[Ord. No. 477, 5/11/2021]
1.
Authority. The Board of Supervisors shall hear and decide requests for conditional uses in accordance with the provisions of this chapter and the procedures, regulations, and standards and criteria of this Part 6.
2.
Relationship to Township SALDO.[1] All provisions of the SALDO which are not specifically
modified by the Board of Supervisors in approving a conditional use
shall apply to any conditional use involving subdivision or land development.
3.
The applicant shall submit an application for approval of a conditional use to the Zoning Officer or designated staff person at least 28 working days prior to the Planning Commission meeting. The application shall indicate the section of this Part 6 under which the conditional use is sought and shall state the grounds upon which it is requested.
[Amended by Ord. No. 483, 7/13/2021]
4.
Application Content. An application for development for approval
of a conditional use shall include the following:
A.
One original application form completed by the applicant. If the
developer is other than the landowner, the landowner's authorization
of the developer to apply and nature of the developer's interest in
the site shall accompany application.
B.
Fourteen copies of the application form, provided by the Township
and completed by the applicant.
[Amended by Ord. No. 483, 7/13/2021]
C.
Three paper copies of the architectural renderings of all existing
and proposed buildings and building additions, showing all sides of
the building. In addition, all renderings shall be submitted electronically
as .bmp, .jpeg, or .png files on a CD-ROM or flash drive. This requirement
may be waived by the Township for existing buildings when it is demonstrated
that no exterior changes to the building are proposed or when determined
unnecessary by the Township.
D.
Fifteen copies of a conditional use site plan meeting the requirements
for a preliminary plan for land development as set forth in the SALDO[2] and, in addition, demonstrating conformity with all requirements
of this chapter.
[Amended by Ord. No. 483, 7/13/2021]
E.
Three copies of an environmental impact assessment for land developments
of 5,000 square feet of gross floor area of buildings or more.
F.
Application fee and review fees established by ordinance or resolution
of the Board of Supervisors to cover the cost of review.
5.
Determination of Acceptance/Rejection as Incomplete. Within seven
working days after a conditional use application is submitted, the
Township shall certify the conditional use application as substantially
complete and accepted or incomplete and rejected. Within said time,
the Township shall notify the applicant in writing if the conditional
use application is incomplete and rejected, stating the deficiencies
in the application and returning the filing fee. The applicant may
reapply, submitting the fee and missing material at any time.
6.
Approval of Conditional Uses.
A.
The Board of Supervisors shall hear and decide requests for conditional
uses within 45 days after the last hearing before the Board of Supervisors.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefore. Conclusions based on any provisions of
this or any other ordinance contain a reference to the provision relied
on and the reasons why the conclusion is deemed appropriate in the
light of the facts found.
B.
Where the Board of Supervisors fails to render the decision within
the period required by this subsection or fail to commence, conduct,
or complete the required hearing as provided in Section 908(1.2) of
the MPC, 53 P.S. § 10908(1.2), within 60 days from the date
of the applicant's request for a hearing or fails to complete the
hearing no later than 100 days after the completion of the applicant's
case-in-chief, unless extended for good cause upon application to
the Allegheny County Court of Common Pleas, the decision shall be
deemed to have been rendered in favor of the applicant unless the
applicant has agreed, in writing or on the record, to an extension
of time. When a decision has been rendered in favor of the applicant
because of failure of the Board of Supervisors to meet or render a
decision as hereinabove provided, the Board of Supervisors shall give
public notice of the decision within 10 days from the last day it
could have met to render a decision in the same manner as required
by the public notice requirements of this chapter. If the Board of
Supervisors shall fail to provide such notice, the applicant may do
so.
C.
Nothing in this subsection shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction. A copy of the final decision or, where no decision is
called for, the findings shall be delivered to the applicant personally
or mailed to him no later than the day following its date.
D.
Given the requirements of Subsections 6A through C above, the Board of Supervisors shall not evaluate a conditional use application unless and until:
(1)
A written application for conditional use approval is submitted
to the Zoning Officer no less than four weeks or 28 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 Director of Community Development shall determine the completeness
of the application and either accept the applications complete and
properly filed or return the application to the applicant for resubmission
if the application is incomplete and improperly filed. If the application
is returned as incomplete, a written notice which cites the specific
requirements of this chapter which have not been met shall be sent
to the applicant. The application shall include the following:
(a)
A development plan, as defined herein.
(b)
A written statement showing compliance with the applicable express
standards and criteria of this Part 6 for the proposed use.
(c)
A map showing and identifying all lots within 200 feet of the
lot for which conditional use approval is requested and a list of
the names and addresses of the owners of these lots from the most
recent records of the Allegheny County Tax Assessors Office.
(e)
The application fee required by the Township's Fee Schedule.
(2)
A written recommendation is received from the Planning Commission
or 30 days has passed from the date of Planning Commission meeting
at which the application is first considered for approval.
(3)
A public hearing is held by the Board of Supervisors pursuant
to public notice.
(4)
In granting a conditional use, the Board of Supervisors may
attach such reasonable conditions and safeguards in addition to those
expressed in this chapter as it may deem necessary to implement the
purposes of the MPC and this chapter.
7.
Expiration of Conditional Use Approval. Conditional use approval
shall expire automatically without written notice to the applicant
if no application for a grading permit, building permit, or zoning
certificate 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 Supervisors,
in their sole discretion, extends conditional use approval upon written
request of the applicant received prior to its expiration. The maximum
extension permitted shall be between one month to 12 months extension.
Extensions are granted by the Board of Supervisors as an administrative
procedure and are approved by a motion at one of the Board's regularly
scheduled public meetings.
8.
Expiration of Conditional Use Approval Granted Prior to Effective
Date of This Chapter. Conditional use approval granted prior to the
effective date of this chapter shall expire automatically without
written notice to the applicant if no application for a grading permit,
building permit, or zoning certificate to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of the effective date of
this chapter or as specified in the approval, unless the Board of
Supervisors, in their sole discretion, extends conditional use approval
upon written request of the applicant received prior to its expiration.
The maximum extension permitted shall be between one month to 12 months
extension. Extensions are granted by the Board of Supervisors as an
administrative procedure and are approved by a motion at one of the
Board's regularly scheduled public meetings.
9.
Modifications. The Board of Supervisors shall consider proposed modifications
in any of the requirements of this chapter for each zoning district,
contained in an application for development for a conditional use
will make for a more efficient, attractive, and harmonious conditional
use. If such modifications, in the judgment of the Board of Supervisors,
constitute a more beneficial use of the site than provided for under
the requirements of the zoning district in which the site of the conditional
use is located, the Board of Supervisors in their sole discretion
may grant the modifications for less strict requirements; however,
no modification shall be granted for the following:
A.
Authorized uses shall be limited to those specified as authorized
uses or conditional uses in the zoning district in which the site
is located.
C.
Under no circumstances shall a modification be granted to the prohibition
of uses or activities in floodplain areas as set forth in the Township's
Floodplain Management Ordinance.
D.
Whenever a modification is granted to construct a structure below
the 100-year flood elevation, the Township shall notify the developer
in writing that:
F.
Requests in Writing. All requests for modifications or waivers shall
be in writing and shall accompany and be part of the application for
development. The requests shall state in full the grounds and facts
of hardship or evidence of equal or better result on which the request
is based, the provision or provisions of the chapter involved, and
the minimum modification necessary.
[Ord. No. 477, 5/11/2021]
Before approving a conditional use application, the Board of
Supervisors shall determine that the proposed use will not alter the
established character and use of the neighborhood or district in which
it is located, and that it will not substantially impair the use or
development of adjacent properties. The Board of Supervisors shall
use the following general standards, among other things, in its evaluation.
These standards shall be in addition to any other requirements in
this chapter for a specific type of use or development:
1.
The proposed use complies with all applicable provisions and requirements
for that type of use contained in this chapter, unless a variance
to any provision has been granted by the ZHB, and with other applicable
Township, county, commonwealth, and federal ordinances, laws, and
regulations. The proposed use shall obtain applicable permits, licenses,
and approvals from the Township, Allegheny County, Pennsylvania, and
federal agencies before final approval of the conditional use application
shall be granted.
2.
The proposed use is compatible with the surrounding land uses. It
does not have a negative impact on the existing neighborhood or development
in terms of air quality, water quality, noise, illumination, and glare,
restrictions to natural light and air circulation, or other hazardous
conditions that could endanger surrounding residents or impair the
use of surrounding properties.
3.
The proposed site for the conditional use is suitable in terms of
topography and soil conditions and size, based on number of projected
users and the frequency of use of the proposed use.
4.
The proposed use and site provides for safe, adequate vehicular and
pedestrian access. It has access from a street capable of handling
the traffic generated by the proposed use, and it will not result
in undue traffic congestion and hazardous conditions on adjacent streets.
The use provides for safe, efficient internal circulation and sufficient
off-street parking and loading.
5.
The proposed use complies with all applicable standards and requirements
for providing sanitary sewage disposal, water supply, storm drainage,
solid and toxic waste storage and disposal.
6.
The proposed use provides screening or buffer areas as required by
this chapter.
7.
The proposed use/development conforms to the scale, character, and
exterior appearance of existing structures and uses in the neighborhood
in which it is located.
[Ord. No. 477, 5/11/2021]
In addition to the general standards and criteria for conditional uses listed in § 27-602, above, an application for any of the following uses which are listed in any zoning district as a conditional use shall comply with the following applicable standards and criteria.
[Ord. No. 477, 5/11/2021]
An accessory dwelling unit shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The minimum lot size required for a principal dwelling to have an
accessory dwelling unit shall be 20,000 square feet.
2.
The living area of the accessory dwelling unit shall not exceed 25%
of the principal dwelling's total floor area.
3.
A plot plan or survey showing all existing principal and accessory
structures as well as the proposed accessory dwelling unit shall be
provided by the applicant to confirm the lot is in compliance with
the maximum lot coverage requirement of the zoning district in which
the property is located.
4.
Accessory dwelling units are only permitted in conjunction with owner-occupied
properties when the owner occupies one of the dwellings on the lot.
5.
Only one accessory dwelling unit is permitted on a lot.
6.
Accessory dwelling units shall meet all setback, bulk, and area requirements
of the principal use of the lot.
7.
Accessory dwellings shall be located a minimum of eight feet from
the principal structure.
8.
The minimum number of required parking spaces for an accessory dwelling
unit shall be added to the minimum number of required parking spaces
for the principal use (see Table 12).
9.
The accessory dwelling unit may be an apartment above a detached
garage, a manufactured home with a foundation or crawl space, or a
tiny house with screening so as to look permanent in nature.
[Ord. No. 477, 5/11/2021]
Adaptive reuse shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Structures determined to meet the criteria for adaptive reuse may
be reused for the following purposes by conditional use:
A.
Single-family dwellings;
B.
Multifamily dwellings;
C.
Financial institutions;
D.
Clubs or lodges, provided there are no sales of alcohol on the premises;
E.
Day care facilities of all types;
F.
Nursing homes;
G.
Hospitals and medical clinics for humans;
H.
Community centers; and
I.
Other such uses as determined appropriate upon the recommendation
of the Planning Commission and approval of the Board of Supervisors.
2.
Standards for Exterior Alterations. It shall be a condition of this
adaptive reuse that all exterior alterations shall meet standards
for historic preservation if the property contains an historic structure
as defined by this chapter. Properties not required to meet the standards
for historic preservation shall make exterior alterations generally
consistent with the original structure's architecture and the neighborhood
in which it is located.
3.
Parking shall meet the requirements of Part 9 based on the permitted
reuses.
[Ord. No. 477, 5/11/2021]
An adult-oriented business shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
An adult-oriented business shall only be established and operated
in the Heavy Industrial District.
2.
Adult businesses shall not be located within 1,000 feet of any lot
that is zoned residential.
3.
Adult-oriented businesses shall not be located within 500 feet of
the lot boundary of any existing school, day-care center, hospital,
group care facility, personal care boarding home, group home, public
park or playground, place of worship, or an establishment which is
licensed to serve and/or sell alcoholic beverages.
4.
No adult business shall be located within 500 feet of any other existing
or proposed adult-oriented business.
5.
Persons or owners who intend to operate an adult-oriented business shall obtain from the Township a license to operate such an enterprise pursuant to Chapter 13, Part 6, of the Township Code of Ordinances, as amended, and shall pay to the Township an investigation fee as may be set from time to time by resolution of the Board of Supervisors. In addition, such persons or owners shall supply to the Township detailed information regarding the ownership and financing of the proposed business as required on the licensing application as required by Chapter 13, Part 6 of the Township Code of Ordinances, as amended. Applications for licensing can be obtained at the Township Planning Department and shall be filed with the Zoning Officer.
6.
An adult business shall be initially licensed when it has met the requirements set forth in this chapter and Chapter 13, Part 6 of the Township Code of Ordinances, as amended. The license shall be valid through December 31 of the year in which the license is initially issued. For each year thereafter that the business intends to continue, the owner or operator shall seek an annual renewal of the license. The application for renewal shall be submitted to the Zoning Officer by November 1 of the year proceeding the year for which the license renewal is sought. The lack of a license or failure to renew such license in a timely fashion shall be grounds for the Township to deny or revoke an occupancy permit for an adult business.
[Ord. No. 477, 5/11/2021]
An airport shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
The minimum lot size shall be 20 acres.
2.
Additional setbacks of 500 feet are required for side and rear yards.
3.
Ingress, egress, and internal traffic circulation shall be designed
to minimize congestion during peak usage of the facility.
4.
A traffic report shall be submitted with the application for development
which identifies traffic control measures within the site and at the
points of ingress and egress warranted at peak usage of the facility.
The traffic report shall be reviewed and approved by the Township
Traffic Engineer.
5.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
6.
The site shall be serviced by public water and sewer systems.
7.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
8.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
An airport control tower shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
The height of the airport control tower shall not exceed the recommended
height as approved by the FAA.
2.
The required minimum lot size shall be five acres.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
[Ord. No. 477, 5/11/2021]
An ambulance station shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Ingress and egress to and from an ambulance station shall be located
so as to maximize sight distance along adjacent public streets and
enhance safety for vehicles existing the property.
2.
Ambulance stations 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.
[Ord. No. 477, 5/11/2021]
An amphitheater shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
2.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
3.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no direct beam of light, but only
diffuse or reflected light, enters adjoining properties.
4.
The scale, massing, and building design shall be compatible with
the surrounding neighborhood.
5.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
6.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
7.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
An amusement arcade shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Noise levels from amusement devices within an amusement arcade shall
not exceed 50 dBa, measured along the property boundary of the amusement
arcade.
2.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no direct beam of light, but only
diffuse or reflected light, enters adjoining properties.
[Ord. No. 477, 5/11/2021]
An amusement park shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Ingress, egress, and internal traffic circulation shall be designed
to minimize congestion during peak usage of the facility.
2.
A traffic report shall be submitted with the application for development
which identifies traffic control measures within the site and at the
points of ingress and egress warranted at peak usage of the facility.
The traffic study shall be reviewed and approved by the Township Traffic
Engineer.
3.
No direct beams or rays of light from exterior lighting fixtures,
signs, or vehicles maneuvering on the development site shall be permitted
to shine into the private living areas and associated open spaces
of adjacent residential properties.
4.
Access for the development site shall be provided from nonresidential
streets and shall not require the use of any residential collector
or residential local streets.
5.
Noise levels from amusement devices within an amusement park shall
not exceed 50 dBa, measured along the property boundary of the amusement
park.
6.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no direct beam of light, but only
diffuse or reflected light, enters adjoining properties.
[Ord. No. 477, 5/11/2021]
An animal day care shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
No residential use may be established on land designated for use
as an animal day care facility.
2.
The applicant and/or the owner/operator must hold all current and
applicable state and local licenses and permits (including but not
limited to those relating to maximum capacity, minimum space per animal,
enclosure/cage specifications, and noise and odor controls).
3.
The applicant shall provide a manure management plan to show that
adequate provisions are being implemented to collect, store, and dispose
of the animal waste associated with the proposed facility. The containers
to be used in the process shall be kept covered and shall be cleaned
on a regular basis to avoid the potential for detectable odors.
4.
All animal waste shall be properly stored and disposed of, so as
not to be objectionable at the site's property line.
5.
Any exterior fenced in area wherein animals exercise or are otherwise
exposed must be located a minimum of 50 feet from any adjoining lot
line.
6.
The perimeter of any outdoor runs or exercise areas must be fenced
in with weatherproof material, a minimum of six feet in height, and
accessible only through a self-latching gate or a manual latch with
a locking pin.
7.
The portion of the building or structure used to house animals (including
any portions that are below grade) shall be equipped with code-approved,
nontoxic noise dampening material or acoustic tile to minimize noise
impact on adjacent uses or properties.
[Ord. No. 477, 5/11/2021]
An animal grooming facility shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The applicant shall provide a manure management plan to show that
adequate provisions are being implemented to collect, store, and dispose
of the animal waste associated with the proposed facility. The containers
to be used in the process shall be kept covered and shall be cleaned
on a regular basis to avoid the potential for detectable odors.
2.
All animal waste shall be properly stored and disposed of, so as
not to be objectionable at the site's property line.
[Ord. No. 477, 5/11/2021]
Animal hospital and veterinarian services shall be a permitted
conditional use subject to the following express minimum standards
and criteria:
1.
The applicant shall provide a manure management plan to show that
adequate provisions are being implemented to collect, store, and dispose
of the animal waste associated with the proposed facility. The containers
to be used in the process shall be kept covered and shall be cleaned
on a regular basis to avoid the potential for detectable odors.
2.
All animal waste shall be properly stored and disposed of, so as
not to be objectionable at the site's property line.
[Ord. No. 477, 5/11/2021]
An aquarium/zoo shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The minimum lot size shall be 10 acres.
2.
The minimum side setback shall be 100 feet, the minimum rear setback
shall be 150 feet, and the minimum front setback shall be 50 feet.
3.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
4.
Dropoff areas may be located in the front yard but shall maintain
character and appearance consistent with the area.
5.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhood.
6.
Such uses shall be located on an arterial or collector street or
have direct access to an arterial or collector street to minimize
impacts on local streets and residential neighborhoods.
7.
All access drives shall be located as far as practicable from an
existing intersection in order to maximize traffic safety and minimize
congestion and constricted turning movements.
8.
The scale, massing, and building design shall be compatible with
the surrounding neighborhood.
[Ord. No. 477, 5/11/2021]
An asphalt/concrete plant shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
If materials are to be stored, they shall be screened sufficiently
from adjacent properties and the public ROW.
2.
All batch plants (permanent or temporary) shall have an effective
dust collection system approved by the Township.
3.
The Board of Supervisors requires the use of wheel washers or another
means of cleaning trucks/vehicles before entering public streets.
4.
Batch plants shall have an approved sediment pond before washout
water is discharged into any waterway.
5.
The Board of Supervisors may impose restrictions on access to the
facility, storage of vehicles or materials on the premises, hours
of operation and other such matters as they deem necessary to ensure
that there is no adverse impact upon the functioning of the district
or adjacent parcels.
6.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties.
[Ord. No. 477, 5/11/2021]
An auditorium shall be a permitted conditional use subject to
the following express minimum standards and criteria:
1.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
2.
The use shall have one direct point of vehicular access from an arterial
or collector street. The point of vehicular access shall be located
in a manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
3.
For parking demands greater than 300 automobiles, additional setbacks,
screening, and buffering of off-street parking and loading areas may
be required to be provided in order to protect the surrounding neighborhood
from inappropriate noise, dust, light, and other disturbances.
4.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
5.
The site shall be serviced by public water and sewer systems.
6.
The owner and operator of the facility shall be responsible for the
conduct and safety of the employees, visitors, and guests and shall
be available to respond to inquiries and promptly resolve any issues
caused by employees, visitors, and guests.
7.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
8.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A bank/financial institution shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete, or stone block paving material
to protect the surrounding neighborhood and/or land uses from inappropriate
dust and disturbance.
2.
Bufferyards shall be provided and maintained along the front, rear, and side yards in accordance with Bufferyard B, as defined in § 27-306 of this chapter.
3.
Paved off-street stacking spaces shall be arranged in an orderly
fashion so as to not cause blockage of any means of ingress or egress
and to ensure that the traffic flow on public ROWs is not endangered
in any way. A separate means of ingress shall be established and clearly
marked as shall a separate means of egress from the bank.
4.
A bank/financial institution with a drive-through must also meet
the criteria for "drive through facilities" as defined in this Part
6.
[Ord. No. 477, 5/11/2021]
A bed-and-breakfast inn shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
The operator of the bed-and-breakfast must be the owner of the business
and shall reside on the premises.
2.
Meals shall only be served to overnight guests of the bed-and-breakfast.
3.
Guests shall be limited to a maximum length of stay of 14 consecutive
days in any thirty-day period.
4.
No more than five guest sleeping rooms shall be available and/or
utilized at any one time for the transient guests. Each guest room
may provide lodging for up to two individuals, unless children under
the age of 16 years are accompanying the guest. In no instance shall
the total number of guests in the bed-and-breakfast exceed fourteen
people.
5.
No part of the facility shall be rented for social or business functions.
6.
There shall be only one lodging house located on the lot.
7.
The lot shall meet all area and bulk regulations of the district
in which it is located.
8.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of Part 8 of this chapter.
10.
Not more than one identification sign shall be permitted. The identification sign must conform to Part 10 of this chapter.
11.
All required parking spaces shall be provided on the lot and shall
not be located in the front yard. There shall be one space provided
for each room and one space provided for each permanent resident.
12.
The driveway entrance and all parking areas shall be constructed
of well-compacted stone or better and approved by the Township Engineer.
13.
The conditional use of a bed-and-breakfast expressly excludes alternative
housing for criminal offenders, drug or alcohol rehabilitation, halfway
house, and similar uses.
[Ord. No. 477, 5/11/2021]
Billboards shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
Location.
A.
Billboards shall not be erected within 500 feet of the boundary line
of any residential zoning district or within 500 feet of any public
or private school, place of worship, or cemetery, said 500 feet being
measured along the radius of a circle from the center-most point of
the billboard structure extending in all directions.
B.
On limited access highways, billboards shall not be erected within
500 feet of an interchange.
C.
Billboards shall maintain a lateral minimum spacing between any existing
or proposed billboard structures of 1,000 feet. Required spacing shall
be measured along both sides of the same roadway frontage from the
center-most point of the billboard structure along a line extending
from the center-most point of the billboard that is parallel to the
center line of the roadway to which the billboard is oriented.
D.
The minimum front, side, and rear yard requirements applying to a
principal structure as set forth within the zoning district in which
the billboard is to be located shall apply to each billboard structure.
E.
No billboard shall be erected in such a manner as to block the view from the road or street, of any existing business identification sign, residential or nonresidential structure, or limit or reduce the light and ventilation requirements under the Township Building Code (Chapter 5, Code Enforcement).
F.
No billboard shall be constructed within the clear sight triangle
of the public street or road on which it is situated and shall not
in any case obstruct or impede traffic safety.
G.
No sign shall be erected over any sidewalk or public ROW.
H.
Billboards shall not be part of a roof or wall nor shall they be
mounted on the roof, wall, or other part of a building or any other
structure.
2.
Size and Height. A billboard shall have a maximum allowable gross
surface area of 300 square feet per sign face. This gross surface
area shall be permitted, provided all of the following additional
requirements are met:
A.
A billboard shall have no more than two sign faces per billboard
structure which may be placed back to back or in a V-shaped configuration
having an interior angle of 90° or less.
B.
The dimensions of the gross surface area of the billboard's sign
face shall not exceed 20 feet in total height or 25 feet in total
length, provided the total allowable gross surface area for the sign
face is not exceeded.
C.
A billboard structure shall have a maximum height of 40 feet above
the curb of the roadway from which it is intended to be viewed.
3.
Construction Methods. Billboards shall be constructed in accordance with applicable provisions of the Township Building Code (Chapter 5, Code Enforcement) and shall meet all of the following additional requirements:
A.
The entire base of the billboard structure parallel to the sign face
shall be permanently landscaped with suitable shrubbery and/or ornamental
grasses of a minimum height of three feet. The shrubbery and/or ornamental
grasses shall be placed in such manner as to screen the foundation
of the structure.
4.
Required landscaping, as defined in Part 3 of this chapter, shall be maintained by the billboard structure owner in an attractive and healthy manner in accordance with the Township's accepted best management and conservation practices.
5.
Lighting. A billboard with display lighting shall be constructed
so that it does not glare upon an adjoining lot and shall not exceed
a maximum of one footcandle upon the adjoining lot.
A.
Display lighting shall not operate between 12:00 midnight and 5:00
a.m., prevailing local time.
B.
No display lighting shall cause distractions, confusion, nuisance,
or hazard to traffic, aircraft, or other lots.
C.
The use of colored lighting shall not be permitted.
D.
Electronic digital displays shall be permitted and shall meet the
following requirements:
(1)
Such signs shall utilize LED displays;
(2)
LED displays shall be one color: red, amber, or green;
(3)
LED arrays shall be designed such that if a group of LEDs go
out, the correct wording will continue to be legible;
(4)
LED displays shall show static display only, flashing or moving
is prohibited;
(5)
LED light intensity shall be controlled automatically to dim
or brighten in response to the changing ambient light conditions;
(6)
Billboards shall be equipped with LED light intensity limit
via manual control;
(7)
LED displays shall have a maximum brightness of 4,000 nits at
maximum brightness level; and
(8)
LED displays shall not exceed 24 square feet in area.
6.
Appearance. No billboard structure, sign face, or display lighting
shall cause distractions, confusion, nuisance, or hazards to traffic,
aircraft, or other lots.
A.
No sign face image shall contain parts that move, scroll, flash,
glitter, or emit noise.
B.
A sign face that rotates to display two or three separate sign face
images shall be permitted, provided that each image is displayed for
at least 30 consecutive seconds every time it is shown.
C.
A maximum of 75 square feet of a sign face may be used to display
a changeable copy sign. Lettering and other images on the changeable
copy sign shall be displayed for at least 30 consecutive seconds every
time it is shown.
7.
Maintenance.
A.
A billboard structure shall be entirely painted every three years,
unless constructed of an approved corrosive-resistant material.
B.
Every 10 years, the owner of the billboard structure shall have a
structural inspection made of the billboard by a registered engineer
and shall provide to the Township a certificate from the engineer
certifying that the billboard is structurally sound.
C.
The Township reserves the right to perform annual inspections of
the billboard to determine compliance with this chapter.
D.
Billboards found to be in violation of this chapter shall be brought
into compliance or removed within 30 days upon proper notification
by the Township.
E.
Billboards using removable paper or other materials shall be maintained
in such condition as to eliminate loose or frayed material protruding
or hanging from the structure. All loose paper and other waste materials
shall be removed and disposed of properly within 14 days from when
fraying begins.
8.
Liability Insurance. In submitting a sign permit application to erect
a billboard, the applicant shall provide a certificate of insurance
for public liability and lot damage which holds the Township harmless.
The amount of insurance to be maintained shall be determined and adjusted
from time to time by resolution of the Board of Supervisors. The insurance
certificate shall contain a clause stating that the insurance shall
not be cancelled or reduced without first giving 10 days' notice to
the Township.
9.
Permits.
A.
Prior to submission of an application for a sign permit, the applicant
for a billboard shall obtain and submit with the application, approvals
from the County of Allegheny, the FAA, and/or PennDOT, when applicable.
B.
Approval of the conditional use shall be valid for six months from
the date of action by the Board of Supervisors granting the conditional
use. If the applicant fails to obtain a sign permit for the approved
billboard within the six-month period, approval of the conditional
use shall expire automatically, without written notice to the applicant.
10.
Application Fees. Said billboard application shall be accompanied
by an application fee in an amount equal to that set from time to
time by resolution of the Board of Supervisors.
11.
Nonconforming Billboards.
A.
Any billboard that does not conform to all the requirements of this
section shall not be enlarged or moved.
B.
Any billboard that is damaged or destroyed by more than 51% of its
replacement value at the time of damage or destruction shall be reconstructed
only in compliance with all provisions of this section.
[Ord. No. 477, 5/11/2021]
A boarding house shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Public ingress and egress to the boarding house shall be through
one common exterior entrance. Ingress and egress for boarders shall
be through common exterior entrances.
2.
Entry access to all boarding sleeping rooms shall be through the
interior of the building. No exit doors from individual boarding sleeping
rooms shall lead directly to the exterior of the building.
3.
All required parking shall be located in the rear yard of the lot
and screened from surrounding parcels.
[Ord. No. 477, 5/11/2021; as amended by Ord. No.
513, 11/14/2023]
A brewery shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m.
prevailing time, and the establishment may not be open to the public
during those hours.
2.
Operations shall be regulated so that nuisances such as excessive
noise levels shall not be created. Noise levels are subject to the
Township's Noise Ordinance as well as the PA Liquor Control Board's
rules and regulations regarding live music.
3.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
4.
The primary loading area shall be located in a manner that minimizes
detrimental traffic impacts (both pedestrian and vehicular) on the
surrounding neighborhood and subject property.
5.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
6.
No outdoor loading or service areas, including dumpsters, shall be
located within the side or rear yard setback areas.
7.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
8.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
9.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A bus or truck maintenance facility shall be a permitted conditional
use subject to the following express minimum standards and criteria:
[Ord. No. 477, 5/11/2021]
A public or private campground shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The minimum lot area of a campground, whether public or private,
shall be 20 acres.
2.
All campgrounds shall have direct vehicular access to an arterial
or collector street.
3.
All campsites shall be located at least 200 feet from any adjoining
residence and at least 100 feet from any other lot line or public
ROW as defined by this chapter.
4.
All campsites shall have a suitable source of potable water and sanitary
sewer disposal as determined by the Township Engineer.
5.
No campground shall contain more than 200 individual campsites.
6.
Side and rear bufferyards shall each be a minimum of 25 feet in width
and shall be planted with a combination of deciduous and evergreen
trees, shrubs, ornamental grasses, and ground covers. Grass, sod,
lawn, or turf shall not be considered an acceptable plant for use
within landscaped bufferyards.
7.
The owner(s) and operator(s) of the campground shall incorporate
best management practices as outlined in the Pennsylvania Handbook
of Best Management Practices to minimize negative impacts of erosion,
siltation and surface water and groundwater contamination.
8.
The campground hours for visitors shall be limited to between 8:00
a.m. and 10:00 p.m. No deliveries or operations shall be permitted
prior to 6:00 a.m. or after 9:00 p.m. Outdoor entertainment or related
activities shall be limited to between 8:00 a.m. and 9:00 p.m.
9.
All outdoor storage areas, loading areas, and dumpsters or waste
collection areas shall be screened. Screens shall be a minimum of
eight feet in height and shall be constructed as fences or walls with
a minimum height of eight feet and a minimum opacity of 80%.
10.
Visitor parking shall be provided at one space for every three camping
sites.
11.
The Board of Supervisors may impose restrictions upon access to the
facility, storage of vehicles or materials on the premises, hours
of operation and other such matters as they deem necessary to ensure
that there is no adverse impact on the functioning of the zoning district
or adjacent parcels.
[Ord. No. 477, 5/11/2021]
A car wash shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
2.
The definition of a car wash does not include a one-bay washing facility
in a service station where washing facilities are purely incidental
to the operation.
3.
A car wash shall provide a minimum of five stacking spaces per washing
bay.
4.
Paved off-street stacking spaces shall be arranged in an orderly
fashion so as not to cause blockage of any means of ingress or egress
and to ensure that the traffic flow on a public ROW is not endangered
in any way. A separate means of ingress shall be established and clearly
marked, as shall be a separate means of egress from the car wash.
It shall be the responsibility of the owner to avoid any congestion
in the public ROW by directing traffic away from the facility by posting
a "temporarily closed" sign or other means of notification. Traffic
studies and associated improvements may be required by the Township
as a condition of approval.
5.
The car wash shall have direct access to an arterial or collector
road as defined by this chapter or shall have a point of ingress/egress
from a public or private street within the lot of a shopping center.
The road shall have sufficient capacity to handle traffic generated
by the facility.
6.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of Part 8 of this chapter.
7.
All equipment related to the operation of the car wash shall be properly
screened to minimize nuisances to adjoining lots.
8.
A car wash that adjoins an existing nonresidential lot shall provide Bufferyard B. The bufferyard shall be planted within a combination of deciduous and evergreen trees, shrubs, ornamental grasses, or ground covers as defined by § 27-306 of this chapter. Grass, sod, or turf shall not be considered an acceptable plant for use within landscaped bufferyards.
[Ord. No. 477, 5/11/2021]
Care facilities and senior housing shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
Lot Size. Care facilities and senior housing must be located on a
minimum of 10 acres.
2.
When located in a residential zoning district, all care facilities
or senior housing must comply with the density of development limits
of the underlying district.
3.
When located in a nonresidential zoning district, all care facilities
or senior housing must comply with the density of development limits
of the underlying district.
4.
The facility shall be duly licensed by the commonwealth and shall
operate in accordance with the regulations of the licensing agency.
5.
The facility shall provide on-site all required off-street parking
and loading spaces.
6.
The facility shall be serviced by public water and public sewer systems.
8.
Ingress, egress, and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
9.
The parking and circulation plan shall be referred to the appropriate
Fire Department for comments regarding traffic safety and emergency
access.
10.
Ambulance, delivery, and service areas shall be obscured from the
view of adjacent residential properties by fencing, screening, or
planting as approved by the Township.
11.
The developer must record a covenant that runs in perpetuity that
prohibits the property from being used for any other purposes than
senior housing. Proof of said recording must be provided to the Township
prior to issuance of any permits for the development.
[Ord. No. 477, 5/11/2021]
A catering/event venue shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
2.
The site shall have direct vehicular access from an arterial or collector
street.
3.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
4.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
5.
The scale, massing, and building design shall be compatible with
the surrounding neighborhood.
6.
No outdoor loading or service areas, including dumpsters, shall be
located within the side or rear yard setback areas.
7.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
8.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
9.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Added by Ord. No. 513, 11/14/2023]
Catering (kitchen/food preparation only) shall be a permitted
conditional use subject to the following express minimum standards
and criteria:
1.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
2.
The primary loading area shall be located in a manner that minimizes
detrimental traffic impacts (both pedestrian and vehicular) on the
surrounding neighborhood and subject property.
3.
No outdoor loading or service areas, including dumpsters, shall be
located within the side or rear yard setback areas.
4.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
5.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
6.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A cemetery or mausoleum shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
Expansion and/or establishment of cemeteries must be in conjunction
with and adjacent to existing cemeteries or religious facilities.
2.
Adequately funded programs and provisions which meet the approval
of the Township Solicitor shall be provided to guarantee perpetual
care of all cemetery grounds. This provision shall apply to existing
cemeteries for which expansions are proposed.
3.
All garages, equipment shelters, offices, and similar structures
shall be screened from adjacent streets and residential properties
by appropriate planting or fences approved by the Board of Supervisors
on the basis of design, aesthetic quality, and general adequacy.
4.
All equipment shall be properly stored when not in use.
[Ord. No. 477, 5/11/2021]
A club or lodge shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m.
prevailing time, and the establishment may not be open to the public
during those hours.
2.
Clubs or lodges shall not be closer than 600 feet to another similar
existing use.
3.
Operations shall be regulated so that nuisances such as excessive
noise levels shall not be created. The Board of Supervisors may attach
other such reasonable conditions as it deems necessary to ensure the
operation complies with this requirement.
[Ord. No. 477, 5/11/2021]
A college or university shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
The minimum lot size shall be five acres.
2.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete, or stone block paving material
to protect the surrounding neighborhood and/or land uses from inappropriate
dust and disturbance.
3.
Bufferyards shall be provided and maintained along the front, rear, and side yards in accordance with Bufferyard B as defined in § 27-306.
4.
A college or university shall have frontage on and direct vehicular
access to an arterial or collector street. A college/university shall
have a maximum of one vehicular access point to an arterial or collector
street per 1,000 feet of street frontage.
5.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
6.
Outdoor storage shall be limited to specifically delineated areas
that are approved as part of the conditional use approval.
7.
For parking demands greater than 300 automobiles, additional setbacks,
screening, and buffering of off-street parking and loading areas may
be required to be provided in order to protect the surrounding neighborhood
from inappropriate noise, dust, light, and other disturbances.
8.
Loading areas shall not be visible from the primary entrance to the
development or from neighboring residential properties.
9.
A traffic impact study is required and shall be reviewed and approved
by the Township Traffic Engineer.
10.
The site shall be serviced by public water and public sewer systems.
11.
The owner and operator of the college/university shall be responsible
for the conduct and safety of the students, employees, visitors, faculty,
and guests and shall be available to respond to inquiries and promptly
resolve any issues caused by students, employees, visitors, faculty,
and guests.
[Ord. No. 477, 5/11/2021]
Commercial motor vehicle repair shall be a permitted conditional
use subject to the following express minimum standards and criteria:
[Ord. No. 477, 5/11/2021]
A community center shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The community center building shall be located within 100 feet of
the property boundary of the principal use location of the organization
that runs the community center.
2.
The community center structure(s) shall not exceed 3,000 square feet.
3.
No noise, music, or other outdoor activity shall be conducted between
the hours of 11:00 p.m. and 8:00 a.m.
[Ord. No. 477, 5/11/2021]
A construction related business shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
All supplies and equipment shall be stored within a completely enclosed
building.
2.
Exterior display and sales of building materials and/or equipment
associated with the permitted principal use shall require an approval
of a supply yard as an accessory use.
3.
Exterior storage of building materials and/or equipment associated
with the permitted principal use shall require an approval of a storage
yard as an accessory use.
4.
The use shall be accessed directly from an arterial or collector
street.
[Ord. No. 477, 5/11/2021]
A convenience store shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhood.
2.
Building and parking setbacks shall be consistent with the existing
building and parking setbacks of adjoining lots.
4.
A convenience store shall have one point of ingress/egress to an
arterial road as defined by this chapter.
5.
A convenience store located within a Mixed-Use District shall not
exceed a total of 3,000 square feet in gross floor area.
6.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
7.
A traffic impact study shall be required to be submitted where the
proposed development, according to the Institute of Transportation
Engineers (ITE) standards, will generate 100 trips in addition to
the adjacent roadways' peak hour volumes. A description of future
levels of service (LOS) and their compliance with standards for traffic
capacity of streets, intersections and driveways shall be provided.
New streets shall be designed for adequate traffic capacity. All reference
to LOS shall be defined by the Highway Capacity Manual, published
by Transportation Research Board. These standards may be waived by
the Township if sufficient evidence is provided that the criteria
cannot be met with reasonable mitigation.
[Ord. No. 477, 5/11/2021]
A correctional facility shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
All applicable county, state, and federal permits shall be applied
for prior to issuance of Township permits. Documentation of application
shall be made a part of the conditional use application.
2.
Lighting shall be required throughout the property for safety purposes.
Such lighting shall be oriented away from adjacent properties and
shall not exceed two footcandles of illumination at the property boundary
line.
3.
All structures shall be a minimum of 150 feet from all property lines.
4.
Access shall be from the collector street only.
5.
An evacuation plan shall be submitted for review and approval by
the Board of Supervisors and/or Township Emergency Management Coordinator.
[Ord. No. 477, 5/11/2021]
A day care, adult, shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The facility shall be registered with or licensed by the Commonwealth.
Proof of this valid license shall be provided to the Township prior
to the Township's issuance of a zoning occupancy permit for the use.
2.
There shall be provided an adequate area for safe dropoff and pickup.
Areas for dropoff and pickup shall be safe for vehicle traffic and
typically be separated from normal vehicle traffic and shall not cause
traffic congestion or unsafe traffic circulation either on site or
on the adjacent public streets.
3.
These provisions do not apply to home-based day cares which are classified
as an accessory use.
[Ord. No. 477, 5/11/2021]
A day care, child, shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The facility shall be licensed as such by the Commonwealth of Pennsylvania.
Proof of this valid license shall be provided to the Township prior
to the Township's issuance of a zoning occupancy permit for the use.
2.
Ingress and egress to the site shall be designed to ensure the safe
dropping off and pickup of children. All dropoff locations shall be
designed so as to not interfere with the free flow of traffic on adjacent
streets.
3.
Outdoor play areas shall be provided which shall have a minimum area
of 65 square feet per child and shall be secured by a fence, at least
four feet in height, with a self-latching gate. The location of the
outdoor play area shall take into account the relationship to adjoining
properties.
4.
Interior space shall be provided as per the regulations of the Pennsylvania
Department of Welfare. In addition, other lot and area requirements
within the zoning district in which the day care is proposed shall
apply.
5.
Depending on traffic and/or adjoining use of the premises, a fence
with approved height and strength by the Township may be required
along the lot's perimeter for the protection of those using the day
care.
[Ord. No. 477, 5/11/2021]
A day care home shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Exterior open space shall be provided, being usable and accessible
only for the children at a minimum ratio of 65 square feet per child.
Interior space shall be provided as per the regulations of the Pennsylvania
Department of Welfare. In addition, other lot and area requirements
within the zoning district in which the day care is proposed shall
apply.
2.
Off-street parking spaces required for day care homes shall be one
for each 300 square feet of gross floor area with a minimum of four
spaces.
3.
Depending on traffic and/or adjoining use of the premises, a fence
with approved height and strength by the Township may be required
along the lot's perimeter for the protection of those using the day
care home.
4.
All dropoff locations shall not interfere with the free flow of traffic
on adjacent streets.
[Ord. No. 477, 5/11/2021; as amended by Ord. No.
513, 11/14/2023]
A distillery shall be a permitted conditional use subject to
the following express standards and criteria:
1.
Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m.
prevailing time, and the establishment may not be open to the public
during those hours.
2.
Operations shall be regulated so that nuisances such as excessive
noise levels shall not be created. Noise levels are subject to the
Township's Noise Ordinance as well as the PA Liquor Control Board's
rules and regulations regarding live music.
3.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
4.
The primary loading area shall be located in a manner that minimizes
detrimental traffic impacts (both pedestrian and vehicular) on the
surrounding neighborhood and subject property.
5.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
6.
No outdoor loading or service areas, including dumpsters, shall be
located within the side or rear yard setback areas.
7.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
8.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
9.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A dormitory shall be a permitted conditional use subject to
the following express minimum standards and criteria:
1.
Residents shall be limited to students enrolled at the sponsoring
associated institution.
2.
The service of meals, if provided, shall be limited to faculty, staff,
enrolled students, and authorized visitors only.
3.
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete, or stone block paving material.
4.
A twenty-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
The fire/emergency access route shall be constructed, at a minimum,
of stabilized turf grass.
5.
Means of building ingress and egress shall meet requirements as outlined in the Township Building Code (Chapter 5, Code Enforcement).
6.
The primary entrance to the dormitory shall be from a private street
within the campus of the associated institution.
[Ord. No. 477, 5/11/2021]
A drive-through facility shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
Each window, bay, or area designed for drive-through service shall
provide five reservoir vehicle stacking spaces per window, bay, or
area; such space shall not encroach into any other required aisles
or spaces.
2.
Drive-through lanes shall be located to the rear of buildings unless
the Board of Supervisors determines that drive-through lanes located
on the side of the building will have less impact on adjacent uses
and vehicular and pedestrian circulation and safety.
3.
The drive-through shall be screened from view by landscaping, grading
treatments, architectural features, or a combination of the above.
4.
A drive-through shall be located so that it does not conflict with
pedestrian or vehicular movement.
5.
Drive-through lanes shall be distinctly marked by traffic islands
at a minimum of five feet in width. A separate circulation drive shall
be provided for passage around and escape from the outermost drive-through
service lane. The Board of Supervisors may consider alternative designs
when it is demonstrated that the drive-through is screened from view
and that traffic and pedestrian circulation is improved.
6.
A drive-through shall have no more than two service lanes and a passage
around and escape from the outermost drive-through service lane, except
that a financial institution may have a maximum of three service lanes.
7.
A traffic study shall be required and shall be reviewed and approved
by the Township Traffic Engineer.
[Ord. No. 477, 5/11/2021]
1.
Apartment, Garden. A garden apartment shall be a permitted conditional
use subject to the following express minimum standards and criteria:
A.
Parking spaces shall be located no more than 300 feet from the apartment's
primary entrance.
B.
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete, or stone block paving material.
C.
The means of a building's ingress and egress shall meet requirements
as outlined in the Township's Building Code.
D.
A twenty-four-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
E.
The maximum number of units per building shall not exceed 24 units
in the MU and B-1 Districts.
F.
All dumpsters and/or waste collection areas shall be located at least
50 feet from nearest residential unit and shall be enclosed by solid
masonry screen walls on a minimum of three sides.
G.
The primary vehicular entrance to a garden apartment development
shall, at a minimum, have direct access to a collector road.
H.
Maximum height of lighting for outdoor parking areas and roadways
shall be 25 feet.
I.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
J.
Bufferyards between a garden apartment development and any other
adjacent residential lot shall be increased by 10 feet in addition
to the Township's required bufferyard width. Landscaping, within this
additional width, shall be provided according to spacing, quantity,
and type of plants specified by the Planning Commission.
K.
Slopes shall be graded at a maximum of a three-foot horizontal to
one-foot vertical ratio.
L.
If the parking area for a garden apartment development is adjacent
to a single-family residential lot and demands greater than 10 automobiles,
the following shall apply:
(1)
An additional ten-foot bufferyard with one of the following
shall be provided along the parking lot's perimeter to minimize the
impact of inappropriate noise, dust, light, and other disturbances
on adjacent residential lots:
(a)
One-and-one-half times the required number of plants for screening
and buffering off-street parking and loading areas.
(b)
A mound, a minimum of 3.5 feet in height at its peak shall be
constructed whereas the sides do not exceed a four-foot horizontal
to one foot vertical change in elevation. The mound shall be landscaped
in its entirely with plants that provide four seasons of interest
but shall not include turf grass. The landowner and/or developer shall
coordinate site drainage so that site development and grading do not
create any adverse effects on adjacent lots.
2.
Apartment, High-Rise. A high-rise apartment shall be a permitted
conditional use subject to the following express minimum standards
and criteria:
A.
Parking spaces shall be located no more than 300 feet from the high-rise
apartment's primary entrance.
B.
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete, or stone block paving material.
C.
The means of a building's ingress and egress shall meet requirements
as outlined in the Township's Building Code.
D.
A twenty-four-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
E.
All dumpsters and/or waste collection areas shall be located on the
interior of the high-rise apartment structure.
F.
The primary vehicular entrance to a high-rise apartment development
shall, at a minimum, have direct access to a collector road.
G.
Maximum height of lighting for outdoor parking areas and roadways
shall be 25 feet.
H.
As a part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination, when
measured at a lot line, shall be a maximum of one footcandle.
I.
Bufferyards between apartment development and any other adjacent
residential lot shall be increased by 10 feet in addition to the Township's
required bufferyard width. Landscaping, within this additional width,
shall be provided according to spacing, quantity and type of plants
specified by the Planning Commission.
J.
Slopes shall be graded at a maximum of a three-foot horizontal to
one-foot vertical ratio.
K.
If the parking area for a high-rise apartment development is adjacent
to a single-family residential lot and demands greater than 10 automobiles,
the following shall apply:
(1)
An additional ten-foot bufferyard with one of the following
shall be provided along the parking lot's perimeter to minimize the
impact of inappropriate noise, dust, light, and other disturbances
on adjacent residential lots.
(2)
One-and-one-half times the required number of plants for screening
and buffering off-street parking and loading areas.
(3)
A mound, a minimum of 3.5 feet in height at its peak, shall
be constructed whereas the sides do not exceed a four-foot horizontal
to one-foot vertical change in elevation. The mound shall be landscaped
in its entirety with plants that provide four seasons of interest,
not including turf grass. The landowner and/or developer shall coordinate
site drainage so that site development and grading do not create any
adverse effects on adjacent lots.
3.
Conversion Dwelling Units. A conversion dwelling unit shall be a
permitted conditional use subject to the following express minimum
standards and criteria:
A.
Each dwelling unit shall contain a minimum of 800 square feet of
gross floor area.
B.
Each dwelling unit shall have separate living, sleeping, kitchen,
and sanitary facilities.
C.
The proposed conversion dwelling shall meet the minimum lot and area
requirements for similar dwelling types authorized within the district
in which it is located.
D.
Each dwelling unit shall have a separate entrance, either directly
from the outside or from a common corridor inside the structure.
E.
Conversion of detached garages or other accessory structures to dwelling
units shall not be considered conversion dwellings and shall not be
permitted.
F.
The paving and design of the off-street parking spaces shall be in
compliance with the requirements of Part 9. Off-street parking areas
for more than three vehicles shall be screened.
G.
Conversion dwellings shall provide continuity in architectural design
and shall incorporate any proposed construction into the existing
structural features.
4.
Multifamily Dwelling. A multifamily dwelling shall be a permitted
conditional use subject to the following express minimum standards
and criteria:
5.
Quadruplex. A quadruplex shall be a permitted conditional use subject
to the following express minimum standards and criteria:
6.
Single-Family Dwellings. A single-family dwelling shall be a permitted
conditional use subject to the following express minimum standards
and criteria:
A.
The minimum lot area of each lot on which a single-family dwelling
is constructed in the B-1 District shall be 21,780 square feet, or
half an acre.
B.
All open space associated with the development of single-family dwellings
within residential subdivisions or plans shall be accessible to the
public. Open space areas on parcels that are not part of larger subdivision
plans where only one single-family dwelling is to be built do not
need to be accessible to the public.
7.
Tiny House. A tiny house shall be a permitted conditional use subject
to the following express minimums standards and criteria.
8.
Townhome. A townhome shall be a permitted conditional use subject
to the following express minimum standards and criteria:
A.
Parking spaces shall be located no more than 300 feet from the townhome's
primary entrance.
B.
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete, or stone block paving material.
C.
The primary vehicular entrance to the townhomes shall, at a minimum,
have access to a collector road.
D.
Maximum height of lighting for outdoor parking areas and roadways
shall be 25 feet.
E.
As a part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination, when
measured at a lot line, shall be a maximum of one footcandle.
[Ord. No. 477, 5/11/2021]
An educational institution shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The use shall have one direct point of vehicular access from an arterial
or collector street. The point of vehicular access shall be located
in a manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
2.
For parking demands greater than 300 automobiles, additional setbacks,
screening, and buffering of off-street parking and loading areas may
be required to be provided in order to protect the surrounding neighborhood
from inappropriate noise, dust, light, and other disturbances.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
4.
The site shall be serviced by public water and sewer systems.
5.
The owner and operator of the facility shall be responsible for the
conduct and safety of the students, employees, visitors, and guests
and shall be available to respond to inquiries and promptly resolve
any issues caused by students, employees, visitors, and guests.
6.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
7.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A farmer's market shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete, or stone block paving material
to protect the surrounding neighborhood from inappropriate dust and
other disturbances.
2.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. As part of its decision, the Board of Supervisors may further
regulate outdoor lighting for the facility in order to prevent adverse
impacts on adjoining properties.
3.
Vehicular and pedestrian access to the proposed use shall be designed
and provided to maximize pedestrian and vehicle safety.
4.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A fire station shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Ingress and egress to and from a fire station shall be located so
as to maximize sight distance along adjacent public streets and enhance
safety for vehicles exiting the property.
2.
Fire stations 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.
3.
Lighting shall be oriented away from adjacent properties so as to
minimize light pollution onto adjacent properties.
[Ord. No. 477, 5/11/2021]
A fitness center shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
2.
The scale, massing, and building design shall be compatible with
the surrounding neighborhood.
3.
No outdoor loading or service areas, including dumpsters, shall be
located within the side or rear yard setback areas.
4.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
5.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
6.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
7.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no direct beam of light, but only
diffuse or reflected light, enters adjoining properties.
[Ord. No. 477, 5/11/2021]
A flea market shall be permitted as a conditional use subject
to the following express minimum standards and criteria:
1.
The minimum lot area shall be 10 acres.
2.
The premises shall be maintained so as to not constitute a nuisance
or a menace to public health and safety.
3.
No garbage, organic waste, petroleum products, or hazardous waste
shall be stored, buried, or disposed of on the premises.
4.
No flammable, explosive, or hazardous materials shall be sold on
the premises.
5.
No exterior storage shall be permitted on site.
6.
No exterior public address system shall be permitted.
7.
Any material or object associated with a flea market shall not be
stored outdoors for more than 48 hours in a seven-day period.
8.
The premises shall be enclosed by a wall or fence on the interior
edge of the required bufferyard. If fencing is erected, supplemental
vegetative screening not less than six feet in height and located
between the fence and lot line. The vegetative screening shall create
a visual buffer that is 100% opaque.
9.
Bufferyard A, as defined by Part 3 of this chapter, shall be incorporated between all property lines adjoining a nonindustrial use or zoning district. Bufferyard C shall be incorporated along property lines adjoining an industrial use or zoning district.
10.
Persons or owners who intend to operate a flea market shall obtain
a license to operate from the Township. Applications for licensing
can be obtained at the Township Planning Department and shall be filed
with the Zoning Officer. A traffic impact study shall be submitted
as part of the application. A description of future LOS and their
compliance with standards for traffic capacity of streets, intersections
and driveways shall be provided. New streets shall be designed for
adequate traffic capacity. All reference to LOS shall be defined by
the Highway Capacity Manual, published by Transportation Research
Board. These standards may be waived by the Township if sufficient
evidence is provided that the criteria cannot be met with reasonable
mitigation.
11.
To minimize traffic impacts on local Township roads, a flea market
shall be located along and primarily accessible from an arterial road
as defined by this chapter. All flea markets shall have clearly labeled
access points with not less than one dedicated entrance and one dedicated
exit from the arterial road. The spacing of all entrances and exits
shall be separated by no less than 150 linear feet.
12.
All business shall be conducted from individual booths. The placement
of booths shall be arranged in a manner so that aisles of a minimum
width of 25 feet between rows of booths are maintained in order to
facilitate access for firefighting.
13.
All flea markets shall contain an indoor facility for booth spaces.
Outdoor booth spaces are permitted but shall not comprise more than
25% of the total booth spaces. Outdoor booth spaces are not permitted
in any parking area that impacts the minimum number of required parking
spaces.
14.
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.
15.
Auctions shall not be conducted as part of any flea market.
16.
Seventy-five percent of all parking spaces that support flea market
activity shall be paved to minimize risk of pedestrian injury.
17.
To minimize stormwater runoff from pervious surfaces, the landowner
and/developer of a flea market owners/operators shall provide a statement
in writing that an attempt to utilize an existing parking lot for
flea market attendees within an industrial zoning district. The statement
shall, at a minimum, contain signatures from the landowner and/or
developer as well as landowners and/or developers of adjacent properties.
Any agreement for said shared parking shall be submitted to the Township
as part of the licensing application. It is the responsibility of
the flea market owner/operator to provide pedestrian pathways for
safe connections from all parking lots to the flea market sales area.
18.
All on-site parking lots shall comply with the standards of Part
9. Parking spaces on neighboring lots available through shared parking
agreements shall be included when verifying that the total number
of parking spaces meets the minimum requirements of Table 12. Parking
for flea markets in areas other than parking lots, including the shoulder
of the arterial roadway, shall be prohibited.
[Ord. No. 477, 5/11/2021]
A food and grocery store shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhoods.
2.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
3.
A food and grocery store shall have a maximum of two points of ingress/egress
to an arterial or collector street as defined by this chapter.
4.
A food and grocery store shall not exceed 20,000 square feet in gross
floor area.
[Ord. No. 477, 5/11/2021]
A funeral home shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
2.
All off-street parking spaces must be provided on-site.
3.
Exterior lighting for parking areas shall be reduced to half power
after 11:00 p.m.
4.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no direct beam of light, but only
diffuse or reflected light, enters adjoining properties.
5.
Off-street parking areas shall be screened with the appropriate bufferyard as required by § 27-306 of this chapter.
6.
Building and parking setbacks shall be consistent with the surrounding
neighborhood and surrounding developments.
7.
All rooms available for funerals and viewings shall be located within
the principal building.
8.
Dumpsters shall be located in the rear yard setback and shall be
screened with a masonry wall.
[Ord. No. 477, 5/11/2021]
A garden center shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
All principal and accessory structures shall be placed a minimum
of 75 feet from all property lines.
2.
The retail sales area shall not exceed 2,500 square feet. Any growing
areas or accessory greenhouses shall not be considered part of the
sales area.
3.
All supplies and equipment shall be stored within a completely enclosed
building.
4.
Exterior display and sales of building materials and/or equipment
associated with the permitted principal use shall require approval
as a supply yard.
[Ord. No. 477, 5/11/2021]
A gas and fuel station shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
No gas/fuel station shall be located within 1,000 feet of another
gas/fuel station.
2.
Access driveways to the service station shall be at least 30 feet
from the intersection of any public streets.
3.
Gasoline pumps shall be located at least 30 feet from the edge of
the ROW of a public street. Gasoline pumps and canopies shall be located
to the side or rear of a building within the SEO District.
4.
The ingress and egress shall not create hazardous conditions or undue
congestion of traffic circulation in the immediate area.
5.
Air towers and water outlets may be located outside an enclosed building,
provided that no portion of these facilities shall be closer than
10 feet from any property line.
6.
All automobile parts and supplies shall be stored within a building,
except that automotive supplies may be displayed for sale at the fuel
pump and at a distance no greater than five feet from the pumps.
7.
All canopy lighting must be fully recessed within the canopy.
[Ord. No. 477, 5/11/2021]
A golf course shall be a permitted conditional use subject to
the following express minimum standards and criteria:
1.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete, or stone block paving material
to protect the surrounding neighborhood from inappropriate dust and
other disturbances.
2.
An additional 10 feet of yard setback with a landscape screen in conformance with the requirements of Bufferyard C, as defined by Part 3 of this chapter, shall be provided around all off-street parking and loading areas. The intention of the bufferyard shall be to protect the surrounding neighborhood from inappropriate light and other disturbances.
3.
The outer safety zone of all golf holes, as recommended by the United
States Golf Association, shall be a minimum of 50 feet from all adjacent
residential lots.
4.
A golf course's hours of operation and activities must be appropriately
scheduled to protect the surrounding neighborhood from detrimental
noise, disturbance, or interruption.
5.
The owner(s) and operator(s) of a golf course shall be responsible
for the conduct and safety of the members, visitors, or guests and
shall be available to respond to inquiries and promptly quell any
disturbances caused by the members, visitors, and guests.
6.
The site shall be served by public water and public sanitary sewer
systems.
7.
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases, or solids is permitted
with the exception of lawn chemicals and gasoline, diesel fuel, and
oil for the operations and maintenance of motorized vehicles and equipment.
[Ord. No. 477, 5/11/2021]
A golf driving range shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete, or stone block paving material
to protect the surrounding neighborhood from inappropriate dust and
other disturbances.
2.
All lighting shall be shielded from adjacent streets and properties.
3.
A driving range's hours of operation must be appropriately scheduled
to protect the surrounding neighborhood from detrimental noise, disturbance,
or interruption. Any facility located within 200 feet of a property
line adjoining a residential use or residential zoning district shall
cease operations at 12:00 midnight.
4.
The owner(s) and operator(s) of a golf driving range shall be responsible
for the conduct and safety of the members, visitors, or guests and
shall be available to respond to inquiries and promptly quell any
disturbances caused by the members, visitors, and guests.
[Ord. No. 477, 5/11/2021]
A greenhouse/nursery shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Impervious surface coverage shall not exceed 20%.
2.
All principal and accessory structures shall be placed a minimum
of 75 feet from all property lines.
3.
The retail sales area shall not exceed 1,200 square feet. The growing
area shall not be considered the sales area.
4.
All supplies and equipment shall be stored within a completely enclosed
building.
5.
Exterior display and sales of building materials and/or equipment
associated with the permitted principal use shall require approval
as a supply yard.
[Ord. No. 477, 5/11/2021]
A group care facility shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The minimum area and bulk regulations for a group care facility shall
be the same as those required for all uses in the zoning district
in which the facility is located, with the exception of the R-2 District.
In the R-2 District, the minimum site required is five acres.
2.
In the R-2 District, a group care facility shall have direct vehicular
access to an arterial or collector road as defined by this chapter.
3.
No group care facility shall be established within 1,000 feet of
another group care facility.
4.
A twenty-four-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
5.
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
6.
Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs. All open
space areas shall be secured by a fence with a self-latching gate.
7.
All outdoor lighting shall be shielded and/or reflected away from
adjacent properties.
8.
Hours of operation and activities must be appropriately scheduled
to protect adjacent properties from unreasonable disturbance or interruption.
9.
The location of buildings and facilities, traffic circulation, and
parking areas on site shall be designed to provide adequate access
for emergency vehicles.
10.
The site shall be served by and connected to a public water and public
sewer system.
11.
All applicable county, state, and federal permits shall be applied
for prior to issuance of Township permits. Documentation of the county
and/or state approval shall be submitted as part of the conditional
use application.
[Ord. No. 477, 5/11/2021]
A hazardous waste recycling facility shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
Operations shall be regulated so that nuisances such as visual blight,
noise, odors, blowing debris, and dust shall not be created.
2.
Adequate off-street parking shall be provided for loading and unloading
of recyclable materials. Under no circumstance shall loading vehicles,
trucks, or other business equipment be parking on a public ROW.
3.
All materials shall be stored within a completely enclosed building
or screened from adjacent lots and public ROW with an eight-foot-high
opaque fence.
4.
A hazardous waste recycling facility shall have direct access to
a collector or arterial road with sufficient capacity to handle traffic
generated by the facility.
5.
The Board of Supervisors may impose restrictions on access to the
facility, hours of operation, or other such matters as they deem necessary
to ensure that there is no adverse impact upon the function of the
zoning district or any adjacent lots.
[Ord. No. 477, 5/11/2021]
Heavy equipment repair shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
A heavy equipment repair facility shall not be located within 100
feet of any lot line adjoining a residential use or residential zoning
district.
2.
Bufferyard A, as defined by § 27-306 of this chapter, shall be provided along all lot lines adjoining a residential use or residential zoning district.
3.
The storage of parts or dismantled vehicles shall not be visible
from any public ROW or from an adjacent lot line. Storage of parts
or materials must be in an enclosed building.
4.
All repair work shall be performed within an enclosed building, which
has adequate ventilation and fire protection provisions.
5.
All towed vehicles shall be stored on the premises, and no vehicle
shall be stored or dismantled on any public street.
6.
Vehicles or equipment awaiting repair shall be kept in an enclosed
building or in an outdoor area which is screened by an eight-foot
high hedge, or fully opaque masonry wall or fence.
7.
The premises shall be kept clean and shall be maintained so as to
not constitute a nuisance or menace to public health and safety.
[Ord. No. 477, 5/11/2021]
A hobby farm is a permitted conditional use subject to the following
express minimum standards and criteria:
1.
A hobby farm is a permitted conditional use in the I-1 and B-2 Zoning
Districts.
2.
The minimum lot area for a hobby farm is 10 acres, which can include
acreage around a newly created lot so long as the acreage is vacant,
used as farmland, and located on a family owned and operated farm.
3.
The owner of the hobby farm shall reside on the lot.
4.
Hobby farms may include any of the activities encompassed by agriculture,
as defined by this chapter. The sale of agricultural products raised
on the hobby farm shall be permitted. Private stables are also permitted
and included in the definition of hobby farm.
5.
The number of animals maintained on a hobby farm, if any, shall be
reasonably related to the size of the lot, the area available for
grazing, and the capacity of the land to sustain the animals without
creating a nuisance.
6.
On a lot utilized for a private stable, one horse or pony shall be
permitted on the first three acres of land. One additional horse or
pony shall be permitted for each additional acre over three acres.
However, no private stale or hobby farm within the I-1 or B-2 Zoning
Districts shall have more than a total of eight horses of ponies at
any one time.
7.
No stables or buildings in which animals are kept or manure is stored
shall be located within 75 feet of any lot line or within 100 feet
of any occupied dwellings within the parcel or located on adjacent
parcel, other than the stable owner's dwelling.
8.
No grazing of any animals shall be permitted closer than 50 feet
from an occupied dwelling within the parcel or located on an adjacent
parcel, excluding the private stable or hobby farm owner's dwelling.
9.
A hobby farm owner shall not permit litter and droppings from their
horses of any other animals to collect so as it results in a presence
of fly larvae or objectionable odors.
10.
The area of the lot used for grazing shall be adequately fenced to
properly enclose the animals and to protect adjacent lots.
11.
The primary residence/principal structure on the hobby farm must
meet the following lot area and bulk regulations:
|
Table 10: Primary Residence/Principal Structure Area and Bulk
Regulations
| ||
|---|---|---|
|
B-2 District
(feet)
|
I-1 District
(feet)
| |
|
Minimum lot width
|
200
|
400
|
|
Minimum front setback
|
20
|
50
|
|
Minimum side setback
|
30
|
100
|
|
Minimum rear setback
|
30
|
100
|
[Ord. No. 477, 5/11/2021]
A home occupation shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The home occupation shall be carried on wholly within the principal
or accessory structures.
2.
No more than 15% of the gross floor area of the principal dwelling
and any accessory structures used shall be devoted to the conduct
of the home occupation.
3.
Articles not produced on the premises shall not be sold on the premises.
4.
There shall be no display of merchandise available for sale on the
premises. However, merchandise may be stored on the premise for delivery
off the premises.
5.
Exterior displays or signs other than those permitted in Part 10 of this chapter, exterior storage of material and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
6.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of Part 8 of this chapter.
7.
The use shall not significantly intensify existing vehicular or pedestrian
traffic that is normal for the residences in the neighborhood.
8.
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 a structure.
9.
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.
10.
The use shall not cause an increase in the use of water, sewage,
garbage, public safety, or any other municipal services beyond that
which is normal for the residences in the neighborhood.
11.
The use shall not cause a negative impact on lot values in the immediate
neighborhood.
12.
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 permitted to be parked on the premises.
13.
One work vehicle is permitted on the premises.
14.
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 or uses by special exception, including,
but not limited to:
A.
Beauty shops or barbershops containing more than two chairs.
B.
Clinics, hospitals, or nursing homes.
C.
Kennels, veterinary offices, and clinics.
D.
Mortuaries.
E.
Private clubs.
F.
Private instruction to more than three students at a time.
G.
Restaurants or tearooms.
H.
Stables.
I.
Tourist or boarding homes.
J.
Vehicle or equipment rental, repair, or sales.
K.
Vehicle repair garages, as defined by this chapter.
15.
Day care homes other than those defined in Part 2 of this chapter shall meet all of the foregoing requirements for a home occupation as well as the following additional requirements:
[Ord. No. 477, 5/11/2021]
A hospital shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
The minimum site area required for a hospital shall be five acres.
2.
The site shall be served by public water and public sewer systems.
3.
The location of buildings and structures shall be designed to minimize
impact on adjacent residential properties.
4.
All hospitals shall be licensed by the Commonwealth of Pennsylvania.
Proof of all proper permits and approvals must be submitted to the
Township.
5.
Water pressure and volume shall be adequate for fire protection.
6.
Ingress, egress, and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
7.
The plan illustrating parking and circulation shall be forwarded
to the Township Volunteer Fire Department for comments regarding traffic
safety and emergency access.
8.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
9.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
10.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
12.
The landowner and/or developer shall complete a traffic impact analysis
to demonstrate that the Township's roadway network will maintain an
acceptable level of service and roadway capacity based upon the proposed
development's peak traffic volumes. The traffic impact analysis shall
be completed in accordance with the requirements defined in the SALDO,
as amended.[1]
13.
Minimum lot area and yard setbacks shall be as required in Part 3 of this chapter for the zoning district wherein the lot is located.
14.
Safe vehicular access and areas for discharging and picking up patients
shall be provided.
15.
A hospital's height shall not exceed 75 feet and shall not pose a
hazard to the operations of the Pittsburgh International Airport.
[Ord. No. 477, 5/11/2021]
A hotel shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
Dropoff/temporary parking areas shall remain free and clear of obstructions
for general safety and Fire Department access.
2.
A twenty-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
3.
Service of meals and/or beverages (whether alcoholic or nonalcoholic)
must be secondary to the principal use of room or suite rental.
4.
Secondary eating establishments serving alcoholic beverages or secondary
bars or nightclubs must be licensed by the Pennsylvania Liquor Control
Board.
5.
The site shall be served by and connected to a public water and public
sewer systems.
6.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
7.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
8.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
9.
The owner(s)/operator(s) of a hotel shall be responsible for the
conduct and safety of the renters and guests and shall be available
to respond to inquiries and promptly quell any disturbances caused
by renters or guests.
[Ord. No. 477, 5/11/2021]
A kennel shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
The operator or owner of any kennel must hold all current state and
local licenses and permits for the location, activity, and number
of animals so specified.
2.
The minimum lot area for a kennel shall be two acres.
3.
Kennels shall be located within a completely enclosed building and
soundproofed to reduce noise impacts on adjacent properties.
4.
Outdoor runs and similar facilities shall be constructed for easy
cleaning, shall be maintained in a safe condition, and shall be secured
by a fence with a self-latching gate.
5.
Outdoor runs and similar facilities shall be located at least 300
feet from any occupied dwelling on adjoining property and shall be
visually screened from adjoining lots with hedging or opaque fencing
that is at least eight feet in height.
[Ord. No. 477, 5/11/2021]
A laboratory shall be a permitted conditional use subject to
the following express minimum standards and criteria:
1.
The laboratory area shall not exceed a maximum of 15,000 square feet
of gross floor area.
2.
The gross floor area of the laboratory shall not exceed 40% of the
gross floor area of the building containing such laboratory.
3.
Laboratories that store Environmental Protection Agency (EPA) regulated
substances with reportable quantities over 100 pounds are prohibited.
4.
Laboratories that store EPA-regulated substances with reportable
quantities equal to or less than 100 pounds, which are also liquids
or gases at ambient conditions, in quantities greater than the respective
reportable quantity are prohibited.
5.
Laboratories with the following then current North American Industry
Classification System (NAICS) categories are prohibited: 1) all other
animal production (Code 112990); 2) biological testing laboratories
or services (under Code 541380); 3) veterinary testing laboratories
(Code 541940); and 4) laboratory equipment manufacturing (Code 339113).
6.
Laboratories shall be designated by the owner with applicable NAICS
categories.
7.
The Board of Supervisors shall determine that such use will not create
detrimental impacts on the surrounding properties, taking into consideration
the location and orientation of the laboratory's probable traffic
generation, parking needs, generation of noise, dust, odor, vibration,
pollution, light or other disturbance, or interruption.
8.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
9.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
10.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
11.
The location of buildings and structures shall be designed to minimize
impact on adjacent residential properties.
12.
A traffic impact study is required and shall be reviewed and approved
by the Township Traffic Engineer.
13.
The site shall be served by public water and public sewer systems.
14.
The owner and operator of the facility shall be responsible for the
conduct and safety of the employees, customers, visitors, and guests
and shall be available to respond to inquiries and promptly resolve
any issues caused by the employees, customers, visitors, and guests.
[Ord. No. 477, 5/11/2021]
A wholesale landscaping service center shall be a permitted
conditional use subject to the following express minimum standards
and criteria:
1.
A business established for the purposes of wholesale landscaping
shall have one point of ingress and egress to a public road ROW. The
point of ingress and egress shall be located in a manner that minimizes
detrimental traffic impacts to both pedestrians and vehicular.
2.
Equipment storage shall be permitted to include man-operated or mechanical
equipment or other machinery that is in operable condition. The storage
of inoperable vehicles is prohibited.
3.
The storage of combustible materials shall be limited to 25 feet
in height with available fire defense measures as approved by the
Township Volunteer Fire Department. The storage of noncombustible
materials shall be limited to 30 feet in height, in order to minimize:
4.
Site grading shall be completed to ensure that surface runoff is
directed away from any and all material storage areas.
5.
The owner(s) and operator(s) of a wholesale landscaping service center
shall incorporate best managements practices as outlined in the Pennsylvania
Handbook of Best Management Practices for Developing Areas to minimize
negative impacts of erosion, siltation, and surface water and groundwater
contamination.
6.
The minimum distance between buildings shall be 30 feet.
7.
The maximum length of any building shall be no more than 200 feet.
8.
Screen Walls.
A.
An eight-foot-high screen wall shall be constructed around the perimeter
of a storage area if equipment and/or materials are not contained
within an enclosed building/area. The screen wall shall be measured
from the average grade of the adjacent ground, unless otherwise defined
by the Township.
B.
The screen wall shall have a minimum opacity of 80% and shall be
composed of one of the following.
(1)
Finished masonry or wood.
(2)
Black or green vinyl-coated chain-link fencing with eight-foot-high
evergreen plantings located on the exterior side of the fence, whereas
no fence components may be visible from an adjacent lot or ROW.
(3)
The landowner and/or developer shall provide evergreen plantings
with a minimum height of eight feet in quantity and spacing as approved
by the Township.
9.
No excessive noise, dust, odor, vibration, or light shall be generated
to disturb the surrounding neighborhood.
10.
No storage or transfer of toxic, corrosive, flammable, carcinogenic,
or explosive materials, chemicals, liquids, gases, or solids shall
be permitted, with the exception of gasoline, diesel fuel, and oil
for the operation and maintenance of motorized vehicles and equipment.
11.
The ground surface of off-street parking shall be paved with bituminous,
brick, concrete, or stone block paving material to protect the surrounding
neighborhood from inappropriate dust and other disturbances. Loading
and equipment storage areas shall, at a minimum, be paved with crushed
limestone aggregate.
12.
The hours of operation for material pickups, delivery, outdoor processing,
and outdoor manufacturing operations shall be limited to 7:00 a.m.
to 8:00 p.m.
13.
No more than one identification sign shall be permitted. The identification
sign shall be a ground or a wall sign and shall have a maximum graphic
area of 40 square feet.
[Ord. No. 477, 5/11/2021]
A laundromat shall be a permitted conditional use subject to
the following express minimum standards and criteria:
1.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
2.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no direct beam of light, but only
diffuse or reflected light, enters adjoining properties.
3.
Off-street parking areas shall be screened with the appropriate bufferyard as required by § 27-306 of this chapter.
4.
Dumpsters shall be located in the rear yard setback and shall be
screened with a masonry wall.
5.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
[Ord. No. 477, 5/11/2021]
A library shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
2.
The use shall have one direct point of vehicular access from an arterial
or collector street. The point of vehicular access shall be located
in a manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
4.
The site shall be serviced by public water and public sewer systems.
5.
The owner and operator of the facility shall be responsible for the
conduct and safety of the employees, visitors, and guests and shall
be available to respond to inquiries and promptly resolve any issues
caused by employees, visitors, and guests.
6.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
7.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Added by Ord. No. 513, 11/14/2023]
A limited winery shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m.
prevailing time, and the establishment may not be open to the public
during those hours.
2.
Operations shall be regulated so that nuisances such as excessive
noise levels shall not be created. Noise levels are subject to the
Township's Noise Ordinance as well as the PA Liquor Control Board's
rules and regulations regarding live music.
3.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
4.
The primary loading area shall be located in a manner that minimizes
detrimental traffic impacts (both pedestrian and vehicular) on the
surrounding neighborhood and subject property.
5.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
6.
No outdoor loading or service areas, including dumpsters, shall be
located within the side or rear yard setback areas.
7.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
8.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
9.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
Live-work units shall be a permitted conditional use subject
to the following express minimum standards and criteria:
2.
Parking shall meet the requirements of Part 9 based on the combined
requirements for the residential unit(s) and the ground floor use(s).
3.
All live-work units shall be constructed in accordance with the Township's
adopted Building and Construction Codes and shall be occupied as live-work
capacity upon construction.
[Ord. No. 477, 5/11/2021]
A magistrate office and court shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
2.
The use shall have one direct point of vehicular access from an arterial
or collector street. The point of vehicular access shall be located
in a manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
4.
The site shall be serviced by public water and public sewer systems.
5.
The owner and operator of the facility shall be responsible for the
conduct and safety of the employees, visitors, and guests and shall
be available to respond to inquiries and promptly resolve any issues
caused by employees, visitors, and guests.
6.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
7.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 481, 7/13/2021[1]]
A massage therapy establishment shall be a permitted conditional
use subject to the following express standards and criteria:
1.
State or national certification from one of the following entities
shall be required for all employees, excluding administrative staff:
A.
National Certification Board for Therapeutic Massage and Bodywork;
B.
American Massage Therapy Association;
C.
Association of Bodywork and Massage Practitioners;
D.
National Certification Commission for Acupuncture and Oriental Medicine;
E.
International Massage Association; or
F.
A Board of Supervisors approved equivalent.
2.
In addition, all employees, excluding administrative staff, must
have at least 500 hours of professional training.
3.
Hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate the hours of operation for the facility in order
to prevent adverse impacts on adjoining properties.
4.
The facility shall operate in compliance with all applicable rules
and regulations of the Commonwealth of Pennsylvania and the Allegheny
County Health Department.
5.
A massage therapy establishment shall be initially licensed, where
it has met the applicable requirements set forth in the North Fayette
Township Code of Ordinances, through December 31 of the year in which
the license is issued. For each year thereafter that the massage therapy
establishment intends to continue as a massage therapy establishment,
it must seek from the Township Manager a renewal of this license.
The application for renewal must be received by the Township Manager
no later than November 1 of the year preceding the year in which the
license renewal is sought. The lack of a license or the failure to
seek license renewal on a timely basis shall be a proper basis for
the Township to deny or revoke an occupancy permit to a massage therapy
establishment.
6.
The location of buildings and structures shall be designed to minimize
impact on adjacent residential properties in terms of noise, traffic,
hours of operation, and lighting pollution.
7.
Lighting shall be oriented away from adjacent properties and shall
not exceed 0.1 footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
8.
To ensure public health and safety, the site shall be served by and
connected to a public sewer system and public water system at the
cost of the landowner and/or developer.
9.
The owner and operator of the facility shall be responsible for the
conduct and safety of the employees, customers, visitors, and guests
and shall be available to respond to inquiries and promptly resolve
any issues caused by the employees, customers, visitors, and guests.
[Ord. No. 477, 5/11/2021]
A medical marijuana dispensary shall be a permitted conditional
use subject to the following express minimum standards and criteria:
[Ord. No. 477, 5/11/2021]
A medical office, high-intensity shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
A traffic impact analysis shall be required and shall be reviewed
and approved by the Township Traffic Engineer. Potential implementation
strategies of necessary infrastructure and/or safety improvements
shall be identified in response to the analysis findings.
2.
The site shall be serviced by public water and public sewer systems.
3.
The owner and operator of the facility shall be responsible for the
conduct and safety of the employees, visitors, and guests and shall
be available to respond to inquiries and promptly resolve any issues
caused by employees, visitors, and guests.
4.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
5.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
6.
The location of buildings and structures shall be designed to minimize
impact on adjacent residential properties.
[Ord. No. 477, 5/11/2021]
A medical office, low-intensity shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
2.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
3.
Off-street parking areas shall be screened with the appropriate bufferyard as required by § 27-306 of this chapter.
4.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
5.
The landowner and/or developer shall be required to prepare and submit
a traffic impact analysis of the proposed development. The traffic
impact analysis shall be reviewed and approved by the Township Traffic
Engineer. Potential implementation strategies of necessary infrastructure
and/or safety improvements shall be identified in response to the
analysis findings.
[Ord. No. 477, 5/11/2021]
A microbrewery shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The standards for "brewery" in this Part 6 shall apply.
[Ord. No. 477, 5/11/2021]
A microdistillery shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The standards for "distillery" in this Part 6 shall apply.
[Ord. No. 477, 5/11/2021]
Mineral development shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
In the R-1 District, the minimum site required for mineral development
shall be 10 acres. The site shall be located at least 500 feet from
any existing residential lot.
2.
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).
3.
Mineral development shall be prohibited in watersheds of rivers or
streams now or hereafter designated by the Pennsylvania Fish Commission
as a "wilderness trout stream," by the PA DEP as part of the Scenic
Rivers System or designated under the Federal Wild and Scenic Rivers
Act.
4.
No mineral development shall be conducted within 300 feet of any
public building, school, place of worship, community or institutional
building, commercial building, public park, or private recreational
area.
5.
No mineral development shall be conducted within 100 feet of the
right-of-way line of any public road, except where access roads or
haulage roads join the ROW 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.
6.
No mineral development shall be conducted which will adversely affect
any publicly owned park or places included in the National Register
of Historic Sites, unless approved by the governmental agency with
jurisdiction over the park or historic site.
7.
No mineral development shall be conducted within 100 feet of a cemetery.
8.
No mineral development shall be conducted within 300 feet of any
occupied residential dwelling, unless the consent of the owner of
the dwelling has been obtained in advance of the filing of the application
for zoning approval.
9.
The applicant shall present expert testimony to demonstrate that
the proposed mineral development operation will not adversely affect
any of the following:
10.
The applicant shall present expert testimony to demonstrate that
the use of explosives, if proposed, shall not cause injury to any
adjacent buildings or structures or shall not substantially diminish
underground water resources.
11.
If blasting is to be undertaken, a seismograph shall be placed on
the site of the operation during all times when blasting is performed
which shall be monitored by an independent engineering consultant
whose credentials are acceptable to the Township and whose fee is
paid by the applicant.
12.
The applicant shall provide reclamation plans for the site, which
demonstrate that the condition of the land after the operation is
completed will allow economically and ecologically productive uses
of the type permitted in the district in which the site is located.
Acceptance of the reclamation plan shall not constitute approval of
any aspect of any future development plan.
13.
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 state, county, and Township roads and shall design the hauling
routes for the mineral development operation to minimize the impact
on local roads with the Township.
14.
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 for removing minerals from the site. The
term of the bond shall begin on the date the zoning certificate is
issued. The bond shall be returned to the operator upon completion
of all operations, any backfilling and reconstruction of a damaged
roadway due to excess weight in excess of the posted weight 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 that have been damaged shall be determined by
inspection of the Township Engineer and shall be reconstructed to
current Township Specifications for Street Construction.
15.
Portions of the site where mineral development and removal operations
are conducted may be required to be fenced or screened, as necessary,
to provide security and protect adjacent properties.
16.
Deep mine openings and aboveground structures shall not be located within 300 feet of any existing dwelling. Ventilating structures shall be located so as to comply with the performance standards of § 27-812 regarding noise and to minimize noise impacts on adjoining property. Ventilating structures also shall comply with the requirements of Part 8 of this chapter.
17.
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
or federal permits, including proof of insurability, before initiating
any work and of maintaining 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.
18.
Approval of the conditional use shall expire if work authorized in
the application for the conditional use is not commenced within 90
days of the date of approval of the application by the Board of Supervisors
unless the applicant submits a written request for an extension to
the Board of Supervisors prior to the expiration of the 90 days explaining
the reason for the delay in initiating the work and the Board of Supervisors
approves the request.
19.
Once work is initiated under an approved application for a conditional
use, zoning approval shall be valid for a period of one year from
the date of conditional use approval by the Board of Supervisors.
An application for renewal of zoning approval must be submitted prior
to the date of expiration of zoning approval and can be granted 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.
Upon expiration or revocation of zoning approval for the conditional
use, the applicant may reapply for approval of the conditional use.
20.
During the mineral development operation, the Township Engineer may
inspect the site at the request of the Township 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.
[Ord. No. 477, 5/11/2021]
A mixed-use development shall be a permitted conditional use
subject to the following express minimum standards and criteria:
[Ord. No. 477, 5/11/2021]
A motel shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
The standards for "hotel" in this Part 6 shall apply.
[Ord. No. 477, 5/11/2021]
A municipal building shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
2.
The use shall have one direct point of vehicular access from an arterial
or collector street. The point of vehicular access shall be located
in a manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
4.
The site shall be serviced by public water and public sewer systems.
5.
The owner and operator of the facility shall be responsible for the
conduct and safety of the employees, visitors, and guests and shall
be available to respond to inquiries and promptly resolve any issues
caused by employees, visitors, and guests.
6.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
7.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A natural gas compressor station shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
Natural gas compressor stations shall only be permitted to occur
on property that is a minimum of five acres or larger. The applicant
shall strive to consider locations for its temporary and permanent
operations where prudent and possible so as to minimize interference
with Township residents' enjoyment of their property and future Township
development activities. The applicant must present an expert witness
testimony to demonstrate the location of the facility will not unreasonably
adversely affect any of the following:
2.
A conditional use application for a natural gas compressor station
shall be accompanied with written permission from the property owner(s)
who has legal or equitable title in and to the surface rights of the
property or a court order recognizing the operator's authority to
occupy the surface. If the operator owns the property, proof must
be provided.
3.
Conditional use approval is nontransferable without consent from
the Board of Supervisors, and shall automatically terminate, unless
extended, if substantial construction is not commenced and sustained
within one year from the date of issuance of the conditional use.
The conditional use approval may be extended by the Board of Supervisors
upon written request by the operator. The operator shall provide proof
that the requested conditional use permit for such location has not
changed.
4.
As part of the conditional use application, the Township and all
applicable emergency responders shall be provided the name of the
person supervising the compressor station and a phone number where
such person can be reached 24 hours a day. Also, a list of contact
information for all subcontractors associated with the operations
of the station must be provided. The list shall include verification
that all supervisors/operators and subcontractors at the site are
aware and understand this section.
5.
All natural gas compressor stations shall be completely enclosed
by a building.
A.
The building shall be constructed in a manner that the architectural
character complements the existing character of the area. The building
shall employ architectural features, including but not limited to
sloped roofs, stone and brick accents, steeples, cupolas, etc.
B.
The building shall employ soundproof-type walls, and all equipment
associated with the compressor station shall be enclosed within the
building. All acoustical structures shall be constructed of metal,
masonry, or other structurally sound material as approved by the Township
Engineer.
6.
Access directly to state roads shall require PennDOT HOP approval.
Prior to initiating any work at the compressor station, the Township
shall be provided a copy of the HOP. Access roads shall also comply
with the following:
A.
Access roads must be 50 feet from adjacent property lines unless
written consent is given by the adjacent property owner.
B.
The first 50 feet must be paved. Then, 150 feet must be limestone
in a manner that reasonably minimizes water, sediments, and/or debris
carried onto any public roads.
C.
If the access road is less than 200 feet, the entire road must be
limestone.
7.
The access driveway off the public road to the compressor station
shall be gated at the entrance to prevent illegal access into the
site. The site assigned address shall be clearly visible on the access
gate for emergency 911 purposes. In addition, the sign shall include
the station name and number, name of the operator, and the telephone
number for a person responsible who may be contacted in case of emergency.
8.
The operator must provide a plan for the transmission of gas, water,
oil, or other substances to and from the station. The operator shall
identify the location of, but not limited to, gathering lines, compressors,
and other mid- and downstream facilities located within the Township
and extending 800 feet beyond the Township boundary. The operator
shall provide the Township with all state and federal permits that
have been acquired, and bonding agreements, and proof of ability to
operate such pipelines.
9.
As part of the conditional use process, the Township reserves the
right to increase any required setback based on physical characteristics
of the site, including but not limited to topography, woodlands, and
distance from structures, parks, schools, and residential neighborhoods.
10.
Compressor stations shall utilize electric motors rather than internal
combustion engines. The Board of Supervisors may approve the use of
internal combustion engines as part of the conditional use approval
if deemed to be absolutely necessary, due to the prolonged lack of
availability of electrical service. However, any exhaust from any
internal combustion engine or compressor used in connection with the
station, used by 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 the manufacturer's specifications.
11.
Noise. The Township may require acoustical blankets, sound walls,
mufflers, or other alternative methods to ensure compliance depending
on the location of a proposed station to adjacent residential properties.
As part of the conditional use application, and prior to construction,
the operator shall establish the residual or background noise level
baseline. The baseline shall be established over a seventy-two-hour
period with at least one twenty-four-hour reading on a Saturday or
Sunday. A noise consultant/engineer mutually agreed upon by the Township
and owner/operator will be responsible for determining the residual
background noise level baseline. The operator shall be responsible
for all costs associated with the noise consultant/engineer.
A.
The noise generated during operating activities when measured 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,
shall not exceed the average ambient noise level as determined by
the seventy-two-hour evaluation:
B.
Sound Test.
(1)
If a complaint is received by any person using a protected structure
for a lawful purpose, within a reasonable vicinity of a compressor
station, regarding noise generated by compressor station operations,
the Township will conduct a sound test to verify that a viable complaint
exists. Upon confirmation by the Township that a possible noise violation
exists, the operator shall, within 24 hours of the 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:
(2)
If the operator engages in any noise testing as required by
this section, it will provide preliminary data to the Township no
later than 10 business days following completion of the noise testing.
Once the monitoring is complete, the operator will meet with Township
representatives and affected residents to discuss whether possible
noise abatement measures are warranted, if the permitted levels set
further herein were exceeded. The Township reserves the right to hire
a noise consultant to do its own testing and investigation regarding
the noise complaint.
12.
Drip pans must be placed in any location, under equipment, that has
the potential to leak.
13.
All condensate tanks shall be equipped with vapor recovery and/or
vapor destruction units.
14.
All structures, including but not limited to pumping units, storage
tanks, buildings, and structures, shall be painted a neutral color,
and shall be compatible with the surrounding uses. Neutral colors
shall include sand, gray, green, and unobtrusive shades of brown,
or other neutral colors, as approved by the Township.
15.
Compressor stations shall be inspected by the North Fayette Township
Volunteer Fire Department prior to operation. During the active operation
at the compressor station, Township staff or consultants designated
by the Township Manager shall have access to the site to determine
continuing compliance with the conditional use approval.
16.
The applicant will reimburse the Township for all reasonable and
direct professional consultant fees incurred by the Township related
to site inspection, approval process, or for specialized work called
for in the permit.
17.
The Township reserves the right to impose any other additional conditions
necessary to protect the public health, safety, and general welfare
of its residents in order to address any unique characteristics of
a particular compressor station site which are not otherwise within
the jurisdiction of federal and state regulations in accordance with
the MPC.
18.
Indemnification and Express Negligence Provisions. The operator shall
fully defend, protect, indemnify, and hold harmless North Fayette
Township, its departments, officials, officers, agents, employees,
and contractors from and against each and every claim, demand, or
cause of action and any and all liability, damages, obligations, judgments,
losses, fines, penalties, costs, legal and expert fees, and expenses
incurred in defense of North Fayette Township, including, without
limitation, personal injuries and death in connection therewith which
may be made or asserted by any third parties on account of, arising
out of, or in any way incidental to or in connection with the performance
by the operator.
19.
The facility and/or its operation shall comply with all applicable
permits and requirements of the DEP, the EPA, and any other governmental
authority having jurisdiction over its operations and with all federal,
state, and local laws, ordinances, and regulations promulgated to
protect the environment or otherwise relating to environmental matters.
The applicant shall demonstrate that the compressor stations will
not violate the citizens of North Fayette Township's right to clean
air and pure water as set forth in Article 1, Section 27, of the Pennsylvania
Constitution (the Environmental Rights Amendment). The applicant will
have the initial burden to demonstrate that its operations will not
affect the health, safety, or welfare of the citizens of North Fayette
Township or any other potentially affected landowner. The application
submittal shall include reports from qualified environmental individuals
attesting that the proposed location will not negatively impact the
Township residents' environmental rights and will include air modeling
and hydrogeological studies as potential pathways that a spill or
release of fluid may follow.
20.
The operator shall be required to provide notice of any spills and/or
releases to the Township.
[Ord. No. 477, 5/11/2021]
A natural gas processing plant shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
Natural gas processing plants shall only be permitted to occur on
property that is a minimum of five acres or larger. The applicant
shall strive to consider locations for its temporary and permanent
operations where prudent and possible so as to minimize interference
with Township residents' enjoyment of their property and future Township
development activities. The applicant must present an expert witness
testimony to demonstrate the location of the facility will not unreasonably
adversely affect any of the following:
2.
A conditional use application for a processing plant shall be accompanied
with written permission from the property owner(s) who has legal or
equitable title in and to the surface rights of the property or a
court order recognizing the operator's authority to occupy the surface.
If the operator owns the property, proof must be provided.
3.
Conditional use approval is nontransferable without consent from
the Board of Supervisors, and shall automatically terminate, unless
extended, if substantial construction is not commenced and sustained
within one year from the date of issuance of the conditional use.
The conditional use approval may be extended by the Board of Supervisors
upon written request by the operator. The operator shall provide proof
that the requested conditional use permit for such location has not
changed.
4.
As part of the conditional use application, the Township and all
applicable emergency responders shall be provided the name of the
person supervising the compressor station and a phone number where
such person can be reached 24 hours a day. Also, a list of contact
information for all subcontractors associated with the operations
of the station must be provided. The list shall include verification
that all supervisors/operators and subcontractors at the site are
aware and understand this section.
5.
Access directly to state roads shall require PennDOT HOP approval.
Prior to initiating any work at the processing plant, the Township
shall be provided a copy of the HOP. Access roads shall also comply
with the following:
A.
Access roads must be 50 feet from adjacent property lines unless
written consent is given by the adjacent property owner.
B.
The first 50 feet must be paved. Then, 150 feet must be limestone
in a manner that reasonably minimizes water, sediments, and/or debris
carried onto any public roads.
C.
If the access road is less than 200 feet, the entire road must be
limestone.
6.
The access driveway off the public road to the processing plant shall
be gated at the entrance to prevent illegal access into the site.
The site assigned address shall be clearly visible on the access gate
for emergency 911 purposes. In addition, the sign shall include the
plant name and number, name of the operator, and the telephone number
for a person responsible who may be contacted in case of emergency.
7.
The operator must provide a plan for the transmission of gas, water,
oil, or other substances to and from the plant. The operator shall
identify the location of, but not limited to, gathering lines, compressors,
and other mid- and downstream facilities located within the Township
and extending 800 feet beyond the Township boundary. The operator
shall provide the Township with all state and federal permits that
have been acquired, and bonding agreements, and proof of ability to
operate such pipelines.
8.
As part of the conditional use process, the Township reserves the
right to increase any required setback based on physical characteristics
of the site, including but not limited to topography, woodlands, and
distance from structures, parks, schools, and residential neighborhoods.
9.
Processing plants shall utilize electric motors rather than internal
combustion engines. The Board of Supervisors may approve the use of
internal combustion engines as part of the conditional use approval
if deemed to be absolutely necessary, due to the prolonged lack of
availability of electrical service. However, any exhaust from any
internal combustion engine or compressor used in connection with the
station, used by 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 the manufacturer's specifications.
10.
Noise. The Township may require acoustical blankets, sound walls,
mufflers, or other alternative methods to ensure compliance depending
on the location of a proposed plant to adjacent residential properties.
As part of the conditional use application, and prior to construction,
the operator shall establish the residual or background noise level
baseline. The baseline shall be established over a seventy-two-hour
period with at least one twenty-four-hour reading on a Saturday or
Sunday. A noise consultant/engineer mutually agreed upon by the Township
and owner/operator will be responsible for determining the residual
background noise level baseline. The operator shall be responsible
for all costs associated with the noise consultant/engineer.
A.
The noise generated during operating activities when measured 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,
shall not exceed the average ambient noise level as determined by
the seventy-two-hour evaluation:
B.
Sound Test.
(1)
If a complaint is received by any person using a protected structure
for a lawful purpose, within a reasonable vicinity of a compressor
station, regarding noise generated by plant operations, the Township
will conduct a sound test to verify that a viable complaint exists.
Upon confirmation by the Township that a possible noise violation
exists, the operator shall, within 24 hours of the 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:
(2)
If the operator engages in any noise testing as required by
this section, it will provide preliminary data to the Township no
later than 10 business days following completion of the noise testing.
Once the monitoring is complete, the operator will meet with Township
representatives and affected residents to discuss whether possible
noise abatement measures are warranted, if the permitted levels set
further herein were exceeded. The Township reserves the right to hire
a noise consultant to do its own testing and investigation regarding
the noise complaint.
11.
Drip pans must be placed in any location, under equipment, that has
the potential to leak.
12.
All condensate tanks shall be equipped with vapor recovery and/or
vapor destruction units.
13.
All structures, including but not limited to pumping units, storage
tanks, buildings, and structures, shall be painted a neutral color,
and shall be compatible with the surrounding uses. Neutral colors
shall include sand, gray, green, and unobtrusive shades of brown,
or other neutral colors, as approved by the Township.
14.
Processing plants shall be inspected by the North Fayette Township
Volunteer Fire Department prior to operation. During the active operation
at the plant, Township staff or consultants designated by the Township
Manager shall have access to the site to determine continuing compliance
with the conditional use approval.
15.
The applicant will reimburse the Township for all reasonable and
direct professional consultant fees incurred by the Township related
to site inspection, approval process, or for specialized work called
for in the permit.
16.
The Township reserves the right to impose any other additional conditions
necessary to protect the public health, safety, and general welfare
of its residents in order to address any unique characteristics of
a particular processing plant site which are not otherwise within
the jurisdiction of federal and state regulations in accordance with
the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
17.
Indemnification and Express Negligence Provisions. The operator shall
fully defend, protect, indemnify, and hold harmless North Fayette
Township, its departments, officials, officers, agents, employees,
and contractors from and against each and every claim, demand, or
cause of action and any and all liability, damages, obligations, judgments,
losses, fines, penalties, costs, legal and expert fees, and expenses
incurred in defense of North Fayette Township, including, without
limitation, personal injuries and death in connection therewith which
may be made or asserted by any third parties on account of, arising
out of, or in any way incidental to or in connection with the performance
by the operator.
18.
The facility and/or its operation shall comply with all applicable
permits and requirements of the DEP, the EPA, and any other governmental
authority having jurisdiction over its operations and with all federal,
state, and local laws, ordinances, and regulations promulgated to
protect the environment or otherwise relating to environmental matters.
The applicant shall demonstrate that the processing plant will not
violate the citizens of North Fayette Township's right to clean air
and pure water as set forth in Article 1, Section 27, of the Pennsylvania
Constitution (the Environmental Rights Amendment). The applicant will
have the initial burden to demonstrate that its operations will not
affect the health, safety, or welfare of the citizens of North Fayette
Township or any other potentially affected landowner. The application
submittal shall include reports from qualified environmental individuals
attesting that the proposed location will not negatively impact the
Township residents' environmental rights and will include air modeling
and hydrogeological studies as potential pathways that a spill or
release of fluid may follow.
[Ord. No. 477, 5/11/2021]
A nightclub shall be a permitted conditional use subject to
the following express minimum standards and criteria:
1.
The night operations shall cease between the hours of 2:00 a.m. and
7:00 a.m., prevailing time (unless more restrictive nonoperating hours
are established by the Board of Supervisors in its conditional use
decision), and the establishment shall not be open to the public during
those hours.
2.
All nightclub activities shall be conducted within an enclosed building,
and all doors and windows shall remain closed during the hours that
the nightclub is open for operation.
3.
The facility entrances and exits (excluding emergency exits) which
face adjacent residential dwellings and/or residential zoned properties
shall have a vestibule with a second door to minimize noise impacts
to adjacent residential dwellings and properties.
4.
No nightclub shall be permitted within 500 feet of an adult-oriented
business and/or another nightclub, as measured from lot line to lot
line.
5.
The nightclub operations shall not cause or create a nuisance, including,
but not limited to, excessive noise levels.
6.
The owner and operator of the nightclub shall be responsible for
the conduct and safety of its patrons.
7.
No more than one identification sign shall be permitted. The sign
shall be a ground sign or wall sign. The graphic area of the sign
shall not exceed 40 square feet.
[Ord. No. 477, 5/11/2021]
An oil and gas compressor station shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
No oil or gas compressor station or an addition to an existing oil
or gas well site shall be constructed or located within the Township
unless a zoning permit under this chapter has been issued by the Township
to the owner or operator approving the construction or preparation
of the site for oil or gas development or construction of an oil and
gas compressor station.
2.
In addition to the other requirements of this chapter, the applicant
shall provide to the Township at the time of application the following
information:
A.
A narrative describing an overview of the project including the number
of acres to be disturbed for development and the location, number,
and description of equipment and structures to the extent known.
B.
A narrative describing an overview of the project as it relates to
the oil or gas compressor station.
C.
The address of the compressor station as determined by the County
911 addressing program and information needed to gain access in the
event of an emergency.
D.
The contact information of the individual or individuals responsible
for the operation and activities at the oil or gas compressor station
shall be provided to the Township and all applicable emergency responders
as determined by the Township. Such information shall include a phone
number where such individual or individuals can be contacted 24 hours
per day, 365 days a year. Annually, or upon any change of relevant
circumstances, the applicant shall update such information and provide
it to the Township and all applicable emergency responders as determined
by the Township.
E.
To the extent that the information has been developed, the applicant
shall provide a plan for the transmission of gas from the site. The
plan will identify, but not be limited to, gathering lines and other
midstream and downstream facilities located within the Township and
extending 800 feet beyond the Township boundary.
F.
A site plan of the oil and gas compressor station including any major
equipment and structures and all permanent improvements to the site.
G.
A description of, and commitment to maintain, safeguards that shall
be taken by the applicant to ensure that the Township streets utilized
by the applicant shall remain free of dirt, mud, and debris resulting
from site development activities; and the applicant's assurance that
such streets will be promptly swept or cleaned if dirt, mud, and debris
occur as a result of applicant's usage.
H.
An appropriate site orientation and training course of the preparedness,
prevention, and contingency plan for all applicable emergency responders
as determined by the Township. The cost and expense of the orientation
and training shall be the sole responsibility of the applicant. If
multiple sites are in the same area (covered by the same emergency
response agencies), evidence from the appropriate emergency response
agencies that a training course was offered in the last 12 months
shall be accepted. Site orientation for each oil and gas site shall
still be required for the appropriate emergency responders, as determined
by the Township.
3.
The applicant/operator shall comply with any generally applicable
bonding and permitting requirements for Township roads that are to
be used by vehicles for site construction and site operations.
4.
Access.
A.
Oil and gas facilities shall be accessed directly from an arterial
or collector street.
B.
Accepted professional standards pertaining to minimum traffic sight
distances for all access points shall be adhered to.
C.
Access directly to state roads shall require PennDOT highway occupancy
permit(HOP) approval. Prior to initiating any work at a drill site,
the Township shall be provided a copy of the HOP.
D.
Access directly to Township/county roads shall require a driveway
permit/HOP prior to initiating any work at a well site.
5.
Height. Permanent structures associated with oil and gas compressor
stations shall comply with the height regulations for the zoning district
in which the oil or gas compressor station is located.
6.
Setbacks/Location.
A.
Oil and gas compressor stations and sites shall comply with all setback requirements of the zoning district in which it is located and provide a landscape buffer as required by § 27-306.
B.
Recognizing that the specific location of equipment and facilities
is an integral part of the oil and gas development, the operator shall
strive to consider the location of its temporary and permanent operations,
where prudent and possible, so as to minimize interference with Township
residents' enjoyment of their property and future development activities
as authorized by the Township's applicable ordinances.
C.
In construction of compressor station sites, the natural surroundings
should be considered and attempts made to minimize impacts to adjacent
properties.
7.
Screening and Fencing.
A.
Security fencing shall be at least six feet in height equipped with
lockable gates at every access point and having openings no less than
12 feet wide. Additional lockable gates used to access compressor
station site by foot may be allowed, as necessary.
B.
First responders shall be given means to access oil or gas well sites
in case of an emergency. Applicant must provide the county 911 communications
center necessary information to access the compressor station site
in the event of an emergency.
C.
Warning signs shall be placed on the fencing surrounding the compressor
station site providing notice of the potential dangers and the contact
information in case of an emergency. During drilling and hydraulic
fracturing, clearly visible warning signage must be posted on the
pad site.
8.
Lighting.
A.
Lighting at an oil or gas compressor station shall, when practicable,
be limited to security lighting.
B.
All temporary and permanent outdoor lighting shall be shielded and/or
reflected away from adjoining properties so that no direct beam of
light, but only diffuse or reflected light, enters adjoining properties.
9.
Noise. The operator shall take the following steps to minimize noise
resulting from the oil or gas compressor station, to the extent possible:
A.
Prior to development, the operator shall establish a continuous seventy-two-hour
ambient noise level at the nearest property line of a residence or
public building, school, medical, emergency, or other public residence
or public facility, or 100 feet from the nearest residence or public
building, school, medical, emergency, or other public residence or
public facility, whichever point is closer to the affected facility.
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 ANSI standard
for sound meters or an instrument and the associated recording and
analyzing equipment which will provide equivalent data.
B.
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 Zoning Officer within three business days of such
a request.
C.
The noise generated during operating hours shall not exceed the average
ambient noise level as determined by the seventy-two-hour evaluation
or default level, whichever is higher.
D.
All permanent facilities associated with oil and gas well sites,
including but not limited to oil or gas compressor stations, shall
meet the general noise requirements of this chapter. Where a conflict
exists, the more stringent requirements shall apply.
E.
Oil and gas compressor stations or facilities performing the equivalent
functions shall be constructed so as to mitigate sound levels, or
have installed mitigation devices to mitigate sound levels so as to
prevent such activity from being a nuisance to nearby residential
or public buildings, medical, emergency, or other public facilities.
F.
Effective sound mitigation devices shall be installed to permanent
facilities to address sound levels that would otherwise exceed the
noise level standards.
G.
If a complaint is received by the Township regarding noise generated
during construction or operation of the compressor station, the operator
shall, within 24 hours following receipt of notification, begin continuous
monitoring for a period of 48 hours at the nearest property line to
the complainant's residential or public building or 100 feet from
the complainant's residential or public building, school, medical,
emergency, or other public facilities, whichever is closer. The applicant
shall report the findings to the Township and shall mitigate the problem
to the allowable level if the noise level exceeds the allowable rate.
10.
As a condition of approval, the applicant shall provide all permits
and plans from the DEP and other appropriate regulatory agencies within
30 days of receipt of such permits and plans. A narrative describing
the environmental impacts of the proposed project on the site and
surrounding land and measures proposed to protect or mitigate such
impacts shall be provided to the Township.
11.
Temporary housing for workers is not permitted on site.
[Ord. No. 477, 5/11/2021]
An oil and gas processing plant shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
No oil or gas processing plant or an addition to an existing oil
or gas site shall be constructed or located within the Township unless
a zoning permit under this chapter has been issued by the Township
to the owner or operator approving the construction or preparation
of the site for oil or gas development.
2.
The permit application, or amended permit application, shall be accompanied
by a fee as established by resolution in the Township Fee Schedule.
3.
In addition to other requirements of this chapter, the applicant
shall provide to the Township the following information at the time
of application:
A.
A narrative describing an overview of the project including the number
of acres to be disturbed for development and the location, number,
and description of equipment and structures to the extent known.
B.
A narrative describing an overview of the project as it relates to
the oil or gas processing plant.
C.
The address of the oil or gas processing plant as determined by the
County 911 addressing program and information needed to gain access
in the event of an emergency.
D.
The contact information of the individual or individuals responsible
for the operation and activities of the oil or gas processing plant
shall be provided to the Township and all applicable emergency responders
as determined by the Township. Such information shall include a phone
number where such individual or individuals can be contacted 24 hours
per day, 365 days a year. Annually, or upon any change of relevant
circumstances, the applicant shall update such information and provide
it to the Township and all applicable emergency responders as determined
by the Township.
E.
To the extent that the information has been developed, the applicant
shall provide a plan for the transmission of gas from the site. The
plan will identify, but not be limited to gathering lines, natural
gas compressor stations, and other midstream and downstream facilities
located within the Township and extending 800 feet beyond the Township
boundary.
F.
A site plan of the oil or gas processing plant including any major
equipment and structures and all permanent improvements to the site.
G.
A description of, and commitment to maintain, safeguards that shall
be taken by the applicant to ensure that the Township streets utilized
by the applicant shall remain free of dirt, mud, and debris resulting
from site development activities; and the applicant's assurance that
such streets will be promptly swept or cleaned if dirt, mud, and debris
occur as a result of applicant's usage.
H.
An appropriate site orientation and training course of the preparedness,
prevention, and contingency plan for all applicable emergency responders
as determined by the Township. The cost and expense of the orientation
and training shall be the sole responsibility of the applicant. If
multiple sites are in the same area (covered by the same emergency
response agencies), evidence from the appropriate emergency response
agencies that a training course was offered in the last 12 months
shall be accepted. Site orientation for each oil and gas site shall
still be required for the appropriate emergency responders, as determined
by the Township.
4.
The operator shall comply with any generally applicable bonding and
permitting requirements for Township roads that are to be used by
vehicles for site construction, drilling activities, and site operations.
5.
Access.
A.
Oil and facilities shall be accessed directly from an arterial or
collector street as defined by this chapter.
B.
Accepted professional standards pertaining to minimum traffic sight
distances for all access points shall be adhered to.
C.
Access directly to state roads shall require PennDOT HOP approval.
Prior to initiating any work at a drill site, the Township shall be
provided a copy of the HOP.
D.
Access directly to Township/county roads shall require a driveway
permit/HOP prior to initiating any work at a well site.
6.
Height. Permanent structures associated with the oil or gas processing
plant shall comply with the height regulations for the zoning district
in which the oil or gas processing plant is located.
7.
Setbacks/Location.
A.
Oil or gas processing plants shall comply with all general setback
and buffer requirements of the zoning district in which the processing
plant is located.
B.
Recognizing that the specific location of equipment and facilities
is an integral part of the oil and gas development, and as part of
the planning process, the operator shall strive to consider the location
of its temporary and permanent operations, where prudent and possible,
so as to minimize interference with Township residents' enjoyment
of their property and future development activities as authorized
by the Township's applicable ordinances.
C.
In construction of the processing plant, the natural surroundings
should be considered and attempts made to minimize impacts to adjacent
properties.
8.
Screening and Fencing.
A.
Security fencing shall be at least six feet in height equipped with
lockable gates at every access point and have openings no less than
12 feet wide. Additional lockable gates used to access the oil or
gas processing plant by foot may be allowed, as necessary.
B.
First responders shall be given means to access the oil or gas processing
plant in case of an emergency. Applicant must provide the county 911
communications center necessary information to access the well pad
in the event of an emergency.
C.
Warning signs shall be placed on the fencing surrounding the oil
or gas processing plant providing notice of the potential dangers
and the contact information in case of an emergency.
9.
Lighting.
A.
Lighting at an oil or gas processing plant shall, when practicable,
be limited to security lighting.
B.
All temporary and permanent outdoor lighting shall be shielded and/or
reflected away from adjoining properties so that no direct beam of
light, but only diffuse or reflected light, enters adjoining properties.
10.
Noise. The operator shall take the following steps to minimize, to
the extent possible, noise resulting from the oil or gas well development:
A.
Prior to development, the operator shall establish a continuous seventy-two-hour
ambient noise level at the nearest property line of a residence or
public building, school, medical, emergency, or other public residence
or public facility, or 100 feet from the nearest residence or public
building, school, medical, emergency, or other public residence or
public facility, whichever point is closer to the affected facility.
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 ANSI standard
for sound meters or an instrument and the associated recording and
analyzing equipment which will provide equivalent data.
B.
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 Zoning Officer within three business days of such
a request.
C.
The noise generated during operating hours shall not exceed the average
ambient noise level as determined by the seventy-two-hour evaluation
or default level, whichever is higher.
D.
All permanent facilities associated with oil and gas well sites,
including but not limited to oil and gas compressor stations and processing
plants, shall meet the general noise requirements of this chapter.
Where a conflict exists, the more stringent requirements shall apply.
E.
Oil or gas compressor stations or facilities performing the equivalent
functions shall be constructed so as to mitigate sound levels, or
have installed mitigation devices to mitigate sound levels so as to
prevent such activity from being a nuisance to nearby residential
or public buildings, medical, emergency, or other public facilities.
F.
Effective sound mitigation devices shall be installed to permanent
facilities to address sound levels that would otherwise exceed the
noise level standards.
G.
If a complaint is received by the Township regarding noise generated
during construction or operation of the processing plant the operator
shall, within 24 hours following receipt of notification, begin continuous
monitoring for a period of 48 hours at the nearest property line to
the complainant's residential or public building or 100 feet from
the complainant's residential or public building, school, medical,
emergency, or other public facilities, whichever is closer. The applicant
shall report the findings to the Township and shall mitigate the problem
to the allowable level if the noise level exceeds the allowable rate.
11.
As a conditional of approval, applicant shall provide all permits
and plans from the DEP and other appropriate regulatory agencies within
30 days of receipt of such permits and plans. A narrative describing
the environmental impacts of the proposed project on the site and
surrounding land and measures proposed to protect or mitigate such
impacts shall be provided to the Township.
12.
Temporary housing for workers is not permitted on-site.
[Ord. No. 477, 5/11/2021]
An oil and gas well pad shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
Conditional Use Application. A person or entity desiring approval
of a conditional use application pursuant to this section shall submit
a written application in a form to be prescribed by the Township.
Before submitting the application, the applicant is strongly encouraged
to meet with the Township Manager, Director of Community Development,
or another designee to determine the requirements of and the procedural
steps for the application. The intent of this process is for the applicant
to obtain necessary information and guidance before entering into
any commitments or incurring substantial expenses with regard to the
site and plan preparation. The application shall not be considered
to be complete and properly filed unless and until all items required
by this section, including the application fee, have been received.
Such application shall include the following information and plans:
A.
Payment of an application fee in an amount to be determined from
time to time by the Board of Supervisors as adopted by a fee resolution.
Said fee shall also include a requirement to deposit escrow funds
to be drawn from by the Township for reimbursement of administrative
and engineering and other professional fees associated with review
and inspections to ensure compliance with this chapter. The Township
may adjust the escrow amount from time to time as may reasonably be
required.
B.
Fourteen paper copies and one electronic copy of the completed application
form supplied by the Township along with supporting documentation
as identified in this section.
C.
Written permission from the property owner(s) who has legal or equitable
title in and to the proposed development or facility or demonstrable
documentation of the applicant's authority to occupy the property.
D.
The GPS location and 911 address of the well site.
E.
Copies of any and all permits and applications submitted to all applicable
local, county, state, and federal agencies. Permits and plans shall
include but not be limited to the Pennsylvania DEP well applications
and permit, Erosion and Sediment Control General Permit-2, or current
permit requirement, and all other required erosion and sedimentation,
air, water, and waste management permits.
F.
A site plan prepared by an engineer or surveyor licensed in Pennsylvania
shall be provided to establish compliance with all applicable regulations.
All drilling and production operations, including derricks, vacuum
pumps, compressors, storage tanks, vehicle parking, structures, machinery,
temporary housing, ponds and pits, and ancillary equipment on the
well site shall be identified. All protected structures within 1,500
feet of the property lines of the well site shall be identified. All
roads related to the development or facility must also be shown. A
sufficient number of copies of the site plan shall be provided for
review and comment by all Township emergency service organizations.
2.
Traffic Study.
A.
A description of the transportation and delivery of equipment, machinery,
water, chemicals, products, materials and other items to be utilized
in the siting, drilling, stimulating, completion, alteration and operation
of the development or facility. Such description shall include a map
showing the planned vehicular access roads and the transportation
infrastructure being proposed and the type, weight, number of trucks,
and delivery schedule necessary to support each phase of the development.
B.
An inventory, analysis, and evaluation of existing road conditions
on Township roads along the proposed transportation route identified
by the application, including photography, video, and core boring
as determined to be necessary by the Township Engineer(s).
3.
To the extent that the same is not otherwise included or provided
on copies of applications for permits from the Commonwealth of Pennsylvania
or other governmental units and herewith submitted or where no such
permit is required, the applicant shall provide a water withdrawal
plan for the development identifying the source of water, how many
gallons will be used and withdrawn each day, the origination of the
water, proposed truck routes, and all permits issued by the Commonwealth
of Pennsylvania or any other governmental body. If the development
is to be supplied by way of water lines, the locations of all proposed
water lines are to be identified. The site for the treatment and disposal
of the water shall also be identified. The use of nonpotable water
sources is highly encouraged. The use of injection wells for disposal
of fracking fluid is strongly discouraged. The applicant is required
to use best management practices.
4.
To the extent that the information has been developed, the applicant
shall provide a plan for the transmission of gas from the development.
The plan will identify but not be limited to gathering lines, compressors,
and other mid and downstream facilities located within the Township
and extending 800 feet beyond the Township boundary.
5.
The applicant shall provide a sufficient number of copies to the
Township of the preparedness, prevention, and contingency (PPC) plan
as defined in the PADEP document, "Guidelines for the Development
and Implementation of Environmental emergency response Plans," or
the most recent applicable guidance document, to be distributed to
the Township Manager, the Emergency Management Coordinator, the Fire
Chief, and any other emergency service providers for the Township.
6.
Noise Management Plan.
A.
An acoustics study shall be prepared and submitted with the application.
The study shall be prepared by an acoustics expert(s) acceptable to
the Township. The study shall identify the existing background level
of noise and the anticipated noise impact from the proposed use. The
report shall contain measures of existing ambient measurements, estimates
of the noise measurements to be anticipated from the type of operations
and equipment that are proposed for the use and if there are any significant
increases in those noise levels. The report shall also contain specific
proposals that are intended to reduce noise levels emanating off the
site.
B.
The study shall be based upon actual sound level measurements and
estimates of potential noise impact at the property lines of the site
of the proposed use; or the applicant/developer shall submit a statement
prepared by an engineer warranting that the nature of the use will
produce no impact on acoustics, in regards to the standards of this
section.
7.
Environmental Impact Analysis. To the extent that the same is not
otherwise included or provided within copies of applications for permits
from the Commonwealth of Pennsylvania or other governmental units
and herewith submitted or where no such permit is required, the applicant
shall provide an environmental impact analysis. The environmental
impact analysis shall describe, identify, and analyze all environmental
aspects of the site and of neighboring properties that may be affected
by the proposed operations or the ultimate use proposed to be conducted
on the site. The limits of the impact area to be studied shall be
reviewed and approved by the Planning Commission and the Board of
Supervisors. The environmental impact study shall include, but not
be limited to, all critical impact areas on or off-site that may be
impacted by the proposed or ultimate use of the facility, including
the impact on the critical areas, the protective measures and procedures
to protect the critical areas from damage, and the actions to be taken
to minimize environmental damage to the critical areas on the site
and surrounding areas during and after completion of the operation.
Critical impact areas include, but are not limited to stream corridors;
streams; wetlands; slopes in excess of 25%; sites where there is a
history of adverse subsurface conditions or where available soils
information or other geotechnical data, including data from the Bureau
of Mines indicates the potential for landslides, subsidence, or other
subsurface hazards; Class I agricultural lands; highly acidic or erodible
soils; carbonate or highly fractured bedrock; aquifer recharge and
discharge areas; areas of unique or protected vegetation, wildlife
habitat, and areas of historic, cultural, and/or archaeological significance.
8.
Air Quality Study. To the extent that the same is not otherwise included
or provided within copies of applications for permits from the Commonwealth
of Pennsylvania or other governmental units and herewith submitted
or where no such permit is required, the applicant shall provide an
air quality study. The study shall be prepared by experts acceptable
to the Township and submitted with the application and shall include
an analysis of the existing and predicted air quality levels, including
smoke, odors, fumes, dust, and pollutants at the site. This report
shall contain the sources of the information, the data and background
tests that were conducted, and the conclusions and recommendations
of the professionals preparing the report that would be required to
maintain the air quality at a level equal to or better than the existing
background level prior to the proposed use; or the applicant/developer
shall submit a statement prepared by an engineer warranting that the
nature of the use will produce no impact on air quality.
9.
Hydrological Study. To the extent that the same is not otherwise
included or provided within copies of applications for permits from
the Commonwealth of Pennsylvania or other governmental units, and
herewith submitted or where no such permit is required, the applicant
shall provide a hydrological study. The study shall be prepared by
a hydrogeologist acceptable to the Township. The study shall evaluate
the existing surface and subsurface hydrogeology, based upon historical
data and on-site investigation and studies. The study shall identify
groundwater discharge and recharge areas that may be affected by the
proposed use, map the groundwater table and analyze and delineate
the effects of the proposed use on the hydrology, including surface
and groundwater quantity and quality. Acceptance of the study is subject
to final approval by the Board of Supervisors. If the study shows
an alteration to the groundwater, the application shall be denied.
10.
Predevelopment and Post-Development Soil Testing. Prior to beginning
any oil and gas development activities, the operator shall be responsible
for testing soil conditions within 300 feet each well site. The purpose
of testing is to determine the baseline soil conditions surrounding
the proposed well site and address resultant changes that may occur
or have an impact on the soils of the site and surrounding area.
A.
Predrilling testing results shall be submitted as part of the conditional
use application.
B.
Post-hydraulic fracturing testing shall be completed no sooner than
one month after hydraulic fracturing activities have ceased and no
later than two months after hydraulic fracturing activities have ceased.
C.
The results shall be submitted to the Township and PA DEP within
10 days of their receipt.
D.
The operator shall be responsible for all costs associated with testing
and testing shall be done by an independent state-certified testing
laboratory agreed upon by the Township.
11.
The applicant shall provide any and all waivers from owners of protected
structures.
12.
Scheduling. The applicant shall provide a schedule with the application
indicating the anticipated beginning and ending dates for the following
activities:
13.
Insurance. Applicant shall furnish to the Township a Certificate
of Liability Insurance naming the Township as an additional insured
with respect to operations conducted within the Township, showing
proof of liability insurance covering commercial, personal injury,
and general liability in amounts not less than $25,000,000 per occurrence.
The applicant shall fully defend, protect, indemnify, and hold harmless
the Township, its departments, agents, officers, employees, or volunteers
from and against such and every claim, except for those claims relating
to any negligent, willful, or intentional acts of the Township, its
department, agents, officers, employees, or volunteers. The insurance
coverage may consist of a combination of self-insurance, excess coverage,
and umbrella coverage.
14.
Conditional use approval is nontransferable without consent from
the Board of Supervisors and shall automatically terminate, unless
extended, if drilling is not commenced within one year from the date
of issuance of the approval. The conditional use approval may be extended
by the Board of Supervisors upon written request by the operator,
after notice and hearing. The operator shall provide proof that the
requested conditional use permit for such location has not changed
and that the operator meets all applicable criteria contained in this
section.
15.
General Standards.
A.
Best management practices shall be followed.
C.
Any hazardous or toxic material shall be securely contained, stored,
and removed in accordance with applicable state or federal regulations.
On-site disposal is prohibited. All hazardous materials stored must
be clearly marked, identifying the contents, chemicals, and hazards
as required by the OSHA Hazard Communication Standard 29 CFR 1910.1200
and National Fire Protection Association (NFPA) Code 104 - Standard
System for the identification of the Hazards of Materials for emergency
response. All regulated tanks are to be labeled to an NFPA specification.
D.
Fracture fluid storage ponds, open pits, and reserve pits are highly
discouraged. Closed-loop systems and other related best management
practices, including but not limited to the use of netting over fracture
fluid ponds, shall be used during the drilling or completion of any
well.
E.
Fresh water storage ponds are permitted. The use of nonpotable water
is strongly encouraged.
F.
All operations shall be in accordance with applicable federal laws
and regulations, the Pennsylvania Oil and Gas Act (58 P.S. § 601.101
et seq.), as amended,[2] and pursuant to all other applicable rules, regulations,
and procedures adopted pursuant thereto.
[2]
Editor's Note: The Pennsylvania Oil and Gas Act was repealed
by P.L. 87, No. 13, 2-14-2012; see now 58 Pa.C.S.A. § 3201
et seq.
G.
The operator shall be responsible for prevention and prompt removal
of spills involving waste materials, oil, and toxic or hazardous materials.
H.
Multiple well pad sites on any one oil and gas development shall
be prohibited, unless the operator proves to the satisfaction of the
Township that the underlying geology makes using a single well pad
impractical.
I.
Changes in the site plan, including but not limited to any expansion
of the ground surface area used and/or devoted towards drilling operations,
requires a new conditional use approval pursuant to the terms and
conditions of this section of the chapter.
J.
At least 30 days prior to any development activity at the development
or facility, the operator shall provide the following information
to each property owner within 4,000 feet of the planned surface location
of the development or facility.
(1)
A copy of the site plan submitted as part of the conditional
use application.
(2)
A general description of the planned operations at the development
or facility and associated equipment to be used.
(3)
The contact information for the operator.
(4)
The availability of the operator to hold a meeting locally with
such residents to present the operator's plans for the development
or facility and to allow for questions and answers. The meeting(s)
shall be held prior to the commencement of development activity.
K.
A duly authorized representative of the Township, trained by the
operator or agents of the operator, shall have the authority in relation
to the enforcement of this section to enter upon the property of a
development or facility for the purpose of inspecting the equipment
and all other aspects of the site necessary to assure compliance with
this section.
L.
The operator of any development or facility shall notify the Emergency
Management Coordinator, Township Manager, and Township Engineer no
less than 90 days prior to the startup and abandonment or shutdown
of any well site.
16.
Setbacks/Location.
A.
Oil and well/pads shall comply with all screening and bufferyard
requirements of the zoning district in which the pad/well is located.
B.
In construction of the oil and gas well/pad, the natural surroundings
should be considered, and attempts made to minimize impacts to adjacent
properties.
C.
Wellheads shall be located not less than 500 feet from any protected
structure.
D.
Oil and gas well/pads and all drilling and production operations,
including but not limited to derricks, vacuum pumps, compressors,
storage tanks, vehicle parking, structures, machinery, ponds, pits,
and ancillary equipment, shall be located not less than 500 feet from
the nearest property line.
17.
Traffic Impact.
A.
The proposed routes must be designed to minimize the impact on streets
within the Township. The Township reserves the right to designate
alternate routes in the event that the applicant's proposed routes
are deemed inadequate, unsafe, or overly disruptive to normal vehicular
traffic by the Township. Vehicles are to operate on state roads and
may only use municipal roads when the use of state roads is not feasible.
The operator shall coordinate truck routes with the school bus schedule
so as to minimize interference with transportation of students to
and from school.
B.
Prior to the commencement of any activity at the development or facility,
the operator shall enter into a municipal roadway maintenance and
repair agreement with the Township, in a form acceptable to the Township,
regarding maintenance, repair, and bonding of municipal roads that
are to be used by vehicles for development activities. The applicant
shall take all necessary corrective action and measures as directed
by the Township pursuant to the agreement to ensure the roadways are
repaired and maintained during and at the conclusion of all development
activities.
C.
The operator shall take the necessary safeguards to ensure that the
municipal roads utilized remain free of dirt, mud, and debris resulting
from development activities and/or shall ensure such roads are promptly
swept and cleaned if dirt, mud, and debris occur.
D.
The operator shall take all necessary precautions to ensure the safety
of persons in areas established for road crossing and or/adjacent
to roadways (for example, persons waiting for public or school transportation).
Where necessary and allowed, during periods of anticipated heavy or
frequent truck traffic associated with the development of the facility,
the operator will provide flagmen to ensure the public safety and
include adequate signs and/or other warning measures for truck traffic
and vehicular traffic.
E.
There will be no staging of trucks or equipment on local roads.
F.
A traffic control plan in conformance with PennDOT standards shall
be provided.
18.
Visual.
A.
The oil and gas development or facility shall be located, designed
and constructed to minimize the removal of trees and shrubs, protect
natural resources, and minimize the amount of surface disturbance.
B.
The operator shall not clear brush or trees by way of burning and
shall chip, grind, or remove all tree stumps from properties it clears
for development purposes.
C.
The location and design of structures and site improvements shall
be integrated with the natural color, form, and texture of the surrounding
area.
19.
Lighting.
A.
Lighting at an oil and gas well/pad shall, when practicable, be limited
to security lighting.
B.
All temporary outdoor lighting shall be shielded and/or reflected
away from adjoining properties so that no direct beam of light, but
only diffuse or reflected light, enters adjoining properties.
C.
No site lighting used for or associated with well site construction,
drilling operations, or post-drilling production shall be positioned
in a manner such that it shines directly on public roads, protected
structures, or any property within 3,000 feet of the well site. Site
lighting must be directed downward and shielded to prevent glare on
public roads and adjacent properties.
20.
Air and Water Quality.
A.
Air-contaminant emissions shall be in compliance with all municipal,
county, state, and federal regulations, including, without limitation,
the provisions of this chapter, as amended, and all applicable regulations
for smoke, ash, dust, fumes, gases, odors, and vapors.
B.
The operator shall take the necessary safeguards to ensure appropriate
dust-control measures are in place to prevent visible plumes of dust
from crossing the property line or adversely impacting neighboring
properties.
C.
60 days prior to drilling, the operator shall notify residents with
water wells within 4,000 feet of the gas well of its intentions to
drill. The operator shall provide proof of notice to the Township.
D.
All condensate tanks, compressor stations, processing plants, and
other production facilities shall be equipped with vapor recovery
and/or vapor destruction units.
21.
Noise. The noise operator shall take the following steps to minimize,
to the extent possible, noise resulting from the oil or gas well development.
A.
Prior to development, the operator shall establish a continuous seventy-two-hour
ambient noise level at the nearest property line of a residence or
public building, school, medical, emergency, or other public residence
or public facility, or 100 feet from the nearest residence or public
building, school, medical, emergency, or other public residence or
public facility, whichever point is closer to the affected facility.
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 ANSI's standard
for sound meters or an instrument and the associated recording and
analyzing equipment which will provide equivalent data.
B.
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 Zoning Officer within three business days of such
a request.
C.
The noise generated during operating hours activities shall not exceed
the average ambient noise level as determined by the seventy-two-hour
evaluation or default level, whichever is higher:
(1)
During drilling activities, by more than 10 dBa during the hours
of 7:00 a.m. to 9:00 p.m.
(2)
During drilling activities, by more than seven dBa during the
hours of 9:00 p.m. and 7:00 a.m. or by more than 10 dBa during hydraulic
fracturing operations. The operator shall inform the Township of which
level (average ambient noise level or default level) is being used.
22.
All permanent facilities associated with the oil and gas well/pad
shall meet the general noise requirements of this chapter. Where a
conflict exists the more stringent requirements shall apply.
23.
Oil and gas wells/pads or facilities performing the equivalent functions
shall be constructed so as to mitigate sound levels, or have installed
mitigation devices to mitigate sound levels so as to prevent such
activity from being a nuisance to nearby residential or public buildings,
medical, emergency, or other public facilities.
A.
Effective sound mitigation devices shall be installed to permanent
facilities to address sound levels that would otherwise exceed the
noise level standards.
B.
If a complaint is received by the Township regarding noise generated
during construction or operation of the compressor station the operator
shall, within 24 hours following receipt of notification, begin continuous
monitoring for a period of 48 hours at the nearest property line to
the complainant's residential or public building or 100 feet from
the complainant's residential or public building, school, medical,
emergency, or other public facilities, whichever is closer. The applicant
shall report the findings to the Township and shall mitigate the problem
to the allowable level if the noise level exceeds the allowable rate.
24.
Hazards.
A.
Upon request of the Emergency Management Coordinator, the operator
shall, prior to drilling its first gas well in the Township, make
available with at least 30 days' notice, at the applicant's sole cost
and expense, an appropriate group training program for emergency responders
and Township code enforcement personnel. Such training shall be made
available at least annually during any year that drilling activities
take place at the oil and gas development or facility. Training should
cover each phase of the development from site work to well completion.
The Township shall require a minimum of four hours of annual training,
with additional hours added at the recommendation of the Fire Chief
annually. If additional wells are drilled at the site, the operator
and Emergency Management Coordinator will determine if additional
training is required.
B.
The applicant shall maintain at the property and on file with the
Township a current list and the Material Safety Data Sheets (MSDS)
for all chemicals used in the drilling operations (including but not
limited to types of additives, acids, polymers, salts, surfactants
and solvents) and in any fracturing operations. If the PPC requires
availability and/or utilization of special equipment or supplies particular
to the hazards or conditions addressed in the PPC, the Township shall
require the operator to reimburse the Township for the cost of procurement
of such special equipment or supplies.
25.
Access.
A.
Beginning with its intersection with a public street, any ingress
or egress point for the development or facility shall be paved for
the first 50 feet and improved with limestone or other material for
the next 100 feet in a manner that no water, sediment, or debris will
be carried onto any public street. If any amount of mud, dirt, or
other debris is carried onto public or private ROW from the well site,
the operator shall immediately clean the roads and implement a remedial
plan as directed by the Township to keep the streets continuously
clean.
(1)
The first 50 feet from the existing edge of pavement extending
into the site shall consist of the following material:
B.
Ingress and egress points for all public and private driveways or
roadways shall be located and improved in order to:
(1)
Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy
of Highways by Driveway and Local Roads, PennDOT Design Manual 2.
(2)
Ensure adequate capacity for existing and projected traffic
volume.
(3)
Provide efficient movement of traffic, including appropriate
turning radii and transition grade.
(4)
Minimize hazards to highway users and adjacent property and
human activity.
26.
Geophysical Exploration.
A.
For any areas of the Township where the applicant intends to conduct
seismic testing, a licensed geologist must provide a report regarding
the ability of the land to subside due to the proposed operations.
This report must detail the amount of risk of seismic activity because
of existing subsurface conditions and with the introduction of drilling
and fracking.
B.
The applicant shall post a bond or other security in a form to be
approved by the Township in the amount of $1,000,000 to cover the
cost of any damages as a result of seismic testing.
27.
Storage of Equipment.
A.
No equipment, including drilling, redrilling, reworking, or other
portable equipment, shall be stored on the development or facility
which is not essential to the everyday operation of the development
or facility. This includes the removal of idle equipment unnecessary
for the operation of wells.
B.
Lumber, pipes, tubing, and casing shall not be left on the development
or facility except when drilling or well-servicing operations are
being conducted on the site.
C.
It shall be illegal to park or store any vehicle or item of machinery
on any street, ROW, or in any driveway, alley, or on the development
or facility which constitutes a fire hazard or an obstruction to or
interference with fighting or controlling fires, except that equipment
which is necessary for the maintenance of the development or facility
or for the gathering or transporting of hydrocarbon substances from
the site.
28.
Fencing, Screening, and Buffering.
A.
Security fencing consisting of a permanent galvanized chain-link
fence, a minimum of eight feet in height, topped with either razor
or barbed wire shall be installed prior to the commencement of any
activity at every well site to secure wellheads, storage tanks, separation
facilities, water or liquid impoundment areas, and other mechanical
and production equipment and structures on the well site.
B.
Security fencing shall be equipped with lockable gates at every access
point and having openings no less than 12 feet wide. Gates shall be
kept locked except when being used for access to the site. Additional
lockable gates used to access the well site, freshwater ponds, or
open pits by foot may be allowed, as necessary. The fence posts shall
be set in concrete at sufficient depths to maintain the stability
of the fence.
C.
The Township's first responders shall be given means to access the
well site in case of an emergency via lock box or a Township-approved
equivalent. The applicant must provide the Allegheny County 911 Communications
Center with necessary information to access the development or facility
in case of an emergency.
D.
Warning signs shall be placed on the fencing surrounding the development
or facility, providing notice of the potential dangers and the contact
information in case of an emergency. During drilling and hydraulic
fracturing, clearly visible warning signage must be posted on the
well site.
E.
In construction of the oil and gas development or facility, the natural
surroundings shall be considered, and attempts made to preserve existing
trees and other native vegetation. Existing trees and respective root
systems should not be disturbed whenever possible.
F.
Structure Height. Permanent structures of the oil and gas developments
and facilities (both principal and accessory) shall comply with the
height regulations of the applicable Zoning District.
[Ord. No. 483, 7/13/2021]
An outdoor dining area shall be a permitted conditional use
subject to the following express standards and criteria:
1.
The outdoor dining area shall only be used in conjunction with, and
under the same management and exclusive control of, a restaurant,
bar, tavern, microbrewery/brew pub, food and grocery store, hotel,
or convenience store, located on the same or contiguous property.
2.
Outdoor dining areas shall be located at least 100 feet away from
all residential uses and zoning districts.
3.
Outdoor dining areas shall not be permitted to be located in bufferyards
or required setbacks.
4.
Outdoor dining areas and service areas shall be permanently delineated
on all sides with walls or fencing, and shall be separated from any
adjacent parking lots, driveways, and/or streets by sidewalks and/or
landscaped areas with shrubbery. Walls and fences shall be decorative
in nature. Acceptable materials include wrought iron, tubular steel,
wood, and decorative masonry.
5.
Loudspeakers and live music performance shall not be permitted in
outdoor dining areas located in the MU Mixed Use District.
6.
Additional signage shall not be permitted.
7.
Pedestrian circulation and access to the building entrance shall
not be impaired. A minimum sidewalk width of five feet along the curb
and leading to the entrance to the establishment must be maintained
free of tables, chairs, and other encumbrances. The seating in an
outdoor dining area must be accessible to people with disabilities.
Americans with Disabilities Act (ADA)[1] accessibility requirements must be met within the outdoor
dining area. Five percent, or at least one of the seating spaces in
the outdoor cafe area must be accessible to people with disabilities.
An accessible route connecting the outdoor dining area, the business
entrance, and the restrooms must be provided.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
8.
Operating hours may not exceed the establishments normal hours of
operation. In addition, outdoor dining areas located in the MU Mixed
Use District, shall not operate before 6:00 a.m. or after 11:00 p.m.
[Amended by Ord. No. 498, 6/28/2022]
9.
Outdoor dining areas must comply with all UCC and Fire Code regulations,
including points of egress, access to fire extinguishers, etc.
A.
All tents or canopies used must be fire rated per the building and
fire codes, and the fire rating must be approved must be approved
by the Fire Code Official.
10.
Outdoor dining areas shall follow any other applicable zoning
regulations, such as performance standards, signage requirements,
etc.
[Ord. No. 477, 5/11/2021]
A parking lot, commercial, shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
2.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
3.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
4.
A traffic impact study shall be required for parking lots with more
than 100 spaces. The traffic study shall be reviewed and approved
by the Township Traffic Engineer.
5.
A commercial parking lot shall be screened and buffered in accordance with the requirements of Bufferyard D of this chapter, as outlined in § 27-306.
6.
A street wall, in addition to landscaping, must be provided between
the sidewalk/street and the parking lot.
[Ord. No. 477, 5/11/2021]
A parking structure (commercial) shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
If the parking structure is accessory to the principal use of a lot,
it shall be included in all building coverage calculations.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
4.
A traffic impact study shall be required and shall be reviewed and
approved by the Township Traffic Engineer.
5.
A parking structures shall not be located any closer to an ROW line
or a property line than what is permitted by the building setbacks
defined in Table 12 of this chapter.
[Ord. No. 477, 5/11/2021]
Pet boarding shall be a permitted conditional use subject to
the following express minimum standards and criteria:
1.
Minimum lot size required is one acre in the B-1 Zoning District
and two acres in the B-2 Zoning District.
2.
Minimum lot size required is five acres in the R-1 Zoning District.
3.
No additional residential use may be established on land designated
for use as a pet boarding facility.
4.
The operator or owner of the pet boarding facility must hold all
current and applicable state and local licenses and permits (including
but not limited to those relating to maximum capacity, minimum space
per animal, enclosure or cage specifications, and noise and odor control
requirements).
5.
Any exterior fenced in area wherein animals exercise or are otherwise
exposed must be located a minimum of 50 feet from any adjoining lot
line.
6.
The perimeter of any outdoor runs or exercise areas must be fenced
with weatherproof material, a minimum of six feet in height, and accessible
only through a self-latching gate or a manual latch with a locking
pin.
7.
The portion of the building or structure used to house animals (including
such portions that are below grade level) shall be equipped with code-approved
nontoxic, noise dampening material, or acoustic tile to minimize noise
impact on adjacent uses or structures.
8.
All shelter or kennel areas for animals shall be located completely
indoors.
[Ord. No. 477, 5/11/2021]
A pharmacy shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
2.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
3.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
Place of worship shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The minimum lot area shall be one acre.
2.
A place of worship's primary visitor dropoff and pickup area shall
be located in a manner that minimizes detrimental traffic impacts
(both pedestrian and vehicular) on the surrounding neighborhood.
3.
A traffic impact study shall be required to be submitted whereas
the proposed development which according to the ITE standards will
generate 100 trips in addition to the adjacent roadway's peak hour
volumes. A description of future LOS and their compliance with standards
for traffic capacity of streets, intersections and driveways shall
be provided. New streets shall be designed for adequate traffic capacity.
All reference to LOS shall be defined by the Highway Capacity Manual,
published by Transportation Research Board. These standards may be
waived by the Township if sufficient evidence is provided that the
criteria cannot be met with reasonable mitigation.
4.
The number of points of ingress/egress shall be based upon projected
peak hour traffic for the use and approved by the Township Engineer
to ensure employee and visitor safety.
5.
Hours of operation and events shall be scheduled to minimize negative
impacts on the surrounding neighborhood.
6.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
7.
For parking demands greater than 300 automobiles, additional setbacks,
screening and buffering of off-street parking and loading areas may
be required to be provided in order to protect the surrounding neighborhood
from inappropriate noise, dust, light, and other disturbances.
[Ord. No. 483, 7/13/2021]
Planned Nonresidential Development shall be a permitted conditional use subject to the express standards and criteria found in § 27-1303: PNRD Conditions.
[Ord. No. 477, 5/11/2021]
A police station shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
2.
The point of vehicular access shall be located in a manner that minimizes
detrimental traffic impacts (both pedestrian and vehicular) on the
surrounding neighborhood and subject property.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
4.
The site shall be serviced by public water and public sewer systems.
5.
Vehicular and pedestrian access to the proposed station shall be
designed and provided to maximize pedestrian and vehicle safety.
6.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A public utility building and public utility transmission facility
shall be a permitted conditional use subject to the following express
minimum standards and criteria:
1.
Ingress to and egress from the facility shall be permitted by roads
to serve only the public utility building or transmission facility,
unless approved by the Board of Supervisors.
2.
A nonclimbable security fence at least eight feet in height shall
be installed around all portions of the facility.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
[Ord. No. 477, 5/11/2021]
A railroad facility shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Ingress to and egress from the facility shall be permitted by roads
to serve only the public utility building or transmission facility,
unless approved by the Board of Supervisors.
2.
A nonclimbable security fence at least eight feet in height shall
be installed around all portions of the facility.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
[Ord. No. 477, 5/11/2021]
A railroad freight transloading and distribution terminal shall
be a permitted conditional use subject to the following express minimum
standards and criteria:
1.
Ingress to and egress from the facility shall be permitted by roads
to serve only the public utility building or transmission facility,
unless approved by the Board of Supervisors.
2.
A nonclimbable security fence at least eight feet in height shall
be installed around all portions of the facility.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
[Ord. No. 477, 5/11/2021]
A recreation facility shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
All recreation facilities shall be located along an arterial or collector
road as defined by this chapter.
2.
All off-street parking areas located adjacent to residences shall reduce exterior lights to half power after 11:00 p.m. and shall be screened by Bufferyard B as defined by § 27-306.
3.
All off-street parking shall be located on the lot.
4.
All facilities shall have a minimum of two points of ingress and
egress.
5.
All dumpsters, not incorporated into the principal building, shall
be located in the rear yard setback and shall be screened with masonry.
All screens shall be a minimum of eight feet high and shall have a
minimum opacity of 80%.
6.
All ingress and egress to and from the site shall be so situated
as not to interfere with through traffic movements on adjacent streets.
7.
The use shall comply with the performance standards of Part 8.
[Ord. No. 477, 5/11/2021]
Recreation, indoor shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
All indoor recreation facilities shall be located along an arterial
or collector road as defined by this chapter.
2.
All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 11:00 p.m. and shall be screened by Bufferyard A as defined by § 27-306.
3.
Grass, sod, or turf shall not be considered an acceptable plant for
use within the landscaped bufferyards.
4.
All off-street parking shall be located on the lot.
5.
All lots used for commercial indoor recreation facilities shall have
a minimum of two points of ingress and egress.
6.
All dumpsters, not incorporated into the principal building, shall
be located in the rear yard setback and shall be screened with masonry.
All screens shall be a minimum of eight feet high and shall have a
minimum opacity of 80%.
7.
All indoor recreation facilities shall have a maximum gross floor
area of 40,000 square feet.
[Ord. No. 477, 5/11/2021]
Recreation, Outdoor shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
A minimum site size of one acre shall be required.
2.
All principal structures shall be located at least 40 feet from any
property line.
3.
Parking shall be provided in accordance with the parking requirements
as outlined in Part 9.
4.
Screening by Bufferyard B, as defined by § 27-306, shall be provided along all lot lines adjoining residential use or residential zoning districts.
5.
All lighting shall be shielded from adjacent streets and properties.
6.
The use shall comply with the performance standards of Part 8.
7.
Any facility located within 200 feet of a property line adjoining
a residential use or residential zoning district shall cease operations
at 12:00 midnight.
8.
All ingress and egress to and from the site shall be so situated
as not to interfere with through traffic movements on adjacent streets.
[Ord. No. 477, 5/11/2021]
A recycling business shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The perimeter of the property shall be enclosed with a fence or wall
no higher than eight feet and no lower than six feet in height. Barbed-wire
fences are prohibited.
2.
Requirements for indoor and outdoor storage are listed in the table
below:
|
Table 11 Recycling Requirements
| ||
|---|---|---|
|
Type of Recyclable
|
Under Roof Y/N
|
Need to Be Covered Y/N
|
|
Beverage containers
|
No
|
No
|
|
Demolition debris
|
No
|
No
|
|
Electronics
|
Yes
|
N/A
|
|
Metal
|
No
|
No
|
|
Oil
|
Yes
|
N/A
|
|
Paper
|
Yes
|
N/A
|
|
Plastic
|
No
|
No
|
|
Rubber products
|
No
|
Yes
|
|
Tires
|
Yes
|
Yes
|
A.
Batteries and other items considered hazardous waste shall not be
kept on site.
B.
Recycled oil shall be kept in an enclosed container at all times.
C.
Any item that would create a hazardous runoff shall be kept under
a roof or covered at all times.
D.
Items such as newspaper, office paper, plastic, and drinking containers
shall be secured so that they are not affected by the wind.
E.
No pile of recyclables shall exceed 20 feet in height.
[Ord. No. 477, 5/11/2021]
A repossession business shall be a permitted conditional use
subject to the following express minimum standards and criteria:
[Ord. No. 477, 5/11/2021]
A research and development facility shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light, or other disturbance or interruption.
2.
Loading areas shall not be visible from a street ROW or an adjacent
residential dwelling.
3.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
4.
The storage, use, or manufacture of hazardous or potentially hazardous
materials shall be limited to those materials required to be used
by or produced in connection with the research and development activity,
and the transportation, handling, use, and disposal of such materials
shall conform with all applicable regulations and permit requirements
of the EPA and DEP. An inventory of hazardous, toxic, corrosive, flammable,
carcinogenic or explosive materials, chemicals, liquids, gases, or
solids shall be updated annually and submitted to the Township for
record.
5.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
6.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
7.
The location of buildings and structures shall be designed to minimize
impact on adjacent residential properties.
[Ord. No. 477, 5/11/2021]
A restaurant shall be a permitted conditional use subject to
the following express minimum standards and criteria:
1.
The hours of operation and activities for a restaurant shall be appropriately
scheduled to protect adjoining neighborhoods from detrimental noise,
disturbance, or interruption.
2.
A traffic impact study shall be required to be submitted whereas
the proposed development which according to the ITE standards will
generate 100 trips in addition to the adjacent roadway's peak hour
volumes. A description of future LOS and their compliance with standards
for traffic capacity of streets, intersections and driveways shall
be provided. New streets shall be designed for adequate traffic capacity.
All reference to LOS shall be defined by the Highway Capacity Manual,
published by Transportation Research Board. These standards may be
waived by the Township if sufficient evidence is provided that the
criteria cannot be met with reasonable mitigation.
3.
The number of points of ingress/egress shall be based upon projected
peak hour traffic for the use and approved by the Township Engineer
to ensure employee and visitor safety.
4.
All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in Part 9 of this chapter.
5.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
6.
All dumpsters shall be located in the rear setback yard and shall
be screened appropriately. All screens shall have a length of eight
feet in height and shall have a minimum opacity of 80%.
7.
Mechanical equipment location(s) are subject to Board of Supervisor
approval and shall be designed and screened so that visibility from
an adjacent residential zoning district is minimized to the greatest
extent possible.
8.
No more than one sign shall be permitted. Said sign shall be a ground
or a wall sign.
9.
If the proposed restaurant contains a drive-through facility, it
shall also meet the conditional use criteria for a "drive-through
facility" as outlined in this chapter.
10.
The location of buildings and structures shall be designed to
minimize impact on adjacent residential properties.
11.
The site shall be connected to public water and public sewer
systems.
12.
Vehicular and pedestrian access to the proposed development
shall be designed and provided to maximize pedestrian and vehicle
safety.
13.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A takeout only restaurant shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
The hours of operation and activities for a takeout only restaurant
shall be appropriately scheduled to protect adjoining neighborhoods
from detrimental noise, disturbance, or interruption.
2.
All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in Part 9 of this chapter.
3.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
4.
All dumpsters shall be located in the rear setback yard and shall
be screened appropriately. All screens shall have a length of eight
feet in height and shall have a minimum opacity of 80%.
5.
Mechanical equipment location(s) are subject to Board of Supervisor
approval and shall be designed and screened so that visibility from
an adjacent residential zoning district is minimized to the greatest
extent possible.
6.
No more than one sign shall be permitted. Said sign shall be a ground
or a wall sign.
7.
If the proposed takeout only restaurant contains a drive-through
facility, it shall also meet the conditional use criteria for a "drive-through
facility" as outlined in this chapter.
8.
The location of buildings and structures shall be designed to minimize
impact on adjacent residential properties.
9.
The site shall be connected to public water and public sewer systems.
10.
Vehicular and pedestrian access to the proposed development
shall be designed and provided to maximize pedestrian and vehicle
safety.
11.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A retail store shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The structure associated with the retail store shall not exceed 5,000
square feet in gross floor area.
2.
No shipping or receiving shall be permitted within 300 feet of property
in a residential zoning district between the hours of 9:00 p.m. and
7:00 a.m.
3.
All property lines adjoining residential use or residential zoning district shall be screened by Bufferyard A, as defined by § 27-306 of this chapter.
4.
Building setbacks shall be consistent with the existing building
setbacks of adjoining lots.
5.
As a part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination, when
measured at a lot line, shall be a maximum of one footcandle. Lighting
levels shall also be reduced by half their standard operating power,
between 11:00 p.m. and 6:00 a.m.
6.
Exterior storage shall not be permitted to occur as a part of a retail
store that is less than 5,000 square feet.
7.
Parking for a retail store shall be located in the side and/or rear
yards of a lot, where practical.
8.
The location of buildings and structures shall be designed to minimize
impact on adjacent residential properties.
9.
The site shall be connected to public water and public sewer systems.
10.
Vehicular and pedestrian access to the proposed development
shall be designed and provided to maximize pedestrian and vehicle
safety.
11.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A retail store shall be permitted as a conditional use subject
to the following express minimum standards and criteria:
1.
The structure associated with the retail store shall not exceed 20,000
square feet in gross floor area.
2.
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhood.
3.
All property lines adjoining residential use or residential zoning district shall be screened by Bufferyard A, as defined by § 27-306 of this chapter.
4.
Building setbacks shall be consistent with the existing building
setbacks of adjoining lots.
5.
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination on a lot,
when adjacent to a residential district, shall be a maximum of one
footcandle. Lighting levels shall also be reduced by half their standard
operating power, between 11:00 p.m. and 6:00 a.m.
6.
The location and arrangement of parking on a lot shall be designed
and constructed so that general safety and circulation is optimized
and so that the impact of vehicles and lighting on ROWs or residential
activity in proximity to the lot is minimized The Township reserves
the right to increase bufferyard requirements, require parking to
be located behind the minimum front principal building setback, or
to designate other measures on the lot in order to maximize safety
and/or minimize impacts to surrounding uses.
7.
The ground surface of off-street parking shall be paved with bituminous,
brick, concrete, or stone block paving material to protect the surrounding
neighborhood from inappropriate dust or other disturbances.
8.
Exterior storage shall not be permitted to occur as a part of a retail
store that is between 5,000 and 20,000 square feet.
9.
The location of buildings and structures shall be designed to minimize
impact on adjacent residential properties.
10.
The site shall be connected to public water and public sewer
systems.
11.
Vehicular and pedestrian access to the proposed development
shall be designed and provided to maximize pedestrian and vehicle
safety.
12.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A retail store greater than 20,000 square feet shall be a permitted
conditional use subject to the following express minimum standards
and criteria:
1.
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhood.
2.
Any outdoor storage areas shall be completely enclosed by a security
fence and shall be screened by fence or masonry wall which is at least
six feet in height and is 100% opaque unless otherwise defined by
this chapter.
3.
All property lines adjoining residential use or zoning district shall be screened by Bufferyard A, as defined by § 27-306 of this chapter.
4.
Building setbacks shall be consistent with the existing building
setbacks of adjoining lots.
5.
As a part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination on
a lot, when adjacent to a residential district, shall be a maximum
of one footcandle. Lighting levels shall also be reduced by half their
standard operating power, between 11:00 p.m. and 6:00 a.m.
6.
The location and arrangement of parking on a lot shall be designed
and constructed so that general safety and circulation is optimized
and so that the impact of vehicles and lighting on ROWs or residential
activity in proximity to the lot is minimized The Township reserves
the right to increase bufferyard requirements, require parking to
be located behind the minimum front principal building setback, or
to designate other measures on the lot in order to maximize safety
and/or minimize impacts to surrounding uses.
7.
The ground surface of off-street parking shall be paved with bituminous,
brick, concrete, or stone block paving material to protect the surrounding
neighborhood from inappropriate dust or other disturbances.
8.
The site shall be connected to public water and public sewer systems.
9.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
10.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
[Ord. No. 477, 5/11/2021]
A roadside stand, principal, shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
A current peddler's license shall be displayed on the premises.
2.
Principal use roadside stands shall meet the same setbacks required
for primary structures located in the applicable zoning district.
3.
All parking for salespeople and customers shall be on the property
of the landowner and there shall be no parking permitted on an ROW.
[Ord. No. 477, 5/11/2021]
A salt storage facility shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
All salt piles must be covered with a roof in order to prevent runoff
into public or private sewer inlets.
[Ord. No. 477, 5/11/2021]
A salvage/junkyard shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The site must be a minimum of 10 acres.
2.
The site shall be maintained so as to not constitute a nuisance or
a menace to public health and safety.
3.
No garbage, organic waste, or hazardous waste shall be stored, buried,
or disposed of on the site.
4.
The manner of storage of junk shall be arranged in such a fashion
that aisles of a minimum width of 25 feet between rows of junk are
maintained in order to facilitate access for firefighting and to prevent
the accumulation of stagnant water. The proposed layout of the junkyard
shall be indicated on the site plan submitted with the application.
5.
No junk shall be stored or accumulated, and no structure shall be
constructed within 50 feet of any dwelling unit or within 25 feet
of any other parcel line or ROW of a public street.
6.
The site shall be enclosed by a metal chain-link fence not less than
eight feet in height supported on steel posts with self-latching gate.
7.
The fence shall be supplemented with screening material which creates
a visual barrier that is at least 80% opaque.
8.
No vehicles or material related to the principal use shall be stacked
higher than the visual barrier.
9.
The Board of Supervisors may impose restrictions on access to the
facility, storage of vehicles or materials on the premises, hours
of operation, and other such matters as they deem necessary to ensure
that there is not adverse impact upon the functioning of the district
or adjacent parcels.
10.
Outdoor lighting, if any, shall be shielded and/or reflected
away from adjoining properties and shall not exceed one footcandle.
[Ord. No. 477, 5/11/2021]
A school shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
The number of off-street parking and loading spaces shall be provided as defined Part 9 of this chapter.
2.
Operations shall be regulated so that nuisances such as visual blight,
glare, and noise shall not be created.
3.
Lighting fixtures for the illumination of parking and service areas
shall be designed to minimize illumination levels to one footcandle
when measured from an adjacent lot line. Lighting levels shall also
be reduced by 0.5 their standard operating power, between 11:00 p.m.
and 6:00 a.m.
[Ord. No. 477, 5/11/2021]
A service station shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The standards for "gas/fuel station" in this Part 6 shall apply.
[Ord. No. 477, 5/11/2021]
A shopping center shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Any shopping center proposed with an anchor tenant space shall provide
an outdoor public plaza, open space, or similar pedestrian amenity
equal to 5% of the lot area. This required amenity shall be constructed
as part of Phase I should the project be constructed in phases.
2.
All buildings shall provide a prominent and highly visible street-level
doorway or entrance along the front or side of the building which
faces a street.
3.
Sidewalks shall extend from the main entry point and link to the
public sidewalk, if applicable.
4.
The street-level facade of any building facing a street shall be
transparent (incorporate windows) between a minimum of three feet
and eight feet in height for no less than 60% of the horizontal length
of the structure facing the street.
5.
Surface treatments to create visual interest, such as cornices, brackets,
window, and door moldings and details, recesses, projections, awnings,
porches, steps, decorative finish materials, and other architectural
articulation, shall be required along facades facing streets. At least
two such surface treatments must be provided along the facade.
6.
Any drive-through proposed with a tenant space shall be designed
in accordance with the provisions of this chapter and shall require
conditional use approval for a "drive-through facility" as defined
in this chapter.
[Ord. No. 477, 5/11/2021]
A short-term rental, principal, shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
Accessory or principal use short-term rental units shall provide the required off-street parking as specified in Part 9 of this chapter.
2.
The owner and operator of the short-term rental shall be responsible
for the conduct and safety of guests and shall be available to respond
to inquiries and promptly resolve any issues caused by guests.
[Ord. No. 477, 5/11/2021]
A skilled nursing facility shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The standards for "care facilities and senior housing" in this Part
6 shall apply.
[Ord. No. 477, 5/11/2021]
A large solar energy facility shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The layout, design, and installation of large solar energy production
facilities shall conform to applicable industry standards, including
those of the ANSI, Underwriters Laboratories, the American Standards
Technical Manual, or other similar certifying organizations, and shall
comply with the UCC, Act 45 of 1999, as amended and with all other
applicable fire and life safety requirements. The manufacturer specifications
shall be submitted as part of the application.
2.
All on-site utility and transmission lines extending to and from
the large solar energy production facility shall be placed underground.
3.
All large solar energy production facilities shall be designed and
located in order to prevent reflective glare toward any inhabited
buildings on adjacent properties as well as adjacent street ROW.
4.
Large solar energy production facilities mounted on the roof of any
building shall be subject to the maximum height regulations specified
within each zoning district.
5.
The owner shall provide evidence in the form of stamped plans certified
by a professional engineer that the roof is structurally sound.
6.
All ground-mounted and freestanding solar collectors of large solar
energy production facilities shall be completely enclosed by a minimum
eight-foot-high fence with a self-locking gate.
7.
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
8.
For a building-mounted system installed on a sloped roof that faces
the front yard, the system must be installed at the same angle as
the roof on which it is installed with a maximum distance, measured
perpendicular to the roof, of 18 inches between the roof and the highest
edge of the system.
9.
Building-mounted systems mounted on a flat roof shall not be visible
from the public ROW immediately adjacent to the property at ground
level. System components can be screened with architectural treatments
such as a building parapet walls or other screening or by setting
the system back from the roof edge in such a way that it is not visible
from the public ROW at ground level.
10.
For a building-mounted system installed on a sloped roof, the
highest point of the system shall not exceed three feet above the
highest point of the roof line to which it is attached.
11.
For a building-mounted system installed on a flat roof, the
highest point of the system shall not exceed six feet above the roof
to which it is attached.
12.
The surface area of ground-mounted systems, regardless of the
mounted angle of any portion of the system is considered impervious
surface and shall be calculated as part of the lot coverage limitations
for the zoning district in which it is located.
13.
No signage or graphic content may be displayed on the system
except the manufacturer's badge, safety information and equipment
specification information. Said information shall be depicted within
an area no more than 36 square inches in size.
14.
Vacation, Abandonment, and/or Decommissioning of Solar Facilities:
A.
The solar energy production facility owner is required to notify
the Township immediately upon cessation or abandonment of the operation.
B.
Discontinuation/abandonment is presumed when a solar system
has been disconnected from the net metering grid for a period of six
continuous months or has not produced electricity for a period of
six months. The burden of proof in the presumption of discontinuation/abandonment
shall be on the Township.
C.
The solar facilities and all related equipment must be removed
within 12 months of the date of discontinuation or abandonment or
upon the determination of the useful life of the solar system.
D.
For ground-mounted and building-mounted systems, removal includes
removal of all structural and electrical parts of the ground- or building-mounted
system and any associated facilities or equipment and removal of all
net metering equipment.
E.
If the owner fails to remove or repair the vacated, abandoned
or decommissioned solar facilities within the twelve-month period
outlined above, the Township reserves the right to enter the property,
remove the system, and charge the landowner and/or facility owner
and operator for all costs and expenses including reasonable attorney's
fees or pursue other legal action to have the system removed at the
owners expense.
F.
Any unpaid costs resulting from the Township's removal of a
vacated, abandoned, or decommissioned solar system shall constitute
a lien upon the property against which the costs were charged. Each
such lien may be continued, recorded, and released in the manner provided
by the general statutes for continuing, recording, and releasing property
tax liens.
15.
At the time of issuance of the permit for construction of the
large solar energy facility, the owner shall provide financial security
in a form and amount acceptable to the Township to secure the expense
of dismantling and removing said structures.
[Ord. No. 477, 5/11/2021]
Solid waste facilities shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
The minimum site area required shall be 50 acres.
2.
Ingress to and egress from solid waste facilities shall be permitted
by roads to serve only the solid waste facilities. Street design shall
allow a weight limit of 19,000 pounds per axle. Approach and departure
traffic routes for a solid waste facility shall not be permitted through
local streets primarily intended to provide access to residences in
a neighborhood.
3.
A nonclimbable security fence at least eight feet in height shall
be installed around all portions of solid waste facilities directly
involved in the storage, handling, and disposal of solid waste.
4.
All buildings or structures used for the storage, treatment, processing,
recycling, collection, recovery, or disposal of solid waste shall
be located at least 500 feet from any exterior property line when
such property line abuts a residential zoning district.
5.
The hours of operation shall be limited from 7:00 a.m. to 7:00 p.m.,
except that the hours of operation may be extended when the DEP certifies
that sanitation conditions require an extension of operating hours.
6.
Municipal solid waste landfills shall be covered in accordance with
the DEP. Exterior lighting shall not cause illumination in excess
of one footcandle at any property line, except that internally illuminated
signs at the entrance to the landfill may exceed this standard where
necessary.
7.
A tire washing station shall be located on the site for service trucks
exiting the facility.
8.
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 the zoning certificate 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 that have been damaged shall be determined by
inspection of the Township Engineer and shall be reconstructed to
current Township Specifications for Street Construction.
9.
Transfer station operations shall not be conducted within 200 feet
of any property lines adjoining residential use or residential zoning
district.
10.
Incinerator and landfill facilities shall not be located within
500 feet of any property lines adjoining a residential use or residential
zoning district.
11.
The applicant shall show compliance with applicable state and
federal laws regulating landfills, transfer facilities, incinerators,
and recovery facilities.
12.
The required state or federal permits shall be maintained throughout
the duration of all operations.
13.
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 zoning certificate or enforcement
of the penalty provisions of this chapter or both.
14.
In January of each year, the operator shall apply to the Zoning
Officer for renewal of the zoning certificate and shall present evidence
of continuing compliance with all conditions of approval and require
state or federal permits.
[Ord. No. 477, 5/11/2021]
A commercial stable shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The minimum lot size required for a commercial stable shall be 10
acres.
2.
One horse or pony shall be permitted on the first three acres of
land. One additional horse or pony shall be permitted for each additional
acre over three acres.
3.
No stables or other buildings in which animals are kept or manure
is stored shall be located within 75 feet of any lot line or within
100 feet of any occupied dwelling, other than the stable owner's dwelling.
4.
No grazing of any animals shall be permitted closer than 100 feet
from any occupied dwellings within the parcel or located on an adjacent
parcel, excluding the stable owner's dwelling.
5.
The owner or operator shall not permit litter and droppings from
the horses or other animals to collect so as to result in the presence
of fly larvae or objectionable odors.
6.
The area of the lot used for grazing shall be adequately fenced to
properly enclose the animals and to protect adjacent lots.
8.
The minimum accessory building setbacks are the same as the principal
building setbacks.
9.
Maximum structure height is 35 feet.
10.
Maximum lot coverage is 30%.
[Ord. No. 477, 5/11/2021]
A storage yard shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The applicant shall provide to the Township at the time of application
the following information:
2.
Storage yards shall not be used to:
3.
No outdoor storage shall be permitted in the required setback areas.
4.
All organic rubbish or waste materials shall be stored in airtight,
verminproof containers.
5.
Outdoor storage of vehicles, including but not limited to automobiles,
buses, motorcycles, recreational vehicles (RVs), watercraft, and similar
machines shall conform to the following standards:
[Amended by Ord. No. 483, 7/13/2021]
A.
All vehicles stored in identified storage areas shall be operable
and have current vehicle registration and/or inspection, as required.
6.
Storage of any repossessed, disabled, wrecked, unlicensed, or partially
dismantled vehicle is not permitted.
[Amended by Ord. No. 483, 7/13/2021]
7.
All driveways, access roads, required parking areas and outdoor storage
areas located within the storage yard must be paved with an impervious
surface (asphalt, concrete, etc.);
[Amended by Ord. No. 483, 7/13/2021]
8.
The storage yard shall be set back a minimum of 50 feet from any
property bearing a residential dwelling.
[Amended by Ord. No. 483, 7/13/2021]
9.
Specific standards for storage yards permitted as an accessory use
are as follows:
A.
All storage yards related to the principal use are permitted only
in the rear yard and at least 50 feet from a residential zoning district.
B.
The designated storage area shall not include the required parking
for the permitted principal use.
C.
Storage areas shall not create traffic hazards or block pedestrian
or vehicular circulation.
D.
The storage yard shall be screened from the adjoining parcels as required by the bufferyard standards defined in § 27-306 this chapter. A storage yard shall be considered an industrial use when interpreting the required bufferyard chart (Table 6).
E.
The total square footage of the accessory storage yard shall not
exceed 50% of the total square footage of the principal building of
structure.
[Ord. No. 483, 7/13/2021]
F.
In addition to any other required landscaping, the storage yard shall
be screened from the public roadway by a solid vegetated hedge or
opaque fence that is a minimum of six feet in height.
[Ord. No. 483, 7/13/2021]
10.
Specific standards for storage yards permitted as a principal
use are as follows:
A.
The storage yard shall be screened from the adjoining parcels as required by the bufferyard standards defined in § 27-306 of this chapter. A storage yard shall be considered an industrial use when interpreting the required bufferyard chart (Table 6).
B.
In addition to any other required landscaping, the storage yard
shall be screened from the public roadway by a solid vegetated hedge
or opaque fence that is a minimum of six feet in height.
[Amended by Ord. No. 483, 7/13/2021]
C.
Storage yards are not permitted as a principal use within a
planned nonresidential development (PNRD).
[Ord. No. 483, 7/13/2021]
[Ord. No. 477, 5/11/2021]
A tattoo parlor shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The facility shall operate in compliance with all applicable rules
and regulations of the Commonwealth of Pennsylvania and the Allegheny
Health Department.
2.
The location of buildings or structures shall be designed to minimize
impact on adjacent residential properties.
3.
The site shall be serviced by and connected to public water and public
sewer systems.
4.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
[Ord. No. 477, 5/11/2021]
A tavern or bar shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m.
prevailing time, and the establishment may not be open to the public
during those hours.
2.
The establishment shall not be located closer than 600 feet to another
similar existing use.
3.
Operations shall be regulated so that nuisances such as excessive
noise levels shall not be created. The Township may attach such reasonable
conditions as it deems necessary to ensure the operation complies
with this requirement.
[Ord. No. 477, 5/11/2021]
A theater shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhoods.
2.
The primary visitor dropoff and pickup area shall be located in a
manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood and subject property.
3.
The site shall be served by and connected to a public water and public
sewer system.
4.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. (or one hour
after the last movie/show is completed, whichever is later) and 6:00
a.m., prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
5.
The scale, massing, and building design shall be compatible with
the surrounding neighborhood.
6.
Applicants must clearly demonstrate that the use will be compatible
with the existing neighborhood, particularly with regard to traffic
circulation, parking, and appearance.
7.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
8.
The vehicular and pedestrian circulation system shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
9.
A traffic impact study is required and shall be reviewed and approved
by the Township Traffic Engineer.
[Ord. No. 477, 5/11/2021]
A theater, drive in, shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
The standards for "theater" in this Part 6 shall apply.
2.
The minimum lot size required shall be 10 acres.
3.
Drive-in aisles shall be designed to provide sufficient stacking
area, outside the setbacks, to accommodate a minimum of five vehicles,
and shall be located so that cars waiting in the aisles do not impede
vehicular access to or circulation on the site or the public ROW.
4.
All aisles shall be a minimum of 12 feet wide.
[Ord. No. 477, 5/11/2021]
Towing or other road services shall be a permitted conditional
use subject to the following express minimum standards and criteria:
[Ord. No. 477, 5/11/2021]
A transfer facility or resource recovery facility shall be a
permitted conditional use subject to the following express minimum
standards and criteria:
1.
The minimum site area shall be 50 acres for a transfer facility or
resource recovery facility.
2.
The site shall have frontage on and direct vehicular access to an
arterial road, as defined by this chapter.
3.
The driveway or haul road entering the site from a public street
shall be paved for a distance of 500 feet from the public street.
4.
A tire washing station shall be located on the site or service trucks
exiting the facility.
5.
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 the zoning certificate 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 that have been damaged shall be determined by
inspection of the Township Engineer and shall be reconstructed to
current Township Specifications for Street Construction.
6.
Transfer facility operations shall not be conducted within 200 feet
of any property lines adjoining residential use or residential zoning
district. Resource recovery facilities shall not be located within
500 feet of any property lines adjoining a residential use or residential
zoning district.
7.
All lot lines adjoining an existing residential use or a residential zoning district shall be screened by Bufferyard A as defined by § 27-306 of this chapter.
8.
Fencing at least eight feet in height and with a minimum capacity
of 80% shall be provided around any work area for security and to
control windblown refuse.
9.
The applicant shall show compliance with applicable state and federal
laws regulating landfills, transfer facilities, incinerators, and
recovery facilities.
10.
The required state or federal permits shall be maintained throughout
the duration of all operations.
11.
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 zoning certificate or enforcement
of the penalty provisions of this chapter or both.
12.
In January of each year, the operator shall apply to the Zoning
Officer for renewal of the zoning certificate and shall present evidence
of continuing compliance with all conditions of approval and require
state or federal permits.
[Ord. No. 477, 5/11/2021]
A vehicle rental facility shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
The minimum lot area required shall be one acre.
2.
The property shall have frontage on and direct vehicular access to
an arterial or collector street.
3.
The area used for display of automobiles and related merchandise
offered for sale and the area used for parking of customer and employee
vehicles shall be continuously paved and mud-free.
4.
All lots used for the outdoor display of vehicles shall have a completely
enclosed building on the same lot.
5.
No vehicle or other merchandise displayed outdoors shall be less
than five feet from any property line. No vehicle shall be parked
on adjacent property or in any public street ROW.
6.
No vehicle shall be displayed or offered for sale which does not
have all of the mechanical and body components necessary for the safe
and lawful operation thereof on the streets and highways of the commonwealth.
7.
All on-site lighting shall be located at least 10 feet from any street
ROW or property line, and all lighting shall be shielded and reflected
away from adjacent streets and properties.
8.
All required off-street parking spaces shall be reserved exclusively
for the parking of customer and employee vehicles and shall not be
used for the display of merchandise.
9.
Customer vehicles with external damage awaiting repairs shall be
located either inside a building or in an outdoor area which is screened
by a six-foot-high compact hedge or opaque fence.
[Ord. No. 477, 5/11/2021]
A vehicle repair garage shall be a permitted conditional use
subject to the following minimum standards and criteria:
1.
Such use shall not be located within 100 feet of any lot line adjoining
residential use or residential zoning district.
2.
Bufferyard B, as defined by § 27-306 of this chapter, shall be provided along all lot lines adjoining an existing residential use or residential zoning district.
3.
There shall be no storage of parts or dismantled vehicles outside
an enclosed building.
4.
All repair work shall be performed within an enclosed building, which
has adequate ventilation and fire protection provisions.
5.
All towed vehicles shall be stored on the premises and no vehicle
shall be stored or dismantled on any public street.
6.
Vehicles or equipment awaiting repair shall be kept in an enclosed
wall or building or in an outdoor area which is screened by an eight-foot-high
hedge or opaque fence within a minimum capacity of 80%.
7.
The premises shall be kept clean and shall be maintained so as to
not constitute a nuisance or menace to public health and safety.
[Ord. No. 477, 5/11/2021]
A vehicle sales facility shall be permitted as a conditional
use subject to the following express minimum standards and criteria:
1.
The minimum site area shall be two acres.
2.
The site shall have frontage on and direct vehicular access to an
arterial road as defined by this chapter.
3.
The dealer shall provide an indoor showroom for the new equipment
or vehicles.
4.
Only vehicles in "showroom condition" may be displayed on the property
forward of the building setback line.
5.
All vehicles not in "showroom condition" (including but not limited
to those received in trade, awaiting repairs, for lease, etc.) shall
be stored behind the building setback line and screened from view
from the ROW and from adjoining properties by a landscape screen or
fence of appropriate design, as approved by the Township.
6.
Any vehicle or equipment that fits the definitions of "junked vehicle"
or "abandoned vehicle" as defined in this chapter is prohibited from
the premises.
7.
The outdoor storage provisions of this chapter shall be waived for
such dealerships, provided the above conditions are met and that the
development complies with the percentage of impervious surface.
8.
The area used for display of merchandise offered for sale and the
area used for the parking of customer and employee automobiles shall
be continuously paved and maintained in either concrete over a base
of crushed stone compacted to not less than six inches in depth or
other surfacing of an equivalent or superior character, approved by
the Township Engineer.
9.
Landscaping within or along the perimeter of surface parking and
loading areas shall be encouraged to minimize the impact of heat and
glare from paving.
10.
As a part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination, when
measured at a lot line, shall be a maximum of one footcandle.
[Ord. No. 477, 5/11/2021]
A vineyard shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
The minimum lot size required is 10 acres.
2.
Vehicular access to and from a vineyard shall be conducted from an
arterial or collector road.
3.
Vineyard operations shall be conducted in accordance with all applicable
federal, state, county, and Township laws and regulations governing
the production of crops and related operations.
4.
No storage or transfer of toxic, corrosive, flammable, carcinogenic,
or explosive materials, chemicals, liquids, gases, or solids shall
be permitted on the lot(s), with the exception of gasoline, diesel
fuel, and oil for the operation and maintenance of motorized vehicles
and equipment.
5.
A vineyard shall not significantly intensify vehicular or pedestrian
traffic which is normal for residences in the neighborhood.
[Ord. No. 477, 5/11/2021]
A wastewater treatment plant shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The minimum lot size required is five acres.
2.
The site and facility shall be fenced and gated so that members of
the general public cannot access the site or the facility.
3.
Setbacks. The following setbacks shall be maintained for the treatment
facilities or water withdraw and distribution facilities and any truck
parking or staging areas.
4.
On-site holding tanks shall be provided to collect and store water
produced during the treatment process.
5.
Proof of all applicable and required federal, state, county, Township,
and/or local approvals, permits, licenses, and/or registrations shall
be provided to the Township, including but not limited to permits
from PA DEP.
6.
Reporting Requirements. For any facility approved by the Township,
the operator shall submit to the Township a copy of all PA DEP-required
or PA DEP-issued documents and reports associated with the operation
within seven days of the date of the document or report.
[Ord. No. 477, 5/11/2021]
A water storage facility shall be a permitted conditional use
subject to the following express minimum standards and criteria:
1.
No water storage facility shall exceed 250 feet in height.
2.
A water storage facility shall be setback from adjacent property
lines and/or ROWs a minimum distance equal to 115% of the water storage/tower's
height but shall not be less than 25 feet in width.
3.
The height of a water storage facility shall be measured from the
top of the foundation to the upper most point of the tower.
4.
Lighting shall be required for the water storage facility as a safety
measure for low-flying aircraft in accordance with all FAA regulations
and approvals.
5.
Access driveways to a water storage tower shall be paved with a minimum
of six inches of slag or stone.
6.
All water storage uses, which are principal uses or structures, shall
comply with the area and bulk regulations for principal structures
in the zoning district in which they are proposed.
7.
All aboveground water storage facilities that exceed the height limitations
of the district shall increase the required yard clearances by one
foot for every two feet of height in excess of the height limitations
of the district.
[Ord. No. 477, 5/11/2021]
A wholesale business shall be a permitted conditional use subject
to the following express minimum standards and criteria:
1.
Any site that involves wholesale distribution shall have direct access
to an arterial or collector street, as defined in this chapter.
2.
The location of buildings or structures shall be designed to minimize
impact on adjacent residential properties.
3.
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.
4.
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.
5.
Vehicular and pedestrian access to the proposed development shall
be designed and provided to maximize pedestrian and vehicle safety.
6.
The vehicular and pedestrian circulation systems shall be designed
to minimize conflicts between vehicular and pedestrian circulation.
7.
Lighting shall be oriented away from adjacent properties and shall
not exceed one footcandle of illumination when measured from an adjacent
lot line. Lighting levels visible from an adjacent lot line of a residential
use or residential zoning district shall be reduced to at least half
of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m.,
prevailing time. As part of its decision, the Board of Supervisors
may further regulate outdoor lighting for the facility in order to
prevent adverse impacts on adjoining properties.
8.
All interior driveways shall be paved with an impervious surface
sufficient for the loads the driveways are expected to bear.
9.
Retail sales shall not exceed 20% of the gross floor area.
10.
The Board of Supervisors may impose restrictions on access to
the facility, storage of materials on the premises, hours of operation,
and other such matters as they deem necessary to ensure that there
is not adverse impact upon the functioning of the district or adjacent
parcels.
[Ord. No. 477, 5/11/2021]
A large wind energy facility shall be a permitted conditional
use subject to the following express minimum standards and criteria:
1.
The layout, design, and installation of large wind energy production
facilities shall conform to applicable industry standards, including
those of the ANSI, Underwriters Laboratories, the American Standards
Technical Manual, or other similar certifying organizations, and shall
comply with the Pennsylvania UCC, Act 45 of 1999, as amended and with
all other applicable fire and life safety requirements. The manufacturer
specifications shall be submitted as part of the application.
2.
Large wind energy production facilities shall not generate noise
which exceeds 55 dBa measured at any property line.
3.
All on-site utility and transmission lines extending to and from
the large wind energy production facility shall be placed underground.
4.
All large wind energy production facilities 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 regulation shall not be considered a sufficient braking
system for overspeed protection.
5.
Large wind energy production facilities shall not be artificially
lighted, except to the extent required by the FAA.
6.
Wind turbines and towers shall not display advertising, except for
reasonable identification of the large wind energy production facility's
manufacturer. Such sign shall have an area of less than four square
feet.
7.
Wind turbines and towers shall be a nonobtrusive color, such as white,
off-white, or gray.
8.
All large wind energy production facilities shall, to the extent
feasible, be sited to prevent shadow flicker on any occupied building
on adjacent lot.
9.
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
10.
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
11.
No portion of any large wind energy production system shall
extend over parking areas, access drives, driveways, or sidewalks.
12.
All large wind energy production facilities shall be independent
of any other structure and shall be located a minimum distance of
1.1 times the turbine height from any inhabited structure, property
line, street ROW, or overhead utility line.
13.
The minimum height of the lowest position of the wind turbine
shall be 30 feet above the ground.
14.
All large wind energy production facilities shall be completely
enclosed by a minimum eight-foot-high fence with a self-locking gate,
or the wind turbines' climbing apparatus shall be limited to no lower
than 12 feet from the ground, or the wind turbines' climbing apparatus
shall be fully contained and locked within the tower structure.
15.
The large wind energy production facility owner is required
to notify the Township immediately upon cessation or abandonment of
the operation. The large wind energy production facility owner shall
then have 12 months in which to dismantle and remove the large wind
energy production facility from the lot. At the time of issuance of
the permit for the construction of the large wind energy production
facility, the owner shall provide financial security in form and amount
acceptable to the Township to secure the expense of dismantling and
removing said structures.
[Ord. No. 477, 5/11/2021]
A winery shall be a permitted conditional use subject to the
following express minimum standards and criteria:
1.
The minimum lot size required is 10 acres.
2.
Winery operations shall be conducted in accordance with all applicable
federal, state, county, and Township laws and regulations governing
the production of crops and related operations.
3.
A business established as a winery shall have one point of ingress
and egress to a public road ROW. The point of ingress and egress shall
be located in a manner that minimizes detrimental traffic impacts
to both pedestrians and vehicles.
4.
Indoor and outdoor display areas associated with retail activity
shall not exceed a total of 3,000 square feet in gross floor area.
Display areas within parking lots and outdoor storage areas shall
be included within the calculated gross floor area.
5.
The minimum number of required parking spaces shall not be utilized
for display areas and/or outdoor storage areas.
6.
To promote adequate vehicular safety and circulation, an entrance
drive surfaced with bituminous brick, concrete, or stabilized aggregate
shall be constructed between the nearest public road ROW and the retail
area. The entrance drive shall be a minimum of 20 feet wide. Loading
and equipment storage areas shall, at a minimum, be paved with crushed
limestone aggregate.
7.
No more than one identification sign associated with advertising
the winery shall be permitted. The identification sign shall be a
ground or wall sign and shall have a maximum graphic area of 40 square
feet.
8.
The minimum distance between buildings shall be 30 feet.
9.
The maximum length of any building shall be no more than 200 feet.
10.
No storage or transfer of toxic, corrosive, flammable, carcinogenic,
or explosive materials, chemicals, liquids, gases, or solids shall
be permitted on the lot(s), with the exception of gasoline, diesel
fuel, and oil for the operation and maintenance of motorized vehicles
and equipment.
11.
A traffic impact study, in accordance with ITE standards, may
be required to be submitted where the proposed development could generate
100 trips in addition to the adjacent roadways' peak-hour volumes
or the traffic movements produced by the development could have the
potential to create adverse conditions on public road ROW. A description
of future LOS and their compliance with standards for traffic capacity
of streets, intersections and driveways shall be provided. New streets
shall be designed for adequate traffic capacity. All reference to
LOS shall be defined by the Highway Capacity Manual, published by
Transportation Research Board. These standards may be waived by the
Township if sufficient evidence is provided that the criteria cannot
be met with reasonable mitigation.
[Ord. No. 477, 5/11/2021]
Modifications to a bufferyard shall be a permitted conditional
use subject to the following minimum standards and criteria:
1.
A minimum of 75% of each type of plant (tree, shrub, and ground cover)
required within the standard bufferyard for the development shall
be planted within the modified bufferyard area.
[Ord. No. 477, 5/11/2021]
A use not expressly listed as a permitted use, conditional use,
or use by special exception may be permitted as a conditional use
upon the applicant's demonstration that the proposed use:
1.
Impacts the environment and adjacent streets and properties equal
to or less than any use specifically listed in the zoning district.
In making such determination, the Board of Supervisors shall consider
the following characteristics of the proposed use:
2.
The traffic and environmental impacts and the ability of the proposed
use to comply with the performance standards outlined in Part 7. A
trip generation letter must be provided if a certain threshold of
trips is projected and will require a traffic study.
3.
The proposed use will not endanger the public health and safety if
located where proposed and that the use will not deteriorate the environment
or generate nuisance conditions such as traffic congestion, noise,
dust, smoke, glare, or vibration.
4.
The proposed use is in general conformity with the Comprehensive
Plan and harmony with the area in which it is proposed.
5.
The proposed use complies with any applicable standards and criteria
specified in this Part 6 for the most nearly comparable conditional
uses or use by special exception specifically listed in the zoning
district in which it is proposed.
6.
The proposed use is in compliance with all other standards of this
chapter and all other Township ordinances.
