Edgmont Township City Zoning Code
ARTICLE XXVII
Education and Group Homes
§ 365-162 Education.
A.
Schools.
(1)
Purpose. It is the intent of these regulations to institute standards for the establishment of a school in Edgmont Township.
(2)
(4)
Standards of approval. The following are the minimum requirements to establish a school in Edgmont Township:
B.
Educational resource centers.
(1)
Purpose. It is the intent of these regulations to permit and provide for an educational resource center consistent with the desire to preserve open space and protect the natural environment.
(3)
Bulk and area regulations. Along with the bulk and area requirements set forth in Article IV, § 365-14D(3), the following shall apply:
(a)
Gross tract size. The tract shall be entirely within the R-1 Rural Residential/Agricultural District, be held in common ownership and contain a minimum of 50 contiguous gross acres not separated by any public thoroughfare.
(b)
Net lot area. The net lot area on which the educational resource center is located shall not be less than 25 acres.
(4)
Additional tract standards.
(a)
Master development plan. The tract shall be developed under a single master development plan which shall be submitted with the conditional use application and include all land within the tract. This master development plan shall reflect all existing and proposed development on both the educational resource center lot and the balance of the tract, the submission of which shall not constitute a subdivision or land development plan submission.
(b)
Conservation considerations. The design and development of the tract shall provide for the conservation of land, the preservation and maintenance of existing historic structures and the protection of natural resources.
(c)
Suitability of tract. The tract and any proposed lots within it shall be environmentally and physically suitable to support the intended uses identified on the master development plan consistent with the intent of § 365-12C(2)(d) and this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
Natural features. The natural features of the tract, including but not limited to wooded areas, floodplain and steep and very steep slope areas, shall be preserved and protected through sensitive environmental site design consistent with the purposes of § 365-12C(2)(d) and this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
Standards of approval. In addition to the requirements of Article XXXII, § 365-191, it shall be the applicant's burden to demonstrate compliance with the following design, operational and use standards:
(a)
Location of buildings. Buildings shall not be located to dominate a hilltop or monopolize the view of rural countryside.
(b)
Compatibility with residential zoning. Structures shall be designed, constructed and/or used which are aesthetically and operationally harmonious with a medium-to-low-density residential area.
(c)
Sewer and water. Sewer and water facilities shall be designed to adequately serve the proposed development and comply with the regulations of the Pennsylvania Department of Environmental Protection, Township regulations and ordinances and any other applicable governmental laws or regulations. Connection to a public water supply shall be made where available and practical. Fire protection measures shall be provided and installed as approved by the Township.
(d)
Traffic. The proposed educational resource center shall not burden the immediate neighborhoods or the community by significantly increasing traffic or commercial vehicles.
(e)
Parking. Minimum parking shall be provided consistent with the provisions for educational uses.
(f)
Security. The use shall not create a security threat to the Township or the community.
(g)
Residential facilities. There shall be no student residential facilities provided.
(h)
Future development. The lot to be used for an educational resource center shall be deed-restricted or otherwise limited to prevent further subdivision. No use shall be made of its acreage to increase the development density of other land.
(i)
Conservation. Provision shall be made by which the Township or a conservation organization shall ensure the preservation of the conservation purposes of the development should the educational resource center be discontinued.
(j)
Adverse impacts. All adverse, off-site impacts associated with a use under § 365-12C(2)(d) shall be minimized through proper site planning and the imposition of conditions by the Board of Supervisors. The applicant for conditional use shall investigate and disclose such potential adverse impacts, and the application shall set forth the manner in which the adverse impact thereof shall be minimized and mitigated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(k)
Subdivision and land development. The provisions of Chapter 305, Subdivision and Land Development, and other ordinances shall apply.
(l)
Conditions. Additional conditions may be imposed by the Board of Supervisors at the time of conditional use decision based upon the specifics of the use shall be accepted.
C.
Child day-care centers.
(1)
Purpose. It is the intent of these regulations to permit and provide for child day-care centers while maintaining the health, safety and welfare of the children utilizing the facility.
(2)
Use regulations.
(a)
(b)
Prohibited use. Except as provided in this section, no child day-care center or other child day-care use shall be established or operated within the Township.
(3)
Standards of approval. In addition to the requirements of Article XXXII, § 365-191, applications for child day-care centers shall demonstrate compliance with the following requirements:
(a)
Size requirements. All indoor and outdoor areas in the child day-care center shall meet the size and other facility requirements as required by law.
(b)
Activity areas. All outdoor play and/or activity areas shall be fenced to a minimum of six feet in height. Fencing shall be of a material suitable for the facility location and surrounding area, as determined by the Township.
(c)
Access. Access from the child day-care center to the outdoor play and/or activity areas shall be through the interior of the child day-care center. The play and/or activity areas shall be secured to prevent entry or access from outside of the child day-care center, except in the event of an emergency.
(d)
Traffic circulation. Safe and adequate dropoff, pickup and traffic circulation shall be provided.
(e)
Utilities. Adequate and appropriate utilities, including water and sewer, shall be provided.
(f)
Compliance with laws. An applicant for a child day-care center shall demonstrate compliance with all other federal, state, and local laws, rules and regulations governing child day-care centers.
(4)
Site requirements.
§ 365-163 Group homes.
A.
Purpose. The purpose of this section is to provide for housing opportunities within the Township for persons with disabilities (as defined in the Fair Housing Act,[1] as amended) and to allow for living arrangements to meet various supportive needs of the resident occupants of group homes consistent with public safety, health and welfare.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
B.
Use regulations.
(1)
By right. A group home shall be permitted by right in all residential zoning districts and on all properties under residential use, provided that such group homes shall otherwise conform to the requirements of the underlying zoning district.
(2)
Prohibited uses. A group home shall not include persons having or being treated for substance addiction or dependency, infectious diseases, persons released from incarceration or other persons who could reasonably be considered a threat to the physical safety of others, and such uses shall be prohibited unless otherwise expressly provided by law to the contrary.
C.
Standards of approval. In addition to the requirements of the underlying zoning district, group homes shall demonstrate compliance with the following requirements:
(1)
License. Group homes shall be licensed at all times by the appropriate federal, state and/or local agencies; a copy of the license shall be displayed as required by law.
(2)
Operation. Services shall be provided to the resident occupants in accordance with the license and as otherwise required by state law and/or the Fair Housing Act, as amended.