A.
The criteria for conditional uses as listed for each zoning district in Article II are listed below. The Board of Supervisors, in granting a conditional use, may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as they may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code (MPC)[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Applications for conditional uses shall be made to the Planning Commission,
at a time and place established by the office. Conditional uses shall
be granted or denied by the Board of Township Supervisors after the
recommendation of the Township Planning Commission. Procedures shall
follow those specified in this chapter and the MPC. Where there is
a conflict between a procedure in this chapter, and the MPC (including
any future amendments to the state code), the standards of the MPC
shall take precedent, for all hearings, procedures, and time limitations.
[Amended 7-13-2020 by Ord. No. 2020-01; 5-22-2023 by Ord. No. 2023-01]
C.
The Planning Commission shall review all applications for conditional
use to determine that they are complete and correct. A public hearing
shall be scheduled within 60 days of the date of application, unless
the applicant has agreed in writing. If the hearing is not completed
within the initial day scheduled, each subsequent extension of the
hearing shall be held within 45 days. An applicant shall complete
the presentation of his case-in-chief within 100 days of the first
hearing. Upon the request of the applicant, the Board or hearing officer
shall assure that the applicant receives at least seven hours of hearings
within the 100 days, including the first hearing. Persons opposed
to the application shall complete the presentation of their opposition
to the application within 100 days of the first hearing held after
the completion of the applicant's case-in-chief. And the applicant
may, upon request, be granted additional hearings to complete his
case-in-chief provided the persons opposed to the application are
granted an equal number of additional hearings. Persons opposed to
the application may, upon the written consent or consent on the record
by the applicant and municipality, be granted additional hearings
to complete their opposition to the application provided the applicant
is granted an equal number of additional hearings for rebuttal.
[Amended 7-13-2020 by Ord. No. 2020-01]
D.
The Board of Supervisors shall render a written decision or, when
no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the 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 therefor. Conclusions based on
any provisions of this chapter or of any ordinance, rule or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in the light of the facts
found.
[Amended 7-13-2020 by Ord. No. 2020-01]
E.
Conditional uses in C, AC, and R-1 Districts. The following shall
apply to conditional uses as authorized in the aforementioned districts,
excluding home occupations.
[Added 10-9-2012 by Ord.
No. 2012-02]
(1)
Where the lot on which the use is proposed fronts on or bears legal
access to a collector street, the Board may require the limitation
of access to the collector street in order to minimize extraordinary
impact to local streets.
(2)
Where a specific setback is not otherwise required by the respective
use section within this article, the principal use shall be set back
100 feet from adjoining properties zoned as C, AC, or R-1. The setback
shall include buffer yards as may be required by this article. The
Board of Supervisors, in concert with the conditional use approval,
may approve the reduction of the required buffer yards and reduction
of the aforementioned setback by up to 50%, but not less than the
applicable setback otherwise required in the respective zoning district,
provided that the Board finds that such reduction will not be adverse
to the public health, safety, and welfare in consideration of the
following:
(3)
Noise. The Board may require the applicant to submit a noise study
where ongoing operations of the proposed use, including but not limited
to principal or accessory activities and events, compressors, or operation
of machinery or equipment associated with the proposed use where noise
associated with the preceding is not customarily associated with principal
uses permitted as of right within the respective zoning district.
(a)
The study shall establish by generally accepted testing procedures
the continuous seventy-two-hour ambient noise level at the nearest
property line or 50 feet from the nearest dwelling, whichever point
is closer to the affected dwelling. In lieu of the establishment of
the ambient noise level established by the continuous seventy-two-hour
test the applicant may assume and use, for the purpose of compliance
with this chapter, a default ambient noise level of 55 dBA. The sound
level meter used in conducting any evaluation shall meet the American
National Standard Institute's standard for sound meters or an instrument
and the associated recording and analyzing equipment, which will provide
equivalent data.
(b)
The study shall evaluate the necessity of sound mitigation devices. Where such devices are necessary to address sound levels that would otherwise exceed the aforementioned noise level standards, the study shall propose and detail the installation of sound mitigation devices sufficient to ensure that sound does not exceed the average ambient noise level established by more than five decibels for more than 10 minutes within any one hour; or that such does not exceed the levels required by § 185-64 when applied to oil and gas operations.
(c)
The applicant shall execute an agreement with the Township in
a form acceptable to the Township Solicitor in which a schedule of
noise tests are performed at the expense of the applicant and in which
the applicant agrees to modify installed sound mitigation devices
in a manner necessary to ensure that the sound level does not exceed
the authorized level.
The intent of this conditional use is to allow a small business
that operates in rural areas, with appropriate safeguards. Examples
may include woodworking enterprises, light repair services (such as
small engine repair), and very light fabrication or assembly.
A.
For new construction, all side and rear yards are increased by 50
feet in those instances where they abut residential uses.
B.
All service and repair activities, except for incidental loading
and unloading, shall be conducted within a building.
C.
No service and repair business may be conducted on a lot of lesser
size than 10 acres in the C Conservation District and five acres in
the AC Agricultural Conservation District. The developer shall agree
to not subdivide any parcel below these stated minimums.
Mining may include the excavation of earth, sand, gravel, stone,
coal or other minerals by surface or deep mining methods and removal
of the excavated materials from the site when such activity is not
a part of an approved site development plan. An application for conditional
use must be approved prior to issuance of any land development plan,
stormwater management plan, or other approval. As part of the application
for conditional use approval, the excavator shall submit a drawing
showing:
A.
The property on which the excavation will occur, including abutting
roads, property lines and boundary on the property within which the
excavating will occur, including proposed phasing of the work over
the life of the project;
B.
Contours at five-foot intervals, indicating existing contours and
proposed contours at conclusion of excavation;
C.
Solution to drainage from the site, showing means of carrying groundwater
to a natural drainageway or to an approved stormwater system.
D.
The registration seal of the engineer preparing the drawing when
over five acres in area.
E.
The excavator shall comply with all applicable regulations of this
chapter, including but not limited to site grading and drainage, landscaping
and buffering, and environmental standards.
F.
No landfill or dumps for garbage or other refuse or commercial or
industrial by-products shall be permitted, except land application
as permitted by the PADEP.
G.
The excavation project shall be operated as follows:
(1)
Primary access to the site shall be controlled at one location.
(2)
The excavator shall post the property, noting that a dangerous condition
exists and warning trespassers away.
(3)
The excavator shall take care that trucks leaving the property are
not overloaded. If materials from trucks are spilled upon a public
road, all such materials shall be removed from the road within four
hours.
(4)
Water accumulating on the site shall be removed to a drainageway,
and any contaminated water shall be treated before being allowed to
enter a drainageway.
(5)
Wash stations shall be installed for trucks leaving the site to enter
a public road in order to ensure that no dust leaves the property.
(6)
To prevent the migration of dust from surface mining to other properties,
the Township may require the installation of screening, landscaping
or buffer areas.
H.
The Board of Supervisors may require a bond in favor of the Township
to be posted by the excavator to cover damages that may occur to Township
roads as a result of hauling materials excavated from the permitted
site. The amount of the bond less any sums needed to correct damages
shall be refunded to the excavator within one year after the conclusion
of the operation.
While the Township recognizes the importance of these endeavors,
their intensity makes them a conditional use; such facilities shall:
A.
No such activity may be conducted on a lot of lesser size than 10
acres in the C Conservation District and five acres in the AC Agricultural
Conservation District. The developer shall agree to not subdivide
any parcel below these stated minimums.
B.
No pens or runs shall be closer than 100 feet to neighboring lot
lines.
C.
If containing runs for more than 75 birds or mammals, provide evidence
that waste products or manure will not create a malodorous nuisance.
D.
Provide evidence of meeting all applicable state codes and licenses.
These structures are also known as "self-service storage facilities"
and consist of one or more larger buildings which are divided into
small separate units. These units, often the size of a single garage,
are then rented for storage, normally for personal goods. Such uses
must adhere to the following regulations:
A.
There shall be no outdoor storage of any type, at any time, with
the exception of motor vehicles or trailers licensed to travel the
highways of the commonwealth. Such vehicles and trailers shall be
stored in a manner that they are visually screened from any abutting
residential use.
B.
Type I screening, in accordance with § 185-62B of this chapter, shall be required. Front yard areas shall be landscaped with a mix of lower shrubs, grass and trees.
[Amended 10-9-2012 by Ord. No. 2012-02]
C.
The entire complex shall be surrounded by a security fence at least
six feet but not greater than eight feet in height. Said fence shall
be no closer to any lot line than 10 feet.
D.
There shall be no rental of space for active uses, such as gatherings
or music practice.
Such towers are a conditional use in the C-Conservation, AC-Agricultural
Conservation and IP-Industrial Park Districts.
A.
Compliance with other regulations.
(1)
If applicable, the applicant shall demonstrate that it is licensed
by the Federal Communications Commission to operate a communications
tower and communication antennas. If not applicable, the Township
may require evidence of any exemption.
(2)
All applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation shall
be met.
(3)
All applicable Federal Aviation Administration, Commonwealth Bureau
of Aviation and applicable airport zoning regulations shall be met.
B.
Dimensional requirements.
(1)
Towers shall be no taller than necessary to perform their intended
function. The maximum height of any communications tower shall be
no more than 300 feet unless preempted by airport zoning.
(2)
Communications towers may be located on a lot occupied by other principal
structures, and may occupy a leased parcel within a lot meeting the
minimum lot size requirements for the zoning district it is located
within, but the minimum area devoted to the communications tower shall
be at least two acres.
C.
Yard and setback requirements.
(1)
The minimum dimension between the tower base and any abutting property
line shall be at least the height of the tower plus 10 feet.
(2)
No two towers, existing or proposed, shall be within 3,000 feet of
one another unless two or more towers are placed on the same parcel
or lot. The distance between any tower base and the edge of the site
is at least the height of the tower closest to the edge, plus 10 feet.
[Amended 7-13-2020 by Ord. No. 2020-01]
(3)
No tower shall be located within 500 feet of a residential lot with
an occupied residential dwelling.
(4)
All support guy wire anchors and accessory buildings shall be located
within the site.
(5)
Any communications equipment building shall comply with the required
yards and height requirements of applicable zoning district for an
accessory structure.
D.
Shared use of a tower. Before a new tower site can be approved, the
developer shall demonstrate that there is no feasible existing elevated
location within 3,000 feet of the proposed site, capable of supporting
his/her equipment at the required height. Existing structures such
as steeples, silos or water tanks may be used, as well as existing
towers in lieu of a new tower. The developer shall provide letters
from the owners of the elevated locations stating that they have refused
the developer the use of their site or sites with reasons why the
site or sites is unreasonable or unfeasible for the developer's needs,
if such reason involves:
(1)
The proposed antennas and related equipment would exceed the structural
capacity of the existing structure and its reinforcement cannot be
accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio frequency
interference with other existing equipment for that existing structure
and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access
or height to accommodate the proposed equipment or to allow it to
perform its intended function.
(4)
Addition of the proposed antennas and related equipment would result
in electromagnetic radiation from such structure exceeding applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation.
E.
Fencing, access, landscaping, lighting, and other standards.
(1)
Pole towers will be preferred over lattice towers. A pole tower shall
be considered one which is of monopod configuration with support from
guy wires.
(2)
A security fence at least eight feet high shall surround the entire
area around the base of the tower, any accessory buildings and guy
anchors on the ground.
(3)
Access to the site, if it does not abut a public road, shall be over
an easement at least 56 feet wide between road and site and shall
be improved with a dust-free, all-weather surface to a width of at
least 10 feet for its entire length.
[Amended 7-13-2020 by Ord. No. 2020-01]
(4)
Existing trees on the site shall not be removed except within the
fenced area or for the access easement. An evergreen screen at least
six feet high shall be planted at the base of the tower and accessory
buildings to screen them from the view of nearby residences.
(5)
The tower and site shall not be lighted except as may be required
by the Federal Aviation Administration.
F.
Tower design and maintenance.
(1)
The tower installation shall be designed by a registered Pennsylvania
professional engineer, who shall supervise the construction at no
cost to the Township, shall certify that the structure has been designed
and constructed in accordance with the current Structural Standards
for Steel Antenna Towers and Antenna Supporting Structures, published
by the Electronic Industries Alliance/Telecommunications Industry
Association. The structure must be capable of carrying at least twice
the anticipated initial load, with a safety factor of two, and of
withstanding wind and ice loads in accordance with accepted engineering
practices.
[Amended 7-13-2020 by Ord. No. 2020-01]
(2)
The developer shall provide a schedule for regular inspection and
maintenance of the tower and site, and shall be responsible to mow
the entire site that is not in woods or in agricultural or other active
use.
G.
Submission requirements.
(1)
Even if a tower site is to be leased, a subdivision or land development
plan shall be prepared to show the site, described by bearings and
distances, within the property from which the site will be leased
or sold.
(2)
Evidence of a lease agreement must be presented.
(3)
A site development plan, drawn to scale, shall also be prepared to
show precisely the location of the tower on the site, fencing, support
buildings on the ground, guy anchors, and access easement.
(4)
The subdivision plan shall be reviewed and if approved, recorded.
(5)
Once finalized, the applicant shall submit the name, address and
emergency telephone number for the operator of the communications
tower for the use of Emergency Management personnel.
(6)
The applicant shall submit a Certificate of Insurance evidencing
general liability coverage in the minimum amount of $1 million per
occurrence and property damage coverage in the minimum amount of $1
million per occurrence covering the communications tower and communications
antennas.
H.
Ultimate disposition. The developer, or current owner, shall be responsible
for the removal of the tower and the returning of the site to its
original condition within one calendar year after if the tower is
abandoned or the equipment is no longer operational. Landscaping installed
during development of the site may remain in place. Each tower owner
shall inform the Township of any changes in ownership or responsibility
for a tower immediately after the change occurs.
Such uses are commercial in nature, normally seasonal but do have a high impact potential. They are also regulated by Chapter 147, Subdivision and Land Development, and must comply with all provisions of that ordinance relative to plan submittal and approval. Such uses shall:
These particular uses by their nature can generate noise or
excessive activity adversely affecting neighboring properties. Standards
shall be based upon the type of activities.
A.
Outdoor uses shall:
(1)
Have a lot of not less than 10 acres in size.
[Amended 7-13-2020 by Ord. No. 2020-01]
(2)
Present a plan for the use, time and duration of any outdoor speakers.
Outdoor speakers may not be employed for musical performances. Outdoor
speakers may not be employed for nonemergency use between the hours
of 10:00 p.m. and 7:00 a.m.
B.
Indoor uses shall:
(1)
Have no outdoor speakers, with the exception of emergency public
address speakers.
(2)
Present evidence of compliance with Labor and Industry (PA) building
regulations.
(3)
If an indoor shooting range, the developer shall show adherence to
best design practices, such as the National Rifle Association's NRA
Range Source Book to ensure safety.
C.
Intensive uses shall:
(1)
Maintain a lot of at least 100 acres for commercial hunting operations
and 50 acres for all other intensive uses.
(2)
No enclosure for commercial hunting shall be erected within 450 feet
of a neighboring residence, any neighboring agricultural building
used to house livestock, a school, day-care facility, or playground
associated with a school. Other intensive commercial uses shall add
200 feet to all required setback areas to create a buffer zone where
no intensive activities may occur.
(3)
No intensive use shall directly abut a residential district.
[Amended 7-13-2020 by Ord. No. 2020-01]
(4)
The Board of Supervisors may limit hours of operation as a reasonable
additional condition of approval.
(5)
Commercial shooting ranges shall illustrate that the design and direction
of all firing lanes shall not present a danger to public health and
safety. The developer shall show adherence to best design practices,
such as the National Rifle Association's NRA Range Source Book to
ensure safety. Other intensive uses shall present a plan to minimize
any noise created by activities through buffering, acoustic engineering
or topography.
The purpose of this use is to allow smaller retail operations
in a rural environment. Such uses shall:
A.
Provide all parking as required by this chapter on lot.
B.
All compressors shall be so enclosed as to baffle their sound from
surrounding uses.
C.
All dumpsters and or garbage/trash storage areas shall be enclosed.
D.
No sign for a limited retail and service business may exceed 16 square
feet.
E.
No building devoted to retail or service uses shall exceed 5,000
square feet gross floor area.
F.
Illustrate that the proposal meets the definition of a limited retail
and service business by presenting information about proposed goods
or services to be offered, hours of operation, and any outdoor sales
or services.
G.
Minimum
10 acres in Conservation District, minimum five acres in Agricultural
District.
[Added 8-26-2019 by Ord.
No. 2019-04]
The purpose of cemeteries, under this chapter, is to provide
a proper burial ground for persons. All uses and activities must be
clearly and customarily incidental to this use. Prior to the establishment
of a new facility or expansion of an existing cemetery, the owner
shall:
A.
File a site plan to demonstrate the design and layout of the proposed cemetery or cemetery expansion and specifically illustrating: the proposed drainage plan, the internal circulation plan, and the location of accessory building(s). This plan shall meet all applicable standards of Chapter 147, Subdivision and Land Development.
B.
Connections to existing Township streets will be no closer than 50
feet to a street intersection, 15 feet to a fire hydrant, 30 feet
to a driveway on the same side of the street and shall avoid streets
or driveways opposite proposed means of ingress and egress.
C.
Shall demonstrate compliance with applicable State laws.
D.
All accessory uses must be clearly incidental and subordinate to
the function of the cemetery.
E.
All new facilities shall have a size of at least 10 acres, and shall
include a deeded right-of-way connecting the burial ground to a public
road.
[Amended 7-13-2020 by Ord. No. 2020-01]
Shall be allowed as a conditional use providing the following
criteria are met:
A.
Any outdoor play area shall be effectively fenced from access to
abutting properties or with a solid or opaque fence of at least four
feet in height.
B.
For all new construction, and where feasible for existing structures,
circular driveways shall be provided to deliver and pick up children.
These will be for the safety of the children and the protection of
the neighborhood. In any event, there shall be an off-street area
for loading/unloading children.
C.
One parking space for each employee shall be required.
D.
The operator shall secure and keep current all permits from the Commonwealth
or other licensing agencies.
The purpose of such homes is to provide residences for individuals
in a home-like setting. Consequently, it is essential to maintain
an exterior appearance that is in harmony with surrounding residences.
Personal care homes are facilities which offer food, shelter and personal
assistance for a period of more than 24 consecutive hours for four
or more adult residents who are not relatives of the operator and
where the residents do not require hospitalization or nursing facility
care. In addition, such uses shall meet the following conditions:
A.
There shall be no sign or exterior display beyond the name of the home or its use. Signs shall meet the standards of § 185-60 of this chapter.
B.
At least one additional on-lot parking space shall be provided for
each two guests.
C.
No home in the R-1 or LB District shall admit more than eight guests/clients
at any one time.
D.
Required local, county and/or state certifications shall be presented
to the Board. Specifically included are to be applicable permits from
the Pennsylvania Department of Human Services.[1]
[Amended 7-13-2020 by Ord. No. 2020-01]
[1]
Editor's Note: Original Section 314, Gas and Oil Drilling,
which immediately followed this subsection, was repealed 10-9-2012
by Ord. No. 2012-02.
A.
Shall provide all parking and loading/unloading requirements as required
by this chapter.
B.
Schools shall be located on a paved public street which has two means
of entrance and exit, and with a minimum cartway width of 24 feet.
C.
The design and landscaping shall be compatible with, and preserve
the character of, adjoining residential uses. The Township may require
screening of a type deemed necessary.
D.
All parking and recreation/play areas that abut residential uses
shall provide screen planting of a type deemed sufficient by the Township.
E.
Any outdoor lighting shall be designed to prevent glare to adjoining properties, and meet the standards of Chapter 85, Lighting, Outdoor.
F.
Such uses shall have, and present, all needed local, county, state
or federal permits, or applications for needed permits. If needed
permits are in the application stages, the final approval for same
shall be a condition prior to issuing a certificate of occupancy.
G.
The applicant shall describe any proposed use of outdoor speakers
or amplified outdoor activities. The Township may limit the times
for such outdoor activities as a reasonable additional condition and
safeguard.
The purpose of this is to diversify the Township's economic
base by providing more industrial business opportunities in business
areas without jeopardizing the overall welfare of other small businesses.
Such businesses shall:
A.
Describe all industrial processing and product lines in such detail
to ensure the Township that they meet the definition of light manufacturing.
B.
Agree that all industrial activities and storage areas shall be contained
indoors.
C.
Show a plan for minimizing the effect of any truck traffic on congested
areas.
D.
Show evidence of compliance with parking, loading signage, lighting,
buffering and other performance standards.
Such uses are permitted subject to the following requirements:
A.
Side and rear yard setbacks shall be increased by 20 feet.
[Amended 5-22-2023 by Ord. No. 2023-01]
B.
All outdoor storage shall be in side yards (behind the front lot
line) or in the rear yard.
C.
Access to roads and highways shall be clearly defined.
D.
All parking, loading and unloading facilities shall be clearly designed
so motor vehicles will not be required to back into or from streets
or roads when parking or leaving the premises.
E.
Provide sufficient buffer yards to dampen the effects of noise and
light. At a minimum, Type I buffer yards shall be proved per this
chapter on side and rear lot lines where there is a single-family
dwelling within 150 feet of the proposed development.
F.
In the LB Limited Business District, no building for a warehouse
or truck terminal shall exceed 50,000 square feet in gross floor area.
These kinds of businesses differ from other kinds of retail
or industry in that activities and goods sold occur outside buildings.
A.
No vehicles will be parked or stored within any setback lines or
encroach upon a required yard area, except customer vehicles parked
on a short-term basis (less than 12 hours).
B.
There shall be no outdoor storage of new or used parts, scrap parts,
unlicensed vehicles, parts of vehicles, tires or vehicles which lack
current Pennsylvania inspection stickers. The overnight parking of
customer vehicles and the screened storage of approved trash containers
shall be permitted.
C.
All lighting shall be indirect, or designed to prevent glare to neighboring properties and meet the standards of Chapter 85, Lighting, Outdoor.
D.
All compressors shall be enclosed to muffle their sound from surrounding
uses.
E.
Car wash facilities open to the public may be required to prepare a safe yield water study as defined under Chapter 147, Subdivision and Land Development. The Supervisors may waive this requirement if a majority of the water is to be recycled.
F.
Any underground storage tanks shall be in compliance with all federal
or state regulations.
The purpose of this conditional use is to further the affordable
housing goals of the county Comprehensive Plan by allowing limited
specialized housing opportunities in mixed residential/commercial
areas.
A.
In the LB District, development may not exceed a density greater
than one dwelling unit or one mobile home per acre.
[Amended 7-13-2020 by Ord. No. 2020-01]
B.
Provide evidence they have passed all applicable regulations for
sewage disposal.
C.
Show evidence of compliance with all applicable Department of Environmental
Protection regulations.
D.
Be screened from abutting single-family residential or business uses
(Type I).
A.
In the LB District, building size is limited to 50,000 square feet
of gross floor area.
B.
Parking areas shall have Type I screening per § 185-62B if they abut a single-family dwelling within 150 feet.
C.
The design and landscaping shall be compatible with, and preserve
the character of, adjoining residential uses.
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
A.
The nature of the on-site processing operations, the materials used
in the process, the products produced, and the generation and methods
for disposal of any by-products. In addition the applicant shall furnish
evidence that the disposal of materials will be accomplished in a
manner that complies with state and federal regulations;
B.
The general scale of the operation in terms of its market area, specific
floor space requirements for each step of the industrial process,
the total number of employees on each shift, and an overall needed
site size;
C.
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited performance standards under Article IV of this chapter; and
D.
A traffic study prepared by a professional traffic engineer and meeting
any standards for such studies within Clinton Township.
Home occupations represent a potential intrusion on residential
neighborhoods. They must therefore meet the following criteria:
A.
The home occupation must be carried on entirely within the dwelling
unit.
B.
No more than 25% of the gross floor area of the dwelling may be used
for the home occupation.
C.
Articles sold or offered for sale on site shall be limited to mail-order
articles or articles for sale elsewhere.
D.
No offensive noise, vibration, smoke (or other particulate matter),
heat, humidity, glare or other objectionable effects shall be produced.
E.
No equipment or processes shall be used which create interference
in radio or television receivers off the premises or which cause fluctuation
in utility line transmissions. Applicant will also show that electric
or electronic equipment will not create an electrical fire hazard.
F.
Not more than two persons (including the owner/operator) shall be
employed.
G.
If services are provided directly to patrons, no more than two patron
areas (such as barber chairs or stations) shall be provided.
[Added 12-13-2021 by Ord. No. 2021-05]
A.
These regulations shall apply to all junkyards or salvage yards legally
operating in the Township.
B.
All persons operating a junkyard or salvage yard must obtain a permit
issued by the Township. All junkyards or salvage yards legally operating
in the Township on the effective date of this section shall make application
for the permit required by this section within 60 days after the effective
date of this section.
C.
The permit will be effective for one year from date of issuance.
The permit is subject to renewal upon reapplication and compliance
with this section.
D.
Prior to issuance of a permit, applicants must first obtain all zoning
approvals required by the Clinton Township Zoning Ordinance, if any.
E.
Initial application for a permit must be submitted to the Zoning
Officer, who will review the application to determine compliance with
this section and make a recommendation to the Board of Supervisors.
The Zoning Officer shall act upon the application within 30 days after
the date upon which the application was made. If the Zoning Officer
recommends approval of the application, the application, along with
any pertinent restrictions or requirements, will be submitted to the
Board of Supervisors for final approval.
F.
In the event an application is not recommended for approval by the
Zoning Officer, the Zoning Officer shall so notify the applicant in
writing stating the reasons for the denial of approval, whereupon
the applicant can withdraw the application or proceed to submit the
application to the Board of Supervisors of Clinton Township for final
decision.
G.
The Board of Supervisors shall act upon the application within 60
days after receiving the Zoning Officer's recommendation. In the event
the application is not approved by the Board of Supervisors of Clinton
Township, the Board shall so notify the applicant in writing stating
the reasons for the failure of approval or denial, whereupon the applicant
shall then have 30 days to file an appeal, in writing, to the Court
of Common Pleas of Butler County, Pennsylvania, as provided by law.
H.
An initial permit application will include the following:
(1)
A plot plan showing the layout of the junkyard or salvage yard
and the location of key business operations, including storage areas,
parking areas, point of access from the nearest public road or roads
and any other areas pertinent to the business. This plot may be hand-drawn
by the owner or operator and need not be professionally prepared.
(2)
A written plan for prevention of accumulation of rubbish.
(3)
The measurement of the area to be used by the junkyard or salvage
yard.
(4)
The type and number of buildings to be used.
(5)
The type and number of storage areas to be used, if any.
(6)
The type of fencing or natural barriers to be used to satisfy
the requirements of this section and maintain the beautification of
the area.
(7)
If application is for a junkyard or salvage yard, the plot plan
must show a layout of rows and roadways within the junkyard or salvage
yard as are necessary to permit movement of emergency equipment and
facilities to safely accept and store any toxic or hazardous materials.
I.
If a permit is issued, such permit shall, at all times, be conspicuously
displayed at the junkyard or salvage yard premises.
J.
The permit will be nontransferable, both as to the junkyard or salvage
yard premises and the operator or salvage yard or junkyard dealer.
K.
No person granted a permit under this section may operate more than
one junkyard or salvage yard within Clinton Township under the same
permit, and that junkyard or salvage yard must be at the location
specified on the permit.
L.
Application for renewal of the permit will be filed in writing with
the Township Manager or Zoning Officer and will list any changes made
since the original application or in the last application. The Manager
or Zoning Officer will inspect the property to determine if the junkyard
or salvage yard has complied with the regulations in this section.
If action needs to be taken by the junkyard operator or salvage yard
operator in order to come into compliance with this section, such
action shall be completed before the renewal permit will be issued.
M.
Annual permit fee. An annual fee as set forth in the Township's fee
schedule adopted by the Board of Supervisors will be charged for each
permit.
N.
Junkyard maintenance. Every junk and salvage dealer permitted to
operate under this section will maintain the junkyard and salvage
yard as hereinafter generally provided:
(1)
All junk or salvage will be stored behind an opaque fence, structurally
stable enough to withstand category F2 tornado wind events and at
least eight feet in height, supplemented by screening material creating
a visual barrier.
(2)
The fence shall be so constructed as to permit an entrance which
shall be closed off by means of latching a gate of similar construction
to the required fence.
(3)
The Planning Commission will analyze the screening and/or fencing
required for each site as represented on the permit application and
submittal to the Township, and comment on the screening and fencing
for compliance with Township Ordinances.
(4)
To maintain Township beautification and for safety purposes,
the operator will line public highway and property boundaries with
a natural barrier of shrubbery, evergreens, or arborvitae in conjunction
with any existing trees.
(5)
For junk or salvage yards located in the Township's Industrial
Zoning District, fence and barrier must be installed as close to the
rear and side yard established property lines as possible and 40 feet
from the edge of the road right-of-way nearest the front property
lines of the premises occupied by the junk or salvage yard. However,
if the junk or salvage yard in the Industrial Zoning District abuts
property in a different Zoning District, then fencing along the side
of the junk/salvage yard abutting that adjacent property, fence and
barrier must be installed 50 feet from the established side or rear
property line for the adjacent property.
(6)
The Township will not be responsible for the preservation or
maintenance of required screening.
(7)
All salvage will be stored and arranged so as to permit access
by emergency equipment and to prevent accumulation of stagnant water
and to preclude accidental runoff of hazardous materials.
(8)
Gasoline, oil or other combustible material will be stored in
only one location on the premises. State and/or federal regulations
for storage will apply.
(9)
Hours of operation for public sales and service shall be 7:00
a.m. to 7:00 p.m.
The Township of Clinton limits sanitary landfills to the IP
District in order to encourage the reclamation of brownfields or previously
mined areas. Plans for sanitary landfills shall be approved and controlled
by the Pennsylvania Department of Environmental Protection, the laws
and regulations of the commonwealth and appropriate laws and regulations
of the United States of America. Operators of sanitary landfills shall
file with the Board written proof that they have met all permit requirements
of the state and/or federal government as they may apply to a specific
development. Local requirements which must be met prior to permit
approval by the Board include:
A.
Minimum lot size of 20 acres; a buffer yard of 200 feet from all
public rights-of-way and 400 feet from all dwellings, schools, churches,
hospitals and similar residential uses.
B.
An eight-foot-high cyclone-type fence with panel weaving or similar
solid fencing shall parallel all public rights-of-way and adjacent
properties for purposes of preventing the passing of wind-blown litter
and preventing direct visibility of the working area from public rights-of-way
and adjoining properties. Barrier fences shall be maintained in good
condition at all times.
C.
The barrier shall be at a minimum distance of 75 feet from all operations,
and the area between the work area and barrier shall consist of a
natural cover of vegetation or forestry. This strip shall not be of
barren soil.
D.
The landfill shall have no more than two access routes, unless the
landfill property borders three or more public rights-of-way. In such
an event, approval by the Township Supervisors will be necessary to
secure an additional access route. All access areas shall be maintained
in a dust free condition at all times.
E.
A bond will be filed with the Township Supervisors, at an amount
deemed necessary by the Board of Supervisors, to provide for protection
of Township roads, which may be used for access to this landfill.
F.
The operator shall submit to the Board for approval a plan for the
restoration of the landfill area, which shall include anticipated
future use of the restored land.
G.
Due to bird-strike hazards, landfills are not permitted within 5,000
feet of any airport.
H.
Hours of operation shall be limited to between 7:00 a.m. and 7:00
p.m.
A.
These businesses have potential negative impacts upon the community,
including frequent use for unlawful sexual activities, including prostitution
and sexual liaisons of a casual nature.
B.
The concern over sexually transmitted diseases is a legitimate health
concern of the Township, which demands reasonable regulation of sexually
oriented businesses in order to protect the health and well-being
of the citizens.
C.
There is convincing documented evidence of a deleterious effect on
both the existing businesses around them and the surrounding residential
areas adjacent to them, causing increased crime and the downgrading
of property values.
D.
Sexually oriented businesses have serious objectionable operational
characteristics, particularly when they are located in close proximity
to each other, thereby contributing to neighboring blight and downgrading
the quality of life in the adjacent area.
E.
Permitting and/or licensing is a legitimate and reasonable means
of accountability to ensure that operators of sexually oriented businesses
comply with reasonable regulations and to ensure that operators do
not knowingly allow their establishments to be used as places of illegal
sexual activity or solicitation. It is not the intent of this chapter
to suppress any speech activities protected by the First Amendment,
but to enact a content-neutral ordinance, which addresses the secondary
effects of sexually oriented businesses. Nor is it the intent of the
Township to condone or legitimize the distribution of obscene material.
F.
Sexually oriented businesses, as defined herein, shall be permitted
as a conditional use, provided:
(1)
The proposed business does not lie, as measured in lineal feet from
the nearest boundary point of the property of the proposed use to
the nearest boundary point of the property of the listed use, within
1,500 feet of:
[Amended 10-9-2012 by Ord. No. 2012-02]
(2)
Compliance with all other applicable local codes and licenses is
presented to the Township Supervisors.
A.
Shall present the Township Supervisors with a security plan that
takes into account the safety of Township residents.
B.
The proposed business does not lie, as measured in lineal feet from
the nearest boundary point of the property of the proposed use to
the nearest boundary point of the property of the listed use, within
1,500 feet of:
[Amended 10-9-2012 by Ord. No. 2012-02]
C.
Does not lie within 300 feet of a preexisting single-family home.
A.
The design and landscaping shall be compatible with, and preserve
the character of, adjoining residential uses.
B.
All parking and recreation/play areas that abut residential uses
shall provide screen planting, and fencing as necessary to contain
animals.
C.
All overnight boarding shall be conducted indoors. The clinic shall
show means of adequate soundproofing.
D.
The clinic shall show evidence of sanitary means to dispose of dead
animals, such as a letter of agreement with a licensed waste hauler.
To conform to conditional use standards, all such flea markets
shall meet the following standards:
A.
The operator of the flea market shall either be the property owner,
or provide evidence of written permission (such as a lease agreement)
to utilize the property.
B.
The operator shall submit a plan that details public parking areas,
and the number and location of proposed seller stalls.
C.
The operator shall have a contract with an approved waste hauler,
and a minimum of one fifty-gallon-capacity solid waste receptacle
(or equivalent dumpster capacity) for every four proposed sellers.
[Added 8-26-2019 by Ord.
No. 2019-04]
Parking requirements: see § 185-55A.
[Added 4-12-2021 by Ord. No. 2021-03]
A.
The owners of the property upon which the short-term rental dwelling
unit or residence is located must reside on the same property in a
primary (principal) residence, or the dwelling unit being rented as
a short-term rental may also be the property owner's primary residence,
provided the primary residence is not being rented out in its entirety.
If the owners of the property upon which the short-term rental is
located are not residing on the same property in the primary residence,
then the owners themselves or an agent or property manager engaged
by the owners must be available locally 24 hours per day, seven days
per week, to address complaints and problems that may arise.
C.
The maximum number of day guests or visitors allowed at any one time
shall be 75% of the maximum overnight occupancy of the short-term
rental.
D.
Neither occupants nor guests shall engage in disorderly conduct or
disturb the peace and quiet of any nearby neighborhood or person/people
residing near the dwelling unit by loud, unusual, or excessive noise,
by offensive conduct, public indecency, threatening, traducing, quarreling,
challenging to fight, or creating a dangerous or physically offensive
condition or environment.
E.
If not on a public sewer system, there shall be a septic system evaluation
certifying the existing system is functioning as intended and proof
that the septic tank has been pumped within the past three to five
years for approval by the Township Sewage Enforcement Officer. Maximum
occupancy shall be limited by the capacity of the sewage disposal
system on-site.
F.
Smoke detectors must be installed in each bedroom, outside each bedroom
in common hallways, and on each floor. Smoke detectors that are wired
into house wiring or are wireless are preferred over battery-operated
detectors. If battery-powered detectors are used, batteries must be
dated.
G.
Dwelling units or rooms within dwelling units serving as the principal
building on the property shall comply with the National Electrical
Code and other applicable codes and requirements for residential occupancy.
This applies to the proper use of both GFI and AFCI outlets.
H.
Carbon monoxide detectors are required if an open flame oil or gas
furnace or wood-burning fireplace is present.
I.
The short-term rental structure, bed-and-breakfast structure, or
AirBnb structure is clearly subordinate to the existing residential
use of the property.
J.
Dwelling units or rooms within dwelling units serving as the principal
building on the property shall comply with the Township's Building
Code and Pennsylvania Uniform Construction Code requirements for residential
occupancy. No rooms or areas in temporary structures shall be rented
out under this use.
K.
Mobile homes, travel trailers, campers or similar structures or vehicles
that can be pulled by another vehicle cannot be used as short-term
rentals, bed-and-breakfasts, or AirBnbs under any circumstances.
L.
Lighting shall be in accordance with the Township Lighting Ordinance
for exterior lighting.
M.
It is the owner's responsibility to make sure the address for the
short-term rental unit is clearly marked at the end of the driveway
and, furthermore, that a sign denoting short-term rental unit is also
placed at the end of the driveway if the unit is rented more than
four times per year. All signs shall be installed in accordance with
the Township's Sign Ordinance and with the appropriate Township permit.
N.
A site plan shall be filed with the Township which designates the
structure(s) or rooms being rented, property lines and parking areas
for the structure.
O.
A zoning permit is required and must be renewed annually by the property
owner. The Township's Code Enforcement Officer will inspect the property
when a zoning permit is applied for or renewed.
P.
The property owner must maintain at least $1,000,000 in liability
insurance on the short-term rental for the full duration of the license
term and provide proof to the Township of said insurance. The Township
reserves the right to change the amount of liability insurance required
at any time in the future upon the advice of their insurance agent.
Q.
No street or yard parking is permitted. All parking by renters and
guests must be in a parking area that has a bituminous, concrete,
or gravel surface.
R.
Trash storage with weekly pickup is mandatory.
S.
Property lines must be clearly marked, and occupants and their guests
must always stay on the property upon which the short-term rental,
bed-and-breakfast, or AirBnb is situated. Fencing may be required
delineating the property lines if disputes or claims of trespass by
neighboring property owners are made.
T.
The setting off of fireworks, other displays containing combustible chemicals, and/or light displays or the discharging of firearms by renters is strictly prohibited under all circumstances. Compliance with the Township Noise and Vibration Ordinance (§ 185-59) is required without exception.
U.
Annual inspection of the dwelling unit serving as a short-term rental
shall be conducted by the Township Zoning Officer or another agent
of the Township.
V.
These requirements shall be posted on the door to the short-term
rental at all times. The Township shall furnish these requirements
in a fashion suitable for posting.
W.
Any property with a dwelling unit that is a rental property must
be registered with the Township. Application with fee must be made
to the Township, and the rental property must be inspected for compliance
with Township zoning and County and State Building Code requirements.
A license or permit will be issued by the Township. The Township Code
Enforcement Officer will inspect the subject dwelling unit at the
time of application for a zoning permit or at the time of permit renewal
for compliance with Township zoning and Code requirements.
