within a completely enclosed building, except for incidental outdoor retail sales permitted on sidewalks immediately adjacent to the front of the retail store or outdoor seating associated with an approved sit-down restaurant, subject to compliance with § 27-1906.54.
E.
All unpaved areas shall be landscaped with grass or other appropriate
ground cover. The first 12 feet of any front yard setback, or the
first 12 feet of any side yard setback abutting a state highway, shall
be earth mounded a minimum of three feet high and landscaped with
a mix of landscaping materials including trees and shrubs. The location
of the landscaping materials shall not obstruct visibility for traffic
entering or leaving the site.
F.
Parking area landscaping shall be provided in accordance with § 27-2103.10C.
G.
Buffer Area A, as defined by § 27-2103.1 of this chapter, shall be provided along all property lines that adjoin an S-C or R Zoning District. Additional landscaping required by § 27-2103.10 shall be provided.
H.
Excluding any required buffer area and the 5% of the parking area
which is required to be landscaped, a minimum of 10% of the site area
shall be preserved as open space and shall be landscaped to complement
the building design and architectural theme, subject to approval by
the Township.
I.
All trash areas and dumpsters shall be totally screened from view
from adjoining residential property.
J.
All loading areas shall be in the rear of the building.
K.
A traffic impact analysis as defined by this chapter shall accompany
the application for conditional use approval.
L.
Buildings shall be designed with a common architectural theme. The
common architectural theme shall be comprised of uniform and consistent
use and treatment of the following elements throughout the B-3 District:
M.
The elements of the common architectural theme shall be extended
to the entrance and office area of any self-storage use but shall
not necessarily extend, with respect to exterior building and design
elements, to the storage buildings.
N.
With respect to freestanding hotels, motels and restaurants, the
common architectural theme shall extend to the greatest degree feasible
to such buildings, taking into account, however, any consistently
used standard design features of the use in question and the ability
or inability of the user to fully incorporate the common architectural
theme.
O.
All signs shall be constructed of natural materials or man-made materials
that simulate natural materials and shall be compatible with the architectural
theme for the site.
P.
Signs shall comply with the provisions of Part 23.
Q.
The conditional use application shall include a site lighting plan
showing a maximum level of illumination in the parking areas of 2.0
footcandles and a maximum level of spillover illumination on any adjoining
residential property of 0.2 footcandle. The site lighting plan shall
minimize spillover and/or skyshine for adjoining nonresidential property,
and the plan shall evidence an intent to limit such spillover and
skyshine.
R.
Site lighting shall be comprised of cutoff-style luminaires which
direct and cut off the light at a cutoff angle of less than 60°.
(See Appendix B for illustration of cutoff angle.[8])
[8]
Editor's Note: Appendix B is included as an attachment to this chapter.
S.
For self-storage facilities, lighting may be wall-mounted. The maximum
height for lighting fixtures is 20 feet above grade level.
T.
Site lighting fixtures shall be designed to carry out the architectural
theme for the proposed development.
U.
Decorative landscaping and trash receptacles shall be provided which
carry out the architectural theme for the proposed development.
V.
Sidewalks shall be provided along the fronts of all buildings to
encourage safe pedestrian access from the parking areas to each conditional
use authorized in the B-3 District. This requirement is not intended
to require sidewalks in front of self-storage buildings where the
sidewalks would prevent or impede customers from loading and unloading
adjacent to a self-storage unit.
W.
Public open space either inside or outside the buildings shall be
incorporated in the design of the development.
X.
Mechanical equipment, whether roof-mounted or located on the ground,
shall be screened with materials that provide sound attenuation and
that are harmonious with the proposed building materials and architectural
design theme.
1906.56.
Temporary Uses or Structures, Other than Construction Trailers,
subject to:
A.
A transient merchant license, if required by Township ordinance,
shall be obtained.
B.
The proposed temporary use or structure shall be limited to those
uses or structures otherwise authorized in the zoning district.
C.
In the B-1, B-1-A, B-2, B-3 and B-4 Districts, preparation and/or
serving of food in an outdoor setting shall be permitted only if all
of the following requirements are met:
(1)
The preparation and serving of food which is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, an occupancy permit shall be obtained from the Township Zoning Officer subject to the applicant demonstrating compliance with the standards and criteria of this § 27-1906.52.
(2)
Evidence of an approved permit from the Allegheny County Health
Department or its successor agency.
(3)
The preparation and serving of food shall not be permitted on
any vacant lot and shall only be permitted on the site of an existing
business.
(4)
The area used for preparing and serving the food shall not obstruct
any sidewalk or public right-of-way, nor shall it obstruct the free
flow of pedestrian or vehicular traffic on the site or adjoining the
site. On any sidewalk, there shall be maintained a minimum of five
feet of unobstructed width for the passage of pedestrians; and, in
the case where there is parallel parking permitted along such sidewalk,
a minimum of four feet adjacent to the curb to permit the discharging
of passengers shall be provided. These required unobstructed areas
on the sidewalk may be combined into one area at least five feet wide
along the curb.
(5)
No noise or odor shall emanate from such outdoor area where
food is prepared and/or served which adversely affects any adjoining
residentially zoned property within 300 feet of the outdoor area.
(6)
The area used for preparing and serving food shall not eliminate
the availability of any existing parking spaces on the site.
(7)
The activity shall comply with all applicable Township codes
and ordinances.
(8)
The site intended to be used for the preparation and/or serving
of food shall provide restroom facilities available to the public,
unless the existing business on the site has restroom facilities which
will be available to the public visiting the temporary use.
(9)
The owner of the existing business or the operator of the temporary
use involving the preparation and/or serving of food in an outdoor
setting shall provide the Township with a certificate of insurance,
in an amount at least equal to $2,000,000 per occurrence and $3,000,000
aggregate, indemnifying the Township against any liability resulting
from such use.
D.
Approval of temporary uses or structures shall be granted for a specific
time period not to exceed six months. If continued need for the temporary
use or structure on an annual basis is demonstrated by the applicant,
approval may be granted for annual renewal by the Zoning Officer of
the permit for the temporary use or structure, provided all conditions
of the original approval are maintained.
E.
All temporary uses or structures shall be removed within 10 days
of the expiration of the specific period for which the structure or
use is approved.
F.
All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 27-2202 for the proposed use.
G.
Vehicular access for all temporary uses or structures which are proposed
to be accessible to the public shall be designed to minimize congestion
on the lot and not impede the free flow of traffic for any other permanent
use or structure on the lot.
H.
All temporary uses or structures proposed to be used as principal
uses or structures shall comply with all area and bulk regulations
of the zoning district in which they are located. All temporary uses
or structures which are proposed to be used as accessory uses or structures
shall comply with the requirements of the zoning district for accessory
structures.
I.
Temporary uses or structures which are authorized for a particular
event shall be removed within 48 hours after the completion of the
event.
J.
Temporary uses or structures which are proposed as principal uses
or structures and which are accessible to the public shall provide
sanitary facilities, unless such facilities already exist on the lot.
1906.57.
Truck and Heavy Equipment Rental, Sales and Service, subject
to:
A.
The minimum site required shall be one acre.
B.
The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
C.
No vehicle or other merchandise displayed outdoors shall be less
than five feet from any property line. No vehicle or equipment shall
be parked on adjacent property or in any public street right-of-way.
D.
No vehicle shall be displayed or offered for sale which does not
have all of the mechanical and body components necessary for its safe
and lawful operation.
1906.58.
Truck Terminal, subject to:
A.
The site shall have frontage on and direct vehicular access to an
arterial or collector street as defined by this chapter.
B.
The site shall not be located within 1,200 feet of any occupied dwelling,
measured in a straight line along a public street from any site boundary
to the nearest wall of any dwelling.
C.
Ingress, egress and internal traffic circulation shall be designed
to ensure safety and minimize congestion.
D.
Site lighting shall be designed with cutoff luminaires that have
a maximum cutoff angle of 60°. The maximum illumination at any
property line shall be 0.2 footcandle. (See illustration in Appendix
B.[9])
[9]
Editor's Note: Appendix B is included as an attachment to this chapter.
E.
All property lines adjoining a residential use or zoning classification shall be screened by Buffer Area A, as defined by § 27-2103.1 of this chapter.
F.
Off-street parking and loading shall be provided in accordance with the requirements of Part 22 of this chapter.
G.
All materials and equipment shall be stored within a completely enclosed
structure.
H.
No repair of vehicles shall be permitted.
I.
No shipping or receiving shall be permitted within 300 feet of a
property in a residential zoning district between the hours of 6:00
p.m. and 7:00 a.m.
1906.60.
Vehicle Service Station, subject to:
A.
All minor repair work, vehicle washing, waxing, detailing, lubrication
and installation of parts and accessories shall be performed within
an enclosed building.
B.
All car-washing areas shall discharge into public sanitary sewers.
C.
All vehicle parts, dismantled vehicles and similar materials shall
be stored within an enclosed building or totally screened from view
by a solid or privacy fence.
D.
All vehicles awaiting repair shall be stored on the lot in an approved
storage area, and in no case shall said vehicles be stored on or obstruct
access to a public right-of-way.
E.
Canopies over gasoline pumps shall be subject to the requirements
of § 2104.3G of this chapter.
F.
All fuel, oil and similar substances shall be stored at least 25
feet from any property line.
G.
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 27-2602 of this chapter.
1906.61.
Warehousing and Distribution, subject to:
A.
The minimum lot area shall be five acres.
B.
The applicant shall provide the Township Zoning Officer a detailed
description of the proposed use in each of the following topics:
(1)
The nature of the on-site activities and operations, the types
of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations;
(2)
The general scale of operation in terms of its market area,
specific floor space requirements for each activity, the total number
of employees of each shift, and an overall needed site size or area;
and
(3)
Any environmental impacts that are likely to be generated (e.g.,
noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical
disturbance, wastewater, stormwater, solid waste, etc.) and specific
measures employed to mitigate or eliminate any negative impacts. The
applicant shall further furnish evidence that the impacts generated
by the proposed use fall within acceptable levels as regulated by
applicable laws and ordinances.
C.
Retail sales shall not exceed 20% of the gross floor area.
1906.63.
Wholesale Sales in Conjunction with Major or Minor Retail Business,
subject to:
A.
Any site which involves wholesale distribution shall have direct
access to an arterial or collector street, as defined by this chapter.
B.
All materials and equipment shall be stored within a completely enclosed
structure or shall be limited to storage in the rear or side yard
if screened from view from the street or adjacent residential properties
by a six-foot hedge or opaque fence.
C.
No shipping or receiving shall be permitted within 300 feet of property
in a residential zoning district between the hours of 7:00 p.m. and
7:00 a.m.
D.
All shipping and receiving facilities adjoining a residential use or zoning classification shall be screened by Bufferyard B, as defined by § 27-2103.1 of this chapter.
E.
Wholesale sales shall not exceed 25% of the gross sales of the retail
business.
F.
The gross floor area devoted to wholesale warehousing shall not exceed
the gross floor area devoted to the retail business.
G.
The storage or handling of hazardous or potentially hazardous materials
shall not be permitted.
