123.1.
This article establishes specific requirements for specific
uses, in addition to the general requirements of this chapter and
the requirements of each district.
124.1.
Lot size. All adult-oriented establishments shall be a standalone
use situated on a lot having a minimum area of one acre.
124.2.
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.
1.
All adult-oriented establishments shall not be permitted to be located
within 1,000 feet of any other adult-oriented establishment.
2.
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.
3.
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.
124.3.
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.
124.4.
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.
124.5.
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.
125.1.
Agritourism enterprises shall be permitted by special exception
as accessory uses, provided that the following requirements are met:
1.
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.
2.
Impact. In no case shall the agritourism enterprise generate noxious
odors, noise or glare beyond amounts that are typically generated
by agricultural operations.
3.
Events. Special events, fairs and festivals shall comply with the
following regulations:
a.
Tents or other temporary structures shall comply with all setback
regulations for structures in the pertinent zoning district.
b.
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.
c.
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.
d.
All driveway locations must be permitted under applicable state
or local regulations.
4.
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.
6.
Permits. Applicant shall provide evidence that all other applicable
state and federal permits for operation of an agritourism enterprise
have been obtained.
7.
Permitted uses. The following activities, and activities that the
applicant proves are closely similar, shall be permitted as an agritourism
enterprise:
a.
Farmers markets, providing all vendors and sales are located
in an enclosed building;
b.
U-pick operations;
c.
Dairy, ice cream and bakery retail facilities;
d.
Farm wineries, winery tours and tasting rooms;
e.
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.);
f.
Corn mazes (with educational/interpretation components);
g.
Farm-related interpretive facilities and exhibits;
h.
Agriculturally related educational and learning experiences;
i.
Agriculturally related special events, fairs and festivals;
j.
On-site farm, garden, greenhouse and nursery tours;
k.
Walking and bicycle tours and trails;
l.
Farm stays;
m.
Horseback/pony rides, petting zoos and other animal exhibits.
8.
Prohibited uses. The following activities are not included in agritourism
as defined in this chapter:
a.
Restaurants, taverns, brewpubs and/or breweries;
b.
Flea markets;
c.
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.
9.
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.
126.1.
Automobile sales or rental facilities shall be subject to the
following requirements:
2.
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.
127.1.
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:
1.
Burning. Burning or incineration shall be prohibited.
2.
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.
3.
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).
4.
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.
5.
Fireproof construction. Every structure erected upon the premises
and used in connection therewith shall be of fireproof construction.
6.
Gas tanks. Gasoline tanks shall be removed from all motor vehicles
prior to recycling said vehicles.
7.
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.
8.
Lot size. The minimum lot area shall be two acres.
9.
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.
10.
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.
11.
Setbacks. Junk shall not be stored within 100 feet of any adjoining
property line or nearer than 100 feet to any adjoining or abutting
street.
12.
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.
13.
Stockpiling. There shall be no stockpiling of motor vehicles
or any junk piled higher than eight feet.
14.
Waste. No garbage, organic waste, rubbish, toxic materials and
hazardous materials shall be stored for more than five consecutive
business days on such premises.
128.1.
Vehicle service or repair facilities shall be subject to the
following requirements:
1.
Activities. All activities shall be performed in a completely enclosed
building.
2.
Storage.
a.
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.
b.
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.
c.
Motor vehicles shall not be stored outdoors while awaiting repairs
for more than seven days.
d.
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.
129.1.
Bed-and-breakfast establishments shall be subject to the following
requirements:
1.
Length of stay. Overnight guests shall not be permitted to rent rooms
for a period exceeding 30 consecutive days.
2.
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:
a.
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.
b.
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.
3.
Meals. Meals may be offered only to registered overnight guests.
4.
Owner occupancy. The owner shall reside upon the premises. Proof
of residency shall be provided.
5.
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.
6.
Rooms. A maximum of five rooms shall be rented to overnight quests
on a daily basis.
7.
Signs. A bed-and-breakfast may erect one sign no larger than 12 square
feet in size, which must be set back 10 feet from all lot lines.
8.
Utilities. The applicant shall furnish evidence that an approved
means of sewage disposal and water supply shall be used.
130.1.
Boarding/rooming houses shall be subject to the following requirements:
1.
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.
2.
Guests. At no time shall more than six individuals be permitted to
be sheltered at the boarding house at one time.
3.
Length of stay. Rooms shall be rented on a weekly or monthly basis.
4.
Meals. Meals shall be offered only to registered tenants.
5.
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.
6.
Signs. One sign, not to exceed six square feet, shall be permitted.
7.
Structures. Boarding houses shall be contained within a single-family
detached dwelling, which shall be owner-occupied.
8.
Utilities. The applicant shall furnish evidence that approved systems
for sewage disposal and water supply are to be provided.
132.1.
In addition to the provisions contained in any other applicable
Township ordinance, certified water storage facilities and MLVTs shall
be subject to:
1.
Minimum lot area. The minimum lot size shall be two acres, designated
on the site plan for said use.
2.
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.
3.
Design criteria.
a.
The applicant for a certified water storage facility or MLVTs
shall provide:
i.
Proof of certification by the manufacturer and/or appropriate
independent testing or laboratory organization; and
ii.
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.
b.
The applicant for a certified MLVT shall provide:
i.
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.
ii.
All MLVTs must meet the containment requirements of (110%) of
Act 13 and a geotechnical report must be obtained certifying that:
iii.
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.
c.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
Spill containment.
a.
A spill containment plan shall be provided;
b.
Containment shall be provided for indoor facilities; and
c.
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.
13.
Reclamation procedure. To the best of the operator/applicants
knowledge, the operator or applicant shall provide the time frame
for site restoration.
133.1.
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:
1.
Written summary. The applicant must include a written summary of
how the compressor station or processing plant will operate, including:
2.
Signage.
a.
Signs shall be posted on all sites, gated or non-gated, with
an emergency contact number for the owner/operator.
3.
Minimum lot size:
a.
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
b.
The minimum lot size for a compressor station facility footprint
shall be five acres, with a maximum compressor station facility footprint
of 10 acres.
4.
Setbacks.
a.
The edge of the main operation facility that houses the compressor
engines must be at least 1,000 feet from an occupied structure;
b.
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;
c.
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
d.
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.
5.
Screening.
a.
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
b.
Compressor station sites will be subject to the applicable standards
of the respective zoning district where the proposed site is located.
6.
Design standards.
a.
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;
b.
Applicable equipment must have remote/local shutdowns; and
c.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
Supplemental regulations. The facility must meet all other applicable
regulations of the Township Zoning Ordinance.
134.1.
Communication antennas, tower and equipment shall be subject
to the following requirements:
1.
Approval. The application shall submit notice of approval for the
proposed installation from the FAA and the FCC.
2.
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.
3.
Equipment shelters. The maximum size of an equipment shelter should
be 500 square feet.
4.
Fencing. All towers and guide wire anchors shall be completely enclosed
by a minimum eight-foot-high fence with a self-locking gate.
5.
Licenses. The applicant must be licensed by the Federal Communication
Commission (FCC).
6.
Lighting. No tower shall be artificially lighted except when required
by the Federal Aviation Administration (FAA).
7.
Location. No new site shall be located within 500 feet of:
a.
The nearest property line of any adjoining property used for
an existing residential use.
b.
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.
c.
The nearest property line of any lot proposed for residential
purposes which have been submitted for preliminary or final subdivision
plan approval.
8.
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.
9.
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.
10.
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.
11.
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).
12.
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.
13.
Testimony. The applicant shall submit expert testimony that
the communication tower or antenna is the minimum height required
to function satisfactorily.
14.
Utilities. Any utilities extended to the tower site shall be
placed underground.
134.2.
Dimensional requirements. The proposed use shall comply with
all applicable dimensional regulations of the zoning district in which
it is located.
134.3.
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.
134.4.
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.
135.1.
Contractor's yards shall be subject to the following requirements:
1.
Access. The site shall have frontage on and direct vehicular access
to an arterial or collector street as defined by this chapter.
2.
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.
4.
Lighting. All lighting shall be shielded and reflected away from
streets and any adjacent residential properties.
5.
Repair of vehicles/equipment. No repair of vehicles or equipment
shall be permitted outside a completely enclosed structure.
1.
A business established for cremation of human or animal remains shall
be located on property of not less than one acre.
2.
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.
3.
Emission standards. All emissions must meet the requirements of the
Pennsylvania Department of Environmental Protection as part of their
permitting requirements.
4.
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.
5.
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.
6.
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.
7.
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.
1.
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.
2.
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.
8.
Hours of operation. Operating hours shall be limited to 7:00 a.m.
to 7:00 p.m., Monday through Friday.
9.
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.
10.
The crematorium operator/owner shall provide the Township with the
necessary certifications to operate the crematorium.
11.
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.
12.
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.
13.
Bodies shall be cremated in wooden/crate containers only and with
plastic that does not create toxic emission (no halogenated plastics).
14.
When cremations are taking place, an operator certified to operate
the crematorium shall be on site.
137.1.
Day-care centers shall be subject to the following requirements:
1.
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.
2.
Activities. Activities shall be limited to functions normally associated
with part-time tending of children and shall not include overnight
or drop-in care.
3.
Dropoff areas. A minimum of one safe dropoff space shall be provided
for each 20 children that the facility is licensed to accommodate.
4.
Landscaping. A landscape strip, as defined in Article 9 of this chapter, shall be required when adjacent to residential uses.
5.
License. Day-care centers must hold an approved and currently valid
certificate of compliance from the Department of Public Welfare (DPW).
6.
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.
7.
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.
8.
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.
9.
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.
138.1.
Drive-through facilities shall be permitted as an accessory
use, subject to approval by right in the B-1 District.
1.
Location. Drive-through windows shall be designed to be on the rear
or side facing wall of a building.
2.
Noise. Any outdoor microphone and speaker system shall be so designed
that sound shall not be transmitted to adjoining properties.
3.
Stacking lanes. A vehicle stacking lane area shall be provided as
follows:
a.
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.
b.
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.
c.
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.
139.1.
All multifamily dwellings and single-family attached dwellings,
also known as townhouses, shall be subject to the following requirements:
1.
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.
2.
Utilities. Apartment and townhouse buildings shall be served by public
water and public sewer facilities.
140.1.
Transitional dwelling facilities shall be subject to the following
requirements:
1.
Access. Adequate provisions shall be made for access for emergency
medical and firefighting vehicles.
2.
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.
3.
Residents. The maximum number of residents housed in a transitional
dwelling facility shall be 10.
4.
Supervision. Twenty-four-hour supervision shall be provided by staff
qualified by the sponsoring agency.
141.1.
Educational facilities shall be subject to the following requirements:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
142.1.
Family child-care homes shall be permitted as accessory uses
in occupied, detached single-family residences only and be subject
to the following requirements:
1.
Activities. Activities shall be limited to functions normally associated
with the part-time tending of children and shall not include overnight
lodging.
2.
Appearance. Any addition or improvement to an existing residential
structure or property for purposes of child day care shall preserve
its residential character.
3.
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.
4.
Licenses. Family day-care homes must hold an approved and currently
valid certificate of registration from the Department of Public Welfare
(DPW).
5.
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.
143.1.
Farm-related businesses shall be permitted as accessory uses,
provided that the following requirements are met:
1.
Accessory buildings. A farm-related business shall be conducted either
in a farm dwelling or in an accessory building (including a roadside
stand).
2.
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.
3.
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:
a.
Farm equipment repair.
b.
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.
c.
Light welding and custom machining of parts.
d.
Sale, storage, or mixing of seeds and fertilizers.
e.
Small engine repair.
f.
Woodworking or wood finishing.
g.
Custom blacksmithing or sharpening services.
h.
Veterinary offices which primarily treat farm animals and similar
livestock care services.
i.
Butcher shops.
4.
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.
5.
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.
6.
Mobile homes. No mobile home may be utilized as part of the farm-related
business.
7.
Occupancy. At least one owner or employee of the farm business shall
reside on the premises.
8.
Outside employees. No more than five persons, in addition to occupants
of the parcel, shall be employed in the farm business.
9.
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.
a.
No outside storage areas shall be located closer than 10 feet
to any rear property line and no closer than 20 feet to any side property
line.
b.
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.
10.
Parking. Off-street parking and loading shall be provided in accordance with the provisions of Article 10.
11.
Signs. One outdoor sign shall be permitted for a farm-related
business.
12.
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.
13.
Vehicle stacking. The length of access drive shall be of a sufficient
length to accommodate the stacking of delivery and customer vehicles.
144.1.
Vehicle fueling stations shall be subject to the following requirements:
1.
Access. The site must front upon and gain access from a collector
or arterial road as defined by this chapter.
2.
Accessory uses. Auto repair or service facilities shall be permitted
as an accessory use.
3.
Activities. All activities except those to be performed at the fuel
pump shall be performed in a completely enclosed building.
4.
Lot area. The minimum lot area shall be 1/2 acre.
5.
Lot width. A minimum lot width of 100 feet at the minimum building
setback line shall be provided.
6.
Permits. All applicable permits shall be obtained for the underground
storage of fuel.
7.
Setbacks. Fuel pumps and canopies shall be located at least 20 feet
from the street right-of-way line.
8.
Utilities. Vehicular fueling stations shall be connected to public
water and sewer.
145.1.
Large group care facilities shall be subject to the following
requirements:
1.
Access. Adequate provisions shall be made for access for emergency
medical and firefighting vehicles.
2.
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.
3.
Residents. The maximum number of residents housed in a large group
care facility shall be 16.
4.
Supervision. Twenty-four-hour supervision shall be provided by staff
qualified by the sponsoring agency.
146.1.
All heavy manufacturing facilities shall comply with the following
requirements:
1.
Activities. All activities shall take place indoors.
2.
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.
3.
Ventilation. All ventilation systems shall be so designed that any
smoke, fumes or odors shall not be directed towards abutting properties.
147.1.
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.
1.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
2.
The business shall employ no employees other than family members
residing in the dwelling.
3.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
4.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
5.
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.
6.
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.
7.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
8.
The business may not involve any illegal activity.
148.1.
Home occupations shall comply with the following requirements:
1.
Deliveries. The use shall not require delivery by tractor-trailer
trucks.
2.
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.
3.
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.
4.
Hours. A home occupation shall not be conducted in a manner that
is perceptible to other residents between the hours of 9:00 p.m. and
7:30 a.m.
5.
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.
6.
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.
7.
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.
8.
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.
10.
Permits. A use and occupancy permit shall be required for any
home occupation.
11.
Prohibited uses. The following uses shall not be permitted as
home occupations:
a.
The main office of a medical doctor, chiropractor or dentist.
b.
Manufacturing, other than of custom crafts and sewing.
c.
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.
149.1.
Horse boarding facilities, including riding schools, academies
and/or private riding clubs, shall be subject to the following requirements:
1.
Lot size. The minimum lot area shall be 10 acres.
2.
Number of horses. No more than two horses per acre of land shall
be permitted to be boarded on the property.
3.
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.
4.
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.
5.
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.
6.
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.
150.1.
In addition to the applicable provisions of this chapter, impoundments
shall be subject to the following:
1.
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;
2.
Certification and permits. The applicant for an impoundment shall
provide:
3.
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.
4.
Security. Chain-link fencing must be installed around any impoundment
and shall be at least eight feet in height.
5.
Setbacks. In addition to the DEP's setback regulations:
a.
Impoundment must be 500 feet measured horizontally from an occupied
structure to the edge of the impoundment structure;
b.
One thousand feet from a protected structure for fresh water
impoundments;
c.
One thousand five hundred feet from a protected structure for
waste water/reuse fluid; and/or
d.
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.
6.
Access road. All access roads to an impoundment site must:
a.
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
7.
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.
8.
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.
9.
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.
10.
Signage, identification:
a.
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.
12.
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.
151.1.
Industrial parks shall be subject to the following requirements:
1.
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.
2.
Dimensional requirements. The dimensional requirements shall be as
follows:
3.
Lot size. The minimum lot area shall be five acres.
4.
Outdoor storage. Accessory outside storage or display of materials,
goods or refuse is not permitted within the industrial park.
5.
Parking. All parking and loading facilities shall be located to the
rear or side of buildings.
6.
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.
152.1.
Kennels shall be subject to the following requirements:
1.
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.
2.
Lot size. The minimum lot area shall be three acres.
3.
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.
4.
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.
5.
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.
6.
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.
153.1.
Establishment of a medical marijuana growing/processing facility
is subject to the following regulations:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
Grower/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care facility.
7.
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
154.1.
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.
1.
Signage.
a.
All sites, gated or non-gated, shall have an emergency contact
number posted for the owner/operator.
2.
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.
a.
The buffer requirement consists of a landscaped soil berm, including:
i.
The required berm shall have a total height of not less than
six feet.
ii.
Where there is a difference in elevation on opposite sides of
the berm, the height shall be measured from the highest elevation.
iii.
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.
iv.
The top of the berm shall be landscaped to provide additional
noise attenuation. The landscaping shall consist of the following:
(1)
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.
(2)
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.
v.
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.
vi.
In combination with the above berming requirements, the following
setback distance requirements shall apply:
(1)
Mining or quarrying activities shall not occur
within 100 feet of a public road right-of-way.
(2)
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.
(3)
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.
(4)
Mining or quarrying activities shall not occur
within 500 feet of any structure listed on the National Register of
Historic Places.
(5)
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.
vii.
Installation and maintenance along perimeter.
(1)
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:
(2)
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.
viii.
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.
ix.
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.
x.
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.
xi.
All required buffering shall be installed prior to commencement
of operations.
xii.
Adequacy of the buffer shall be determined by the Zoning Officer
and the Township Engineer.
xiii.
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.
xiv.
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.
3.
Reclamation.
a.
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.
b.
The operator will provide a bond or other acceptable security
to ensure that land will be reclaimed in accordance with the approved
reclamation plan.
c.
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.
d.
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.
4.
Monitoring.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
Explosives storage. No explosive materials may be produced or
stored on site in any manner that is potentially endangering to surrounding
properties.
g.
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.
h.
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.
5.
Other conditions.
a.
Operational conditions. To further protect the health, safety
and welfare of adjacent property owners, the following conditions
shall also apply:
i.
Hours of operation. The hours of operation at any site may be
limited as the Board of Supervisors deems advisable.
ii.
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.
iii.
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.
iv.
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.
b.
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:
i.
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.
ii.
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.
iii.
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.
155.1.
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:
1.
Lot size. The minimum site required for a mobile home park shall
be five acres.
2.
Utilities. The site shall be served by public sewers.
3.
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.
156.1.
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:
1.
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.
2.
Setback. The following setbacks shall apply for oil and gas development
unless specifically stated otherwise:
a.
Unconventional wellhead:
i.
One thousand feet from the edge of the well production pad to
an occupied building;
ii.
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;
iii.
Three hundred feet from an unconventional well bore/well head
to wetlands greater than one acre in area;
iv.
One thousand feet from the edge of the well production pad to
any protected structure.
b.
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.
c.
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.
3.
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.
a.
In Agricultural and Residence Districts: not to exceed 60 dBA,
over a seventy-two-hour period, at the nearest property line;
b.
In Business Districts: not to exceed 60 dBA, over a seventy-two-hour
period, at the nearest property line; and/or
c.
In Industrial Districts: not to exceed 60 dBA, over a seventy-two-hour
period, at the nearest property line.
d.
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:
i.
Sound walls/noise barriers: the erection of sound walls/noise
barriers to bring the dBA within acceptable levels;
ii.
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;
iii.
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
iv.
Obtain a release waiver of the applicable noise requirements
from the owners of the impacted property and adjoining properties
and/or adjoining properties.
4.
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.
5.
Security measures. Adequate security measures shall be in place at
all times to protect well sites during active operations.
6.
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:
a.
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
b.
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.
7.
Truck routes.
a.
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
b.
The operator shall also coordinate its truck route with the
local school bus schedules, which shall be provided to the Township
by the operator.
8.
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.
9.
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.
10.
Impoundments. The operator will provide the following information
to the Township where an operator constructs an impoundment within
the Township:
a.
A copy of the DEP impoundment permit, if applicable, must be
provided at the time of application or when available;
b.
Chain-link fencing must be installed around any impoundment
and shall be at least eight feet in height;
c.
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;
d.
The applicant shall provide a copy of the notice of termination
to the Township upon reclamation of the impoundment;
e.
Any storage of hazardous waste at the impoundment will require
signage in accordance with federal law; and
f.
Any DEP-reportable spills must be reported to the Township within
24 hours of the incident;
g.
The projected time necessary for the completion of the impoundment;
and
h.
A statement that the operator shall fully restore the site upon
termination of the proposed activity.
11.
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.
12.
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.
13.
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.
14.
Pipeline information. Any oil or gas pipelines running from
the well site shall be subject to the provisions contained within
this chapter.
15.
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.
16.
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.
157.1.
Oil and gas pipelines and temporary water pipelines shall be
subject to the following requirements:
1.
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:
a.
The origin point and destination of the pipeline to be constructed
in the Township, including time frame for activities;
b.
A description of the substance to be transported through the
pipeline and a copy of the material safety data sheet (MSDS);
c.
Any site reclamation plans and time frame;
d.
Location of any pressure-relief devices;
e.
Geographic Information System (GIS) drawings; and
f.
Statement concerning method of operation.
158.1.
Places of worship shall be subject to the following requirements:
1.
Cemeteries as an accessory use to places of worship shall comply
with the following:
a.
All grave sites shall be set back a minimum of 10 feet from
any property line and a minimum of 20 feet from any street right-of-way
line.
b.
In no case shall any use relating to a cemetery be located within
the 100-year floodplain of an adjacent watercourse.
c.
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.
2.
Rectories, convents, manses, and parsonages shall comply with the
following:
a.
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.
b.
All residential uses shall comply with the location, height
and bulk standards imposed upon other residences within the lot's
zoning district.
3.
Religious-related schools or day-care facilities shall comply with
the following:
4.
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:
a.
Shall be permitted as accessory uses, provided that the requirements
for such use are also met.
b.
All recreational facilities shall be accessory to, and located
upon the same lot or directly adjacent lot as the place of worship.
c.
Shall be set back at least 50 feet from any adjoining land within
a residential zone or lot available for residential use.
See quarry-related regulations under § 400-154, Mining activity.
160.1.
Reentry drilling is subject to the following requirements:
1.
Notice. The operator shall provide the following notice of reentry
drilling at least 30 days prior to initiating operations at the well
site:
a.
Written certification that the operator is in compliance with
the conditions contained in the initial conditional use approval;
b.
Updated truck routing schedule over Township roads;
c.
Updated compliance with the Township's Road Maintenance
and Bond Agreement for the roads to be utilized;
d.
Updated drilling and related operations schedule/timeline; and
e.
Copies of any new or revised permits and approvals required
for the reentry drilling; and
f.
Confirmation that operator is not in breach of current conditional
use approval.
2.
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.
3.
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.
4.
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.
5.
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.
161.1.
Reentry-related operations are subject to the following requirements:
1.
Application. The operator shall also provide the following:
a.
Written certification that the operator is in compliance with
the conditions contained in the initial conditional use approval;
b.
Updated truck routing schedule over Township roads;
c.
Updated compliance with the Township's Road Maintenance
and Bond Agreement for the roads to be utilized;
d.
Updated drilling and related operations schedule/timeline; and
e.
Copies of any new or revised permits and approvals required
for the reentry-related operation.
2.
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.
3.
Standards and criteria.
a.
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
b.
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).
162.1.
Roadside produce stands shall be permitted as accessory uses
and subject to the following requirements:
1.
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.
2.
Maximum height. The building or structure shall not exceed one story
in height and 500 square feet in area and shall be temporary in nature.
3.
Setbacks. The building or structure shall be located no closer than
10 feet from the right-of-way and no closer than 50 feet from any
property line.
4.
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.
5.
Temporary structures. All buildings or structures shall be dismantled
and removed from the property at the end of growing season.
163.1.
Shopping centers containing a gross floor area in excess of
5,000 square feet shall be subject to the following regulations:
1.
Access. Shall only be located on an arterial or collector road, as
defined by this chapter.
2.
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.
3.
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.
164.1.
Self-storage facilities shall be subject to the following requirements:
1.
Dimensional requirements. The dimensional requirements shall be as
follows:
2.
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.
3.
Screening. Any outdoor trash dumpster shall be screened from view
from a dwelling or street.
4.
Lighting. Outdoor lighting during hours when the facility is not
open to customers shall be limited to lighting necessary for security.
5.
Activities. No business activity other than leasing of storage units
shall be permitted.
6.
Materials. There shall be no storage of explosive, toxic, radioactive
or flammable materials.
165.1.
A small solar energy system shall be permitted as an accessory
use in specified areas subject to the following minimum standards:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
Ground-mounted systems.
a.
No part of a ground-mounted solar energy system shall be located
any closer than 15 feet from any side or rear property lines. No part
of a ground-mounted solar energy system shall be located between the
principal structure on the property and the public street right-of-way,
notwithstanding the aforesaid requirement.
b.
Ground-mounted solar energy systems shall not be placed within
any legal easement or right-of-way location, or be placed within any
stormwater conveyance system or in any other manner that would alter
or impede storm water runoff from collecting in a constructed stormwater
conveyance system.
c.
Ground-mounted solar energy systems shall not be placed in a
manner that would cause a violation of any other section of the Zoning
Ordinance, such as minimum parking requirements, required buffer yards
or other landscaping requirements, maximum impervious coverage limitations
or any other applicable standards.
d.
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.
e.
Ground-mounted solar energy systems shall not exceed a height
of 20 feet.
8.
Roof-mounted systems:
a.
Roof-mounted solar energy systems shall not extend beyond the
peak elevation of the top of the roof on which the panels are to be
constructed.
b.
If the solar panels are to be constructed on a flat roof, no
part of the solar energy system shall exceed beyond the maximum height
requirements for the zoning district in which the building is located.
c.
Roof-mounted solar energy systems shall not be counted as adding
to any impervious coverage calculation.
166.1.
A large solar energy system shall be in specified areas subject
to the following minimum standards:
1.
The minimum lot size for any large solar energy system shall be five
acres.
2.
Large solar energy systems shall be set back a minimum of 100 feet
from any public right-of-way, any lot line, and/or any residential
use.
3.
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.
4.
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.
5.
Solar energy systems shall not be artificially lighted except to
the extent required for safety or by any applicable federal, state
or local authority.
6.
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.
7.
Solar energy systems shall be located where there is a means of vehicular
access from a public or private street.
8.
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.
9.
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:
a.
Certification that the proposed system shall not produce glare
or reflect concentrated solar radiation visible beyond the property
lines of the property upon which the solar energy system shall be
located such that a nuisance situation is created;
b.
Acknowledgement that, should any glare or concentrated solar
radiation produced prove to be visible beyond the property lines of
the property upon which the solar energy system shall be located,
at any time subsequent to the installation of the system, such that,
in the opinion of the Zoning Officer, a nuisance situation or safety
hazard arises for another property owner or the traveling public,
the Township may, at its discretion, require mitigated action or may
require the removal of the system or portion thereof generating the
glare or reflected solar radiation;
c.
Acknowledgement that, should any mitigation or system removal
deemed necessary by the Township fail to be dealt with in accordance
with the Township's determination within 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;
d.
Acknowledgement that the obligations set forth herein shall
continue so long as the subject solar energy system remains in operation
and that any subsequent property owner shall be so notified.
e.
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
10.
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.
11.
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.
167.1.
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.
1.
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.
2.
Buffer. There shall be a buffer of at least 100 feet from the property
line and any pit, ditch, quarry, area of waste disposal or junk storage.
3.
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.
5.
Explosives. The production or storage of any material designed for
use as an explosive which has the potential to endanger surrounding
properties is prohibited.
6.
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.
7.
Heat and glare. No use shall produce heat or offensive glare perceptible
at or beyond the property line.
8.
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.
9.
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%.
10.
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.
11.
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.
12.
Setbacks. No structures, parking or storage area shall be located
closer than 100 feet to any property line.
13.
Vibrations. No use shall produce any physical vibrations perceptible
at or beyond the property line.
14.
Water supply. No use shall unduly disturb bodies of water, watercourses
or wetlands or jeopardize the water supply of adjacent landowners.
168.1.
The following standards shall apply to storage depots and truck
staging areas.
1.
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.
2.
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:
3.
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.
4.
Application information. In addition to the application requirements
set forth in this chapter, the applicant shall provide:
a.
A location map showing the location of the site in the Township
and the proposed ingress to and egress from the site;
b.
The anticipated types of vehicles to be accommodated;
c.
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
d.
Copies of any state, federal or local permits or approvals required
for the construction or operation of the storage depot or truck staging
area.
6.
Site reclamation. Operator must reclaim the site in accordance with
state, federal and local law and within a reasonable period of time.
7.
Refuse. No garbage, hazardous materials or hazardous waste, as defined
by federal statue, or other organic waste shall be stored on the premises.
8.
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.
9.
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.
169.1.
Traffic control sites shall be subject to the following regulations:
1.
Notice. The operator shall provide the following notice of a traffic
control site at least 14 days prior to initiating the use:
a.
Updated truck routing schedule over Township roads;
b.
Updated compliance with the Township's Road Maintenance
and Bond Agreement for the roads to be utilized;
c.
A location map showing the location of the site in the Township
and the proposed ingress to and egress from the site;
d.
The anticipated types of vehicles to be accommodated;
e.
The relevant drilling and related operations schedule/timeline,
if available; and
f.
Proof of the property owner's consent to the use.
2.
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.
170.1.
Where a small wind facility is permitted as an accessory use,
the following minimum standards shall apply:
1.
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.
2.
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.
3.
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.
4.
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.
5.
If guy wire anchors are required, they shall be set back a minimum
of 10 feet from any side and rear property lines.
6.
All electric and utility lines associated with the turbine shall
be buried underground.
7.
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.
8.
The turbine shall not generate noise which exceeds 60 decibels at
any property line.
9.
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.
10.
The co-location of wireless communication antennas on a turbine
tower shall not be permitted.
11.
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.
13.
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.
14.
No lighting, unless required by any FAA requirements, shall
be utilized or attached to the turbine.
15.
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.
