Submission requirements.

Planning Commission.

The Board of Supervisors shall hold public hearings, pursuant to the public notice and written notice requirements of § 350-1104, on and decide requests for conditional uses in accordance with the express standards and criteria of this chapter. The hearing shall be conducted by the governing body, or the governing body may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the governing body. However, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the governing body and accept the decision or findings of the hearing officer as final. In granting a conditional use, the governing body may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary.

The first hearing before the governing body or hearing officer shall commence within 60 days from the date of receipt of the application unless the applicant has agreed in writing to an extension of time. Each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the governing body or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief provided that persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

Decision.

Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

Any expansion of a conditional use proposed after the initial specific approval shall be subject to the application and review requirements of this article.

Any property devoted to a use which is listed as conditional in Articles IV and V of this chapter for the zoning district where the property is located at the time of adoption of this chapter or subsequent amendment affecting the property may continue to operate where the owner proposes to expand the use, he/she shall be subject to the application and review requirements of this article.

Adult businesses shall include:

Adult businesses shall not be located within 1,000 linear feet of any property which is zoned residential.

Adult businesses shall not be located within 500 feet of the property boundary line of the following uses:

Any adult business which exhibits on the premises, film, video cassette or other method of image production which depicts nudity or sexual conduct shall comply with the following:

Where live performances are given, separate stage and viewing areas shall be provided with separate access to each and no connecting access between the areas.

Alcoholic beverages shall not be sold on the premises of an adult business.

An annual occupancy/use permit issued by the Zoning Officer shall be secured prior to the operation of any adult business.

Hours of operation shall be Monday through Saturday, 10:00 a.m. to 10:00 p.m., and closed on Sundays.

An apartment shall be considered a dwelling unit within a building containing at least three such units, each independent of the others and each with access to a common hall leading to the outside or with access directly to the outside.

Sanitary sewer and water services. Each apartment building or group of buildings on the same lot shall be connected to a sewage collection and treatment system and water supply system acceptable to the Sewage Enforcement Officer and the State Department of Environmental Protection. The developer shall establish a public utility company to operate the systems.

Dwelling density. Apartments: one dwelling per 5,000 square feet of lot area.

Dwelling size. Excluding stairways and halls, utility and storage rooms, each dwelling shall contain at least the following floor area:

An apartment may be located within an otherwise commercial building for the owner, operator or manager. The second floor above retail business space on the ground floor may be occupied by apartments.

Parking shall be provided as required by § 350-707.

In the event that the dwellings are to be sold to create condominiums, the owner of the building or buildings shall establish an association of condominium purchasers, to which all purchasers must belong, to succeed in the owner's interests. The association shall have the power to annually levy and collect assessments from the purchasers to operate the services and common areas formerly the owner's responsibility. The association's by-laws shall be reviewed by the Township Solicitor to determine that the interests of the purchasers and the Township are protected.

The premises shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

No garbage or other organic waste shall be stored on the premises.

The manner of storage shall facilitate access for firefighting equipment and shall prevent accumulation of stagnant water.

The operation shall comply with the performance standards of § 350-709 of this chapter.

No junk or wrecked vehicles shall be stored or accumulated and no structure shall be constructed within 100 feet of any dwelling unit or within 40 feet of any property line or public street.

An opaque fence, a minimum of six feet in height shall be provided around the entire perimeter of the lot.

The fence shall be supplemented with planted screening material which creates a visual barrier that is at least 80% opaque.

The operator shall obtain a license from the Township prior to initiating operations which shall be renewable annually upon payment of a fee established by resolution of the Township Board of Supervisors and inspection by the Zoning Officer or his authorized representative to determine continuing compliance with these standards.

All floors above grade shall have two direct means of egress to exit the structure.

One off-street parking space shall be provided for each room available for rent in addition to those required for the dwelling unit.

An approved means of sewage disposal and potable water supply shall be provided.

A minimum site of 10 acres shall be required.

A drainage plan shall be submitted with the application to show existing and proposed runoff characteristics.

Ingress, egress and internal circulation shall be designed to ensure safety and minimize impact on local roads. Plans for ingress/egress shall be reviewed by the Township Supervisors for comments regarding public safety. The applicant shall demonstrate that the granting of the proposed use shall not materially increase traffic congestion on adjacent roads and highways.

All property lines adjoining residential use or zoning classification shall be screened by a planted buffer yard as required by § 350-708 of this chapter.

Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the requirements of § 350-707 of this chapter.

The dish antennas and accessory equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the dish antennas is located.

The dish antennas installation will comply with all federal and state regulations.

Dish antennas shall be blended with the existing the primary structure, if mounted on said structure, to the greatest extent possible.

Fencing. A fence shall be required around the dish antennas support structures and other equipment, unless the dish antennas are mounted on an existing structure. The fence shall be a minimum of eight feet in height.

Landscaping. The following landscaping shall be required to screen as much of the support structures, dish antennas, equipment, the fence surrounding the support structures, and any other ground-level features (such as an accessory building), and in general soften the appearance of the site as much as possible. Brady Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the dish antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.

In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible. A land development plan shall be required for all dish antennas sites, showing the dish antennas, dish antennas support structures, building, fencing, buffering, access to public rights-of-way, and all other items required in Chapter 295, Subdivision and Land Development. The site plan shall not be required if the antennas are to be mounted on an existing structure.

In granting the use, the Supervisors may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.

All approvals will be only for specific facilities set forth in the application. No additions or alterations thereto will be permitted without a new application.

Lot size. The lot size dimensions (depth and width) shall be dictated by the fall radius of the tower. The minimum dimensions shall be the radius of the height of the tower in each direction. (Example: 200-foot-high tower would be required to have a 400-foot-diameter parcel.)

The communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed, in order to satisfy its function in the company's grid system.

If the communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.), and other tall structures. Brady Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. In addition, no antenna shall exceed 200 feet in height.

All communications towers must be stealth towers. A stealth tower is a communications tower which is not recognizable as a conventional communications tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which looks like a tree or a clock tower, or one which is concealed in a church steeple or concrete silo.

The Township Supervisors may waive the stealth tower requirement where the applicant can demonstrate that the requirement is not necessary to protect the health, safety and welfare, considering items such as impact on surrounding and abutting property values; height; screening; number of uses per tower, including public uses; location; and actual setbacks.

Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following:

Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height.

Landscaping. The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground-level features (such as a building), and in general soften the appearance of the cell site. Brady Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.

In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other communications companies, and local police, fire, ambulance services and municipal authority and road departments. In addition, a linear two-mile separation shall be maintained between communications towers, measured from the base of the support structure.

The communications company must demonstrate that it is licensed by the Federal Communications Commission.

Antenna support structure under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures near airports shall meet all Pennsylvania Department of Transportation, Bureau of Aviation and Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except as provided for and required by the Pennsylvania Department of Transportation, Bureau of Aviation and FAA.

A land development plan shall be required for all communication tower sites, showing the antenna, antenna support structure, building, fencing, buffering, access to public rights-of-way, and all other items required in Chapter 295, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure.

In granting the use, the Supervisors may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.

All approvals will be only for specific facilities set forth in the application. No additions or alterations thereto will be permitted without a new application.

A group home is a dwelling occupied by no more than eight persons who are mentally or physically challenged plus supervisory staff persons, overseen by a public agency or private organization. A personal care home is a dwelling which accommodates up to eight persons who are elderly, infirm or have limited mobility but do not require twenty-four-hour nursing care.

A personal care home may be a converted dwelling or a facility built for the purpose. In either case, there shall not be more than one resident per 5,000 square feet of property area.

Each group, personal care and nursing home shall be certified to operate by the Commonwealth of Pennsylvania or have certification pending prior to opening.

Group or personal care homes may be considered as home businesses if operated by the dwelling owner-resident. Larger personal care or nursing homes with nine or more residents may be operated as institutions once approved as conditional uses provided the density standard of § 350-812B herein is met and adequate sewage disposal and water supply systems are provided to meet the needs of the clients.

Maximum interior area: 8,000 square feet.

A health clinic shall be considered a facility providing family health care on a walk-in or appointment basis, including health maintenance and emergency treatment, but not including surgery or overnight care, and involving one or more doctors, dentists, chiropractors or other caregivers.

The facility shall have access directly to a Township collector roadway or state highway.

Parking shall be provided at the ratio of one space for each 200 square feet of floor area, and parking areas shall not be located between the front wall of the building and the street.

Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements shall be excluded from these regulations and the requirement to obtain approval of a conditional use application, provided evidence is presented to the Township that all applicable requirements of the Pennsylvania Department of Environmental Protection (PaDEP) are met.

There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

Mineral removal shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a Wilderness Trout Stream, by the Pennsylvania Department of Environmental Protection (PaDEP) as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.

No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.

No mineral removal shall be conducted within 100 feet of the outside right-of-way line of any public street, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with the law.

No mineral removal shall be conducted which will adversely affect any publicly owned park or paces included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

No mineral removal shall be conducted within 100 feet of a cemetery.

No mineral removal shall be conducted within 300 feet of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.

The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures or shall not substantially diminish underground water resources.

If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

The applicant shall provide reclamation plans for the site that demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county and Township roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Township.

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee restoration of Township streets which may be damaged during the mineral removal operations.

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and federal permits, including proof of insurability, before initiating any work and shall maintain the required permits throughout the duration of all operation. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and/or enforcement of the penalty provisions of this chapter.

Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within six months of the date of approval of the conditional use application by the Board of Supervisors, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.

Once work is initiated under an approved application for conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. An application for renewal of zoning approval shall be submitted prior to the expiration of zoning approval and shall be approved by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation.

During the mineral removal operation, the Township Engineer may inspect the site at the request of the Board of Supervisors to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.

A minimum lot area of five acres shall be required: however, the minimum lot area required may be reduced to not less than 12,000 square feet for public facilities which are located in established neighborhoods within walking distance of the residents they are intended to serve and where no off-street parking is proposed for the facility.

All principal structures shall be located at least 30 feet from any property line.

A buffer yard, as defined by § 350-708 of this chapter, shall be provided where parking for the use or other intensively used facilities such as ball fields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or zoning classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or zoning classification.

The use shall comply with the performance standards of § 350-709 of this chapter.

All lighting shall be shielded away from adjoining streets and properties.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 10:00 p.m.

The minimum site area required for a retirement home or nursing home shall be three acres.

The applicant shall demonstrate that the granting of the proposed use shall not materially increase traffic congestion on adjacent roads and highways.

Nursing homes shall have a bed capacity of not less than 20 beds and no more than 100 beds.

The facility shall be licensed by the commonwealth.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles.

All property lines adjoining residential use or zoning classification shall be screened by a buffer yard as required by § 350-708 of this chapter.

The site shall be serviced by public water and public sewers or an approved private sewer system.

Water volume and pressure shall be adequate for fire protection.

Off-street parking and loading shall be provided in accordance with the requirements of § 350-707 of this chapter.

Access to the site shall be from a public road.

All structures shall be screened from adjacent residential uses or zoning classifications as per § 350-708.

All structures shall be located a minimum of 300 feet from any residential building on any abutting lot or tract.

All outdoor storage shall be screened from adjacent residential properties.

Minimum area shall be at least two acres.

Sawmills shall be set at least 50 feet from the front lot line and at least 75 feet from the side or rear lot lines.

There shall be no storage of logs or processed lumber within 50 feet of any lot line.

Minimum Area Requirements: 25 contiguous acres.

All outdoor activity shall cease at 10:00 PM, prevailing time.

Approved methods of sewage disposal and potable water supply shall be provided.

Adequate off-street, on-lot, all weather parking facilities shall be provided.

Site plan shall be submitted with the conditional use application package showing, at a minimum, all existing and proposed facilities, structures, improvements, amenities and property lines.

All lighting shall be shielded to eliminate glare on adjacent streets and properties.

The proposed use shall not significantly affect surrounding lands devoted to farm use.

All structures shall meet setback, buffer yard and dimensional requirements of this chapter for the applicable zoning district.

The maximum sound emitted from any source on the site, as measured at the property line with an abutting property, shall not exceed 55 DBA.

Parking and other activities on-site shall be arranged so as to provide and allow direct access and egress to the site for emergency vehicles at all times.

A written application for a special exception is submitted demonstrating that the development:

The developer shall submit drawings to the Board indicating the boundaries of the property, location of adjacent streets, the location and height of proposed buildings on the property with dimensions from property lines, access to the property and the location and number of proposed parking spaces.

The public hearing shall be held in accordance with § 350-1104.

The Board, before it grants a special exception, shall make findings of fact and state its reasons for granting the special exception. The Board shall have the authority to require and approve specific plans, to increase the requirements set forth in this chapter, but in no case shall the Board have the authority to decrease the requirements of this chapter for any use in the district it proposes to locate. Any such decrease in the requirements of this chapter shall only be granted upon the issuance of a variance.

All conditions required by the Board shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of special exception.

Such facilities shall be generally limited to golf courses, hunting and fishing clubs, miniature golf courses, golf driving ranges, fishing lakes, tennis clubs or swim clubs. The category shall not be construed to include concert halls or outdoor concert areas, race tracks of any kind, stadiums or similar facilities intended to attract large crowds.

Such facility shall be located on a suitable road that connects to other roads on both ends. A traffic impact study, assessing the impact of the proposed use on existing roads, intersections, and circulation patterns, and setting forth mitigation measures to eliminate or substantially reduce such impacts, shall be submitted as part of the application.

No parking areas shall be located between the principal building on the lot and the abutting road.

All property lines that abut a residential use or district shall be screened with a buffer yard, as defined in § 350-708 of this chapter.

The only dwelling on the property, if one is provided, shall be that of a manager or a caretaker and his family.

The Board may restrict access to the facility, storage of vehicles or materials on the property, and hours of operation to ensure no adverse impacts on adjacent properties.

The Board may restrict outdoor lighting on the property to a greater extent than district regulations may otherwise require, in order to eliminate glare on abutting public roads and private property.

All principal structures such as pools, bath houses, restaurants, or clubhouses shall be set back at least 100 feet from the front property line and at least 50 feet from other property lines.

The proposed apartment will contain at least 450 square feet of floor area;

Each dwelling has separate and complete bathrooms, and cooking and food storage facilities;

Each has separate entrances directly to the outside;

The existing well and septic systems are adequate to handle the second dwelling or a second well and/or septic system are installed at the direction of the Sewage Enforcement Officer; and

Neither apartment is later subdivided and sold as a separate property.

The minimum site size required shall be two acres.

All feed and fertilizer shall be stored at least 200 feet from any dwelling unit or shall be stored within a completely enclosed building.

Any outdoor display area shall be secured by a fence at least eight feet in height which is secured by self-latching gates.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.

The applicant shall demonstrate that the granting of the proposed use shall not materially increase traffic congestion on adjacent roads and highways.

The club qualifies as an organization of persons incorporated pursuant to the provisions of the Membership Corporation Law or the Benevolent Orders Law, which is the owner, lessee, or occupant of an establishment operated solely for a recreational, social, patriotic, political, benevolent, education, or athletic purpose, but not for pecuniary gain, or is the applicant for a permit to operate such an establishment.

That under the constitution or by-laws of the club, the privileges of the club are in fact, or will be, limited to bona fide regularly enrolled, dues-paying members and guests accompanying them.

The applicant shall demonstrate that the granting of the proposed special exception shall not significantly increased traffic congestion on adjacent roadways.

That the club will not be used in whole or in part for the conduct of any business or enterprise for profit, but this requirement shall not be construed to prevent the utilization or rental of such club or parts thereof for benefits or performances for a recognized charity, nor for the meetings of other organizations, nor for educational and cultural purposes.

All property lines adjoining a residential use shall be screened by a buffer yard as required by § 350-708 of this chapter.

No residential accommodations except for a manager and his family shall be permitted.

Landfills shall be located on sites with a minimum of 100 acres in land area.

All landfill disposal areas shall be set back a minimum of 100 feet from all pubic roads.

All landfill disposal areas shall be set back a minimum of 300 feet from an existing dwelling, school or church.

The landfill disposal area shall be screened from public view by dense foliage as per § 350-708, changes in topography or fencing. In addition, a security fence, a minimum of six feet in height, with a lockable gate shall be erected around the perimeter of the site and maintained in good condition.

A traffic and roadway sufficiency analysis shall be submitted to determine the adequacy of the road network and the structural condition of the roads serving the landfill for the traffic to be generated by the landfill.

Access to the landfill shall not be through any residential subdivision or development and shall be from a collector or arterial road.