This article establishes specific requirements for specific
uses, in addition to the general requirements of this chapter and
the requirements of each district.
For uses allowed within a specific zoning district as a conditional use or special exception, see also the procedures for approval of a conditional use or special exception, contained in Article 12.
Location. The distance between any adult-oriented establishment
and a land use specified below shall be measured in a straight line,
without regard to intervening structures from the closest point on
the exterior parcel line of the adult-oriented establishment to the
closest point on the exterior parcel line of said specified land use.
No permit will be issued for any adult-oriented establishment which
intends to be located within 1,000 feet of any place of worship; educational
facility; public library; child day-care or nursery school; public
park or playground; or other such child-oriented business.
No permit will be issued for any adult-oriented establishment which
intends to be located within 1,000 feet of residential district or
commercial recreation use.
Displays. No materials or merchandise of any kind offered for
sale, rent, lease, or loan or for view upon the premises of an adult-oriented
establishment shall be exhibited or displayed outside of a building
or structure.
Hours. An adult-oriented establishment may be open for business
only Monday through Saturday only during hours of operation to be
approved by Township Supervisors as part of a conditional use application.
No adult-oriented establishment shall be open at any time on Sunday
or on a legal holiday as set forth in the Act of May 31, 1893, P.L.
188 § 1, as amended, 44 P.S. § 11.
Expansion. It shall be a violation of the Zoning Ordinance if
a person causes or permits the operation, establishment, or maintenance
of more than one adult-oriented establishment in the same building,
structure, or portion thereof, or the increase of floor areas of any
adult-oriented establishment in any building, structure, or portion
thereof containing another adult-oriented establishment.
Appearance. All existing and new buildings shall maintain a residential
or agricultural appearance as viewed from a public street. Agritourism
enterprises must be incidental to and directly supportive of the agricultural
use of the property and will not have significant impacts on the agricultural
viability or rural character of neighboring properties.
Impact. In no case shall the agritourism enterprise generate noxious
odors, noise or glare beyond amounts that are typically generated
by agricultural operations.
All waste, trash and rubbish, tents and temporary structures,
and any other displays or exhibits that resulted from the special
event, shall be removed from the property within 24 hours after the
special event has ended.
Overflow parking areas may be on grass surface areas of the
lot. The grass surface area which is to be used for overflow parking
shall be kept in suitable grass cover and shall not be allowed to
degrade to an erodible condition. In the event any portion of the
overflow parking area is disturbed, the areas shall be reseeded or
planted with sod to ensure the area remains grass surface. Such planting
shall occur within one week after the special event has ended. Overflow
parking areas shall be enclosed by a temporary barrier fence to prevent
the flow of traffic across property lines; all such fences shall be
removed within one week of a special event ending. Overflow parking
areas shall be set back at least 25 feet from side and rear property
lines.
Hours. The applicant shall identify the anticipated hours of operation
for the agritourism enterprise. Agritourism enterprises shall not
routinely occur in a manner that generates traffic or noise heard
by neighbors between the hours of 9:00 p.m. and 7:00 a.m.
Permits. Applicant shall provide evidence that all other applicable
state and federal permits for operation of an agritourism enterprise
have been obtained.
Permitted uses. The following activities, and activities that the
applicant proves are closely similar, shall be permitted as an agritourism
enterprise:
Local farm products retail operations (including crafts, food
products, garden and nursery products, and clothing products made
from the wool of animals raised on the farm use, etc.);
Any other use that is not agriculturally related, or is not
related to the natural resources that are present on the property,
or is deemed not to be incidental to the agricultural operation on
the property, or is otherwise deemed to be too intense for the A or
R-1 District whereby the intent of the district will not be preserved.
Products. At least 50% of the products for display and sale shall
be grown, prepared, or produced on the subject property. All food
and/or beverages sold for consumption on site shall comply with federal,
state and local regulations. Food and/or beverages should be limited
to only those value-added products that are produced from or grown
on the farm, unless they are secondary and incidental to the primary
agricultural use on the property. In all cases, the use of locally
grown or produced food and/or beverages is encouraged.
Screening. No parking of motor vehicles offered for sale or rent,
or of vehicles of customers or employees, shall be permitted within
10 feet from any street right-of-way. Such areas shall be utilized
as a landscaping strip; however, deciduous shade and ornamental shade
tree requirements may be waived for up to one of the front yards of
the lot if the applicant can demonstrate that such trees will be planted
in another area of the lot, either in the side or rear yards, within
the interior of the parking areas, or immediately surrounding the
proposed sales building.
Automobile salvage yards, also known as "junkyards" or "dismantled car storage," shall be subject to the performance standards contained in Article 8 of this chapter and shall also be subject to the following requirements:
Combustible materials. The storage of any combustible materials,
such as gasoline, oil or related items, shall be placed in fireproof
containers and stored within fireproof sheds.
Disposal of fluids. Whenever any motor vehicle shall be received
on such premises as junk, all gasoline, oil, antifreeze, transmission
fluid, Freon and/or other toxic fluid or hazardous material shall
be drained and/or removed from said vehicles and disposed of in a
manner consistent with the applicable rules and regulations of the
Pennsylvania Department of Environmental Protection (DEP).
Fire lanes. Fire lanes of a minimum width of 20 feet shall be provided
for every 40 linear feet of junk, which shall be kept open and unobstructed
for proper access for firefighting equipment and safety purposes.
Hours. Such premises may be open for business or any work in connection
with the storage, processing and transportation or removal of junk
only on Monday through Saturday, from 7:00 a.m. to 7:00 p.m., local
time.
Maintenance. Such premises shall at all times be maintained so as
not to constitute a nuisance or menace to the health of the community
or residents nearby or a place for the breeding of rodents and vermin.
Screening. All junkyards shall be completely screened from view
on all sides by a bufferyard of a solid fence or stone wall with cork
fitting, 10 feet in height with two staggered rows of evergreen trees
planted in front of the fence with the spacing distance between trees
not less than eight feet or greater than 10 feet. Said trees shall
be not less than eight feet in height at the time of planting. The
required fence shall be not closer than 10 feet to any property line.
The bufferyard shall not be occupied by any building, parking, outdoor
storage or any use other than open space and approved vegetative plantings.
Stagnant water. The manner of storage and arrangement of junk
and the drainage on the site shall be such as to prevent the accumulation
of stagnant water upon the premises. A stormwater drainage plan shall
be required.
Waste. No garbage, organic waste, rubbish, toxic materials and
hazardous materials shall be stored for more than five consecutive
business days on such premises.
All vehicle parts, equipment, lubricants, fuel and similar articles
shall be stored within a completely enclosed building. All refuse
and junk shall be stored within a completely enclosed building or
area.
All discarded vehicle tires shall be stored in a completely
enclosed area in such a manner so as to prevent the accumulation of
stagnant water and the breeding of insects. Such storage area shall
be so designed as to permit the flow of air but shall prevent the
tires from being visible to passersby.
The storage or parking of junked, abandoned or dismantled vehicles
or vehicles that do not have current license and inspection stickers
shall not be permitted.
Location. All bedrooms within a bed-and-breakfast establishment shall
be located within a single-family detached dwelling unless the applicant
demonstrates that the applicant meets the following requirements:
An applicant may locate one or more bed and breakfast bedrooms
as an adaptive reuse of an existing accessory building that has value
as an example of historic architecture, including but not limited
to a carriage house, barn, summer kitchen or spring house.
The applicant shall furnish expert evidence that the accessory
building is of historical value and that any proposed modifications
to the external appearance of the accessory building will not alter
its historical character unless such modifications are expressly required
by state or other local regulations and that such alterations cannot
be accomplished in a manner that is consistent with the historic character
of the accessory building.
Parking. In addition to the parking requirements for the single-family dwelling, one additional parking space shall be required for each guest room. Parking lots shall not be located between the front of the building and the street right-of-way. Parking areas shall be screened from adjoining properties in a residential zone and shall be compliant with the screen requirements in Article 9 of this chapter.
Appearance. A building's exterior shall not be altered in a
manner that reduces its residential appearance. This requirement shall
not prohibit any alterations that may be required under the Uniform
Construction Code[1] relative to fire escape or other public safety requirements
identified by any applicable state regulations.
Parking. In addition to the parking requirements for the single-family dwelling, one additional parking space shall be required for each room boarded. Parking lots shall not be located between the front of the building and the street right-of-way. Parking areas shall be screened from adjoining properties in a residential zone and shall be compliant with the screen requirements in Article 9 of this chapter.
The facility shall not produce odors, gas, dust or any other atmospheric
pollutant detrimental to the health, safety or general welfare of
persons living or working in the surrounding area.
Operation outside of Township. Any certified water storage facility
servicing oil and gas development and/or related operations outside
of the Township shall require site-specific (name of unit/project
outside of Township) conditional use approval. Approval shall automatically
expire 12 months.
If applicable, copies of any required Reuse Tank Permit, WMGR
123-Solid Waste Permits, etc., from the appropriate state, federal,
or independent certifying agency prior to the operation of the certified
water storage facility.
Certification that the proposed tanks comply with the design
standards set forth in the AWWA B-1039 design manual or provide testimony
that equivalent or greater standards are met.
Tanks are to be placed on cut and/or placed on
engineered fill certified by a registered professional geotechnical
engineer per the recommendations of the geotechnical report for the
site.
If applicable, copies of any required Reuse Tank Permit, WMGR
123-Solid Waste Permits, etc., from the appropriate state, federal,
or independent certifying agency prior to the operation of the certified
water storage facility.
Residual waste use and storage. Any certified water storage
facility or MLVT that shall be used to hold residual waste must meet
AWWA D103-9 tank standards or provide testimony that equivalent or
greater standards are met.
Site plan. A survey/site plan sealed by a Commonwealth of Pennsylvania
licensed professional engineer or surveyor shall be provided indicating
water storage location, other buildings, access roads, setbacks from
adjoining property lines and structures.
Liners. All liners must be welded and tested in accordance with the
applicable ASTM International Standards. Any repairs to liners must
be made using acceptable practices and applicable standards.
Filling. The operator or its contractor must supervise initial filling
of all water storage operations and inspect for leaks during filling.
If leaks are observed, filling must cease, the leaks must be repaired,
and the integrity of the tank must be evaluated prior to continuing
to fill. Contractors can observe initial and future fillings, provided
they are granted the authority to stop work if unsafe or upset conditions
are observed.
Setbacks. Certified water storage facilities and MLVTs shall be 20
feet from a wellhead, fixed vessel, heater, compressor with a rating
of 200 horsepower or greater; or a separator, well test unit or other
non-fired equipment.
Time frame. The time period in which the certified water storage
facility or MLVT will be constructed and destructed along with use
in between the start/finish dates.
Notice. At least seven days prior to a new oil and gas well site
being serviced by a certified water storage facility or MLVT, operator
must provide notice to the Township with updated information, including
truck traffic information, truck routes, etc.
Surface. The surface of the certified water storage facility
or MLVT shall be constructed and designed in a manner that would reasonably
minimize water runoff in the event of a major leak.
Signage; tank identification. Signs must be posted at the site
of any certified water storage facility or MLVT to indicate the contents
of the water storage facilities.
If a spill, fire, or other violation of any federal, state or
local law occurs at the drill site or in the Township by the operator
or its subcontractors, the operator shall notify the Township immediately,
in all circumstances, no later than 24 hours after the incident occurred
or, if the incident is ongoing, no later than 24 hours after it began.
In addition to the provisions contained in any other applicable
Township ordinance, operator/applicant desiring to engage in the construction
and operation of compressor stations and/or processing plants shall
be subject to the following conditions:
The minimum lot size for a processing plant shall be 100 acres.
At least 80% of the surface area of the processing plant building
(based upon square footage) must be located in an A and R-1 District(s);
however, contiguous properties located in either A and R-1 can be
combined to meet the minimum acreage requirements; and
The minimum lot size for a compressor station facility footprint
shall be five acres, with a maximum compressor station facility footprint
of 10 acres.
Protected structures: 1,000 feet from the edge of the facility's
developed area (this shall be the main fence line of the site and
shall not include the green space used for stormwater management or
the toe of the slope for any grading) to the nearest existing protected
structure;
Additional setbacks. All aboveground equipment, including compressor
engines and any structure in which the compressors are enclosed, must
be set back a minimum of 200 feet from any adjacent property lines;
and
Owner waiver. Applicant must meet the setbacks listed herein
unless the owner of a property or occupied and/or protected structure
located within the setback limits provides written consent to the
proposed use.
Compressor station sites shall have a landscaped buffer of six-foot-high
trees placed strategically around the perimeter of the site to screen
the location from other properties. The operator shall provide the
Township with a site plan showing the landscape buffer, which shall
be done to the reasonable satisfaction of the Township; and
The location and design of structures and site improvements
shall be integrated with the natural color, form and texture of the
surrounding area to the extent possible;
No equipment or surplus materials, including the placement of
permanent or movable storage containers or other portable equipment,
shall be stored on the facility. This includes the removal of idle
equipment unnecessary for the operation of such facility.
Building approval. Building plans must be approved by the designated
Township Code Enforcement Officer and must meet the minimum safety
standards as set forth in the Pennsylvania Uniform Construction Code
(UCC)[1] or applicable Code adopted by the Township. The Code Enforcement
Officer and/or Board shall have the authority to grant waivers to
the requirements if applicant is able to demonstrate the design and
safety measures meet or exceed those of the UCC, etc.
Environmental study. A baseline environmental study shall be conducted
by an approved person or firm for air and noise for quality and emissions
and approved by the DEP operator/applicant shall provide the Township
with a copy of the DEP permit.
Spill containment. A spill containment plan shall be provided and
designed by a registered design professional of the Commonwealth of
Pennsylvania and provided to and approved by the DEP.
State and federal compliance. The applicant shall comply with
all applicable state and federal regulations and shall show evidence
of obtaining the required state and/or federal permits, including
proof of insurability, before initiating any work and maintaining
the required permits throughout the duration of all operations. The
applicant shall notify the Township immediately of any suspension
or revocation of the required state and/or federal permits. Upon notification
of said suspension of revocation, the Township-issued permits will
hereby be deemed suspended or revoked until state and/or federal compliance
is reached and state and/or federal permits are reinstated.
Expansion. In the event the facility or project is projected
to be expanded in size, scope, use, etc., beyond what was included
in the initial approval, the applicant must submit a written request
to the Township. The decision to require a subsequent conditional
use hearing will be the sole discretion of the Board and will be announced
at a public meeting. The Township shall require hearings on the subsequent
conditional use application, and the appropriate information concerning
the expansion operations shall also be submitted. This shall include,
but not be limited to, additional identification of disturbed areas
beyond the scope initially presented, additional facilities being
used on the site that were not included in the initial application
and/or material changes such as different truck routes, access roads,
sound impacts, additional water containment devices, tanks, etc.
Co-location. Unless co-located upon another existing structure, the
applicant shall demonstrate that the proposed location is necessary
for the efficient operation of the system.
The nearest property line of any approved lot which has been
subdivided during the last five years for residential purposes, which
has not yet been constructed.
Parking. If an antenna site is fully automated, two off-street parking
spaces shall be required. If the site is not automated, the number
of required parking spaces shall equal the number of people on the
largest shift, but in any event, may not be less than two off-street
parking spaces.
Removal. The applicant shall submit a plan for the removal of the
communication tower and the communication antenna when they become
functionally obsolete or are no longer in use. The applicant shall
be responsible for the removal of the facility within three months
from the date the applicant ceases use of the facility or the facility
becomes obsolete.
Setbacks. For any new site adjacent to any other properties,
all structures shall be set back from each property line a distance
equal to its height, but in no case shall any structure be permitted
to be located within any required minimum setback.
Soils. If the site is in the A zoning district, the applicant
shall demonstrate that the proposed location is located on the least
productive soils (Class IV-VIII).
Support. In order to reduce the number of antenna support structures
needed in the Township in the future, any proposed support structure
shall be designed to accommodate the maximum load of carriers and
equipment.
Testimony. The applicant shall submit expert testimony that
the communication tower or antenna is the minimum height required
to function satisfactorily.
Express standards. The proposed use shall comply with any applicable
express standards and criteria specified in this article for the most
nearly comparable use by special exception or condition use listed
in the zoning district in which the comparable use is proposed.
Purpose. The proposed use shall be consistent with the purpose
statement for the zoning district in which it is proposed and shall
be consistent with the community development objectives of this chapter.
Hours. Engines shall not be started or kept running before 5:30 a.m.
or after 8:00 p.m. if the site is located within 500 feet of an existing
dwelling.
The crematorium cannot be constructed closer than 750 feet from an
existing residence, school or day-care center. All other district
setbacks from property lines shall also be maintained.
Emission standards. All emissions must meet the requirements of the
Pennsylvania Department of Environmental Protection as part of their
permitting requirements.
Emission control devices. An afterburner or secondary chamber shall
be used to achieve a minimum temperature of 1,800° F. prior to
charging the unit and throughout the cremation cycle. The crematorium
operator/owner must install, maintain and operate additional control
devices to assure that emission standards are met. It is the responsibility
of the operator/owner to demonstrate that the installation will ensure
compliance with emission regulations and standards.
Continuous emission monitoring. The owner or operator of the crematorium
shall install a continuous emission monitoring system to continuously
monitor the afterburner or secondary chamber temperature and to monitor
visible emissions (opacity). To the extent that the U.S. EPA or PA
DEP creates standards for emission equipment and monitoring, they
must be complied with.
All costs for monitoring shall be borne by the applicant. All operating,
monitoring and control equipment are subject to inspection at any
time by the Township following an occurrence of emission limit exceedance.
Emission performance testing. The owner or operator of the crematorium
shall conduct initial performance testing by a certified third party
to demonstrate compliance with applicable emission standards within
30 days of startup of the unit and annually thereafter.
The emission testing shall be conducted in accordance with U.S. EPA-approved
emission test methods and in accordance with the procedures identified
in the PA DEP's Source Testing Manual.
A test report shall be submitted to the Township within 30 days following
the testing. If the testing demonstrates any of the emissions standards
are exceeded, then the crematorium shall not be operated until corrective
actions and repairs are conducted and a report submitted to the Township
documenting these actions. Follow-up emission testing shall be conducted
during the first cremation that is performed following these corrective
actions. If the follow-up emission test does not demonstrate compliance
with the emission limits, the crematorium will not be permitted to
operate.
The cremation unit shall be totally enclosed within a building. The
owner shall conduct an evaluation of the design of the proposed crematorium
exhaust stack location and stack height in relation to nearby structures
including, at a minimum, all structures on the owner's property
and all structures on neighboring properties within 300 feet of the
proposed stack location. The evaluation shall assess the heights and
projected widths of all these structures in relation to the proposed
stack to ensure that the stack height meets "good engineering practice"
guidelines as specified in the air dispersion modeling provisions
of 40 CFR, Part 51, Appendix W. At a minimum, the stack height shall
be at least 1.5 times the height of nearby structures.
The crematorium operator/owner shall provide prior to issuance of
a building permit a copy of the required PA DEP General Permit (BAQ-GPA/GP-14).
In addition, the crematorium shall be operated in conformance with
all local, state, and federal laws.
Any additional standards or operational requirements that are needed
to protect the public health, safety and welfare or to address unique
characteristics of a particular site as defined by Township Supervisors
shall be complied with by the landowner and/or developer and crematorium
operator and owner.
Accessory uses. Day-care centers shall not be conducted on residential
premises. A day-care center, if sited on the premises of an institutional
facility or place of worship, shall be considered accessory to the
principal use of the property concerned.
Activities. Activities shall be limited to functions normally associated
with part-time tending of children and shall not include overnight
or drop-in care.
Lighting. All pedestrian pathways shall be adequately lit for safety
and security if utilized during non-daylight hours. Specific areas
for lighting are entranceways, pedestrian access to the outdoor play
areas, sidewalks used in non-daylight hours, dropoff areas, merchandise
delivery areas, and all parking lots.
Outdoor areas. The outdoor play space shall be completely enclosed
by a safe and adequate fence or wall a minimum of four feet in height,
unless a greater height is required by the Board of Supervisors. Any
outdoor play area potentially susceptible to encountering vehicles
leaving the roadway, travel lanes, or accessways shall be protected
by a barrier capable of preventing the vehicle from entering the play
area. No portion of the outside play areas shall be less than 25 feet
from a neighboring property line without the owner's written
consent. Outdoor play shall be limited to the hours between dawn and
dusk, prevailing local time.
Setbacks. No portion of a day-care center shall be located within
a 300-foot distance from any potentially hazardous land use or activity
which could pose a threat to the safety and welfare of the children,
staff and other occupants at the facility. Hazardous land uses or
activities include, but shall not be limited to gasoline service stations,
heavy industrial operations, storage of flammable or high-pressure
underground pipelines, truck or rail loading yards, etc.
Utilities. For properties utilizing an on-lot sewage disposal system,
the applicant shall demonstrate that the system is properly sized
to accommodate sewage flows from the registered or licensed capacity
of the child day-care facility.
Vehicle stacking lanes shall have stacking room for at least
six vehicles for restaurant uses and at least three vehicles for retail
and financial institutions.
Vehicle stacking lanes shall be separated from other vehicle
circulation lanes and parking areas, and the stacking area shall not
be counted towards the required parking.
Vehicle stacking lanes shall be set back at least 15 feet from
the ultimate street right-of-way and shall not be located within a
required yard setback.
Layout. No more than eight consecutive apartment or townhouse buildings,
blocks, or groupings shall be permitted along a street without the
use of a midblock separator, which shall consist of a park, tot-lot,
landscaped common parking compound, or landscaped open space, etc.
Licenses. Where applicable, licensing or certification by the sponsoring
agency shall be prerequisite to obtaining a certificate of occupancy,
and a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
Access. Any access drive that will serve for passenger dropoff and
pickup shall have direct access to a collector or arterial roadway,
as defined by this chapter.
Dropoff areas. Passenger dropoff and pickup areas shall be designed
so as to prevent traffic congestion on public roads at points of ingress
and egress to the school. A common parking area or other means of
pulloff shall be provided and be acceptable to the Township for the
purpose of passenger dropoff or pickup.
Ingress/egress. All means of ingress and/or egress shall be located
and designed to accommodate traffic in a safe and efficient manner.
Applicant shall provide turning exhibits or other documents to demonstrate
that all vehicles intended to use the site can safely access the proposed
ingress/egress points for the school.
Outdoor play areas. Any outdoor play and recreation areas shall be
set back at least 25 feet from any adjoining land within a residential
district or lot that is available for residential use. The play and
recreation areas shall be appropriately fenced or otherwise screened
to prevent errant objects from leaving the site onto adjoining properties
or roadways. Chain-link fences shall not be permitted unless they
are fully screened from view by evergreen plantings of equal or greater
height than the fence.
Parking. All parking lots shall be set back in accordance with the
regulations of the zoning district in which the school is located,
except that parking and loading areas shall be set back at least 25
feet from any land within a residential district or lot that is available
for residential use.
Setbacks. Building setbacks shall be in accordance with the zoning
district in which the public or private school is proposed, except
that all buildings shall be set back at least 50 feet from any adjoining
land within a residential zone or lot that is available for residential
use. Front yard setbacks shall comply with the zoning district in
which the use is located.
Family child-care homes shall be permitted as accessory uses
in occupied, detached single-family residences only and be subject
to the following requirements:
Activities. Activities shall be limited to functions normally associated
with the part-time tending of children and shall not include overnight
lodging.
Appearance. Any addition or improvement to an existing residential
structure or property for purposes of child day care shall preserve
its residential character.
Dropoff areas. One on-site dropoff space for clients shall be provided.
An existing driveway or common parking lot space may be used as the
dropoff area if it can be demonstrated that there is sufficient space
available in the driveway that is not otherwise occupied or committed
to safely accommodate a parked vehicle. If a driveway is used for
the dropoff area and the proposed use fronts an arterial or major
collector street, an on-site turn around area shall be provided so
that vehicles can exit the site driving forward. In cases where the
existing driveway cannot function as a dropoff area, an on-site drop-off
space shall be provided. The drop-off area shall conform to the Township
dimensional standards for residential parking spaces.
Setbacks. No portion of a family day-care home shall be located within
a 300-foot distance from any potentially hazardous land use or activity
which could pose a threat to the safety and welfare of the children,
staff and other occupants at the facility. Hazardous land uses or
activities include, but shall not be limited to, gasoline service
stations, heavy industrial operations, storage of flammable or high-pressure
underground pipelines, truck or rail loading yards, etc.
Building conversion. Any building constructed for the use of the
farm occupation shall be of the nature that it can be converted to
agricultural use or removed from the property if the farm occupation
is discontinued.
Compatible uses. For the purposes of this chapter, farm occupations
may involve any one of a wide range of uses, so long as the use is
not incompatible with the primary agricultural use of the land. The
applicant must demonstrate that the farm occupation is compatible
with the rural setting and will not create nuisances for nearby residences.
Sample activities may include:
Occasional repair of one motor vehicle per day that is not owned
or leased by a resident of the property or his or her relative, but
not including a junkyard, auto body shop or spray painting.
Maximum lot coverage. The maximum lot coverage of a farm-related
business shall be two acres, including all structures, buildings,
parking and outdoor storage, but shall not exceed a total of 5,000
square feet of building space.
Minimum setback. Farm-related businesses shall not be located within
100 feet of any property used principally for residential purposes,
any farm dwelling in separate ownership, or from any roadway.
Outdoor storage. Outdoor storage of supplies, materials and products
shall be screened from adjoining roads and properties. The display
of farm equipment for sale shall be excluded from this provision.
All such storage shall be screened from roads and residences
(except from dwellings located on the parcel). Such screening shall
be composed of a year-round vegetative visual barrier, which shall
attain a height of six feet within two years of planting.
Vehicle access. If any portions of the farm-related business
are not paved, the farm-related business must provide a paved apron
and a gravel scraping area adequate to prevent tracking of mud and
manure onto any public roadway.
Licenses. Where applicable, licensing or certification by the sponsoring
agency shall be prerequisite to obtaining a certificate of occupancy,
and a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
Safety. The facility shall be so designed and so constructed that
there shall be no danger to the health, safety or welfare of Township
residents or persons on adjoining properties.
Accessory home-based businesses (no impact) shall be subject
to the following requirements. A business that exceeds these thresholds
may qualify as a home occupation.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
Employees. The use shall be conducted primarily by a permanent resident
of the dwelling, and involve a maximum of two persons working on site
who do not reside within the dwelling.
Equipment. No equipment shall be permitted that produces noise, noxious
odor, vibration, glare or electrical or electronic interference perceptible
on another property. Only types of machinery typically found in a
dwelling for domestic or hobby purposes shall be permitted. The use
shall not involve the storage or use of hazardous, flammable or explosive
substances, other than types and amounts typically found on a residential
property.
Intensity. The Zoning Hearing Board shall deny a general home occupation
application if the Board determines the use would be too intense for
the proposed location. In making such determination, the Board shall
review the likely amounts of traffic and the types of operations involved.
Maximum floor area. The use shall occupy an area that is not greater
than 25% of the total floor area of the principal dwelling unit. The
use shall clearly be secondary to the residential use.
Maximum occupations. A maximum of one home occupation that involves
persons routinely visiting the site for business purposes shall be
permitted in one dwelling unit.
Outdoor storage. The use shall be conducted indoors. No outdoor storage
or display related to the home occupation shall be permitted. No changes
shall occur to the exterior of a building that would reduce its residential
appearance as viewed from a street.
On-site retail sales of products, except as clearly accessory
to an approved barbershop or similar on-site service. The use may
include sales using telephone, mail order or electronic methods.
Outdoor areas. All outdoor running areas, training, or pasture areas
shall be enclosed with a minimum six-foot-tall fence to prevent the
escape of any animals. The fencing details should be submitted with
the special exception application. The fence shall not be permitted
to be a chain-link-type fence, unless evergreen plantings equal in
height to the fence or proposed to fully screen the fence from view
from neighboring properties. Such areas shall be at least 25 feet
from neighboring properties.
Setbacks. Any barn, stable, or corrals shall be located a minimum
of 100 feet from any lot line and 200 feet from any dwelling, other
than the dwelling of the owner of the animals.
Veterinary facilities. Veterinary facilities limited to the care
of horses on site may be permitted as long as the facilities maintain
the appearance of an agricultural building.
Waste. The applicant must provide a written plan or other evidence
of the methods to be used to ensure that all animal wastes shall be
regularly cleaned up and properly disposed of to prevent odors and
unsanitary conditions.
Minimum lot size. The minimum lot size for a standalone impoundment
operation shall be five acres and two acres for an impoundment used
as an accessory use;
Site plan. A survey/site plan sealed by a licensed professional engineer
or surveyor must be provided indicating water storage location, other
buildings, access roads, setbacks from adjoining property lines and
structures.
Owner waiver. Applicant must meet the setbacks listed herein
unless the owner of a property, occupied and/or protected structure
located within the setback limits provides written consent to the
proposed use.
Access road must be designed to accommodate all vehicle truck
traffic servicing the site without using any public roadways for idling
vehicles waiting to access the impoundment site; and
Appropriate signage and idling restriction measures must be
in place to comply with Pennsylvania's Diesel-Powered Motor Vehicle
Idling Act (Act 124 of 2008).[1]
Buffers and noise. The impoundment must be constructed in a manner
to reduce traffic noise. An operator may install a sound barrier or
implement other mitigation techniques to comply with applicable noise
limits.
Notice. At least seven days prior to a new oil and gas well site
being serviced by a stand-alone impoundment, operator must provide
notice to the Township with updated information, including truck traffic
information, truck routes, etc.
Surface. The surface area immediately surrounding the impoundment
shall be constructed and designed in a manner that would reasonably
minimize water/liquid runoff in the event of a major leak.
Signs must be posted at the site of any impoundment to indicate
the contents of the water/liquid being stored on site as well as an
emergency contact number for the owner/operator.
Reclamation procedure. To the best of the operator/applicant
knowledge, the operator or applicant shall provide the time frame
for site restoration. The proposed time frame shall be reasonable
and shall be done to the sole satisfaction of the Township.
Access. All uses within the industrial park shall take access from
an interior roadway. Access for the industrial park shall be from
an arterial or collector street.
Permitted uses. Individual uses may be located in detached and attached
structures and shall include only those uses that are authorized within
the district the industrial park is proposed.
Compliance. The applicant shall present evidence that the proposed
facility will comply with all applicable laws and regulations concerning
the housing of animals, including but not limited to the Dog Law,
3 P.S. § 459-101 et seq. and the regulations of the Pennsylvania
Department of Agriculture.
Noise. The exterior walls of the structure that house the animals
shall sufficiently be soundproofed to prevent excess noise from leaving
the structure. Specifications of the soundproofing materials shall
be submitted at the time of application for a special exception.
Outdoor areas. All outdoor running and play areas shall be enclosed
with a minimum six-foot-tall fence to prevent the escape of any animals.
The fencing details should be submitted with the special exception
application. The fence shall not be permitted to be a chain-link-type
fence, unless evergreen plantings equal in height to the fence are
proposed to fully screen the fence from view from neighboring properties.
All outdoor running and play areas shall be set back at least 50 feet
from neighboring properties.
Setbacks. No animal shall be permitted to be permanently kept outside
of an enclosed structure. The enclosed structures that house the animals
shall be a minimum of 50 feet from neighboring properties.
Waste. The applicant must provide a written plan or other evidence
of the methods to be used to ensure that all animal wastes shall be
regularly cleaned up and properly disposed of to prevent odors and
unsanitary conditions.
A medical marijuana grower/processor may grow medical marijuana only
in an indoor, enclosed and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
The maximum floor area of a medical marijuana processing facility
shall be limited to 20,000 square feet, of which sufficient space
must be set aside for secure storage of marijuana seeds, related finished
product, and marijuana-related materials used in production or for
required laboratory testing.
There shall be no emission of dust, fumes, vapors, odors, or waste
into the environment from any facility where medical marijuana growing,
processing or testing occurs.
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecure exterior refuse containers.
The grower/processor shall provide only wholesale products to other
medical marijuana facilities. Retail sales and dispensing of medical
marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
The following conditions are intended to provide for the reasonable
development of minerals while providing reasonable protection to the
Township and to the neighborhood in which the operation will occur.
Where, however, the requirements of this section conflict with any
state or federal law or regulation, such state or federal law shall
take precedence.
Landscaping. Mining and quarrying sites shall be located and buffered
in such a manner as to minimize the noise-related impacts associated
with the operation.
To accommodate landscaping, the berm shall be constructed of
earthen materials, shall be a minimum of 25 feet in width and shall
be stabilized with topsoil and grass and/or other suitable vegetative
ground cover.
A minimum of one row of coniferous trees shall
be planted. The required trees shall be spaced no less than 10 feet
and no more than 15 feet apart on center. The trees shall be a minimum
of six feet in height at the time of planting. Due to varying tree
spread patterns and hardiness in the local environment, the required
trees shall be a variety of spruce or fir to ensure that the noise
attenuation effects are maximized.
One row of evergreen shrubs shall be planted and
shall be spaced at an interval of not more than five feet, though
not evenly spaced across as screen width. The shrubs shall be at least
three feet tall at the time of planting.
The berm requirements may be modified or waived by the Township
for that portion of the site which has natural geologic conditions,
features and resources which would serve the same objectives as the
soil berm and which, in the opinion of the Township Engineer, should
not be disturbed by the berm construction.
Mining or quarrying activities shall not occur
within 500 feet of any residential dwelling unit unless the applicant
obtains written permission of the property owner(s) consenting to
the operation.
Mining or quarrying activities shall not occur
within 500 feet of any public building, public park, or other public
institution unless the Board of Supervisors having jurisdiction over
the site has consented to the operation.
Mixing plants, crushers and other processing mechanisms
on the site shall not be located within 1,000 feet of any residential
dwelling unit unless the applicant obtains written permission of the
property owner(s) consenting to operation. In order to minimize noise
and traffic impacts, processing mechanisms shall, if practicable,
be located on the site. All processing mechanisms shall be located
at the lowest practicable site elevation.
At a minimum, the operator shall install and/or
maintain the required buffer along the perimeter of the visible portion
of the area to be operated. This portion shall be defined as any part
of the site visible from any adjacent parcel or any adjacent public
right-of-way. An exception to this requirement may, at the request
of the applicant, be granted by the Board of Supervisors when the
following apply:
In order to maintain the integrity of the buffer,
if such a request is approved, the buffering requirements shall extend
to the entirety of the existing site.
In order to maximize noise attenuation, the buffer
shall, to the greatest extent practicable, be located within a fifty-foot
zone nearest to the adjacent property or public right-of-way from
which the specified distance requirements have been measured.
Prior to planting of any required landscaping, the applicant
shall provide evidence of a soils test to determine soil suitability
to sustain the required landscaping and to determine any necessary
soil supplements or remedies.
Alternative designs for buffering may be approved if the applicant
can show, through the submission of a comprehensive noise study, that
the alternative designs are at least as effective in controlling noise-related
impacts.
Site specific exceptions to the buffering requirement
shall be available for vehicular access, public and other infrastructure
improvements (including drainage systems), maintenance requirements
and safety considerations. The nature and location of such exceptions
shall be approved by the Zoning Officer and the Township Engineer.
The operator shall provide a bond or other acceptable security
in the amount of 100% of the cost of improvements for approved buffering,
which will be returned after the improvements have been satisfactorily
installed and have been in place for one year. Acceptability shall
be determined on advice of the Township Solicitor. Adequacy as to
amount shall be determined by the Township Engineer.
All proposed, pending and/or approved reclamation plans required
by any governing body or regulatory agency shall be submitted to the
Township for review and consideration prior to issuance of a conditional
use permit.
In order to minimize additional adverse impacts to adjacent
properties, when any mining or quarrying operation (including legally
nonconforming operations) expands into an area governed by the provisions
set forth in this chapter, efforts should be made by the operator,
to the greatest extent practicable, to commence reclamation activities
on the existing mined or quarried portion of the site. Completed areas
should be resurfaced and restored in accordance with approved reclamation
plans prior to or concurrent with the commencement of extraction activities
in an undisturbed area.
The applicant shall provide a bond or other acceptable surety,
in an amount determined to be acceptable by the Township Engineer,
to cover the costs of repairs to any Township roads to be used by
the applicant or by other haulers to and from the site. The amount
of said bond or surety shall be reviewed annually, and any unused
portion shall be returned to the applicant within one year after the
site is no longer in use.
Timing. Unless the uses and conditions prescribed in a conditional
use permit are implemented within a maximum period of two years of
the issuance of all permits required by any federal or state agency
having regulatory authority over the conduct of such uses, the conditional
use permit shall expire. Evidence of receipt of all necessary permits
shall be provided to the Township. The Board of Supervisors may grant
a maximum extension of one year under exceptional circumstances.
Discontinuation of use. Discontinuation of any nonconforming
operation for a period of more than one year shall result in the loss
of vested status for that operation. "Discontinuation" is defined
as the cessation of excavation or processing of material.
Inspection. The Township shall conduct an annual inspection
to ensure compliance with all approved conditions. An inspection fee
may be set by the Board of Supervisors by resolution.
Blast notification. The applicant shall maintain a blast notification
list for anyone who requests notification and who owns, resides on
or has a business interest in property located within, at a minimum,
a radius of one mile around the site. Notification shall be provided
at least 24 hours prior to blasting. The applicant shall provide an
up-to-date blast notification list for Township review at the time
of annual inspection.
Pre-blast survey. Prior to the issuance of a conditional use
permit, the applicant shall provide documentation of the condition
of buildings, structures, wells, infrastructure, protected and unique
natural resources and historic sites located within 1,500 feet of
the proposed site. Adequacy of the survey shall be determined by the
Township Engineer. Any pre-blast surveys required by any federal or
state agency subsequent to the issuance of a conditional use permit
shall be provided to the Township.
Landscaping. The Township shall require that the applicant submit
an annual survey of the health of all required landscaping. This survey
shall be required in each of the first two years after planting. The
applicant shall replace any trees not surviving as of the date of
each survey.
Modification of conditions. No approved conditional use shall
be modified or expanded in ground area unless the plan is amended
and approved in accordance with procedures applicable to initial approval
of the conditional use permit.
Dust mitigation. A dust mitigation plan shall be provided. Dust
and debris from any mining and quarrying operation shall not be permitted
to accumulate within the right-of-way of any public road. Adequate
applicable technology shall be employed on the site to prevent any
dust and/or materials from being washed and/or blown from the site.
Adequacy of the dust mitigation plan shall be determined by the Township
Engineer.
Environmental impact analysis. The applicant shall provide an
environmental impact analysis to address the following: watershed
impacts, surface and/or groundwater resource impacts, air quality
impacts and erosion, sedimentation and stormwater impacts. Adequacy
of the analysis shall be determined by the Township Engineer. The
applicant shall provide any environmental impact reports, statements
or analyses that are required by any federal, state or county governing
body or regulatory agency having jurisdiction over the conduct of
mining and quarrying operations. The applicant will be required to
demonstrate that the proposed project will not substantially injure
or detract from the lawful existing or permitted uses of neighboring
properties, will not injure any water supply sources, and will not
adversely affect any fragile environmental system of particular significance.
Stockpiles. No material stockpiles shall be located within 100
feet of the property line. Any materials or wastes deposited on any
stockpile shall be prevented from washing, blowing, or otherwise transferring
off the premises. Such stockpiles shall contain extracted material
from the on-site mining operation.
Site-specific conditions. The Board of Supervisors may impose
other conditions not listed above as are shown to be necessary and
appropriate to protect the public health, safety and welfare, provided
that those conditions do not preclude the reasonable development of
minerals within the Township. Such conditions may include, but are
not limited to:
Development phasing schedule. The Board of Supervisors may impose
conditions related to the phasing of mining and quarrying activities
as it deems necessary to protect public health safety and welfare.
Fencing and screening. The applicant shall provide details showing
any fencing and/or screening proposed to be located on the site. The
Board of Supervisors may impose fencing and/or screening conditions
as it deems necessary to protect public health, safety and welfare.
At a minimum, the applicant shall provide a fence at least six feet
in height around the perimeter of the mining operation.
Lighting. The applicant shall provide details showing the height,
number, types and location of any fixtures proposed to be located
on the site. All lighting shall be directed away from adjacent properties
and/or adjacent streets.
Manufactured and/or mobile home parks shall comply with all applicable requirements of Chapter 345, Subdivision and Land Development, governing mobile home parks and the following requirements:
Setbacks. The minimum yard requirements for each mobile home lot
shall be 25 feet for front yards, 20 feet for rear yards, and 10 feet
for side yards. Such yards shall be measured from the perimeter of
the mobile home slab. Carports or parking pads may be located in the
required side yard.
In addition to the provisions contained in the Township Zoning
Ordinance, an operator/applicant desiring to engage in any oil and
gas development shall be subject to the following conditions:
Minimum lot size. The minimum lot size for an oil and gas development
shall be 20 acres. Contiguous properties can be combined to meet the
minimum acreage requirements if the properties being combined are
adjoining each other.
Three hundred feet from the well bore/wellhead to any solid
blue-lined stream, spring or body of water as identified on the most
current 7 1/2 minute topographic quadrangle map of the United
States Geological Survey;
Conventional wellhead: 1,000 feet from the edge of the well
production pad to an occupied structure; and 200 feet from the well
bore/wellhead to any solid blue-lined stream, spring or body of water
as identified on the most current 7 1/2 minute topographic quadrangle
map of the United States Geological Survey.
Owner waiver. Applicant must meet the setbacks listed herein
unless the owner of a property, occupied and/or protected structure
located within the setback limits provide written consent to the proposed
use.
Sound. A sound study shall be conducted by the operator prior to
any activity beginning on the site to set a baseline sound level or,
if necessary, to determine that sound will not exceed the permitted
decibel levels for the applicable zoning district as set by Township
ordinance or the applicable standard imposed by state or federal law,
whichever is more stringent.
In the event of multiple zoning district(s) within the Township,
the more restrictive sound level standards shall govern. In the event
that contiguous properties are combined for the oil and gas development,
the permitted decibel levels shall apply at the exterior boundary
line of the combined parcel area. In the event that the operator is
unable to comply with the stated standards, the operator must put
in place measures that may include, but shall not be limited to:
Enclosure: enclosure of sound-generating equipment in a sound-reduction
structure that conforms to the character of the zone in which it exists.
All applicable development plans, permits and regulations shall apply
to the enclosure. During normal operations, the structure shall remain
fully enclosed, with all doors and windows remaining closed unless
during times of egress;
Mufflers: equipment with an internal combustion engine or a
compressor with an exhaust muffler or an exhaust box. Said combustion
engine and/or muffler/box shall be constructed of noncombustible material
designed and installed to suppress sound and disruptive vibrations;
and
Obtain a release waiver of the applicable noise requirements
from the owners of the impacted property and adjoining properties
and/or adjoining properties.
Lighting. Operator shall place lights, to the extent practicable
and taking into account safety considerations, at locations so as
to avoid shine directed at public roads, protected structures and
adjacent dwellings and buildings. The Township has the right to mitigate
any obtrusive lighting so as not to affect the health, safety and
welfare of its residents.
Access roads. Access to any oil and gas development shall be designed
to ensure safety and reduce inconvenience to adjacent properties.
The following shall also apply:
The access road to the well site, beginning with its intersection
with a paved Township road, shall be paved for the first 100 feet
and the remainder constructed with materials that reasonably minimize
water, sediment or debris carried onto any public road and/or adjoining
properties; and
All access roads shall be constructed and maintained to prevent
dust and mud to the surrounding area. The Township, at its sole discretion,
shall require the operator to implement reasonable dust abatement
measures during dry weather conditions and under no circumstances
shall brine water, sulphur water or water in mixture with any type
of hydrocarbon be used for dust abatement to the Township's sole
satisfaction.
The applicant shall submit a road use plan showing the proposed
routes of all trucks to be utilized for hauling equipment, supplies
and the like, the estimated weights of those trucks and the estimated
number of trucks entering and exiting the well site on a daily basis.
In conjunction with the Township, the applicant shall design the hauling
routes to and from the facility to minimize the impact on local roads.
At no time shall any overweight vehicle travel upon any Township roads,
or portion thereof, other than the specified portion of Township roads
for which security has been provided to the satisfaction of the Township;
and
Signage; site identification. The well site signage shall comply
with Act of February 2, 2012 (P.L. 67, No. 9) (Act 9), codified at
35 Pa.C.S.A. § 7321 (relating to unconventional well 911
emergency response information), as amended.
Operating times. All site preparation and preproduction activities
on the well site, as well as access road maintenance, site reclamation
activity and other ongoing ancillary activities, shall be permissible
Mondays through Saturdays (with the exception of federal and/or state
holidays) between the applicable hours of operation as set forth in
applicable Township ordinance or as otherwise authorized by the Board.
Movement of any drilling rig, the active drilling phase and completions
(hydraulic fracturing) are exempt from this subsection as well as
operations necessary to ensure the health and safety of residents,
workers and the environment.
Thirty-day advance written notice must be provided when transitioning
from freshwater to reuse water storage, and the applicant must provide
a copy of the revised DEP permit when available;
Water storage. In the event that a certified water storage facility
or MLVTs shall be placed on the well site, it shall be subject to
the provisions contained herein in the applicable section of this
chapter. Separate conditional use approval shall not be required for
a certified water storage facility located on the well site and used
as an accessory to an oil and gas development. This water storage
shall only be applicable to the development of this well site only
and water storage on this site shall not be utilized for development
of oil and gas on noncontiguous well sites unless authorized by the
Board in writing.
Engine and motor enclosures. All engines and motors not involved
in the active drilling/fracturing phase but used to facilitate the
movement of gas or regulate the pressure of gas must be enclosed.
They must also have remote/local shutdowns.
On-site trailers. Operator must identify the number of temporary
trailers at the well site that accommodate rest and meals for essential
personnel during the drilling phase of operations. Such temporary
trailers are subject to applicable permit fees. Temporary trailers
used to store equipment and used as office space at the well site
are not subject to permit fees.
State and federal compliance. The operator shall comply with
all applicable state and federal regulations. The operator shall notify
the Township immediately of any suspension or revocation of the required
state and/or federal permits associated with the well site.
Supplemental regulations. The facility must meet all of the
supplemental regulations of this chapter and any other applicable
Township ordinance(s). Any and all uses categorized as conditional
uses, in addition to the specific conditions set forth herein, shall
also be subject to the general standards contained in the applicable
zoning district(s); and may be further subject to additional conditions
and safeguards as deemed necessary and appropriate by the Township
to protect the health, safety and welfare of the Township and its
residents.
Notice. A company desiring to construct oil and gas pipelines or
temporary water pipelines that are regulated by state or federal agencies
are allowed to do so as a permitted use in the Township, subject to
submitting to the Township copies showing evidence that the company
has obtained and maintains in good standing all required state and/or
federal permits, including proof of bonding to operated pipelines,
when such bonding is required. In addition to the required permitting
documents, applicant must also submit:
The cemetery facilities shall be owned and maintained in a manner
to insure its preservation. The developer shall provide for and establish
an organization for the ownership and maintenance of the cemetery,
in a form acceptable to the Township Solicitor.
All residential uses shall be accessory to the place of worship
and located upon the same lot or directly adjacent lot containing
the place of worship.
Religious-related recreational facilities, including but not limited
to social halls, community centers, pavilions and other buildings
commonly used for assembly, shall comply with the following:
Approval. The required information will be reviewed by the Township
Engineer, and if said reentry notice is complete the reentry drilling
will be approved in writing without the requirement of a supplemental
hearing. The approval shall be a continuance of any previous approval
granted for oil and gas development on the subject property.
Supplemental hearing. A supplemental hearing will be required if
the reentry drilling includes a material change or includes additional
operations not covered for and/or permitted in the initial approval.
Scope. If required, the conditional use hearing will be limited to
testimony and exhibits explaining the specific operations not covered
by the initial conditional or permitted use approval.
Standards and criteria. Operator may rely on the conditions set forth
in the original conditional use approval The Township may not change
or amend the original conditions or ordinance terms concerning setbacks,
well site and/or access road location so long as they do not adversely
affect the health, welfare and safety of the residents.
Scope. The conditional use hearing will be limited to testimony and
exhibits explaining the specific related operations not covered by
the initial conditional or permitted use approval.
Operator may rely on the conditions set forth in the original
conditional use approval. The Township may not change or amend the
original conditions or ordinance terms concerning setback, well site
and/or access road location so long as they do not adversely affect
the health, welfare and safety of the residents; and
The applicant shall demonstrate compliance with the criteria
applicable to the specific proposed reentry-related operation (e.g.,
truck staging area or certified water storage facility).
Length of operation. The business may be annual but shall be restricted
to a maximum duration of 180 days, which correspond to normal harvesting
seasons.
Sight distance. The Zoning Officer may require the operator and/or
owner of the roadside produce stand to provide written evidence that
there is sufficient required and available safe stopping sight distance
for any existing or proposed access or driveway that is to be used.
Buffers. A minimum of thirty-foot-wide buffer yard and a fifty-foot-minimum
building setback shall be maintained adjacent to a lot line of an
existing dwelling and any residential zoning district.
Trash storage. A trash storage area shall be provided which is screened
from the street and adjacent properties by an enclosed solid fence
and/or opaque vegetated buffer at least six feet in height to prevent
trash from blowing from the area and to serve as a visual screen.
Fencing and buffers. The storage facilities complex shall be surrounded by a fence at least eight feet in height and by a buffer strip at least 15 feet in width. The buffer strip shall be planted outside of the fence or other barrier and shall consist of plants which will hide the fence from view from the street or other properties. The buffer strip shall be maintained at all times so that dead or diseased plants are replaced. The standards for buffer yards as stated in Article 9 shall apply to the maintenance and guarantee for the buffer strip.
All solar energy equipment shall be located on the parcel or plot
of land of record in which the principal use is located, with the
exception that power lines or any related equipment to the solar energy
system may be located on an adjoining parcel or plot of land of record,
provided it will comply with all applicable virtual net metering laws
of the public utility provider.
Power generated by the solar energy system shall provide power only
for the principal use it services; any excess power generated by the
solar energy system shall only be sold or acquired by a public utility
in accordance with law or other governmental regulations.
All mechanical equipment associated with and necessary for the operation
of the solar energy system, which is ground-mounted, including any
structure for batteries or storage cells, shall be enclosed within
a six-foot-high fence or evergreen plantings of equal height. Evergreen
plantings shall be of a type that is to be approved by the Township.
The fence shall be made of wood, masonry, durable plastic or other
decorative material approved by the municipality. Chain-link fences
shall not be permitted unless they are fully screened from view by
evergreen plantings.
Solar access easements. A solar energy system shall be located to
ensure solar access without reliance on adjacent properties. Where
any applicant desires to ensure that solar access to a solar energy
system shall not be obstructed over time by permissible uses or activities
on any adjacent property (i.e., by planting or growth of vegetation,
new construction, etc.), it shall be the responsibility of the owner
of the solar energy system to obtain appropriate solar access easement(s)
from neighboring property owner(s). All solar access easements shall
be recorded in the office of the Washington County Recorder of Deeds.
Solar collectors shall be installed to prevent glare or concentrated
solar radiation as may otherwise be directed onto other properties
or onto roadways such that a nuisance situation is created. Antireflective
surface materials or coatings shall be used to preclude glare to the
extent feasible. Should any glare or concentrated solar radiation
prove to be visible beyond the property line at any time subsequent
to the installation of the system such that, in the opinion of the
Zoning Officer, a nuisance situation or safety hazard arises for another
property owner or the traveling public, the Township may, at its discretion,
require mitigating action or the removal of the system or portion
thereof generating the glare or reflected solar radiation. Should
any mitigation or removal deemed necessary by the Township fail to
be dealt with in accordance with the Township's determination
within 180 days of notification of the landowner, the Township may
implement such mitigation or removal as it deems necessary, cost therefore
to be reimbursed within 90 days and, if not, a commensurate lien shall
be placed upon the property.
The solar energy system shall be kept in good repair and sound condition.
Upon abandonment of the use, the solar panels and any related structures
and equipment shall be dismantled and removed from the lot within
60 days.
No part of a ground-mounted solar energy system shall be located
any closer than 15 feet from any side or rear property lines. No part
of a ground-mounted solar energy system shall be located between the
principal structure on the property and the public street right-of-way,
notwithstanding the aforesaid requirement.
Ground-mounted solar energy systems shall not be placed within
any legal easement or right-of-way location, or be placed within any
stormwater conveyance system or in any other manner that would alter
or impede storm water runoff from collecting in a constructed stormwater
conveyance system.
Ground-mounted solar energy systems shall not be placed in a
manner that would cause a violation of any other section of the Zoning
Ordinance, such as minimum parking requirements, required buffer yards
or other landscaping requirements, maximum impervious coverage limitations
or any other applicable standards.
Ground-mounted panels of a solar energy system shall be counted
toward a given property maximum impervious coverage requirements unless
the applicant can demonstrate that stormwater will infiltrate into
the ground beneath the solar panels at a rate equal to that of the
infiltration rate prior to placement of the panels.
If the solar panels are to be constructed on a flat roof, no
part of the solar energy system shall exceed beyond the maximum height
requirements for the zoning district in which the building is located.
Notwithstanding lot coverage limitations set forth in the base zoning
district(s), the maximum impervious coverage for a large solar energy
system and any accessory or appurtenant structures shall be 20% of
the lot area.
All mechanical equipment associated with and necessary for the operation
of the large solar energy system that is not mounted on a building
wall, including any structure for batteries or storage cells, shall
be enclosed within a six-foot-high fence or evergreen plantings of
equal height. Evergreen plantings shall be of a type that is to be
approved by the Township. The fence shall be made of wood, masonry,
durable plastic or other decorative material approved by the municipality.
Chain-link fences shall not be permitted unless they are fully screened
from view by evergreen plantings.
Solar energy systems shall not be artificially lighted except to
the extent required for safety or by any applicable federal, state
or local authority.
Solar energy systems and appurtenant or accessory structures shall
not display any advertising, except for reasonable identification
of the panel or other equipment manufacturer, and the facility owner.
A solar energy system shall be located to ensure solar access without
reliance on adjacent properties. Where any applicant desires to ensure
that solar access to a solar energy system shall not be obstructed
over time by permissible uses or activities on any adjacent property
(i.e., by planting or growth of vegetation, new construction, etc.),
it shall be the responsibility of the owner of the solar energy system
to obtain appropriate solar access easement(s) from neighboring property
owner(s) and to notify the Township upon the recording of any such
easement(s). All solar access easements shall be recorded in the office
of the Washington County Recorder of Deeds.
Solar collectors shall be installed so as to prevent glare or concentrated
solar radiation as may otherwise be directed onto other properties
or onto roadways such that a nuisance situation is created. Antireflective
surface materials or coatings shall be used to preclude glare to the
extent feasible. The applicant or the installer or manufacturer of
the solar energy system shall submit with the application for permit,
as applicable, a signed statement including the following:
Certification that the proposed system shall not produce glare
or reflect concentrated solar radiation visible beyond the property
lines of the property upon which the solar energy system shall be
located such that a nuisance situation is created;
Acknowledgement that, should any glare or concentrated solar
radiation produced prove to be visible beyond the property lines of
the property upon which the solar energy system shall be located,
at any time subsequent to the installation of the system, such that,
in the opinion of the Zoning Officer, a nuisance situation or safety
hazard arises for another property owner or the traveling public,
the Township may, at its discretion, require mitigated action or may
require the removal of the system or portion thereof generating the
glare or reflected solar radiation;
Acknowledgement that, should any mitigation or system removal
deemed necessary by the Township fail to be dealt with in accordance
with the Township's determination within 180 days of notification
of the landowner and/or system owner, or immediately in any case determined
to be a safety hazard, the Township may implement such mitigation
or remove such systems as it deems necessary, costs therefore to be
reimbursed within 90 days and, if not, a commensurate lien shall be
placed upon the property;
Acknowledgement that the obligations set forth herein shall
continue so long as the subject solar energy system remains in operation
and that any subsequent property owner shall be so notified.
If the solar energy system is ever abandoned or enters into
a state of disrepair, it shall be the responsibility of the property
owner to remove or properly maintain the solar energy system within
180 days from the date the system enters such a state or immediately
in any case determined to be a safety hazard.
If a ground-mounted solar energy system is ever removed, any
earth disturbance as a result of the removal of the ground-mounted
solar energy system shall be graded and reseeded to the satisfaction
of the Township.
The following standards shall apply to solid waste facilities
and recycling facilities. The specific dimensional criteria hereunder
shall control where the same are inconsistent with the dimensional
criteria found in the specific zoning district regulations.
Access. The operator of the use shall limit access to the site to
those posted times when an attendant is on duty. In order to protect
the public health and welfare, the use shall be protected by fences,
gates or other means to deny access at unauthorized times or locations.
Compliance. The operator of the use shall comply with all applications
regulations of the Environmental Protection Agency and the Pennsylvania
Department of Environmental Protection and any other applicable agency
and with all federal, state, county and Township laws in the operation
of the use.
No use shall discharge any effluent which will raise the temperature
of any stream or creek more than 5° F. above normal at a point
10 feet downstream of the discharge.
Explosives. The production or storage of any material designed for
use as an explosive which has the potential to endanger surrounding
properties is prohibited.
Hazards. No use shall emit fumes or gases that constitute a health
hazard as defined by the United States Environmental Protection Agency
or other appropriate regulatory agency.
Monitoring. The operator of the use shall permit the Township to
monitor all emissions, effluents, odors and noise on site at all stages
of operation on a twenty-four-hour basis.
Noise. No use shall cause the sound level beyond its property lines
to exceed the background level prior to commencement of operations
by more than 5%.
Permits. The operator of the use shall maintain and make available
to the public at its offices all permits and approved plans required
by all governmental regulatory agencies having jurisdiction over the
permitting, operation, maintenance and/or reclamation of such a facility.
Screening. There shall be screening as a barrier to visibility,
which shall be composed entirely of trees, shrubs or other plant materials.
Plant materials used in the screen planting shall be at least four
feet in height when planted and of such species as will produce, within
two years, a complete visual screen of at least eight feet in height.
The screen planting shall be permanently maintained, and any plant
material which does not live shall be replaced within one year. The
screen planting shall be so placed that, at maturity, it will not
be closer than three feet to any street or property line. A clear
sight triangle shall be maintained at all private accessways and all
private and public street intersections. The screen plantings shall
be broken only at points of vehicular or pedestrian access.
Minimum lot area. The minimum lot area required for a site shall
be two acres. A certified survey of the site area shall be provided
prior to the commencement of operations.
Setback. The following minimum setbacks must be met from the edge
of any truck staging area (measured from the edge of the parking pad)
and storage depot (measured from the edge of disturbed area not including
any fencing) unless waived by the owner of the property adjacent to
the delineated setback:
Surface. The surface of the staging area/storage depot shall be designed
in a manner that would reasonably minimize water, sediment or debris
carried onto any public road and/or adjoining properties.
Operator/applicant must provide a list of materials to be stored
on site to the best of its ability. This list must be provided to
the Township's emergency responders in the event of an incident
on site; and
Parking. A truck staging area may be located on a parcel with other
uses, as long as the parcel provides parking for the other uses in
accordance with the off-street parking and loading provisions of this
chapter.
Supplemental regulations. The facility must meet all of the supplemental
regulations of this chapter. Any and all uses categorized as conditional
uses shall, in addition to the specific conditions set forth herein
and the supplemental regulations as set forth herein, shall also be
subject to the general standards contained in the applicable zoning
district(s); and may be further subject to additional applicable conditions
and safeguards as deemed necessary and appropriate by the Township.
Approval. The required information will be reviewed by the Township
Engineer and if said traffic control site notice is complete, the
traffic control site will be approved in writing.
The turbine shall be located on the same parcel or plot of land of
record in which the principal use is located, with the exception that
power lines or related equipment may be located on a neighboring parcel
or plot of land of record, provided it will comply with all applicable
virtual net metering laws of the public utility provider.
The height of the turbine shall include the tower and the rotor at
its point where a blade is directly perpendicular to the ground. The
maximum height of the turbine shall be 60 feet from the finished grade.
Turbines must meet the setback requirements for accessory structures
for the underlying zoning district. In addition, turbines shall be
set back a horizontal distance equal to their height from any property
line or residential dwelling, excluding any dwelling on the lot on
which the turbine is located. No turbine shall be located between
the principal structure on the property and the public street right-of-way.
Additionally, all turbines must be set back sufficiently from any
aboveground utility lines, radio, television, or telecommunication
towers so as to present no danger to those lines or structures, as
certified by the applicant's engineer. No portion of any accessory
turbine shall extend over parking areas, access drives, driveways
or sidewalks.
The minimum clearance between the lowest arc of the turbine blades
and the ground shall be 15 feet. If the turbine model that is proposed
is a vertical axis wind turbine (also referred to as a helix-type
windmill or VAT), the height between the lowest point of the turbine
and the ground may be reduced to eight feet.
All mechanical equipment associated with and necessary for the operation
of the turbine, including any structure for batteries or storage cells,
shall be screened from view with an enclosed six-foot-high fence or
evergreen plantings of equal height. The evergreen plantings shall
be of a type approved by the municipality and shall be planted to
provide a full screen of the mechanical equipment. No noxious trees,
plants or weeds shall be permitted to fulfill the screening requirements.
The turbine tower shall also be enclosed within a six-foot-high fence
unless the base of the turbine tower is not climbable for a distance
of 12 feet. Any required fencing shall be made of wood, masonry, durable
plastic or other decorative material approved by the Township. Chain-link
fences shall not be permitted unless they are fully screened from
view by evergreen plantings of equal or greater height than the fence.
The turbine shall be kept in good repair and sound condition. Upon
abandonment of use, the turbine and all related structures shall be
dismantled and removed from the lot within 60 days.
Power generated by the turbine shall provide power only for
the principal use in which it services; any excess power generated
by the turbine shall only be sold or acquired by a public utility
in accordance with law or other governmental regulations.
No signage or advertising of any kind shall be utilized or attached
to the turbine. This requirement shall not include the make and model
description of the turbine, manufacturers' required hangtags or warning
signs or other signage that is required by law.
Turbines shall be a neutral, nonobtrusive color such as white,
off-white, gray, brown, black or other approved earth-tone shade,
unless a specific color or color pattern is required by the FAA or
other regulatory agency.