In addition to all other applicable standards in this chapter, the standards in this Article VIII, which may include larger lot sizes, increased setbacks and other standards more restrictive than established by other sections, shall apply to the uses as provided in the following sections. The omission from a section of a reference to other applicable requirements shall not exempt compliance with such requirements.
Kidder Township City Zoning Code
PART 8
Standards for Specific Uses
§ 180-88 Adult businesses.
A.
Findings. In adopting these standards which apply to adult businesses, the Township has made the following findings in regard to the secondary effects on the health, safety and welfare of the citizens of The Township. The findings are based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Township, and on findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 427 U.S. 50 (1976), and Northend Cinema, Inc., v. Seattle, 585 P.2d 1153 (Wash. 1978), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Beaumont, Texas; and New York City, New York; and also on findings found in the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, June 6, 1989, State of Minnesota.
(1)
Health concerns. The concern over sexually transmitted diseases is a legitimate health concern which demands reasonable regulation of adult businesses and adult uses in order to protect the health and well-being of the citizens.
(2)
Behavior. Certain employees of sexually oriented business regulated by this chapter as adult theaters and cabarets engage in higher incidents of certain types of sexually oriented behavior at these businesses than employees of other establishments.
(3)
Sexual acts. Sexual acts, including masturbation, oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows, as regulated by this chapter as adult book stores, adult novelty shops, adult video stores, adult motion picture theaters, or adult arcades.
(4)
Unhealthy conditions. Offering and providing such space encourages such activities, which create unhealthy conditions.
(5)
Sexual activities. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
(6)
Communicable diseases. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, non B amebiasis, salmonella infections and shigella infections; and the incidence of many of these diseases is on the increase.
(7)
Unhealthy conditions. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(8)
Bodily fluids. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.
(9)
Accountability. Classifying adult businesses as conditional uses is a reasonable means of accountability to ensure that operators of adult businesses comply with reasonable regulations and conditions, and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
(10)
Externalities. There is convincing documented evidence that adult businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of property values, and the decline of the overall character of the community. A number of municipal studies, including the 1986 Austin, Texas, study, have demonstrated this.
(11)
Operational characteristics. It is generally recognized that adult businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighborhood blight and downgrading the quality of life in the adjacent area. A number of municipal studies, including the 1986 Austin, Texas, study, have demonstrated this.
(12)
Reason for control. The Township desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry, protect the citizens from increased crime; preserve the quality of life, preserve property values and the character of the surrounding community.
B.
Intent. It is the intent of this § 180-88 to:
(1)
Secondary effects. Regulate adult business in order to promote the public health, safety and welfare by minimizing the secondary effects on the community which are associated with such businesses, and which include difficulties for law enforcement, trash disposal, deleterious effects on business and residential property values, increased crime (particularly the corruption of morals of minors and prostitution), and drive residents and businesses to move elsewhere.
(2)
Zoning district. Designate a zoning district where adult businesses are permitted, and establish reasonable, content neutral standards applicable to such uses.
(3)
Content. Have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually oriented or adult materials.
(4)
First Amendment. Not totally restrict or deny access by adults to sexually oriented materials or adult materials protected by the First Amendment of the Bill of Rights of the U.S. Constitution.
(5)
Intended market. Not deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(6)
Pa. Code. Not condone or legitimize the distribution of obscene material, or to encourage any violation of the Pa. Crime Code or Pa. Obscenity Code.
C.
Standards. The following standards shall apply to adult businesses:
(1)
Setback. Adult businesses shall not be located less than 500 feet from any:
(2)
Similar businesses. Adult businesses shall not be located within 1,000 feet of any other adult business.
(3)
Measurement. The setbacks established in this § 180-88 shall be measured from the nearest edge of the building used for the adult business to the nearest edge of the building used for a use from which the required setback applies. In the case of a required setback use without a building, the setbacks shall be measured from the nearest edge of the building used for the adult business to the nearest point of any structure associated with the use from which the setback applies. The measurement shall be made in a straight line without regard to intervening structures or objects.
(4)
Enlargement. An existing, lawful nonconforming adult business may be expanded as a conditional use once in total floor area beyond the floor area that lawfully existed in such use at the time of adoption of this provision of this chapter, but only in accord with the limitations of this chapter.
(5)
Limit of one use. It shall be a violation of this chapter for any person to cause or permit: the operation, establishment, or maintenance of more than one adult business in the same building, structure or portion thereof, or an increase of floor area of any adult business in any building, structure, or portion thereof that contains another adult business.
(6)
Nonconformity. Any adult business lawfully operating on the date of enactment of this chapter that is in violation of any of the provisions of this § 180-88 shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, altered or extended, except as permitted in § 180-88C(4). The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as defined and regulated by this chapter be changed to any other type of adult business.
(7)
Location of new neighboring uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant of a conditional use permit, a use from which an adult business is required to provide a setback under § 180-88C(1) is developed within the required setback distance.
(8)
Lighting. Overhead lighting shall be provided to illuminate all improved areas of the property; and said lighting shall be in compliance with all requirements of this chapter.
(9)
Visibility. Any building, structure, or room used and occupied as an adult business shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service, or entertainment are exhibited or displayed, and no sale materials, merchandise, film, or offered items of service or entertainment shall be visible from outside the structure.
(10)
Signs. Exterior signs shall comply with the provisions of Article XI; however, business identification signs shall be limited to a maximum of 20 square feet and signs attached to the building facade shall be limited to a maximum total of 10 square feet. Content of such signs shall be limited to only the text of the name of the business and the hours of operation. No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service, or entertainment offered therein.
(11)
Entrances. Each and every entrance to the structure shall be posted with a notice that the use is an adult business, that persons under the age of 18 are not permitted to enter, and warning all others that they may be offended upon entry.
(12)
Physical or sexual contact. No use shall include live actual or simulated sex acts or any physical or sexual contact between employees and contractors, entertainers or dancers, nor between employees, contractors, entertainers or dancers and customers. At an adult live entertainment use or facility, employees, entertainers and dancers shall maintain a minimum distance of three feet from customers.
(13)
Hours of operation. The use shall not operate between the hours of 2:00 a.m. and 7:00 a.m.
(14)
Viewing booths. For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
(15)
Garments. All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use or facility.
(16)
State law compliance. As a specific condition of approval under this chapter, the applicant shall prove compliance with all applicable state laws, including, but not limited to, the Pennsylvania Liquor Code, Act 219 of 1990; Act 207 of 1990 (which pertains to obscenity); and Act 120 of 1996 (which pertains to adult-oriented establishments[1] and which limits enclosed viewing booths among other matters).
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.; 18 Pa.C.S.A. § 5903 et seq.; and 68 Pa.C.S.A. § 5501 et seq., respectively.
(17)
Exemption for modeling class. Any modeling class which involves a person appearing in a state of nudity and which is operated by or involves any of the following shall be exempt from the provisions of this § 180-88:
(a)
By a proprietary school, licensed by the state, or an academically accredited college or university;
(b)
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation;
(c)
In a structure:
[1]
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
[2]
Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
[3]
Where no more than one nude model is on the premises at any one time; or
(d)
By an organization which qualifies under § 501(c)(3) of the U.S. Internal Revenue Code as a nonprofit organization or foundation.
§ 180-90 Airports and heliports.
The procedures and standards in this § 180-90 shall apply to all existing and proposed airports and heliports:
A.
Approval required. The existence of airport hazard zones limits the uses of surrounding landowners. No airport shall be permitted to make any change which would affect the location of airport surface zones, approach zones, or hazard zones, and no new airport shall be developed unless zoning approval has been granted. The following shall constitute changes at an airport requiring approval prior to the change:
(1)
Any extension of a runway's length or location;
(2)
Any change in the height of a runway;
(3)
The paving of any previously unpaved portions of a runway, taxiway or holding area if such paving results in any change in airport rating category under 67 Pa. Code § 471.5 as amended, effecting or altering the location or extent of any airport hazard zone;
(4)
Any change of runway direction or alignment;
(5)
Any change in the status of taxiways or holding areas affecting the location or extent of any airport hazard zones;
(6)
Any change in airport rating category under 67 Pa. Code § 471.5 as amended, effecting or altering the location or extent of any airport hazard zone.
(7)
Any other physical, legal or rating change, or change in methods of operation, flight paths or change in instrumentation or technology resulting in a change in the location or extent of any airport hazard zone.
B.
Application contents. The application for conditional use shall contain the following documents and information:
(1)
A full narrative description of the airport and any changes proposed.
(2)
Plans and maps prepared by a registered professional engineer showing the airport and any changes proposed to the airport.
(3)
Plans and maps prepared by a registered professional engineer showing existing and proposed locations of the airport hazard zones.
(4)
Copies of all applications, correspondence, documents, maps or plans submitted to the FAA and the Bureau of Aviation relating to the proposed change or construction, rating change, or other rating, legal or physical change.
(5)
A plan showing how the lands or air rights negatively affected shall be acquired, if necessary.
(6)
A list of the names and addresses of all landowners negatively affected by the proposed airport or change within a height of 75 feet from the surface of said lands by the change in airport hazard zones.
(7)
A list of the names and addresses of all landowners adjoining lands owned or leased by the airport owner.
C.
Engineering review. The Township Engineer shall review the application and report whether the application to the Planning Commission complies with all applicable ordinances, laws and regulations relating to airport hazard zones. The Township Engineer shall also report how the proposed airport or change will affect neighboring landowners and landowners in airport hazard zones. The Township Engineer shall also review and report on expected obstructions to aircraft resulting from the airport or change, and upon the adequacy, feasibility and practicality of the applicant's plan to acquire the necessary air rights.
D.
Notice to FAA, the Bureau of Aviation, and the county. The Zoning Officer shall send a copy of the completed application to the Bureau of Aviation, FAA and the County Planning Department by certified mail, at least 14 days before the date of the hearing.
E.
Criteria to review. In acting on a conditional use, the Supervisors shall consider:
(1)
The effect upon reasonable use of properties affected by the proposal;
(2)
How the applicant plans to acquire any necessary air rights;
(3)
The character of the flying operations expected to be conducted at the airport;
(4)
The nature of the terrain within the airport hazard zone area;
(5)
The character of the community which is affected by the proposal;
(6)
The effect upon roads, development, transportation routes, and other aspects of the Township's Comprehensive Plan;
(7)
The provision of hazard lighting and marking;
(8)
The importance of aircraft safety.
F.
Runway and landing pad setbacks. The edges and ends of any runway and/or helicopter landing pad shall be a minimum of 250 feet from any property line.
§ 180-91 Amusement parks.
The standards in this § 180-91 shall apply to all amusement parks.
A.
Parcel size. A minimum parcel of five acres shall be required.
B.
Structure height. No ride, structure or other amusement attraction shall be located closer to any setback line than the height of said ride, structure or amusement.
C.
Hours of operation. Hours of operation shall be limited to the period between 9:00 a.m. and 11:00 p.m.
§ 180-92 Animal husbandry and crop production.
A.
State-protected agricultural operations. Nothing in this chapter is intended to preclude the rights and protections of bona fide agricultural operations afforded by the Pennsylvania Right To Farm Law, as amended; the Pennsylvania Agricultural Area Securities Law, as amended;[1] and other applicable state statutes. Such rights and protections, in terms of limiting the application of the standards in this Zoning chapter shall be afforded to such uses of land which meet the minimum definition of agricultural use as established by the applicable state statute.
[1]
Editor's Note: See 3 P.S. § 951 et seq. and 3 P.S. § 901 et seq., respectively.
B.
Animal husbandry, commercial.
(1)
Minimum parcel size. The minimum parcel size for animal husbandry shall be 10 acres plus the minimum required lot area required for the district if a dwelling is located on the parcel.
(2)
Setbacks. Any barn or other indoor or outdoor area used for concentrated confinement of animals or manure storage shall not be less than 100 feet from any property line or road right-of-way.
C.
Animal husbandry, home use. A reasonable number of customary domestic animals may be kept on a residential lot without a zoning permit. (See § 180-93 for private horse stables.)
(1)
Reasonable number. Defined as the number of animals an individual can manage within the restrictions of this chapter.
(2)
Confinement/fences. All animals shall be confined within the owner's property. All fences used to confine animals shall maintain a setback of not less than five feet from all property lines.
(3)
Nuisance. All premises shall be subject to all provisions of Chapter 134 (Property Maintenance).
(4)
Hoofed animals. The keeping of cattle, goats, sheep, pigs or other hoofed animals not customarily considered pets shall require a minimum lot area of three acres plus an additional acre for each animal in addition to the first animal.
(5)
Setbacks. Stables, coops, runways or animal exercise pens shall be located more than 50 feet from lot lines or road right-of-way lines. Fences used to define a pasture shall maintain a setback of five feet from all property lines.
D.
Crop production. Crop production shall be permitted in any district on any size of parcel of land.
§ 180-93 Animals, keeping of.
Table 180-93 | |||||
|---|---|---|---|---|---|
Lot Size and Setbacks for Kennels and Stables | |||||
Type of Use | Minimum Lot Size (acres) | Number of Horses per Full Acre | Property Line Setback (feet) | Road* Setback (feet) | Existing Building** Setback (feet) |
Private stables in all districts | 1 | 1 | 50 | 50 | 100 |
Commercial stables/horses for hire (where permitted) | 5 | 2 | 100 | 75 | 100 |
Animal shelters and kennels (where permitted) | 5 | not applicable | 100 | 100 | 200 |
NOTES: | |
|---|---|
* | Applies to any public or private road right-of-way. |
** | Applies to any existing principal residential or commercial building not located on the project premises. |
A.
Animal shelters and kennels.
(1)
Parcel size. A minimum parcel of five acres shall be required.
(2)
Setbacks. Any structure, outdoor kennels, or animal exercise areas used for the keeping of animals shall meet the setbacks on Table 180-93.
(3)
Parking. Adequate off-street parking shall be provided pursuant to this chapter with one space for each nonresident employee and one space per four animals kept on the premises.
(4)
Noise barrier. A noise barrier consisting of a solid fence not less than six feet in height or a dense vegetative planting of not less than six feet in height shall be provided at a distance not to exceed 15 feet and fully encircling all kennel areas or animal exercise areas not enclosed in a building.
(5)
Wastes. All waste materials generated on the premises shall be disposed of at a PA DEP-approved facility, and a detailed plan for the same shall be included with the zoning application. In any case, all animal wastes shall be stored in water-tight containers in an area meeting the setbacks in § 180-93A(2) until disposed of and proof of such disposal shall be provided to the Township upon request.
(6)
Nuisances. All animal wastes shall be stored in an area meeting the setbacks in § 180-93A(2) and shall be disposed of properly. The kennel shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property and shall comply with Chapter 134 (Property Maintenance).
B.
Stables, private. A private stable is permitted as an accessory use to a single-family dwelling in accord with the Schedule of Uses and the following:
(1)
Parcel size. A minimum parcel of one acre shall be required which includes the dwelling.
(2)
Number of horses. One horse may be kept on the initial one acre plus one additional horse for each additional full acre.
(3)
Building size. The building used to house a horse shall meet the most current Society for the Prevention of Cruelty to Animals standards.
(4)
Fences. All horses shall be restricted from grazing or intruding on an adjoining property by adequate fences or other means. All such fences shall maintain a setback of not less than five feet from all property lines.
(5)
Setbacks. Any stable building or corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or manure storage shall meet the setbacks on Table 180-93.
(6)
Existing structures. On parcels meeting the minimum parcel size requirement, the use of an existing structure for housing of horses, where the structure does not meet the required setbacks on Table 180-93, may be permitted as a conditional use provided the applicant can document that no nuisances will be created due to noise, odor or other factors; and the Township can establish adequate conditions to assure the same.
(7)
Nuisances; manure management. The operation of the stable shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property and the applicant shall provide a plan for soil erosion and sedimentation control and manure management for approval by the Township.
(8)
Uses permitted. The following types of uses shall be permitted as part of the operation:
(a)
Breeding, raising, keeping and sale of horses, and necessary buildings and structures.
(b)
Training of horses, and necessary buildings and structures, including facilities for training only, which are set back in accord with Table 180-93.
[Amended 11-16-2017 by Ord. No. 181]
(c)
Boarding of horses.
C.
Stables, commercial. Commercial stables, including horses for hire, shall, in addition to all other applicable requirements of this chapter, comply with the following:
(1)
Parcel size. A minimum parcel of five acres shall be required and a single-family residence for the owner or manager shall be permitted on the premises provided all other provisions of this chapter and other applicable standards are met.
(2)
Number of horses. The number of horses permitted shall not exceed two horses per every full one acre of land.
(3)
Building size. The building used to house the horses shall meet the most current Society for the Prevention of Cruelty to Animals standards.
(4)
Fences. All horses shall be restricted from grazing or intruding on an adjoining property by fences or other means. All such fences shall maintain a setback of not less than five feet from all property lines.
(5)
Parking. Adequate off-street parking shall be provided pursuant to this chapter with one space provided for each non-resident employee and one space per two horses kept on the premises.
(6)
Setbacks. Any stable building or corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or manure storage shall meet the setbacks on Table 180-93.
(7)
Nuisances; manure management. The operation of the stable shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property, and the applicant shall provide a plan for soil erosion and sedimentation control and manure management for approval by the Township.
(8)
Uses permitted. The following types of uses shall be permitted as part of the horse farm operation:
(a)
Breeding, raising, keeping and sale of horses, and necessary buildings and structures.
(b)
Training of horses, and necessary buildings and structures, including facilities for training only, which are set back in accord with Table 180-93.
[Amended 11-16-2017 by Ord. No. 181]
(c)
Boarding of horses, and necessary buildings and structures.
(d)
The hire of horses for riding or other use by persons other than the owners of the horses or the owners' guests.
(e)
Sale of horses other than the horses raised or boarded on the premises.
(f)
Retail sales of any goods or merchandise which are incidental and accessory to the stable use.
D.
Zoos, menageries, and wild and exotic animals. No individual other than a registered veterinarian in the course of his/her professional duties, or a licensed falconer who keeps and maintains only his/her own birds, is permitted to maintain, keep or possess within the Township any wild or exotic animal except in an approved menagerie or zoo. Menageries and zoos shall comply with the following requirements:
(1)
A minimum parcel size of five acres shall be required.
(2)
All animals and animal quarters shall be kept in a clean and sanitary condition. Adequate ventilation shall be maintained.
(3)
The permit holder shall use every reasonable precaution to assure that the animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any means.
(4)
Animals which are enemies by nature or are temperamentally unsuited shall not be quartered together or so near each other as to cause the animals fear or to be abused, tormented or annoyed.
(5)
The permit holder shall maintain the premises so as to eliminate offensive odors or excessive noise.
(6)
The permit holder shall not permit any condition causing disturbance of the peace and quiet of neighbors.
(7)
Animals must be maintained in quarters so constructed as to prevent their escape. The permit holder assumes full responsibility for recapturing any animal that escapes from the premises. The permit holder shall make adequate provisions and safeguards to protect the public from the animals.
(8)
The operation shall conform to all applicable local, state and federal laws and regulations.
(9)
Any building, corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or animal waste storage shall not be located within 125 feet of any adjoining property line and 100 feet from any public or private road right-of-way.
(10)
The applicant shall provide for adequate disposal of all any waste materials generated on the premises, and a detailed plan for the same shall be included with the zoning application.
§ 180-94 Archery ranges, outdoor commercial.
This § 180-94 is intended to provide minimum standards to regulate commercial outdoor archery ranges (hereinafter referred to as "ranges") in order to protect neighboring property owners and the public at large from dangers of wild or ricocheting projectiles and from excessive noise and other nuisances.
A.
Setbacks. All outdoor archery ranges shall be situated not less than 200 feet from any property line and not less than 300 feet from any principal residential or commercial structure existing on the effective date of this § 180-94. This shall not apply to structures on the same parcel as the shooting range.
B.
Safety design. All ranges shall be designed and constructed with safety facilities to prevent accidental wild or ricocheting and stray arrows and prevent any projectile from leaving the site. The Township may require such additional safety features deemed necessary to meet the intent of this § 180-94. Such features may include, but shall not be limited to, increased setbacks, earthen berms and setbacks, range orientation, and a limitation of hours of operation.
C.
Hours of operation. No arrow shall be discharged outdoors between the hours of dusk and dawn. However, the Township may establish more restrictive time limits as a condition of approval.
D.
Fence. Security fencing may be required by the Township of such extent and design to restrict accidental access to any range.
E.
Posting. A three-hundred-foot perimeter around any outdoor range shall be posted with warning signs to adequately inform anyone entering the area.
F.
NFAA guidelines, state and federal regulations. The applicant shall provide evidence of compliance with any applicable National Field Archery Association guidelines and state and federal regulations.
§ 180-95 Bed-and-breakfast establishments.
A.
Parking. Adequate off-street parking, paved per § 180-24J, shall be provided in accord with this chapter with the minimum number of parking spaces provided as follows: one space for each rentable room, one space for each nonresident employee, and two spaces for the dwelling unit.
B.
Number of rooms. Not more than five rentable rooms shall be provided in the establishment.
C.
Supervision. The owner or manager of the bed-and-breakfast shall reside on the premises.
D.
Nonconforming lots. Bed-and-breakfast establishments shall not be permitted on lots which are nonconforming in minimum area.
E.
Food services. Food service shall only be provided to overnight bed-and-breakfast guests.
§ 180-97 Bulk fuel storage facilities.
Bulk fuel storage facilities shall comply with this § 180-97. The Township shall establish, as part of the conditional use process, such other conditions such as increased setbacks and construction of dikes as necessary to protect the public health safety and welfare.
A.
Parcel size. Bulk fuel storage facilities shall be located on a tract of land not less than five acres in area.
B.
Setbacks. Storage tanks shall be located not less than 150 feet from any property line or any road or street right-of-way line. Cylinder filling rooms, pumps, compressors and truck filling stations shall be located not less than 200 feet from any property line and not less than 150 feet from any road or street right-of-way line.
C.
Fence. The total tank storage area shall be entirely fenced with an eight-foot-high industrial type security fence or have an equivalent protection barrier approved by the Township.
§ 180-98 Camps/retreats.
Camps/retreats shall be designed in accord with the general, four-step and conservation open space design standards in § 153-45, § 153-46 and § 153-47, respectively, of Chapter 153 (Subdivision and Land Development) and shall comply with the following:
A.
Parcel size. The minimum parcel size shall be 100 acres in the R-1 District and R/RC District and 20 acres in the OS District.
B.
Density. The maximum number camp/retreat lodging units, including any owner/operator and caretaker units, shall not exceed one unit per 1.5 acres of adjusted tract area calculated per § 180-32C.
C.
Occupancy. Camp/retreat lodging units shall be used only for transient occupancy (see definition in § 180-12). However, one dwelling unit may be provided for a permanent residence for the owner/operator of the facility and one dwelling unit may be provided for a permanent residence for a caretaker.
D.
Subdivision of lots. All camp/retreat lodging units and any owner/operator or caretaker dwelling unit shall be located on the overall camp/retreat parcel. The subdivision or any lease constituting a subdivision of any lot or area containing any lodging or dwelling unit associated with the facility shall be subject to Chapter 153 (Subdivision and Land Development) and all other applicable regulations.
E.
Camp/retreat lodging units.
(1)
Each camp/retreat lodging unit shall form a single, habitable unit with facilities used for temporary living, sleeping, cooking and eating by one family or group constructed in accord with PA UCC requirements.
(2)
Camp/retreat lodging units may be located in single-unit detached or multiunit structures.
F.
Recreational vehicles. The use of recreational vehicles as camp/retreat lodging units shall not be permitted.
G.
Setbacks and building separation.
(1)
No lodging or dwelling unit or principal or accessory building or structure shall be less than 200 feet from any public road and not less than 100 feet from an adjoining property line.
H.
Facilities.
(1)
Facilities for indoor recreation and learning and for outdoor activities such as hunting, fishing, hiking, bicycling, baseball, zip lines and swimming shall be permitted. Use of recreational facilities shall be limited to the users of the camp/retreat lodging units.
I.
Land development plan.
(1)
A land development plan meeting the requirements of Chapter 153 (Subdivision and Land Development) shall be required.
(2)
The plan shall show the area where all existing dwelling units and structures are located and the area where additional lodging and dwelling units are proposed.
(3)
The number of lodging and dwelling units proposed for the identified area shall be specified, but need not be specifically located on the land development plan.
(4)
The plan shall include all proposed access roads, stormwater facilities, sewage disposal and other improvements required to service the proposed units.
(5)
The specific location of each unit shall be identified at the time of application for zoning and building permits.
J.
Internal roads. Roads serving the camp/retreat and all lodging and dwelling units shall be constructed to the requirements applicable to private access streets in Chapter 153 (Subdivision and Land Development); however, paving shall not be required and the base course of PennDOT No. 2A Aggregate shall be increased to eight inches.
§ 180-99 Commercial communication devices.
The requirements in this § 180-99 shall apply to commercial communication devices (CCD), including, but not limited to, cellular phone antennae, antennae for communication service regulated by the PA Public Utility Commission, and other commercial antennae and associated facilities.
A.
Purposes.
(1)
To accommodate the need for communication devices while regulating their location and number in the Township in recognition of the need to protect the public health, safety and welfare.
(2)
To minimize the adverse visual effects of communication devices and support structures through proper design, siting and vegetative screening.
(3)
To avoid potential damage to adjacent properties from communication device support structure failure and falling ice, through engineering and proper siting of support structures.
(4)
To encourage the joint use of any commercial communication device support structures and to reduce the number of such structures needed in the future.
B.
Permits; use regulations. A permit shall be required for every CCD and support structure installed at any location and the following use regulations shall apply:
(1)
Existing tall structures. A CCD site with a CCD that is attached to an existing communications tower, smoke stack, water tower, or other tall structure where the height of the CCD does not exceed the height of the existing structure by more than 15 feet shall be permitted in all districts as an accessory use and conditional use approval shall not be required. Any subsequent installations above the initial fifteen-foot height increase shall be a conditional use. The applicant shall provide the following information:
(a)
Evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(b)
Detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township for compliance with the applicable requirements.
(c)
Evidence of recorded agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the CCD and associated equipment can be accomplished.
(2)
New structures and CCD exceeding 15 feet on existing structures. A CCD site with a CCD that is either not mounted on an existing structure, or is more than 15 feet higher than the structure on which it is mounted shall be permitted only in accord with the Schedule of Uses and shall require approval in accord with this § 180-99.
(3)
Associated use. All other uses ancillary to the CCD (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the CCD site, unless otherwise permitted in the zoning district in which the CCD site is located. This shall not prohibit the installation as accessory structures of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the CCD.
(4)
CCD as a second principal use. A CCD shall be permitted on a property with an existing use subject to the following land development standards:
(a)
The CCD facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.
(b)
The minimum lot area, minimum setbacks and maximum height required by this chapter for the CCD and support structure shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.
(c)
The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(d)
The applicant shall present documentation that the owner of the property has granted an easement filed of record or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility.
C.
Standards.
(1)
Location requirement and number. The applicant shall demonstrate to the satisfaction of the Township, using technological evidence, that the CCD and support structure must go where it is proposed, in order to satisfy its function in the company's grid system. The number of CCD to be installed at a site by an applicant may not exceed the current minimum necessary to ensure the adequacy of current service required by the Federal Communications Commission (FCC) license held by that applicant. The applicant shall provide information on the general location of other towers/sites planned for the region.
(2)
Co-location; new tower. If the applicant proposes to build a tower (as opposed to mounting the CCD on an existing structure), the Township may require the applicant to demonstrate that it contacted in writing the owners of tall structures within a five-mile radius of the site proposed, asked for permission to install the CCD on those structures, and was denied. This would include smoke stacks, water towers, tall buildings, CCD support structures of other cellular phone companies, other communications towers (fire, police, etc.) and other tall structures. The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the CCD on an existing structure thereby documenting that there exists no other support structure which can reasonably serve the needs of the owner of the proposed CCD. A good faith effort shall demonstrate that one or more of the following reasons apply to a particular structure:
(a)
The proposed equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
Addition of the proposed equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the federal communications commission governing human exposure to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with the owners of such structures.
(3)
CCD height. The applicant shall demonstrate that the CCD is at the minimum height required to function satisfactorily and provide adequate height for five service providers, but in no case shall the tower exceed a height of 200 feet. The Township may require the tower to be designed and constructed to be stackable (structurally capable of being increased in height) so that additional antennae arrays can be accommodated in addition to the arrays on the original tower to facilitate future co-location. CD equipment buildings shall comply with the accessory structure height limitations of the applicable zoning district. The Township may require stealth design (typically resembling a common tree) to ensure that the CCD is compatible with the surrounding landscape.
(4)
Setbacks. If a new CCD support structure is constructed (as opposed to mounting the CCD on an existing structure) or if the CCD height exceeds the height of the existing structure on which it is mounted by more than 15 feet, the minimum setbacks in this § 180-99C(4) shall apply.
(a)
Separate parcel. If the parcel on which the CCD and support structure is a separate and distinct parcel, the distance between the base of the support structure and any adjoining property line shall not be less than the height of the CCD structure plus the normal setback for the district. The setback for equipment containers, other accessory structures and guy wire anchors shall be a minimum of 30 feet.
(b)
Lease, license or basement. If the land on which the CCD and support structure is leased, or is used by license or easement, the setback for any part of the CCD, the support structure, equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, the distance between the base of the support structure and any adjoining property line (not lease, license or easement line) shall not be less than the height of the CCD structure plus the normal setback for the district.
(5)
CCD support structure safety. The applicant shall demonstrate that the proposed CCD and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed CCD and support structure will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of any applicable building code. Within 45 days of initial operation, the owner and/or operator of the CCD and support structure shall provide a certification from a Pennsylvania registered professional engineer that the CCD and support structure comply with all applicable regulations.
(6)
Fencing; guy wires.
(a)
A fence shall be required around the CCD support structure, guy wire anchors and other equipment, unless the CCD is mounted on an existing structure. The fence shall be a minimum of eight feet and a maximum of 10 feet in height.
(b)
All guy wires shall be marked or colored to be clearly visible and shall not be artificially illuminated unless required by the FAA or FCC.
(7)
Landscaping. Landscaping may be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general buffer the CCD and support structure site from neighboring properties. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping. If the CCD is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(8)
Co-location; other uses. In order to reduce the number of CCD support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including but not limited to other cellular phone companies, and local fire, police, and ambulance companies. The applicant shall provide evidence of written contact with all wireless service providers who supply service within the Township for the purpose of assessing the feasibility of co-located facilities. The applicant shall provide a letter of intent committing the CCD owner and his/her or its successors to allow the shared use of the communication tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. The proposed structure, if evidenced by need as determined by the Township, shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities.
(9)
Licenses; other regulations; insurance. The applicant must demonstrate that it has obtained the required licenses from the Federal Communications Commission, the Pennsylvania Public Utility Commission and other agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the CCD; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the CCD and support structure.
(10)
Access. Access to the CCD and support structure shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length.
(11)
Color and lighting; FCC and PA DOT notice. CCD support structures under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, those near airports, or those which are otherwise subject to Federal Aviation Administration (FAA) regulations shall comply with the said regulations. No CCD support structure may be artificially lighted except in accord with Federal Aviation Administration requirements. The applicant shall provide a copy of the response to Notice of Proposed Construction or Alteration forms submitted to the FAA and PA DOT Bureau of Aviation, and the CCD and support structure shall comply with all FAA and PA DOT requirements.
(12)
Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.
(13)
Historic structures. A CCD shall not be located on a building or structure that is listed on a historic register or within 500 feet of such a structure.
(14)
Maintenance; discontinued use.
(a)
The CCD, support structure and any accessory structure shall be maintained and kept in a state of repair so that the same do not constitute a nuisance or hazard to the health or safety of the community or nearby residents or properties.
(b)
Should any CCD or support structure cease to be used as a communications facility, the owner or operator or then owner of the land on which the CCD and support structure is located, shall be required to remove the same within 180 days of the cessation of use. Failure to do so shall authorize the Township to remove the facility and assess the cost of removal to the foregoing parties. A copy of the relevant portions of any signed lease, license or other agreement or conveyance which requires the applicant to remove the facilities upon cessation of operations at the site shall be submitted at the time of application. The Township may also require a financial guarantee from the applicant for the removal of the structure, such guarantee in an amount deemed adequate by the Township and in a form approved by the Township Solicitor.
(15)
Fire suppression system. The applicant shall provide details about any fire suppression system installed in any accessory structure or equipment container associated with the CCD.
(16)
Application. As part of the application the applicant shall also submit the following supplemental information:
(a)
A copy of the FAA's response to the submitted Notice of Proposed Construction or Alteration (FAA Form 7460-1).
(b)
Proof of compliance with applicable FCC, FAA, Commonwealth Bureau of Aviation and any applicable airport zoning regulation.
(c)
Proof that the proposed CCD does not interfere with public safety telecommunications as verified by an intermodulation study and/or other appropriate study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.
(d)
A plot drawn to scale showing property boundaries, power locations, CCD height, guy wires and anchors, existing structures, elevation drawings and depicting typical design of proposed structures, parking, fencing, landscaping, and existing uses on adjacent property.
(e)
Name and address of the owners of the CCD and all equipment to be located at the site.
(f)
Copy of the valid FCC license for the proposed activity or proof that the applicant is the winning bidder for an FCC license at auction and that the final issuance of the FCC license purchased at auction is pending.
(g)
A written agreement signed by the applicant and owner of the property to remove the CCD within 180 days of cessation of use, which written agreement, including financial guaranties, shall be in a form acceptable to the Township.
(h)
Written certification from the applicant and its engineer that the proposed CCD could not be placed on an existing CCD or facility under the control of the applicant and function under applicable regulatory and design requirements without unreasonable modification.
(i)
A letter of intent committing the CCD owner and the common carriers using the CCD and their respective heirs, personal representatives, successors, and assigns to allow the Township and any other governmental agency to utilize the CCD to facilitate emergency equipment upon reasonable terms and conditions and to allow use of the CCD in the event of an emergency.
(j)
Any and all permits and/or approvals required from any and all local state and federal authorities must be obtained by the applicant and copies of same provided to the Township.
§ 180-100 Concentrated animal feeding operations (CAFO).
This § 180-100 is intended to provide standards for industrial-like agricultural operations with animal densities which are likely to create effects on the environment and community which exceed those effects normally associated with typical farming. It is not intended to supersede the Pennsylvania Nutrient Management Act[1] in terms of regulation of the storage, handling or land application of animal manure or nutrients or the construction, location or operation of facilities used for the storage of animal manure or nutrients or practices otherwise regulated by the Act. The definitions and calculations in this section are intended to be consistent with the Nutrient Management Act and all information and studies required by this section shall, at a minimum, include the information required by the Act.
A.
Compliance. Concentrated animal feeding operations shall, in addition to all other applicable requirements, comply with this § 180-100.
B.
Definition. Any livestock operation which is defined as a concentrated animal feeding operation by Commonwealth of Pennsylvania regulations shall be considered a concentrated animal feeding operation for regulation by this chapter.
C.
Standards. The following standards shall be applied to all CAFOs and no approval shall be granted until all required information and plans have been submitted by the applicant and have been approved by the Township. Failure of the applicant to implement any of the required plans shall constitute a zoning violation subject to the penalties and remedies contained in this chapter.
(1)
Setbacks. CAFO buildings and corrals used for housing or confinement of animals shall not be less than 250 feet from any property line and not less than 500 feet from any existing principal building not located on the land with the CAFO.
(2)
Nutrient management. A nutrient management plan shall be prepared in accord with the requirements of Title 25, Chapter 83, Subchapter D, Pennsylvania Code.
(3)
Stormwater management. A stormwater management plan shall be prepared meeting the requirements of Chapter 153 (Subdivision and Land Development).
(4)
Conservation. A conservation plan shall be prepared meeting the requirements of the County Conservation District.
(5)
Buffer. A buffer plan shall be prepared in accord with § 180-60 to minimize CAFO visibility from adjoining properties and minimize sound and odor emanating from the property.
(6)
Solid and liquid wastes. Solid and liquid wastes shall be disposed of in a manner to avoid creating insect or rodent problems, and an insect/rodent abatement plan shall be prepared.
(7)
Operation and management. The applicant shall demonstrate that they will meet the operational and management standards as may be set forth in treatises recognized by agricultural authorities or as the same may be produced by the Pennsylvania Department of Agriculture, Department of Environmental Protection, Pennsylvania State University, College of Agricultural Sciences, or similar entity.
(8)
Odor. The applicant shall prepare an odor abatement plan and document the ability to comply with the plan. It is recognized that certain agricultural activities do produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan shall include such steps as may be necessary to abate odors or to allow odors at times to minimize interference with the public health, safety and welfare.
(9)
Pesticides. The applicant shall document that the use of pesticides will meet state and federal requirements.
(10)
Floodplain. No CAFO buildings shall be erected in the FEMA-defined one-hundred-year floodplain.
[1]
Editor's Note: The Nutrient Management Act, 3 P.S. § 1701 et seq., was repealed by 2005, July 6, P.L. 112, No. 38, § 3. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
§ 180-101 Contractor yards and staging areas for equipment/materials.
The intent of this § 180-101 is to provide standards for access to public roads and setbacks for contractor yards and staging areas for equipment/materials.
A.
Access to public roads.
(1)
Highway occupancy permit. Access roads to Township and state roads shall be in accord with a valid highway occupancy permit.
(2)
Stabilization. The access road shall be adequately stabilized with stone, shale or other material to minimize soil erosion and the tracking of mud onto the public road.
(3)
Weight limitations. All operations shall comply with all posted weight limits and road bonding regulations.
(4)
Access routes; road conditions. The applicant shall provide a map showing the public roads in the Township proposed to be used to access the operation and provide an evaluation of the condition of any Township road which will be used and the potential damage which may occur from such use. The applicant shall also comply with the Township road bonding requirements.
B.
Setbacks.
(1)
Residential and nonresidential buildings. Contractor yards and staging areas for equipment/materials shall not be less than 300 feet from any existing principal residential, commercial, institutional, public or semipublic building, other than such building located on the property on which the facility is located.
(2)
Property lines. Contractor yards and staging areas for equipment/materials shall not be less than 50 feet from any property line other than a property line along a public road right-of-way.
(3)
Public roads. Contractor yards shall not be less than 50 feet from any public road right-of-way.
(4)
Streams, water bodies and wetlands. Contractor yards and staging areas for equipment/materials shall not be less than 100 feet from any stream, water body or wetland.
(5)
Slope. Contractor yards and staging areas for equipment/materials shall be located on slopes of less than 8%. Low spots and poorly drained places shall be avoided.
§ 180-102 Correctional facilities.
The requirements of this § 180-102 shall apply to correctional facilities.
A.
Parcel size. In order to provide an adequate buffer area for adjoining private property owners, the site shall contain a minimum of 10 acres.
B.
Site design standards. The site shall be improved in accordance with the following minimum requirements:
(1)
The building and all secure areas shall not be less than 200 feet from any property line and the right-of-way line of any abutting public road, and 500 feet from any:
(a)
Residence.
(b)
Group care facility.
(c)
Commercial enterprises catering primarily to persons under 18 years of age.
(d)
Public or semipublic building.
(e)
Public park or public recreation facility.
(f)
Health facility.
(g)
House of worship or related use, or other similar religious facility.
(h)
Public or private school.
(2)
A perimeter security fence, of a height and type determined by the Township, may be required.
C.
Security. All applications for institutions shall include a plan addressing security needs to protect the health and safety of the public as well as residents of the proposed facility. Such plan shall include a description of the specific services to be offered, types of residents to be served, and the staff to be employed for this purpose. The plan shall identify the forms of security normally required with care of the type to be offered and detail the specific measures to be taken in the construction, development and operation of the facility so as to provide appropriate security. The plan shall, at a minimum, reasonably restrict unauthorized entry and/or exit to and from the property and provide for effective separation from adjoining residences by means of fencing, signs or a combination thereof. The plan shall also address measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.
D.
Accessory uses and ancillary activities. Accessory uses permitted in conjunction with an institution shall include laboratories, offices, snack bars, educational facilities and programs, vocational training facilities and programs, recreational and sports facilities and other accessory uses ordinarily provided in conjunction with such institutions.
§ 180-104 Distribution centers/truck terminals.
[Amended 11-16-2017 by Ord. No. 181]
The requirements in this § 180-104 shall apply to distribution centers/truck terminals.
A.
Lot size and width. A minimum size lot of 50 acres shall be required with a minimum width of 250 feet.
B.
Setbacks. All activities including storage or parking of vehicles and materials shall be set back from public roads and all lot lines a minimum of 50 feet.
C.
Access. The site shall have direct access to Route 940 only.
§ 180-105 Explosives and fireworks plants or storage facilities.
Explosives plants or storage facilities and fireworks plants or storage facilities (referred to as "facilities") shall be allowed only in those districts as specified in the Schedule of Uses. In addition to all other applicable standards of this chapter, the following shall apply.
A.
Setbacks. Setbacks for the facilities shall comply with state and federal regulations. Ancillary facilities such as offices, employee parking, truck parking and loading and accessory structures and uses shall comply with the buffer requirements in § 180-105B.
B.
Buffer.
(1)
Buffer required. An undisturbed area of not less than 50 feet in width shall be maintained along all property lines and road rights-of-way to provide a buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads and required utilities and discharge/intake lines. In determining the type and extent of the buffer required, the Township shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.
(2)
Buffer in setback area. Any required landscaped buffer may be installed in the setback area, and shall consist of trees, shrubbery and other vegetation and shall be a minimum of 25 feet wide.
(3)
Buffer design. Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in the Subdivision and Land Development Ordinance.
(4)
Maintenance. It shall be the responsibility of the applicant and/or operator and/or property owner to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
C.
Parking and staging areas. Adequate vehicle parking and staging areas for all facilities shall be provided on site to prevent parking or staging on any public road right-of-way.
D.
Local, state and federal regulations. The facilities shall comply with all applicable local, state and federal laws and rules and regulations. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations.
E.
Informational requirements.
(1)
Application information. The applicant and/or operator for all facilities shall provide the information required by this § 180-105E, all other application information required by this chapter, and all other necessary information to enable the Township to determine compliance with this chapter.
(2)
Hazardous materials inventory. An inventory of hazardous materials, a drawn-to-scale site plan of their locations, and a brief explanation of the hazards involved, are submitted for use by public safety officials.
(3)
DEP application information. A copy of all applications and information required by the applicable Pennsylvania Department of Environmental Protection (DEP) rules and regulations.
F.
Reporting requirements. For any facility approved by the Township, the operator shall submit to the Township copies of all DEP-required or DEP-issued documents and reports associated with the operation, within 15 days of the date of the document or report.
§ 180-106 Forestry.
See Chapter 106 (Forest Management).
§ 180-107 Gaming establishments.
The requirements in this § 180-107 shall apply to gaming establishments.
A.
Separation. A gaming establishment shall not be permitted within 300 feet of any other separately deeded lot containing a gaming establishment. The distance between any two such facilities shall be measured in a straight line, without regard to intervening structures, from the closest points on each of the exterior lot lines of the separately deeded lots upon which each facility is located.
B.
Setbacks. No gaming establishment shall be located on the same separately deeded lot or within 300 feet of any separately deeded lot which contains any one or more of the following uses. The distance between any such facility and any listed use shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of the separately deeded lot on which the facility is located to the closest point of the property line of the listed use.
(1)
Children's camp/retreat.
(2)
Child day-care facility.
(3)
House of worship or related use, or other similar religious facility.
(4)
Community center.
(5)
Museum.
(6)
Parks and playgrounds.
(7)
School or any kind of educational institution that provides instructions to minors.
(8)
Other lands where minors congregate.
(9)
Any residential use.
C.
One facility per building. No more than one gaming establishment may be located within one building or be located on the same separately deeded lot.
§ 180-109 Industrial wastewater treatment facilities and water withdrawal facilities.
Industrial wastewater treatment facilities and water withdrawal facilities (referred to as "facilities") shall comply with this § 180-109.
A.
Setbacks. The following setbacks shall be maintained for the facilities and any truck parking or staging areas. Ancillary facilities such as offices, employee parking, and accessory structures shall comply with the buffer requirements in § 180-109B.
(1)
Property lines, road rights-of-way. Two hundred feet to adjoining properties and public road rights-of-way.
(2)
Residential structures. Three hundred feet to any existing residential structure not located on the project parcel.
(3)
Water bodies. Two hundred feet to any body of water, perennial or intermittent stream, or wetland. This shall not apply to any required discharge or intake structures or facilities at the receiving stream or water supply.
B.
Buffer.
(1)
An undisturbed area of not less than 50 feet in width shall be maintained along all property lines and road rights-of-way to provide a buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads and required utilities and discharge/intake lines. In determining the type and extent of the buffer required, the Township shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.
(2)
Any required landscaped buffer may be installed in the setback area, shall consist of trees, shrubbery and other vegetation, and shall be a minimum of 25 feet wide.
(3)
Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 153 (Subdivision and Land Development).
(4)
It shall be the responsibility of the applicant and/or operator and/or property owner to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
C.
Parking and staging areas. Adequate vehicle parking and staging areas for all facilities shall be provided on site to prevent parking or staging on any public road right-of-way.
D.
Local, state and federal regulations. The facilities shall comply with all applicable local, state and federal laws and rules and regulations. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations.
E.
Informational requirements.
(1)
Application information. The applicant and/or operator for all facilities shall provide the information required by this § 180-109E, all other application information required by this chapter, and all other necessary information to enable the Township to determine compliance with this chapter.
(2)
DEP application information. A copy of all applications and information required by the applicable Pennsylvania Department of Environmental Protection (DEP) rules and regulations.
(3)
Conditions. The findings of the Township based on this information shall serve as a basis for the establishment of conditions.
F.
Reporting requirements. For any facility approved by the Township, the operator shall submit to the Township copies of all DEP-required or DEP-issued documents and reports associated with the operation, within 15 days of the date of the document or report.
§ 180-111 Junkyards.
This § 180-111 shall apply to junkyards and changes and expansions of nonconforming junkyards.
A.
Property owner responsibility. It shall be the ultimate responsibility of the property owner of the premises upon which any junk is situated and the owner of any such junk to comply with this chapter; and to provide for the removal of such junk and remediation of any environmental problems associated with any junk.
B.
Operating standards. All junkyards shall be established, maintained, and operated in accord with the following standards:
(1)
Federal and state regulations. Any junkyard located adjacent to a federal aid highway shall comply with all regulations of the Federal Highway Administration, and all junkyards shall meet the licensing and screening requirements of the Commonwealth of Pennsylvania.
(2)
Fencing. All junkyards shall be completely enclosed by a chain link fence not less than eight feet in height. All fences and gates shall be maintained in good repair and in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence. The foregoing fencing provisions shall be applicable only to that portion of the premises being immediately used for the storage of junk and shall not be applicable to the balance of the property owned or used by said junkyard operator so long as said remaining portion of land is not being used for the storage of junk.
(3)
Screening. All junkyards shall be screened, to the satisfaction of the Township, from any adjoining or neighboring property, any public road right-of-way, or any other premises; and natural vegetative cover shall be maintained in all required setback areas. Vegetative plantings of sufficient height and density, berms, topography or fencing of such design may be used to effect the required screening as determined by the Township. All screening shall be maintained in such fashion as to continue to provide the required screening.
(4)
Setbacks. The fence enclosing any junkyard and any structures associated with the junkyard shall be located not less than 50 feet from any public road right-of-way, 50 feet to any property line and 200 feet from any adjoining zoning district.
(5)
Dumping. The area used for a junkyard shall not be used as a dump area for any solid waste as defined by this chapter.
(6)
Burning. No burning whatsoever shall be permitted on the premises.
(7)
Water bodies. No junkyard shall be located less than 200 feet from any body of water, stream, wetland or well.
(8)
Hazardous materials. In cases where the junkyard includes 10 or more junk vehicles or where the Township deems it necessary to meet the intent of this chapter, and to further protect groundwater and surface water, all batteries, coolants, gasoline, diesel fuel, engine oil, any other petroleum products and any other noxious or potentially contaminating materials must be removed from all junk within two working days after arrival to the premises and shall be disposed of in a manner meeting all state and federal requirements. Such liquids and materials, while stored on the premises, shall be kept separately in leak-proof containers at a central location on the premises.
(9)
Water quality. In cases where the junkyard includes 10 or more junk vehicles or where the Township deems it necessary to meet the intent of this chapter, the owner of any junkyard shall be required to monitor the ground and surface water in the vicinity of the junkyard. Water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area used for the storage of junk if water drainage from the junkyard area is to said stream. For each testing period, two samples shall be collected; one sample shall be taken from the stream at a point upstream of the junkyard drainage area and one sample shall be taken from the stream at a point below the junkyard drainage area. In addition, the well located on the premises shall also be sampled every three months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Township, and results shall be provided to the Township. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the junkyard shall cease operation until such time as the source of the contamination has been identified and corrected in accord with DEP requirements.
(10)
Fire lanes. Fire lanes of a minimum width of 20 feet shall be maintained so that no area of junk shall span a distance of more than 50 feet.
(11)
Hours of operation. Any activity associated with the operation of the junkyard that produces any noise audible beyond the property line shall be conducted only between the hours of 7:00 a.m. and 8:00 p.m. During business hours, an adult attendant shall, at all times, remain on the premises.
(12)
Stacking of junk. Junk vehicles or major parts thereof shall not be stacked on top of any other junk vehicle or major part. No junk shall be stacked or piled to a height of greater than six feet.
(13)
Nuisances. All premises shall, at all times, be maintained so as not to constitute a nuisance, or a menace to the health, safety, and welfare of the community or to the residents nearby, or a place for the breeding of rodents and vermin. Within two days of arrival on the premises, all glass shall be removed from any broken windshield, window or mirror, and all trunk lids, appliance doors and similar closure devices shall be removed. Grass and weeds on the premises shall be kept mowed.
(14)
Waste. Waste shall not be stored outside and shall not be accumulated or remain on any premises except temporarily awaiting disposal in accord with this chapter. No junkyard shall be operated or maintained in violation of any state or federal regulations governing the disposal of any solid or liquid waste.
(15)
Fire-resistant structures. Every structure erected upon the premises and used in connection therewith shall be of fire-resistant construction.
§ 180-112 Large-scale retail/commercial land development.
A.
General provisions.
(2)
Intent.
(a)
This § 180-112 addresses the physical relationship between large-scale retail/commercial land development and adjacent properties, public roads, neighborhoods, and natural features, in order to implement the Township's vision for an attractive, efficient, and livable community as described in the Comprehensive Plan.
(b)
The general intent of this § 180-112 is to promote sustainable business development by providing and requiring a unified and organized arrangement of buildings, signs, service and parking areas, together with adequate off-street circulation among neighboring businesses and harmoniously landscaped open space, planned and designed as an integrated unit, and in a manner so as to provide an efficient, safe, convenient and attractive shopping and service areas in an area of the Township accessible to a regional road system. More specifically, large-scale retail/commercial development shall:
[1]
Create safe, efficient and separate pedestrian and vehicular circulation patterns;
[2]
Protect existing residential areas from incompatible land uses;
[3]
Result in well-planned and well-designed development in scale and character with the setting;
[4]
Minimize the conflict between nonresidential and residential uses;
[5]
Manage access along the Township's commercial road frontages;
[6]
Enhance streetscapes along road corridors and monitor and control billboards and other large signs;
[7]
Provide for the extension of existing and future planned pedestrian and bicycle systems through commercial areas in the Township;
[8]
Accommodate planned interconnected Township and regional open space within commercial areas;
[9]
Protect large trees and other natural resources in accordance with the conservation design process in Chapter 153 (Subdivision and Land Development); and
[10]
Protect property values.
B.
Land development standards.
(1)
Intensity of development, area and bulk regulations. Intensity of development shall be determined by meeting all standards herein, as well as all requirements of the zoning district in which the tract is located and the applicable requirements of Chapter 153 (Subdivision and Land Development).
(2)
Traffic design. Large-scale retail/commercial land developments shall comply with the traffic and circulation design standards in Chapter 153 (Subdivision and Land Development).
(3)
Pad sites as part of large-scale retail/commercial development. For pad site buildings located within 150 feet of a perimeter road of any classification, parking and aboveground utilities including mechanical equipment and trash collection areas shall be prohibited between the building and the road, but driving aisles shall be permitted between the building and the road.
(4)
Common open space. Common open space shall be provided in accordance with the recreation land dedication requirements of Chapter 153 (Subdivision and Land Development).
(a)
The common open spaces shall follow the design requirements in Chapter 153 (Subdivision and Land Development).
(b)
In calculating common open space as required by Chapter 153 (Subdivision and Land Development), the following standards shall apply:
[1]
Areas not credited. Lands within the following areas shall not be counted towards the required common open space or pedestrian amenities:
[2]
Dimensional requirements. Common open space areas shall have a minimum area of 300 square feet and in no case shall the length or width be less than 10 feet. Common open space shall not exceed 20,000 square feet except where continuing an adjacent trail, park, or continuation of open space land.
(5)
(Reserved)
(6)
Outdoor display, storage and sales areas. Such areas shall be permitted only where clearly depicted and labeled on the approved land development plan.
(a)
Outdoor display areas. All exterior display areas shall be separated by a minimum of 10 feet from motor vehicle routes by a physical barrier visible to drivers and pedestrians. A minimum walkway width of 10 feet shall be maintained between the display items and any vehicle drives.
(b)
Outdoor storage areas. Such areas include exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, and all other exterior stored items. Such outdoor storage uses and areas shall be appropriately screened as required by § 180-60.
(c)
Outdoor sales areas.
[1]
Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment.
[2]
Outdoor sales areas shall be incorporated into the overall design of the building and the landscaping and shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building.
[3]
If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade.
(9)
Screening. In addition to the requirements in this § 180-112B(9) and § 180-60, screening shall also meet the requirements of Chapter 153 (Subdivision and Land Development). In the case of conflict, the more restrictive shall apply.
(a)
Mechanical equipment.
[1]
All ground-mounted and wall-mounted mechanical equipment and any permitted outdoor storage shall be fully screened from on-site and off-site ground level views, with building materials identical to or of equal quality to those used on the building exterior.
[2]
All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs to not be visible from public streets adjacent to or within 1,000 feet of the subject property. Fences, chain link, wire mesh or wood or similar rooftop screening devices may not be used to meet this requirement.
(b)
Loading docks. Loading docks shall be screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. Landscaping shall meet the requirements of § 180-61 and Chapter 153 (Subdivision and Land Development).
C.
Signs. All signs shall comply with the regulations in Article XI.
D.
Discontinued use. Should any large-scale retail/commercial building cease to be used, the owner or operator or then owner of the land on which the building is located, shall be required to remove the same within five years from the abandonment of use. Failure to do so shall authorize the Township to remove the building and assess the cost of removal to the foregoing parties. The Township may also file a municipal lien against the land to recover the costs of removal and attorney's fees. In addition, at the time of zoning permit issuance for any large-scale retail/commercial building, the Township shall require a financial guarantee, in a term, form and amount determined by the Board of Supervisors with the advice of the Township Solicitor, to guarantee the removal of the building.
§ 180-113 Marinas, commercial.
This § 180-113 shall apply to marinas.
A.
Parcel Size. A minimum parcel size of two acres shall be required.
B.
Docks and rafts. Docks and rafts shall be permitted as accessory structures extending from the waterfront property line of the property into the water of a lake, stream, creek, or river, provided all regulations of the Pennsylvania Department of Environmental Protection and the U.S. Army Corps of Engineers for structures are met and provided that no such dock or raft shall be larger than 150 square feet, wider than 20 feet, or higher than two feet above the water level. Docks and rafts shall meet the following requirements:
(1)
Docks shall meet zoning district side setback requirements for principal structures.
(2)
A letter of permission shall be required from the lake property owner upon which the dock will encroach.
(3)
A Department of Environmental Protection obstruction permit shall be required.
(4)
All necessary zoning and Uniform Construction Code permits shall be required.
(5)
Boat houses or elevated decks shall be prohibited.
C.
Portable boat racks.
(1)
Height. Portable racks for the storage of boats shall not be used to store more than two tiers of boats; and may not exceed a total height, including to the top of the uppermost boat, of 17 feet.
(2)
Setbacks. Portable racks for the storage of boats shall comply with front setbacks and shall not be less than the height of the rack from side and rear lot lines.
D.
Permanent boat storage sheds.
(1)
Principal structure. Structures used to store more than two tiers of boats, or exceeding a height, including to the top of the uppermost boat, of 17 feet shall be considered principal structures and shall comply with all setbacks and height standards required for principal structures.
(2)
Foundation; enclosure. Such boat storage structures shall be permanently attached to the ground on a frost-free foundation meeting Township requirements; and shall be fully enclosed by walls on all sides.
§ 180-113.1 Medical marijuana.
This § 180-113.1 shall apply to medical marijuana dispensaries, medical growers/processors and medical research organizations.
A.
Applicable regulations. All medical marijuana facilities shall comply with applicable state and federal regulations and provide proof of such compliance with the application for a zoning permit.
B.
Outdoor storage. The storage of any form of marijuana or any of its byproducts shall not be permitted outside of a fully enclosed principal building.
C.
Medical marijuana dispensary. In addition to the setbacks required for the district, no medical marijuana dispensary shall be located less than 125 feet (with a twenty-five-foot buffer included per § 180-60 and § 180-61) from any principal residential use or any R-1, R-2 or R-3 District. In addition, no medical marijuana dispensary shall be located less than 1,000 feet from any:
D.
Medical marijuana grower/processor.
(1)
Setbacks. In addition to the setbacks required for the district, no medical marijuana grower/processor shall be located less than 1,000 feet from any:
(a)
Building used primarily for worship.
(b)
Public or private school or college.
(c)
Public recreation building or facility.
(d)
Public library.
(e)
Public museum.
(f)
Child day-care center.
(g)
Commercial enterprises catering primarily to persons less than 18 years of age.
(h)
Gaming establishment.
(i)
R-1, R-2 or R-3 District.
(2)
Fence. All medical marijuana growers/processors shall be completely enclosed by a chain link fence not less than eight feet in height. All fences and gates shall be maintained in good repair and in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence.
E.
Medical marijuana research organization. Medical marijuana research organizations shall comply with all standards applicable to the district.
§ 180-114 Mineral extraction excluding oil and gas development.
(See § 180-117 for oil and gas development.)
A.
Findings. The primary minerals of importance extant in the Township are sand and gravel, and quarry stone. The Pennsylvania Municipalities Planning Code clearly recognizes mineral extraction as a lawful use. Along with other community effects, such uses can have impacts on water supply sources and are governed by state statutes that specify replacement and restoration of affected water supplies. In addition, the Planning Code now severely limits the range of development and operational standards which can be applied to mineral extraction by local municipalities, with location standards the primary tool available to the Township. Planning Code § 603(1) states that "zoning ordinances shall provide for the reasonable development of minerals in each municipality." The Code definition of minerals is: "Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas." The Code, at § 603(b), allows zoning ordinances to regulate mineral extraction, but only to the extent that such uses are not regulated by the state Surface Mining Conservation and Reclamation Act, the Noncoal Surface Mining Conservation and Reclamation Act, and the Oil and Gas Act.[1] These Acts regulate such things as setbacks, dust, noise, blasting, water supply effects, and reclamation.
[1]
Editor's Note: See 52 P.S. § 1396.1 et seq.; 52 P.S. § 3301 et seq.; and 58 Pa.C.S.A. § 3201 et seq., respectively.
B.
Intent. The intent of this § 180-114 is to ensure the Township is supplied with all necessary information for making an informed decision about the proposed mineral extraction and to establish the foundation for any conditions required to protect the public health, safety and general welfare.
C.
Use classification; mineral processing a separate use.
(1)
Use classification. Mineral extraction shall be allowed only in those districts as listed in the Schedule of Uses.
(2)
Mineral extraction, minor. The intent of this § 180-114C(2) is to permit mineral extraction operations limited in area, duration and mechanical operations.
(a)
Mineral extraction operations with an open face of 10,000 square feet or less which will not result in a total disturbed area of more than two acres on any one parcel over the life of the operation, and which do not involve on-site screening, washing, crushing and grading, and/or any mineral processing or the use of manufacturing equipment, shall be hereinafter referred to a "mineral extraction, minor."
(b)
The duration of the minor mineral extraction process shall not exceed 180 days and reclamation of the entire site shall be completed within one year of the issuance of the zoning use permit.
(c)
The subdivision of a parcel to qualify for additional "mineral extraction, minor" uses shall not be permitted.
(3)
Mineral processing. (See § 180-115 for requirements.)
(a)
Separate and distinct use. Any use which involves the refinement of minerals by the removal of impurities, reduction in size, transformation in state, or other means to specifications for sale or use, and the use of minerals in any manufacturing process such as, but not limited to, concrete or cement batching plants, asphalt plants and manufacture of concrete and clay products, shall be considered "mineral processing," a separate and distinct use regulated by this chapter.
(b)
Incidental with extraction operation. This shall not preclude the incidental screening, washing, crushing and grading of materials originating on the site as part of a mineral extraction operation.
D.
Standards. In addition to the performance standards in Article VII and all other applicable standards of this chapter which are not preempted by state statute, mineral extraction shall comply with the following:
(1)
Parcel size. The minimum parcel size shall be 10 acres for minor mineral extraction and 50 acres for mineral extraction.
(2)
Setback. A setback of 200 feet shall be maintained between any disturbed area associated with any mineral extraction operation and adjoining properties and public road rights-of-way.
(3)
Undisturbed buffer. The required setback areas shall be undisturbed to provide a buffer and shall not be used for parking, storage or any other purpose associated with the operation except landscaping and crossing of access roads.
(4)
Conditional use buffers. In determining the type and extent of the buffer required for conditional uses, the Township shall take into consideration the design of any project activities and/or structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.
(a)
If required, the landscaped buffer may be installed in the setback area, and shall consist of trees, shrubbery and other vegetation and shall be a minimum of 25 feet wide.
(b)
Buffers shall be designed in accord with § 180-60 and the design details shall be included on the site plan. Buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 153 (Subdivision and Land Development).
(c)
It shall be the responsibility of the applicant and/or operator to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
(5)
Access routes; road conditions. The applicant shall provide a map showing the public roads in the Township proposed to be used to access the operation and provide an evaluation of the condition of any Township road which will be used and the potential damage which may occur from such use.
(6)
Conditions of approval. If the Township determines that the standards in Article VII, Part 2, which are not preempted are not adequate for a conditional use, the Board of Supervisors shall attach such other conditions deemed necessary to protect the public health, safety and welfare, provided the conditions do not include requirements which are preempted by state statute. Such conditions imposed by the Board of Supervisors may be related to hours of operation, more stringent noise control, outdoor operations and storage, lighting and glare, stormwater management, security, and other necessary safeguards.
E.
Local, state and federal regulations. Mineral extraction and mineral extraction, minor operations shall comply with all applicable local, state and federal laws and rules and regulations. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations. Applicable laws and rules and regulations include, but are not limited to the Noncoal Surface Mining Conservation and Reclamation Act and the Clean Streams Law.
F.
Information requirements for mineral extraction (but not for mineral extraction, minor). The applicant shall, at a minimum, provide the information required by this chapter and the information required for land developments in Chapter 153 (Subdivision and Land Development). In addition the applicant shall submit all other information required to enable the Township to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Township based on this information shall serve as a basis for the establishment of conditions of approval.
(1)
DEP application information. The applicant shall provide a copy of all applications and information required by the applicable DEP rules and regulations. However, applicants proposing mineral extraction operations qualifying as small noncoal operations under DEP regulations shall provide all information required by Chapter 77 Noncoal Mining of DEP Rules and Regulations for operations which are not considered small noncoal operations.
(2)
Surface and groundwater protection, traffic impact study and environmental impact statement. The Township shall require for mineral extraction and may require for mineral extraction, minor the applicant to submit details about ground and surface water protection, an environmental impact statement and a traffic impact study.
(3)
Emergency response. The applicant shall develop an emergency preparedness, prevention and control plan in accord with state and federal requirements and generally accepted practice and submit the plan for review and comment by the Township.
G.
Reporting requirements for mineral extraction (but not for mineral extraction, minor). For any mineral extraction operation approved by the Township, the operator shall submit to the Township copies of all DEP-required or DEP-issued documents and reports associated with the operation, within 15 days of the date of the document or report.
H.
Expansion of nonconforming operations. Mineral extraction and mineral extraction, minor operations which are nonconforming by location in a zoning district where such operations are not allowed by the Schedule of Uses may expand to the limits of the DEP permit in effect at the time the operation became nonconforming. Any such expansion shall comply with the requirements of this § 180-114.
§ 180-115 Mineral processing.
Mineral processing shall comply with the requirements of this § 180-115.
A.
Location requirements. Mineral processing operations shall comply with the following location requirements:
(1)
Setbacks. The following setbacks shall be maintained for any mineral processing operation:
(a)
Property lines, road rights-of-way. Two hundred feet to adjoining properties and public road rights-of-way.
(b)
Residential structures. Three hundred feet to any existing residential structure not located on the project parcel.
(c)
Water bodies. Two hundred feet to any body of water, perennial or intermittent stream, or wetland.
(2)
Buffer.
(a)
An undisturbed area of not less than 50 feet in width shall be maintained along all property lines and road rights-of-way to provide a buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads. In determining the type and extent of the buffer required, the Township shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.
(b)
Any required landscaped buffer may be installed in the setback area, and shall consist of trees, shrubbery and other vegetation and shall be a minimum of 20 feet wide.
(c)
Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 153 (Subdivision and Land Development).
(d)
It shall be the responsibility of the property owner to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
B.
Local, state and federal regulations. All operations shall comply with all applicable local, state and federal laws and rules and regulations. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations.
C.
Information requirements. The applicant shall provide the information required by this § 180-115C and all other necessary information to enable the Township to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Township based on this information shall serve as a basis for the establishment of conditions of approval. The applicant shall provide the following:
(1)
Application information. The information required by this § 180-115, all required application information, and all other necessary information to enable the Township to assess compliance with this chapter.
(2)
Additional information. The Township may require the applicant to submit details about ground and surface water protection and an environmental impact statement.
(3)
DEP application information. A copy of all applications and information required by the applicable Pennsylvania Department of Environmental Protection Rules (DEP) rules and regulations.
(4)
Emergency response. The applicant shall develop a emergency preparedness, prevention and control plan in accord with state and federal requirements and generally accepted practice and submit the plan for review and comment by the Township.
D.
Reporting requirements. For any mineral processing operation approved by the Township, the operator shall submit to the Township copies of all DEP-required or DEP-issued documents and reports associated with the operation, within 15 days of the date of the document or report.
§ 180-117 Oil and gas development.
Oil and gas development shall comply with this § 180-117.
A.
Predrilling requirements. Prior to the commencement of drilling:
(1)
The operator shall comply with any applicable bonding and permitting requirements for Township roads that are to be used by overweight vehicles and equipment for development activities. Notwithstanding the foregoing, the operator/applicant shall take all necessary corrective action and measures as directed by the Township to ensure the roadways are repaired within seven days of partial damage or destruction.
(2)
The operator shall provide to the Township's first responders, including fire departments, Fire Commission, Police Department, ambulance, and Kidder Township Emergency Management Officer, a comprehensive hazard analysis report prepared by a qualified professional using generally accepted hazard analysis software as determined by the Township. The report shall include, but not be limited to, the following:
(a)
The applicable state and federal regulations and how the proposed pipeline facility will comply.
(b)
A description of the facility and community and environmental characteristics of the proposed corridor and areas within 1,000 feet of the centerline of the proposed pipeline facility.
(c)
Unusually sensitive areas as identified by the National Pipeline Mapping System (NPMS) Pipeline Information Management and Mapping Application (PIMMA).
(d)
The frequency of community and environmental hazards associated with the type of facility proposed.
(e)
The probable consequences of an accidental release for both leaks and ruptures for community and environmental effects.
(f)
The community and environmental risk of well leakage, an accidental spill, defective casing or cementing, and vandalism creating unknown conditions.
(g)
Measures for risk mitigation and the likelihood and consequences of community and environmental effects and plans for emergency response.
(3)
The Township shall ascertain whether the Township's first responders have secured adequate training to deal with any potential dangerous conditions that may result due to development activities. First responders shall have a minimum of five hours of training per year to meet this standard. Upon request from the Township, the operator will, prior to drilling of its first oil and gas well in the Township, make available with at least 30 days' notice, at its sole cost and expense, one appropriate group training program of a minimum of five hours for first responders. Such training shall be made available by the operator at least annually during the period when the operator anticipates drilling activities in the Township.
(4)
Prior to drilling an oil and gas well or multiple oil and gas wells at a location, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):
(a)
A copy of the well survey plan showing the location(s) of the planned well(s);
(b)
A general description of the planned operation at the planned well(s) and associated equipment used in the development of the well(s);
(c)
The contact information for the operator; and
(d)
The availability of the operator to hold a meeting with such residents to present operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.
(5)
Domestic wells. Prior to operation, the applicant/operator shall be required to conduct, at no cost to affected well owners, a preextraction survey of each domestic well situate on each adjoining property and on each property located within 1,000 feet of each site property line.
(a)
The survey will consist of collecting baseline data from well logs, where available, measurement of water level and well depth and standard water quality testing measuring among other factors, including hardness, color, odor, pH, bacteria, nitrates, sulfates, petroleum, and total dissolved solids (tds).
(b)
The survey will be limited to those domestic well owners who provide consent to the survey within 30 days of receiving a certified letter request from the applicant.
(c)
These tests shall determine the following baseline data for comparison with similar data to be monitored during extraction operations.
(d)
Copies of existing well logs for all wells located within 1,000 feet of the site.
(6)
A well complaint resolution program shall be prepared and submitted to the Township, which specifies the procedures the applicant is committed to follow in resolving any domestic water well complaints. The Township shall review the program and, if necessary, require amendments to the program prior to acceptance.
(7)
At least seven days prior to commencement of drilling, the operator shall provide to the Township Zoning Officer a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP).
(8)
Kidder Township fire departments shall be provided a list of all chemical or waste products used or produced by the oil or gas drilling operation.
(9)
The Township shall be provided the name of the person supervising the drilling operation and a phone number where such person can be reached 24 hours a day.
(10)
The applicant shall provide:
(a)
A survey of the drill site with all permanent facilities (tanks or other surface installations) with locations and distances to property lines shall be filed with the application.
(c)
A traffic impact statement per § 180-85 which also includes description of plans for the transportation of materials and equipment to construct the facility and measures that will be taken to maintain all roads within the Township that are used to transport materials and equipment and to repair any damages to the roads that may occur as a result.
(d)
Information on the status of road bonding.
(11)
The applicant shall provide certification that a bond is held by the PA DEP (Pennsylvania Department of Environmental Protection) to ensure proper plugging when the well is classified as inactive by the PA DEP.
(12)
The applicant shall provide a schedule indicating the following dates:
(a)
Site preparation beginnings and endings.
(b)
Anticipated drilling activity beginnings and endings.
(c)
Anticipated completion (perforating) work to begin and end.
(d)
Anticipated stimulation (fracturing) work to begin and end.
(e)
Anticipated production work to begin and end.
(f)
Anticipated plugging date.
(13)
In addition to complying with this chapter and Chapter 153 (Subdivision and Land Development), the operator/applicant shall appear at a public meeting of the Board of Supervisors at least 30 days prior to the commencing of drilling activities to inform the Township of its intention to commence drilling.
B.
Site requirements. During the process of oil and gas development, the following site standards shall be maintained by the operator at all times:
(1)
The minimum parcel size shall be 12.5 acres.
(2)
Multiple well pad sites on any one property shall be prohibited, unless the underlying geology makes using a single well pad impossible.
(3)
Drilling will be limited to the ground surface area designated by the applicant as part of its application. Any expansion of the ground surface area used and/or devoted towards drilling operations requires further conditional use approval.
(4)
No portion of any drilling device, equipment or facility of any kind, including storage, shall be closer than 1,000 feet to an adjacent property line.
(5)
The operator shall take all necessary safeguards as directed by the Township to ensure the Township roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur.
(6)
Any material stored outside an enclosed structure being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing, walls, or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining occupied residential properties. Such materials shall not include operable vehicles.
(7)
The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example: persons waiting for public or school transportation). As directed by the Township, during periods of anticipated heavy or frequent truck traffic associated with development, the operator will provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
(8)
At the operator's expense, annual well testing shall be performed on domestic and monitoring wells in accordance with standards jointly established by the Township's designated expert and the operator's expert, taking into consideration the type and level of extractive activities which have taken place on the site during the preceding year. The results of the testing shall be filed with the Board of Supervisors within 60 days of the date of testing. The parameters must be tested annually, and a comparison made with the baseline water quality data. Additional testing at the operator's expense shall be required by the Township to better assess any potential risks if concerns regarding water quality or quantity are raised by or uncovered in the annual testing.
(9)
No construction activities involving excavation of, alteration to, or repair work on any access road or well site shall be performed during the hours of 11:00 p.m. to 7:00 a.m.
(10)
All operations or activities and action to address noise complaints shall comply with § 180-65. The Township reserves the right to require the temporary or permanent erection and use of reasonable sound barriers.
(12)
The access driveway off the public road to the drill site shall be gated at the entrance to prevent illegal access into the drill site. The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a responsible person who may be contacted in case of emergency. It shall be illegal for any person, owner or operator to park or store any vehicle or item of machinery on any street, right-of-way or in any driveway, alley or upon any operation or drilling site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for the maintenance of the well site or for gathering or transportation of hydrocarbon substances from the site.
(13)
All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accord with this chapter and the best accepted practices incident to drilling for oil or gas in urban/suburban and rural areas. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance of persons living in the vicinity. (See also § 180-66, § 180-68 and § 180-69.)
(14)
All drill site pads and off-site fracture ponds shall be secured with a temporary fence with a secured gate as follows:
(15)
After any spill, leak or malfunction, the operator shall remove or cause to be removed to the satisfaction of the Township officials and the PA DEP inspectors all waste materials from any public or private property affected by such spill, leak or malfunction. Clean-up operations must begin immediately upon knowledge that a spill, leak or malfunction occurs.
(16)
The access road to the well site shall be improved with a dust-free, all-weather surface in such a manner that no water, sediment or debris will be carried onto any public street, i.e., traffic siding or turning lane.
(17)
The public street entrance and the property on which a drill site is located shall at all times be kept free of mud, debris, trash or other waste materials. Use of streets serving exclusively residential neighborhoods is prohibited.
(18)
An off-street area for maintenance vehicles to stand while gaining entrance to the access road shall be provided that does not disrupt the normal flow of traffic on the public street.
(19)
All permanent facilities shall be painted an earth-tone color to blend in with the surrounding area. The Township may require fencing and/or landscaping to buffer the facilities from adjacent properties.
(20)
The facility and/or its operation shall comply with all applicable permits and requirements of the PA DEP, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations and with all federal, state, and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters.
(21)
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 be 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.
(22)
The operator shall provide and maintain a fund to the Township, the sum of $5,000, which represents an account from which the Township may draw or be reimbursed for the administrative inspection and engineering costs and fees for review and inspections to ensure compliance with this chapter. This amount may be adjusted from time to time by resolution of the Board of Supervisors. Any costs over and above the aforesaid initial fund incurred by the Township shall be reimbursed to the Township along with a ten-percent administrative and overhead charge within 30 days of invoicing by the Township. The fund shall require remittances within 10 days of issuance of written notice from the Township to maintain a balance of $5,000.
(23)
All activities conducted in association with, and as a part of oil and gas wells, shall be in accordance with the Commonwealth of Pennsylvania Oil and Gas Act as amended and by any other applicable federal, state, county and Township statutes.
C.
Post-drilling requirements. After drilling is complete, the operator shall clean the site, complete all restoration activities and repair any damage to public property caused by such operations within 60 days. A detailed reclamation plan shall be provided showing that the entire property will be left in a form for development with uses that are permitted in the district, relating the reuse to existing uses or probable uses for surrounding properties and shall provide:
(1)
Proposed topography at contour intervals to provide adequate grading information, subject to the Township Engineer's recommendation at the preapplication meeting, with five feet being the minimum.
(2)
Schedule of progressive rehabilitation.
(a)
After mining is completed on one specified area, quadrant; or cell, reclamation shall follow progressively in reasonable stages set forth in the plan before mining continues on other areas of the site. Extraction areas which are inactive for over one year must be stabilized and slopes reduced to one vertical foot to seven horizontal feet, if feasible.
(b)
All rehabilitation activity shall be in compliance with soil erosion and sedimentation requirements of the PA DEP.
(3)
Proposed ground cover and other plantings to stabilize the soil surface and to beautify the restored area, as well as to protect from erosion and siltation.
(4)
Concept plans.
(a)
Concept plan(s) for the proposed end use of the site when restored, including a plan for residential use, drawn to scale, and prepared by a professional engineer, licensed architect, or licensed landscape architect. The concept shall include:
[1]
The proposed circulation system, including the location of internal roads and connection to the external road network.
[2]
Delineation of drainage patterns, identification of lakes, floodplains, wetlands, and conceptual layout of lots (if residential is proposed).
[3]
A description of the provisions for obtaining necessary permits and approvals for the future use(s).
(b)
The use proposed in the concept plan must be acceptable to the Township Board based on the recommendation of the Planning Commission and a review of the zoning district, Township Master Plan, surrounding land uses, and site characteristics.
(c)
A landfill or other disposal or refuse site will not be considered a suitable or satisfactory use.
(5)
When the proposed future use, as deemed appropriate by the Township Board, includes residential units or other uses requiring the use of septic fields, the applicant shall provide a description of the construction and rehabilitation techniques that will be met, including:
(a)
A description of methods and materials to be used in restoring the site.
(b)
The proposed date for completing all extraction operations and handling of all spoils and extraneous materials.
(c)
The date for completing the final restoration.
(d)
A list of all seeding and planting materials, which must be of native stock.
§ 180-118 Power plants and pipeline compressor stations, metering stations or operation maintenance facilities.
Power plants and pipeline compressor stations, metering stations or operation maintenance facilities shall comply with this § 180-118.
B.
Standards.
(1)
Building; noise. All turbines, compressors, engines and any mechanical equipment which requires noise reduction to meet Township standards shall be located within a fully enclosed building with soundproofing and blow down silencers and mufflers adequate to comply with the noise standards established by § 180-65 or as otherwise established as a condition of approval. In any case, the operation of the equipment shall not create any noise that causes the exterior noise level to exceed the pre-development ambient noise levels as measured within 300 feet of the building(s). The applicant and or operator shall be responsible for establishing and reporting to the Township the pre-development ambient noise level prior to the issuance of the zoning permit for the station.
(2)
Setbacks and buffers.
(a)
Facilities. The following setbacks and buffers shall be applied to any facilities used as part of the electricity generation process:
[2]
Buffer.
[a]
An undisturbed area of not less than 50 feet in width shall be maintained along all property lines and road rights-of-way to provide a buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads and required utilities and discharge/intake lines. In determining the type and extent of the buffer required, the Township shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.
[b]
Any required landscaped buffer may be installed in the setback area, and shall consist of trees, shrubbery and other vegetation and shall be a minimum of 25 feet wide.
[c]
Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 153 (Subdivision and Land Development).
[d]
It shall be the responsibility of the applicant and/or operator and/or property owner to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
(b)
Other components. Pipelines and valves, metering stations, pig launchers/receivers, and other components which are located on the site shall not be less than 25 feet from any adjoining property line.
(3)
Fencing. A fence may be required around the perimeter of the facility unless the design of the structures adequately provides for safety.
(4)
Access; required parking. Access to the facility shall be provided by means of a public street or easement to a public street adequate to serve the number and type of vehicles anticipated. The access and parking shall be improved with a dust-free, all weather surface. The number of required parking spaces shall equal the number of people on the largest shift.
(5)
Access routes; road conditions. The applicant shall provide a map showing the public roads in the Township proposed to be used to access the facility and provide an evaluation of the condition of any Township road which will be used and the potential damage which may occur from such use.
(6)
Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished, and this may be accomplished by remedial measures instituted by the developer.
(7)
Historic structures. The facility shall not be located within 500 feet of any structure listed on any public historic register.
C.
Site plan. A full land development plan shall be required for all such sites, showing all facilities, fencing, buffering, access, and all other items required for conditional uses by this chapter and by Chapter 153 (Subdivision and Land Development).
D.
Local state and federal regulations. All facilities and operations shall comply with all applicable local, state and federal laws and rules and regulations. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations.
E.
Insurance. The applicant shall provide a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the facility.
F.
Informational requirements. The applicant shall provide the information required by this § 180-118F and all other necessary information to enable the Township to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Township based on this information shall serve as a basis for the establishment of conditions of approval. The applicant shall provide the following:
(1)
Application information. The information required by this § 180-118, all required application information, and all other necessary information to enable the Township to assess compliance with this chapter.
(2)
Additional information. The Township may require the applicant to submit details about ground and surface water protection, an environmental impact statement, and a traffic impact study.
(3)
State and federal application information. A copy of all applications and information required by the applicable state and federal agencies.
(4)
Emergency response. The applicant shall submit the name, address and emergency telephone number for the operator of the facility; and shall develop a emergency preparedness, prevention and control plan in accord with state and federal requirements and generally accepted practice and submit the plan for review and comment by the Township and the County Emergency Management Agency.
G.
Reporting requirements. For any facility approved by the Township, the operator shall submit to the Township copies of all state or federal required or issued documents and reports associated with the operation, within 15 days of the date of the document or report.
§ 180-119 Race tracks.
In addition to all other applicable standards, the following additional standards shall apply to race tracks:
A.
Setbacks. All areas for the driving, testing and/or maintenance of motor vehicles shall not be less than 500 feet from any property line or public road right-of-way, and shall not be less than one mile from any R-1, R-2 or R-3 District. Greater setbacks and buffers may be required in accord with § 180-60 to address community effects.
B.
Animal race tracks. In addition to the other standards in this § 180-119, the following additional standards shall apply to animal race tracks:
(1)
The race course for any animal race track race track shall not be less than 500 feet from any property line or public road right-of-way. Greater setbacks and buffers may be required in accord with § 180-60 to address community effects.
(2)
Any stable building, corral, kennel or other indoor or outdoor area used for the keeping or feeding of animals, concentrated confinement of animals or manure and animal waste storage shall not be less than 100 feet from any property line or public road right-of-way.
(3)
The applicant shall provide a plan for manure and animal waste management satisfactory to the Board of Supervisors demonstrating that all manure and animal waste shall be managed and disposed of in accord with applicable local, state and federal regulations.
C.
Buildings. All buildings on the race track parcel shall comply with Uniform Construction Code and Pennsylvania Department of Labor and Industry Standards.
D.
Time limitations. No motor vehicle race shall be conducted between the hours of 10:00 p.m. and 9:00 a.m. However, the Township may establish more restrictive time limits as a condition of approval.
E.
Repair activities. All service and repair activities shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize motor noise, fumes, and glare; except that minor servicing such as changing tires, sale of gasoline or oil, windshield washing and other similar normal activities may be conducted outside the said building.
F.
Tire and part storage. All new or used tires and parts shall be stored within a completely enclosed building or area contained by a solid fence to provide screening, but in no case shall such outdoor storage exceed 500 square feet in area.
G.
Storage. No vehicles, supplies, parts, or any other material shall be stored in any required setback areas normally required for the district.
H.
Fuel documentation. Documentation shall be provided that all fuel and fuel storage areas comply with state and federal requirements.
I.
Fencing and barriers. Security fencing shall be provided around the facility (excluding parking areas) to prevent intrusion onto the racetrack and related areas. Safety fencing/barriers shall be provided between the racetrack and all areas where spectators, the public or any employee or other person has access.
J.
Safety plan. A facility safety plan shall be prepared to detail the specific procedures which will be followed to ensure the safety of the public, spectators, employees and participants which shall, at a minimum, address the following:
K.
Bond/insurance. Based on the type and size of the race track, the Board of Supervisors may require the applicant to provide a bond and/or insurance to cover the cost of any environmental clean-up or enforcement action which may be required at the site. The amount of the coverage shall be determined by the Board based on the type and size of the track.
§ 180-120 Self-storage facilities.
Self-storage facilities shall comply with the following standards in this § 180-120.
A.
Bulk requirements. Minimum lot size, lot width and setbacks, and maximum lot coverage and building height shall conform to district standards.
B.
Setback areas. There shall be no storage, use or structure within the setback area, with the exception of the access drive(s).
C.
Habitation. No storage unit shall be used for habitation or residential purposes and individual mini-warehouse units shall not be served by a water supply or a sewage disposal system.
D.
Storage limitations. No storage unit shall be used for any other purpose except storage and shall not be used for any other type of commercial or manufacturing activity. No material, supplies, equipment or goods of any kind shall be stored outside of the warehouse structure, with the exception of the vehicles required for the operation of the warehouse and boats and recreational vehicles and trailers.
E.
Lighting. All facilities shall be provided with adequate outdoor lighting for security purposes; and such lighting shall be so directed as to prevent glare on adjoining properties.
F.
Fire, water damage. All storage units shall be fire-resistant and water-resistant.
G.
Materials stored. All self-storage facility proposals shall include detailed information on the nature and quantity of materials to be stored on the premises. Proposed space rental agreements shall be submitted with the conditional use application and shall provide specific rules and regulations to insure that the requirements of this § 180-120 are or will be satisfied.
§ 180-121 Shooting ranges, outdoor commercial.
This § 180-121 is intended to provide minimum standards to regulate commercial outdoor shooting ranges (hereinafter referred to as "range") in order to protect neighboring property owners and the public at large from dangers of wild or ricocheting projectiles and from excessive noise and other nuisances.
A.
Setbacks. All outdoor shooting ranges shall be situated not less than 500 feet from any property line and not less than 1,500 feet from any principal residential or principal nonresidential building existing on the effective date of this § 180-121. This shall not apply to structures on the same parcel as the shooting range.
B.
Safety design. All ranges shall be designed and constructed with safety facilities to prevent accidental wild or ricocheting projectiles and stray arrows, and the Township may require such additional safety features deemed necessary to meet the intent of this § 180-121. Such features may include but not be limited to increased setbacks, earthen berms and setbacks, range orientation, and a limitation of hours of operation.
C.
Noise reduction. All ranges shall be designed and operated to minimize any noise created by the facility and shall at a minimum comply with the requirements of § 180-65 of this chapter unless more restrictive standards are required by the Township as a condition of approval.
D.
Hours of operation. No firearm shall be discharged outdoors between sunset and 8:00 a.m. However, the Township may establish more restrictive time limits as a condition of approval.
E.
Fence. Security fencing may be required by the Township of such extent and design to restrict accidental access to any range.
F.
Posting. A three-hundred-foot perimeter around any outdoor range shall be posted with warning signs to adequately inform anyone entering the area.
G.
NRA guidelines; state and federal. The applicant shall provide evidence of compliance with any applicable National Rifle Association guidelines and state and federal regulations and best management practices.
§ 180-122 Slaughterhouses.
Slaughterhouses shall comply with this § 180-122.
A.
Parcel size. A minimum parcel of five acres shall be required.
B.
Setbacks.
(1)
Buildings. The minimum setbacks for all buildings shall be 100 feet from property lines and road rights-of-way.
(2)
Animals. Structures which are not fully enclosed, corrals and other areas for the outdoor confinement of animals shall comply with the following setbacks unless state or federal regulations require a greater setback:
C.
Animal confinement. All animals shall be confined to the slaughterhouse property at all time by fences or other structures.
D.
Wastes. Solid and liquid wastes shall be disposed of in a manner to avoid creating insect or rodent problems, and an insect/rodent abatement plan which shall be prepared. No discharges of liquid wastes and/or sewage shall be permitted into a reservoir, sewage or storm sewer disposal system, holding pond, stream or open body of water, or into the ground unless the discharges are in compliance with the standards of local, state and/or federal regulatory agencies.
E.
Operating standards. The applicant shall demonstrate that they will meet the operational and management standards as may be set forth in treatises recognized by agricultural authorities or as the same may be produced by the Pennsylvania Department of Agriculture, Department of Environmental Protection, Pennsylvania State University, College of Agricultural Sciences, or similar entity.
F.
Odor. (See also § 180-68.) The applicant shall prepare an odor abatement plan and document the ability to comply with the plan. It is recognized that certain activities do produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan shall include such steps as may be necessary to abate odors or to allow odors at times to minimize interference with the public health, safety and welfare.
§ 180-123 Solar power generation, commercial.
A.
Purposes. The purpose of this § 180-123 is to:
(1)
Location and number. Accommodate the need for solar power facilities while regulating their location and number in the Township in recognition of the need to protect the public health, safety and welfare.
(2)
Critical development areas. Avoid development of land-intensive solar facilities in areas designated for other uses critical to community and economic development.
(3)
Grid infrastructure costs. Minimize utility grid infrastructure development costs by requiring solar facilities to be near substations with the capacity to accommodate the generated electricity.
(4)
Traffic. Reduce traffic impacts by requiring solar facility access to roads with adequate capacity.
B.
Permits; use regulations.
(1)
Permits. A permit shall be required for every solar power facility installed in the Township.
(2)
Associated use. All other uses ancillary to the solar power facility (including a business office, maintenance depot, etc., greater than 1,000 square feet are prohibited from the solar power facility, unless otherwise permitted in the zoning district in which the solar power facility is located. This shall not prohibit the installation as accessory structures of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the solar power facility.
(3)
Solar power facility as a second principal use. A solar power facility shall be permitted on a property with an existing use subject to the following land development standards:
(a)
The minimum lot area, minimum setbacks and maximum height required by this chapter for the solar power facility shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.
(b)
The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(c)
The applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the land for the proposed solar power facility and that vehicular access is provided to the solar power facility.
C.
Standards and design.
(1)
Parcel size; location; setbacks; lot coverage.
(a)
The minimum parcel size shall be 10 acres.
(b)
The parcel shall not be more than three miles from a utility substation with the capacity to service the proposed facility.
(c)
The setback for solar collectors, all structures, equipment containers and any associated mechanical facilities shall be 100 feet from property lines.
(d)
The maximum lot coverage shall be 75% and the area of the solar collectors shall be included in the calculation of lot coverage.
(2)
Height. Solar collectors shall not exceed the principal structure height limitations for the underlying zoning district.
(3)
Landscaping. Landscaping may be required to screen as much of the solar power facility ground features as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general buffer the solar power facility ground features from neighboring properties. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping.
(4)
Licenses; other regulations; insurance. The applicant shall demonstrate that it has obtained the required licenses from governing state and federal agencies, and agreement from the local electric utility. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the solar power facility; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the solar power facility.
(5)
Required parking. Adequate parking shall be required for maintenance workers.
(6)
Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties shall not be disturbed or diminished, and this may be accomplished by remedial measures instituted by the solar power facility developer.
(7)
Glare. The applicant shall provide details about anticipated glare from the facility, including the time of day, time of year and direction of peak glare periods and document how potential nuisances to area properties and on public roads shall be controlled.
(8)
Historic structures. A solar power facility shall not be located within 500 feet of any structure listed on any public historic register.
(9)
Standards; certification. The design of the solar power facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories or other similar certifying organizations. The operator shall repair, maintain and replace the solar collectors and associated equipment in like manner as needed to keep the facility in good repair and operating condition.
(10)
Uniform Construction Code. To the extent applicable, the solar power facility shall comply with the Pennsylvania Uniform Construction Code.
(11)
Electrical components. All electrical components of the solar power facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(12)
Warnings. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(13)
Signs. No advertising material or signs other than warning, manufacturer and equipment information or indication of ownership shall be allowed on any equipment of structures.
(14)
Transmission and power lines. On-site transmission and power lines shall, to the greatest extent possible, be placed underground.
(15)
Stray voltage/electromagnetic fields (EMF). The operator shall use good industry practices to minimize the impact, if any, of stray voltage and/or EMF.
(16)
Emergency services. The applicant shall provide details about any fire suppression system installed in any accessory structure or equipment container associated with the solar power facility. Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the solar power facility.
(17)
Site plan. A full site plan shall be required for all solar power facility sites, showing the solar power facility, fencing, screening, buffers, access, and all other items required by this chapter.
D.
Public inquiries and complaints. The solar power facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project, and the solar power facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.
§ 180-124 Solid waste.
Solid waste facilities, transfer stations, and staging areas, herein referred to as facilities, shall comply with this § 180-124.
A.
Traffic study. The applicant shall provide a traffic impact study.
B.
Setbacks. No part of any facility created after the effective date of this chapter shall be located closer than 300 feet to an existing public right-of-way, property line or stream. The setback areas shall remain unoccupied with no improvements except required fencing and access road(s). A buffer not less than 50 feet in width shall be provided in all setbacks in accord with § 180-60 of this chapter. Additional buffers and setbacks may be required in accord with this chapter.
C.
Fencing. All facilities shall be completely enclosed by a chain link fence not less than 10 feet in height. The erection of said fence shall be completed within six months after the effective date of this chapter for existing facilities and prior to the issuance of a certificate of use for a new facility. All gates shall be closed and locked when closed for business. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence.
D.
Storage and loading/unloading. Storage of materials, supplies or solid waste in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. Any solid waste stored for more than three hours shall be stored in an enclosed building. For any facility other than a sanitary landfill, all transfer, loading and unloading of solid waste shall only occur within an enclosed building with negative pressure, and over an impervious surface which drains into a holding tank that is then adequately treated.
E.
Effluent treatment. The facility shall provide for treatment and disposal for all liquid effluent and discharges generated by the facility due to the storage, loading or unloading, transfer, container or vehicle washing, or other activity undertaken in processing or transporting the solid waste. All such activities shall be conducted only over an impervious surface and all drainage shall be collected for treatment. Any water discharge from the facility after being treated by the wastewater treatment system shall meet all applicable Department of Environmental Protection regulations and Sewer Authority requirements.
F.
Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be disposed of or stored or processed in any way, except for types and amounts of hazardous substances customarily kept in a commercial business for on-site use. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
G.
Water quality. The owner of any facility shall be required to monitor the ground and surface water in the vicinity of the facility. Water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area used for the storage or disposal of solid waste if water drainage from the facility is to said stream. For each testing period, two samples shall be collected; one sample shall be taken from the stream at a point upstream of the solid waste disposal facility drainage area and one sample shall be taken from the stream at a point below the facility drainage area. In addition, the well located on the premises shall also be sampled every three months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Township, and results shall be provided to the Township. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the facility shall cease operation until such time as the source of the contamination has been identified and corrected.
H.
Emergency access. The operator of the facility shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
I.
Hours of operation. Under the authority granted to the Township under State Act 101 of 1988,[1] all such uses shall be permitted to operate only between the hours of 7:00 a.m. to 7:00 p.m. and are not permitted to operate on Sundays, Christmas Eve Day, Christmas Eve, New Year's Day, 4th of July, Labor Day, Memorial Day or Thanksgiving Day. All deliveries of solid waste shall be made during the hours between 7:00 a.m. to 5:00 p.m. and not on Sundays or the above specified holidays.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
J.
Nuisances. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors. The applicant shall prove to the satisfaction of the Township that the use would not routinely create noxious odors off of the tract. The operator shall regularly police the area of the facility and surrounding street to collect litter that may escape from the facility or truck. The applicant shall provide documentation to the satisfaction of the Township that proposed facility shall operate in such a manner as to not create a general nuisance, endanger the public health, safety and welfare or inhibit the public's use or enjoyment of their property.
K.
Attendant and inspections. An attendant shall be present during all periods of operation or dumping. The applicant shall, if granted a conditional use permit, allow access at any time to the facility for inspection by appropriate Township officials and provide the Township with the name and phone number of a responsible person(s) to be contacted at any time in the event of an inspection.
L.
State and federal regulations and reporting. The operation and day-to-day maintenance of the facility shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Township. Violations of this condition shall also be considered to be violations of this chapter. All solid waste transfer facilities (as defined by this chapter) shall be subject to all requirements of 25 PA Code Chapter 279 (as amended), Transfer Facilities, regardless of whether a permit pursuant to said requirement is required. Where a difference exists between applicable state regulations and Township regulations, it is intended for the purposes of this § 180-124 that the more stringent requirements shall apply. A copy of all written materials and plans that are submitted to DEP by the applicant shall be concurrently submitted to the Zoning Officer.
§ 180-125 Staging areas for equipment/materials.
See § 180-101.
§ 180-126 Storage yards for forest products and minerals.
The intent of this § 180-126 is to provide standards for access to public roads and setbacks for storage yards for forest products and minerals.
A.
Access to public roads.
(1)
Highway occupancy permit. Access roads to Township and state roads shall be in accord with a valid highway occupancy permit.
(2)
Stabilization. The access road shall be adequately stabilized with stone, shale or other material to minimize soil erosion and the tracking of mud onto the public road.
(3)
Weight limitations. All operations shall comply with all posted weight limits and road bonding regulations.
(4)
Use of public roads. Felling or skidding on or across any public road shall be prohibited without the express written authorization of the Township or the Pennsylvania Department of Transportation, as applicable.
B.
Setbacks.
(1)
Residential and nonresidential buildings. Storage yards shall not be less than 300 feet from any existing residential, commercial, institutional, public or semipublic building, other than such building located on the property on which the landing is located.
(2)
Property lines. Storage yards shall not be less than 50 feet from any property line other than a property line along a public road right-of-way.
(3)
Public roads. Storage yards shall not be less than 50 feet from any public road right-of-way.
(4)
Streams, water bodies and wetlands. Storage yards shall not be less than 100 feet from any stream, water body or wetland.
(5)
Slope. Storage yards shall be located on slopes less than 8%. Low spots and poorly drained places shall be avoided.
§ 180-127 Swimming pool, commercial.
Commercial swimming pools comply with the standards in this § 180-127.
A.
Setback. The pool, accessory structures and areas used by bathers shall be not less than 100 feet from any property line and any public road right-of-way.
B.
Buffer. A buffer 50 feet in width shall be provided along all property lines and any public road right-of-way.
C.
Enclosure. A fence, wall or other enclosure meeting the requirements of the Uniform Construction Code shall be provided.
D.
Access. Access to all pools shall be restricted when the pool is not in use.
§ 180-128 Transmission pipelines, hazardous liquid pipelines, pipeline compressor station, metering station or operation/maintenance facilities.
A.
Applicability.
(1)
All facilities. In addition to all other applicable requirements of this chapter, the provisions of this § 180-128 shall apply to the siting and construction of any gas transmission line or hazardous liquid pipeline and pipeline compressor station, metering station or operation/maintenance facilities (all of which are herein referred to as "pipeline facilities") as defined in § 180-128C.
(2)
Pipeline compressor stations, metering stations and operation/maintenance facilities. In addition to the requirements of this § 180-128, the requirements of § 180-118 shall apply to pipeline compressor stations, metering stations and operation/maintenance facilities, and the more restrictive standards shall apply.
B.
Public interest and intent.
(1)
Public interest. The requirements of this § 180-128 are established in recognition of the environmental and community effects associated with pipeline facilities. The effects include, but are not limited to, compatibility with nearby land uses related to noise, odor, lighting, quality of surface waters and groundwater, use and enjoyment and value of adjoining property, and future community development.
C. DISTRIBUTION PIPELINE GAS GAS TRANSMISSION PIPELINE HAZARDOUS LIQUID HAZARDOUS LIQUID PIPELINE INSTITUTIONAL USE PETROLEUM PRODUCTS PIPELINE PIPELINE COMPRESSOR STATION, METERING STATION or OPERATION/MAINTENANCE FACILITIES PIPELINE CORRIDOR TRANSMISSION PIPELINE
Definitions. Words and phrases used in this § 180-128 shall have the meanings set forth in this § 180-128C. Words not defined in this § 180-128C, but defined in Article II, shall have the meanings set forth in Article III. All other words and phrases shall be given their common, ordinary meaning, unless the context requires otherwise.
A natural gas pipeline other than a gathering or transmission line (reference 49 CFR 192.3). A distribution pipeline is generally used to supply natural gas to the consumer and is found in a network of piping located downstream of a natural gas transmission line.
Natural gas, flammable gas, or gas which is toxic or corrosive. (Reference 49 CFR 192.3) Gases are normally compared to air in terms of density. The specific gravity of air is 1.0. Any gas with a specific gravity less than 1.0 (such as natural gas) will rise and usually disperse. Any gas having a specific gravity greater than 1.0 will fall and collect near the ground or in low-lying areas such as trenches, vaults, ditches, and bell holes, such occurrences can be hazardous to human health and safety.
A pipeline, other than a gathering line, that 1) transports gas from a gathering line or storage facility to a distribution center, storage facility, or large-volume customer that is not downstream from a distribution center; 2) operates at a hoop stress of 20% or more of specified minimum yield strength; or 3) transports gas within a storage field. (Reference 49 CFR 192.3) A gas transmission pipeline includes all parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenance attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies.
Includes petroleum, petroleum products, anhydrous ammonia, and carbon dioxide. (Reference 49 CFR 195.2)
All parts of a pipeline facility through which a hazardous liquids move in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks.
A nonprofit, religious, or public use, such as a religious building, library; public or private school, hospital, or government-owned or government-operated building, structure, or land used for public purpose.
Flammable, toxic, or corrosive products obtained from distilling and processing of crude oil, unfinished oils, natural gas liquids, blend stocks and other miscellaneous hydrocarbon compounds.
Used broadly, pipeline includes all parts of those physical facilities through which gas, hazardous liquid, or carbon dioxide moves in transportation.
A facility at which a petroleum product passing through a pipeline is pressurized by a turbine, motor, or engine, the volume of flow is measured or permanent facilities are installed for pipeline operation/maintenance and which compress, decompress, process, heat, dehydrate, alter or transform the pipeline product. The facility may contain some type of liquid separator consisting of scrubbers and filters that capture any liquids or other undesirable particles from the pipeline. The definition also includes utility transfer stations which are owned, operated and maintained by the local natural gas utility and mark the point at which it assumes official control of the gas. The definition excludes pipeline valves, metering stations, pig launchers/receivers, and other components which are located within the pipeline right-of-way and do not compress, decompress, process, heat, alter or transform the pipeline product. (See § 180-118 for additional standards applicable to pipeline compressor stations, metering stations and operation/maintenance facilities.)
The linear area where a transmission pipeline or hazardous liquid pipeline and associated facilities are located, including rights-of-way and easements over and through public or private property.
When not specified, includes both hazardous liquid and gas transmission pipelines. Transmission pipelines carry oil, petroleum products, natural gas, natural gas liquids, anhydrous ammonia and carbon dioxide from producing regions of the country to markets.
D.
Special exception. Any proposed pipeline facility shall be considered a special exception subject to all applicable requirements of this chapter and the requirements of this § 180-128.
E.
Hazard analysis. The applicant shall submit a comprehensive hazard analysis report prepared by a qualified professional using generally accepted hazard analysis software as determined by the Township. The report shall include, but not be limited to, the following:
(1)
The applicable state and federal regulations and how the proposed pipeline facility will comply.
(2)
A description of the pipeline facility and community and environmental characteristics of the proposed corridor and areas within 1,000 feet of the centerline of the proposed pipeline facility.
(3)
Unusually sensitive areas as identified by the National Pipeline Mapping System (NPMS) Pipeline Information Management and Mapping Application (PIMMA).
(4)
The frequency of community and environmental hazards associated with the type of pipeline facility proposed.
(5)
The probable consequences of an accidental release for both leaks and ruptures for community and environmental effects.
(6)
The community and environmental risk of an accidental spill.
(7)
Measures for risk mitigation and the likelihood and consequences of community and environmental effects.
G.
Traffic impact study. The applicant shall also submit a traffic impact study using current PennDOT methodology.
I.
Setbacks from existing buildings, uses and features. Unless another ordinance provision (see § 180-118 for additional standards applicable to pipeline compressor stations, metering stations and operation/maintenance facilities and the more restrictive shall apply) requires a greater setback or the Zoning Hearing Board determines a greater setback is required to mitigate the community and/or environmental effects of the proposed transmission pipeline, the minimum setbacks in this § 180-1281 shall apply to all proposed pipeline facilities and appurtenant structures and operations. The setbacks shall be measured from the centerline of the transmission pipeline and from the nearest edge of any appurtenant structure or facility to any of the following existing buildings, uses and features:
(1)
Property line or public road right-of-way: 100 feet.
(2)
Dwelling: 300 feet.
(3)
Property owners' association uses: 300 feet.
(4)
Commercial, light manufacturing or industrial building: 300 feet.
(5)
Institutional uses, any use requiring evacuation assistance and places of large public gatherings such as arenas: 500 feet.
J.
Noise.
(2)
All compressors, engines and any mechanical equipment which requires noise reduction to meet Township standards shall be located within a fully enclosed building with soundproofing and blow down silencers and mufflers adequate to comply with the noise standards established by § 180-65 or as otherwise established as a condition of approval. In any case, the operation of the equipment shall not create any noise that causes the exterior noise level to exceed the pre-development ambient noise levels as measured within 300 feet of the compressor station building(s). The applicant and or operator shall be responsible for establishing and reporting to the Township the pre-development ambient noise level prior to the issuance of the zoning permit for the station.
K.
Fence and signs.
(1)
All aboveground facilities shall be completely enclosed by a chain link fence six feet in height with at least one secured entrance gate. All gates shall be locked when the operator or its employees are not on the premises. All fences and gates shall be maintained in good repair and in such a manner as not to become unsightly.
L.
Informational requirements. The applicant shall provide the information required by § 180-170, this § 180-128 and all other necessary information to enable the Township to assess compliance and the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Township based on this information shall serve as a basis for the establishment of conditions. The applicant shall also provide the following:
(1)
Construction schedule. Anticipated construction start and completion date.
(2)
State and federal information. A copy of all applications and information required by the governing state and federal agencies.
(3)
Emergency response. The applicant shall develop an emergency preparedness, prevention and control plan in accord with state and federal requirements and generally accepted practice and submit the plan for review and comment by the Township.
(4)
Site plan. A plan of the site meeting the requirements for a major subdivision per Chapter 153 (Subdivision and Land Development) and including the location of all facilities and the lighting plan.
(5)
Site address. The Township assigned address for the project site.
M.
Conditions of approval. In addition to increased setbacks, the Zoning Hearing Board, in accord with § 180-176C and § 912.1 of the Pennsylvania Municipalities Planning Code, shall impose all other reasonable conditions it deems necessary to mitigate community and environmental effects and achieve the purposes of this § 180-128 and this chapter.
§ 180-129 Vehicle-related uses.
Vehicle related uses shall comply with the standards in this § 180-129.
A.
Car and truck wash facilities. All car and truck wash facilities shall be subject to the following specific regulations and requirements:
(1)
The principal building housing the said facility shall be set back a minimum of 60 feet from the road or street right-of-way line and 30 feet from the side or rear property lines.
(2)
Appropriate facilities for the handling of waste water from the washing activities shall be provided, including the prevention of water being dripped onto the adjoining road or street from freshly washed vehicles during periods of freezing weather.
(3)
The facility shall have adequate means of ingress and egress to prevent adverse effects to either vehicular or pedestrian traffic. When a wash facility occupies a corner lot, the access driveways shall be located at least 75 feet from the intersections of the front and side street right-of-way lines.
(4)
The site shall be sufficiently large to accommodate vehicles awaiting washing during peak periods, but in no case shall the waiting area for each stall accommodate less than three automobiles.
(5)
Any wash facility located within 200 feet of any R-1, R-2 or R-3 District shall not operate between the hours of 9:00 p.m. and 7:00 a.m.
B.
Vehicle or equipment repair operations. All vehicle or equipment repair operations shall be subject to the following specific regulations and requirements:
(1)
All service and repair activities shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize motor noise, fumes, and glare; except that minor servicing such as changing tires, sale of gasoline or oil, windshield washing and other similar normal activities may be conducted outside the said building.
(2)
Only vehicles with current licenses and current registration waiting to be repaired or serviced or waiting to be picked up by the vehicle owner may be stored outdoors. If a legitimate, bonafide, service station stores more than four vehicles per interior service stall, it shall comply with the junk regulation set forth in this chapter. Proof of current license and current registration or ownership of any vehicle will be required upon demand by the Zoning Officer.
(3)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the off-street parking requirements of this chapter.
(4)
All new or used tires and parts shall be stored within a completely enclosed building or area contained by a solid fence to provide screening, but in no case shall such outdoor storage exceed 250 square feet in area.
(5)
Gasoline pumps and other service appliances may be located in the required front setback, but shall not be situated closer to the road or street right-of-way line than 30 feet or the PennDOT requirement, whichever is greater. Any aboveground storage tanks shall not be placed in the front setback area.
(6)
No vehicles shall be stored in any required setback areas.
(7)
Any operation which is primarily intended to serve trucks with three or more axles or tractor-trailer trucks shall have a minimum lot area of two acres, and all areas for fueling and servicing shall be not less than 100 feet from any R-1, R-2 or R-3 District.
(8)
All major repair, welding, auto body, painting and similar work shall be performed within a building with a fume collection and ventilation system that directs noxious fumes away from any adjacent buildings. All such systems shall meet all required state and federal health and safety standards.
C.
Vehicle or equipment sales operations. All vehicle or equipment display and sales operations of new and used automobiles, trucks, motorcycles, mobile homes, recreation vehicles, boats, and travel trailers and other vehicles and equipment shall be subject to the following specific requirements:
(1)
All principal and accessory buildings and structures shall be in accord with the setback, building height and lot coverage requirements of the district.
(2)
The outdoor display of new and used cars, trucks, motorcycles, mobile homes, recreation vehicle and travel trailers shall meet the appropriate front, side and rear setback requirements for the district.
(3)
Activities which are normally accessory to such sales operations, such as engine tuneup and repairs, body repairs, painting, undercoating and other similar activities, shall be conducted in accord with the applicable standards in § 180-129B.
(4)
Only vehicles with current license and current registration waiting to be repaired or serviced or waiting to be picked up by the vehicle owner may be stored in any exterior area. If a legitimate, bonafide, service station stores more than four vehicles per service stall in exterior areas, it shall comply with the junkyard regulations set forth in this chapter. Proof of current license and current registration or ownership of any vehicle will be required upon demand by the Zoning Officer.
(5)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the off-street parking requirements of this chapter.
(6)
All new or used tires and parts shall be stored within a completely enclosed building or area contained by a solid fence to provide screening, but in no case shall such outdoor storage exceed 250 square feet in area.
(7)
No vehicles shall be stored in any required setback areas.
§ 180-130 Water withdrawal facilities.
See § 180-109.
§ 180-131 Wind energy facilities.
The provisions of this § 180-131 shall apply to wind energy facilities.
A.
Purposes.
(1)
To accommodate the need for wind energy facilities while regulating their location and number in the Township in recognition of the need to protect the public health, safety and welfare.
(2)
To avoid potential damage to adjacent properties from windmill structure failure and falling ice, through engineering and proper siting of such structures.
B.
Permits; use regulations.
(1)
Permits. A permit shall be required for every wind energy facility and windmill installed at any location in the Township.
(2)
Associated use. All other uses ancillary to the wind energy facility (including a business office, maintenance depot, etc., greater than 1,000 square feet are prohibited from the wind energy facility, unless otherwise permitted in the zoning district in which the wind energy facility is located. This shall not prohibit the installation as accessory structures of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the wind energy facility.
(3)
Wind energy facility as a second principal use. A wind energy facility shall be permitted on a property with an existing use subject to the following land development standards:
(a)
The minimum lot area, minimum setbacks and maximum height required by this chapter for the wind energy facility and windmills shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.
(b)
The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(c)
The applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility.
C.
Standards.
(1)
Wind energy facility height. The applicant shall demonstrate that the windmills are at the minimum height required to function satisfactorily. No windmill that is taller than this minimum height shall be approved.
(2)
Parcel size; setbacks.
(a)
Separate parcel. If the parcel on which the wind energy facility is a separate and distinct parcel, the zoning district minimum lot size shall apply and in all cases, the lot shall be of such size that all required setbacks are satisfied. No windmill shall be located closer to any property line than its height plus the normal setback for the district. The setback for equipment containers, other accessory structures and guy wire anchors shall be a minimum of 30 feet.
(b)
Lease, license or easement. If the land on which the wind energy facility is leased, or is used by license or easement, the setback for any windmill, the support structure, equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, no windmill shall be located closer to any property line (not lease, license or easement line) than its height plus the normal setback for the district.
(c)
Principal structures. No windmill shall be located less than 500 feet from any principal residential structure existing prior to the erection of the windmill.
(3)
Wind energy facility support structure safety. The applicant shall demonstrate that the proposed windmills are safe and the surrounding areas will not be negatively affected by structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All windmills shall be fitted with anticlimbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed wind energy facility and support structure will be designed and constructed in accord with accepted engineering practices and all requirements of any applicable construction code. Within 45 days of initial operation, the owner and/or operator of the wind energy facility shall provide a certification from a Pennsylvania-registered professional engineer that the wind energy facility and all structures comply with all applicable regulations.
(4)
Fencing. A fence may be required around windmills and other equipment, unless the design of the structures adequately provides for safety.
(5)
Landscaping. Landscaping may be required to screen as much of the wind energy facility ground features as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general buffer the wind energy facility ground features from neighboring properties. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping.
(6)
Licenses; other regulations; insurance. The applicant must demonstrate that it has obtained the required licenses from governing state and federal agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the wind energy facility; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the wind energy facility.
(7)
Access; required parking. Access to the wind energy facility shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length. If the wind energy facility site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.
(8)
Color and lighting; FAA and PA DOT notice. Windmills shall comply with all applicable Federal Aviation Administration (FAA) and PA DOT Bureau of Aviation regulations. No windmill may be artificially lighted except as required by FAA requirements. The applicant shall provide a copy of the response to Notice of Proposed Construction or Alteration forms submitted to the FAA and PA DOT Bureau of Aviation.
(9)
Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished, and this may be accomplished by remedial measures instituted by the wind energy facility developer.
(10)
Historic structures. A wind energy facility shall not be located within 500 feet of any structure listed on any public historic register.
(11)
Discontinued use. Should any wind energy facility or windmill cease to be used, the owner or operator or then owner of the land on which the wind energy facility or windmill is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Township to remove the facility and assess the cost of removal to the foregoing parties. The Township may also file a municipal lien against the land to recover the costs of removal and attorney's fees. In addition, at the time of zoning permit issuance for any windmill, the Township shall require a financial guarantee, in a term, form and amount determined by the Board of Supervisors with the advice of the Township Solicitor, to guarantee the removal of the windmill.
(12)
Site plan. A full site plan shall be required for all wind energy facility sites, showing the wind energy facility, windmills, building, fencing, buffering, access, and all other items required for conditional uses by this chapter.
D.
Public inquiries and complaints. The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project, and the facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.
E.
Wind test towers. Temporary wind test towers may be erected as a conditional use in districts where wind energy facilities are permitted in accord with other applicable requirements of this chapter. Such towers shall be removed within 18 months of installation.