Douglass Township City Zoning Code
ARTICLE XIV
M-2 Manufacturing Industrial District
§ 265-120 Declaration of legislative intent.
The following is an expansion of the Statement of Community Development Objectives contained in Article I of this chapter. It is the intent of this article to provide for manufacturing and heavy industrial uses in the Township. Furthermore, it is the intent of this article to:
A.
Permit a broad range of manufacturing and heavy industrial uses.
B.
Establish reasonable standards of performance to control the adverse environmental effects resulting from development within this district.
C.
Provide the Township review of all proposals for development to determine compliance with the performance standards.
D.
Provide buffering requirements, building and parking setbacks, and other regulations to minimize the negative impacts on surrounding non-industrial areas.
§ 265-121 Permitted uses.
A building or other structure may be erected, altered, or used, and a lot may be used or occupied for any of the following purposes: In an M-2 Manufacturing Industrial District a building or group of buildings may be erected, altered or used and a lot may be used or occupied for any of the following uses and no other:
A.
By-right uses.
(1)
Use D-15: Marijuana Dispensary.
(2)
Use D-16: Microbrewery/Microdistillery/Microwinery.
(3)
Use H-1: Artisan Manufacturing.
(4)
Use H-2: Data Center.
(5)
Use H-4: Heavy Manufacturing.
(6)
Use H-5: Light Manufacturing.
(7)
Use H-10: Contractor Service.
(8)
Use E-2: Business/Professional Office.
(9)
Use E-5: Research Facility.
(10)
Use F-5: Parkland.
B.
Special exception uses. A building or other structure may be erected, altered or used, and a lot may be used or occupied for any of the following purposes when authorized as a special exception by the Zoning Hearing Board:
C.
Conditional uses. The following uses are permitted only upon the issuance of a conditional use approval by the Township Board of Supervisors:
D.
Accessory uses. The following accessory uses are permitted by right when subordinate and customarily incidental to any of the above permitted uses and upon the issuance of a zoning permit:
(1)
Use A-2: Nonresidential Accessory Structure.
(2)
Use A-5: Fences and Walls.
(3)
Use A-8: Outdoor Storage/Display.
(4)
Use A-9: Accessory Roof-Mounted Solar Energy System.
(5)
Use A-10: Accessory Ground-Mounted Renewable Energy System (ground-mounted solar energy systems permitted by-right).
(6)
Use A-12: Communications Antennae.
(7)
Use A-14: Mobile Food Vendor.
(8)
Use D-22: Restaurant, Dine-In.
§ 265-122 Performance standards.
Notwithstanding the laws and regulations of the U.S. Environmental Protection Agency and the Pennsylvania Department of Environmental Protection and other applicable federal and state regulations, the following performance standards shall be used by the Board of Supervisors, Township Planning Agency and Township Engineer in determining the suitability and possible hazardous impacts of a proposed use within an M-2 Manufacturing Industrial District:
A.
In determining whether a proposed use is or may become noxious, hazardous or offensive, the following general standards shall apply. The proposed use shall not:
(1)
Constitute a nuisance or damage to health or any property by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust in the immediately surrounding area or beyond the district line;
(2)
Result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes, measured at the property line;
(3)
Endanger surrounding areas by reason of radiation, fire or explosion;
(4)
Produce objectionable heat or glare beyond the property line;
(5)
Result in off-lot electrical disturbance or adversely affect the operation of equipment other than on the property on which the disturbance is located;
(6)
Discharge any untreated or incompletely treated sewage or industrial waste into any stream; or otherwise contribute to the pollution of surface or underground waters;
(7)
Endanger the underground water level or supply for other properties;
(8)
Create an objectionable traffic condition on the highways or in an adjacent area; or generate a nuisance to surrounding property by reason of traffic; nor
(9)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the environmental quality of the surrounding area.
B.
In addition to the general standards listed above, the following measures shall be applied to any use in the M-2 Manufacturing Industrial District:
(1)
Control of air pollution. The Air Pollution Control Act of January 8, 1960, P.L. 2119 of the Commonwealth of Pennsylvania together with "Chapter 131 Ambient Air Quality Criteria" and "Chapter 123 Standards for Contaminants: of Title 25 Rules and Regulations" (1971, and as amended) shall be considered minimum standards for the control of smoke, dust, fumes and other emissions within the District.
(2)
Control of noise. At no point on the boundary of the M-2 Manufacturing Industrial District shall be sound pressure level of any operation exceed the described levels in the designated octave bands shown below.
Sound Levels | ||
|---|---|---|
Octave Band (Cycles per Second) | Max. Permitted Sound Level Along Residential or Institutional District Boundaries (Decibels) | Max. Permitted Sound Level Along Any Other District Boundary (Decibels) |
0 - 75 | 72 | 79 |
75 - 150 | 67 | 74 |
150 - 300 | 59 | 66 |
300 - 600 | 52 | 59 |
600 - 1,200 | 46 | 53 |
1,200 - 2,400 | 40 | 47 |
2,400 - 4,800 | 34 | 41 |
Above 4,800 | 32 | 39 |
(3)
Control of odors. No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors, which are measured in excess of the following limits:
(a)
For areas used predominantly for residential or commercial purposes, it is a violation if odors are detected after the odorous air has been diluted with seven or more volumes of odor-free air.
(b)
In all other land use areas, it is a violation if odors are detected after the odorous air has been diluted with 15 or more volumes of odor - free air.
(c)
When the source is a manufacturing process and agricultural operation, no violation of Subsection B(1) and (2) herein shall be cited by the Township, provided that the best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous gases, and where applicable, in determining the best practical control methods, the Township shall not require any method which would result in an arbitrary and unreasonable taking of property or in the practical closing of any lawful business or activity if such would be without corresponding public benefit.
(d)
For all areas, it is a violation when odors are detected after the odorous air has been diluted with 127 or more volumes of odor-free air, in which case provisions of § 265-122B(3)(c) herein shall not be applicable.
(4)
Control of glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence or wall in such manner as to be completely imperceptible from any point beyond the lot lines.
(5)
Control of vibration. No vibration which is discernible to human sense of feeling shall be perceptible without instruments at any point beyond the lot line.
(6)
Control of radioactivity or electrical disturbances. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance adversely affecting the operation of any equipment located beyond the property of the creator of such disturbances.
(7)
Outdoor storage and waste disposal.
(a)
No flammable or explosive liquids, solids or gasses shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
(b)
All outdoor storage facilities for fuel, raw materials and products, and all raw materials and products stored outdoors shall be enclosed by a fence, wall or planting screen adequate to conceal the facilities from abutting properties.
(c)
No materials or waste shall be deposited upon the lot in such form or manner that they may be transferred off the lot by natural causes of forces.
(d)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
(8)
Electrical, diesel, gas or other power. Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the safety requirements recognized by the Pennsylvania Department of Labor and Industry and shall be so constructed and installed so as to be an integral part of the architectural features of the plant, or if visible from abutting residential properties shall be concealed by coniferous planting.
(9)
Industrial waste or sewage. No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste except as shall be approved by the Department of Environmental Protection.
(10)
Fire and explosive hazards.
(a)
In the M2 District and at least 40 feet from the boundary of a residence, business or commercial district, the storage, utilization or manufacture of materials or products ranging from free or active burning to intense burning—as determined by the Zoning Officer—is permitted, subject to compliance with all other performance standards for the M2 District, inclusive, and provided the following conditions are met:
[1]
Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls.
[2]
All such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association or if the materials, goods or products are liquid, the protection thereof shall be in conformity with standards prescribed by the National Fire Protection Association and requirements of the other ordinance of the Douglass Township Code of Ordinances.
(b)
The storage and utilization of materials which produce flammable or explosive vapors or gases shall be permitted in this district, provided:
[1]
That the storage and utilization of materials which produce flammable or explosive vapors or gases having a closed cap flash point under 24° F are prohibited, except when such materials are used in secondary processes or are required in emergency or standby equipment or for use as power or heating fuels, which then is limited to 15,000 gallons; and except as provided in § 265-122B(10)(b)[4] below;
[2]
That the storage of materials which produce flammable or explosive vapors or gases having a closed cup flash point between 24° F and 70° F be limited to 15,000 gallons (exclusive of storage in underground tanks and exclusive of finished products in original sealed containers and exclusive of work in process); and except as provided in § 265-122B(10)(b)[4], below;
[3]
That the storage of materials which produce flammable or explosive vapors or gases having a closed cup flash point above 70° F are limited to 200,000 gallons (exclusive of storage in underground tanks and exclusive of finished products in original sealed containers and exclusive of work in progress);
[4]
That gasoline distribution storage in excess of 200,000 gallons shall be permitted; and
[5]
That the use and storage of such materials shall be in conformity with standards prescribed by the National Fire Protection Association and the requirements of other ordinances of the Douglas Township Code of Ordinances.
(c)
The applicant shall demonstrate to the Township Engineer and Township Planning Agency that:
[1]
Adequate provisions will be made to reduce and minimum any objectionable elements to the degree necessary to insure that the proposed use(s) will not be noxious, hazardous or offensive as defined in § 265-122A herein.
[3]
The Township Engineer or Planning Agency may require, in order to determine that adequate safeguards are provided, that:
§ 265-123 Conditional use criteria and requirements for Use H-6: Solid Waste Management Facility.
Except as otherwise specifically provided in this section, a sanitary landfill or a solid waste management facility shall be permitted as a Conditional Use under § 265-121 only if the application and the use proposed thereby comply with all applicable requirements set forth in this chapter and any other Ordinance of Douglass Township in addition to the requirements as stipulated under Use H-6: Solid Waste Management Facility.
§ 265-124 Conditional use criteria and requirements for activities other than Use H-6: Solid Waste Management Facility.
Except as otherwise specifically provided in this section, activities other than sanitary landfill or solid waste management facility, which are subject to grant of conditional use by Board of Supervisors shall be permitted as a conditional use under § 265-121 only if the applicant and the use proposed thereby comply with all applicable requirements set forth in this chapter and any other ordinances of the Douglass Township Code of Ordinances, in addition to the following requirements:
A.
The following conditions as well as any other reasonable conditions may e imposed by the Board of Supervisors as conditions of approval of any of the aforementioned uses at the discretion of the Board:
(1)
The applicant may be required to permit access to its operational and financial records for the purpose of periodic review by a Governmental Advisory Board consisting of three Supervisors of Douglass Township, one member appointed by the Board of Supervisors of Douglass Township, and one member appointed by Montgomery County Board of Commissioners.
(2)
Offer to purchase.
(a)
The applicant may be required to office unconditionally to purchase properties containing residential buildings at the time of application located within 500 feet of the boundary line of the tract for which one of the aforementioned facilities is proposed. The offer to purchase such residential properties shall include the residential structures, together with the minimum lot size permitted by this chapter for a single-family detached residence. To determine the amount to be offered to each property owner, a panel of three qualified appraisers shall be retained. One appraiser shall be selected by the owner of the property in question, and a second appraiser selected by the applicant for conditional use approval. The two appraisers so selected shall together select a third appraiser. The reasonable cost of the appraisals shall be paid by the applicant.
(b)
The applicant may be required to offer unconditionally an amount equal to the mean appraised value of the property based on the three appraisal reports, plus 25% of such mean value. Such properties when purchased shall remain part of the tract on which the use is located and owned by the owner thereof so long as such use continues. The value shall be determined as the value existed immediately preceding the application and as unaffected by it.
B.
The applicant shall comply with all applicable federal and state regulations.
D.
Vehicle access:
(1)
Any Township road used to provide access to any aforementioned uses shall be paved and maintained in good condition in accordance with the standards of Pennsylvania Department of Transportation relating to the heavy truck traffic resulting from such facility.
(2)
The Board of Supervisors may designate safe and adequate access roads and prohibit the use of other roads.
(3)
Applicant at its expense may be required to upgrade access roads to the facility in accordance with a plan approved by the Board of Supervisors.
(4)
The costs of upgrading and maintaining access roads to the aforementioned facilities shall be paid by the aforementioned approved facility operation in a manner suitable to the Supervisors.
(5)
When acquisition of private property is necessitated by the plan approved by the Board of Supervisors, the Township may use its power of condemnation to obtain the land at the expense of the applicant.
E.
The site shall be fenced and secured by gates which can be locked. In addition, appropriate precautions shall be taken to prevent waste from escaping the site because of wind or otherwise. Fencing, walls and other enclosures may be required for this purpose. Any such escaping waste shall be collected daily and properly disposed.
F.
Any aforementioned use facility within the section must have the proposed site graded and provide appropriate drainage to minimize runoff, prevent erosion, and to prevent collection of stagnant water.
G.
Reasonable visual screening of such facilities composed of trees and so forth shall be provided. Such visual screening shall include evergreen trees in a solid double row with a minimum height of nine feet and, in addition, shade trees with a two-inch caliper and a minimum height of nine feet in a number equivalent of one tree for every 50 linear feet of buffer. In addition, there shall be no dumping, depositing, storage, incineration, treatment or disposition of waste within 590 feet of any dwelling, church, school or other occupied building.
H.
Buildings shall be constructed on the site to house equipment other than motor vehicles when not in use.
I.
All buildings shall be equipped with fire and smoke detection and extinguishing facilities in accordance with regulations of the Pennsylvania Department of Labor and Industry, the National Fire Protection Association, and/or other more stringent regulations, if determined appropriate by the Board of Supervisors.
J.
A certified copy of all reports, data, plans and other material or information required to be submitted to the Pennsylvania Department of Environmental Protection also shall be submitted to the Board of Supervisors.
K.
A tire cleaning area shall be provided on the access road within the facility site. All tires on all trucks leaving the facility site shall be cleaned.
L.
An environmental assessment statement shall be submitted to the Board of Supervisors and shall include the following:
(1)
A description of all proposed facilities;
(2)
A physical description of the environment affected, including a summary of technical data and maps and diagrams adequate to permit an assessment of potential environmental impact by commenting agencies and the public. Highly technical and specialized analysis and data should be attached as appendices or footnoted with adequate bibliographic references;
(3)
The interrelationship and cumulative environmental and economic impacts of the proposed facility when coupled with other existing manufacturing industrial facilities shall be stated and supported by adequate technical analysis;
(4)
The sources of data used to identify, quantify and evaluate any and all environmental consequences must be expressly noted;
(5)
The relationship of the proposed use to land use plans, policies and controls for the affected area, including a statement as to how the proposed use may conform or conflict with the objectives and specific terms of existing or proposed federal, state, county or Township land use plans, policies and controls;
(6)
An analysis of:
(a)
The primary and secondary effects of the facility and its capacity to stimulate or induce changes in patterns of social and/or economic activities;
(b)
The impact on existing community facilities and activities, changes in natural conditions, and so forth; and
(c)
The effect on natural and cultural features such as streams, mountains, historic sites, landmarks, principal roads, lakes and towns.
(7)
Specific data relating to the impact of the facility on local vehicular traffic, and designating the routes to be utilized by vehicles seeking access to that proposed facility;
(8)
Specific data relating to the impact of the facility on local water supplies, streams and rivers;
(9)
Specific data relating to the impact of the facility on natural and manmade local storm drainage facilities and areas;
(10)
Specific data relating to the impact of the facility on the existing flood hazard areas of the Township, including details of any measures or precautions which may have to be taken in order to provide adequate flood control in the Township;
(11)
A statement of any probable adverse environmental effects which cannot be avoided (such as water or air pollution, undesirable land use patterns, damage to life systems, congestion, threats to health or other consequences adverse to the environment). Included for purposes of contrast should be a clear statement of how other avoidable adverse effects will be mitigated;
(12)
The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. This section should contain a brief discussion of the extent to which the proposed use involves short-term environmental gains at the expense of long-term losses, or the converse, and a discussion of the extent to which the proposed use forecloses future options. In this context, the words, "short-term" and "long-term" should be viewed in terms of the environmentally significant consequences of the proposed use;
(13)
The aesthetic impact of the proposed use, including its impact upon visual quality of the surrounding community;
(14)
An analysis of the success and/or failure of similar projects;
(15)
A statement of any adverse effects on employment, taxes and property values;
(16)
A statement of any effects on desirable community growth; and
(17)
A statement describing the location and impact of the project on nearby recreation areas.
(18)
Such other information as reasonably required by the Board of Supervisors, Planning Agency, Township Engineer and/or Solicitor.
M.
Contents of application. An application for a conditional use for any aforementioned facility shall contain the following:
(1)
A topographical drawing, prepared by a professional engineer, registered in the State of Pennsylvania, to a scale no greater than one inch equals 100 feet, showing:
(2)
The names and current addresses of any and all persons who own any interest, real or equitable, in the real estate, which is the subject of the application;
(3)
The names and current addresses of any and all persons having any ownership interest in any corporations or other business entities which may be set forth in answers to Subsection M(1) above, where such persons possess an ownership interest of 10% or more (ownership shall include constructive ownership as defined by Internal Revenue Code, Section 318, as now in effect);
(4)
The names and current addresses of any and all persons having any ownership interest in the operation or proposed operation, maintenance and use of the facility in question;
(5)
The names and current addresses of any and all persons having any ownership interest in any corporations or other business entities which may be set forth in answer Subsection M(1) above, where such persons possess an ownership interest of 10% or more (ownership shall include constructive ownership as defined by Internal Revenue Code, Section 318, as now in effect);
(6)
The identities and qualifications of personnel designated to manage and operate the proposed facility, together with their intended responsibilities;
(7)
An access road survey, which shall including the following:
(8)
Statement of applicant's prior experience, if any, in operating any aforementioned facilities; and
N.
Waiver of requirements. The Board of Supervisors for good cause may, in its discretion, waive any of the requirements set forth in this section.
O.
Indemnification. The owner and/or operator of the facility shall agree to indemnify and hold the Township harmless from any liability in connection with the permitting, construction and/or operation of the facility.
§ 265-125 Dimensional standards.
The following table contains the dimensional standards applicable to the M-2 District:
Minimum lot size | 5 acres |
Minimum lot width at building line | 300 ft. |
Maximum building coverage | 60% |
Maximum impervious coverage | 75% |
Minimum landscaped area | 25% |
Maximum building height | 50 ft. |
Minimum building setbacks from: | |
Ultimate right-of-way line | 10 ft. |
Abutting residential or institutional zoning district boundary line | 100 ft. |
Abutting commercial or industrial zoning district | 100 ft. |
Any other property line not abutting a zoning district boundary or street | 50 ft. |
Minimum driveway, parking, loading setback measured from: | |
Ultimate right-of-way: parking or parallel drive | 20 ft. |
Ultimate right-of-way: loading | 100 ft. |
Abutting residential or institutional zoning district boundary line | 100 ft. |
Abutting commercial or industrial zoning district | 50 ft. |
With shared parking and loading | 1 ft. |
Street intersection (applies only to driveways, measured between centerlines) | 100 ft. |
§ 265-126 General regulations.
The following general regulations shall apply for any development proposal within the M-2 District:
A.
Ownership. The tract of land shall be in single ownership, or ownership shall be such that the tract will be developed under a single direction in accordance with an approved plan.
B.
Sewer and water facilities. All development in the M-2 District shall be served by public sewer and water facilities, subject to approval by the Board of Supervisors, Pennsylvania Department of Environmental Protection, and appropriate sewer and water authorities.
C.
D.
Development stages and permits. The development of the tract may be carried out in either a single phase or in stages. If carried out in stages, the development shall be in accordance with a development agreement which shall:
E.
Other development regulations:
(1)
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground.
(2)
Signs. All signs in the M-2 District shall comply with the requirements of Article XXIV Signs, of this chapter, including traffic control, directional and street signs.
(3)
Lighting facilities. Lighting facilities shall be provided in accordance with § 230-66 of the Township's Subdivision and Land Development Ordinance.
(4)
Trash and refuse areas. Trash and refuse shall either be stored inside the building or within an opaque screened area, which shall be at least six feet high.
G.
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the M-2 Industrial Development without causing undue congestion or interference with the normal traffic flow. The Township Planning Agency, with the advice of the Township Engineer, shall evaluate the adequacy of the thoroughfares and access points intended to accommodate the traffic generated by the proposed M-2 Industrial Development.
H.
Minimum distance between buildings on one lot. The minimum distance between buildings on one lot shall be 25 feet.
§ 265-127 Plan submission requirements.
All proposals for development within the M-2 District shall comply with the pertinent requirements of the Douglass Township Subdivision and Land Development Ordinance, concerning nonresidential developments.