Cross Creek Township Washington County
City Zoning Code

A written application for conditional use approval is submitted to the Zoning Officer no less than 10 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:

A written recommendation is received from the Township Planning Commission or 30 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.

A public hearing is conducted by the Township Supervisors pursuant to public notice and said hearing is scheduled no more than 60 days following the date of submission of a complete and properly filed application.

The Township Supervisors shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

In considering an application for conditional use approval, the Township Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 320-115 of this chapter.

If land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by Chapter 270, Subdivision and Land Development, may be processed concurrently provided all application requirements of both Ordinances for a conditional use and a land development plan are met.

A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:

A public hearing pursuant to public notice, as defined herein, is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by § 320-107 of this chapter.

In proceedings involving a request for a use by special exception, both the duty of initially presenting evidence and the burden of persuading the Zoning Hearing Board that the proposed use is available by special exception and satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter rest upon the applicant. The burden of persuading the Zoning Hearing Board that the proposed use will not offend general public interest such as the health, safety and welfare of the neighborhood rests upon the applicant.

In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 320-115 of this chapter.

If land development approval is required for the use by special exception, the application for approval of a land development required by Chapter 270, Subdivision and Land Development, shall be submitted to the Township Planning Commission following approval of the use by special exception by the Zoning Hearing Board.

Adult businesses shall not be permitted in any zoning district other than the B-1 General Business District.

An adult business shall not be located within 1,000 feet of a church; public or private pre-elementary, elementary or secondary school; public library; day-care center or nursery school; or public park adjacent to any residential district measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above listed uses.

An adult business shall not be located within 1,000 feet of any other adult business measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.

No more than one adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof containing another adult business.

An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use when a church, public or private pre-elementary, elementary or secondary school, public library, day-care center or nursery school or public park is located within 1,000 feet, subsequent to the grant or renewal of the adult business permit. This provision applies only to the grant or renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.

Any adult business, other than an adult motel, that exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space, a film or video cassette or other video or image production or reproduction that depicts nudity or sexual conduct, as defined herein, shall comply with the following:

The minimum site required shall be 10 acres.

The agribusiness shall be supplementary to the principal use of the property for agriculture.

The operator of the agribusiness shall be a member of the family of the operator of the farm and shall be a resident of the farm.

The agribusiness shall be conducted from one or more accessory farm structures unless the nature of the activity is that it is usually performed outdoors.

The maximum floor area in all structures devoted to the agribusiness shall be 5,000 square feet.

Excluding seasonal workers, no more than five persons who are not residents on the farm shall be employed in the agribusiness.

If customers or clients routinely visit the agribusiness, a minimum of five parking spaces shall be provided adjacent to the farm structure in which the agribusiness is conducted. The parking spaces and driveway leading to them from the public street shall be improved with gravel, slag or other aggregate material.

Bed-and-breakfast, commercial recreation, low-impact on-site sales accessory to a farm and tourism shall not be considered agribusinesses and shall only be authorized in accordance with the express standards and criteria for those specific uses.

The annual income derived from the agribusiness shall not exceed the annual income derived from the agricultural operations on the farm.

In the B-1 District, the minimum lot area required for an animal hospital shall be 20,000 square feet. In the R-R District, the minimum lot area required for an animal hospital with an outdoor kennel or outdoor runs shall be two acres. In the R-R District, the minimum lot area for an animal hospital without an outdoor kennel or outdoor runs shall be one acre.

All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a fence with self-latching gate.

Outdoor kennels shall be located at least 200 feet from any property line adjoining any residential use or any R-R, R-1, R-2 or R-3 zoning classification and at least 50 feet from any other property line.

In the B-1 District, overnight boarding of animals, other than for medical supervision, shall be permitted, if the animals are housed overnight within a completely enclosed building.

Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 320-115 of this chapter.

Odors shall be controlled so as to comply with the performance standards of § 320-71 of this chapter.

To the extent applicable, the site shall have direct vehicular access to an arterial or collector street.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety, and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The operator shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.

No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.

The maximum length of stay for any guest shall be 14 days in a calendar year.

Evidence shall be submitted that the Pennsylvania Department of Environmental Protection (PA DEP) has approved the proposed system for sewage disposal as adequate for the proposed number of occupants.

In addition to the parking required for the dwelling, one parking space shall be required for each sleeping room offered to overnight guests.

One identification sign shall be permitted and such sign may either be attached to the wall of the dwelling or may be freestanding in the front yard, provided the surface area of any sign shall not exceed six square feet, the height of any freestanding sign shall not exceed four feet and the freestanding sign shall be located at least 15 feet from any property line.

The identification sign shall contain no information other than the following items:

No more than 10 bedrooms shall be made available or utilized for a lodging use at any time in any building or structure, unless the structure was originally designed as such.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety, and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

All billboards shall be subject to the express standards and criteria contained in § 320-96 of this chapter.

The minimum site shall be 10 acres.

If horses are pastured, a minimum of one acre per horse shall be provided. If horses are stabled and provided with grain, an adequate area for exercising horses shall be provided; however, no minimum acreage per horse shall be required.

All animals shall be properly sheltered and humanely kept.

All stables and other buildings in which animals are kept shall be located at least 200 feet from any existing occupied dwelling on adjacent property, other than the stable owner's dwelling.

The storage of manure shall be at least 200 feet from any existing dwelling on adjacent property.

The area of the property used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent properties.

If there is no occupied dwelling on the site of the boarding stable or riding academy, twenty-four-hour security and supervision shall be provided.

All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure that has at least two walls.

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

Standing spaces shall be provided in accordance with the requirements specified in § 320-76 for drive-through facilities.

The facility shall be connected to public sanitary and storm sewers.

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

To the extent applicable, the site shall have direct vehicular access to an arterial or collector street.

A cemetery shall not be established on any parcel of property that is less than 10 acres.

A family plot shall be located on property that comprises at least 10 acres, however, there shall be no minimum lot area required for the family plot. The applicant shall submit a registered survey with the conditional use application indicating the boundaries of the family plot.

A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.

Except for family plots, a groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

Except for family plots, plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.

Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the requirements for places of public assembly specified in Article XIII.

All maintenance equipment shall be properly stored in an enclosed building when not in use.

Burial sites or burial structures in cemeteries and family plots shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

The minimum lot area required for a post-secondary school shall be 10 acres. The minimum lot area required for all other uses shall be one acre.

If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

A dwelling (such as a manse or parsonage) may be located on the same lot with a church provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.

If the school includes dormitories, the dormitories shall be screened along any property line adjoining single-family use or an R-1, R-2 or R-3 zoning classification by buffer area "C", as defined by § 320-72A of this chapter.

Ingress and egress to and from police and fire stations shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

Fire stations, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment.

All outside storage shall be screened from public view from streets and adjoining properties by a six-foot-high dense, compact evergreen hedge or opaque fence.

The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety, and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Building-mounted antennas shall not be permitted on any single-family dwelling or two-family dwelling.

The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

Building-mounted antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on an existing public service corporation facility, storage or transmission tower shall not project more than 20 feet above the height of the tower.

Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.

Directional or panel antennas shall not exceed five feet in height or two feet in width.

Satellite and microwave dish antennas mounted on the roof of a building or on a self-supporting communications tower shall not exceed six feet in diameter.

Satellite and microwave dish antennas mounted on a monopole communications tower or existing public service corporation facility, storage or transmission structure shall not exceed two feet in diameter.

The applicant proposing a building-mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.

Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Township.

The placement of the equipment cabinet shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement.

Unless located within a secured building, the equipment cabinet shall be fenced by a ten-foot-high chain-link security fence with locking gate. If the equipment cabinet is visible from any public street or adjoining residential property, the equipment cabinet shall be screened by a minimum six-foot-high dense, compact evergreen hedge or opaque fence.

If vehicular access to the equipment cabinet is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided that has a minimum width of 20 feet and which shall be improved with a dust-free all-weather surface for its entire length.

At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet to facilitate periodic visits by maintenance workers.

The applicant shall demonstrate that it is licensed or has made application to be licensed by the Federal Communications Commission (FCC) to operate a communications tower.

Any applicant proposing a new freestanding communications tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good-faith effort shall require that all owners within a one-fourth-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

The base of the communications tower shall be set back from all property lines a minimum distance which represents 20% of the tower height measured from the base of the antenna support structure at grade to the highest point of the structure.

An antenna that is proposed to be mounted on an existing building or structure, other than an existing communications tower, shall not exceed the height of the building or structure by more than 20 feet.

The applicant shall submit certification from a structural engineer that the structural capacity of any existing building or structure on which an antenna is proposed to be mounted is adequate to withstand wind and other loads associated with the antenna's location.

In the case of a freestanding communications tower, the applicant shall submit evidence that the tower structure and its method of installation have been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.

The applicant shall demonstrate that the proposed antenna and any tower structure are safe and that surrounding areas will not be negatively affected by tower structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference.

All guy wires and guyed towers shall be clearly marked and fenced in compliance with Subsection K(10), below.

Unless the communications tower is located on a building, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by a six-foot-high chain-link fence with self-latching gate to limit accessibility to the general public.

All tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

Tower structure's supporting antennas shall be painted or finished in accordance with FAA regulations in order to reduce visual impact.

If the communications tower is fully automated, adequate parking shall be provided for periodic visits by maintenance workers. If the commercial communications tower is not fully automated, one parking space shall be provided for each employee on peak shift.

No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA), PA Department of Aviation or the Federal Communications Commission (FCC).

The minimum lot area required for outdoor recreation facilities shall be one acre. All indoor facilities shall meet the minimum lot area required for the zoning district in which the property is located.

The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The property shall be served by public water and public sewers.

Adequate sanitary facilities available to the public shall be provided.

Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.

Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.

Any outdoor facility shall be completely enclosed by a fence that is at least six feet in height with one or more locking gates that shall remain secured when the facility is not in use.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 10:00 p.m.

Any use that includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety, and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:

The proposed use shall comply with all applicable area and bulk regulations for the zoning district in which it is located.

The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

If the proposed use is determined by the Zoning Hearing Board to be most nearly comparable to a permitted use or use by special exception, the Zoning Hearing Board shall review the proposed use as a use by special exception and shall act on the proposed development plan.

If the proposed use is determined by the Zoning Hearing Board to be most nearly comparable to a conditional use, the Zoning Hearing Board shall forward the application to the Board of Supervisors to conduct a public hearing and act on the development plan in accordance with the requirements of § 320-67A.

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

The site shall have direct vehicular access to an arterial or collector street.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety, and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The authorized uses shall be limited to one or more of the following:

The lot shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

The maximum gross floor area devoted to an individual commercial business shall be 10,000 square feet.

Off-street parking shall be provided in accordance with the requirements of Article XIII. All off-street parking located adjacent to a property in the R-1, R-2 or R-3 Districts shall be screened by buffer area "C" as defined by § 320-72A.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety, and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The minimum site required shall be five acres.

The crematory shall not be located within 500 feet of any existing dwelling.

The use shall comply with the performance standards of § 320-71 of this chapter.

The use shall comply with all applicable regulations of the Commonwealth of Pennsylvania.

The facility shall be registered with or licensed by the Commonwealth of Pennsylvania, if applicable.

Outdoor play areas shall be provided that shall have a minimum area of 65 square feet per child and that shall be secured by a four-foot-high fence with self-latching gate.

The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children.

Off-street parking shall be provided in accordance with the requirements of Article XIII of this chapter.

Indoor play areas shall accommodate a maximum area of 40 square feet per child.

Outdoor play areas shall:

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Safe and identifiable vehicular access and areas for discharging and picking up children shall be provided.

An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened from adjoining residential properties by a minimum four-foot-high opaque fence.

Outdoor play areas shall have a minimum area of 400 square feet.

A safe area shall be provided for dropping off and picking up children that does not obstruct the free flow of traffic on any public street.

The family day-care home shall be licensed by, or approved by, the Commonwealth of Pennsylvania, as required by the laws of the commonwealth, and continued compliance with the license or approval and all applicable laws of the commonwealth shall be maintained throughout the operation of the family day-care home.

All applicable criteria of § 320-69V governing home occupations shall be met.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety, and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The minimum lot area shall be 100,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

All off-street parking areas that adjoin an R-1, R-2 or R-3 zoning classification shall be screened by buffer area "C" as defined by § 320-72A of this chapter.

Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety, and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The minimum site required to construct garden apartments or townhouses shall be one acre.

The maximum dwelling unit density shall be 10 units per acre for townhouses and 12 units per acre for garden apartments.

All applicable area and bulk regulations of the R-3 District for the proposed dwellings shall apply.

All parking areas adjacent to property containing a single-family dwelling shall be screened by buffer area "C" as defined by § 320-72A.

All portions of the property not covered by buildings, driveways, parking and recreation facilities shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.

The design and orientation of the buildings on the property shall take into account compatibility with and visual impact on adjacent single-family residential properties.

On lots containing more than 24 dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the residents shall be provided.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The minimum site required shall be 30 acres.

Clubhouses shall be located at least 200 feet from any property line adjoining property in an R-1, R-2 or R-3 District and at least 50 feet from all other property lines.

Where eating and/or drinking facilities are provided, off-street parking requirements of Article XIII for restaurants shall be met.

Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.

All off-street parking that adjoins any R-1, R-2 or R-3 District shall be screened by buffer area "C" as defined by § 320-72A of this chapter.

The clubhouse and any other outdoor recreation facility other than the golf course, such as a swimming pool or tennis courts, shall be screened by buffer area "B" as defined by § 320-72A of this chapter along all property lines that adjoin property in any R-1, R-2 or R-3 District.

Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.

Storage of petroleum products, hazardous materials, or potentially hazardous materials shall adhere to all applicable federal, state, county, and Township laws and ordinances, statutes, regulations, and resolutions, including but not limited to the regulations and any permit requirements of the EPA and DEP. No petroleum products or hazardous materials shall be buried or disposed of on the subject property.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The minimum area and bulk regulations for a group care facility, personal care boarding home or transitional dwelling shall be the same as those required for a principal use in the district in which the facility is located.

In the R-3 District, a group care facility or personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

No group care facility, personal care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group care facility, personal care boarding home or transitional dwelling.

Adequate provisions shall be made for access by emergency medical and firefighting vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs.

Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

On-site parking facilities shall be provided at the ratio of one stall for every two full-time staff members and an additional stall for every five residents who are eligible and permitted by the sponsor to operate a motor vehicle.

The applicant shall submit a descriptive statement of intent detailing the proposed use of the building or dwelling, and which statement shall detail the proposed number and nature of the anticipated residents and occupants.

The applicant or operator of the facility shall provide the Township with a floor plan, drawn to scale, clearly delineating all rooms or sleeping areas, all points of ingress and egress to the facility and the interior circulation plan indicating the flow of traffic on the site and primary point or points of vehicular access.

A change in ownership or operators of the facility shall constitute a new use requiring conditional use approval as outlined in this section.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The location and orientation of buildings and structures shall be designed to minimize adverse impacts on adjoining residential properties.

The home occupation shall be carried on by a member of the family residing in the dwelling. No more than one person who is not a resident of the dwelling shall be employed in the dwelling.

In the R-2 and R-3 Districts, the home occupation shall be conducted entirely within the principal dwelling and shall not be conducted in any accessory structure. No more than 25% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

In the R-R and R-1 Districts, the home occupation may be carried on in the principal dwelling or in an accessory structure, provided the gross floor area devoted to the home occupation shall not exceed 25% of the gross floor area of the principal dwelling.

Products shall be limited to handicrafts made by the residents produced on the site for sale off the premises. Such articles shall not be displayed on the premises, except that samples may be displayed for the purpose of accepting orders.

There shall be no display on the premises of merchandise for sale which has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business.

There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than one square foot in surface area containing only the name of the resident and the nature of the home occupation. Such sign may be attached to the mailbox or to the wall of the dwelling.

The use shall not require internal or external alterations or construction features that are not customary to a dwelling or which change the fire rating of the structure.

Objectionable vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 320-71 of this chapter.

The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the immediate area.

There shall be no use of materials or equipment except that of a similar power and type normally used in a residential dwelling for domestic or household purposes.

The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the immediate area.

In the R-2 and R-3 Districts, commercial vehicles in excess of 8,000 pounds GVW shall not be parked on the premises.

In the R-2 and R-3 Districts, there shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building.

Any home occupation where customers, clients or students routinely visit the premises shall provide an off-street parking area with a dust-free, all-weather surface in accordance with the requirements of Article XIII for the specific use in addition to the spaces required for the dwelling.

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:

The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 320-69V and the applicable criteria for comparable uses not specifically listed in § 320-69M.

The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a clinic or nursing home shall be one acre.

The property shall be served by public water and public sewers.

All hospitals and nursing homes shall be licensed by the commonwealth.

Water pressure and volume shall be adequate for fire protection.

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

The parking and circulation plan shall be referred to the Township Police Department and volunteer fire company for comments regarding traffic safety and emergency access.

Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

All property lines adjoining residential use or zoning classification shall be screened by buffer area "C", as defined by § 320-72A of this chapter.

A private use helipad for air ambulance shall be permitted as part of a hospital, provided all of the following criteria are met:

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

The site shall have direct vehicular access to an arterial or collector street.

The minimum site required shall be 20 acres.

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

No garbage, hazardous materials or hazardous waste as defined by federal statute, or other organic waste shall be stored on the premises.

The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 320-115 of this chapter.

The manner of storage of junk or other materials or equipment on the site shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.

The junk or salvage yard operation shall comply with the performance standards of § 320-71 of this chapter.

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

The premises shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection X(10), below.

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

Buffer area "A," as defined by § 320-72A of this chapter, shall be provided along all property lines adjoining residential use or R-1, R-2 or R-3 zoning classification.

The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets.

In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and any required state permits.

In the R-R and R-1 Districts, kennels shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of five acres.

Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot, and at least 200 feet from any property line adjoining property in an R-R, R-1, R-2 or R-3 District.

Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence at least eight feet in height secured with self-latching gate and shall be screened by buffer area "C," as defined by § 320-72A of this chapter.

If adjoining properties are already developed for residential uses, the kennel shall be soundproofed to prevent or minimize adverse noise impacts on adjacent properties.

To the extent applicable, the kennel shall be licensed by the Commonwealth of Pennsylvania. and shall maintain compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Washington County Health Department.

At no time shall the animals be permitted to run loose on the property other than in a completely enclosed area.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The location and orientation of buildings and structures shall be designed to minimize adverse impacts on adjoining residential properties.

If a public sewer system and public water system are available, the site shall be connected to said systems.

The minimum site required for a landfill shall be 200 acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The site shall not be located in the watershed of any high quality stream identified by the commonwealth.

The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.

A tire-washing station shall be located on the site to service trucks exiting the facility.

Bond.

Landfill operations shall not be conducted within 1,000 feet of any property lines adjoining residential use or zoning district classification.

All property lines adjoining residential use or R-1, R-2 or R-3 zoning district classification shall be screened by buffer area "A," as defined by § 320-72A of this chapter.

Fencing at least eight feet in height shall be provided around any work area for security and to control windblown refuse.

The applicant shall show compliance with all applicable federal and state laws regulating landfills.

The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (EPA) prior to initiating any operation.

The required federal or state permits shall be maintained throughout the duration of all operations.

Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and shall result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this chapter or both.

In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and the required state or federal permits.

All activities shall comply with the performance standards specified in § 320-71 of this chapter.

Buffer area "C" shall be provided in accordance with the requirements of § 320-72A of this chapter along all property lines that adjoin residential use or R-1, R-2 or R-3 zoning classification.

The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

Adequate public utilities shall be available to meet the requirements of the proposed manufacturing processes.

Adjacent public streets shall be adequate to accommodate the traffic volumes and weight limits associated with truck traffic to and from the site.

Vehicular access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The location and orientation of buildings and structures shall be designed to minimize adverse impacts on adjoining residential properties.

The minimum site area required shall be two acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.

All interior driveways shall be improved with an aggregate surface sufficient for the loads the driveways are expected to bear, and concrete aprons shall be provided at the unit entrances.

Parking shall be provided in accordance with the following:

Buffer area "C" shall be provided in accordance with the requirements of § 320-72A of this chapter along all property lines that adjoin residential use or R-1, R-2 or R-3 zoning classification.

The perimeter of the site shall be fenced with a minimum eight-foot-high chain-link fence with self-latching gate. If an outside storage area is proposed, the fence around the outside storage area shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque.

Maximum building height shall be 20 feet.

The maximum length of any storage building shall be 200 feet.

The minimum distance between storage buildings shall be 20 feet.

Maximum lot coverage by all buildings shall be 60%.

Office space may be provided which shall not exceed 5% of the total area devoted to storage.

Storage units shall not be equipped with water or sanitary sewer service.

No business activity other than rental of storage units shall be conducted on the premises.

Operations shall be regulated so that nuisances such as visual blight, glare, blowing debris or dust shall not be created.

Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

No advertising sign shall be placed on the buildings or on their rooftops.

Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.

If public water is available, a minimum of one fire hydrant shall be provided on the site, subject to approval by the Township. The facility shall comply with the Township Fire Code.

Vehicular access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

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

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

Mineral removal shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a wilderness trout stream, by the Pennsylvania Department of Environmental Protection (PA DEP) as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.[2]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The application shall comply with all applicable requirements of Chapter 270, Subdivision and Land Development, governing mobile home parks.

The minimum site required for a mobile home park shall be 15 acres.

The site shall have frontage on and direct vehicular access to a street defined by this chapter as arterial or collector.

The site shall be served by public sewers or a community treatment system approved by the Pennsylvania Department of Environmental Protection (PA DEP).

The minimum mobile home lot shall be 3,000 square feet.

The minimum yard requirements for each mobile home lot shall be 25 feet for front yards, 20 feet for rear yards and 10 feet for side yards. Such yards shall be measured from the perimeter of the mobile home slab.

A minimum fifty-foot setback shall be provided around the entire perimeter of the mobile home park site.

Buffer area "B," as defined by § 370-72A of this chapter, shall be provided along all property lines adjoining property in an R-R, R-1, R-2 or R-3 District.

Every mobile home slab shall have access to a public or private street paved in accordance with the requirements of Chapter 270, Subdivision and Land Development.

Each mobile home lot shall provide two off-street parking spaces.

Oil and gas drilling shall not be permitted on any property or portion of property that is an historic or archaeological site.

No drilling shall be permitted within 400 feet of any building or intensively used recreation facilities such as playing courts or fields, playgrounds and similar facilities.

No drilling shall be permitted within 300 feet of any stream, wetland or body of water.

No drilling shall be permitted within 300 feet of any wildlife refuge or propagation area.

No drilling shall be permitted within 200 feet of any trail, road or existing road or utility right-of-way.

Salt water shall be managed and disposed of in such a manner to prevent it from affecting or entering into any lake, stream, flood-control facility or water supply impoundment.

Oil and gas drilling sites, water storage facility, recycled water storage facility, temporary supervisor structures (permitted uses) and oil and gas processing or transfer site (conditional use) shall be considered subject to the following express standards and additional criteria where applicable:

No oil and gas drilling sites, water storage facility, recycled water storage facility, temporary supervisor structures or oil and gas processing or transfer site of any type or nature shall be drilled, constructed or erected nor shall any work in preparation therefor be commenced within the boundaries of Cross Creek Township unless and until the person or entity has first registered with Cross Creek Township for the purpose of commencement of operations. Appendixes 1, 2, 3,[6] as well as, all applicable ordinances adopted by Cross Creek Township, and federal and state laws and regulations shall be adhered to by the applicant. Each registration shall be accompanied by the following items and by payment of a fee, set by resolution, made payable to "Cross Creek Township."

Any establishment that includes a restaurant or tavern shall be subject to the off-street parking requirements of Article XIII for the portion of the building devoted to the restaurant or tavern use, in addition to the parking required for the private club.

Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.[8]

All off-street parking that adjoins an R-1, R-2 or R-3 zoning classification shall be screened by buffer area "C" as defined by § 370-72A of this chapter.

Vehicular access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

All public parking lots or public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.

All public parking lots or public parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking structure.

The design of any public parking garage proposed to be located on property that adjoins a residential zoning district shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas that are compatible with the residential character of adjoining properties.

Any public parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

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

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

Buffer area "C," as defined by § 370-72A of this chapter, shall be provided where parking for the use or other intensively used facilities such as ballfields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or zoning classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or zoning classification.

The use shall comply with the performance standards of § 320-71 of this chapter.

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

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

Vehicular access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The minimum lot area required shall be 20,000 square feet. In the case of unmanned accessory structures such as equipment cabinets and regulators, there shall be no minimum lot area required.

Outdoor storage of materials or equipment, including maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot fence with locking gate.

Any area of the building that is used for business offices shall comply with the parking requirements of Article XIII of this chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.

The minimum site required for a retirement community shall be 20 acres.

The site proposed for a retirement community, as defined herein, shall have frontage on and direct vehicular access to a street classified by this chapter as an arterial or collector street. Access to local Township streets shall not be permitted, except that a secondary controlled "emergency only" access may be provided from a local Township street, if approved by the Township.

A retirement community may include one or more of the following:

In addition to the foregoing dwelling types, a retirement community shall include common leisure and/or recreational areas.

In addition, a retirement community may include one or more of the following supporting uses, subject to approval by the Township.

The maximum dwelling unit density permitted in a retirement community shall be 12 dwelling units per acre.

No principal structure shall be less than 50 feet from any property line adjoining property in an R-R, R-1 or R-2 District. Along all other property lines, no principal structure shall be less than 20 feet from any property line of the development site.

Buffer area "B," as defined by § 370-72A of this chapter, shall be provided along all property lines adjoining property in an R-R, R-1 or R-2 District.

There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boarding home is proposed, parking shall be provided in accordance with the requirements of § 320-88 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

Vehicular access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Seasonal processing of game animals shall be permitted on properties in the R-R District that are less than 20 acres provided they comprise at least two acres.

An adequate water supply shall be available and the operator shall provide an acceptable plan for the disposal of animal waste.

In the case of seasonal processing of game animals, the Zoning Hearing Board may grant approval subject to annual inspection by the Zoning Officer and annual renewal of the certificate of occupancy.

In the R-R District, the primary purpose of the slaughterhouse shall be to slaughter and dress farm animals raised on-site for sale.

Non-farm-animals killed in hunting season may be butchered at the slaughterhouse.

The minimum site required for a slaughterhouse in the R-R District shall be 20 acres.

The minimum site required shall be 10 acres.

All buildings shall be set back at least 200 feet from any property line adjoining a residential dwelling.

Discharging of firearms and archery shall not be permitted outdoors in any R-1 District.

In the R-R District, operating a firing range shall not be permitted within 1,000 feet of any existing residence.

If the shooting area is on separate property, one parking space shall be provided for each shooting position or station.

All activities on the site shall comply with the performance standards of § 320-71 of this chapter.

All off-street parking that adjoins any R-1, R-2 or R-3 District shall be screened by buffer area "C" as defined by § 370-72A of this chapter.

Unless the perimeter of the site is densely wooded, all property lines that adjoin property in any R-1, R-2 or R-3 District shall be screened by buffer area "B" as defined by § 370-72A of this chapter.

Any club that includes a restaurant or tavern shall further be subject to the off-street parking requirements of Article XIII for the portion of the building devoted to restaurant or tavern use.

Any use of the facility by nonmembers shall require on-site management and/or security personnel during the event.

Vehicular access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this section as a condition of issuing a certificate of occupancy.

Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall not be subject to the provisions of this section. Any such activity that exceeds 72 consecutive hours in duration shall be subject to approval under this section.

A transient merchant license as may be required by Township ordinance shall be obtained.

Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 320-88 for the proposed use.

Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

Temporary uses or structures that are proposed as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.

In the R-3 District, the minimum lot area required for tourism shall be one acre.

Minimum site area in R-R District.

When tourism is proposed on a farm, the farm shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter, if more than 50 parking spaces are provided to support the proposed use. An existing tourism operation on a farm shall not be expanded to include more than 50 total parking spaces unless the farm has frontage on and direct vehicular access to an arterial or collector street as defined herein.

Parking for the tourism use shall be based on the following ratios:

Off-street parking accessory to tourism and the driveway leading to the parking spaces from the public street shall be improved with a gravel, slag or other aggregate surface.

When tourism is proposed on a farm, the operator of the tourism use must be the owner, operator or occupant of the farm.

When tourism that involves retail sales is proposed on a farm, 50% of the gross sales shall come from products grown, raised, produced or processed on the farm.

If guest rooms are provided as part of the tourism use on a farm, the number of guest rooms shall be limited to one guest room for each two acres of the site area of the farm.

Excluding seasonal workers and temporary workers hired for special events, the maximum number of employees employed in the tourism use shall be related to the size of the site devoted to tourism, as follows:

All buildings and parking areas shall be screened by buffer area "C" as defined by § 370-72A of this chapter along any property line adjoining any R-R, R-1, R-2 or R-3 District for the distance necessary to minimize the visual impact of the buildings and parking areas.

If the proposed use is a seasonal use, the use shall be further subject to all applicable criteria of § 370-69NN.

Adequate sanitary facilities available to the public shall be provided. Evidence of PA DEP and Local Sanitary Council approval of the proposed sanitary treatment system adequate to serve the proposed occupancy shall be submitted to the Township.

Vehicular access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The minimum site required shall be one acre.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.

Storage of parts, dismantled vehicles or equipment and vehicles awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high dense, compact evergreen hedge or opaque fence.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

New and used vehicle sales and service establishments shall be limited to those establishments that are factory authorized dealerships or that have obtained a license from the Commonwealth of Pennsylvania to operate a used car dealership.

The minimum lot area required shall be one acre.

The property shall have frontage on and direct vehicular access to an arterial or collector street.

The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Township Engineer.

The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 320-115 of this chapter.

All lots used for the outdoor display of vehicles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

No vehicle shall be displayed for sale that has a registration with an expiration date of more than one year and that does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

All lights and light poles shall be located at least 10 feet from any street right-of-way or property line and all lighting shall be shielded and reflected away from adjacent streets and properties.

No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

Storage of parts, dismantled vehicles or vehicles awaiting repair shall be kept in an enclosed building or in an outdoor storage area that is screened by a six-foot high dense, compact evergreen hedge or opaque fence.

Buffer area "B," as defined by § 370-72A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

The ground surface of parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving to prevent or mitigate the spread of dust or other disturbances to adjoining properties.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Such use shall not be located within 100 feet of any property line adjoining residential use or R-1, R-2 or R-3 District.

Buffer area "B," as defined by § 370-72A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

Storage of parts, dismantled vehicles and vehicles awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high dense, compact evergreen hedge or opaque fence.

There shall be no more than four vehicles displayed for sale on the premises at any one time.

All repair work shall be performed within an enclosed building that has adequate ventilation and fire-protection provisions in accordance with the Township Building Code.

All towed vehicles shall be stored on the premises and no vehicle shall be stored or dismantled on any public street.

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

Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

Vehicular access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Any site that involves a warehouse or wholesale sales shall have direct access to an arterial or collector street, as defined by this chapter.

All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot-high dense, compact evergreen hedge or opaque fence.

No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.

All shipping and receiving facilities adjoining residential use or zoning classification shall be screened by buffer area "B," as defined by § 370-72A of this chapter.

The storage or handling of hazardous or potentially hazardous materials shall not be permitted.

Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.

Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The minimum site required shall be 10 acres.

These provisions shall apply to WPGF and WPGF substations that generate electricity to be sold to wholesale or retail markets.

No WPGF or WPGF substation shall be constructed, erected, installed or located within Cross Creek Township unless prior siting approval has been obtained for each individual WPGF and WPGF substation as a conditional use under this chapter.

A permit shall be required from Cross Creek Township for every WPGF or WPGF substation, installed at any location within Cross Creek Township.

A WPGF or WPGF substation shall be permitted on a property with an existing principal use subject to the following land development standards:

Siting approval. The conditional use application shall contain or be accompanied by the following information:

Design and installation.

Operation.

Coordination with local Fire Department:

Materials handling, storage and disposal:

Noise level. Noise levels from each WPGF unit or substation shall not exceed fifty decibels (50 dBA) for any period of time when measured at any residence, school, hospital, church or public building existing on the date of conditional use approval of the WPGF.

Birds. A qualified professional, such as an ornithologist or wildlife biologist, shall conduct an avian habitat study as part of the conditional use application to determine if the installation of WPGF will have a substantial adverse impact on birds.

Decommissioning plan. Prior to receiving conditional use approval under this chapter, the applicant, owner and/or operator shall formulate a decommissioning plan to ensure that the WPGF project is properly decommissioned. The decommissioning plan shall include:

The minimum site required to install a small WPGF shall be 10 acres.

The maximum height of a small WPGF tower height shall be 100 feet.

The applicant shall provide evidence that the proposed small WPGF tower height does not exceed the height recommended by the manufacturer or distributor of the system.

The applicant shall comply with all applicable regulations of the Pennsylvania Public Utility Commission governing generation of electricity for private use.

The small WPGF generators and alternators shall be constructed so as to prevent the emission of radio and television signals. The applicant shall correct any signal disturbance problem identified after initiation of the operation within 90 days of identification.

The minimum distance between the ground and any protruding blades utilized on a small WPGF shall be 15 feet measured at the lowest point of the arc of the blades.

The lowest point of the arc of the blades utilized on a small WPGF shall be 10 feet above the height of any structure located within 150 feet of the base of the small WPGF.

The small WPGF tower shall be enclosed by a six-foot-high fence, unless the small WPGF tower is fitted with anticlimbing devices for a distance of 12 feet above the ground.

The applicant shall submit evidence from the manufacturer regarding the structural integrity of the small WPGF tower, base and footings and the installation's ability to withstand expected wind loads.

The small WPGF tower shall be set back a distance of 150% of the small WPGF tower height plus the blade length from any inhabited dwelling on adjacent property, unless notarized consent of the adjacent property owner is presented.

The small WPGF tower shall be set back a distance of 110% of the small WPGF tower height of the tower plus the blade length from all adjacent property lines.

Small WPGFs shall comply with all applicable requirements of the Federal Aviation Administration (FAA).

Small WPGFs shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).

No small WPGF tower shall have any sign, writing or picture that may be construed as advertising.

Small WPGF towers shall maintain a noncorrosive finish, unless FAA standards require otherwise.

Small WPGFs shall not exceed 60 dBA, as measured at the closest property line, except during short-term emergencies such as utility outages and/or severe windstorms.

A small WPGF that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner pursuant to an enforcement notice issued in accordance with § 320-115 of this chapter.

The parcel on which the special event barn is located shall be able to accommodate all facets of the event within the boundaries of the property and have driveway access to an arterial or collector street.

Special event barns, fixtures, tents and parking shall be set back at least 50 feet from all property lines. Any special event barn shall be subject to the following setback requirements.

Any additions or changes to an existing barn to accommodate the use as a special event barn shall be secondary and shall not drastically alter the visual or material character of the barn except as necessary to provide for safe use by patrons, and all additions or changes shall comply with applicable building codes.

The components of the event including fixtures, and tents may extend to the grounds but may not extend into the building setback areas.

An annual permit for special event barns shall be required. The Township reserves the right to add additional conditions as deemed applicable.

Parking shall be on the property on which the special event barn is located. Under no circumstances may parking be on state or Township roads, on other public property, or on private property other than that on which the special event barn is located unless immediately adjacent to the property of the special event barn.

Unless written notarized waivers are received from habited dwelling owners of a one-mile radius, operating hours for events may be held until 10:00 p.m. Sunday to Thursday, 11:00 p.m. Fridays and Saturdays, and the day before a federal holiday. New Year's Eve events may be held until 1:00 a.m.

If the barn does not include sufficient restroom facilities to meet building code requirements, then professional portable restroom trailers, are required. The restroom trailer(s) must be placed in a location to reduce visibility from public roads and nearby adjacent residential structures.

A certificate showing that the special event barn is covered by general liability insurance of no less than $1,000,000 in coverage shall be displayed at all times.

Alcoholic beverages may be served only as allowed by local and state laws. Owner must require a liquor liability certificate of insurance for all events on the premises.

To the extent applicable, signs shall be erected only in accordance with the sign provisions of the Township Sign Ordinance.

To the extent applicable, all improvements are subject to building permits and applicable building codes.

To the extent applicable, any changes necessary to accomplish the use as a special event barn (e.g., modifications to the building, etc.) are subject to the Uniform Construction Code.

Trash shall be removed within seven days following the end of every special event.

All trash must be stored within a commercial dumpster and dumpster area must be fenced on all sides with wood or vinyl fencing six feet tall.

As part of the conditional use process the Township Supervisors may impose other reasonable conditions and/or restrictions on each special event barn.

The parcel on which the special event barn is located shall be able to accommodate all facets of the event within the boundaries of the property and have driveway access to public street.

Special event barns, fixtures, tents and parking, shall be set back at least 50 feet from all property lines.

Any special event barn shall be subject to the following setback requirements:

Any additions or changes to the barn to accommodate the use as a special event barn shall be secondary and shall not drastically alter the visual or material character of the barn except as necessary to provide for safe use by patrons, and all additions or changes shall comply with applicable building codes.

The components of the event including fixtures, tents and parking may extend to the grounds but may not extend into the building setback areas.

An annual permit for special event barns shall be required and shall be kept on-site. The Township reserves the right to add additional conditions as deemed applicable. The permit application shall include the following information, at a minimum, and shall be of a form and substance as determined by the Township necessary to determine compliance with the requirements of this chapter:

Parking shall be on the property on which the special event barn is located, unless immediately adjacent to the special event barn. Under no circumstances may parking be on state or Township roads, on other public property.

Unless written notarized waivers are received from habited dwelling owners of a 1/2-mile radius, operating hours for events may be held until 10:00 p.m. Sunday to Thursday, and 11:00 p.m. Fridays, Saturdays, and the day before a federal holiday. New Year's Eve events may be held until 1:00 a.m.

If the barn does not include sufficient restroom facilities to meet building code requirements, then professional portable restroom trailers or porta johns, are required. The restroom trailer(s) must be placed in a location to reduce visibility from public roads and nearby adjacent residential structures.

A certificate showing that the special event barn is covered by general liability insurance of no less than $1,000,000 in coverage shall be available for inspection by the Township at all times.

Alcoholic beverages may be served only as allowed by local and state laws. Owner must maintain a liquor liability certificate of insurance for all events with alcohol on the premises.

To the extent applicable, signs shall be erected in accordance with the sign provisions of the Township Sign Ordinance.

Any structure being used as a special event barn shall be inspected and approved by a Township building code official, and a copy of the report shall be submitted to the Township prior to the opening for business.

To the extent applicable, changes necessary to accomplish the use as a special event barn (e.g., modifications to the building, etc.) are subject to the Uniform Construction Code.

No pyrotechnics may be used in conjunction with activities associated with the special event venue, unless performed by a licensed professional.

All trash must be stored within a commercial dumpster and dumpster area must be fenced on all sides with wood or vinyl fencing six feet tall. Trash shall be removed within seven days following the end of every special event.

As part of the conditional use process the Township Supervisors may impose other reasonable conditions and/or restrictions on each special event barn.

Banquet facility, including all fixtures, tents and parking, shall be set back at least 25 feet from all property lines.

Any banquet hall shall be subject to the following setback requirements:

The components of the event including fixtures, tents and parking may extend to the grounds but may not extend into the building setback areas.

Parking shall be on the property on which the banquet hall is located and must meet Township standards for parking/square footage.

No event may extend past 11:00 p.m., with all attendees to exit the premises by 12:00 midnight.

All entertainment must end by 11:00 p.m.

All entertainment, including but not limited to DJs, music, bands, a dance floor or a stage must meet the setbacks.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Shielding the fixture is acceptable and powering down at the end of operating hours is recommended.

No pyrotechnics may be used without a obtaining a fireworks permit.

All improvements are subject to building permits and applicable building codes. All applicable local, state and federal permits must be obtained by the applicant.