Township of Upper Hanover, PA
Montgomery County
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Table of Contents
Table of Contents
In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to provide regulations to permit limited industrial and commercial development in appropriate areas in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A. 
Effectively regulate the establishment and maintenance of outdoor storage and other uses as defined herein.
B. 
Protect the public health, safety and welfare from potential dangers and/or any adverse effects which may result from the operation of the uses described herein.
C. 
Contain the standards and criteria for licensing and operating the uses described herein.
D. 
Permit solid waste disposal facilities as per Article XXI, subject to additional criteria intended to protect the public health, safety and welfare from any adverse effects of such facilities and operations.
E. 
Permit other intense uses which are not permitted elsewhere.
F. 
Provide standards and criteria for outside storage and intensive commercial and industrial development in appropriate areas of the Township in accordance with the Comprehensive Plan.
A. 
All presently existing uses as set forth in this article, whether located or not in the OS Outdoor Storage and Intensive Commercial/Industrial District, are declared nonconforming and subject to the provisions of this chapter only at the time of expansion onto adjacent properties, whether or not held in single ownership.
B. 
The intent and interpretation of this section is as follows:
(1) 
Uses existing at the time of 1996 adoption of the OS Outdoor Storage and Heavy Commercial District are considered to be legitimate uses.
(2) 
The Township has no intention of taking any action against such uses which are intended primarily to cause the closure and/or removal of any of these uses.
(3) 
Because of the nature of the uses permitted, it is in the best interest of the Township to require application of all the rules and regulations of the OS District to all new proposals and expansion of these nonconforming uses onto adjacent properties.
(4) 
With regard to nonconforming uses expanding within one property or adding uses permitted by § 500-1902, Permitted uses, herein, the full application procedure of § 500-1905, License regulations, shall not apply; however, all other provisions of this article shall be enforced.
The following are the uses permitted in this district:
A. 
Uses contained in § 500-1801, Permitted uses, of the Limited Industrial District of this chapter, developed according to LI District standards.
B. 
The following uses when approved as a conditional use:
(1) 
Solid waste disposal facilities, recycled materials processing facility, resource-recovery operation, or salvage operation, in compliance with Article XXI, Solid Waste Disposal and Recycling Regulations. In the event of a conflict between requirements of this article and those of Article XXI, the regulations of Article XXI shall prevail.
(2) 
Adult uses, as defined in this chapter, in compliance with the standards and criteria of § 500-816.
(3) 
Outdoor storage business, as defined below, subject in addition to the licensing and operation standards and criteria found in the following sections.
(a) 
Auto graveyard, auto wrecking or salvage, or similar use.
(b) 
Oil and chemical storage areas, fuel depot.
(c) 
Motor vehicle storage and maintenance.
(d) 
Use, storage and/or manufacture of detonable materials.
(4) 
Quarrying or mining operations.
(5) 
Paintball or sportsmen's club.
(6) 
Any other use not permitted within any other district, provided that the applicant shall demonstrate to the satisfaction of the Board of Supervisors that provisions will be made to adequately reduce or minimize any noxious, offensive or hazardous features of such use.
The following dimensional standards shall be applied to subdivision and/or land development proposals, other construction and/or use of land.
A. 
Minimum lot area: five acres.
B. 
Minimum lot width: 250 feet.
C. 
Maximum impervious surface: 50%.
D. 
Maximum building height: The maximum height of any building or other structure erected or used in this district shall be 40 feet, except that the height of any such building or structure may be increased to a maximum of 65 feet or such increased height as may be warranted when approved by the Board of Supervisors as a conditional use for such structures as silos, water towers, provided that, for structures in excess of 40 feet, the minimum setback from property lines and the ultimate right-of-way shall be at least equal to the total height of the structure plus 10 feet.
E. 
Setbacks.
Parking, Loading
Stored Materials, Service Areas
(feet)
Buildings, Storage Areas
(feet)
From the ultimate right-of-way of any public street
30
100
An abutting residential or institutional district boundary line or a property line of such a use
50
100
Any other district boundary line or property line
25
50
[Amended 9-13-2005 by Ord. No. 2005-10]
A license shall be required to own and/or operate an outdoor storage business or a business which includes outdoor storage, as defined herein, and permitted under § 500-1902B(3).
A. 
Plans for new proposals or expansion of any existing OS Outdoor Storage and Intensive Commercial/Industrial District use shall be submitted to the Township Secretary per the final submission date prior to the Planning Commission's regularly scheduled meeting, and such plans shall include all of the information required in § 500-1706, Plan submission and review, and § 500-817, Performance standards, including an environmental assessment statement, per § 500-820 of this chapter.
B. 
The additional license required for an outdoor storage business shall be issued by the Township Supervisors after written application has been made to the Planning Commission by the person, partners, association or others desiring to be licensed.
(1) 
Such application shall state the name of the person or business for whom the license is requested and the premises licensed thereunder.
(2) 
The written application for license herein shall include all of the information required in § 500-1705, Plan submission and review, and § 500-817, Performance standards, and the additional performance standards listed in § 500-1906.
C. 
No incomplete applications will be accepted by the Township Planning Commission.
A. 
Fee, approval, issuance. Upon approval of the Township Supervisors, the Supervisors shall issue a license upon receipt of a license fee in the amount set by resolution of the Board of Supervisors for each and every license issued.
B. 
License limitation. No person licensed under this article shall, by virtue of one license, keep more than one place of business within the Township or maintain more than one of the uses contained in § 500-1902, Permitted uses. A separate license is required for each place of business or use maintained or operated as set forth herein.
C. 
Recordkeeping. Every person licensed under this article shall provide and keep a book which shall be written in the English language, at the time of purchase or receipt of any motor vehicle, a description of the vehicle, the date and hour of purchase or receipt, and the person from whom such article or material was purchased or received. The description of the motor vehicle shall include the trade name; the motor body manufacturer's numbers and any other serial numbers; the style of the body; model; color; and license number.
D. 
Nontransferability. No license issued by the Township shall be transferable by the licensee to any other person unless such a transfer is authorized by written consent of the Township Supervisors. Any person desiring to transfer his license shall notify the Township Supervisors in writing, and notification shall be accompanied by an application for a license, as described in § 500-1904, Application procedure, by the transferee.
E. 
Delay in disposal. Every person licensed under this chapter shall keep and retain upon the licensed premises, for a period of 48 hours after receipt, all motor vehicles received by him and shall not alter the original form, shape or condition until the forty-eight-hour period has elapsed.
No person shall be licensed under this article, nor any plan approved or property used as an outdoor storage use contained in § 500-1902, Permitted uses, herein, unless the property to be used complies with the performance standards of § 500-817 plus the additional regulations listed below:
A. 
Premises shall be maintained so as not to constitute a nuisance or menace to the health of the community or of residents nearby.
B. 
No organic wastes or water shall be discharged, treated or stored, except as shall be approved by the Upper Hanover Authority and the Montgomery County Health Department.
C. 
There shall be erected a front yard fence or wall not less than six feet in height, and it shall be located within the setback area at a point not closer than the ultimate right-of-way line and maintained in a constant state of good repair. The same fence shall be continued around the sides and rear of the portion of property being actively used so that all parts of the outdoor storage operation are enclosed by the fence.
D. 
An adequate internal circulation pattern of streets of at least 20 feet wide shall be maintained in order to allow fire and emergency equipment to maneuver within and to prevent the spread of fires. The internal roads shall be constructed of an all-weather paved material that will permit passage during all types of weather conditions.
E. 
The outdoor storage of any materials or wastes which are visible from any adjoining or opposite residential uses, residential districts, or public roads shall be permanently screened by a buffer area. The primary component of the buffer area shall be placement of evergreen trees and deciduous trees.
(1) 
Evergreen trees shall be planted at a height not less than four feet when planted and attain a height at maturity of not less than 15 feet.
(2) 
Deciduous trees shall be at least 1 1/2 inches in caliper and six feet in height when planted and shall attain a height of not less than 20 feet at maturity.
F. 
Also required as a secondary component of the buffer is one or a combination of the following: grass, ground cover and/or similar vegetation; earth mounding (the use of which is encouraged), provided that slopes shall be a maximum of three to one; fencing; and coniferous shrubbery. Any combination of evergreen trees, deciduous trees, mounding, fencing, coniferous shrubs, or other natural vegetation or man-made material is allowable, provided that they are properly related to one another so as to produce an effective buffer area designed to visually screen the materials or wastes and it is achieved within a reasonable time.
G. 
Permitted uses contained in § 500-1801, Permitted uses, shall be allowed only where direct access can be obtained from a major arterial or collector road, as defined in the Comprehensive Land Use Plan of Upper Hanover Township, and not any local residential streets. In the event that a secondary access driveway is needed and to be taken from a local residential street, it shall be used for emergency purposes only and not for normal business operations.
H. 
No more than two uncrushed vehicles can be stacked on top of one another. All other material and vehicles shall be stored in a manner to prevent any materials or wastes to be washed, blown or otherwise transferred off the site by normal causes or forces and to a height which does not exceed 10 feet.
I. 
Preexisting nonconforming uses contained in § 500-1901 shall comply with the standards as set forth in § 500-817, Performance standards, of this chapter.
The Fire Marshal and/or Building Inspector and/or the Township Engineer are required to regularly inspect the premises of licensed operations to determine if the licensee is in full compliance with the provisions of this chapter and any conditions of the license. Township officials are required to report, not less than once a year, in writing, to the Township Supervisors regarding the conditions of the property. By applying for a license, the property owner or operator of the business in question consents to said inspection.