Chestnuthill Township
City Zoning Code
City Zoning Code
ARTICLE IV
Additional Requirements for Specific Uses
§ 119-39 Applicability.
A.
This article establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this chapter and the requirements of each district. Wherever two requirements conflict, the stricter requirement shall apply.
§ 119-40 Additional requirements for specific principal uses.
A.
Each of the following uses shall meet all of the following requirements for that use:
(2)
Adult day-care center. See § 119-40A(16).
[Amended 5-1-2014 by Ord. No. 2014-01]
(4)
Animal cemetery. See § 119-40A(13).
[Amended 5-1-2014 by Ord. No. 2014-01]
(5)
Assisted living facility/personal care home. A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.
[Amended 5-1-2014 by Ord. No. 2014-01]
(6)
Vehicle and equipment sales (including mobile homes).
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
No vehicle, equipment or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 119-71D.
(d)
Any mobile homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.
(7)
Vehicle and equipment repair.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
All activities except those to be performed at the fuel or air pumps shall be performed within a building.
(b)
Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet principal building side setback requirements.
(c)
Fuel pump and any other similar canopies shall have pitched roofs, either gable or single slant. Canopy ceilings shall maintain a pitch of at least 12:1 or steeper. The lighting shall be from luminaires recessed into the ceilings of said canopies, so that the lighting elements are not visible from or beyond the lot lines. Lighting shall comply with § 119-48.
(d)
All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line.
(f)
Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exists.
(g)
Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.
(h)
Overnight outdoor storage of junk shall be prohibited within view of a public street or dwelling. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(i)
Any junk vehicle (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(9)
Bed-and-breakfast inn.
(a)
Within a residential district (where permitted under Article III), a maximum of five rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.
(b)
One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed-and-breakfast inn shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.
(c)
There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet. No internal lighting of the sign shall be permitted.
(d)
The use shall have a residential appearance and character.
(e)
The use shall be operated and/or managed by permanent residents of the lot.
(f)
There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.
(g)
No guest shall stay for more than 14 days in any month.
(h)
The use shall be restricted to buildings that existed prior to January 1, 1940.
(10)
Boardinghouse (includes rooming house).
(a)
Minimum lot area: two acres.
(b)
Minimum side building setback: 30 feet side.
[Amended 4-23-2015 by Ord. No. 2015-04]
(c)
Minimum lot width: 200 feet.
(d)
Maximum density: six bedrooms per acre; shall serve a maximum total of 20 persons.
(e)
Each bedroom shall be limited to two adults each.
(f)
A buffer yard with screening meeting § 119-71 shall be provided between any boardinghouse building and any abutting dwelling.
(g)
See also standards for assisted living facility, which is a separate use.
(h)
Signs shall be limited to two wall signs with a maximum of two square feet each.
(i)
Rooms shall be rented for a minimum period of five consecutive days.
(11)
Campground or recreational vehicle park.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
For each acre of total lot area, there shall be a maximum average of three recreational vehicle sites or four tent sites. Such sites may be clustered in portions of the tract.
(b)
Any store shall be limited to sales of common household and camping items to persons camping on the site.
(c)
A commercial campground shall include at least one gravel or paved entrance road from a public street, with a minimum width of 20 feet. The first 100 feet of the campground road from the public street cartway shall be paved.
(d)
Minimum lot area: five acres in a commercial or industrial district, 30 acres in any other district where the use is permitted under Article III.
(e)
All campsites, recreational vehicle sites, buildings and vehicle parking shall be set back a minimum of 150 feet from all residential lot lines. Any existing healthy trees within such setback shall be preserved, except at needed perpendicular entrance road and utility crossings.
(f)
No campsites or buildings shall be located on slopes over 15% slope.
(g)
Maximum impervious coverage: 10%.
(h)
At least one gravel or paved entrance road shall be provided from a public street, with a minimum width of 20 feet.
(i)
No person other than a bona fide resident manager/caretaker shall reside on the site for more than six months in any calendar year. No recreational vehicle shall be occupied on the site for more than six months in any calendar year by any one individual or one family.
(12)
Car or truck wash.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.
(c)
Water from the car or truck wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.
(d)
Any car or truck wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(e)
No portion of a car or truck wash shall be located within 100 feet from the center line of a perennial waterway.
(13)
Cemetery.
(a)
Minimum lot area: two acres, which may on the same lot as an allowed place of worship.
(b)
A crematorium, where allowed, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.
(c)
All structures and graves shall be set back a minimum of 30 feet from the lot line of an abutting dwelling or any undeveloped residentially zoned lot, 20 feet from the future right-of-way of any public street and 10 feet from the cartway of an internal driveway or any other lot line.
(d)
No grave sites shall be located within the one-hundred-year floodplain.
(e)
The applicant shall prove to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that the use will include an appropriate financial system to guarantee perpetual maintenance.
(14)
Wireless communications facilities.
[Amended 2-7-2006 by Ord. No. 2006-03; 3-16-2021 by Ord. No. 2021-02]
(a)
General and specific requirements for non-tower wireless communications facilities.
[1]
The following regulations shall apply to all non-tower WCF that do not meet the definition of a small WCF:
[a]
Permitted in all zones subject to regulations. Non-tower WCF are permitted by right outside of the public rights-of-way in all zones subject to the restrictions and conditions prescribed by this § 119-40A(14)(a) and generally applicable permitting by the Township.
[b]
Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
[c]
Nonconforming wireless support structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
[d]
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
[e]
Wind and ice. All non-tower WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
[f]
Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.
[g]
Public safety communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[h]
Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
[i]
Removal. In the event that use of a non-tower WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF, or portions of WCF, shall be removed as follows:
[i]
All abandoned or unused WCFs and accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.
[ii]
If the WCF or accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
[j]
Financial security. Prior to receipt of a zoning permit for the construction or placement of a non-tower WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the non-tower WCF. Said financial security shall remain in place until the tower-based WCF is removed.
[k]
Insurance. Each person that owns or operates a non-tower WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.
[l]
Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, settlements, liabilities, losses, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
[m]
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[i]
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[ii]
Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.
[iii]
All maintenance activities shall conform to industry maintenance standards.
[n]
Timing of approval.
[i]
Within 90 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, the Township Zoning Director shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.
[ii]
Within 60 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that complies with the requirements of the Township Building Code and does not substantially change the wireless support structure to which it is attached, the Township Building Code Official shall issue the required building permits authorizing construction of the WCF. All applications for such WCF shall designate that the proposed WCF meets the requirements of an eligible facilities request.
[2]
In addition to the requirements in § 119-40A(14)(a) above, the following regulations shall apply to all non-tower WCF that substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:
[a]
Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 119-40A(14).
[b]
Small WCF exemption. Non-tower WCFs that meet the definition of a small wcf shall be exempt from the requirements of this § 119-40A(14)(a)[2]. Such small WCF shall be subject only to applicable permitting and the requirements of § 119-40A(14)(c).
[c]
Prohibited on certain structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, semidetached residences, duplexes, or any residential accessory structure.
[d]
Historic buildings. No non-tower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.
[e]
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Township Fee Schedule and shall comply with the applicable requirements of the FCC.
[f]
Development regulations.
[i]
In a district other than a commercial or industrial district, a non-tower WCF shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The non-tower WCF shall be attached to one of the following existing lawful structures:
[ii]
In a commercial or industrial district, the non-tower WCF shall extend a maximum of 40 feet beyond an existing building or structure (other than a dwelling), provided the non-tower WCF is set back a distance equal to its total height above the ground from any lot line of a dwelling on another lot. The non-tower WCF may be attached to any existing lawful structures in accordance with the requirements of this chapter.
[iii]
All non-tower WCF applicants must submit documentation to the Township justifying the total height of the WCF.
[iv]
If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[v]
A security fence not to exceed eight feet in height shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
[g]
Design. Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Township.
[h]
Removal, replacement and substantial change.
[i]
The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall height of the WCF or increase the number of antennas.
[ii]
Any substantial change to a WCF shall require notice to be provided to the Township Zoning Director, and possible supplemental permit approval as determined by the Township Zoning Director.
[i]
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
[3]
Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the applicable non-tower WCF provisions listed in this § 119-40A(14)(A), the following regulations shall apply to non-tower WCF located in the public rights-of-way:
[a]
Location. Non-tower WCF in the ROW shall be co-located on existing wireless support structures.
[b]
Design requirements:
[i]
WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[ii]
Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
[iii]
Except in the case of co-locations, no non-tower WCF shall be located within 500 feet of any existing WCF to the extent technically feasible. If a non-tower WCF is proposed for location within 500 feet of an existing WCF, the WCF applicant shall present documentation to the Township Board of Supervisors justifying the necessity of such location.
[c]
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
[d]
Equipment location. Ground-mounted accessory equipment shall be located underground or, if undergrounding is demonstrated to be unfeasible, shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township Board of Supervisors. In addition:
[i]
In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, within four feet of the edge of the cartway, or within an easement extending onto a privately owned lot.
[ii]
Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township Board of Supervisors. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls or enclosures to the satisfaction of the Township Board of Supervisors. Screening shall not cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township Board of Supervisors.
[iii]
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township Board of Supervisors. The WCF owner shall be solely responsible for this requirement.
[iv]
Any graffiti on any accessory equipment shall be removed within 30 days upon notification by the Township at the sole expense of the owner.
[v]
Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Township Board of Supervisors.
[vi]
Accessory equipment attached to the wireless support structure shall have a minimum of eight feet of vertical clearance above finished grade.
[e]
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[i]
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[ii]
The operations of the Township or other governmental entity in the right-of-way;
[iii]
Vacation of a street or road or the release of a utility easement; or
[iv]
An emergency as determined by the Township.
[f]
Reimbursement for ROW use. In addition to permit fees as described in this section, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.
(b)
General and specific requirements for tower-based wireless communications facilities.
[1]
The following regulations shall apply to all tower-based wireless communications that do not meet the definition of a small WCF.
[a]
Special exception authorization required. Tower-based WCF are permitted by special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 119-40A(14)(b).
[i]
Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall send via first-class mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent at least 10 days in advance of any such hearing. The WCF applicant shall provide proof of the notification to the Zoning Hearing Board along with the list of return receipts received.
[ii]
Prior to the Zoning Hearing Board's approval of a special exception authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such special exception approval to prove to the reasonable satisfaction of the Township Zoning Hearing Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists. This test is also met when the WCF applicant demonstrates that the WCF is being proposed to densify an existing wireless network, introduce new services or otherwise improve service capabilities.
[iii]
The special exception application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
[iv]
The special exception application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[v]
The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
[vi]
Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present documentation to Township Zoning Hearing Board that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
[vii]
Prior to the issuance of a zoning permit authorizing construction and erection of a tower-based WCF, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception hearing or at a minimum be made a condition attached to any special exception approval given such that the certification must be provided prior to issuance of any zoning or building permits.
[viii]
Application for new tower-based WCF.
[A]
An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The Township Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
{1} | The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost. |
{2} | The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost. |
{3} | Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function. |
{4} | A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower. |
[B]
The Zoning Hearing Board may require that an applicant reimburse the Township a maximum amount of $1,000 to conduct an independent professional review of the WCF applicant's evidence.
[C]
The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.
[b]
Emergency communications. A tower-based WCF that serves emergency communications by a Township-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station, shall be permitted by right. Such tower-based WCF may also serve commercial purposes.
[c]
Development regulations.
[i]
Tower-based WCF shall not be located in or within 50 feet of an area in which all utilities are located underground unless the WCF applicant proves to the satisfaction of the Township that installing its facility in such a location is necessary to provide wireless service and that no other feasible alternative exists.
[ii]
Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by special exception, subject to the requirements of this chapter:
[iii]
Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district.
[iv]
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[A]
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.
[B]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
[d]
Design regulations.
[i]
Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 200 feet in commercial or industrial zoning districts and 150 feet in all other zoning districts in which they are allowed. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the tower-based WCF is the minimum height necessary for the service area.
[ii]
Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted brown or another color approved by Zoning Hearing Board or shall have a galvanized finish. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
[iii]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
[iv]
Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
[v]
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure's height or the applicable principal building setback, whichever is greater, unless the applicant shows to the satisfaction of the Township Zoning Hearing Board that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
[e]
Surrounding environs.
[i]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[ii]
The WCF applicant shall submit a soil report to the Township Zoning Hearing Board complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
[iii]
If a tower-based WCF site is within 150 feet of the center line of a perennial creek, then natural gas or propane is recommended for any emergency or backup power source as an alternative to battery- and/or gasoline-powered generators.
[iv]
If a tower-based WCF is proposed within one mile of the Appalachian Trail, a letter shall be sent by the WCF applicant to the Appalachian Trail Conference notifying the Conference of the proposed tower-based WCF at least 10 days before any public hearing on the application.
[f]
Fence/screen.
[i]
A security fence having a height not to exceed eight feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as guy wires or any building housing WCF equipment.
[ii]
A screen consisting of a hedge planted three feet on center maximum or consisting of evergreen trees each at least four feet in height and planted 10 feet on center maximum, shall surround the tower-based WCF and security fence. Existing vegetation shall be preserved to the maximum extent possible.
[g]
Accessory equipment.
[i]
Ground-mounted accessory equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a lot in residential use.
[ii]
Accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
[iii]
Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing commercial communications antenna(s) space on the tower-based WCF outside of the public ROW.
[h]
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
[i]
Additional antennas. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township Zoning Hearing Board with a written commitment that it will allow at least two other service providers to co-locate antennaes on tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this § 119-40A(14).
[j]
Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
[k]
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
[l]
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
[m]
Wind and ice. Any tower-based WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering department of the Telecommunications Industry Association (ANSI/TIA-222, as amended).
[n]
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[o]
Maintenance. The following maintenance requirements shall apply:
[i]
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.
[ii]
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents and utilize industry standard technology for preventing failures and accidents.
[p]
Radio frequency emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
[q]
Signs. All tower-based WCFs shall have a sign posted in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
[r]
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
[s]
Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
[t]
Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.
[u]
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township Zoning Director, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township Zoning Hearing Board shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.
[v]
Nonconforming uses. Any nonconforming tower-based WCF which is hereafter damaged or destroyed due to any reason or cause may be repaired and restored at its former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.
[w]
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
[i]
All unused or abandoned tower-based WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.
[ii]
If the WCF and/or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
[iii]
Any unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF or pole facility previously removed.
[x]
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Township fee schedule and shall comply with the applicable requirements of the FCC.
[y]
Insurance. Each person that owns or operates a tower-based WCF shall provide the Township Zoning Director with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
[z]
Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, settlements, liabilities, losses, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
[aa]
Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(c)
Regulations applicable to all small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:
[1]
Location and development standards.
[a]
Small WCF are permitted by administrative approval from the Township Zoning Director in all Township zoning districts, subject to the requirements of this § 119-40A(14)(c) and generally applicable permitting as required by the Township Code.
[b]
Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
[c]
Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
[2]
Nonconforming wireless support structures. Small WCF shall be permitted to collocate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
[3]
Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. A small WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
[4]
Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.
[5]
Wind and ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
[6]
Aviation safety. Small WCF shall comply with all federal and state laws and regulations concerning aviation safety.
[7]
Public safety communications. Small WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[8]
Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
[9]
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
[10]
Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.
[11]
Graffiti. Any graffiti on the small wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the Township.
[12]
Design standards. All small WCF in the Township shall comply with the requirements of the Township small wireless communications facility design manual. A copy of such shall be kept on file at the Township Zoning office.
[13]
Timing of approval.
[a]
Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Township Zoning Director shall make a final decision on whether to approve the application and shall notify the small WCF applicant, in writing, of such decision.
[b]
Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Township Zoning Director shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.
[c]
Within 10 calendar days of the date that an application for a small WCF is filed with the Township Zoning Director, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application.
[14]
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental entity in the right-of-way;
[c]
Vacation of a street or road or the release of a utility easement; or
[d]
An emergency as determined by the Township.
[15]
Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
(15)
Conversion of an existing building (including an existing dwelling) into dwelling units.
(a)
See Article III, which regulates where conversions are permitted. Applicable state fire safety requirements shall be met.
(b)
The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:
[1]
The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.
[2]
The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require the placement of more than three off-street parking spaces in the required front setback.
[Amended 4-23-2015 by Ord. No. 2015-04]
(c)
A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building.
(e)
The number of dwelling units permitted shall be based on the applicable unit density requirements for the zoning district of location.
[Amended 5-1-2014 by Ord. No. 2014-01]
(16)
Day-care center, child.
(b)
The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license.
(c)
Convenient parking spaces within the requirements of § 119-76 shall be provided for persons delivering and waiting for children.
[Amended 4-23-2015 by Ord. No. 2015-04]
(d)
In residential districts, where permitted as a principal use, a day-care use shall have a minimum lot area of one acre and a minimum setback of 20 feet from an abutting residential lot line.
(e)
The use shall include secure fencing around outdoor play areas.
(f)
Outdoor play areas of a day-care center involving the care of 25 or more children at any one time shall be set back a minimum of 25 feet from the exterior walls of an abutting existing dwelling.
(g)
This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.
(h)
In residential districts, any permitted day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.
(i)
A day-care use may occur in a building that also includes permitted or nonconforming dwelling units.
(j)
See also the standards for a place of worship in this section, which allows a day-care center as an adjunct use.
(17)
Forestry.
(a)
The following shall apply to commercial forestry involving more than five acres in any calendar year, other than routine thinning of woods:
[1]
A forestry management plan shall be prepared, submitted to the Zoning Officer and followed. This plan shall be prepared by a professional forester. The forestry management plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.
[2]
The forestry management plan shall include an appropriate method to ensure reforestation, except for areas that have received development approval.
[3]
An erosion and sedimentation control plan shall be submitted to the County Conservation District for any review and recommendation.
(b)
Clear cutting shall be prohibited on areas greater than two acres, except as is necessary as part of an approved development. A minimum of 20% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed.
(c)
A sawmill shall be an allowed accessory use to a forestry operation.
(18)
Functional families.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
Purpose. This § 119-40A(18) is to provide for the regulation of functional families that may request to reside in a dwelling unit and to prohibit larger groups of unrelated persons from residing in dwelling units. Larger groups of unrelated persons have been frequently shown to have a detrimental effect on residential neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to the neighborhood.
(b)
Special exception; standards. The Zoning Hearing Board shall consider each application for a functional family as a special exception in accord with the applicable standards of this chapter and, among others, the following considerations:
[1]
The proposed occupants:
[a]
Share a strong bond or commitment to a single purpose (e.g., religious orders);
[b]
Are not legally dependent on others not part of the functional family;
[c]
Can establish legal domicile as defined by Pennsylvania law;
[d]
Share costs of food, rent or ownership, utilities and other household expenses;
[e]
Prepare food and eat together regularly;
[f]
Share in the work to maintain the premises;
[g]
Legally share in the ownership or possession of the premises; and
[h]
Share the entire dwelling unit or act as separate roomers.
[2]
Whether the household has stability akin to a permanent family. The criteria used to make this determination shall include, among others, the following:
[a]
The length of stay together among the occupants in the current dwelling unit or other dwelling units;
[b]
The presence of minor, dependent children regularly residing in the household;
[c]
Whether the household is a temporary living arrangement or a framework for transient living; and
[d]
Whether the composition of the household changes from year to year or within the year.
[3]
Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.
(c)
Conditions. The Zoning Hearing Board may impose such additional conditions as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this chapter will be observed.
(19)
Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:
(b)
A group home shall not include any use meeting the definition of a treatment center.
(c)
A group home shall include the housing of a maximum of six unrelated persons, except:
(d)
The facility shall have adequate trained staff supervision for the number and type of residents. If the facility involves five or more residents, then twenty-four-hour on-site staffing shall be provided.
(e)
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.
(f)
The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
(g)
Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.
(i)
If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
(j)
The persons living on site shall function as a common household unit.
(21)
Junkyard (includes automobile salvage yard).
(a)
Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on-site and routinely awaiting pickup.
(c)
The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 119-71, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(g)
All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.
(h)
Lot area: two acres minimum; 20 acres maximum.
(j)
Any storage of junk shall be maintained a minimum distance of 100 feet from the center line of any waterway, and shall be kept out of a drainage swale.
(22)
Kennel. Kennels are considered regional uses permitted only in certain districts in the Planning Region in accord with § 119-27E and are not permitted in Chestnuthill Township. Changes and expansions of nonconforming kennels in Chestnuthill Township shall be subject to the following requirements:
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines.
(b)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.
(c)
No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.
(d)
See state law regulating kennels.
(e)
Minimum lot area: six acres.
(23)
Animal husbandry, commercial.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
Minimum lot area: five acres.
(b)
Any structure or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of 300 feet from any lot line of an existing dwelling and 100 feet from all other exterior lot lines. As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative.
(c)
The setbacks from property lines shall not apply from dwellings or residential lots owned by the operator or owner of the livestock use, or affected property owners providing a written notarized letter waiving such setback.
(d)
Fencing shall be used as necessary and practical to prevent livestock from entering streets or unauthorized property.
(e)
The keeping of minks or garbage-fed pigs shall be set back a minimum of 600 feet from all lot lines. For any garbage-fed pigs, the applicant shall provide a written statement of the methods to be used to control odors, pests, rodents and health hazards.
(f)
For any new or expanded operation regulated under the Pennsylvania Agricultural Code (3 Pa.C.S.A. § 501 et seq.), the applicant shall provide evidence to the Township that the nutrient management plan and other requirements of the Act and accompanying regulations are being complied with.
(g)
New or expanded manure storage facilities or structures or concentrated feeding areas used for the keeping of livestock or poultry shall:
[1]
Not be located within the one-hundred-year floodplain;
[2]
Not be located within 100 feet of a perennial stream, river, spring, lake, pond or reservoir;
[3]
Not be located within 100 feet of a private water well or open sinkhole;
[4]
Not be located within 100 feet of an active public drinking well or an active intake for a public water supply.
(h)
New or expanded manure storage facilities shall not be located within 200 feet of a property line.
(i)
The maximum building coverage shall be 10%, unless a more-restrictive requirement applies under another section.
(24)
Mineral extraction.
(a)
Application requirements. A copy of all site plan information that will be required by the PADEP shall also be submitted to the Township as part of the zoning application.
(b)
A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Township permits.
(c)
After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.
(d)
A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation. This yard shall include an earth berm with a minimum average height of six feet and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.
(e)
The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:
[1]
One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property;
[2]
One hundred fifty feet from a commercial or industrial building, unless released by the owner thereof;
[3]
Four hundred feet from a residential lot line, other than a dwelling owned by the owner of the mineral extraction use;
[4]
One hundred fifty feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion.
(f)
The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.
(g)
Truck access to the use shall be located to reasonably minimize: hazards on public streets and dust and noise nuisances to residences.
(h)
Fencing. The Zoning Hearing Board may require secure fencing in locations where needed to protect public safety. As an alternative, the Zoning Hearing Board may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed at intervals of not less than 100 feet around the outer edge of the use.
(j)
County Conservation District. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.
(k)
Hours of operation. The Zoning Hearing Board, as a condition of special exception approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.
(l)
The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.
(26)
Mobile home, installed on an individual lot or within a mobile home park approved after the adoption of this chapter.
[Amended 2-7-2006 by Ord. No. 2006-03; 5-1-2014 by Ord. No. 2014-01]
(a)
Construction. Any mobile home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the United States Department of Housing and Urban Development. (Note: These federal standards supersede any International Code for the actual construction of the home itself.)
(b)
Each site shall be graded to provide a stable and well-drained area.
(c)
Each home shall have hitch and tires removed.
(d)
Anchoring. A mobile home on an individual lot or mobile home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home, with a secure base for the tie-downs. The anchoring devices shall extend below the frost line.
(e)
Foundation. The home shall be placed on a foundation meeting the requirements of the Pennsylvania Uniform Construction Code.
(f)
(Reserved)
(27)
Mobile home park.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
Plans and permits. Plans shall be submitted and reviewed by the Township for all mobile home parks in compliance with the mobile home park provisions of Chapter 98, Subdivision and Land Development, and all other provisions of such ordinance that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section). Where this chapter and Chapter 98, Subdivision and Land Development, both regulate the same matter concerning a mobile home park, and the sections conflict, then the provisions of this chapter shall apply concerning that matter.
(b)
The minimum tract area shall be five contiguous acres, which shall be under single ownership, but which may include land in an abutting existing mobile home park. The tract shall have a minimum width at the minimum building setback line of 200 feet. Two abutting lots may be merged together to form a single mobile home park.
(c)
Density. The maximum average overall density shall be three dwelling units per acre. See § 119-34 which provides a method to increase this density.
[1]
To calculate this density, land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodplain, wetlands and slopes over 15% shall not be included.
[2]
Phases. If an existing mobile home park is to be expanded into an area not previously part of that mobile home park, the maximum density and minimum common open space for the new area shall be considered separately from the previously approved areas of the mobile home park. All expansions outward of an existing park shall meet all provisions of this and other applicable ordinances.
(d)
Landscaped perimeter. Each mobile home park shall include a twenty-five-foot-wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception approval. Such landscaped area shall not be required between adjacent mobile home park developments. This landscaped area shall be 35 feet wide abutting existing single-family detached dwellings. The same area of land may count towards both the landscaped area and the building setback requirements.
(e)
A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.
(f)
The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.
(g)
The minimum principal and accessory building setbacks from exterior/boundary lot lines shall be 40 feet.
(i)
Accessory structures. A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.
(j)
Common open space for a mobile home park. A minimum of 20% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall at a minimum include a rectangular grass field suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall at a minimum include landscaped paved trails. A recreation building or pool available to all residents of the development may count towards this requirement. Areas with a width of less than 50 feet shall not count towards this requirement, except in the perimeter buffer yard. This requirement shall be in place of any requirement for recreation land or fees under Chapter 98, Subdivision and Land Development.
(k)
Streets.
[1]
Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
[2]
Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.
[3]
Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Township cartway construction standards.
(l)
Utilities. All units within the mobile home park shall be connected to a public water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements.
(m)
The following provisions shall apply to mobile home parks that lawfully existed prior to the adoption of this chapter:
[1]
The number of dwelling units shall not be increased, except in compliance with all of the provisions of this Subsection A(27).
[2]
One or more existing mobile home(s) may be replaced with a different mobile home as a permitted by right use without meeting all of the requirements of this Subsection A(27), provided that all of the following requirements are met:
[a]
The perimeter building setbacks of the property shall not be reduced from what previously existed, except as is necessary to accommodate a maximum fourteen-foot-wide, seventy-foot-long dwelling where a more narrow or shorter dwelling previously existed.
(28)
Motor vehicle racetrack. Motor vehicle racetracks are considered regional uses permitted only in certain districts in the Planning Region in accord with § 119-27E and are not permitted in Chestnuthill Township. Changes and expansions of nonconforming motor vehicle racetracks in Chestnuthill Township shall be subject to the following requirements:
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
All areas used for the racing, testing and maintenance of motor vehicles shall be set back a minimum of 400 feet from the lot line of an existing dwelling.
(b)
All buildings, parking, loading and unloading areas shall be set back a minimum of 150 feet from the lot line of an existing dwelling.
(c)
The applicant shall prove that the standards of Article V will be met, including noise, lighting and dust.
(d)
Minimum lot area: 50 acres.
(31)
(32)
Place of worship.
(a)
Minimum lot area: three acres, except one acre in the VC or GC district.
(b)
Weekly religious education rooms and meeting rooms are permitted accessory uses provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship provided the requirements for such uses are also met. Noncommercial buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.
(c)
A maximum of one dwelling unit may be accessory to a place of worship on the same lot. Such dwelling shall only be used to house one family. No other residential use shall be allowed.
(d)
If within a residential district, any new place of worship shall be adjacent to an existing collector or arterial street that is in public ownership. See street classifications under "streets" in § 119-21.
(e)
Minimum building setback from a lot line of an existing dwelling in a residential district: 100 feet.
(f)
Minimum parking setback from a lot line of an existing dwelling in a residential district: 40 feet.
(33)
Recreation, outdoor commercial (other than publicly owned recreation).
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
Any outdoor activity area shall be located no closer to any lot line than the required front setback depth and shall be screened and, if necessary, sound insulation shall be provided to protect the neighborhood from any possible noise.
[Amended 4-23-2015 by Ord. No. 2015-04]
(c)
Any swimming pool shall meet the requirements for such use, as stated in this article.
(e)
The minimum lot area shall be 10 acres, unless a more restrictive lot area is established by another section of this chapter.
(f)
Maximum impervious coverage in any residential district: 5%.
(g)
Maximum building coverage in any nonresidential district: 15%.
(i)
Any restaurant, tavern, retail establishment, shooting range, campground, picnic grove, or other recreation use shall only be allowed if those uses are permitted in the applicable district and if all requirements for each such use(s) are also met.
(j)
Wherever woods exist adjacent to an exterior lot line of the use, such woods shall be preserved within at least 50 feet of such lot line, except for approved driveway, utility and trail crossings.
(k)
Hours of operation. The use shall be conducted only between the hours of 9:00 a.m. and 10:00 p.m., unless more restrictive hours are established as a condition of any needed approval.
(l)
Any restaurant, tavern, retail store, target range, campground or picnic ground use shall only be allowed if those uses are permitted in the applicable district and if all requirements for each such use(s) are also met.
(34)
Recycling facility.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
This use shall not be bound by the requirements of a solid waste disposal facility.
(b)
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
(d)
A twenty-foot-wide buffer yard with screening as described in § 119-71 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Township-owned use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.
(g)
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
(h)
The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.
(i)
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.
(35)
Residential conversions. See "conversions of an existing building" within this section.
(37)
School, public or private, primary or secondary.
(38)
Self-storage facility.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
All storage units shall be of fire-resistant construction.
(b)
Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.
(c)
Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.
(d)
Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.
(e)
The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.
(f)
Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.
(h)
Minimum separation between buildings: 20 feet. Maximum length of any building: 300 feet.
(39)
Solid waste transfer facility, solid waste landfill or solid waste-to-energy facility: see definition in Article II. Solid waste transfer facilities, solid waste landfills or solid waste-to-energy facilities are considered regional uses permitted only in certain districts in the Planning Region in accord with § 119-27E and are not permitted in Chestnuthill Township. Changes and expansions of nonconforming solid waste transfer facilities, solid waste landfills or solid waste-to-energy facilities in Chestnuthill Township shall be subject to the following requirements:
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than 1/2 acre in area.
(b)
All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any residential district, perennial creek, publicly owned park or any existing dwelling that the applicant does not have an agreement to purchase.
(c)
The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.
(d)
No burning or incineration shall occur, except within an approved waste-to-energy facility.
(e)
The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Township. Violations of this condition shall also be considered to be violations of this chapter.
(f)
Open dumps and open burning of refuse are prohibited.
(g)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the Township.
(h)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not routinely create noxious odors off of the tract.
(i)
A chain link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary. The Board shall require earth berms, evergreen screening and/or shade trees as needed shall be used to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.
(j)
A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.
(k)
Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
(l)
Attendant. An attendant shall be present during all periods of operation or dumping.
(m)
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
(n)
Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
(q)
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
(r)
Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
(s)
The applicant shall provide sufficient information for the Township to determine that the requirements of this chapter will be met.
(t)
State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Township and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Township regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PADEP at the same time as they are submitted to DEP.
(u)
All loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.
(40)
Stable, commercial (includes riding academies; see also "keeping of pets" in § 119-41).
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
Minimum lot area: two acres for first two horses, plus 1/2 acre for each horse over two.
(b)
Any horse barn, feed areas, manure storage areas or stable shall be a minimum of 250 feet from any residential lot line. Any corral or fenced-in area shall be set back a minimum of 50 feet from any residential lot line.
(c)
Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek. Manure shall not be stored within 100 feet of a perennial waterway.
(41)
Swimming pool, commercial.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
The water surface shall be set back at least 50 feet from any existing dwelling.
(b)
Minimum lot area: one acre.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 119-71.
(d)
The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.
(e)
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.
(42)
Shooting range, outdoor commercial.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
All commercial outdoor shooting ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety.
(b)
The design of the range shall be compared by the applicant with applicable published guidelines of the National Rifle Association. The Board of Supervisors may consider such guidelines to be the generally accepted standard for the safety of these facilities.
(c)
The range and any firing stations shall be located a minimum of 250 feet from any residential lot line. Clay pigeon shooting shall be directed away from homes and streets.
(d)
The range shall be properly posted. The Board of Supervisors may require fencing as necessary.
(f)
The range shall be adequately ventilated and/or air-conditioned to allow the building to remain completely enclosed.
(g)
The range shall only be used for types of firearms or other weapons for which it was specifically designed. Automatic weapons shall not be used.
(h)
The range shall not be used during nighttime hours. Maximum hours and days of operation may be established as a condition of the zoning approval.
(i)
Minimum lot area for a commercial outdoor shooting range: 10 acres, unless a more-restrictive provision is established by another provision of this chapter.
(43)
Townhouses and apartments.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
Maximum number of townhouses attached in any manner: eight.
(b)
Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.
(c)
Garages. It is strongly recommended that all townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.
(d)
Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.
(e)
Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.
(f)
Common open space. A minimum of 20% of the total lot area of the development shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall at a minimum include a rectangular grass field suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall at a minimum include landscaped paved trails. A recreation building or pool available to all residents of the development may count towards this requirement. Areas with a width of less than 50 feet shall not count towards this requirement. This requirement shall be in place of any requirement for recreation land or fees under Chapter 98, Subdivision and Land Development.
(45)
Veterinarian clinic and veterinarian clinic, outdoor facilities.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
Minimum lot area: one acre.
(b)
Any structure in which animals are treated or housed shall be a minimum of 50 feet from any residential lot line. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.
(c)
In the case of veterinarian clinics with outdoor facilities, outdoor runs for small animals shall be permitted for use between 8:00 a.m. and 8:00 p.m., provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking. All outdoor facilities shall be at least 150 feet from any existing dwelling.
(d)
Although animals may be kept as an accessory use, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.
(46)
Additional requirements for land development in the GC General Commercial District.
[Added 5-1-2014 by Ord. No. 2014-01]
(a)
General provisions.
[1]
Applicability. This § 119-40A(46) applies to all land development in the GC District.
[2]
Authority. In addition to the authority granted by Article VI of the Pennsylvania Municipalities Planning Code, as amended, this section is adopted pursuant to Article VII-A of said code, which authorizes traditional neighborhood development.
[3]
Intent.
[a]
This section addresses the physical relationship between commercial development and adjacent properties, public roads, neighborhoods, and natural features, in order to implement Chestnuthill Township's vision for an attractive, efficient, and livable community as described in the Chestnuthill Township Comprehensive Plan.
[b]
The general intent of this section is to promote sustainable business development by providing and requiring a unified and organized arrangement of buildings, signs, service and parking areas, together with adequate off-street circulation among neighboring businesses and harmoniously landscaped open space, planned and designed as an integrated unit, and in a manner to provide efficient, safe, convenient and attractive shopping and service areas in an area of the Township accessible to the regional road system.
[c]
More specifically, commercial development shall:
[i]
Create safe and efficient pedestrian and vehicular circulation patterns;
[ii]
Protect existing residential areas from incompatible land uses;
[iii]
Result in well-planned and well-designed development in scale and character with the setting;
[iv]
Minimize the conflict between nonresidential and residential uses;
[v]
Manage access along the Township's commercial road frontages;
[vi]
Enhance streetscapes along road corridors and monitor and control signs;
[vii]
Provide for the extension of existing and future planned pedestrian and bicycle systems through commercial areas in the Township;
[viii]
Accommodate planned interconnected Township and regional open space within commercial areas;
[ix]
Protect large trees and other natural resources in accord with § 98-31, Conservation design process; and
[x]
Protect property values.
(b)
Standards.
[1]
Density, area and bulk regulations.
[b]
In the case of conflict between this § 119-40A(46) and the other requirements of this chapter or the Subdivision and Land Development Ordinance, the standards in this § 119-40A(46) shall apply.
[c]
Large-scale retail/commercial uses in the GC District shall comply with the standards in § 119-40A(48).
[d]
Height.
[i]
The minimum building height shall be 1.5 stories, and the maximum building height shall be two stories not to exceed 30 feet, excluding parapet walls.
[ii]
The minimum upper-story height shall be nine feet, and the maximum upper story height shall be 14 feet, measured from finished floor to ceiling. In the case of a pitched interior ceiling, the measurement may be made to the highest point.
[2]
Traffic design. Commercial land developments shall comply with the design standards in § 98-76.1B.
[3]
Common open space. Common open space shall be provided in accord with the recreation land dedication requirements in § 98-60. As an alternative, the Township may require a fee in lieu of dedication in accord with § 98-60E.
[a]
The common open spaces shall include pedestrian amenities such as outdoor seating, fountains, planting, patios, plazas and gathering places for use by employees, customers and visitors to the development. Each common open space shall have a minimum depth and width of 10 feet and a minimum total area of 300 square feet.
[b]
Areas not credited. Lands within the following areas shall not be counted towards private common open space or pedestrian amenities required by this section:
[4]
Outdoor display, storage and sales areas. Such areas shall be permitted only where clearly depicted and labeled on the approved land development plan.
[a]
Outdoor display areas. All exterior display areas shall be separated by a minimum of 10 feet from motor vehicle routes by a physical barrier visible to drivers and pedestrians. A minimum walkway width of 10 feet shall be maintained between the display items and any vehicle drives.
[b]
Outdoor storage areas. Such areas include exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, and all other exterior stored items. Such outdoor storage uses and areas shall be appropriately screened as required by § 119-71D.
[c]
Outdoor sales areas.
[i]
Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment.
[ii]
Outdoor sales areas shall be incorporated into the overall design of the building and the landscaping and shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building.
[iii]
If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade.
(d)
Screening.
[1]
Mechanical equipment.
[a]
All ground-mounted and wall-mounted mechanical equipment and any permitted outdoor storage shall be fully screened from on-site and off-site ground-level views, with materials identical to or of equal quality to those used on the building exterior.
[b]
All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs to not be visible from adjoining properties and public streets adjacent to or within 1,000 feet of the subject property. Fences, chain link, wire mesh or wood or similar rooftop screening devices may not be used to meet this requirement.
[2]
Loading docks. Loading docks shall be completely screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. Landscaping shall meet the requirements of § 119-71D and § 98-71 of the Subdivision and Land Development Ordinance.
(47)
Additional requirements for development in the VC Village Commercial/Residential District.
[Added 5-1-2014 by Ord. No. 2014-01]
(a)
General provisions.
[1]
Applicability. This § 119-40A(47) applies to all land development in the VC District.
[2]
Authority. In addition to the authority granted by Article VI of the Pennsylvania Municipalities Planning Code, as amended, this section is adopted pursuant to Article VII-A of said code, which authorizes traditional neighborhood development.
[3]
Intent.
[a]
This section addresses land development in the Township's Village Commercial/Residential Zoning District, in order to implement Chestnuthill Township's vision for an attractive, efficient, and livable community as described in the Chestnuthill Township Comprehensive Plan.
[b]
The general intent of this section is to promote sustainable business development by providing for mixed-use village development which allows a range of complementary residential, commercial and civic uses.
[c]
More specifically, development in the Village Commercial District shall:
[i]
Promote traditional village building and site development patterns with an interconnected and generally rectilinear pattern of streets and blocks, providing for a balanced mix of pedestrians and automobiles;
[ii]
Create safe and efficient pedestrian and vehicular circulation patterns;
[iii]
Protect existing residential areas from incompatible land uses;
[iv]
Encourage economic development while encouraging the traditional main street environment;
[v]
Encourage the rehabilitation and adaptive reuse of historic structures in accord with the Chestnuthill Township Comprehensive Plan;
[vi]
Manage access along the Township's commercial road frontages;
[vii]
Promote residential uses in upper stories;
[viii]
Provide for the extension of existing and future planned vehicular, pedestrian and bicycle systems through commercial areas in the Township;
[ix]
Accommodate planned interconnected Township and regional open space within commercial areas;
[x]
Protect large trees and other natural resources in accord with § 98-31, Conservation design process; and
[xi]
Protect property values.
(b)
Standards.
[1]
Density, area and bulk regulations.
[a]
Density shall be determined by meeting all standards herein, as well as all requirements of 119 Attachment 3, Table of Area, Setback and Building Requirements, and the applicable requirements of Chapter 98.
[b]
In the case of conflict between this § 119-40A(47) and the other requirements of this chapter or Chapter 98, the more-restrictive standard shall apply.
[c]
Height.
[i]
The minimum building height shall be 1.5 stories, and the maximum building height shall be three stories not to exceed 40 feet, excluding parapet walls.
[ii]
The minimum first-story height shall be 10 feet, and the maximum first-story height shall be 15 feet, as measured from finished floor to ceiling.
[iii]
The minimum upper-story height shall be nine feet, and the maximum upper-story height shall be 14 feet, measured from finished floor to ceiling. In the case of a pitched interior ceiling, the measurement may be made to the highest point.
[d]
Incentive for providing upper-story uses. Applicants who provide upper-story uses shall receive a 50% reduction in parking requirements for the usable square footage of the upper story.
[2]
Traffic design. The design of vehicular and pedestrian traffic systems shall be in accord with § 98-76.1B.
[3]
Greening elements. Land development in the VC District shall be exempt from the recreation land dedication requirements in § 98-60 of the Township Subdivision and Land Development Ordinance; provided that for each parcel subject to subdivision and/or land development approval, applicants provide one of the following greening elements, selected from § 119-40A(47)(b)[3][a] through [d] below:
[a]
Common open space. An applicant may provide one common open space in the form of a plaza, outdoor seating or dining area, village green, etc.
[i]
Area requirement. Common open space shall have a minimum depth and width of 10 feet and a minimum total area of 300 square feet for each parcel subject to land development. For tracts over one acre, an additional 300 square feet of common open space shall be provided per 15,000 square feet of tract area. The common open space shall include pedestrian amenities such as outdoor seating, fountains, planting, patios, plazas and gathering places for use by employees, customers and visitors to the development.
[ii]
Areas not credited. Lands within the following areas shall not be counted towards private common open space or pedestrian amenities required by this section:
[b]
Greenway and trail connections. Where an existing or planned public trail or open space adjoins the parcel, as identified on the Chestnuthill Township Official Map, an applicant may meet the requirements of this section by continuing an existing trail or greenway across the parcel.
[c]
Streetscape amenities. An applicant may provide any three features from the following:
[i]
Window box or boxes: provided along ground-floor windows for a minimum length of 48 inches. The planting area within the window box shall be a minimum of six inches deep, vertically and horizontally, and shall be planted with shrubs, groundcovers or flowers.
[ii]
Window box or boxes: same as above, but provided along upper-story windows.
[iii]
Additional planting area: trees, shrubs, groundcover and flowers, planted within an area 40 square feet or greater. Such planting shall be in addition to landscaping and buffering required in this chapter and in the Subdivision and Land Development Ordinance.
[iv]
Street planter: two planters, minimum size of 24 inches in diameter, and plantings.
[v]
Bench: minimum five feet in length.
[vi]
Public art: public art, in the form of a sculpture or mural, visible from the principal street.
[vii]
Water feature: an outdoor fountain or waterfall, visible from the principal street.
[viii]
Bicycle parking: parking racks for bicycles at the rate of three bicycle spaces per 50 vehicle parking spaces; or three bicycle spaces per parcel, whichever is greater.
[d]
Green roof: a green roof, covering at least 30% of the surface area of the roof of the principal structure.
(c)
Building design standards. Any building facade in a land development, visible from a public street, shall demonstrate compliance with the building design standards in § 98-76.1D.
(d)
Outdoor display, storage and sales areas. Such areas shall be permitted only where clearly depicted and labeled on the approved land development plan.
[1]
Outdoor display areas. All exterior display areas shall be separated by a minimum of 10 feet from motor vehicle routes by a physical barrier visible to drivers and pedestrians. A minimum walkway width of 10 feet shall be maintained between the display items and any vehicle drives.
[2]
Outdoor storage areas. Such areas include exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, and all other exterior stored items. Such outdoor storage uses and areas shall be appropriately screened as required by § 98-71 and § 119-71D.
[3]
Outdoor sales areas.
[a]
Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment.
[b]
Outdoor sales areas shall be incorporated into the overall design of the building and the landscaping and shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building.
[c]
If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade.
(g)
Parking. In addition to the landscaping and screening requirements for parking lots in § 119-40A(47)(f), parking shall meet the requirements of § 119-76.
[Amended 4-23-2015 by Ord. No. 2015-04]
(h)
Screening.
[1]
Mechanical equipment.
[a]
All ground-mounted and wall-mounted mechanical equipment and any permitted outdoor storage shall be fully screened from on-site and off-site ground-level views, with materials identical to or of equal quality to those used on the building exterior.
[b]
All rooftop mechanical equipment shall be screened by parapet walls, upper stories, or other areas of exterior walls or roofs to not be visible from adjoining properties and public streets adjacent to or within 1,000 feet of the subject property. Fences, chain link, wire mesh or wood or similar rooftop screening devices may not be used to meet this requirement.
[2]
Loading docks. Loading docks shall be screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. Landscaping shall meet the requirements of § 98-71B(3)(c)[2].
[3]
Solid waste. Dumpsters, refuse containers and other solid waste collection, storage, and conveyance facilities shall, in addition to the requirements of § 119-74, be screened in accord with § 98-71B(3)(c)[2].
(48)
Additional requirements for large-scale retail/commercial land development.
[Added 5-1-2014 by Ord. No. 2014-01]
(a)
General provisions.
[1]
Applicability. This § 119-40A(48) applies to all large-scale retail/commercial land development in the GC and LIC Districts.
[2]
Intent.
[a]
This section addresses the physical relationship between large-scale retail/commercial land development and adjacent properties, public roads, neighborhoods, and natural features, in order to implement Chestnuthill Township's vision for an attractive, efficient, and livable community as described in the Chestnuthill Township Comprehensive Plan.
[b]
The general intent of this section is to promote sustainable business development by providing and requiring a unified and organized arrangement of buildings, signs, service and parking areas, together with adequate off-street circulation among neighboring businesses and harmoniously landscaped open space, planned and designed as an integrated unit, and in a manner so as to provide efficient, safe, convenient and attractive shopping and service areas in an area of the Township accessible to a regional road system.
[c]
More specifically, large-scale retail/commercial development shall:
[i]
Create safe, efficient and separate pedestrian and vehicular circulation patterns;
[ii]
Protect existing residential areas from incompatible land uses;
[iii]
Result in well-planned and well-designed development in scale and character with the setting;
[iv]
Minimize the conflict between nonresidential and residential uses;
[v]
Manage access along the Township's commercial road frontages;
[vi]
Enhance streetscapes along road corridors and monitor and control billboards and other large signs;
[vii]
Provide for the extension of existing and future planned pedestrian and bicycle systems through commercial areas in the Township;
[viii]
Accommodate planned interconnected Township and regional open space within commercial areas;
[ix]
Protect large trees and other natural resources in accord with § 98-31, Conservation design process; and
[x]
Protect property values.
(b)
In the case of conflict between this § 119-40A(48) and the other requirements of this chapter or Chapter 98, the more-restrictive standard shall apply.
(c)
Land development standards.
[1]
Intensity of development, area and bulk regulations. Intensity of development shall be determined by meeting all standards herein, as well as all requirements of the zoning district in which the tract is located and the applicable requirements of the Township Subdivision and Land Development Ordinance.
[2]
Traffic design. Large-scale retail/commercial land developments shall comply with the traffic and circulation design standards in § 98-76.1B.
[3]
Pad sites as part of large-scale retail/commercial development. For pad site buildings located within 150 feet of a perimeter road of any classification, parking and aboveground utilities, including mechanical equipment and trash collection areas, shall be prohibited between the building and the road, but driving aisles shall be permitted between the building and the road.
[4]
Common open space. Common open space shall be provided in accord with the recreation land dedication requirements in § 98-60.
[a]
The common open spaces shall follow the design requirements in § 98-77C.
[b]
In calculating common open space as required by § 98-60, the following standards shall apply:
[i]
Areas not credited. Lands within the following areas shall not be counted towards common open space or pedestrian amenities required by this section:
[ii]
Dimensional requirements. Common open space areas shall have a minimum area of 300 square feet, and in no case shall the length or width be less than 10 feet. Common open space shall not exceed 20,000 square feet except where continuing an adjacent trail, park, or continuation of greenway land.
(d)
Building design standards. Any building facade in a commercial land development, visible from a public street, shall demonstrate compliance with the building design standards in § 98-76.1D. Building facades facing loading areas, rear service areas, or facades adjoining other buildings (attached to at least 50% of the sidewall) are exempt.
(e)
Outdoor display, storage and sales areas. Such areas shall be permitted only where clearly depicted and labeled on the approved land development plan.
[1]
Outdoor display areas. All exterior display areas shall be separated by a minimum of 10 feet from motor vehicle routes by a physical barrier visible to drivers and pedestrians. A minimum walkway width of 10 feet shall be maintained between the display items and any vehicle drives.
[2]
Outdoor storage areas. Such areas include exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, and all other exterior stored items. Such outdoor storage uses and areas shall be appropriately screened as required by § 119-71D.
[3]
Outdoor sales areas.
[a]
Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment.
[b]
Outdoor sales areas shall be incorporated into the overall design of the building and the landscaping and shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building.
[c]
If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade.
(g)
Parking. Parking shall meet the requirements of § 119-76.
[Amended 4-23-2015 by Ord. No. 2015-04]
(h)
Screening. In addition to the requirements in this § 119-40A(48)(h), screening shall also meet the requirements of § 98-71B(3). In the case of conflict, the more-restrictive shall apply.
[1]
Mechanical equipment.
[a]
All ground-mounted and wall-mounted mechanical equipment, and any permitted outdoor storage, shall be fully screened from on-site and off-site ground-level views, with building materials identical to or of equal quality to those used on the building exterior.
[b]
All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs to not be visible from public streets adjacent to or within 1,000 feet of the subject property. Fences, chain link, wire mesh or wood or similar rooftop screening devices may not be used to meet this requirement.
[2]
Loading docks. Loading docks shall be screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. Landscaping shall meet the requirements of § 98-71 and § 119-71D.
(49)
Solar commercial facility. In addition to all applicable provisions of this chapter, the following regulations shall apply to any SCF proposed to be constructed, installed, operated, or decommissioned, and to any upgrade, modification, or structural change that materially alters the size or placement of an existing SCF or its solar energy system(s). An SCF shall be permitted only in the districts as provided by the Use Regulations.
[Amended 10-17-2023 by Ord. No. 2023-01]
(a)
Purpose.
[1]
To address the installation of solar commercial generation in the Township and strike a balance between promoting renewable energy and avoiding areas designated for other uses critical to community and economic development.
[2]
To provide reasonable development standards to facilitate the installation of solar commercial while addressing potential community impacts.
[3]
To reduce traffic impacts by requiring solar facility access to roads with adequate capacity.
(b)
Land development. An SCF shall also meet the requirements of Chapter 98 (Subdivision and Land Development), including, but not limited to, land development requirements.
(c)
Application requirements. In addition to the requirements set forth in § 119-18, the SCF owner and/or applicant shall provide the following as part of the conditional use application:
[1]
Site plan. A descriptive site plan, including, but not limited to, dimensioned setbacks, locations of property lines, roadways and driveways, location, and size of solar modules and/or arrays, elevations and heights of buildings and structures, location and detail of perimeter fencing, and buffer and landscaping requirements.
[2]
Fire protection plan. The site plan shall incorporate a fire protection plan, including, but not limited to, location of hydrants and other on-site and off-site firefighting equipment, and a narrative of same shall be provided to the Township and the West End Fire Company (or other applicable successor local fire company) for review and comment.
[3]
Utility notification. Evidence that the electric utility company has been informed of the owner's and/or operator's intent to install such facility and its intended connection to the utility grid. A copy of the electric utility company's approval to connect to the utility grid shall be provided to the Township if secured at time of conditional use application, but not later than at time of application for zoning permit.
[4]
Permission to apply. An affidavit or evidence of agreement between the property owner and SCF owner and/or operator confirming the SCF owner and/or operator has permission to apply for the conditional use.
[5]
State and federal permits. Copies of all necessary state and federal permits for the construction, installation, operation, and decommissioning of the SCF and its solar energy system(s) shall be provided if secured at time of conditional use application, but not later than at time of application for zoning permit.
[6]
Agency documents. Copies of all studies, analyses, reports, certificates, and approvals required by all agencies shall be provided to the Township if secured at time of conditional use application, but not later than at time of application for zoning permit.
[7]
Decommissioning plan. A proposed decommissioning plan for review and approval by the Board of Supervisors.
(d)
Development standards, requirements, and criteria. The following standards, requirements, and criteria, without limitation, shall apply to an SCF:
[1]
Fence.
[a]
The SCF and its solar energy system(s), solar related equipment, principal and accessory buildings and structures, and parking facilities shall be enclosed by perimeter chain-link fencing, and/or other fencing required by state or federal agency, and access gate(s) at a height between eight and nine feet for the purpose of restricting unauthorized access.
[b]
Such fencing shall be black poly-coated and shall not include barbed wire or similar product unless otherwise required by a state or federal agency.
[c]
A Knox-type box shall be installed on all access gates for emergency access by the West End Fire Company (or other applicable successor local fire company) and other emergency responders.
[3]
Ground cover.
[a]
An area not less than 25 feet in width and planted and maintained with grass and/or other vegetation satisfactory to the Board of Supervisors shall be located between the perimeter required fencing and all solar related equipment as a firebreak. An alternative method of providing SCF perimeter fire protection may be proposed by the SCF owner and/or operator and may be approved by the Board of Supervisors.
[b]
Grass shall be planted and maintained below and between ground-mounted solar modules and/or arrays, except where access roads are provided.
[d]
A note on the SCF land development plan shall detail the type of grass and its maintenance to ensure continuous ground cover, soil stabilization and a minimized risk of a fire hazard.
[5]
Signs. The SCF manufacturer's, installer's, and operator's identification and contact information, emergency contact information and appropriate warning signage not greater than three square feet each, or the minimum square footage signage allowed by applicable code, state, or federal agency, shall be posted on the access gate and/or perimeter fencing as required by applicable regulations. Except as provided herein, an SCF shall not display signage of any kind as defined in § 119-57, Definitions and interpretation.
[6]
Utility lines. All on-site utility lines shall be placed underground unless otherwise approved by the Board of Supervisors. The conditional use site plan and land development plan shall clearly depict where all underground and aboveground utility lines are proposed.
[7]
Bulk and coverage. An SCF shall comply with the following bulk and coverage standards:
Minimum front, side, and rear setback from property lines and street rights-of-way for perimeter fence | 50 feet |
Minimum front, side, and rear setback from property lines and street rights-of-way for solar arrays and their mounting equipment | 100 feet |
Maximum solar array height | 15 feet |
Maximum lot coverage | 60% |
Minimum lot area | 10 acres |
[8]
Lot coverage. The cumulative surface area of solar arrays, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.
[9]
Solar glare. The applicant shall provide details about anticipated glare from the facility, including the time of day, time of year and direction of peak glare periods, and document how potential nuisances to area properties and on public roads will be controlled in accord with § 119-48.
[10]
Standards and certification. The design of the SCF shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters' Laboratories or other similar certifying organizations. The operator shall repair, maintain, and replace the solar collectors and associated equipment in the same manner as needed to keep the facility in good repair and operating condition.
[12]
Emergency contacts. The Township shall be provided with contact name(s), address(es), phone number(s) and emergency contact information. The SCF owner and/or operator shall maintain a phone number and identify the person responsible for the public to contact with inquiries and complaints throughout the life of the project and shall provide this number and name to the Township. The SCF owner and/or operator shall make timely and reasonable efforts to respond to the public's inquiries and complaints.
(e)
Decommissioning. Decommissioning of an SCF or any of its solar energy system(s) shall comply with the following, without limitation:
[1]
Notification of township. If an SCF or any of its solar energy system(s) have not been in operation for a period of six consecutive months, the SCF owner or operator shall notify the Township, in writing, with the reason(s) for inoperability and their intentions to reestablish operations or plans for decommissioning. The SCF owner or operator is required to notify the Township immediately upon cessation or abandonment of the operation. The SCF or one or more of its solar energy systems shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
[2]
Six months for removal. The SCF owner and/or operator shall have six months from cessation or abandonment in which to dismantle and remove the SCF, including all solar related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations, and other associated facilities from the property, and shall comply with § 119-40A(49)(e)[8].
[3]
Decommissioning cost estimate. An independent and certified Pennsylvania professional engineer shall be retained by the SCF owner or operator to estimate the total cost of decommissioning without regard to salvage value of the SCF solar related equipment. Said estimates shall be submitted to the Township Engineer for review, and approval by the Board of Supervisors, and be updated and submitted for such review and approval every fifth year thereafter.
[4]
Decommissioning financial security.
[a]
The SCF owner or operator, prior to the issuance of a zoning permit, shall provide financial security with the Township as payee in an amount approved by the Board of Supervisors. Any of the following, in a form and content acceptable to the Board of Supervisors, shall be an acceptable form of financial security:
[i]
A cash escrow deposited in a money market account, certificate of deposit, or other instrument or account of the Township's choice, provided that such account or financial instrument is insured by the Federal Deposit Insurance Corporation or any similar agency of the United States of America. The Township shall be the sole signatory with respect to that account; provided, however, that the monies in such account shall be considered a trust account and shall not be subject to lien or attachment by third parties.
[ii]
A certificate of deposit or an automatically renewable, irrevocable letter of credit from a financial institution chartered or authorized to do business in this commonwealth and regulated and examined by a federal agency or the commonwealth.
[iii]
A performance bond executed between the applicant and a corporate surety licensed to do business in the Commonwealth of Pennsylvania.
[b]
The amount of financial security shall be increased every five years so that the amount of the same is at least equal to the updated estimate of decommissioning costs, as approved by the Board of Supervisors pursuant to § 119-40A(49)(e)[3], and remain in place for as long as the SCF or its solar energy system(s) exists at the site and until restoration of the site is satisfactorily completed. Except in the case of a cash escrow being held and maintained by the Township, the SCF owner or operator shall be responsible for having the issuer of the financial security describe the status of the financial security in an annual report submitted to the Township. The financial security shall not be subject to revocation, reduction, or termination unless and until approved by the Board of Supervisors based upon the Township Engineer's and Solicitor's recommendation that decommissioning and revegetation have been satisfactorily completed.
[5]
Landowner responsibility. If the SCF owner or operator of its solar energy system(s) fails to complete decommissioning and revegetation within the time period stated herein, then decommissioning and revegetation in accordance with this chapter shall become the responsibility of the landowner. The responsibility for decommissioning by facility heirs, successors and assigns shall be established by a recorded document acceptable to the Board of Supervisors.
[6]
Township intervention. If neither the SCF owner or operator, nor the landowner, completes decommissioning and revegetation within the prescribed periods, then the Township may take such measures and use such of the financial security as necessary to complete decommissioning and revegetation. The submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning and revegetation plan.
[7]
Transferability. A decommissioning plan, and the associated financial security, may not be separated from the SCF facility through a change in ownership. Any new owner shall become a party to the decommissioning plan via appropriate amendment, in form and substance acceptable to the Board of Supervisors, and submit proof of financial security that complies with the requirements of § 119-40.A(49)(e)[3]. The prior owner may not release or revoke the prior owner's financial security until the new owner's proof of financial security is accepted by the Board of Supervisors and notice is provided to the landowner.
[8]
Decommissioning conditions of the zoning permit. If the SCF owner or operator ceases operation of the facility or any of its solar energy system(s), or begins, but does not complete, construction of the project, the SCF owner and/or operator shall restore the site to its condition prior to any disturbance related to the SCF facility. The site shall be restored to a useful, nonhazardous condition, including but not limited to the following:
[a]
Removal of aboveground and underground equipment, structures, and foundations to a depth of at least three feet below grade. Underground equipment, structures and foundations need not be removed if they are at least three feet below grade and do not constitute a hazard or interfere with agricultural use or other resource uses of the land.
[b]
Restoration of the surface grade and soil after removal of aboveground structures and equipment.
[c]
Removal of graveled areas and access roads.
[d]
Revegetation of restored soil areas with native seed mixes and plant species listed in 98 Attachment 12 of Chapter 98.
[e]
For any part of the SCF project on leased property, the plan may incorporate agreements with the landowner regarding leaving access roads, fences, gates, or buildings in place or regarding restoration of agricultural crops or forest resource land.
(f)
Shadows and/or obstructions. Prior to the issuance of a zoning permit, the SCF owner or applicant must acknowledge, in writing, that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title, or create in the property itself 1) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property or 2) the right to prohibit the development on or growth of any trees or vegetation on such property.
(g)
Solar easements. A copy of any solar easements obtained by the applicant and/or operator shall be provided to the Township.
(h)
Storage of related equipment. Solar related equipment and parts not in active operation on the SCF site shall be stored in an enclosed building and/or concealed within solid fencing no closer than the fifty-foot setback per § 119-40A(49)(d)[7].
(i)
Solar commercial facility as a second principal use. An SCF shall be permitted on a property with an existing use in the LIC District subject to the following standards:
[1]
The minimum lot area, minimum setbacks and maximum height required by this § 119-40A(49) for the SCF shall apply and be in addition to the minimum lot area, density, and other requirements applicable to any existing principal use on the property so that the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density, and other requirements applicable to it.
[2]
Vehicular access to the SCF shall, whenever feasible, be provided along the circulation driveways of the existing use.
[3]
The applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the land for the proposed SCF and that vehicular access is provided to the SCF.
(50)
Short-term rentals.
[Added 7-16-2019 by Ord. No. 2019-01]
(b)
Meals. Meals shall not be provided to overnight guests of the establishment.
(c)
Sewage disposal and occupancy. Sewage disposal meeting the requirements of the Township and PA DEP shall be provided. Occupancy shall be limited by the capacity of the sewage disposal system.
(d)
Nonconforming lots. Short-term rentals shall not be permitted on lots which are nonconforming in minimum area.
(f)
PA Uniform Construction Code. All short-term rentals shall comply with PA Uniform Construction Code requirements, as amended.
(g)
Information required. In addition to the other information required by this chapter, the applicant shall include with the application:
[1]
The name, address, telephone number and email address of the owner of the short-term rental for which the permit is issued. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number.
[2]
The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person for the owner of the short-term rental.
[3]
The number of bedrooms and the maximum number of overnight occupants.
[4]
If the building is a two-family or multifamily dwelling structure, the number of dwelling units and the number of dwelling units being used as a short-term rental.
[5]
A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants.
[6]
Copy of a current Monroe County hotel room excise tax certificate and current Pennsylvania sales tax license.
(51)
Data storage centers. Data storage centers as defined in § 119-21 (Definitions) shall conform to the following requirements:
[Added 8-5-2025 by Ord. No. 2025-03]
(c)
An adequate second means of ingress and egress suitable for emergency access to the site shall be demonstrated.
(d)
All parking, principal structures, data center equipment, data center accessory uses, outdoor storage, fuel tanks, battery cells, and/or loading/unloading areas shall be screened by a 100-foot-wide buffer yard from all property lines. A 100-foot buffer is also required along the frontage of all streets. These buffer yards shall meet the following conditions:
[1]
The buffer yard shall include a vegetated screening buffer. The screen buffer plantings are intended to form an impenetrable visual screen and shall include a variety of evergreen tree species to prevent monocultural planting. Trees used for screen buffers shall be comprised of 100% evergreen species.
[2]
Evergreen trees used in the screen planting shall be at least six feet high when planted and shall be of such species as will produce a dense visual screen at least 10 feet high within four years. Where the screen buffer planting requires more than 50 trees, no more than 1/3 of those trees will be of a single variety. Deciduous canopy trees and/or flowering trees, and evergreen shrubs, are encouraged to provide complete screening and visual appeal, in addition to the required evergreen trees. Shrubs shall have a minimum height of 36 inches when planted.
[3]
The following note shall be placed on the conditional use plans and on the recorded land development plan: "Plant materials shall be permanently maintained and any plant material which dies shall be replaced by the landowner."
[4]
Where such screening is required, it shall be assured by a performance guarantee posted with the governing body in an amount equal to the estimated cost of trees and shrubs and plantings. Such guarantee shall be released only after passage of the second growing season following planting.
[5]
The buffer yard may overlap the required side, front, and rear yards for building setback, and, in case of conflict, the larger yard requirements shall apply.
(e)
Data center equipment shall not be located between the principal structure(s) and the street upon which the parcel fronts. DCE shall be separated from all adjacent residential uses by principal buildings. The use shall include an appropriate system to contain and properly dispose of any fuel, grease, oils or similar pollutants that may spill or leak.
(f)
All facilities with gated entrances shall provide for an on-site queuing area for the stacking of a minimum of one tractor-trailer.
(g)
A minimum eight-foot-high black poly-coated chain link fence or other material approved by the Board of Supervisors shall be installed around the perimeter of the development.
(h)
No parking or loading/unloading shall be permitted on or along any public road.
(i)
External building materials shall be of colors that are low-reflective, subtle, or earth tone. Fluorescent and metallic colors shall be prohibited as exterior wall colors.
(j)
LEED certification is strongly encouraged as well as roof-mounted accessory solar energy systems (Leadership in Energy and Environmental Design - LEED).
(k)
The applicant shall coordinate with the Monroe County Control Center to ensure there is adequate radio coverage for emergency responders within the building based upon the existing coverage levels of the Monroe County Control Center Public Safety Radio Communications System at the exterior of the building and shall install enhancement systems if needed to meet compliance.
(l)
Evidence of adequate water and sewage disposal service shall be provided to the Township with the conditional use application.
[1]
Public water/sewer supply. In the case of utilization of a publicly owned or other existing centralized water supply and/or sewage disposal system, the developer shall submit a letter from the operator of such utility indicating the utility owner's willingness to supply service to the development and including a verification of the adequacy of the utility system to serve the proposed development. This letter shall be supplied with the conditional use application.
[2]
On-lot water supply. If an approved public water supply is not accessible and water is to be furnished on a project basis, the applicant shall, upon submission of the conditional use application, submit written evidence that they have complied with all Township and state regulations, and that the proposed system to be installed meets the requirements of the PA PUC, PA DEP, and any other applicable regulations.
[a]
Water resources impact study. A water resources impact study shall be required for all data storage center developments with an anticipated withdrawal of 4,000 or more gallons of water per day over a thirty-day period. The water resources impact study shall be conducted in accordance with the following:
[i]
Purpose. These regulations are to ensure that expansion of production from existing wells or development of new wells for data storage center development in the Township are able to provide a reliable, safe, and adequate supply of water to support the intended use within the capacity of available groundwater resources, and to estimate any impacts of the additional water withdrawals on existing nearby wells, underlying aquifers, wetlands and watercourses.
[ii]
Pumping test and water quality analysis. All elements of the pumping test well and water quality analysis shall be completed prior to submission of the water resource impact study. A well construction permit is required for the pumping test well(s) and monitoring well(s) for preparation of the water resource impact study.
[iii]
Professional preparation. The water resource impact study shall be prepared by a professional geologist and/or professional engineer, licensed in the commonwealth, experienced in the performance of groundwater investigations for water supply wells.
[iv]
Certification. The water resource impact study shall be signed and sealed by the person(s) preparing the study and shall include the following information, with respect to the proposed conditional use application:
[A]
Calculations. Calculations of the projected water demand, including both average and peak daily consumption, using the applicable criteria set forth in the following references:
{1}
The adequacy of nonresidential water supplies shall be determined based upon the minimum water requirements published in Table IV-1.2 of Part IV of the current edition of the PA DEP Public Water Supply Manual. For nonresidential facilities other than those found in Table IV-1.2, the adequacy of nonresidential supplies shall be based upon the flow assumptions published in 25 Pa. Code Chapter 73, Standards for Sewage Disposal Facilities, § 73.17(b), or shall be based on actual water meter or sewage meter flow data for facilities of similar type and size. The applicant shall substantiate any meter flow data used to determine the adequacy of nonresidential supplies by submitting copies of water and/or sewer bills for the similar facilities.
{2}
Guide for determination of required fire flow by the Insurance Services Office (ISO), as amended.
{3}
Standards and manuals for the American Water Works Association, as amended.
{4}
In addition to the above, the projected water demand shall include any additional flow required to comply with National Fire Protection Association specifications for sprinkler systems.
[B]
Area maps. A topographic and geologic map of the area within a one-mile radius of the site.
[C]
Regional map information. The following information shall be provided on a regional topographic map for the area within a 0.5-mile radius of all proposed wells. If any existing wells withdrawing over 10,000 gpd are located within one mile of the site, the mapping radius shall be extended to one mile. Said map shall be up to date by using recent aerial photographs and/or a driving survey.
{1}
The location of all existing and proposed wells, including the test well(s) and monitoring wells.
{2}
The location of all existing and proposed on-lot sewage disposal systems as well as all sewage treatment system surface water discharges.
{3}
The location of facilities storing or handling residual or hazardous wastes and substances or petroleum products.
{4}
The location of all perennial and intermittent watercourses.
[D]
Site plan. A site plan shall be provided, showing existing and proposed lot lines. The following features shall be presented on an up-to-date plan for the site and area within 300 feet beyond the site perimeter.
{1}
Flagged wetland boundaries.
{2}
All springs, seeps and ephemeral pools.
{3}
All watercourses with a statement as to whether they are perennial or intermittent.
{4}
Existing and proposed wells.
{5}
Existing and proposed septic systems.
{6}
Test well(s) and monitoring wells.
{7}
Topography.
{8}
Piezometer wells, if applicable.
[E]
Pumping test wells. The test well shall be the supply well(s) anticipated for use by the facility. A backup well is highly recommended and should be tested on a separate week than the primary well.
[F]
Monitoring wells.
{1}
At least six monitoring wells shall be employed for each pumping test. Monitoring wells shall be evenly spaced radially around the test well so as to represent the region. Wells shall be evenly distanced from the test well so as to experience background in addition to interaction conditions. At least one well shall be no more than 500 feet from the test well. If such a well is not available a monitoring well can be drilled on the site to serve that purpose. The monitoring well should be drilled in a location and constructed in a location, depth and yield so as to later be used as a house well. Information regarding monitoring well casing depth, total depth and water producing zones shall be provided in the final report.
{2}
The applicant shall secure written permission from the property owner for any off-site well to be used for monitoring, that grants the Township permission for a period not to exceed 18 months after completion of the project, to obtain water level measurements and samples of the water for laboratory analysis as required to verify compliance with this chapter.
{3}
Water levels in the monitoring wells shall be made at sufficient frequency during the test so as to allow for a clear understanding of the static water level trend throughout the pumping test. At least one week prior to the pumping of the test well, the monitoring wells shall be measured on at least four separate days. During the pumping test, monitoring wells shall be measured at no less than two-hour intervals during daylight periods. It is highly recommended that either nighttime measurements be made or automated water level logging devices be employed to improve well level data for those wells that are in use. Insufficient or poor quality data may negate the test results. At least four days of post well water level measurements shall be recorded over a period of a week.
{4}
Ground elevation adjacent to the well(s) in addition to the static water level shall be based on USGS vertical datum.
[G]
Testing locations and details. Prior to drilling and/or testing, the Township Engineer shall be provided with the Pennsylvania State Plane Coordinates for the monitoring and test well locations and a map of said locations of the test well(s) and monitoring wells. Prior to drilling and/or testing, the Township Engineer shall be provided with the anticipated pumping test rate and monitoring frequency program which shall be subject to approval by the Township Engineer prior to the test. Dates of drilling and testing shall be made available to the Township Engineer so that they may witness field operations as necessary.
[H]
Geologic log. An accurate geologic log should be maintained during drilling of the pumping test well(s) and monitoring well(s) if applicable, to provide a detailed description of the type and thickness of rocks and overburden encountered. Additionally, the log shall contain information on the depth of all water-bearing zones encountered and the yield from each zone. The total yield from the well shall be measured using a quantitative method. Samples shall be collected every 20 feet during drilling, or at each change in rock type, whichever occurs first.
[I]
Pumping tests. Forty-eight-hour pumping test(s) shall be conducted on the pumping test well(s) at a rate not less than 150% of the combined projected peak daily water demand for the proposed need for which the well represents. The test shall include the monitoring of background water levels in all wells for a period not less than one week prior to start of pumping and one week after pumping. The pumping test shall be conducted during a period when there is no measurable precipitation for at least 48 hours prior to pumping and throughout the test. If precipitation is encountered during this period, the data shall be evaluated using an acceptable method to account for the effects of any recharge upon water levels in the wells, and upon all calculations at a constant pumping test data. Significant recharge during the test may cause the results to be considered invalid. The pumping test shall be followed by a recovery test, with monitoring of water levels in the test well being conducted until at least 95% recovery of draw down is observed in the test well, or until 48 hours after termination of pumping, whichever is first.
[J]
Pumping rate. The pumping test shall be conducted at a constant pumping rate that shall not deviate greater than +/- 5% during the test. The rate of flow shall be monitored by a water meter that tallies total flow volumes as well as reveals pumping rate. The rate of flow from the meter shall be verified periodically through the test with manual bucket and stopwatch measurements and such confirmation measurements recorded and reported.
[K]
Pumping test discharge. The pumping test discharge shall be directed away from and downslope of the test well so as not to significantly influence drawdown in the test well and monitoring wells. The means of conveyance and point of discharge shall be approved by the Township Engineer, and shall be at least 100 feet distant.
[L]
Required data. The report shall include precipitation data, static water level immediately prior to yield testing, hydrograph of depth to water surface during test pumping and recovery period of the test well, graphs of depth to water surface at monitoring wells during the test pumping period, typed and raw field notes showing original observations, water levels and flow readings, and the time readings were taken.
[M]
Water quality. Water quality samples shall be obtained from the test well at both the commencement and termination of the pumping testing to demonstrate that drinking water quality conforms to this section.
{1}
All samples shall be collected, transported and analyzed in accordance with US EPA and PA DEP protocol for drinking water. Sample testing shall be performed by a laboratory certified by the commonwealth to perform drinking water analysis. Laboratory reports shall contain sufficient quality assurance and quality control data to explain any analysis and reporting conditions or deficiencies. Water quality must comply with currently published US EPA national primary and secondary drinking water standards and health advisories.
{2}
Water quality testing shall include, at a minimum, the following parameters: total and fecal coliform, nitrate/nitrite, pH, iron, manganese, sulfate, lead, chloride, hardness, turbidity, odor, total dissolved solids, surfactants (detergents), volatile organic compounds - Group 1 (VOC1) + 10 unknowns, mtbe, herbicides - Group 1 (H1) and pesticides - Group 3 (P3). A library search for tentatively identified compounds (TICs). Additional analysis shall be required if TICs are discovered. Group 1 (VOC1), etc., refers to PA DEP categories of contaminants.
{3}
The applicant shall perform a survey to identify and evaluate potential sources of contamination that may impact water quality in the proposed well(s) and shall perform additional sampling and analysis as may be required to assure water quality is satisfactory for the protection of human health and the environment.
{4}
A well that does not meet the above standards shall be required to meet them through adequate treatment facilities. Installation and annual maintenance cost estimates to adequately treat the water shall be provided in the report.
{5}
The laboratory report shall include and shall contain the name, license number and address of the state drinking water certified laboratory.
[N]
Aquifer capacity. Documentation shall be provided to support the requirement that the aquifer beneath the site has the capacity to provide wells of sufficient yield to meet the needs of the proposed development. Supportive evidence shall consist of wells drilled on-site, neighboring well information, and data available for wells within one-half mile of the site using the Pennsylvania Groundwater Information System (PA GWIS).
[O]
Hydrologic budget. A hydrologic budget shall be calculated, on an annual basis, for the site based upon the drought recharge capacity of the underlying aquifer and the projected peak water demand of the proposed well(s). The budget shall use groundwater recharge values from published references and a drought of at least one-in-ten-year severity. The recharge area for the budget shall consist only of the proposed development project, less impervious surface unless infiltration system considerations are made, if on-site septic systems are proposed, sand mounds, subsurface and at-grade systems may allow for contribution of 90% return of water to the aquifer system. Aquifer contribution from spray, drip and stream discharge shall be determined on a case-by-case basis. A determination shall be made on whether or not the potential exists for adverse effects on hydrogeology of the project vicinity, including adjacent wells, springs, surface water and wetlands, based upon the results of the hydrologic budget.
[P]
On-lot sewage system effects. A narrative describing the design of all on-lot sewage disposal systems and their effect upon groundwater recharge and quality with respect to all proposed and existing water supplies. A nitrate study shall be performed following PA DEP mass balance policy guidelines which include average year recharge from the development site alone, less impervious surface, sewer system design flow rates and a 45 mg/l effluent. Available existing groundwater quality nitrate data shall be obtained from test well(s), adjacent supply wells and springs to include as background nitrate levels. Total nitrate levels shall not be allowed to exceed the 10 mg/l drinking water limit.
[Q]
Effects on waters of the commonwealth. If wetlands, seeps, springs, ephemeral pools and/or streams exist on or within 300 feet of the proposed and existing wells boundary, the report shall address the potential to affect these features as a result of drilling and pumping of the proposed supply wells. Circumstantial evidence to support conclusions regarding this issue shall be considered limited in value. Thus, direct monitoring of water levels and direct measurement of flows during pumping tests shall be required when said surface water features are deemed at potential risk. If staff gauges are used, measured stream and seep flow rates must be provided to quantify flows at various gauge levels. Analysis shall include evaluation of the potential effect from proposed underground utility lines that may penetrate the shallow groundwater system.
[R]
Qualifications. The report shall include a brief statement of the qualifications of the person(s) preparing the study.
{1}
The applicant shall provide proof of review and approval from the Delaware River Basin Commission (DRBC) for projects that have:
a. | Water withdrawals of 100,000 gallons per day (gpd) or more over a thirty-day average from any source or combination of sources within the applicable river basin. |
b. | Any consumptive water use of 20,000 gpd or more over a thirty-day average from any water source. |
[3]
On-lot sewage disposal. The applicant shall demonstrate safe and adequate on-lot sewage disposal capacity for the submission of the conditional use application. This shall include a report detailing the proposed sewage flow generation, soil testing performed and the results of those tests, anticipated pollutant/heat removal technologies and methods, and a map showing the sewage disposal area, along with all conveyance infrastructure and treatment tanks and equipment. The Township Sewage Enforcement Officer shall be notified prior to conducting preliminary deep soil test pit evaluations and percolation/hydraulic conductivity testing.
(m)
An environmental impact assessment shall be performed and submitted with the conditional use application. The assessment shall be prepared by a professional environmental engineer, ecologist, environmental planner, or other qualified individual. An assessment shall include a description of the proposed use including location relationship to other projects or proposals, with adequate data and detail for the Township to assess the environmental impact. The assessment shall also include a comprehensive description of the existing environment and the probable future effects of the proposal. The description shall focus on the elements of the environment most likely to be affected as well as potential regional effects and ecological interrelationships. At a minimum, the assessment shall include an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts. The assessment shall also include detailed examination of public resources most likely impacted by the development plan and include the following focus areas:
[1]
The potential for public nuisance to residents resulting from operations, including noise, glare, light, and visual obstacles.
[3]
Consistency with the municipal and county comprehensive plan. The applicant shall submit an assessment report of the impact of the proposed use on the goals of the respective plans. Where the proposed use conflicts with the comprehensive plan, the assessment report shall identify mitigation measures which may be undertaken to offset any degradation, diminution, or depletion of public natural resources.
[4]
Additional considerations. The following shall also be addressed:
[a]
Alternatives analysis. A description of alternatives to the impacts.
[b]
Adverse impacts. A statement of any adverse impacts which cannot be avoided.
[c]
Impact minimization. Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction, including design considerations.
[d]
Mitigation steps. Listing of steps/structural controls proposed to minimize damage to site before and after construction.
[5]
Critical impact areas. In addition to the above, plans should include any area, condition, or feature which is environmentally sensitive or which if disturbed during construction would adversely affect the environment.
[a]
Critical impact areas include, but are not limited to, floodplains, riparian buffers, streams, wetlands, slopes greater than 15%, highly acid or highly erodible soils, hydric soils, hydrologic soil groups, areas of high-water table, and mature stands of native vegetation and aquifer recharge and discharge areas.
[b]
A statement of impact upon critical areas and of adverse impacts which cannot be avoided.
[c]
Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction.
(n)
The applicant shall provide an interconnection agreement with the conditional use application from the applicable electric service provider indicating that the necessary capacity is available, and the data storage center will be served. Known impacts on electric rates or availability for other uses directly attributable to the data storage center project shall be noted.
(o)
Fire protection plan. The site plan shall incorporate a fire protection plan, including, but not limited to, location of hydrants and other on-site and off-site firefighting equipment, and a narrative of same shall be provided to the Township and the West End Volunteer Fire Company (or other applicable successor local fire company) for review and comment. A Knox-type box shall be installed on all access gates for emergency access by the West End Volunteer Fire Company (or other applicable successor local fire company) and other emergency responders.
(p)
Permission to apply. An affidavit or evidence of agreement between the property owner and applicant and/or operator confirming the applicant and/or operator has permission to apply for the conditional use.
(q)
Noise control.
[1]
For data storage center uses, it shall be demonstrated through a sound study conducted by a professional acoustical expert that the installation of one or more sound reducing materials or systems, approved by the Township professional acoustical expert, will effectively reduce the sound generated by the data center and associated DCE during normal operations and testing and maintenance operations (i.e., all standby emergency equipment, including but not limited to generators) to a maximum daytime (7:00 AM to 8:00 PM, Monday through Friday) decibel level of 67 dB(A) and a maximum nighttime (8:00 PM to 7:00 AM, Monday through Friday, and all day Saturday and all day Sunday) decibel level of 57 dB(A) as measured from all external property lines of the data center use. Such sound study or studies shall be conducted using sound level meters described in ANSI S1.4-2014 and using generally accepted criteria. A sound study shall be conducted at the following phases:
[a]
A preliminary sound study for the data storage center and associated DCE shall be conducted as part of the conditional use process. The preliminary sound study shall recommend the sound reducing materials or systems to meet the aforesaid sound limits.
[b]
An interim sound study shall be conducted during the building permit process based upon the proposed user or users of the data storage center and associated DCE depicted on the building plans. The sound reducing materials or systems recommended by the interim sound study shall be incorporated into the construction plans for the data storage center.
[c]
An as-built sound study shall be conducted six months after issuance of the certificate of occupancy for any data storage center and associated DCE prior to the final escrow release for any data storage center land development phase. An as-built sound study may also be required thereafter by the Township upon request.
[d]
If it is determined by an as-built sound study that there is a violation of the aforesaid sound limits, then the owner or occupant of the data storage center shall promptly remediate the violation.
[e]
In the event of a failure by the owner or occupant to remediate a sound violation within 90 days of notification of the violation, the Township may revoke any zoning permit(s) previously issued for the data storage center.
§ 119-41 Additional requirements for accessory uses.
A.
General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right, special exception or conditional use are permitted by right, except as is provided for in this chapter. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.
C.
Front setback. No accessory structure, use or building shall be permitted in a required front setback in any district, unless specifically permitted by this chapter.
[Amended 4-23-2015 by Ord. No. 2015-04]
D.
Special standards. Each accessory use shall comply with all of the following standards listed for that use:
(2)
Bees, keeping of.
(a)
Facilities for the keeping of bees shall be set back a minimum of 40 feet from any lot line and shall be fenced if within 100 feet of a lot line. Signs shall be erected as necessary to warn persons of the presence of bees.
(b)
The bee facilities shall be located and managed in such as manner as to minimize the potential of the bees entering streets, sidewalks or unauthorized properties.
(3)
Composting as a principal or accessory use (other than raising of mushrooms).
(a)
All composting shall be conducted in such a manner that does not create a fire, rodent or disease-carrying insect hazard and does not cause noxious odors off of the subject property.
(b)
Composting shall be permitted as an accessory use, provided that the composting is limited to biodegradable vegetative material, including trees, shrubs, leaves and vegetable waste. Such composting shall be kept free of other garbage and animal fats.
(c)
Any composting of manure shall be restricted to lots of five acres or greater. Such composting shall comply with the published manure management standards of the Pennsylvania State University Cooperative Extension Service.
[1]
Commercial bulk composting of manure brought to a site from land of four or more different landowners for off-site use or any bulk mushroom production shall be restricted to the RR or CR districts and shall require special exception approval. Such composting shall meet all of the following requirements:
[a]
Be a minimum of 500 feet from any residential lot line;
[b]
Involve all leachate and compost pad runoff being collected and properly treated;
[c]
Include compost wharves being constructed of an acceptable all-weather impervious surface;
[d]
Require that the applicant prove to the satisfaction of the Zoning Hearing Board that significant nuisances and health hazards will not be generated, through adequate setbacks, procedures, siting and structures; and
[e]
In addition, the Zoning Hearing Board may require that the operations occur within a completely enclosed building.
(d)
Setbacks. Composting areas of greater than one acres shall be set back 75 feet from lot lines of abutting residential lot lines.
(4)
Day-care as accessory to a dwelling.
[Amended 5-1-2014 by Ord. No. 2014-01]
(b)
In any case, seven or more children (other than children who are related to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of one acre and a twenty-foot minimum setback from all existing dwellings on another lot(s). Four to six children, in addition to children who are related to the primary caregiver, shall only be cared for at one time within a dwelling that is not attached to another dwelling. The care of fewer numbers of children may occur within any lawful dwelling unit.
(c)
The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.
(d)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 119-40 for such use, if permitted.
(e)
The use shall be actively operated by a permanent resident of the dwelling.
(f)
If four or more children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of safe exterior play area shall be available.
(h)
The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.
(i)
The use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.
(5)
Drive-in stand/use.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(b)
On-lot traffic circulation and parking areas shall be clearly marked.
(c)
A drive-in stand/use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.
(6)
Farm-related business. This use shall be permitted by right on a lot of at least 25 acres, provided the following regulations are met for nonagricultural activities:
(a)
A farm-related business shall be defined as a low-intensity commercial or industrial activity that functions as a customary accessory use to an on-site principal agricultural use. Farm-related businesses are intended to provide supplemental income to farmers to encourage the continuation of farming, and to provide needed services to other farmers.
(b)
A farm-related business shall be conducted by a resident or owner of the property, his/her relatives, and a maximum total of four other on-site employees, in addition to employees of the agricultural use. In addition, a barn that was constructed for agricultural purposes prior to the adoption of this chapter may be leased to a nonresident for a use meeting these standards.
(c)
To the maximum extent feasible, a farm-related business should use an existing building. Buildings that existed prior to the effective date of this section may be used for a farm-related business. Any new building constructed for a farm-related business and any new parking area for trucks shall be set back a minimum of 100 feet from any lot line of an existing dwelling, unless a larger setback is required by another section of this chapter. The total of all building floor areas used for a farm-related business shall not exceed 6,000 square feet. The total area used by the farm-related business, including parking, shall not exceed three acres.
(d)
The farm-related business shall not routinely require the overnight parking of more than one tractor-trailer truck.
(e)
Any manufacturing operations shall be of a custom nature and shall be conducted indoors.
(f)
The business shall not generate noxious odors, noise or glare beyond amounts that are typically generated by agricultural operations. Nonagricultural operations shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9:00 p.m. and 7:00 a.m.
(g)
Any retail sales shall only be occasional in nature, and shall occur by appointment or during a maximum of 20 hours per week. This provision shall not restrict permitted sale of agricultural products.
(h)
Only one sign shall advertise a farm-related business, which shall have a maximum sign area of 12 square feet on each of two sides, and which shall not be internally illuminated, and which shall have a maximum height of 10 feet.
(i)
Permitted activities.
[1]
The following activities, and activities that the applicant proves to the Zoning Officer are closely similar, shall be permitted as farm-related businesses:
[a]
Farm equipment, farm vehicle or buggy repair;
[b]
Occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his/her relative, but not including a junkyard, auto body shop or spray painting;
[c]
Light welding and custom machining of parts;
[d]
Sale or mixing of seeds, feed and fertilizers, or mulch sales, provided a use that involves significant tractor-trailer truck traffic shall be located along an arterial or collector street;
[e]
Barber/beauty shops;
[f]
Construction tradesperson's headquarters;
[g]
Music, hobby, trade or art instruction for up to 10 persons at a time;
[h]
Small engine repair;
[i]
Custom woodworking or wood refinishing;
[j]
Custom blacksmithing or sharpening services;
[k]
Installation of accessories to motor vehicles;
[l]
Rental storage of household items and vehicles;
[m]
Boarding of animals, not including a kennel or a stable, which are treated separately;
[n]
Custom butchering, not including a commercial slaughterhouse or stockyard;
[o]
Processing and storage of agricultural products;
[p]
Sawmill;
[q]
Commercial farm tourism and special events, such as farm tours and Halloween activities.
[2]
See also stables and retail sales of agricultural products, which are treated as separate uses.
(j)
This subsection shall not regulate agricultural uses that are permitted under other provisions of this chapter.
(k)
If an activity would be permitted as either a farm-related business or a home occupation, then the applicant may choose which set of provisions shall apply.
(l)
One off-street parking space shall be provided per nonresident employee, plus parking for any dwelling. In addition, the applicant shall prove to the Zoning Officer that sufficient parking will be available for customers, which is not required to be paved.
(m)
All existing and new buildings shall maintain a residential or agricultural appearance, as viewed from a public street.
(n)
The use shall not involve the storage or use of highly hazardous, toxic, radioactive, flammable or explosive substances, other than types typically used in agriculture or a household.
(o)
Landscaping shall be placed between any outdoor storage of nonagricultural materials or products and any adjacent dwelling from which storage would be visible.
(p)
The applicant shall prove that adequate space will be provided for truck movements.
(7)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed.
(c)
Fences.
[1]
Front setback. Any fence located in the required minimum front setback of a lot in a residential or VC District shall:
[Amended 4-23-2015 by Ord. No. 2015-04]
[a]
Be an open-type of fence (such as picket or split rail) with a minimum ratio of 1:1 of open to structural areas;
[b]
Not exceed five feet in height; and
[c]
Be constructed entirely of wood (plus any required fasteners and any wire mesh attached on the inside of the fence), or wrought iron or other material that closely resembles wood or wrought iron.
[2]
On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a front yard. A fence shall not be required to comply with minimum setbacks for accessory structures.
[3]
Height. No maximum height shall apply to fences that are not within a residential district. A fence located in a residential district in a location other than a required front setback shall have a maximum height of 6.5 feet, except a maximum of height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard.
[Amended 4-23-2015 by Ord. No. 2015-04]
[4]
Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed without a setback from a lot line, except where buffer plantings are required by § 119-71. Where no setback is required, a one foot or greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.
[5]
Fence materials. Barbed wire shall not be used as part of fences around dwellings. Electrically charged fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.
(d)
Walls.
[1]
Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts.
[2]
No wall of greater than three feet shall be located in the required front setback in a residential district, except as a backing for a permitted sign as permitted in Article VII.
[Amended 4-23-2015 by Ord. No. 2015-04]
[3]
A wall in a residential district outside of a required front setback shall have a maximum height of three feet if it is within the minimum accessory structure setback.
[Amended 4-23-2015 by Ord. No. 2015-04]
[4]
Walls that are attached to a building shall be regulated as a part of that building.
(8)
Yard, lawn, garage, tag or estate sale.
[Amended 5-1-2014 by Ord. No. 2014-01; 7-16-2019 by Ord. No. 2019-01]
(9)
Home occupations and no-impact home-based businesses.
[Amended 5-1-2014 by Ord. No. 2014-01]
(a)
All home occupations shall meet the following requirements:
[1]
The use shall be conducted primarily by a permanent resident of the dwelling and involve a maximum of one person working on-site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.
[2]
The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.
[4]
One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.
[5]
The use shall not require delivery by tractor-trailer trucks.
[6]
The regulations of Subsection D(12)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[7]
No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic" or highly hazardous substances.
[8]
A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.
[9]
Any tutoring or instruction shall be limited to a maximum of three students at a time.
[10]
A barbershop or beauty shop shall not include any nonresident employees.
[11]
The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
[12]
A home occupation may include one two square foot nonilluminated sign, as permitted by Article VII.
[13]
The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings. The Zoning Hearing Board may also permit up to three nonresident employees as a special exception if the Board, after considering the above criteria, determines that the property is especially well-suited to a more intense use.
[14]
The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
[15]
The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall only be permitted within a general home occupation, and if specifically approved as part of a special exception approval. Such retail sales shall be limited to sales that are clearly accessory to an approved barbershop or similar on-site service.
[16]
If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.
[17]
A zoning permit shall be required for any home occupation.
(10)
Outdoor storage and display, commercial or industrial as a principal or accessory use.
(a)
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.
(b)
No such storage or display shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodplain.
(d)
For tires not mounted on a motor vehicle, any outdoor storage of more than 25 tires on a lot in a residential district or more than 150 used tires in a nonresidential district shall only be permitted as part of a Township-approved junkyard.
(e)
Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet.
(11)
Pets, keeping of.
(a)
This is a permitted by right accessory use in all districts.
(b)
No use shall involve the keeping of animals in such a manner or of such types of animals that it creates a nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.
[Amended 4-23-2015 by Ord. No. 2015-04]
(d)
The keeping of one or two total pigeons (except as may be preempted by the State Carrier Pigeon Law[1]), chickens, ducks, geese and/or similar fowl shall be permitted on lot with a minimum lot area of 10,000 square feet. One additional fowl may be kept for each additional lot area of 5,000 square feet. Fowl shall in all cases be confined to the property of the owner of the fowl.
[Amended 4-23-2015 by Ord. No. 2015-04]
[1]
Editor's Note: See 53 P.S. § 3951 et seq.
(e)
Any keeping of pets shall only be permitted provided it does not create unsanitary conditions or noxious odors for neighbors.
(f)
Minimum lot area for the keeping of horses: two acres, plus 1/2 acre for each horse in excess of two horses.
[Amended 2-7-2006 by Ord. No. 2006-03]
(g)
Only those pets that are domesticated and are compatible with a residential character shall be permitted as keeping of pets. Examples of permitted pets include dogs, cats, rabbits, gerbils and lizards, but do not include bears, goats, wolves, wolf-dog hybrids, cows, venomous snakes that could be toxic to humans, hogs or sheep.
(h)
It shall be unlawful on a residential lot to keep any "exotic wildlife" as defined by the Pennsylvania Game and Wildlife Code, whether or not an exotic wildlife possession permit has been issued.
(12)
Residential accessory structure or use (see definition in Article II).
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 119-28A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot.
(d)
Parking of commercial trucks. The overnight outdoor parking of commercial trucks on a primarily residential lot in a residential district is prohibited, except that one of the following shall be permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work:
[1]
The parking of a maximum of two vehicles, each of up to 15,000 pounds aggregate gross vehicle weight; or
[2]
The parking of one vehicle with an aggregate gross vehicle weight of over 15,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 50 feet from any dwelling on another lot.
(g)
Unregistered vehicles. A maximum of two unregistered vehicles shall be kept outside of an enclosed building on a residential lot of less than 50 acres. See also the definition of "junkyard."
(13)
Retail sales of agricultural products as an accessory use.
(a)
The use shall be an accessory use incidental to a crop farming, greenhouse, plant nursery, orchard, winery or raising of livestock use.
(b)
The only retail sales shall be of agricultural products and horticultural products, in addition to any handmade crafts produced by the operator of the market and/or his/her family. An average of not less than 30% of the products sold on-site shall have been produced by the operator or his/her family. This percentage may vary month to month, provided that the average is met.
(c)
Off-street parking shall be provided in compliance with the provisions of § 119-76. No parking shall be permitted in such a way that it creates a safety hazard.
[Amended 4-23-2015 by Ord. No. 2015-04]
(d)
Any structure erected for this use that are not clearly permanent in nature shall be disassembled during seasons when products are not offered for sale.
(f)
No stand shall be located closer than: 50 feet from a lot line of an existing dwelling, 25 feet from any other lot line or 100 feet from the closest intersecting point of street rights-of-way at a street intersection, unless the sales occur within a dwelling or barn that existed prior to the adoption of this chapter.
(g)
A maximum total of 10,000 square feet of building floor area shall be used for such use.
(h)
The use may occur within an existing dwelling, a barn or a separate stand. Any stand shall be maintained in good condition.
(i)
The retail sales shall be located on land owned by the operator of the market or upon a tract of five acres or more which the operator of the market actively farms.
(j)
The applicant shall prove to the Zoning Officer that the driveway has adequate sight distance, based upon the PennDOT standards that would apply to a normal commercial establishment along a state road, regardless of whether a PennDOT permit would be needed.
(14)
Swimming pool, household (referred to hereafter as "pool"). Any pool shall comply with Chapter 102 of the Code of the Township of Chestnuthill, or its successor chapter. Such chapter includes a requirement for secure fencing around a pool.
(16)
Fuel pump and other similar canopies. Fuel pump and any other similar canopies accessory to commercial uses shall have pitched roofs, either gable or single slant. Canopy ceilings shall maintain a pitch of at least 12:1 or steeper. The lighting shall be from luminaires recessed into the ceilings of said canopies, so that the lighting elements are not visible from or beyond the lot lines. Lighting shall comply with § 119-48.
[Added 5-1-2014 by Ord. No. 2014-01]