Greene Township Beaver County
City Zoning Code

A-1 AGRICULTURAL

DISTRICT

§ 153.075 STATEMENT OF PURPOSE AND USE SUMMARY.

(A) Purpose. The Agricultural District is established to provide for agrarian, low-density residential and related land uses.

(B) Use summary.

(1) A-1 uses permitted by right.

(a) Agriculture;

(b) Cemeteries;

(d) Commercial greenhouses/nurseries;

(e) Commercial kennels;

(f) Commercial stables;

(g) Garden centers;

(h) Municipal buildings/fire stations;

(i) Municipal recreation;

(j) No-impact home-based business;

(k) Single-family detached dwellings;

(l) Single mobile homes; *

(m) Veterinary clinics; and

(n) Campgrounds.

1. Permits.

a. It shall be unlawful for any person to construct or maintain a campground within the township without first having secured a permit from the township.

b. Application for such permit shall be provided by the Township Administrative Secretary/Treasurer upon request. Following the approval of the Township Supervisors, a permit shall be issued by the Administrative Secretary/Treasurer.

c. The campground permit fee shall be set by the Board of Supervisors per camping site, such permit to be renewed annually at a fee to be set by the Board of Supervisors.

d. The permit shall be valid only for the campground for which the application is made.

e. The permit may be transferred provided the transferee campground is in compliance with all provisions of this division (B)(1)(n) and upon the payment of a transfer fee to be set by the Board of Supervisors annually.

f. In the event the issuance of a permit is authorized by the Supervisors for the establishment of a campground in accordance with the provisions of this division (B)(1)(n), or in the case of a presently existing campground, no change or alteration shall be made to same unless application therefore shall be made to the Supervisors as in the case of the original establishment of a campground and a permit is thereupon authorized to be granted for such change or alteration by the Supervisors.

g. The Supervisors may revoke, suspend or refuse to renew a permit at such time as there is evidence of noncompliance with this division (B)(1)(n).

2. Plan. Application for a campground permit shall be accompanied by a site plan (four copies) for the proposed campground. Such site plan shall include the location and identification of all streets and roads, parking areas, individual camping site identification, utility services and location of all utility shut-off points, buildings, recreational areas and other facilities. The plan shall be drawn at an appropriate scale as to provide ease of review, but at no less than one inch equals 100 feet.

3. Standards.

a. Lot size and setbacks. A campground shall occupy a lot size of not less than ten acres. No camping site shall be located within 35 feet of a commonwealth road or public right-of-way, or within 50 feet of a township road, or within 50 feet of any property line, or within 300 feet of a non-affiliated residence.

b. Camping sites. Individual camping sites shall contain a minimum of 1,500 square feet with a minimum width of 30 feet. Each camping site shall provide a clear, level, water and mud free pad for accommodating trailers, campers and one vehicle.

c. Common area parking. Parking may be provided within the campground. Campground parking areas shall be maintained in a clean, mud/dust free and well-drained condition.

d. Streets and roads. Each camping site shall front upon an approved street or road.

i. One-way streets and roads with camping site parking shall have an improved surface of no less than 16 feet.

ii. Two-way streets and roads with camping site parking shall have an improved surface of no less than 32 feet.

iii. One-way streets and roads with on-street parking on one side shall have an improved surface of no less than 20 feet, and 28 feet for parking on both sides.

iv. Two-way streets and roads with on-street parking shall have an improved surface of no less than 28 feet for one side parking, and 36 feet for both side parking.

v. Streets and roads shall be graded to provide positive drainage from the road surface. Drains and culverts shall be provided as necessary to maintain proper drainage.

vi. Streets and roads shall be all-weather constructed to have an improved surface of at least six inches of crushed, compacted aggregate and built to be mud-free year round.

vii. Recreational vehicles or trailers with a pulling hitch shall have an eight-foot setback from any street or road.

e. Emergency ingress and egress to all camping sites shall be maintained at all times.

f. Common facilities shall be well illuminated from dusk to dawn with the lighting directed downward and away from all adjoining properties.

4. Compliance with other regulations.

a. All campgrounds shall comply with the Rules and Regulations of the Commonwealth of Pennsylvania, Department of Health, as set forth in Article 413, Chapter 4, “Regulations for Control of Sanitation in Organized Camps and Campgrounds” adopted April 25, 1968, as amended.

b. Violation of the above regulations shall constitute a violation of this division (B)(1)(n) and such violator shall be subject to penalties as described in § 153.999.

c. All campgrounds must comply with the township floodplain regulations and successive revisions and amendments thereto, as codified in Chapter 151 of this code of ordinances.

d. All campgrounds with 50 or more camping sites must have at a minimum a 10,000 gallon water storage tank for every 50 camping sites accessible in case of fire emergency.

e. If permitted within the campground, all pets must comply with laws established by the commonwealth regarding care, control and health.

5. Additional requirements. In addition to compliance with the standards set forth in this division (B)(1)(n), the township may impose additional requirements as deemed reasonably necessary to protect the health, safety, morals and general welfare of the public. Such additional requirements shall be included in the plan for the campground and shall be complied with prior to issuance or renewal of a permit.

6. Campgrounds in existence at time of adoption of this division (B)(1)(n).

a. Any person operating a campground at the time of adoption of this division (B)(1)(n) shall make application for a permit, including a plan of the existing campground.

b. The Supervisors shall examine the plan to determine which violations of this division (B)(1)(n), if any, necessitate immediate correction, and proof of such correction shall be required prior to issuance of a permit.

c. Any person operating a campground at the time of adoption of this division (B)(1)(n) shall within one year submit a plan for his or her campground complying with the requirements of this division (B)(1)(n) and shall within two years of this date of this division (B)(1)(n), comply to the requirements and standards herein.

7. Variances. Upon receipt of evidence that compliance, with the entirety of the requirements and standards of this division (B)(1)(n), would render undue hardship, the Supervisors may grant a variance to those specific requirements and standards provided that such variance does not violate the intent of this division (B)(1)(n) and/or endanger the health, safety, morals or general welfare of the public.

8. Inspections. At the request of the Board of Supervisors, the Township Engineer or duly authorized officer of the township shall make a thorough inspection of all campgrounds located with the township. The officer shall thereupon make a report to the Board at its next public meeting on the health and sanitary conditions found in each campground. It shall be a condition of any campground permit to allow inspection of said campground by township.

9. Exclusions.

a. Primitive camps, defined as unimproved, limited access with non-delineated camping sites, shall be limited to use to three nights during 21 consecutive days. These camping sites are excluded from the provisions of this division (B)(1)(n).

b. Campgrounds associated with festivals, fairs and similar events with durations of ten days or less are exempt from the provisions of this division (B)(1)(n). Use of camping sites and placement of campers and recreational vehicles shall not exceed ten consecutive days in a 60-day period.

10. Office and signage.

a. Each campground shall have an office in which shall be kept copies of all records pertaining to the management and supervision of the campground. Such records shall be available for inspection by the authorized officers of the township. The permit from the township shall be on display in a conspicuous place on the premises at all times.

b. Each campground shall have identifying signage at all entry points and directional signage to the campground office. The campground office shall have a lighted office sign not less than two feet by four feet.

c. Each campground shall provide an on-premises detailed map of the general grounds, camping site lots, buildings, identified roadways and utility emergency shutoffs on permanent outdoor display in proximity to the office.

11. Register. It shall be the duty of the property owner or his or her agent to keep a register of the “head of the family” accommodated in the campground, his or her regular home address and the number and description of his or her automobiles or other vehicles. Said register shall be open at all times to the inspection by any authorized official of the township. The owner or his or her agent shall prescribe rules and regulations for the management of the campground and make adequate provision for the enforcement of such rules.

12. Water and sanitary conditions. Water supplies and sanitary sewage disposal must be approved by the Pennsylvania Department of Environmental Protection (DEP) and the township’s Sewage Enforcement Officer (SEO) as appropriate to contain raw sewage discharge.

13. Buffer areas and common open spaces.

a. There shall be planted a buffer yard of at least 50 feet along the side and rear yards that shall contain plantings of at least four feet in height when planted, to provide a visual buffer. A minimum of two rows of evergreen trees or large evergreen shrubs of two different species shall be planted in staggered rows on 15-foot centers to produce the desired visual barricade. The intent of the buffer yard is to provide a visual barrier and screen adjoining existing or future residential development from direct view of the campground and unfiltered headlight beams from campground traffic and parking. Immediate replacement of dead trees or shrubs shall be required.

b. The campground shall provide not less than 20% of the total land area for common open space purposes. Common space shall be so located as to be free of traffic hazards and should, where topography permits, be centrally located and easily accessible to all campers. Common space shall not include roadways and parking areas.

14. Regulations for storage and use of recreational vehicles.

a. No more than two recreational vehicles may be stored or maintained outside of an enclosed structure on any lot in the township except in approved and properly permitted campgrounds. For purposes of this division (B)(1)(n), contiguous lots owned by the same persons shall be considered one lot. For purposes of this division (B)(1)(n)14., enclosed structure includes a structure with a roof only.

b. No recreational vehicle which is not registered, licensed and inspected in accordance with the requirements of the laws of the commonwealth or in accordance with the requirements of the laws of the state of residence of the owner, shall be stored or maintained outside of an enclosed structure on any premises except for purposes of sale or repairs which are not to exceed 60 consecutive days in a 120-day period. This excludes permanent campgrounds with a recreational vehicle used for office purposes.

c. No recreational vehicle which is not registered, licensed and inspected, in accordance with the requirements of the laws of the state or in accordance with the requirements of the laws of the state of residence of the owner, shall be used or occupied for living quarters or residential purposes, whether temporary or permanent.

d. No structural additions shall be constructed onto or attached to a recreational vehicle and no recreational vehicle shall be physically attached to or become a part of any other building.

e. No recreational vehicle shall be used as a dwelling, for residential use or for living quarters, whether permanent or temporary, except under the following circumstances:

i. In an approved and properly permitted campground;

ii. Where located adjacent to a dwelling which provides occupants of the recreational vehicle with sewage, water and utility services provided that they are used as temporary living quarters for periods of time not exceeding 30 consecutive days and 90 cumulative days in any calendar year; and

iii. Where otherwise permitted and not located adjacent to an existing dwelling on the same lot or in a campground, for temporary living quarters for a period of time not exceeding 30 consecutive days and 90 cumulative days in any calendar year, providing the recreational vehicle is connected to a sewage system as required by and in accordance with the applicable regulations of the township and the Department of Environmental Protection (DEP) pursuant to a properly issued permit, providing the sewage disposal system shall be maintained in accordance with said regulations, and providing there is adequate provision for potable water supply on the property.

(2) A-1 conditional uses.

(a) Cellular communications antenna/tower;

(b) Day-care center;

(d) Funeral home;

(e) Group residential facility;

(f) Institutional facility; and

(g) Mobile home park.

(3) A-1 conditional uses.

(a) Older adult daily home living facility;

(b) Older adult daily living center;

(d) Planned unit residential;

(e) Recreation, private and commercial/indoor and outdoor;

(f) Storage unit facilities; and

(g) Underground coal mine.

(4) A-1 special exceptions.

(a) Bed-and-breakfast;

(b) Conversion apartments; and

(2003 Code, § 170-12) (Ord. 2-93, passed 5-4-1993; Ord. 2-98, passed 8-4-1998; Ord. 3-98, passed 10-6-1998; Ord. 1-2004, passed 6-7-2004; Ord. 1-2009, passed 1-22-2009; Ord. 2-2009, passed 2-1-2010; Ord. 8-2016, passed 9-6-2016)

Editor’s note:

*Subject to criteria specified in §§ 153.215 through 153.228, Supplementary Regulations.

§ 153.076 CONDITIONAL USE PROVISIONS.

The following conditional uses may be authorized by the Township Supervisors pursuant to the standards and criteria specified herewith.

(A) Day-care/family day-care homes.

(1) All activities shall be conducted in a private detached single-family residence.

(2) Activities shall be limited to functions normally associated with the part-time tending of children and shall not include overnight lodging.

(3) Activities shall be conducted within a home atmosphere that is void of any special facilities or appurtenances other than secure play areas and/or apparatus that are deemed to be normal single-family accessory uses within the immediate neighborhood.

(4) Safe off-street pickup and dropoff areas shall be provided at the site.

(5) Outdoor play areas shall be fenced to control access to adjacent properties and vehicular ways. No portion of the outside play areas shall be less than 30 feet from a neighboring dwelling without the owner’s written consent. Outdoor play shall be limited to the hours between 6:00 a.m. and 9:00 p.m., prevailing local time.

(6) A minimum of 100 square feet of usable outdoor play space and 20 square feet of usable indoor space shall be provided for each child present at the facility, including resident children.

(7) Day-care services shall be limited to a total of six children at any one time for the following categories of clientele (a mix of categories shall be permitted).

(a) Infants and toddlers. There shall be no more than four infants and/or toddlers in a family day-care home at any one time, including relatives of the caregivers. (Note: for purposes of these requirements, “relative” shall be deemed to be a child, stepchild, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, stepbrother or stepsister.)

(b) Preschoolers. At no time shall the number of children in care exceed six, excluding relatives of the caregiver. (Note: for purposes of these requirements, “relative” shall be deemed to be a child, stepchild, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, stepbrother or stepsister.)

(c) School age children. At no time shall the number of children in care exceed six children, excluding relatives of the caregiver. (Note: for purposes of these requirements, “relative” shall be deemed to be a child, stepchild, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, stepbrother or stepsister.)

(8) Day-care/family day-care homes shall comply with the then current editions of the IBC (International Building Code) National Fire Prevention Code and the IBC (, National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act (see 35 P.S. §§ 1221 et seq.).

(9) All rules, requirements and guidelines promulgated in the Day Care Service For Children Regulations Family Day Care Homes, Chapter II, § 8c of the Pennsylvania Department of Public Welfare Social Services Manual, effective June 13, 1981, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required township zoning and occupancy permits.

(B) Day-care center.

(1) Day-care centers shall be located only in commercial, public or semipublic institutional buildings, such as schools, churches, governmental or similar structures that meet all requirements specified by the Pennsylvania Department of Public Welfare for such activities. Day-care centers shall not be conducted in conjunction with single-family residential dwellings. When conducted on multi-family premises, all day-care center operators shall be completely separate and distinct from residential uses.

(2) Activities shall be limited to functions normally associated with part-time tending of children and shall not include overnight or drop-in care.

(3) Operational hours shall be limited to the hours between 6:00 a.m. and 9:00 p.m., prevailing local time.

(4) Day-care centers shall comply with the then current editions of the IBC National Fire Prevention Code and the IBC National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act.

(5) All rules, requirements and guidelines promulgated in the Regulations For Child Day Care Centers, Chapter II, § 8A of the Department of Public Welfare Social Services Manual, effective April 2, 1978, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required township zoning and occupancy permits.

(1) No use activities shall be permitted or conducted in any required front, side or rear setback area.

(2) No use activities shall be permitted or conducted within 100 feet of any adjoining R-1 or R-2 Residential District.

(3) All lot boundaries abutting any adjoining R-1 or R-2 District shall be enclosed by a landscaped buffer that meets the requirements set forth in §§ 153.215 through 153.228 of this chapter.

(4) Fencing may be required in cases where deemed necessary by the Township Supervisors or the developer for purposes of safety, security or design. The installation, material and design of the fencing shall be subject to recommendations and final approval of the Board of Supervisors.

(5) Loud speakers and similar sound amplification devices for entertainment purposes shall not exceed the noise levels for steady-state noise as specified in §§ 153.215 through 153.228 of this chapter.

(6) All lighting shall be designed and utilized in a manner that is compatible with residential uses within viewing distance of the site.

(7) Provisions shall be made for the safety and welfare of individuals and property both on-site and off-site, consistent with the projected use.

(D) Mobile home park. Mobile home park development and operation shall be subject to the requirements of §§ 152.145 through 152.159 of this code of ordinances, as amended.

(E) Funeral home.

(1) Parking and cortege formation in conjunction with funeral home operations shall be accommodated on site.

(2) Ingress and egress of traffic shall be coordinated with local traffic movements and volumes in a manner that will preclude safety hazards.

(3) Advertisement and location signing shall be limited to one sign not exceeding 12 square feet in area.

(4) On-site activity shall be screened from abutting properties with aesthetically acceptable fencing or dense evergreen plant materials providing a continuous opaque visual barrier.

(F) Group residential facility.

(1) The services shall be provided in a family environment as opposed to an institutional structure or setting.

(2) The group residential facility shall not include business or professional offices (other than incidental offices), business activities, fraternal or social clubs, hospitals, clinics or other such activities.

(3) The number of residents in any single group residential facility shall be limited to no more than eight persons, including client residents, staff and family of staff. Clients shall be limited to no more than six ambulatory persons.

(4) Supervision shall be provided by responsible and appropriately qualified adults on duty, on the premises on a 24-hour-a-day basis. A minimum of one such adult shall be in residence at the facility and on duty at all times.

(5) Lot, yard and all other dimensional requirements of the zoning district in which the facility is located shall be met. Each lot shall include a minimum of 1,600 square feet of exterior open space which is maintained and suitable for passive and/or active recreational use.

(6) In addition to normal residential parking requirements, parking facilities shall be provided at the rate of one off-street space for every two resident clients.

(7) A group residential facility shall be located not less than 2,500 lineal feet from any other group residential facility.

(8) A group residential facility shall comply with the then current editions of the IBC National Fire Prevention Code and the IBC National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act (see 35 P.S. §§ 1221 et seq.). Prior to issuing of a zoning permit, the facility shall be inspected by a representative of the local fire department to ascertain structure layout, fire escapes and other related information.

(9) Sanitary facilities, consisting of a sink, water closet, and tub or shower shall be provided at a ratio of one each for every four inhabitants of the facility.

(10) A dining area shall be provided which is of sufficient size to accommodate all clients and residents at a single seating.

(11) A minimum of 72 square feet of contiguous sleeping and personal area shall be provided for each client. Said area, for purposes of this requirement, shall be computed exclusive of common use areas such as circulation areas, storage areas, dining areas, kitchen and food preparation areas, gamerooms and related recreation or instruction areas and other common use spaces.

(12) A license or certification shall be obtained from the commonwealth, Department of Labor and Industry, Department of Public Welfare and any other state or county agency having jurisdiction, prior to the issuance of a certificate of occupancy. In the event that an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the Township Supervisors that the proposal for establishing such a facility satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.

(13) The sponsor shall file annually with the Township Administrative Secretary/Treasurer and the Zoning Officer information certifying that the facility continues to adequately meet the conditions of the original approval. Changes of sponsorship or of any conditions of original approval shall constitute a new use and the full conditional use procedure for obtaining a new use shall be exercised.

(14) In considering a request for establishment of a group residential facility under the provisions for conditional uses in the township, the Planning Commission may recommend, and the Township Supervisors may attach, any reasonable conditions and safeguards beyond those expressed in this chapter and other applicable codes duly enacted.

(15) Documentation shall be submitted which certifies approval of sewage disposal provisions by the Sewage Enforcement Officer, and certification shall be provided from competent sources that adequate water supply is available.

(G) Planned unit residential.

(1) Application process. The application process for approval of planned unit residential development as a conditional use shall be consistent with Pennsylvania Act 170, 1988, as amended, (see 53 P.S. §§ 10101 et seq.) and shall consist of the following steps.

(a) An application for tentative approval shall be filed by or on behalf of the landowner.

(b) All planning matters shall be determined by the Township Supervisors.

(c) Within 60 days following conclusion of the first public hearing, an official written communication shall be transmitted to the landowner which either:

1. Grants tentative approval;

2. Grants approval, subject to conditions; or

3. Denies approval.

(d) Tentative approval shall not qualify a plat for recording nor authorize the issuance of any permits.

(e) Following tentative approval, an application for final approval may be submitted for the entire development site or incremental parts thereof.

(f) Public hearings on applications for final approval shall not be required, provided the application is in compliance with the tentative plan previously given approval.

(g) The Township Supervisors shall act on the application for final approval within 45 days of filing.

(2) Contents of application.

(a) The application for tentative approval shall include the following:

1. A location map of the site at a scale no smaller than one inch equals 100 feet, showing boundaries, road systems and land uses within one-half mile of the site perimeter;

2. A site plan of the project which shall define the location of proposed uses; state the acreage by proposed use; show density of dwelling units; include street system plans for traffic and vehicular parking; include plans for sewage disposal systems, stormwater and other utilities; delineate the location of recreation facilities, open spaces and site amenities; and show proposed lot lines and plat designs; and

3. Additional documentation shall include the following:

a. The form of organization proposed to own and maintain common facilities and open space;

b. The substance of covenants, grants of easements or other restrictions to be imposed; and

c. A written statement by the landowner setting forth the reasons why, in his or her opinion, a planned residential development would be in the public interest.

(b) Application elements cited in divisions (G)(2)(a)1. and (G)(2)(a)2. above shall be prepared by a registered landscape architect, architect or civil engineer.

(3) Applications for final approval. Applications for final approval shall include any drawings, specifications, covenants, easements, performance bonds and other such requirements as may be specified by local officials at the time of tentative application approval.

(4) Requirements. The following requirements shall govern the approval and development of all planned unit residential developments in the township.

(a) The minimum land area for a planned residential development shall be ten contiguous acres.

(b) The developer shall provide within the planned development a sanitary sewage disposal system which shall be of sufficient size and design to collect and dispose of all sewage from all present and probable development in the planned development, and shall be constructed and maintained in conformity with the statutes and regulations of the State Department of Environmental Protection and all local regulations.

(c) The developer shall provide within the planned development a storm drainage system which shall be sufficient to dispose of all predictable surface water runoff within the development.

(d) Water service shall be supplied to each structure and facility to be erected in the development. Water shall be supplied by a certified public utility, a bona fide association of lot owners, or by a municipal corporation, authority or utility.

(5) Permitted uses. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes:

(a) Single-family detached dwelling;

(b) Townhouse units;

(d) Public or private park or recreation which may include golf courses, swimming pools, tennis courts, ski slope, toboggan run, ice skating rink and similar uses approved by the Township Supervisors;

(e) Schools; and

(f) Church, parsonage or convent.

(6) Percentages of land area. Within a planned residential development, the following percentages of the total land area shall be devoted to the specified uses listed herewith:

(a) A maximum of 80% for residential use; land devoted to residential use shall be deemed to include dwelling structures and buildings accessory thereto, streets, alleys, parking areas, private open spaces that abut and service residences or groups of residences; and

(b) A minimum of 20% for open air recreational uses and other usable open space but it shall not include usable open space which is available for use by the general public. USABLE OPEN SPACE shall be defined as an open area designed and developed for use by the occupants of the development for recreation, communal courts, gardens or household service activities. This space shall be effectively separated from automobile traffic and parking and readily accessible; space devoted to streets and parking shall not be included.

(7) Residential density. Residential density shall not exceed four dwelling units per gross acre of land within the development.

(a) There shall be no minimum lot size, setbacks, percentage of lot coverage or lot width, except as otherwise required below.

(b) Every single-family dwelling shall have access to a public street, court, walkway or other area dedicated to public use.

(c) No structure or group of related structures shall be erected within 50 feet of any other structure or group of structures.

(d) There shall be a yard setback of at least 50 feet along the perimeter of each planned residential development tract and adjacent to all adjoining roads.

(e) No structure shall exceed three stories in height.

(f) There shall be no continuous structure of townhouses containing more than four dwelling units.

(8) Open spaces between structures. Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications.

(9) Organization or trust. In cases where the township will not be accepting dedications of streets, recreation areas or open spaces, the landowner shall provide for an organization or trust for ownership and maintenance. In the event of default, the township may assume control and the resulting costs may be assessed against the properties that have right of enjoyment of these spaces and facilities as specified by applicable state statutes (Act 170-1988; see 53 P.S. §§ 10101 et seq.).

(10) Roads, alleys and parking areas. The dimensions and construction of roads, alleys and parking areas within the development, whether or not dedication to the township is contemplated, shall conform with all applicable township ordinances and regulations.

(11) General landscaping plan. A general landscaping plan shall be required at the time of the original submission to be followed by a detailed landscaping plan prior to final approvals. Existing trees and natural amenities of all types shall be preserved where feasible. A grading plan and erosion and sedimentation plan shall be provided prior to any construction or site development activity. All manufactured slopes shall be planted or protected from erosion and shall be of a character to blend with surrounding terrain.

(12) Layouts. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise and other potentially adverse influences shall be established in a manner that will protect residential character within the project site area and in any adjoining area. Parking areas shall be landscaped, paved and visually screened from adjacent structures through the use of planting, grade changes or similar appropriate means approved by the Planning Commission.

(13) Internal streets. All internal streets shall be oriented and designed in a manner that will discourage use by through traffic.

(14) Pedestrian and bicycle circulation system . A pedestrian and bicycle circulation system shall be established to serve all elements within the development. The pedestrian and bicycle circulation system shall be reasonably segregated from vehicular traffic to provide separation of vehicular and pedestrian movement.

(15) Utilities. All utilities, including telephone, television cable and electrical systems, shall be installed underground; provided, however, appurtenances to these systems which require on-grade installation must be effectively screened.

(H) Institutional facility.

(1) The application shall include and be supported by documents, maps, plans and other materials that contain the following information and such other related data as may be specified by the Township Planning Commission and/or Supervisors:

(a) Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;

(b) Legal description, street address, and other identifying data concerning the site;

(c) A description of the precise nature of the proposed use and its operating characteristics, and measures proposed to make the use compatible with other properties in the vicinity. This data shall include a complete description of proposed supervision procedures and policies;

(d) A dossier on the organization and all principals involved in any manner with the control, establishment and operation of the facility for which the application is being made, including organizational structure, financial status, experience, qualifications, references and any pertinent documentation deemed necessary by township officials to evaluate the application;

(e) A site plan showing proposed development of the site, including topography, building locations, parking, traffic circulation, usable open space, landscaped area and utilities and drainage features;

(f) Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale, and interior plan of all buildings; and

(g) Such additional material as may be prescribed or that the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a conditional use permit.

(2) All uses in conjunction with a conditional use permit issued by the Township Supervisors pursuant to this division (H) shall comply with the following:

(a) Compliance with any and all local, state, county and federal laws and regulations relating to the approval, development and operation of the facility; and

(b) The correction within the time specified of any violation by the facility owner or operator of any local, county, state or federal law, regulation, rule or enforcement order or any condition to any permit, license or authorization of authority issued in connection with the facility.

(3) The applicant shall obtain, as required, from each appropriate local, county, state and federal regulatory agency or authority, a permit issued in accordance with all applicable regulations for the proposed use. In the event any required permits have not been issued at the time Township zoning approval is requested, the zoning approval shall be expressly conditioned on the grant of necessary permits. At the time of making application to such local, county, federal or state authorities, the applicant shall file with the Township Administrative Secretary/Treasurer, a copy of each state or federal application with supporting documentation for the proposed use.

(4) All facilities shall be served by public water facilities as provided by a duly constituted water authority consistent with all rules and regulations thereof.

(5) In the absence of public sanitary sewerage facilities, a central private sewage disposal processing plant shall be established to serve all planned site requirements. Plans for said facility shall be approved by the Pennsylvania Department of Environmental Protection prior to conditional use approval under the terms of this chapter.

(6) The site shall be a minimum of five contiguous acres and shall meet all requirements specified in § 153.078 of this chapter.

(7) Institutional facilities shall comply with the then current editions of the IBC National Fire Prevention Code and the IBC National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act.

(I) Planned industrial district.

(1) A conditional use permit may be granted for planned industrial developments within the A-1 Agricultural District subject to the requirements of this section and the procedures specified in § 153.262 of this chapter.

(2) Applications for a conditional use permit shall include the following data:

(a) A survey drawn to scale prepared by a licensed professional land surveyor, registered in the commonwealth, showing the exact size, shape and dimensions of the site proposed for development;

(b) The exact size and location of all existing buildings and structures on the lot;

(d) All adjacent streets with traffic flow patterns;

(e) A written description of the proposed scope of the projected activity, including the estimated maximum number of shifts, employees and employment per shift of all use activities;

(f) A description of all proposed fuels to be used for heating and in business processes;

(g) Plans of all utility supply and service components prepared by a registered civil engineer;

(h) Proposed parking facilities including the size, arrangement and number of parking stalls, placement of lighting standards, landscape treatments and paving details;

(i) A circulation plan for all vehicles, including ingress and egress drives for all off-street parking and loading areas both front and rear, to ensure the prevention of blockage of vehicles entering and leaving the site, to provide for clear lines of vision and to illustrate buffering and general aesthetic provisions;

(j) Preliminary architectural and engineering sketches showing plan levels, elevations and other necessary information related to water runoff control, slope, contours, type of building construction and the like;

(k) Delineation of areas to be utilized for the exterior storage of materials and type of architectural screen to be provided; and

(l) Such other information as may be required by the Board of Supervisors, the Planning Commission or Chapter 152, Subdivision and Land Development.

(3) The following land area, density and locational requirements shall be strictly applied to all planned industrial districts authorized as conditional uses.

(a) The minimum land area for a planned industrial district site shall be ten contiguous acres.

(b) The maximum land area for a planned industrial district site shall be 25 contiguous acres.

(c) No planned industrial district perimeter boundary shall be located within two lineal miles of the nearest perimeter boundary of any other planned industrial district established or approved as a conditional use in the A-1 Agricultural District.

(d) All planned industrial districts shall be sited adjacent to, and with direct highway access on, either U.S. Route 30, State Route 168 or State Route 151. No traffic shall traverse a township right-of-way, or a private road which is not an integral component of a planned industrial site, for ingress, egress or circulation purposes.

(4) Uses permitted in this district shall be limited to the following:

(a) Business, professional and sales offices;

(b) Food processing, storage, packaging and distribution, exclusive of holding pens, slaughterhouses or related activities or processes such as rendering that are not consistent with the intent and the purposes for which this district is established;

(d) Light manufacturing and processing, as defined in § 153.031 of this chapter, and research and testing laboratories subject to the following:

1. No activities shall be permitted that involve automotive recycling and material salvage yards nor the storage, handling, testing, processing or other use of waste materials, sludge or byproducts thereof that have the potential to cause illness, death or pose substantial threats to the environment when stored, transported, treated, handled or disposed of;

2. Waste materials that shall not be utilized include, but are not limited to, garbage, refuse, sludge and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from residential, municipal, commercial, industrial, institutional, mining or agricultural operations and from community activities, or any combination of the above;

3. All activities, storage and other aspects of these uses shall take place within enclosed structures, except for ancillary parking and loading, unless otherwise authorized by the conditional use approval granted for the specified use; and

4. Such other factors and criteria as the Planning Commission and/or Township Supervisors deem necessary to protect the public health, safety, general welfare and intent of this chapter.

(e) Printing, engraving and publishing;

(f) Restaurants;

(g) Transportation depots and terminals; and

(h) Warehousing and storage.

(5) The following design, development and aesthetic standards and provisions shall be required.

(a) Uses and buildings shall be planned and organized to achieve a unified and harmonious development of the total site area.

(b) Structures shall not exceed a maximum height of three stories or 40 feet.

(d) Minimum front setback of structures from public road rights-of-way shall be 75 feet.

(e) Minimum side and rear setbacks of structures along the perimeter of the property shall be 50 feet.

(f) Minimum setbacks of structures for internal lots within the development (lots not adjacent to public rights-of-way or adjoining properties) shall be as follows:

1. Front setback: 40 feet;

2. Side setback: 20 feet; and

3. Rear setback: 25 feet.

(g) No parking or loading areas shall be permitted within 50 feet of any public right-of-way nor within 30 feet of any other site boundary.

(h) Parking shall be provided as required by the applicable sections of §§ 153.200 through 153.204 of this chapter. One or more parking lots may be designed to serve a multiple number of activity sites so long as none of the requirements of this chapter are violated. The aggregate of all available spaces shall equal the sum required to serve all proposed uses. Owners or tenants of lots shall not permit their employees, tenants or visitors to park on public streets. All areas used for driveways, loading, service, parking or vehicular storage shall be surfaced with paved surface subject to standards specified by the Township Engineer as appropriate.

(i) No loading dock shall be constructed facing on any public street or highway unless such loading dock and every part thereof is at least 75 feet from the right-of-way line of the street or highway on which such loading dock fronts and such loading dock is concealed by use of landscaping and earthen barriers. Truck and trailer maneuvering shall be confined to the property. Loading and parking areas shall be screened by landscaped earthen barriers or planting.

(j) Streets within the development shall be constructed in accordance with the prevailing specifications for local street construction in the township as set forth in Chapter 152, Subdivision and Land Development.

(k) Signs shall conform to the requirements specified in § 153.184 of this chapter. No flashing, animated or portable signs will be permitted and no building sign shall project above the roofline of the building.

(l) All utilities shall be located underground. Fire hydrants, where required, and street lighting shall be provided by the developer and properly located consistent with local standards as enumerated by providing agencies controlling jurisdictional authority or prevailing industry standards.

(m) Storm drainage and facilities shall meet all requirements of § 152.086 of Chapter 152, Subdivision and Land Development, and other applicable state and township requirements.

(n) All ground areas of the site not covered by buildings, paved parking, interior roadways and service areas shall be landscaped. Front yard areas shall be landscaped with lawn and/or other plant materials such as trees and shrubs. Side and rear yards and all slopes shall be covered by grass, ground cover or other appropriate plant materials. Paved areas and roadways shall be limited to portions of the site required for efficient operation of permitted business activities. In no instance shall paving cover more than 25% of the gross site area.

(o) Sight buffers consisting of plant materials or other appropriate treatments shall be established and maintained along a site perimeter when deemed necessary by the Board of Township Supervisors to protect the environmental quality and/or aesthetic and monetary values of residential properties that are adjacent to or in reasonably close proximity to the development site. Natural vegetation or existing topographical conditions may be utilized, if approved by the Supervisors as adequate, to achieve the purposes of a buffer. Planting, walls, fencing or other treatments incorporated in buffer corridors, as required and approved by the Board of Supervisors, shall be sufficient to provide year-long visual screening from residential uses. Buffers shall be established consistent with the following minimum standards.

1. The required buffer strip shall be established along the property perimeter in a manner best suited to achieve its screening purpose. Plant materials, other than lawn and ground covers not exceeding 18 inches above grade level, shall not be located within four feet of a highway right-of-way line.

2. The required buffer shall have a height adequate to achieve its purpose. Plant materials shall consist of dense evergreen plants of a kind and used in a manner so as to provide a continuous opaque screen within 36 months after planting. The Township Supervisors shall require new planting or alternative screening if an opaque buffer is not achieved within said period.

3. Initial planting shall consist of evergreen plant materials such as white pine, red pine, Austrian pine or other conifers with a similar growth rate.

4. Trees shall have a minimum initial height of five feet when planted.

5. Plant materials shall be spaced at a minimum distance of ten feet on center in a double line or otherwise located in a manner and density that a complete screening purpose is achieved within 36 months.

(p) Walls, fences and similar structures may be used alone or in conjunction with plant materials to create a required buffer strip if approved by the Township Supervisors pursuant to the following standards and criteria.

1. Structures shall be sited and erected consistent with all provisions of this chapter.

2. Structures shall be aesthetically compatible with adjacent residential and related uses in terms of material, styling and color.

3. No advertising shall be permitted in conjunction with said structures.

(q) Outdoor storage areas shall be permitted only in areas that do not front on a public highway and shall be permitted only if areas are enclosed or screened by walls, planting or other barriers providing year-round visual screening.

(r) Development may be constructed in phases.

(s) Development shall be constructed consistent with an approved master plan of the total contiguous site holdings of the developer. Subsequent stages of development shall constitute economically sound and aesthetically compatible units of expansion with respect to the subject site as well as to surrounding areas of the community.

(t) All contemplated structures and uses shall be designed to ensure compatibility with the character of perimeter areas and the community in general. Development plans for all projected immediate and long-range construction and the improvement of existing structures shall be reviewed by the Planning Commission and approved by the Board of Supervisors to ensure compatibility and harmonious integration with surrounding development and the general vicinity.

(u) Site plan design and requirements.

1. The site plan must present a unified design consisting of an organized arrangement of buildings, service facilities, parking and circulation systems. Buildings shall be sited in conformity and harmony with neighboring sites. The elevation, orientation and setback of the proposed buildings shall not detract from the view or appearance of adjacent buildings.

2. Harmony with the existing topography is required. The exterior of buildings shall be treated as an overall design concept. Colors, materials and finishes shall be coordinated on all exterior elevations of the building to achieve design continuity. No exterior walls or roofs may be faced with exposed corrugated or sheet metal. Architectural metal wall panels with an exterior face of extruded aluminum, stainless sheet, porcelain enameled metal, galvanized, bonderized steel sheet or anodized aluminum may be used.

3. All mechanical equipment if visible outside of a building shall be screened from view. Roof mounted mechanical equipment that projects vertically more than 24 inches above the roof or roof parapet, when viewed from street level, shall be screened by an enclosure.

(v) Lighting fixtures shall be designed for area illumination and utilize shielded or screened lamps designed to control glare. Floodlighting shall be used only for wall washing and sign illumination. All wiring for site lighting will be installed underground. Lighting fixtures should be compatible and harmonious throughout and should be in keeping with the design and function of the building.

(w) Water supply, sewage disposal and site drainage plans shall be prepared by a civil engineer. All waste disposal shall be in compliance with US/EPA and PADEP requirements and certified accordingly. All utility lines shall be placed underground.

(6) Performance guarantees: the developer shall provide easements, covenants and other necessary arrangements and furnish performance bonds and assurances, as determined necessary by the Township Solicitor to reasonably assure performance in accordance with the plan, and to protect the public interest in the event of abandonment prior to completion.

(J) Underground coal mine.

(1) A conditional use permit may be granted for underground coal mining within the A-1 Agricultural District subject to the requirements of this section and the procedures specified in § 153.262 of this chapter.

(2) A conditional use permit shall be granted for underground mining operations only after the applicant has obtained, from each appropriate state and federal regulatory agency or authority, a permit issued in accordance with all applicable state and federal laws and regulations for the proposed use. In the event such permits have not been issued at the time township’s zoning approval is requested, the applicant’s zoning approval shall be expressly conditioned on the granting of necessary permits as required by the appropriate state and federal agencies or authorities. At the time of making application to such federal or state agencies, the applicant shall file with the Township Administrative Secretary/Treasurer a copy of each state or federal application with supporting documentation for the proposed use. The applicant shall also provide the township with a written irrevocable acknowledgment that, as a condition to the continued validity of any permit issued by the township, the owner or operator will continue to maintain, after issuance, a valid permit pursuant to all local, state and federal laws and regulations, rules, enforcement orders and conditions.

(3) The following regulations shall govern the application process, development and use of coal mining portals and associated operations.

(a) Conditional use authorizations in A-1 and I-1 Districts: said authorizations in these zoning districts shall be limited to mine portals and associated operations for the primary purpose of gaining access from the surface to an underground mine. These regulations shall be applied as the primary basis for evaluating applications for persons or equipment.

(b) The lot area for a mining portal shall be a minimum of 25 acres.

(c) All structures, operational activities and parking areas that are visible from any structure or adjacent parcels used for residential and related purposes shall be screened in accordance with the requirements of division (J)(4)(i) below.

(d) Applications for conditional use approval shall include:

1. A description of plans for transporting materials, products and equipment for the facility and provisions and assurances for the repair of any damages to road systems which may occur due to the proposed construction and subsequent operational activities;

2. A site plan drawn at an appropriate scale, showing all structures, parking, traffic circulation, landscaping, buffers, security features and other development elements;

3. An architectural plan drawn at an appropriate scale showing structural files and related architectural features of all contemplated structures;

4. Water supply, sewage disposal and site drainage plans prepared by a civil engineer;

5. A written description of the proposed scope of operations, including the estimated maximum number of shifts, employees and employment per shift;

6. A description of activity levels to include existing or proposed machinery, processes and products; specifications for the mechanisms and techniques used, or proposed to be used, in restricting the possible emission of any dangerous and objectionable elements; measurements of the amounts of rates of emission of any dangerous and objectionable elements; and the means to be employed to monitor all such operations;

7. Any additional pertinent data as may be required by the Zoning Officer, Planning Commission and Board of Township Supervisors; and

8. All state and municipal code requirements shall be met consistent with the primary use of the site and associated structures.

(4) The following shall govern the development and use of adjunct mining facilities such as bore holes and ventilating shafts required for, and used in conjunction with, underground coal mining operations to supply air and power, ventilate air or gas or remove water from coal mines. These regulations and requirements shall be applied as the primary basis for evaluating applications for conditional use adjunct facility authorizations in A-1 and I-1 Districts:

(a) A description of the character, timing and duration of the proposed operation, including plans showing the location of the site, all access routes from the public roads, area and extent of the proposed activity;

(b) The location and identity of ownership of all structures and land uses that may be affected by the proposed operation and measures that will be taken to protect all structures and land uses from adverse impacts from the proposed use;

(d) A description of plans for the transportation of materials and equipment to construct the facility and measures that will be taken to protect adjacent property and maintain all roads within the township that are used to transport materials and equipment and to repair any damages to the roads which may occur as a result;

(e) A description of how the proposed use and facility will meet all applicable local, state and federal laws and regulations concerning construction standards, sanitation, water supply and fire protection;

(f) A site plan of the proposed facility showing all structures, facilities accessways, fencing and screening provisions;

(g) The lot for a bore hole shall not be less than one-half acre and such bore hole shall not be located within 50 feet of any property line;

(h) Every ventilating shaft, including all structures intended to supply air or power to underground coal mines, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetative material and properly maintained;

(i) Fencing; buffer strip.

1. All uses shall be completely enclosed by a metal fence not less than six feet high, with the top portion above the height of six feet (above ground level) to be constructed of barbed wire or other material, with the entire fence being constructed in such a manner so as to prevent the entry onto the portion of the premises on which the use is situate by unauthorized persons, domestic animals or livestock.

2. For each use that is visible from any structure used for residential, cultural, social, educational, recreational, religious or similar purposes, there shall be a buffer strip of land planted and maintained for screening purposes. The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 12 months after commencement of operations in the area to be screened. The Board of Township Supervisors shall require that either new planting or alternative screening be provided if after 12 months the plant materials do not provide an opaque screen.

(j) No person shall cause or permit any steady-state sound to emanate from a property utilized for adjunct mining operations which exceeds the levels set forth below. Standards shall apply and sound measurements shall be taken within 25 feet of any building, located in any district (except the I-1 District) which is used primarily for human habitation, sleeping, cultural, social, educational, recreational, religious or similar activities. Suitable baffles shall be utilized to protect the adjacent properties from noise of exhaust fans consistent with the following requirements:

1. Maximum noise level at property line, 7:00 a.m. to 10:00 p.m.: 75 dBA; and

2. Maximum noise level at property line, 10:00 p.m. to 7:00 a.m.: 70 dBA.

(k) The applicant shall have acquired sufficient legal or equitable interest in the real property in which the site of the adjunct coal mining facility is located to provide a basis for seeking the use permits.

(K) Older adult daily home living facility.

(1) The services shall be provided in a family environment as opposed to an institutional structure or setting.

(2) No facility shall include business or professional offices, business activities, fraternal or social clubs, child care, hospitals, clinics or other such activities.

(3) The number of clients in any single facility shall be limited to no more than eight clients.

(4) Supervision shall be provided by responsible and appropriately qualified adults on duty on the premises at all times.

(5) No facility shall be located less than 2,500 lineal feet from any other group residential facility, child day-care facility or older adult daily living facility.

(6) In addition to normal residential requirements, sufficient off-street parking and dropoff/pickup areas shall be provided to accommodate all traffic associated with the facility.

(7) Obstruction-free accessways for emergency vehicles and services shall be provided.

(8) Signs shall be limited to identification boards, emblems or similar devices not to exceed four square feet in total area.

(9) All lighting shall be compatible with the standards and generally accepted uses prevailing in the immediate residential vicinity.

(10) A minimum of 500 square feet of usable indoor space shall be provided for use of facility clients and a minimum of 800 square feet of appropriate outdoor space shall be provided for passive recreation purposes. All lot, area and dimensional requirements of the zoning district shall apply to this use.

(11) All facilities shall comply with the current editions of the IBC National Fire Prevention Code and the CABO One- and Two-Family Dwelling Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act. Prior to issuing of a zoning permit, the facility shall be inspected by a representative of the local fire department to ascertain structure layout, fire escapes and other related information for use in emergency situations.

(12) A license or certification shall be obtained from the Pennsylvania Department of Aging under 6 Pa. Code Ch. 11, and other state or county agencies having jurisdiction, prior to the issuance of a certificate of occupancy.

(13) The applicant shall demonstrate to the Township Supervisors that the proposal for establishing such a facility satisfies a demonstrated need and will be conducted in a responsible manner without detriment to the surrounding properties. Further, the application shall be accompanied by an outline of services to be rendered to clients, including daily activity schedules, provisions for nutritionally balanced lunches and snacks, social interaction, health monitoring and other anticipated functions.

(14) Operations of the facility shall be limited to day-care and shall not include overnight accommodations for clients.

(15) The sponsor shall file annually with the Township Administrative Secretary/Treasurer and the Zoning Officer information certifying that the facility continues to adequately meet the conditions of the original approval. Changes of sponsorship or of any conditions of original approval shall constitute a new use and the full conditional use procedure for obtaining a new use shall be exercised.

(16) In considering a request for establishment of a facility under the provisions for conditional uses in the township, the Planning Commission may recommend, and the Township Supervisors may attach, any reasonable conditions and safeguards beyond those expressed in this chapter and other applicable codes duly enacted.

(17) Documentation shall be submitted which certifies approval of sewage disposal provisions by the Sewage Enforcement Officer, and certification shall be provided from competent sources that adequate water supply is available.

(L) Older adult daily living center.

(1) Older adult daily living centers shall be located only in commercial, public or semipublic institutional buildings, such as schools, churches, governmental or similar structures that meet all requirements specified by the Pennsylvania Department of Aging for such activities. Centers shall not be conducted in conjunction with single-family residential dwellings. When conducted on multi-family premises, all operations shall be completely separate and distinct from residential uses.

(2) Activities and functions shall be limited to those within the scope of the use as defined in this chapter and the criteria cited hereinbelow.

(3) Centers shall be limited to and conducted as specified by the standards and criteria enumerated by divisions (K)(4), (K)(6), (K)(7), (K)(11), (K)(12), (K)(13), (K)(14), (K)(15), (K)(16) and (K)(17) above.

(4) All lot, area and dimensional requirements of the zoning district shall apply to this use.

(M) Cellular communications antenna/tower.

(1) The application for conditional use shall include a development and operation plan. The following information, and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved, shall be included:

(a) A description of the character, timing and duration of the proposed construction, operation and use of the facility, including maps and plans showing the location of the site, all access routes from public roads, and the regional area to be influenced by the proposed activity and use;

(b) The location and identity of ownership of all structures and land uses that may reasonably be deemed to be affected by the proposed facility and operation, and measure that will be taken to protect all structures, inhabitants and land uses from adverse impacts from the proposed use;

(c) A description of plans for transportation of materials and equipment to construct the facility and provisions and assurances for the repair of any damages that may occur to road systems or property due to the proposed construction and subsequent activities;

(d) When applicable, the applicant shall have obtained from each appropriate state and federal regulatory agency or authority a permit issued in accordance with all applicable state and federal laws, directives and regulations for the proposed use;

(e) Complete plans of the proposed tower and all auxiliary structures and support facilities, including assurances, certified by qualified licensed engineers and/or architects, as to the integrity and safety of proposed site structures. The Township Supervisors may require independent studies and reviews of all such assurances. These shall be prepared by qualified professionals acceptable to both the developer and the governing body. The cost of all such studies and reviews shall be borne by the applicant in cases where issues develop over the need for, or the adequacy of, safety and compliance with this chapter;

(f) A site plan of the proposed facility showing all structures, facilities, accessways, fencing and screening provisions;

(g) Water supply, sewage disposal and site drainage plans prepared by a civil engineer; and

(h) A description of how the proposed use and facility will meet all applicable local, state and federal laws and regulations concerning construction standards, sanitation and sewage disposal, water supply and fire protection.

(2) The minimum site area for the facility shall be four contiguous acres.

(3) All structures shall be set back from site property lines a distance equal to or greater than their total height above ground level, notwithstanding any other provisions of this chapter.

(4) There shall be a building setback of at least 100 feet along the perimeter of the development tract and adjacent to all adjoining roads.

(5) The site, including all structures, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetative material and properly maintained.

(6) Suitable landscape screening or buffers shall be developed, if deemed necessary by the governing body of the township, to minimize visibility of outside storage or ground level operational functions if said activities are readily visible from adjoining properties used for residential purposes. Where required, a screen or buffer shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The governing body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.

(7) All uses shall be completely enclosed by a metal fence not less than six feet high, with the top portion above the height of six feet (above ground level) to be constructed of barbed wire or other material. The entire fence shall be constructed in a manner to prevent the entry onto the portion of the premises on which the use is situated by unauthorized persons, domestic animals or livestock.

(8) Provisions for all vehicular ingress and egress in conjunction with the site shall be approved by affected property owners and state and township officials to ensure public safety and the maintenance of unhindered and efficient traffic movements on adjacent road systems.

(9) All applicable parking, sign and other requirements of this chapter shall apply and must be documented as part of applications submitted for conditional use approvals.

(10) The applicant shall provide the written opinion of a qualified professional certifying the current cost of the dismantling and removal of the tower and associated facilities. The township, at its option, may secure the opinion of another professional to verify the accuracy of the figures submitted, and the applicant shall bear the cost of obtaining such opinion.

(a) As a condition of the issuance of the permit, applicant shall agree to dismantle and remove the tower and associated facilities promptly should its use ever be abandoned.

(b) The issuance of a permit for the erection of a tower shall be conditioned on the applicant’s posting of a surety bond guaranteeing the dismantling and removal of the tower should its use ever be abandoned. The amount of the bond shall be equal to 120% of the cost of removal of the tower. The amount of the bond shall be adjusted annually in accordance with the Consumer Price Index as published by the U.S. Department of Labor.

(11) No building permits shall be issued until after final approval of the application and the final approval and recording of the subdivision site plan.

(N) Mini-warehouse and self-storage units.

(1) The minimum site area required shall be two acres.

(2) The site shall have frontage on and direct vehicular access to an arterial or collector street as defined in § 152.015 of this code of ordinances.

(3) 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.

(4) All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.

(5) Parking shall be provided in accordance with the following:

(a) Two spaces for manager’s quarters, if any;

(b) One space for each 25 storage units, which spaces shall be located near the manager’s quarters or office to be used by prospective customers; and

(6) The perimeter of the site shall be fenced with 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.

(7) Maximum building height shall be 20 feet.

(8) Maximum length of any storage building shall be 200 feet.

(9) The minimum distance between storage buildings shall be 20 feet.

(10) Maximum lot coverage by all buildings shall be 60%.

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

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

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

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

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

(16) No sign shall be on the buildings or on their rooftops.

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

(2003 Code, § 170-13) (Ord. 2-93, passed 5-4-1993; Ord. 1-98, passed 3-3-1998; Ord. 2-98, passed 8-4-1998; Ord. 3-98, passed 10-6-1998; Ord. 1-2004, passed 6-7-2004; Ord. 1-2009, passed 1-22-2009)

§ 153.077 SPECIAL EXCEPTION PROVISIONS.

The following special exceptions may be authorized by the Zoning Hearing Board pursuant to the standards and criteria specified herewith.

(A) Conversion apartment.

(1) Each living unit shall contain a minimum of 400 square feet of gross floor area.

(2) Each living unit shall contain not less than one private bedroom and one additional habitable room in addition to separate and private kitchen and bathroom facilities.

(3) The Chief of the Township Fire Department, or designated agent thereof, shall inspect the premises to evaluate access, fire hazard potential, fire escape provisions, structural layout and adequacy of smoke and fire alarm devices.

(4) A maximum of two dwelling units shall be permitted in any single structure.

(5) Two off-street parking spaces shall be provided for each living unit.

(6) On-lot sewage disposal systems shall be inspected and certified by the Sewage Enforcement Officer as capable of meeting the demands of the additional dwelling unit.

(B) Bed-and-breakfast/tourist home.

(1) All rooms and related facilities provided for transient guests shall be normal integral components of the principal dwelling unit. The owner of the facility must reside

(2) No facilities, such as cooking accommodations or similar amenities, other than those provided for the normal use of the principal dwelling unit, shall be provided for transient guests.

(3) No more than three guest sleeping rooms shall be available or utilized concurrently for transient guests in any facility.

(4) The size of each individual guest sleeping room utilized for transient guests shall be a minimum of 100 square feet.

(5) Maximum occupancy shall not exceed eight guests.

(6) Service of meals shall be limited to overnight transient guests.

(7) Off-street parking spaces, as specified in §§ 153.200 through 153.204 of this chapter, shall be provided to the rear of the front building line and shall not be sited within any required front yard setback areas.

(8) Signs shall be limited as specified in §§ 153.180 through 153.189 of this chapter.

(9) Only normal residential yard and structure lighting appropriate for residential purposes shall be permitted.

(10) As part of the special exception process, the Chief of the Township Fire Department, or the designated agent thereof, shall inspect the premises to evaluate access and structural layout. No certificate of occupancy shall be issued prior to an inspection by such authority. The owner shall make the premises available for reinspection by township authorities at any reasonable time.

(11) Only members of the family in residence at the premises shall be engaged in the conduct of the bed-and-breakfast establishment.

(12) Overnight guests shall not occupy the facility for more than three consecutive nights in a 30-day period.

(1) The home occupation shall be carried on wholly within the principal or accessory structures.

(2) No more than 25% of the gross floor area of the principal dwelling used shall be devoted to the conduct of the home occupation.

(3) Articles not related to the permitted business shall not be sold on the premises.

(4) Exterior signs other than those permitted in § 153.182(A)(3) of this chapter shall not be permitted.

(5) Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 153.222 of this chapter.

(6) The use shall not significantly intensify vehicular or pedestrian traffic, which is normal for the residences in the neighborhood.

(7) The use shall not require internal or external alternations or construction features which are not customary to a dwelling or which change the fire rating of a structure.

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

(9) The use shall not significantly cause an increase in the use of water, sewage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

(10) The use shall not cause a negative impact on lot values in the immediate neighborhood.

(11) The home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises.

(12) 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, uses by conditional use or uses by special exception, including, but not limited to:

(a) Beauty shops or barber shops containing more than one chair;

(b) Clinics, hospitals or nursing homes;

(d) Mortuaries;

(e) Private clubs;

(f) Private instruction to more than three students at a time;

(g) Restaurants or tearooms;

(h) Stables;

(i) Tourist or boarding homes;

(j) Vehicle or equipment rental, repair or sales;

(k) Automotive repair and inspection garages, as defined by this chapter;

(l) Licensed day care centers;

(m) Butchers; and

(n) Nail and tanning salons.

(D) Vehicle service and inspection station.

(1) Purpose. The purpose of this division (D) is to provide for the health, safety and welfare of the residents of the township, through zoning for the reasonable development of land. Accordingly, it is necessary and appropriate to adopt reasonable requirements for special exceptions so that such uses are undertaken in a manner that is economically remunerative, preserves the character of the zoning district, encourages beneficial and compatible land uses and that minimizes the potential impact on the residents of the township.

(2) Definitions. The foregoing definition shall apply to this section only.

VEHICLE SERVICE AND INSPECTION STATION. A service station limited to routine maintenance of automobiles, vans and light-duty trucks and state inspection services.

(3) Zoning classification.

(a) A vehicle service and inspection station shall be permitted as a special exception within the Agricultural (A-1) District only by the process of submitting a special exception application.

(b) The applicant shall have the duty and the burden to prove compliance with the specific conditions set forth herein and by way of this division (D). Applicant shall bear the burden of persuasion to demonstrate that the proposed special exception will not have detrimental effects on the health, safety and welfare of township residents relative to any additional conditions.

(c) The proposed special exception: will be harmonious with and in accordance with the general objectives or with any specific objective of the township’s Comprehensive Plan; will be designed, constructed, operated and maintained in a commercially reasonable manner so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; will not be hazardous to existing neighboring uses; will be served adequately by essential facilities and services such as streets, drainage structures, refuse disposal, water and sewer; or the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services; will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; will have vehicular approaches to the property which shall be designed so as not to create undue interference with traffic on surrounding public thoroughfares; will not result in the destruction, loss or damage of a natural, scenic or historic feature of significant importance.

(4) Applicability. This division (D) applies to all vehicle service and inspection stations that will be constructed or operated after the effective date of this division (D) in the A-1 District. No vehicle service and inspection stations nor any work in preparation thereof in the A-1 District shall be commenced within the boundaries of the township unless and until the owner or operator makes special exception application in conformity with this division (D).

(5) Special exception permit requirement.

(a) No vehicle service and inspection station nor any addition thereto shall be constructed or located within the A-1 District of the township unless a special exception approval has been issued by the township’s Zoning Hearing Board to the owner or operator approving the construction or preparation of the site for a vehicle service and inspection station.

(b) The permit application, or amended permit application, shall be accompanied by a fee in the amount of $300 which may, from time to time, be amended by resolution. The applicant shall promptly pay any additional fees or costs incurred by the township that exceed this fee as allowable under the Pennsylvania Municipalities Planning Code.

(c) Any modification to an existing and permitted vehicle service and inspection station that materially alters the size, location or accessory equipment or structures, shall require a modification of the permit under this division (D).

(6) Special exception permit application.

(a) The applicant shall provide to the township’s Zoning Officer at the time of application:

1. A narrative describing an overview of the project including the number of acres to be involved, location, type and description of equipment and structures to be involved;

2. A location map of the site showing the approximate location of buildings, structures, parking areas, all permanent improvements to the site and any post construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment;

3. A detailed description of the hours of operation, number of employees and types of services to be provided;

4. A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery and other materials used in the operation of the vehicle service and inspection station as well as appropriate site distances for entry and exist routes; and

5. A soil erosion and sedimentation control plan, in conformance with the requirements of the County Conservation District, must be submitted along with obtaining a grading and excavating permit from the township and a stormwater best management practices agreement between the applicant and the township in accordance with township ordinances.

(b) Within 30 business days after receipt of a permit application and the required fee, the township will determine whether the application is complete and adequate and advise the applicant accordingly.

(c) If the application is complete, the Township Zoning Hearing Board shall schedule a public hearing in accordance with the Pennsylvania Municipalities Planning Code and shall, following hearing, render a decision on the application in accordance with this division (D).

(d) If the application is incomplete and/or inadequate, the Township’s Zoning Officer will promptly notify the applicant of the missing or inadequate material, in no event longer than 30 days from submittal of the application, and, upon receiving said material, the Administrative Secretary/Treasurer shall schedule a Zoning Hearing Board hearing in accordance with the Pennsylvania Municipalities Planning Code and shall, following hearing, render a decision on the application in accordance with this division (D).

(7) Installation and operation.

(a) The site must contain a minimum of three acres.

(b) Parking areas must be provided for a maximum of six total customer and employee vehicles. There shall be no overnight parking in the parking area.

(d) The garage shall be setback a minimum of 300 feet from side and rear lot lines. If no oil separator system is installed in the floor drain system, a holding tank with alarm must be installed for capturing the floor drains and records kept for the periodic emptying.

(e) No more than one nonresident (of the property) employee shall be employed at any given time.

(f) There shall be no exterior storage of parts and no visible exterior storage of used vehicle fluids. All such enclosed storage shall be equipped with secondary spill protection.

(g) At no time shall customer, employee or delivery vehicles be parked unattended on and township right-of-way.

(h) The Township Zoning Officer shall inspect the premises prior to the special use hearing and report to the Zoning Hearing Board. Thereafter the Zoning Officer shall inspect annually in order for the applicant to maintain its special exception permit. The applicant shall pay the approved fee for this annual inspection, which shall be set annually in the township’s fee resolution.

(i) The special exception permit is non-transferrable. Subsequent owner must apply for special exception approval to continue the operation as a vehicle service and inspection station.

(j) The sewage disposal for any restroom facilities required by law must be approved by the Sewage Enforcement Officer.

(k) Lighting: lighting at the site, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and nearby buildings within 300 feet of the vehicle service and inspection station.

(k) Noise: refer to § 153.222(C) for compliance standards.

(l) Dust and air pollution.

1. Vehicle service and inspection stations shall not create dust or pollute the air in violation of the Clean Air Act or any other local, state or federal regulation regarding air cleanliness or nuisances.

2. Applicants, owners and operators shall take the necessary safeguards to ensure appropriate dust control measures are in place.

3. The emissions of dust, smoke, refuse matter, odor, gas, fumes or similar substances or conditions which can endanger the health, safety or general welfare or which can cause any soiling or staining of persons or property at any point beyond the property line of the use creating the emission is prohibited. Dust control measures shall be used to stabilize soil from wind erosion and to reduce dust generated from site activities.

4. Applicants, owners or operators shall take all necessary precautions to minimize odors during the hours of operation of the vehicle service and inspection station. If odors resulting from the use or odors emanating from the site result in nuisance complaints being lodged by township residents, the owner or operator shall meet with the township and any affected residents to implement, where warranted and required by the township, effective odor control measures.

(2003 Code, § 170-14) (Ord. 2-93, passed 5-4-1993; Ord. 2-99, passed 9-7-1999; Ord. 1-2003, passed 6-3-2003; Ord. 2-2009, passed 2-1-2010; Ord. 01-2013, passed 2-4-2013) Penalty, see § 153.999

Lot, Area and Dimensional Requirements

(2003 Code, § 170-15) (Ord. 2-93, passed 5-4-1993; Ord. 1-98, passed 3-3-1998; Ord. 2-98, passed 8-4-1998; Ord. 3-98, passed 10-6-1998; Ord. 2-99, passed 9-7-1999; Ord. 1-2009, passed 1-22-2009; Ord. 2-2009, passed 2-1-2010; Ord. 01-2013, passed 2-4-2013)