Canton Township Washington County
City Zoning Code
City Zoning Code
PART 23
LAND USES
§ 27-2301.1 Residential Uses.
[Ord. No. 4-2022, 6/9/2022]
§ 27-2301.1.1 Bed-and-Breakfast Home.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Guests shall not occupy the facility as permanent residents.
3.
No more than 10 guest sleeping rooms shall be available and/or utilized at any one time for the transient guests. Each guestroom may provide lodging for up to two individuals, unless children under the age of 16 years are accompanying the guest. In no instance shall the total number of guests in a bed-and-breakfast exceed 30 people.
4.
No part of the facility shall be rented for social or business functions.
5.
The lot shall meet all area and bulk regulations of the zoning district in which it is located.
6.
Not more than one yard identification sign shall be permitted. The identification sign must conform to Article VI, Signage Requirements, of this chapter.
7.
All required parking spaces shall be provided on the lot and shall not be located in the front yard.
8.
There shall be one space provided for each room, one space provided for each permanent resident and one space per full-time employee if this employee is not a permanent resident.
9.
The driveway entrance and all parking areas shall be referenced in Article VIII, Parking and Loading Requirements, of this chapter.
§ 27-2301.1.2 Group Residential Facility.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Twenty-four-hour supervision of residents by a facility employee approved by the Pennsylvania Department of Public Welfare shall be required.
3.
The institution shall be accredited by the commonwealth.
4.
The institution shall be the sole occupant of the lot. Lot, yard, and all other dimensional requirements of the zoning district in which the facility is located shall be met. Each lot shall include a minimum of 1,600 square feet of exterior open space which is maintained and suitable for passive and/or active recreational use.
5.
Said facility will have no more than six residents and shall not be located within 1,000 feet of another group residential facility.
§ 27-2301.1.3 Mobile Home Park.
§ 27-2301.1.4 Multifamily Apartment Dwelling.
§ 27-2301.1.5 No-Impact Home-Based Business.
§ 27-2301.1.6 Planned Residential Development.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Maximum gross floor area: 4,000 square feet of gross floor area per unit as a whole.
3.
Maximum Impervious Surface. On any portion of the planned residential development, no combination of structures and impervious surfaces, including asphalt or concrete paved areas for parking, access, driveways, pedestrian access walkways and rock-lined stormwater detention facilities, shall exceed 50% of the site area dedicated to limited neighborhood commercial uses.
4.
Minimum site perimeter yard: 50 feet.
5.
Common Open Space. Common open space shall be provided for and shall be designed to provide recreation open space. For planned residential developments, the following additional provisions apply:
A.
Passive Common Open Space. Not less than 15% of the site area of the planned residential development shall be allocated to and shall remain passive common open space in perpetuity. Common open space shall be deed restricted or placed within a trust or conservancy, to prohibit future subdivision or development, except for passive recreational, equestrian and existing cemetery uses which may be permitted with the approval of Canton Township Board of Supervisors. Common open space shall be used for social, passive recreational and/or natural environment preservation purposes. The common open space shall typically include all or part of the following resources:
B.
General Locational and Design Standards.
(1)
Planned residential developments shall be designed around the common open space with areas being placed in undivided preserve. Such areas shall be directly accessible to the largest practicable number of lots within the development. Safe and convenient pedestrian access to the open space shall be provided for all lots not adjoining the open space areas.
(2)
Common open space, particularly perimeter buffer yards, containing existing attractive or unique natural features, such as streams, creeks, ponds, woodlands, specimen trees and other areas of mature vegetation worthy of preservation may be left unimproved and in a natural state. As a general principle, the preservation of undeveloped open space in its natural state is encouraged. A landowner and/or developer may make certain improvements, such as cutting of trails for walking or jogging and the provision of picnic areas.
(3)
No roads, emergency access roads, driveways or existing utility rights-of-way, easements or improvements shall be within the acreage designated for the minimum common open space as required above, except as required as part of the approved common open space.
§ 27-2301.1.7 Single-Family Attached Dwellings.
§ 27-2301.1.8 Single-Family Conversion.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
No more than three dwelling units may be located in the same building.
3.
There shall be at least two means of egress from each floor in the structure.
4.
At least one parking space shall be provided on the premises for each apartment dwelling unit.
5.
Off-street parking in a front yard shall not be permitted except in a driveway.
6.
For new conversions, floor plans shall be reviewed and approved by the Township based on all UCC building regulations.
§ 27-2301.1.9 Single-Family Semidetached Dwellings.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Any site in excess of 10 acres and containing more than 50 dwelling units shall include a minimum of two types of dwelling units, provided however that a minimum of 20% of any one dwelling type shall be provided.
3.
Any site in excess of 25 acres and containing more than 100 dwelling units shall include a minimum of 10% of any one dwelling type shall be provided.
§ 27-2301.1.10 Single-Family Detached Dwelling.
[Ord. No. 4-2022, 6/9/2022]
Subject to all zoning and permit regulations.
§ 27-2301.2 Agricultural Uses.
[Ord. No. 4-2022, 6/9/2022]
1.
Storage of manure and odor-and-dust-producing substances shall follow all PA state regulations.
2.
All grazing and pasture areas shall be adequately fenced.
3.
All permanent structures shall comply with the yard requirements for principal structures in the district in which the property is located.
§ 27-2301.2.1 Commercial Feedlots and Stock Farms and Commercial Raising of Animals.
[Ord. No. 4-2022, 6/9/2022]
1.
Lot Size and Density Restrictions. Minimum lot size of 10 acres shall be required for the keeping of livestock (does not include domesticated animals).
2.
Keeping of livestock must comply with the Pennsylvania Nutrient Management Regulations, 25 Pa. Code Chapter 83, as required by the Department of Environmental Protection.
3.
All keeping of livestock must comply with minimum standards of animal care as required by Pennsylvania law, Pa. Code Title 18, regarding animal cruelty provisions.
4.
The disposal of dead animals shall be in accordance with the Domestic Animal Law, 3 Pa. Code Chapter 23, § 2352. Dead animals shall be disposed of within 48 hours after death.
§ 27-2301.2.2 Fur Farms.
[Ord. No. 4-2022, 6/9/2022]
1.
There shall be no outdoor storage of materials associated with said use.
2.
A waste management plan shall be presented at the time of hearing and shall comply with any applicable state and federal requirements, including all advisories issued by the Pennsylvania Game Commission for the prevention of spread of animal disease.
§ 27-2301.2.3 Kennel.
[Ord. No. 4-2022, 6/9/2022]
1.
All kennels shall follow the Pennsylvania Department of Agriculture Regulations, regarding adequate housing and waste removal.
2.
Domestic pets kept in an outdoor kennel shall be limited to a maximum of three per acre.
3.
Kennels must adhere to all licensing regulations per the Pennsylvania Department of Agriculture.
§ 27-2301.2.4 Riding Academies and Stables.
[Ord. No. 4-2022, 6/9/2022]
1.
Three acres of land must be provided for the first horse and one acre for each additional horse.
2.
The maximum number of horses (reference ordinance 2/2002) permitted may be reduced based on the amount and type of land available and the location of the property in relationship to adjoining land uses. Other criteria to be included in a decision whether to grant land use shall be the number of usable acres, topographical and similar factors such as water supply, and the health, safety and welfare of the adjoining land uses and residents.
3.
A buffer area around the property, in accordance with the standards of this chapter, may be required as a condition of approval.
§ 27-2301.2.5 Veterinary Services (Includes Clinics, Hospitals, Office).
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
The minimum lot area required for a veterinary clinic in all permitted districts shall be based upon animals being treated at facility.
3.
Veterinary clinics in the A-1 District may include indoor/outdoor kennels or runs, provided the requirements of § 27.2301.14.
4.
Overnight boarding of animals other than for medical supervision shall be permitted if the animals are housed overnight in a facility that is adequate for animal type.
5.
Kennels associated with veterinary clinics shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of Chapter 31, of the Pennsylvania Code, of the State Board of Veterinary Medicine.
6.
Odors shall be controlled so as to comply with the performance standards of this chapter.
7.
The veterinary clinic shall not be located within 300 feet of an occupied dwelling on adjacent property unless the building is soundproof.
§ 27-2301.3 Institutional Uses.
[Ord. No. 4-2022, 6/9/2022]
§ 27-2301.3.1 Day-Care Center, Adult or Child.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
A day-care home shall be registered with the Pennsylvania Department of Human Services and shall comply with applicable requirements of the Department. This requirement is a condition of occupancy.
3.
A day-care center shall be located within a 2,500 feet radius of any other care center.
4.
Any outdoor recreational areas on the property shall be fenced with a self-latching gate or otherwise secured and comply with the setbacks of the zoning regulations of the district and requirements of the Pennsylvania Department of Human Services.
5.
Safe vehicular access and off-street areas for discharging and picking up children shall be provided.
§ 27-2301.3.2 Day-Care Home.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
A day-care home shall be registered with the Pennsylvania Department of Human Services and shall comply with applicable requirements of the Department. This requirement is a condition of occupancy.
3.
Any outdoor play areas shall be fenced with a self-latching gate or otherwise secured.
4.
Must follow requirements of parking: Reference Article VIII, Parking and Loading Requirements, of this chapter.
5.
A day-care home shall meet all additional requirements as defined by a low-impact home-based business: Reference Article XIX, Special Conditions for Home-Based Businesses and Occupations.
§ 27-2301.3.3 Cemetery/Mausoleum.
§ 27-2301.3.4 Club, Lodge, Fraternal Organization.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
The hours of operation must be conspicuously posted at the premises such that patrons are sufficiently apprised of the same.
3.
Such club, lodge, or fraternal organization shall not remain open and/or transact business between the hours of 3:00 a.m. and 7:00 a.m., prevailing time of each day. All patrons must vacate the premises by 2:30 a.m. per the regulations of the Pennsylvania State Liquor Board.
§ 27-2301.3.5 Essential Services.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
All items used for essential service shall be stored within the essential service structure or a separate storage building. This restriction does not include items necessary for the operation of the plant which includes, but is not limited to, emergency generators, fuel tanks, drying beds, sedimentation basins, etc.
3.
Odor control mitigation must follow all regulations from Act 537.
4.
Any structure constructed on the premises shall follow all zoning and building permit regulations for accessory structures, per the zoning district.
5.
For all landscaping reference: Article IX, Landscaping, in this chapter.
6.
A minimum 400-foot setback zone from all adjacent property lines shall be provided on the lot where a potable water well is located. The minimum 400-foot setback zone shall be measured from the nearest well head to the adjacent property line.
7.
An erosion and sediment control plan shall be prepared and approved.
8.
A stormwater plan must be submitted: Reference Chapter 17, § 201, of the Canton Township Code of Ordinances.
9.
The Board may also consider placing limitations on signage, access, parking, lighting, and structure height: Reference Articles VI, Signage, and Article VIII, Parking and Loading.
10.
For minimum lot size, yard setbacks, and building coverage follow the zoning and building permit regulations for accessory structures, per zoning district.
§ 27-2301.3.6 Funeral Homes.
§ 27-2301.3.7 Hospitals.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
The institution shall be licensed by the Commonwealth of Pennsylvania and shall have the required approvals of other regulatory agencies and accreditation organizations.
3.
The minimum lot area for a hospital shall not be less than five acres.
4.
The property shall have its principal traffic access to an arterial or collector street, with sufficient capacity to handle the traffic generated by the proposed use.
5.
Any property boundary or street right-of-way must meet all zoning setback regulations of the zoning district.
6.
For all landscaping: Reference Article IX, Landscaping.
§ 27-2301.3.8 Libraries and Museums.
§ 27-2301.3.9 Parks and Recreation, Private.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
All pools, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.
3.
Coverage, including structures, parking lots, and buildings, shall not exceed 50% of the lot.
4.
The facility area, and lot, shall be landscaped pursuant to: Reference Article IX, Landscaping.
5.
All structures shall follow all zoning setbacks for the zoning district.
6.
All facilities shall have a paved parking area in accordance with this chapter.
7.
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present; and shall be constructed in accordance with all applicable requirements.
8.
Tennis courts shall be protected by a permanent fence 10 feet in height behind each base line extending 10 feet beyond the playing area in each direction.
9.
The Township may limit hours within this time frame based on the use and location of the facility.
§ 27-2301.3.10 Places of Assembly.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
The place of assembly shall have direct access to a public street, with sufficient capacity to handle the traffic generated by the proposed purpose.
3.
The place of assembly's primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts, (both pedestrian and vehicular) on the surrounding neighborhood.
4.
The number of points of ingress/egress shall be based on upon projected peak-hour traffic for the use and approved by the Township Engineer to ensure employee and visitor safety.
5.
If a residential facility (i.e., convent monastery) is erected as part of a religious complex, it shall not house more than 20 persons.
§ 27-2301.3.11 Schools.
[Ord. No. 4-2022, 6/9/2022]
§ 27-2301.4 Industry and Development Uses.
[Ord. No. 4-2022, 6/9/2022]
§ 27-2301.4.1 Foundry.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
All materials and equipment shall be stored within a completely enclosed building.
3.
The use shall comply with all performance standards specified in this chapter.
4.
The storage of hazardous materials must follow all hazmat regulations and DEP licensing.
§ 27-2301.4.2 Contractor's Office.
[Ord. No. 4-2022, 6/9/2022]
Must follow all zoning and building permit regulations per zoning district.
§ 27-2301.4.3 Contractor's Plant and Storage.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Areas used for the storage of supplies and equipment shall be screened from view of adjacent residential properties and from adjacent highways.
3.
Lighting of the lot shall adhere to required provisions pertaining to Article XVI, Lighting, of this chapter.
4.
Areas of the lot not occupied by buildings or by storage areas shall follow Article IX, Landscaping, and Article VIII, Parking and Loading.
§ 27-2301.4.4 Distribution Business and Delivery Service.
§ 27-2301.4.5 Food Processing, Storage, Packaging and Distribution.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
All food processing and packaging activities shall be in compliance with Washington County Health Department regulations.
3.
The Washington County Health Department and the Zoning Officer reserve the right and shall be permitted to inspect operations and facilities without prior notice.
4.
No outdoor storage shall be permitted or a lot associated with food processing/packaging.
§ 27-2301.4.6 Landfills.
[Ord. No. 4-2022, 6/9/2022]
1.
Land disposal operations shall be limited to the classification from the Pennsylvania Solid Waste Management Regulations. Specifically excluded are any disposal site for hazardous or infectious wastes as regulated by the PA DEP.
2.
An application shall not be approved unless the proposed landfill has received at least Phase 1 approval from PA DEP, and a Township building permit shall not be issued until the final permit for the disposal site has been granted by PA DEP and a copy filed with the Township.
3.
The owner/operators of any approved landfill site shall be required to apply annually for recertification of their approval. The landfill shall be recertified if the subject site is operating in accordance with all the standards and conditions of the original approval. Any deviation or revocation of the PA DEP disposal site permit shall be an automatic suspension or revocation of all Township permits and approvals.
4.
If a change of ownership occurs, the new owner shall submit a new application immediately. Approval of the new application shall not be granted until a state permit is issued to the new owner by PA DEP.
5.
The Township Engineer, or other official designated by the Board of Supervisors, shall make inspections of the site at least every six months or upon complaint, to determine if the operation is being conducted according to approved plans and permits. The cost of such inspections shall be paid by the disposal site owner. In the event of any violations, the Township shall seek remedies according to its own ordinances and shall notify the PA DEP authorities.
6.
No landfill operations shall take place within 100 feet of any property boundary or within 200 feet of any publicly owned recreation land or facility.
7.
Access roads to the landfill site shall be constructed according to PA DEP permit requirements, and private roads shall be maintained adequately.
8.
No burning of construction, demolition or other waste materials shall be permitted.
9.
When waste deposits have achieved final elevations, or the disposal operation is to be terminated, the owner shall notify the Township and shall file a site plan, prepared by a registered professional engineer, showing the final extent and depth of all disposal operations.
10.
Follow regulations set forth by PA DEP regarding brownfields.
11.
The Township Board of Supervisors may attach reasonable conditions and safeguards, in addition to those contained in this chapter, as it deems necessary to implement the purposes of this chapter and protect the public health, safety and welfare.
§ 27-2301.4.7 Mini Warehouses, Indoor and Outdoor.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Individual storage spaces within a miniwarehouse shall have a maximum gross floor area of 500 square feet. Anything over 500 square feet would fall under warehouse and storage.
3.
For lighting must follow Article XVI, Lighting, of this chapter.
4.
Gates. All gates shall be decorative wrought iron, chain link, other metal type, or wood. All gates shall be subject to review and approval by the County Fire Department and Sheriff's Department to assure adequate emergency access.
5.
Site shall be monitored at all times and management available for contact at all times.
§ 27-2301.4.8 Mineral Extraction (Natural Gas Compressor Stations, Natural Gas Processing Plants, Oil and Gas Drilling Sites).
[Ord. No. 4-2022, 6/9/2022]
Mineral extraction activities, including oil and gas drilling sites, natural gas compressor stations and natural gas processing plants shall be evaluated as subject to the following express standards and criteria.
1.
A conditional use application shall be accompanied with written permission from the property owner(s) who have legal or equitable title in and to the surface of the drill site.
2.
The oil and gas drill sites shall only be permitted to occur on property in all zoning configurations and is a minimum of 10 contiguous acres or larger. Multiple property owners can combine adjoining parcels to achieve the minimum of 10 acres required.
3.
Prior to beginning any work on a drill site, the applicant shall submit to the Township a copy of all permits (General, ESCGP-1) issued by the Pennsylvania Department of Environmental Protection (PA DEP). In addition, the Township shall be provided copies of all plans (erosion and sedimentation control, grading, etc.) required by PA DEP. All required permits shall be maintained throughout the duration of the drilling operation. Any suspension or revocation of permits by PA DEP shall be reported to the Township and shall constitute a violation of this chapter and may result in the suspension or revocation of zoning approval.
4.
Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit.
5.
The applicant must provide the Township with a plan showing the proposed truck routes to be utilized during the drilling operation. The proposed hauling routes must be designed to minimize the impact on collector, connector and local streets within the Township. Hauling routes shall consider limiting drilling traffic to one-way on narrow roads. The Township reserves the right to designate required truck hauling routes throughout the Township.
6.
The applicant or owner of the oil or gas well and any or all subcontractors shall execute an excess maintenance agreement with the Township for a permit and post a bond at the paved highway rate in favor of the Township in a form acceptable to the Township prior to beginning any work on a drill site. The bond is to guarantee restoration of Township roads damaged as a result of hauling associated with the drilling operation.
7.
Use of Township roads for hauling equipment and material shall not be permitted when roads are being used to transport students to and from school. The operators shall coordinate their efforts with the local school district.
8.
In accordance with the appropriate Township ordinance, as amended, driveways accessing the drill site shall be paved with an impervious material from the paved public street for a distance of 50 feet into the drill site. The impervious material shall be in place prior to the commencement of the drilling operation.
9.
The applicable volunteer fire departments, the Township EMS Coordinator, the County EMS Coordinator and the County 911 Office and the ambulance service provider shall be provided a list of all chemicals and waste products used or produced by the oil and/or gas operation.
10.
The Township shall be provided the name of the person(s) supervising the drilling operation and a phone number where such person(s) can be reached 24 hours a day for each day of the week. The Township shall also be provided off-site emergency contact information.
11.
The access driveway off the public road to the drill site shall be gated at the entrance to prevent illegal access into the drill site. The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency. The location of said gate shall be to the satisfaction of the Township. The Township shall also be provided a list and contact information for all subcontractors as well as information that the subcontractors are aware of and understand all pertinent Township ordinances.
12.
Lighting. No drill site lighting used for the drilling operation shall be positioned or directed in such a manner so that it shines directly upon dwellings, public roads, adjacent property or property in the general vicinity of the drill site. Site lighting shall be directed downward and shielded so, as to avoid glare on public roads and adjacent properties.
13.
Dust, Vibration, Odors. All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance with the best accepted practices and to the Township's complete satisfaction. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance of persons living in the vicinity.
14.
Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance with Canton Township's Noise Ordinance depending on the location of a proposed drill site to adjacent residential properties and as more specifically set forth in this chapter.
15.
All drill pads, off-site fracture ponds, natural gas compressor stations and natural gas processing plants shall be secured with a temporary fence with a secured gate as follows:
16.
At the time of conditional use application, a survey of the drill site with all permanent facilities (tanks or other surface installations) with locations and distances to property lines shall be filed with the application.
17.
All permanent facilities shall be painted to blend in with the surrounding area. The Township may require fencing and or landscaping to buffer the facilities form adjacent properties in accordance with Ordinance No. 9 of 2007, as amended.
18.
After the drilling operation is complete, the drill operator shall clean the site, complete all restoration activities and repair any damage to public property caused by such operations within 60 days. Operator shall maintain a six-foot chain link fence around the established wellhead site.
19.
After any spill, leak or malfunction, the operator shall remove or cause to be removed to the satisfaction of the applicable Volunteer Fire Department Chief, Township EMS Coordinator, County EMS Coordinator. County 911 Office and the PA DEP inspectors. All waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations must begin immediately upon knowledge that a spill, leak or malfunction occurs.
20.
The public street entrance and the property on which a drill site is located shall at all times be kept free of mud, debris, trash or other waste materials.
21.
The facility and/or its operation shall comply with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters.
22.
Canton Township reserves the right to impose any other additional conditions necessary to protect the public health, safety and welfare of its residents in order to address any unique characteristics of a particular drilling site.
23.
All applicants for a conditional use shall submit the appropriate fee, reference Canton Township Fee Schedule. Additionally, all applicants shall reimburse the Township for consulting fees and costs incurred in enforcing this ordinance upon a finding of violation by a District Justice.
24.
All applicants submitting a conditional use request for activities authorized by this chapter shall do so on an application form provided by Canton Township and shall submit an application fee: reference Canton Township Fee Schedule. All applicants will be invoiced on a monthly basis for the costs referenced in Section 11 herein,[1] and such costs will be due within 30 days of mailing. This fee may be amended by resolution. Any costs that exceed said fee shall be the responsibility of the applicant.
[1]
Editor's Note: So in original.
25.
A Preparedness Prevention and Contingency Plan, as required by and filed with the Pennsylvania Department of Environmental Protection, shall be submitted to the Township, Volunteer Fire Department, Township EMS Coordinator and County EMS Coordinator.
26.
The applicant shall provide an Emergency Response Plan for local fire departments, Township EMS Coordinator and County EMS Coordinator as follows: During the well drilling activities the fire department or departments will be directed by the well company's competent person on the scene on how to handle the situation at hand. After well drilling activities are completed, when no competent person is on site, evacuate and isolate the area 350 feet around the affected site and contact the Department of Environmental Protection emergency response number, 1-800-541-2050.
27.
Applicants must file a conditional use application and pay the required application fees. The application must contain the following information:
A.
Survey of the drilling unit and the approximate location of the proposed well site or well sites.
B.
A calendar concerning well site development and drilling activities that indicates the following:
(1)
Site preparation beginnings and endings.
(2)
Anticipated drilling activity beginnings and endings.
(3)
Anticipated completion (perforating) work to begin and end.
(4)
Anticipated stimulation (fracturing) work to begin and end.
(5)
Anticipated production work to begin and end.
(6)
Anticipated plugging date.
C.
A list and description of all equipment weighing in excess of 10 tons and identification of the proposed routing of vehicles on Township roads.
D.
A copy of applicant's preparedness, prevention and contingency (PPC) plan.
E.
Outline of training program for Township's first responders.
F.
Information on lighting at the drill site and wellhead or any other area being developed.
G.
Information on anticipated noise levels at drill site.
H.
A map showing the planned access route to the well site from public roads.
I.
A description of the size and composition of the access road to be installed to the drill site.
J.
Applicant's erosion and sedimentation control plan.
K.
A well survey plat showing the planned surface location of the wells and a list of the property owners in the well unit, and acreage participation by each landowner.
L.
Copy of drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP).
M.
Grading and excavation plan for drill site.
N.
Information concerning construction trailers to be located on the site.
O.
Compressor station building plans.
P.
Copy of applicable stormwater permit issued by any and all appropriate state agencies.
28.
Township recognizes and acknowledges that oil and gas development is accompanied by inherent noise. However, the operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the development:
A.
Prior to development of a well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The sound level meter used in conducting this evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
B.
The operator shall maintain documentation of this seventy-two-hour evaluation at its offices. This documentation shall be made available to the Township's Zoning Officer within three business days upon request.
C.
The noise generated during development, when measured at the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level. (as determined by the seventy-two-hour evaluation):
D.
Adjustments to the forgoing noise limits may be permitted in accordance with the following:
Permitted Increase (dBa) | Duration of Increase (minutes)* |
|---|---|
5 | 10 |
10 | 5 |
15 | 1 |
20 | 1 |
NOTES: | |
* | Cumulative minutes during one hour. |
E.
If a complaint is received by the Township from any person, whether a resident or otherwise using the protected structure for any lawful purpose, within 1,500 feet from the wellhead or equipment generation noise, the operator shall, within 24 hours of receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period:
F.
All workover operations shall be restricted to the hours of 7:00 a.m. to 8:00 p.m., except during emergencies, as reasonably determined by the operator. "Workover operations" shall mean work performed in a well after its completion, in an effort to secure production where there has been none, restore production that has ceased, or increase production.
§ 27-2301.4.9 Printing and Publishing.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in this chapter.
3.
Hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
4.
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Township.
§ 27-2301.4.10 Research and Testing Laboratories.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
The facility shall provide evidence of compliance with all applicable county, state and federal laws and regulations regarding the handling of any hazardous substances or live animals.
3.
A written description of all hazardous materials typically used or stored by the proposed use shall be submitted with the application. Upon approval of the application, this listing shall be updated annually and submitted to the Fire Chief and Emergency Management Coordinator; failure to do so may result in the occupancy permit and zoning approval being revoked.
§ 27-2301.4.11 Transportation Depot and Terminals.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
The applicant shall provide a traffic study per the Pennsylvania Department of Transportation regulations.
3.
Truck maneuvering areas shall be improved with an asphalt or concrete surface and such areas shall be located at least 25 feet from all property or public street right-of-way lines.
4.
The applicant shall demonstrate that the establishment will result in no adverse effect on the sanitary sewer and storm drainage system.
§ 27-2301.4.12 Supply Yard.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
An eight-foot-high screen wall shall be constructed around the perimeter of a storage area if equipment and/or materials are not contained within an enclosed building/area. The screen wall shall be measured from the average grade of the adjacent ground, unless otherwise defined by the Township Planning Committee.
§ 27-2301.4.13 Utility Storage Depot.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Outdoor storage of materials or equipment shall be permitted only if the storage area is completely enclosed by a minimum eight-foot-high fence with a locking gate.
3.
Any area of the building that is used for business offices shall comply with the parking requirements of this chapter for that use.
§ 27-2301.4.14 Warehousing and Storage.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
The applicant shall provide a detailed description of the nature of the on-site activities and operations. In addition, the applicant shall comply with state and federal regulations.
3.
The Zoning Officer shall determine that such use will not create detrimental impacts on the surrounding lots, taking into consideration the probable traffic generation, the physical relationship of the proposed use and structure to surrounding uses and structures, the emission of noise or glaring light, and proposed accessory uses, such as meeting facilities.
§ 27-2301.4.15 Waste Recycling Center.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
The potential for noise, fumes and dust shall be evaluated by the Township Board of Supervisors and a finding shall be made that no surrounding properties shall be adversely affected by noise, fumes or dust which may be associated with the use.
3.
Must follow all requirements of Article VII, Ingress and Egress, and Article VIII, Parking and Loading.
4.
User access to the site shall be limited to those times when an attendant is on duty and such times shall be posted on the site.
5.
All areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny public access to the site at unauthorized times or locations.
6.
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township for consideration prior to the Township granting the conditional use.
7.
Must follow all requirements of Article IX, Landscaping.
§ 27-2301.4.16 Wholesale Business.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all requirements of Article VII, Ingress and Egress.
3.
Driveways, entrances and exists shall comply with the applicable requirements of the Pennsylvania Department of Transportation (67 Pa. Code Article I, §§ 1.7,1.8, 1.9).
4.
Must follow all requirements of Article VIII, Parking and Loading.
5.
The facility shall comply with all applicable federal, commonwealth, county and local laws and regulations regarding the handling of hazardous or toxic substances. Suspension of any required permits from other governmental agencies shall result in the suspension of the certificate of occupancy and shall be considered a violation of this chapter.
§ 27-2301.4.17 Adult Businesses.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
3.
Location of Adult Business.
A.
A person is guilty of a violation of this chapter if he operates or appears to be operating an adult business outside of the district in which an adult business is permitted use.
B.
A person is guilty of a violation of this chapter if he operates or appears to be operating an adult business within 1,000 feet of:
C.
A person is guilty of a violation of this chapter if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of an adult business within 5,000 feet of another adult business.
D.
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult business is conducted to the nearest lot line of the premises of a church, public or private pre-elementary, elementary or secondary school, public library, child-care facility or nursery school; or to the nearest boundary of an affected public park.
E.
The distance between any two businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
F.
An adult business lawfully operating as a conforming use can be rendered a nonconforming use by changes in it's surrounding location such as a church, public or private pre-elementary, elementary or secondary school, public library, child-care facility, nursery school or public park within 1,000 feet of the adult business, subsequent to the grant or renewal of the adult business permit. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
G.
No adult business shall be located within 1,000 feet of a lot containing a dwelling as of the effective date of this chapter. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult business is conducted to said property line shared with the dwelling lot.
§ 27-2301.5 Commercial Uses.
[Ord. No. 4-2022, 6/9/2022]
§ 27-2301.5.1 Automobile Car Wash Facility.
[Ord. No. 4-2022, 6/9/2022]
Follow all zoning and building permit and structure regulations.
§ 27-2301.5.2 Automobile Sales and Services.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress.
3.
The business shall include a permanent building on site for offices, display and/or repair. A trailer shall not meet this requirement.
4.
Must follow all regulations of Article VIII, Parking and Loading, Article IX, Landscaping, and Article XVI, Lighting.
5.
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
6.
All hazardous fluids and substances must follow and meet all regulations of the DEP.
§ 27-2301.5.3 Automobile Service Stations.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping and Article XVI, Lighting.
3.
The location of entrances and exits shall be clearly marked with on-lot circulation delineated by on-premises directional signs or pavement markings.
4.
Major repair work, including paint-spraying, body or fender work, shall not be permitted.
5.
No lubrication, or other work shall be performed outdoors.
6.
All debris, used tires and other garbage shall be stored in an enclosed container, emptied periodically, or in such a manner that it is not visible from adjacent properties or roadways.
7.
If accessory uses such as van or truck rental are present, parking for these accessory uses shall be provided in addition to that normally required by the parking regulations herein.
§ 27-2301.5.4 Bakery, Production or Retail.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping and Article XVI, Lighting.
3.
Dumpsters and service areas shall not utilize off-street parking associated with the use. No dumpsters and/or service areas shall be located between the front line of the lot and the front facade of the principal structure in which it is located.
§ 27-2301.5.5 Bank/Financial Institution.
§ 27-2301.5.6 Business Campus.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations of the district.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping and Article XVI, Lighting.
3.
All lot use requirements, engineering and design requirements, recording requirements and the procedural requirements will be considered part of the conditional use procedure.
4.
Direction to grant modifications. The Zoning Hearing Board shall consider whether proposed modifications contained in the application to any of the applicable requirements of this chapter will make for a more efficient, attractive and harmonious planned development. If such modifications, in the judgement of the Zoning Hearing Board, constitute a more beneficial use of the site than provided for under the provisions of this chapter, they may grant the modifications via a zoning hearing.
§ 27-2301.5.7 Casing.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
The facility area and lot boundaries shall be landscaped as required by the provisions of Article IX, Landscaping, of this chapter.
3.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, and Article XVI, Lighting.
4.
Alcoholic beverages without a State Liquor Control Board license shall be prohibited from premises.
§ 27-2301.5.8 Communications Facilities.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping, and Article XVI, Lighting.
3.
The facility shall be set back from all lot lines at least 110% its maximum height, including top-mounted accessories.
4.
No sign or other structure shall be hung from the facility except as required by the FCC.
5.
The developer shall provide a stamped design plan by a registered professional engineer.
6.
Maximum permissible heights shall be subject to the Zoning Officer's review.
7.
Only equipment necessary for the operation and maintenance of the facility shall be permitted on the site.
§ 27-2301.5.9 Drinking Establishment.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping, and Article XVI, Lighting.
3.
All activities must comply with Noise Ordinance (Ord. No. 4-2007, 4/12/2007).
4.
The establishment shall adhere to all regulations set forth by the Pennsylvania Liquor Control Board.
5.
The establishment shall not be located within 300 feet, measured property line to property line, from a school, child or adult day-care center, recreational facility, place of worship, hospital, public building or other structures similar uses where children regularly gather.
§ 27-2301.5.10 Furniture, Home Furnishings, Hardware and Household Appliance Store.
§ 27-2301.5.11 Grocery Store.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping and Article XVI, Lighting.
3.
Dumpsters and service areas shall not utilize off-street parking associated with the use. No dumpsters and/or service areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.
§ 27-2301.5.12 Hotel/Motel.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article IX, Landscaping, and Article XVI, Lighting.
3.
If such facility includes eating and drinking facilities to serve both overnight guests and the general public, then it must provide off-street parking for such facilities in accordance with Article VIII, Parking and Loading, of this chapter.
4.
Sleeping units shall contain a bedroom and bathroom.
5.
The facility shall have access from a public street of sufficient size and capacity to accommodate the projected traffic. If any road improvements or traffic signals are required to an existing public road as a result of the proposed hotel, the hotel owner or developer shall bear the cost of any such improvements.
§ 27-2301.5.13 Indoor Entertainment.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping, and Article XVI, Lighting.
3.
If the establishment serves alcohol it must comply with the Pennsylvania Liquor Control Board regulations.
4.
The establishment shall not remain open and/or transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time, of each day.
§ 27-2301.5.14 Medical Clinic.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping, and Article XVI, Lighting.
3.
Facilities and equipment to support overnight boarding shall not be permitted.
4.
Access for emergency response shall be clearly distinguished and provided so that no parking or circulation of visitor or employee traffic blocks such access.
§ 27-2301.5.15 Restaurant, Fast-Food/Drive-Through.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping, and Article XVI, Lighting.
3.
Dumpster and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No dumpsters and/or service areas shall be located between the front line of the lot and the front facade of the principal structure in which it is located.
§ 27-2301.5.16 Restaurant, Sit-Down.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping, and Article XVI, Lighting.
3.
Dumpster and service areas shall be screened from the public right-of-way and not utilize off-street parking associated with the use. No dumpsters and/or service areas shall be located between the front line of the lot and the front facade of the principal structure in which it is located.
§ 27-2301.5.17 Retail Sales, Convenience and General.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping, and Article XVI, Lighting.
3.
A traffic study shall be required to be submitted where the proposed development, according to the Pennsylvania Department of Transportation regulations. Will generate 100 trips in addition to the adjacent roadways' peak-hour volumes.
§ 27-2301.5.18 Shooting Ranges, Indoor.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building permit regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landseaping, and Article XVI, Lighting.
3.
The building and method of operation shall conform to any applicable Commonwealth of Pennsylvania Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, and lead management.
4.
The design and construction of the shooting range shall be certified by a registered architect or engineer.
A.
The certified plans shall include the specification and construction of the bullet trap(s), ceilings, exterior and interior walls and floors.
B.
The certified plans shall state what type and caliber of ammunition the shooting range is designed to totally confine.
C.
A security plan for the building shall be submitted which secures the shooting range against unauthorized entrants.
5.
For shooting ranges that are other than used for recreational purpose, firearms shall be stored in an acceptable gun safe or another secure locking device.
6.
In multitenant buildings, the shooting range shall be soundproofed to prevent the sound from being heard by persons in adjoining units.
7.
The applicant shall have the burden to demonstrate that the shooting range is designed to promote the safety of all persons on the premises or on abutting property when the shooting range is being used. The applicant may meet its burden by showing compliance with applicable National Rifle Association, Commonwealth of Pennsylvania or other generally recognized guidelines for shooting range design and safety or by submitting evidence from persons with experience and expertise in shooting range design and safety.
§ 27-2301.5.19 Shooting Range, Outdoor.
[Ord. No. 4-2022, 6/9/2022]
1.
Must follow all zoning and building regulations.
2.
Must follow all regulations of Article VII, Ingress and Egress, Article VIII, Parking and Loading, Article IX, Landscaping, and Article XVI, Lighting.
3.
The building, grounds and method of operation shall conform to any applicable federal, state and local standards for operation of an outdoor range including requirements for safety, noise abatement, lead and other waste management.
4.
The design and construction of the range shall be certified by an architect or engineer.
A.
The certified plans shall include the specifications and construction of the bullet trap(s) archery areas, backstops, storage buildings and other amenities.
B.
If applicable, the certified plans shall state what type and caliber of ammunition the shooting range is designed to totally confine.
C.
A security plan for the site, any buildings and/or storage areas shall be submitted which secures the range against unauthorized entrants.
5.
On-site supervision shall be supplied at all times by an adult who is an experienced range operator. The range operator shall be responsible for the conduct of patrons, safety, and order at his or her place of business.
6.
All outdoor shooting ranges shall comply with all state regulations.
7.
The applicant shall have the burden to demonstrate that the range is designed to promote the safety of all persons on the premises or on abutting property when the range is being used. The applicant may meet its burden by showing compliance with applicable National Rifle Association or other generally recognized guidelines for range design and safety or by submitting evidence from persons with experience and expertise in range design and safety.
§ 27-2301.6 Accessory Uses.
[Ord. No. 4-2022, 6/9/2022]
§ 27-2301.6.1 Recreational Accessory Use, Private.
[Ord. No. 4-2022, 6/9/2022]
All pools, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.
§ 27-2301.6.2 Restaurant/Cafeteria Facilities Designated for Employees.
[Ord. No. 4-2022, 6/9/2022]
The sale of any goods, concessions, food or drink shall not be permitted unless a license for an eating-and-drinking establishment has been obtained pursuant to other applicable ordinances and regulations.
§ 27-2301.6.3 Storage and Display Materials.
[Ord. No. 4-2022, 6/9/2022]
The storage and display of materials may not be located within required setbacks and must follow all zoning regulations per that zoning district in which it is located.