Harrison Township Allegheny County
City Zoning Code
City Zoning Code
PART 4
STANDARDS AND CRITERIA FOR CONDITIONAL USES AND SPECIAL EXCEPTIONS
§ 401 General.
[Ord. 1944, 11/23/2009]
Conditional uses as specified in Part 2 may be allowed or denied by the Township Board of Commissioners after recommendations by the Planning Commission in accordance with the criteria and provisions of this Part.
§ 402 Application to Officer.
[Ord. 1944, 11/23/2009]
Applications for conditional uses will be filed with the Zoning Officer and shall be accompanied by:
1.
An application fee in an amount equal to that set by resolution of the Township Board of Commissioners.
2.
Fifteen copies of a site plan and supporting data which shows the size, location, and topography of the site, the use of adjacent land, the proposed size, bulk, use and location of buildings; the location and proposed function of all yards, open spaces, parking areas, driveways, storage areas and accessory structures; the location of all utilities; the provisions for parking, moving or loading of vehicles; and the timing of construction proposed.
§ 403 Application to Commissioners.
[Ord. 1944, 11/23/2009]
The Zoning Officer shall forward copies of the application to the Township Board of Commissioners and to the Planning Commission for review and approval. Applications which are materially incomplete may be returned, with the application fee, to the applicant by the Zoning Officer.
1.
The application shall be forwarded to the Planning Commission for review at its next scheduled meeting. The Planning Commission shall issue a recommendation to the Board of Commissioners immediately following its next scheduled meeting.
2.
The Board of Commissioners shall commence a public hearing on the application within 60 days after the applicant files a written request for a hearing on the application. The Board of Commissioners shall, within 45 days after the last hearing before it, decide the application in accordance with the applicable provisions of the Pennsylvania Municipalities Planning Code. If an application is not approved as submitted, the same or substantially similar plan cannot be resubmitted for 12 months from the decision date.
§ 404 Criteria for Approval.
[Ord. 1944, 11/23/2009]
A conditional use shall be approved if and only if it is found to meet the following criteria:
1.
The proposed use conforms to the district and conditional use provisions and all general regulations of this Chapter.
2.
The proposed use meets all special standards which may apply to its class of conditional uses as set forth in this Part.
3.
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 27-405.
4.
The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
5.
The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
6.
The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
7.
The proposed use shall preserve the objectives of this Chapter and shall be consistent with the comprehensive plan for Harrison Township.
§ 405 Performance Standards.
[Ord. 1944, 11/23/2009]
All conditional uses shall comply with the requirements of this Section. In order to determine whether a proposed use will conform to the requirements of this Chapter, the Township Board of Commissioners may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant.
1.
Fire Protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
2.
Electrical Disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
3.
Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
4.
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
5.
Odors. No malodorous gas or matter shall be permitted that is discernable on any adjoining lot or property.
6.
Air Pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted that is harmful to health, animals, vegetation or other property.
7.
Glare. Lighting devices that produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
8.
Erosion. No erosion by wind or water that will carry objectionable substances onto neighboring properties shall be permitted.
9.
Water pollution. Water pollution shall be subject to the standards established by the State Sanitary Water Board.
§ 406 Performance Standards for Deep Mining of Coal.
[Ord. 1944, 11/23/2009]
In addition to compliance with all other applicable sections of this Chapter, the deep mining of coal pursuant to § 205 must meet the following requirements as a continuing condition for approval:
1.
Such use shall not involve any element or cause any condition that may be deemed hazardous to the public health or safety.
2.
Such use shall not injure or detract from the lawful existing or permitted use of neighboring properties.
3.
Such use may not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the Township.
4.
Such use must demonstrate compliance with all applicable State regulations at all times.
5.
Such use may not adversely affect any public or private water supply source.
6.
The applicant will provide a letter indicating that a public or private source will provide the water needed. The applicant shall submit an analysis of raw water needs from either private or public sources, indicating the quantity of water required. The application shall also provide proof of approval from and/or compliance with the regulations of the Pennsylvania Department of Environmental Protection and all other pertinent agencies regarding water supply and use.
7.
The hours of operation for this use will be limited to 7:00 a.m. to 7:00 p.m.
8.
Such use shall not result in the land area subject to mining being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the mining operation. The applicant shall demonstrate compliance with Section 7(c) of the Pennsylvania Act No. 1984-219, as may be amended. The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide a written notification to the Township, within 30 days, whenever a change in the reclamation plan is proposed to the PA DEP.
9.
Such use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
10.
As part of each application, the applicant shall furnish an accurately surveyed site plan on a scale of no less than one inch equals 200 feet, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
A.
The boundaries of the proposed land affected, together with the drainage area above and below the area.
B.
The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area.
C.
The location of all buildings within 1,000 feet of the outer perimeter of the area affected, and the names and addresses of the owners and present occupants.
D.
The purpose for which each building is used.
E.
The name of the owner of the affected area and the names of adjacent landowners, the municipality, and the county.
11.
Where the proposed use adjoins a residential zone, an existing residence and/or a public road, screening shall be provided. Such screening shall be comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the mining site and placed so as to maximize the berm's ability to absorb and/or block views of the noise, dust, smoke, etc., generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. In addition, a landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen with a strip of land with a minimum width of 10 feet. The high-level screen shall consist of evergreen shrubs of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The landscape screen shall be permanently maintained;
12.
Fencing. A fence measuring at least eight feet in height must enclose the area of actual mining. If a chain-link fence is used, then said fence shall include a vegetative screen that is provided along the outside of the fence, away from the mining operation.
13.
Setback. The following table identifies minimum setbacks imposed upon specific features of the mining use from adjoining and/or nearby uses:
Mining Related Feature | Existing Residence (feet) | Existing Non- residential Building (feet) | Village or Residential Zones (feet) | Adjoining Roads (feet) | Public/ Non- profit Park (feet) | Cemetery or Stream Bank (feet) | Adjoining Property (feet) |
|---|---|---|---|---|---|---|---|
Stockpiles or spoil piles | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
Mineral processing equipment (e.g., rushers, sorters, conveyors, dryers, etc.) | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
Quarry pit, mine shafts or other working areas of the use | 500 | 300 | 1,000 | 100 | 300 | 500 | 300 |
On-site access roads and off-street parking, loading and vehicle storage and weighing facilities | 300 | 300 | 500 | 100 | 300 | 100 | 100 |
Other operational equipment, structures and/or improvements | 300 | 300 | 500 | 100 | 300 | 100 | 100 |
14.
The proposed use shall be operated in such a way as not to unduly contribute to traffic congestion in the immediate area.
15.
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads.
A.
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a two-hundred-foot-long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
B.
Traffic Impact. The applicant shall furnish a traffic impact report prepared by a professional engineer.
16.
All Township administrative, engineering and inspection costs in connection with coal mining must be reimbursed by the applicant. An up-front deposit, in an amount estimated by the Township Engineer to cover review and inspection fees, is required and additional deposits and payments will be required where the fees exceed the amount of the initial deposit.
17.
Operations Progress Report. Within 90 days after commencement of mining operations, and each year thereafter, the operator shall file an operations progress report with the Zoning Officer setting forth all of the following:
A.
The name or number of the operation.
B.
The location of the operation with reference to the nearest public road.
C.
A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, quarry pits, etc.
D.
The name and address of the landowner or his duly authorized representative.
E.
An annual report of the type and quantity of mineral produced.
F.
The current status of the reclamation work performed in pursuance of the approved reclamation plan;
G.
A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.
H.
Verification that the proposed use continues to comply with all applicable State regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PA DEP.
18.
Each applicant shall be required to present an environmental impact statement as a part of the application, outlining the steps contemplated by the applicant to uphold the esthetic values of the area of the mine opening and access road and appurtenant structures, including planting of trees and shrubbery, facing of buildings, terracing of slopes, etc. Each applicant to whom or which a zoning certificate is issued shall be required to adhere to the environmental representations so made, and failure to do so shall be deemed a violation of this Chapter.
19.
Each person, partnership or corporation conducting a deep mining operation in this Township shall conduct such operation in conformity with all safeguards and safety regulations imposed by the Federal Bureau of Mines and the Pennsylvania Department of Mines and shall take all reasonable precautions to avoid excess noise, dust and other adverse effects.
20.
The minimum lot area shall be 100 acres.
§ 407 Industrial Park Regulations.
[Ord. 1944, 11/23/2009]
1.
Uses permitted.
A.
The purpose of the industrial park is to provide space for the establishment of light manufacturing facilities. These uses would include the manufacturing uses described in this Chapter and would generally and shall generally include all manufacturing uses that meet the performance standards set forth in § 405 of this Chapter.
B.
In addition, permitted uses may include research laboratories, offices, warehousing, wholesale distributors and public utility buildings, provided that each of said specific uses within such categories meet the above-cited performance requirements set forth in § 405 of this Chapter.
C.
Prohibited uses include any which do not meet the performance standards set forth in § 405 of this Zoning Chapter; all residential uses; retail stores; personal service shops; gas stations, automobile repair or sales; supply yards; and truck terminals.
2.
Lot Size.
A.
No lot shall be less than one acre, and the lot size shall not be less than three times the ground floor area of the building contemplated at the time of purchase. This ratio will allow for some expansion of the building when subsequent growth of the manufacturing facility increases space requirements. The final ratio of land to building shall not exceed 2:1.
3.
Required Front Yard.
A.
All buildings and structures must be set back at least 50 feet from the right-of-way line. The front yard may be used for off-street parking for guests and executives, access drives, or walks, and landscaping.
4.
Side Yards.
A.
The sum of both side yards shall not be less than 40 feet, and the minimum of either side yard may not be less than 10 feet. No structure, parking space or access road may be closer than 10 feet to any abutting property line.
B.
Where side yards abut residential zones, there shall be a minimum side yard of 70 feet, and no structure, parking space or access road may be closer than 20 feet to any abutting property line.
5.
Rear Yards.
A.
The rear yards shall not be less than 50 feet. No structure shall be permitted in the rear yard, but access drives and parking spaces may be installed up to 10 feet from the rear yard line. Where rear yards abut residential zones, there shall be a minimum yard of 70 feet, and no structures, access roads, or parking spaces may be within 20 feet of any abutting property line.
6.
Building Heights.
A.
Buildings having a height of greater than 45 feet must obtain a variance from the Harrison Township Zoning Hearing Board. Variances may be granted if an additional foot of setback over the minimum required setback is provided for each additional foot of height. Variances may also be granted for special structural appendages, such as chimneys, elevator lofts, water tanks, cooling towers and the like.
7.
Off-Street Loading Berths.
A.
Off-street loading berths must be provided in accordance with the zoning requirements of this Chapter and must be located on the side of or to the rear of the building. All access drives and truck maneuvering space must be within the required side yard limitations.
8.
Storage Areas.
A.
Outdoor storage of material and equipment will not be permitted except in areas which do not front on the streets and only if such areas are enclosed or screened by a wall or by dense evergreen plantings.
9.
Waste Disposal.
A.
Exterior storage of refuse will not be permitted except in an area which is totally enclosed or screened from view from streets and adjacent properties, in containers stacked in a neat and orderly manner, and not allowed to accumulate for more than 10 days.
10.
Signs.
A.
A sign will be permitted on the face or roof of a building, but it shall not be higher than the roofline. Entrance signs not exceeding 35 square feet will be permitted, in addition to the sign on the building. Signs must be harmonious with the architectural appearance of the building and must comply with § 304 of this Chapter.
11.
Structural Materials.
A.
Exterior walls of the buildings must be of a pleasing and harmonious appearance. Such walls must be faced with brick or material other than brick that furthers the objective of achieving a high-quality and pleasing development.
§ 408 Special Standards for Certain Conditional Uses and Special Exceptions.
[Ord. 1944, 11/23/2009; Ord. 1946, 9/27/2010; Ord. 1951, 9/22/2011; Ord. 1953, 9/22/2011; Ord. 1976, 1/22/2015; Ord. No. 2013, 1/24/2022]
The following are special standards for particular conditional uses which must be met in addition to any other applicable standards:
1.
Affiliated Boarding Facility.
A.
Affiliated boarding facilities must be located on or adjacent to a parcel of land upon which is erected a church or other similar religious institution, the church or other similar religious institution to be the owner, in fee simple, of the land upon which the affiliated boarding facilities are erected and, in addition, it must be the owner and operator of the affiliated boarding facilities.
B.
The management, administration and operation of the affiliated boarding facilities shall be the responsibility of and subject to the exclusive control of the church or other similar religious institution which owns the land upon which such affiliated boarding facilities are located.
C.
The maximum number of residents permitted in any one affiliated boarding facility, at any one time, shall not exceed 40.
D.
In the event that the entity which is originally granted a conditional use under the provisions of this Chapter shall cease to either be the owner of the land on which the affiliated boarding facility is situated or if it ceases to manage, administer or control its operation, then the right to a conditional use shall immediately cease and all operations conducted on the premises shall be properly terminated, nor shall the use of the land be thereafter considered as a nonconforming use.
E.
Affiliated boarding facilities shall also be required to conform to the standards set forth in § 408.1 of this Chapter.
2.
Airport or Aircraft Landing Area.
A.
The conditional use application shall show the following information:
(1)
The approximate location, use and height of all structures within 2,600 lineal feet of the ends of landing strips and within 1,200 lineal feet of the side of landing strips.
(2)
The exact location of landing strips and the use and height of structures on the immediate property.
(3)
The anticipated types of aircraft to be accommodated and the volume of activity contemplated.
(4)
Plans for lighting and fuel handling.
(5)
Copies of required approvals from all State and Federal agencies responsible for regulation of aircraft and aircraft facility operations.
B.
Lighting shall be shielded away from adjacent properties and streets.
C.
The applicant shall submit a report from a reputable acoustic or aviation consultant showing the computer prediction model developed by the FAA referred to in 14 CFR Part 150, § A150.103.
D.
The applicant shall submit proof of ownership of liability insurance in an amount not less than $5,000,000 for any one accident or occurrence.
E.
No takeoffs or landings shall occur between the hours of 9:00 p.m. and 6:00 a.m.
3.
Amusement Arcade, subject to:
A.
All activities shall take place within a completely enclosed building;
B.
The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the arcade.
C.
A minimum of one parking space for each 80 square feet of gross leaseable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the requirements of this Chapter.
D.
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
4.
Automobile Dealership.
A.
This conditional use shall permit a tract of land ("land"), located within the prescribed distance, as further defined in subsection B below, of the Allegheny Valley Expressway, also known as State Route 28 ("expressway"), to be occupied and used as a new automobile dealership, as such term is commonly used ("dealership"). Land which is proposed for such use and occupancy shall be located as close as possible to the expressway in order to minimize the degree to which large vehicles used in the delivery of automobiles as well as the high volume of traffic incidental to the operation of a dealership utilize the streets and roads of the Township, this in order to minimize damage to Township streets and roads, as well as minimize traffic hazards that may arise from this type of business operation.
B.
A dealership shall only be constructed and operated on land, the nearest part of which shall be located within 1,000 yards of an exit or entrance ramp of the expressway, as same is defined by the Pennsylvania Department of Highways.
C.
The land shall contain a minimum of eight acres, and the entire parcel of land, irrespective of its size, shall only be utilized by and for the operation of the dealership and it shall not be subdivided so long as any part of the land is used, to any extent, in the operation of the dealership.
D.
No part of any building erected upon the land shall be placed within 100 feet of any adjacent tract of land zoned R-1, R-2 or R-3 nor shall any vehicles be parked or stored on the land within 75 feet of any such adjacent area.
E.
All lot and yard dimensional requirements which are applicable to B-1 Districts shall also be applicable to this conditional use, unless more restrictive requirements are imposed by this Chapter, in which case the the more restrictive requirements shall apply.
F.
All areas of the land on which any vehicles are displayed or parked for any reason shall be hard-surfaced, and all such areas shall have curb guards or bumper guards installed surrounding the outside perimeter of such area.
G.
No series of lights, flashers or any other similar types of electrical fixture, nor any flags, other than those of the United States and the Commonwealth of Pennsylvania, shall be installed on any part of the land.
H.
No vehicles shall be repaired on the land unless such repairs are accomplished within a building, nor shall any damaged vehicles be stored, other than in a building, for more than 15 days.
I.
All sales activities and vehicle repairs conducted on the land and all the deliveries of vehicles to the land shall only take place between the hours of 7:30 a.m. and 9:30 p.m., prevailing time, Monday through Friday, and 8:00 a.m. to 6:00 p.m., prevailing time, on Saturday.
J.
All boundary lines of the land which are in common with the boundary lines of land zoned R-1, R-2 or R-3 shall have a buffer zone established thereon and adjacent thereto, this in accordance with the following minimum standards:
(1)
All plantings used to create a buffer zone shall consist of a mixture of evergreen and deciduous trees, shrubs and bushes.
(2)
The buffer zone shall be at least 30 feet in depth measured inwardly from the boundary line between the land and the adjacent residential land.
(3)
All plantings shall be planted 10 feet on center and be at least four feet high when planted, achieve a minimum height of 10 feet within five years of planting, and then be maintained at a minimum height of 10 feet.
(4)
All plantings shall be replaced, as necessary, in order to continually maintain the proper appearance and function of the buffer zone.
(5)
In the event a required buffer zone cannot be established due to adverse weather conditions, occupancy of the land by the dealership may still be permitted, provided the occupant posts sufficient financial security with the Township to insure the installation of the required buffer zone once weather permits, the amount of such security to be as estimated by the Township Engineer.
(6)
All road testing of vehicles, whether such vehicles are being tested as part of a sales presentation or for purposes of repair, shall only be permitted by the utilizing of the most direct route from the dealership to the expressway, all such road testing only being permitted on Township streets or roads for compelling reasons.
4.1. | Automobile Dealership in the M-1 District. Automobile dealerships shall be permitted as a conditional use in the M-1 District under the same terms, conditions requirements and restrictions as contained in § 408.4, excepting that the provisions contained in § 408.4A and B (concerning expressways), § 408.4J (concerning buffer zones) and § 408.4K (concerning vehicle testing) are inapplicable. |
5.
Automobile Salvage.
A.
Adequate steps shall be taken to protect against various pollutants, such as ethylene, glycol, petroleum derivatives, and battery acid leaking from vehicles into groundwater or surface runoff.
B.
Adequate security shall be furnished, through fencing and/or security personnel, to keep trespassers out of the salvage yard.
C.
All vehicles or vehicle parts must be located at least 100 feet from any adjoining property in a residential, conservation or business district.
D.
Landscaping shall be provided in compliance with the landscaping guidelines.
6.
Bed and Breakfast, subject to:
A.
The operator shall be a full-time resident of the dwelling in which the bed and breakfast is located.
B.
Bed and breakfasts shall only be permitted within single-family dwellings.
C.
Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character.
D.
As per the Labor and Industry Code governing bed and breakfasts, all floors shall have a minimum of one exit that is kept free of obstacles.
E.
Parking shall be provided in accordance with this Chapter.
F.
One identification sign shall be permitted, and such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet, the height of the freestanding sign shall not exceed four feet and the freestanding sign is located at least five feet from any property line.
H.
Meals shall be offered only to registered overnight guests.
I.
The applicant shall furnish proof of any needed approvals from the Pennsylvania Department of Labor and Industry.
J.
In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.
K.
Off-street parking shall not be located in any required front or side yard. Parking located in the rear yard shall be screened from adjoining residential properties by a compact six-foot-high evergreen hedge.
L.
Maximum stay of guests shall be no more than seven consecutive nights nor more than 14 nights in a calendar year.
7.
Boardinghouses, subject to:
A.
Maximum number of boarders per house shall be two.
B.
The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.
C.
All floors above and/or below grade shall have a permanently affixed direct means of escape to ground level.
D.
Parking shall be provided in accordance with this Chapter.
E.
One sign, not to exceed 12 square feet, shall be permitted.
F.
The applicant shall furnish proof of any needed approvals from the Pennsylvania Department of Labor and Industry.
8.
Car Wash, subject to:
A.
All automated washing facilities shall be in a completely enclosed building, as defined by this Chapter. All other car washing facilities shall be under a roofed structure that has at least two walls.
B.
Coin-operated self-service establishments shall have an operator on duty at all times when the facility is open for business.
C.
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.
D.
The facility shall be connected to public sanitary and storm sewers.
E.
Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.
F.
Gray water recycling is mandatory.
G.
For automatic and self-service car washes, each washing bay shall provide a minimum one-hundred-foot-long on-site stacking lane in the rear yard which precedes the washing process. For full service car washes, such on-site stacking shall be a minimum of 300 feet per lane.
H.
For full service car washes, a post-washing drying area shall be provided for no fewer than six vehicles per washing lane.
I.
All structures housing washing apparatuses shall have the following minimum setbacks: 15 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line.
J.
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris;
K.
The subject property shall front on an arterial or collector road.
L.
Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
M.
The applicant shall demonstrate adequate provision for the collection and disposal of greases and wastes.
9.
Cemetery, subject to:
A.
A minimum site of 10 acres is required.
B.
A drainage plan shall be submitted with the application for the use, showing existing and proposed runoff characteristics.
C.
A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.
D.
Plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.
E.
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B" per § 314 of this Chapter.
F.
All maintenance equipment shall be properly stored in an enclosed building when not in use.
G.
In-ground burial sites shall comply with the setbacks required for principal structures in the zoning district. All mausoleums, chapels and other structures shall not be located within 100 feet of any property line adjoining residential use or zoning district classification contained in § 314 of this Chapter.
10.
Child-Care Facilities, Boardinghouses, Domiciliary Homes, Halfway Houses, Long-Term Care Facilities, Group Homes and Personal Care Facilities.
A.
Application for such facilities shall be accompanied by all certificates, licenses, approvals or other documents required by any governmental unit or agency having jurisdiction to issue same when it is possible to obtain such documents prior to conditional use approval. When it is not possible to obtain such certificates, licenses, approvals or other documents prior to conditional use approval, the application shall so state and the application shall be processed. However, in such cases, the grant of a conditional use shall be conditioned upon all necessary certificates, licenses, approvals or other documents being granted.
B.
Supervision and staff shall be provided by adults qualified by training and experience to render the services to be offered.
C.
Supervision and staff shall be provided on a twenty-four-hour-a-day basis.
D.
The minimum number of commissioners and staff required to be provided shall be determined by the Board of Commissioners as a condition of approval of the use.
E.
The operator of the facility shall provide the Township Zoning Officer with a resume identifying each supervisor and staff member beginning work at the premises.
F.
Applications shall be accompanied by a statement setting forth in detail:
(1)
A description of the facility's residents and a list of those residents with current driver's licenses.
(2)
A description of the care and supervision to be provided.
(3)
A policy and procedure for receiving and promptly acting upon complaints from persons in the neighborhood in which the home is located.
G.
The Board of Commissioners shall approve a conditional use for such facility only after a finding that the plans and programs for the management of the facility are adequate to protect the health, safety and welfare of the persons served by the facility and the residents of the neighborhood in which the facility is located.
H.
When a facility involves child care, the operator shall comply with Act 244 of 1984, as amended, and provide the Township Chief of Police with proof of compliance.
J.
The operator of a facility shall file annually with the Township Secretary a reporting detailing the use of the home and compliance with all applicable laws and regulations, including this Section.
11.
Churches, Schools, Fire and Emergency Medical Services and Public Buildings, subject to:
A.
The minimum lot area required for a secondary or post secondary school shall be 10 acres. The minimum lot area required for all other uses shall be two acres.
B.
If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.
C.
A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided that all requirements of this Chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.
D.
All uses shall be landscaped along any property line adjoining single-family use or zoning district classification by Buffer Area "B," as defined by § 314 of this Chapter.
E.
Ingress and egress to and from police, fire and emergency medical services shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.
F.
Fire and emergency medical services, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
G.
If a fire station includes a rental hall or banquet facilities; the following criteria shall be met:
(1)
Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.
(2)
Off-street parking for the facility or rental hall shall be provided in accordance with the requirements for restaurants.
(3)
Activities on the site and within the building shall comply with the noise standards specified in this Chapter.
(4)
If entertainment is presented, doors and windows shall remain closed during any entertainment involving a speaker system and/or amplification.
(5)
Parking areas adjoining residential use or zoning classifications shall be screened by Buffer Area "C," as defined in § 314.
H.
All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment.
I.
All outside storage shall be completely enclosed by a six-foot-high hedge or solid fence.
J.
The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.
12.
Clinic, subject to:
A.
The minimum lot area for a clinic shall be two acres.
B.
Facilities and equipment to support overnight boarding shall not be permitted.
C.
If emergency care is provided, access for emergency traffic shall be clearly distinguished and provided so that no parking or circulation of visitor or employee traffic blocks such access.
D.
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot to the maximum extent feasible.
E.
Signage shall be limited to placement within the portion of the lot abutting the public street. Signage for the clinic use shall be oriented primarily toward the public street and not toward surrounding residential lots. No pole signs shall be permitted. No sign shall exceed six square feet in area.
13.
Club, subject to:
A.
Any establishment that includes a restaurant shall further be subject to the off-street parking requirements of this Chapter for the portion of the building devoted to restaurant use.
B.
Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.
C.
Activities on the site and within the building shall comply with the noise standards specified in § 405 of this Chapter.
D.
All off-street parking that adjoins residential zoning classifications shall be screened by a Buffer Area "C" as defined by § 314 of this Chapter.
14.
Commercial Day-Care Facilities - Adult.
A.
An outdoor recreation area shall be provided to allow a safe and reasonably sized area for walking and other passive outdoor recreation on the premises. Outdoor recreation areas shall not be located on off-street parking areas or solely in the front yard. Outdoor recreation areas shall be screened from adjoining properties by a year-round vegetative screen or by a fence at least four feet high.
B.
Passenger dropoff and pickup shall take place on the premises. On-site parking shall be supplied at the rate of one space for each staff member or employee who works at a particular location.
C.
No overnight accommodation of day-care patrons shall be provided.
15.
Commercial Recreation Facilities, subject to:
A.
Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties;
B.
Structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy.
C.
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
D.
Required parking will be determined based upon a combination of the types of activities proposed and the parking provisions of this Chapter.
E.
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (e.g., roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads.
F.
If, at any time after the opening of the commercial recreation facility, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Township can require the applicant to revise means of access to relieve the undue congestion.
16.
Commercial School, subject to:
A.
There shall be provided a minimum of one point of ingress and egress to a collector or arterial road. For the purpose of this Section, a collector road is defined as a public street which, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities, business areas and arterial roads.
B.
Arterial roads are defined as public streets which serve large volumes of traffic, including particularly high-speed traffic and long-distance traffic moving through the Township. Collector and arterial roads are distinguished from local roads in that local roads are intended primarily to permit direct access to abutting properties in residential areas and to provide a connection from those properties to collector or arterial streets. Local streets are not designed primarily to service through traffic.
17.
Communications Towers. An application for this use must meet the criteria at § 312, in addition to the requirements of this Part 4.
18.
Country Club, subject to:
A.
Golf courses and golf or country clubs shall have a minimum site of 20 acres; driving ranges and putting courses shall have a minimum site of five acres.
B.
Clubhouses shall be located at least 100 feet from any property line adjoining property in any R Residential Zoning District and at least 50 feet from all other property lines.
C.
The clubhouse and all parking areas shall be screened from any adjoining residential property by Buffer Area "B", as defined in § 314 of this Chapter.
D.
Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.
E.
Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.
F.
Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.
G.
Any driving range that is proposed to be illuminated shall provide a photometric plan and cross-sections showing impacts on adjoining properties and shall be subject to testing after installation to show compliance with the approved photometric plan.
H.
The backstop for any driving range shall be buffered from adjacent residential properties using a combination of landscaping, earthen mounding and materials to minimize the visual impact.
19.
Day-Care Centers, including Day-Care Center or Preschool Facility in a Church or School.
A.
Applications for such conditional uses shall be accompanied by a certificate, licenses, approvals or other documents required by any governmental unit or agency having jurisdiction to issue same when it is possible to obtain those instruments prior to conditional use approval. When it is not possible to obtain such certificates, licenses, approvals or other documents prior to conditional use approval, the application shall so state and the application shall be processed. However, in such cases, the grant of a conditional use shall be conditioned upon all necessary certificates, licenses, approvals or other documents being granted.
B.
The operator of the facility shall provide the Township Zoning Officer with a resume identifying each supervisor and staff member and their occupational experience and training prior to any supervisor or staff member beginning work at the premises.
C.
The application shall be accompanied by a statement setting forth in detail:
D.
On-site parking shall be provided at the ratio of one stall for each teacher, staff member or employee of the center.
E.
A safe on-site passenger loading and unloading area shall be provided, located off the street and of sufficient size to handle peak traffic loads such that vehicles waiting to discharge or pick up students of the center will not form lines extending onto a public street.
F.
Sufficient recreation areas shall be provided so that students need not use public or other private property for outdoor recreation.
G.
Outdoor play areas shall be provided, which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with a self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties. There shall be no potential safety hazards in the outdoor play area.
H.
When a facility involves child care, the operator shall comply with Act 244 of 1984, as amended, and provide the Township Chief of Police with proof of compliance.
20.
Dwelling Unit in Accessory Garage, subject to:
A.
Dwelling units shall have a minimum habitable floor area of 500 square feet.
B.
Dwelling units in garage basements shall not be permitted.
C.
Each dwelling unit shall have a separate entrance that does not require passing through any area devoted to office or retail use or any other dwelling unit.
D.
Accessory dwellings may be authorized only in the residential districts when the applicant can demonstrate a need to house domestic employees of the residents of the principal building.
E.
The accessory dwelling shall not be conveyed unless a subdivision is recorded that complies with all applicable requirements of this Chapter and the Township Subdivision and Land Development Ordinance creating a separate lot for the dwelling.
F.
Two off-street parking spaces shall be provided for each dwelling unit.
21.
Eating and Drinking Places.
A.
If off-street parking is located on a parcel that contains a building, the parking shall be located in the rear or side yards.
B.
Outdoor dining is prohibited within a public right-of-way and is restricted to the hours of 8:00 a.m. to 12:00 to midnight.
C.
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
D.
Any exterior seating area shall be completely enclosed by a minimum three-foot-high fence.
E.
If the eating and drinking place will serve alcohol, the establishment must receive a liquor license from the Pennsylvania Liquor Control Board and no more that 33% of the establishment's gross receipts may be derived from the sale of alcoholic beverages.
(1)
The conditional use application must contain a projection of gross receipts resulting from sales of food, alcoholic beverages and other products or services.
(2)
The grant of a conditional use approval shall be conditioned upon continuing compliance with the sales percentage set forth herein.
(3)
No later than January 31 of each year, the establishment shall submit an itemized breakdown of sales from the previous year to the Zoning Officer, designating the amounts and percentages of sales derived from food, alcoholic beverages and other sources. This itemized breakdown must be certified to be accurate by the establishment's chief officer and notarized. This information may be used by the Zoning Officer to judge compliance with the requirements of this Section.
(4)
The establishment must have bona fide full-service kitchen facilities and equipment suitable for preparing, cooking and serving meals. A place that serves only sandwiches made elsewhere and heated up on the premises or only snack foods, or both, is not considered to have bona fide kitchen facilities and equipment as required herein.
22.
Facilities Offering Residence to Persons Found to be Criminals, Delinquents, Drug or Alcohol Abusers, or Others Potentially Dangerous to Society.
A.
The standards in this subsection shall apply to the following facilities: domiciliary homes, long-term care facilities, group homes, personal care facilities, private schools, or child care facilities.
B.
Whenever persons are accepted into residence in a facility described in § 408.22A by virtue of having been found by any government tribunal, court or agency to be guilty of a criminal offense or to be a delinquent, drug or alcohol abuser of otherwise a danger to society or because they are released from or under the jurisdiction of a government bureau of convictions or similar institution, the facility shall meet, in addition to any other requirements imposed by this Part, the following standards:
(1)
All buildings in which such persons reside shall be located at least 100 feet from all adjoining properties and at least 1/4 mile from any similar facility.
(2)
The facility shall have on duty 24 hours a day at least one security guard certified under the Lethal Weapons Training Act or employed by an agency licensed under the Private Detectives Act of 1953, and shall take other measures as may be necessary for adequate security.
(3)
The facility shall be entirely enclosed by a fence six feet high and built in accordance with the fence criteria set forth at § 311 of this Chapter.
(4)
The minimum lot size for such a facility shall be one acre.
(5)
The facility shall be entirely owned and operated by and only by the Commonwealth of Pennsylvania or the County of Allegheny.
C.
Whenever the majority of the students at a private school fall into any of the categories described in § 408.22B, such school shall also meet all of the requirements set forth in § 408.10 of this Chapter.
23.
Funeral Homes.
A.
All lot and yard dimensional requirements which are applicable to R-3 Districts shall also be applicable to this conditional use, unless more restrictive requirements are imposed by this Chapter, in which case the more restrictive requirements shall apply.
B.
The main building shall be located not nearer than 100 feet to the property in an R-1 or R-2 District.
C.
There shall be no crematory on the property.
D.
There shall be no preparation or display of merchandise visible from outside the main or accessory building.
E.
No loading or unloading of merchandise or bodies of deceased persons shall occur on public property.
F.
The property shall provide sufficient ingress and egress such that the funeral home and funeral processions are conducted in such a way as not to unduly contribute to traffic congestion in the immediate area.
G.
No parking or standing of motor vehicles appurtenant to the funeral home business shall occur on adjoining streets other than passenger automobiles when funeral processions are being organized.
H.
All off-street parking requirements which are applicable to funeral homes shall apply.
I.
All lighting shall be designed to avoid undue glare to abutting residences. Vehicular routing on the premises shall be arranged to the fullest extent possible so as to avoid undue glare from vehicle its headlights onto abutting residences.
J.
The Board of Commissioners may, in its discretion, impose a buffering requirement to protect adjacent residential properties, such buffering to include any or all of the following requirements.
(1)
All plantings used to create a buffer zone shall consist of a mixture of evergreen and deciduous trees, shrubs and bushes.
(2)
The buffer zone shall be at least 30 feet in depth measured inwardly from the boundary line between the land and any adjacent residential land.
(3)
All plantings shall be at least four feet high and be planted 10 feet on center.
(4)
All plantings shall be replaced, as necessary, in order to continually maintain the proper appearance and function of the buffer zone.
(5)
In the event a required buffer zone cannot be established due to adverse weather conditions, occupancy of the land by the funeral home may still be permitted, provided the occupant posts the sufficient financial security with the Township to insure the installation of the required buffer zone once weather permits, the amount of such security to be as estimated by the Township Engineer.
K.
All areas of the property over which vehicles travel or upon which vehicles are parked for any reason shall be hard-surfaced and all such areas shall contain curbs installed around the outside perimeter of each such area.
L.
Applications for such a conditional use shall be accompanied by all certificates, licenses, approvals or other documents required by any governmental unit or agency having jurisdiction to issue the same for the operation of a funeral home. When it is not possible to obtain such certificates, licenses, approvals or other documents prior to conditional use approval, the application shall also state and the application shall be processed. However, in such cases, the grant of a conditional use shall be conditioned upon all necessary certificates, licenses, approvals or other documents being granted and copies provided to the Township Secretary.
24.
Gasoline Station/Convenience Store in the M-1 District.
A.
All areas of the property over which vehicles travel or upon which vehicles are parked for any reason shall be hard-surfaced and all such areas shall have curb guards or bumper guards installed surrounding the outside perimeter of each such area.
B.
No series of lights, flashers or any other similar types of electrical fixture, nor any flags, other than those of the United States and the Commonwealth of Pennsylvania, shall be installed on any part of the land.
C.
No vehicle shall be repaired on the premises. The sale of diesel fuel, as well as gasoline, is permitted.
D.
All boundary lines of the land which are in common with the boundary lines of land zones R-1, R-2, or R-3 shall have a buffer zone established thereon and adjacent thereto, this in accordance with the following minimum standards:
(1)
All plantings used to create a buffer zone shall consist of a mixture of evergreen and deciduous trees, shrubs and bushes.
(2)
The buffer zone shall be at least 30 feet in depth measured inwardly from the boundary line between the land and the adjacent residential land.
(3)
All plantings shall be at least four feet high and be planted 10 feet on center.
(4)
All plantings shall be replaced, as necessary, in order to continually maintain the proper appearance and function of the buffer zone.
(5)
In the event a required buffer zone cannot be established due to adverse weather conditions, occupancy of the land by the gasoline station/convenience store may still be permitted, provided the occupant posts sufficient financial security with the Township to insure the installation of the required buffer zone once weather permits, the amount of such security to be as estimated by the Township Engineer.
E.
All lot and yard dimensional requirements which are applicable to M-1 Districts, shall also be applicable to this conditional use, unless more restrictive requirements are imposed by this Chapter, in which case the more restrictive requirements shall apply.
F.
The property shall contain two driveways for ingress and egress, each driveway being capable of serving gasoline transport trucks as well as other vehicular traffic.
G.
All lighting shall be designed to avoid undue glare to abutting residences. Vehicular routing on the premises shall be arranged to the fullest extent possible so as to avoid undue glare from vehicle headlights onto abutting residences.
25.
Heliport/Helipad.
A.
Minimum lot area shall be five acres.
B.
The heliport/helipad shall be designed, sited and operated in conformance with all regulations of the Federal Aviation Administration and the Pennsylvania Department of Transportation.
C.
No fuel shall be stored on site.
D.
No major maintenance or repair work shall be done on site.
E.
Approach and departure path shall be designed not to extend over schools, stadiums, playgrounds, places of worship, residential neighborhoods or other similar places to the maximum extent feasible.
F.
A minimum one-thousand-foot setback shall be maintained between the center of the heliport/helipad and other buildings on the same lot and from any public street, any dwelling and/or school. This setback shall not apply to a helipad that is accessory to a hospital.
G.
The hours for nonemergency takeoff and landing shall be limited to 7:00 a.m. to 9:00 p.m. in order to minimize negative impacts on surrounding residential activity.
H.
The proposed helistop shall not be detrimental to health, welfare and safety of the Township residents and their property.
I.
The landing pad must be at least 85 square feet or a circle with an eighty-five-foot diameter. The pad must be paved, level, and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.
J.
At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at an angle of 10° from the width of the landing pad to a width of 1,000 feet, and shall have a glide angle slope of 8:1 measured from the outer edge of the pad.
K.
An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
L.
It shall be unlawful for any person to land, discharge, load or take off in a helicopter in any place within Harrison Township other than at a heliport or helistop except:
(1)
In conjunction with a special event as an athletic contest, holiday celebration, parade or similar activity, after seven days advance notice has been given to Harrison Township and permission obtained to make such a landing and takeoff.
(2)
When necessary for police and/or fire training or when necessary for law enforcement purposes and for emergencies.
(3)
In conjunction with a construction project where a helicopter is to be used to lift equipment in connection with such project.
M.
Lighting shall be shielded away from adjacent properties.
N.
The helipad shall be fenced and secured at all times to preclude access by the general public.
O.
There shall be no basing of helicopters at the helipad, except for helipads that are accessory to a hospital.
P.
Only one helipad shall be permitted on a lot or parcel.
Q.
Helipads shall be located at least 250 feet from any property line or public street, except for helipads that are accessory to a hospital, which may be located so as to maximize accessibility to existing emergency facilities.
26.
Home Occupations. Home occupations are permitted subject to the following criteria:
A.
The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes.
B.
Only residents of the principal dwelling may be engaged in the business or commercial activity. No employees or subcontractors shall be permitted to be involved in the commercial activity.
C.
No more than one home occupation may be located in any dwelling unit.
D.
The home occupation shall not alter the appearance of the building as a dwelling unit.
E.
Limited sales of goods or merchandise may occur on the premises, provided they are related to the home occupation.
F.
No manufacturing shall occur on the premises other than the products of customary hobbies, and fabrication of garments by a seamstress.
G.
No goods shall be displayed so as to be visible from the exterior of the premises.
H.
The use may not occupy an aggregate space of more than 40% of the habitable floor area of the principal dwelling. All interior and exterior areas shall be considered part of the use, including, but not limited to, office areas, storage areas, and shops.
I.
No patron's vehicles shall be parked or stored overnight, except as required for repair limited to a period not more than 72 hours.
J.
Only one sign advertising a home occupation shall be permitted. Such sign shall not be illuminated and shall be limited to four square feet in display area, including all sides of the sign.
K.
The applicant shall submit evidence of all applicable State approvals and required registrations.
L.
The business or commercial activity may be conducted only within the dwelling unit or one accessory structure located on the property. Limited outdoor activity is permitted if it does not constitute a nuisance to adjacent properties.
M.
The unenclosed storage of commercial vehicles, heavy equipment or materials shall be prohibited.
27.
Hospital, subject to:
A.
The minimum lot area required for a hospital shall be 10 acres.
B.
The property shall be served by public water and public sewers.
C.
Hospitals shall be licensed by the Commonwealth and the license shall be maintained throughout the occupancy. Failure to maintain the license shall be grounds for revocation of the certificate of occupancy.
D.
Water pressure and volume shall be adequate for fire protection.
E.
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.
F.
The parking and circulation plan shall be referred to the Township Police Department and volunteer fire company for comments regarding traffic safety and emergency access.
G.
All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 314 of this Chapter.
H.
Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the United States Environmental Protection Agency (EPA).
28.
Kennel, subject to:
A.
Kennels shall have a minimum site area of five acres.
B.
Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line adjoining property in any residential district.
C.
Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a minimum six-foot-high fence with a self-latching gate and shall be screened by Buffer Area "C."
D.
The operator shall submit an animal waste management and disposal plan to the Township.
E.
Domestic pets kept in an outdoor kennel shall be limited to a maximum of 10 animals on the first five acres plus two animals for each additional acre or portion thereof, up to 10 acres. There shall be no limit on the number of animals kept on properties of 10 acres or more.
F.
The applicant shall demonstrate compliance with all state regulations and laws.
29.
Mobile Business Quarters.
A.
Application for a mobile business quarters conditional use shall include:
(1)
A plan showing the siting and orientation of the business quarters on the property, the number and location of proposed parking spaces and of lanes proposed for traffic ingress and egress, the dimensions of the lot upon which business will be conducted, the distance between the business quarters and the lot lines and the location and size of any freestanding signs.
(2)
A description of the vehicle, trailer, stand or other quarters from which business will be conducted.
(3)
A description of the items or services to be sold and the days and hours of business.
B.
Mobile business quarters must be located within the boundaries of an approved planned shopping center.
C.
The trade or commerce conducted from the mobile business quarters must be of a kind otherwise permitted by this Chapter in the zoning district in question.
D.
Once conditional use approval has been granted for a mobile business quarters, such approval shall remain valid for a period of five years in the case of temporary uses which do not operate for more than one month out of the calendar year. Such temporary uses may be administratively renewed for four consecutive years after a conditional use approval is granted, provided that the nature of the business is unchanged, the location of the business is unchanged, the vehicle, trailer, or other structure to be used is unchanged and the days and hours of business are not increased. Renewal in each of said four consecutive years may be obtained by filing a request for renewal with the Zoning Officer, who shall grant the request if he finds that the conditions stated within this Section are met.
30.
Motel or Hotel, subject to:
A.
Dropoff/temporary parking area shall remain free and clear of obstructions for general safety and fire department access.
B.
A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of the hotel building.
C.
The Fire Chief of the nearest responding fire company shall approve of Fire Department access to the building.
31.
Multifamily Dwellings, subject to:
A.
The minimum site area required shall be one acre.
B.
The minimum lot width shall be 75 feet.
C.
The maximum dwelling unit density shall be 12 units per acre.
D.
All other area and bulk regulations of the R-3 District in this Chapter shall apply.
E.
Where two or more buildings are proposed on one lot, the minimum distance between buildings shall be 20 feet.
F.
All property lines adjacent to single-family use or zoning classification shall be screened by Buffer Area "B," as defined by § 314 of this Chapter.
G.
All parking areas adjacent to single-family use or zoning classification that are not screened by a buffer area shall be screened by a minimum six-foot-high compact evergreen hedge.
H.
All portions of the property not covered by buildings, driveways, parking, pools, shelters, gazebos or other paved areas shall be suitably landscaped with grass, ground cover and decorative shrubs or trees in accordance with Buffer Area "C" requirements.
I.
Off-street parking shall be provided in accordance with the requirements of this Chapter.
32.
Offices and Financial Institutions.
A.
If off-street parking is located on a parcel that contains a building, the parking shall be located in the rear or side yards.
B.
In the V District, businesses that include drive-through facilities shall front on Federal Street, River Avenue, or North Canal Street, and all vehicular ingress and egress to the drive-through facilities shall be via these roads.
C.
All drive-through window lanes shall be separated by curb from the parking lot's interior driveway.
D.
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
E.
Each drive-through window lane shall have a minimum of 150 feet on-site stacking space preceding the business transaction window location.
F.
Financial institutions may not remain open or be in operation between 8:00 p.m. and 8:00 a.m. except that unstaffed drive-through facilities may remain in operation at all times.
33.
Gas and Oil Wells.
A.
The applicant shall show the proposed routes of all trucks to be utilized for hauling to and from the gas and oil well site and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on Township streets, unless a bond and an excess maintenance agreement to assure road damage repair is provided, and shall design the hauling routes to minimize the use of and impact upon Township streets wherever feasible. The applicant shall also show evidence satisfactory to the Township Engineer that intersections along proposed hauling routes provide a sufficient turning radius for trucks to be utilized for hauling, such that all turns can be safely made without damage to vehicles, sidewalks or curbs.
B.
The applicant or operator shall post a bond or other financial security in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee maintenance and repair during construction/drilling/fracturing and post-operation restoration of Township streets which may be determined, in the reasonable opinion of the Township Engineer, to be damaged as a result of traffic generated by gas and oil well generated traffic. In addition, if the Township Engineer concludes that gas and oil well generated traffic will cause substantial damage to a Township road, then the applicant must, before operations begin, enter into an agreement with the Township undertaking the responsibility to repair the road to the extent determined in the reasonable discretion of the Township Engineer, which agreement may provide for a bond to be posted in excess of otherwise applicable PennDOT limits when the Township Engineer has reasonably estimated that the cost of repair will exceed the PennDOT limits. In addition, should the Township Engineer reasonably determine that preventive measures, such as shoring of bridges or putting protective mats over utility lines, should be taken to prevent damage to Township roads, bridges or utilities, then the applicant shall install such protective measures as directed by the Township Engineer, prior to beginning operations.
C.
Prior to the commencement of oil or gas well drilling activities, the actual commencement of mining activity, no construction activities involving excavation of, alteration to or repair work on any access road to the site of the mineral removal or upon an oil or gas well site or other site of mineral removal shall be performed during the hours of 9:00 p.m. to 6:00 a.m.
D.
The Township recognizes and acknowledges that oil and gas development is accompanied by inherent noise. The regulations in this Section are intended and shall be interpreted and applied to establish a process for reasonable noise control that provides for response to individual complaints and requires that undue noise be addressed, where feasible, without the Township dictating the particular operational steps that must be taken. The operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the development:
(1)
Prior to drilling of an oil and gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, or, alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this Chapter, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standards Institute standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. For the purposes of this chapter a “protected structure” shall be any occupied residence, commercial business, school or church located within 1,000 feet of the surface location of an oil or gas well that may be impacted by noise generated from drilling or hydraulic fracturing activity at an oil or gas well, excluding any structure owned by an oil and gas lessor who has signed a lease with the operator granting surface drilling rights to drill the subject well or whose owner (or occupants) has signed a waiver relieving the operator from implementation of the measures established in Subsection 33D of this section for the owner’s or occupant’s benefit.
(2)
The operator shall provide documentation of any established, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 55 dBA, to the Township’s Zoning Officer within three business days of such a request from the Zoning Officer.
(3)
Protected Structures.
(a)
The noise generated during drilling and hydraulic fracturing activities, when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or default level, whichever is higher:
(b)
The operator shall inform the Township of which level (average ambient noise level or default level) is being used.
(c)
The operator shall provide for ongoing regular noise level monitoring at a station to be located at or near the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The noise monitoring data acquired at this station shall be made available to the Township upon request.
(4)
Adjustments to the foregoing noise limits may be permitted in accordance with the following:
Permitted Increase | Duration of Increase (minutes)* |
|---|---|
5 dBA | 15 |
10 dBA | 5 |
15 dBA | 1 |
20 dBA | 1 |
NOTES: |
|---|
*Cumulative minutes during any one hour. |
(5)
If a complaint is received by the Township from any person, whether a resident or otherwise, using the protected structure for any lawful purpose within 1,000 feet from the wellhead or equipment generating noise during drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant’s building of:
(6)
Once the monitoring is complete, the operator will provide monitoring data to the Township and will meet with Township representatives and affected property owners and will, within one week of the meeting, submit a noise-abatement plan to effectively mitigate any noise exceeding the permitted levels. In determining the noise-mitigation measures to be employed, the Township may, at the expense of the operator, utilize the services of a consultant with expertise in noise measurement, noise abatement and gas and oil well drilling and operation.
(7)
Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer’s specifications.
(8)
All workover operations shall be restricted to the hours of 6:00 a.m. to 10:00 p.m., except as necessary, as reasonably determined by the operator. “Workover operations” shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.
(9)
In cases where noise has exceed permitted levels and it is economically feasible for gas and oil well drilling rigs to be outfitted with acoustic barrier insulation blankets, such barriers shall be installed in accordance with best management practices in the industry; provided, however, that no such acoustic barrier shall be required where its use would be contrary to a preempted applicable state or federal regulations or where its use would create a safety hazard in the opinion of the Township Engineer or of any regulatory agency with jurisdiction.
(10)
This Subsection 33D shall not apply to conventional oil and gas well drilling and completion activities; i.e., those wells drilled to depths shallower than the base of the elk sandstone or its stratigraphic equivalent, or to such oil and gas wells that are planned to involve either drilling or fracking, or both, of a single well on a well site for no more than seven consecutive days total in any calendar year; provided, however, that if the well site is within 1,000 feet of a residentially occupied property, then Subsection 33N shall apply.
(11)
In order for the Township to appropriately enforce the conditions imposed by this Chapter, to make certain that the health, safety and welfare of its citizens are met and to determine if the use remains compatible with various zoning districts in the Township, if the operator engages in any noise testing as required by this chapter, it will provide the final results to the Township within 10 business days of the operator’s receipt of those final results.
E.
Notwithstanding any other provision in this chapter, sufficient parking shall be provided to allow all vehicles associated with the gas and oil well operation to be parked off street. Parking areas within 200 feet of an occupied building not associated with the gas and oil well operation shall provide a slag or stone or other surface designed to minimize dust or, alternatively, dust-reduction measures such as water sprinkling whenever necessary. Access roads to the well site shall be improved to a dust-free, all-weather surface in such manner than no water sediment or debris will be carried onto any public street or adjoining property.
F.
The operator shall take all necessary steps to ensure that public roads remain free of dirt, mud or debris resulting from gas and oil well traffic or activities, including road sweeping and tire washing if needed. Where traffic generated by the gas and oil well is heavy in the proximity of school bus stops, the operator will provide, at its expense, flagmen to ensure the safety of children waiting for or leaving school buses, and the operator will take measures to eliminate unnecessary truck traffic to or from the site during school bus operation hours in the morning and afternoon.
G.
The operator shall, prior to drilling and once per year thereafter, provide an opportunity for Township emergency service providers to arrange visits to the well site for the purpose of being oriented to the location, equipment, materials used at and layout of the site. Such orientation visits shall be mutually arranged between the operator and the chief officer of any given emergency service provider.
(1)
The operator shall provide appropriate maps, material data safety sheets, and emergency plan documents to such chief officers and to the Township Secretary. Emergency response plans shall address well leakage, spill containment, vandalism, defective casing or cementing and communications between the well operator and the public water supplier.
(2)
The operator shall provide 24/7 emergency contact information, including a supervisor’s name and a toll-free phone number, to all Township emergency service providers and to the Township Secretary, as well as on signage at the well site.
H.
Where a gas and oil well is located within 1,000 feet of a protected structure, the operator shall:
(1)
Install temporary safety fencing at least six feet high around drilling, fracturing and hydraulic equipment and install permanent fall-protection fencing meeting OSHA requirements around any pit for impoundment of liquid at a depth greater than two feet;
(2)
Install warning signs at the well site; and
(3)
Provide at least one on-site security guard 24/7 when a drilling rig or hydraulic fracturing equipment is on the well site.
I.
Each application for a conditional use under this section shall have attached thereto a site plan. The proposed site development plan shall be a topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet size of 24”H x 36”W, to include the following:
(1)
Title block, giving the name of the development, property owner, developer, North point, key location map, registration stamp, date and scale on a standard sheet size of 24”H x 36”W, with index.
(2)
Property lines, Zoning Ordinance district boundary lines and total acreage of the parcel proposed for development.
(3)
All existing streets, rights-of-way, and easements related to the development and any acreage leased in connection with the proposed well.
(4)
Owners of adjacent properties, including the location of any existing structures and driveway locations.
(5)
The location of relevant natural features on site, including but not limited to streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees.
(6)
The location of relevant natural features abutting properties within 300 feet, including but not limited to streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees.
(7)
The location of structures on abutting property within 300 feet of common property lines and the location of any protected structures and copies of any waivers from owners of such protected structures.
(8)
The location of all gas and oil well structures, facilities, equipment or buildings.
(9)
The location of existing structures, buildings and accessory uses on site.
(10)
The location of vehicle and equipment cleaning and tire cleaning areas and a description of the proposed program for removing mud and other well site generated debris from public streets.
(11)
The location of proposed access roads and proposed haul roads.
(12)
The location of stormwater and sediment controls or any water-impoundment facilities.
(13)
A timetable for commencing and ending site preparation, drilling activity, hydraulic fracturing activities, oil and gas production, site restoration and well plugging.
(14)
An environmental impact statement, which shall include the following:
(a)
A description of existing conditions in the area and the land use history of the property;
(b)
A description of the proposed gas and oil well operations and associated facilities;
(c)
An assessment of the proposed gas and oil well operations on abutting, surrounding uses;
(d)
An historical record of previous gas and oil well operations at the site; and
(e)
A description of existing conditions, including gas and oil well facilities, structures, buildings or equipment.
(15)
A copy of any permit or permit application issued by or submitted to the Pennsylvania Department of Environmental Protection.
(16)
The location, depth and profile of any proposed pipelines for water, gas, oil or other substance.
(17)
A lighting plan, demonstrating maximum feasible reduction of glare onto adjacent properties.
(18)
Such other information pertinent to the proposed gas and oil well as may be requested by the Township Engineer or Zoning Officer.
J.
During construction, the operator shall remove and dispose of all uprooted trees, stumps, brush, rubbish, construction materials and debris promptly in the interest of public safety.
K.
No employees, subcontractors or other persons shall be housed on the well site.
L.
Any pond or impoundment basin for liquids installed in connection with a well site shall be entirely fenced with a chain-link security fence.
M.
The operator shall submit an odor-control plan to eliminate odors if perceptible in nearby occupied properties during the drilling and the hydraulic fracturing process. Upon complaint by any person residing or working in the vicinity of the well site, the operator will meet with the Township and complainant to establish an effective odor-control plan. The operator will reimburse the Township for the cost of consultants or other investigation needed to address odor complaints. For purposes of this section, “nearby properties” shall be properties within 500 feet of the well site.
N.
The operator shall operate and maintain a vapor-recovery unit or vapor-destruction unit or other available and feasible means to eliminate vapors from condensate tanks at the well site.
O.
During the time any pond or impoundment contains nonpotable water or other liquids, it shall be fully covered with bird netting.
P.
No on-site burial or other disposal of drilling residuals or hydraulic fracturing chemicals or residuals is permitted. A plan identifying the means for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials and other waste products and providing for Township access to any waste manifest shall be provided.
Q.
Air-containment emissions, particulate and otherwise, shall be in compliance with all County Health Department, state and federal regulations.
R.
The applicant shall provide certification that a bond or other security is held by the Pennsylvania Department of Environment Protection to ensure proper plugging when the well is classified as inactive by the Pennsylvania Department of Environmental Protection.
S.
Any material stored outside an enclosed structure in connection with well drilling or operation shall be screened by opaque ornamental fencing, walls or evergreen plantings to minimize visibility of the storage area from residentially occupied properties.
T.
The application shall be accompanied by a nonrefundable application fee of $2,500 or such other amount as may be set by resolution of the Board of Commissioners.
34.
Outdoor Recreation, subject to:
A.
All structures shall be not less than 100 feet from any lot line and no less than 200 feet from the nearest house.
B.
All pools, tennis courts, basketball courts, skating rinks, deck hockey rinks and similar facilities shall be considered structures for the purpose of this Chapter.
C.
All facilities shall have a paved parking area and it shall not be closer than 25 feet to any residential lot line. All facilities shall abut a public arterial or collector road and have permanent access/ingress thereto.
D.
Alcoholic beverages (other than those served pursuant to a State Liquor Control Board license) amplified music and jukeboxes shall be prohibited on the premises.
E.
The applicant shall provide a plan for a photometrics of the lot. Illumination, when measured at any residentially abutting lot line, shall be maximum of one footcandle, at all times.
36.
Public Utility Building, subject to:
A.
The minimum lot area required shall be 21,780 square feet.
B.
Maintenance vehicles shall be stored within a completely enclosed building.
C.
Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot fence with locking gate and is screened by 100% opaque screening material placed in the fencing or by a six-foot dense, compact evergreen hedge. Gates shall be 100% opaque or contain 100% opaque screening.
D.
Any area of the building that is used for business offices shall comply with the parking requirements of this Chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
37.
Research and Development, subject to:
A.
Any research and development that results in the death of animals must comply with all applicable Federal, State and local regulations for such research, including regulations concerning the destruction and/or disposal of animal remains.
B.
No research and development activities shall have any adverse impact on public health, safety and welfare.
C.
Unless necessary for the conduction of research, investigation and study, all research and development activities shall be conducted within completely enclosed buildings. Any research and development activities conducted outside of a completely enclosed building must be shielded from view of adjacent properties by walls, topography, landscaping or other means approved by the Township Zoning Officer.
D.
All materials stored on the premises shall be completely enclosed buildings.
E.
Hours of operation shall be limited to between 6:00 a.m. and 9:00 p.m., except for maintenance purposes, data and communications processing, and research and equipment that require continuous operation or study.
38.
Retail Stores and Service Shops.
39.
Satellite Dish Antennas.
A.
No antenna on a residential parcel shall be higher than 17 feet above the ground, except that antennas installed on a roof of a dwelling may go up to 35 feet above the ground. All such antennas shall be restricted to back yard installations that maintain side and rear yard setbacks.
B.
No antenna shall be installed without obtaining a zoning certificate under Part 5 of this Chapter.
C.
The antenna use or structure shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other person or property and shall comply with the performance standards set forth in § 405.
D.
All ground-mounted antennas shall be completely enclosed by a six-foot-high nonclimbable fence. Any gates within the fence shall be kept locked when unattended.
E.
A maximum of one antenna shall be permitted on a lot.
40.
Sawmills. Sawmills are subject to the following criteria:
A.
Minimum lot area: 10 acres.
B.
All cutting, sawing, grinding, or other processing shall be conducted within a completely enclosed building;
C.
No material shall be deposited or stored and no building or structure shall be located within 500 feet of any property line.
D.
Any external area used for the unloading, transfer, storage, or deposition of material must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable).
E.
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting will not back up onto public roads.
F.
All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by a person traveling to and from the site.
G.
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township.
H.
The hours of operation for this use will be limited to 7:00 a.m. to 7:00 p.m. No operations shall be permitted on weekends or legal holidays.
41.
Senior Living Community.
A.
The Board of Commissioners shall approve a conditional use for such facility only after a finding that the plans and programs for the management of the facility are adequate to protect the health, safety and welfare of the persons serviced by the facility and the residents of the neighborhood in which the facility is located.
B.
On-site parking shall be provided at a ratio of one stall per two units located within the facility and one for each two employees on the maximum working shift.
C.
Such facility shall be on a minimum parcel size of seven acres, provided that if there are both an independent living facility and an assisted living facility within the senior living community, each facility may be on a separate parcel of at least 2 1/2 acres.
D.
A buffer yard at least 30 feet wide shall be provided along the entire perimeter of the site planned in accordance with §§ 314 and 408.4J, which buffer may be satisfied by existing vegetation that provides equivalent screening.
E.
All buildings within the senior living community shall be constructed and maintained consistent with a common color scheme and utilizing the same or complementary exterior wall materials.
42.
Sexually Oriented Businesses. Sexually oriented businesses may be established only in an M-2 Zoning District.
A.
Persons or owners who intend to open a sexually oriented business must obtain from the Township a license to operate such an enterprise and must pay a license fee, as set by resolution of the Commissioners, to the Township. In addition, such persons or owners must supply to the Township detailed information as to ownership operation and as required on the licensing application form. This form can be obtained at the Township office.
B.
No sexually oriented business can be located within 250 feet of the boundary line of any property on which is located a residence, educational institution, hospital, nursing home, sanitarium, retirement or convalescent home, group home, personal care home, public park, religious establishment, establishment which is licensed to and does sell alcoholic beverages, other sexually oriented businesses, day-care center, or within 250 feet of any area zoned residential or a PRD.
C.
Landscaping shall be provided in compliance with the landscaping guideline contained in § 314 of this Chapter.
43.
Single-Family House, subject to:
A.
Maximum lot coverage shall be 20%.
B.
Maximum building height shall be 35 feet.
C.
Only those areas necessary for the construction of the house and accessory structures, driveway and utilities shall be cleared of trees and shrubs. In no case shall more than 50% of existing trees and shrubs be removed to permit construction. Also, trees on slopes greater than 15% shall not be removed.
44.
Slaughterhouses. Slaughterhouses are subject to the following criteria:
A.
Minimum lot area: five acres.
B.
The subject site shall have access to a collector or arterial road.
C.
All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building.
D.
All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without overcrowding, and not located within the front yard.
E.
The applicant shall furnish a working plan for the recovery of escaped animals, which minimizes the potential for animals to enter traffic or cross property lines and which shall be continuously implemented.
F.
All animal wastes shall be regularly cleaned up daily and properly disposed of, so as not to be objectionable at the site's property line.
G.
The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall be to immediately identify and appropriately dispatch any obviously ill or injured animals.
H.
The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels.
I.
The loading and unloading of trucks shall be restricted to the hours between 8:00 a.m. and 6:00 p.m.
J.
No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line nor 500 feet of any land within the residential zones.
K.
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot wide landscape strip.
L.
Sewer and water lines shall be designated and installed to minimize the potential for leakage and contamination.
M.
Wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed in any other manner inconsistent with PA DEP regulations.
N.
All unusable animal by-products shall be stored indoors in leak- and vectorproof containers. In the case of slaughtering or processing operations that do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours.
O.
The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, State and Federal standards and regulations.
P.
The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas in the rear yard so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road.
Q.
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with major collector or arterial roads.
R.
All access drives onto the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the street right-of-way. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site.
S.
The applicant shall furnish a traffic impact report prepared by a professional engineer.
45.
Storage Facilities, subject to:
A.
The storage of hazardous materials, including but not limited to toxic or explosive substances, is prohibited.
B.
Wholesale or retail sales, garage sales, flea markets or outside storage is prohibited.
C.
Areas designed for circulation shall be paved. The lot shall have direct ingress/egress to a public collector or arterial road. Points of ingress/egress shall not be through a road in which the current use of the majority of lots fronting on the road is single-family dwellings. Vehicular access to the lots shall be limited to one two-way or two one-way driveways from each arterial or collector road on which the lot has frontage.
D.
All one-way driveways shall have a minimum of one ten-foot parking lane plus one fifteen-foot travel lane.
E.
All two-way driveways shall have a minimum of one ten-foot parking lane plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.
F.
The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth. The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.
G.
The maximum length of any storage building shall be 200 feet.
H.
Office space may be provided, but it shall not exceed 5% of the total floor area devoted to storage.
I.
Storage units shall not be equipped with water or sanitary sewer service.
J.
No business activity other than rental of storage units shall be conducted on the premises.
K.
The applicant shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line abutting a residential property, shall be a maximum of one footcandle.
47.
(Reserved)
48.
Utility and Storage Building, subject to:
A.
The storage of hazardous materials, including but not limited to toxic or explosive substances, is prohibited.
B.
Areas designed for vehicular circulation shall be paved.
C.
The maximum length of any storage building shall be 100 feet.
D.
The applicant shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line abutting a residential property, shall be a maximum of one footcandle.
49.
Waste Disposal, Treatment or Transfer Facility.
A.
Such facility shall be entirely owned and operated by Harrison Township or a municipal authority established wholly or in part by Harrison Township, or a private entity licensed by all appropriate Federal, State and County agencies.
B.
Such facility shall be located at least 500 yards from any dwelling, church, school or building utilized for human occupancy and shall be located at least 200 feet from the boundaries of all adjoining properties.
C.
Applications for such conditional uses shall be accompanied by a certificate, licenses, approvals or other documents required by any governmental unit or agency having jurisdiction to issue same when it is possible to obtain those instruments prior to conditional use approval. When it is not possible to obtain such certificates, licenses, approvals or other documents prior to conditional use approval, the application shall so state and the application shall be processed. However, in such cases, the grant of a conditional use shall be conditioned upon all necessary certificates, licenses, approvals or other documents being granted.
D.
Minimum lot area: five acres.
E.
Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse derived field, pyrolysis, etc.) shall be conducted within a wholly enclosed building.
F.
Any external area used for the unloading, transfer, storage, or deposition of waste must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no opening greater than two inches in any direction.
G.
The use shall be screened from all adjoining properties.
H.
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed and/or unloaded will not backup onto public roads.
I.
All access drives on the site shall be completely paved, except in the case of landfills where access drives are required to be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
J.
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
K.
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township.
L.
The unloading, processing, treatment, transfer, and disposal of waste shall be continuously supervised by a qualified facility operator.
M.
Any waste that is to be recycled shall be stored in leak- and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.
N.
All storage of waste shall be indoors in a manner that is leak- and vectorproof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation but, in no event, for more than 24 hours.
O.
A contingency plan for the disposal of waste during a facility shutdown, shall be submitted to the Township.
P.
Leachate from the waste shall be disposed of in a manner in compliance with any applicable State and Federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment may be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in any manner inconsistent with the Department of Environmental Protection's regulations.
Q.
All structures shall be set back at least a distance equal to their height.
R.
The applicant shall submit an analysis of raw water from either private or public sources, indicating the quantity of water required. The applicant will provide a letter indicating that a public or private source will provide the water needed. The applicant shall also provide proof of approval from and/or compliance with the regulations of the Pennsylvania Department of Environmental Protection and all other pertinent agencies regarding water supply and use.
S.
The applicant shall provide a qualified traffic impact report.
T.
A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site, must not be located within this landscape strip.
U.
The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport and potential hazards regarding firefighting of waste materials upon the site.
V.
No principal waste handling facility shall be located within one mile of another, as measured in a straight line between closest property lines.
W.
Maximum building height shall be 35 feet.
X.
Maximum height of fill shall be 50 feet.
Y.
A plan for the restoration of all borrow areas will be submitted for approval.
Z.
The hours of operation for this use shall be limited to 7:00 a.m. to 7:00 p.m.
50.
Wholesale Business. Wholesale business establishments are permitted by conditional use, subject to the following criteria:
A.
The applicant shall provide a detailed description of the proposed use for each of the following topics:
(1)
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with State and Federal regulations.
(2)
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance.
B.
The applicant shall provide a traffic impact report prepared by a professional traffic engineer.
C.
Minimum lot size is one acre.
51.
(Reserved)
52.
Three- and Four-Family Houses in the R-2 District.
A.
All property lines adjacent to property used for or zoned to allow single-family use shall be screened by Buffer Area B, as defined by § 314 of this Chapter.
B.
All parking areas adjacent to property used for or zoned to allow single-family use shall be screened by a minimum six-foot-high compact evergreen hedge.
C.
All portions of the property not covered by buildings, driveway, parking, pools, shelters, gazebos or other paved area shall be suitably landscaped with grass, ground cover and decorative shrubs or trees in accordance with Buffer Area C requirements.
D.
Off-street parking shall be provided in accordance with the requirements of this Chapter.
53.
Natural Gas Compressor Stations and Natural Gas Processing Plants.
A.
The applicant shall, at its sole expense, provide site orientation and associated training to Township emergency services to all Township emergency service providers before operation begins and once per year thereafter. An emergency preparedness plan shall be submitted, prepared by an expert in emergency/hazardous materials response, which plan shall be reasonably satisfactory to the Township Police Chief, the Fire Chief of the fire company closest to the plant locations and the Township Emergency Management Coordinator.
B.
All proposed structures comprising the station or plant shall be located at least 1,000 feet from property zoned R-1 and 500 feet from any property used for a single-family dwelling located other than in an R-1 District.
C.
The minimum site acreage is five acres.
D.
Compressors shall be located within a completely enclosed building.
E.
The design and color of structures and improvements shall be chosen to be compatible with and blend in with the surrounding area. All property lines adjacent to property zoned residential shall be screened by buffer areas in accordance with § 314.
F.
The applicant shall provide a site plan containing all of the information for a site plan submitted for a gas and oil well conditional use application under § 408.33 therein, except that information pertaining to a natural gas compressor station or processing plant, and related structures, operations or facilities, shall be provided in lieu of information pertaining to gas and oil wells.
G.
The application shall be accompanied by a nonrefundable application fee of $2,500.
H.
No outdoor storage of materials or equipment is permitted.
I.
The site shall be secured with gates, fencing and security personnel, and security plans shall be provided to the Township Chief of Police for review. Access to the site shall be limited to posted times when security personnel are on duty.
J.
The minimum distance between natural gas compressor stations shall be one mile.
K.
The performance standards at § 405 must be met. It shall be a condition of approval that the Township may, before or after operation commences, require acoustical blankets, sound walls, mufflers or alternative methods to mitigate noise impact on residentially zoned property. The Township may utilize an expert in noise control to assist in achieving such noise mitigation, with the expense of such expert to be assessed to the applicant or operator.
L.
A lighting plan shall be submitted which prevents glare from being directed to the adjacent properties or to any residentially zoned property.
54.
Dog Day Care.
A.
The owner or operator of any dog day care shall be licensed by the Commonwealth of Pennsylvania and maintain the facility in compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department.
B.
The owner or operator shall submit an animal waste management and disposal plan to the Township that complies with all applicable rules and regulations of the Commonwealth of Pennsylvania and Allegheny County.
C.
Any outdoor recreational space for the animals shall be enclosed by a six-foot-high solid fence with self-latching gates, and shall be located at least 200 feet from any residential structure and at least 10 feet from any nonresidential property line.
D.
Any outdoor recreational space shall be screened from any adjoining residential property by Buffer Area "B," as defined in § 314 of this chapter.
E.
The number of dogs permitted to be outside at any one time shall not exceed 15 dogs per one supervising staff member.
F.
Any housing structure used for the overnight boarding of animals shall be located inside of the facility.
G.
During the time period beginning at 11:00 p.m. and ending at 6:00 a.m., the total number of dogs permitted to be outside at any one time shall not exceed five.
H.
The Board of Commissioners may impose restrictions upon noise and other such matters as they deem necessary to ensure that there is no adverse impact on the functioning of the zoning district or adjacent parcels.
55.
Short-Term Rental Unit.
A.
The dwelling unit must be the permanent address of the owner or lessee, and the owner or lessee must occupy the dwelling unit for at least six months of the calendar year.
B.
The dwelling unit may be used as a short-term rental no more than six times in one calendar year. The maximum total number of consecutive days that the dwelling unit can be used as a short-term rental shall not exceed 30 days.
C.
The short-term rental shall not permit more than two houseguests to occupy one bed and one houseguest to occupy one couch.
D.
If the short-term rental unit does not offer private sleeping quarters, the houseguests shall be limited to one houseguest per dwelling unit at a time.
E.
Short-term rentals shall not be permitted on a lot that is nonconforming with respect to minimum lot size and setbacks.
F.
The short-term rental unit shall provide parking in accordance with the parking regulations contained in § 305, Off-Street Parking, in addition to the following:
(1)
All off-street parking spaces shall be located on the same property as the short-term rental unit;
(2)
The required number of off-street parking spaces may include spaces in a garage which can accommodate vehicles; and
(3)
All off-street parking spaces shall be improved to a mud-free condition with paving, stone or similar material.
G.
The short-term rental unit shall not have any outside appearance indicating a change of the use from the surrounding residential uses.
H.
Houseguests shall not engage in disorderly conduct or disturb the peace and quiet of any nearby residence or person by loud, unusual, or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, quarreling, challenging to fight or fighting, or creating a dangerous or physically offensive condition. If a houseguest is convicted of any disturbance of the peace, the property owner or lessee shall not be permitted to continue to offer short-term rentals.
I.
Overnight occupancy of recreational vehicles, camper trailers, and or tents by houseguests at the property are prohibited. Outdoor overnight sleeping of houseguests is prohibited.
J.
The transient use of property by means of temporary structures, such as tents, camper trailers, and recreational vehicles which lack permanent bathroom facilities or sanitation facilities is harmful to the public health, safety, and welfare, and shall be prohibited as a short-term rental unit.
K.
Subleasing, by a houseguest, of all or a portion of a short-term rental unit is prohibited.
§ 409 Burden of Proof.
[Ord. 1944, 11/23/2009]
In proceedings involving a request for a conditional use approval, the duty of initially presenting evidence and the burden of persuading the factfinder that the proposed use satisfies the specific or objective requirements for the grant of a conditional use as are set forth in this Chapter rests upon the applicant. The burden of persuading the factfinder that the proposed use will not offend general or nonobjective public interests such as the health, safety and welfare of the neighborhood rests upon the applicant.