The BP Business Park District is designated primarily to provide for selected modern, non-nuisance, commercial and light industrial establishments with a view to encouraging attractive development in areas which are particularly well suited for such uses. In promoting the general purposes of this Zoning Code, the intent of the BP District is to encourage only those types of commercial and light industrial uses which would not constitute a hazard or a nuisance to the population of the adjacent areas and which would contribute to the continuation of appropriate development within and adjacent to the District and to discourage the use of land for residences in order to preserve the area for its appropriate use and also to prevent the location of residences in an area inappropriate for residential use.

(Ord. 91-7.  Passed 11-25-91.)

   (a)   A building or group of buildings may be erected, altered or used, and a lot may be used or occupied, for any of the following purposes and no other:

      (1)   Retail sales and wholesale sales, including factory outlets;

      (2)   Office building and professional centers;

      (3)   Personal service establishment;

      (4)   Eating and/or drinking establishments providing inside and/or outside seating and service, including drive-through windows;

      (5)   Assembly of high technology and electronic equipment;

      (6)   Bank, travel agency and other like service establishments;

      (7)   Accessory use with and customarily incidental to any of the foregoing permitted uses;

   (b)   The following may be permitted as conditional uses:

      (1)   Manufacture, assembly, compounding, processing, packaging or treatment of products;

      (2)   Printing, publishing, lithographing, binding and similar process;

      (3)   Office and shops or service areas for service business or contractors;

      (4)   Warehouse, storage house, or distribution center, express or trucking establishment;

      (5)   Motor vehicle dealer or auto rental agency;

      (6)   Scientific research laboratory or other experimental, testing or research establishment devoted to research, development, design, experimentation or production;

   (c)   The following standards and criteria for approval of conditional uses by the Board of Commissioners must be met by a landowner/applicant. In evaluating an application to the Board of Commissioners for a conditional use, the respective boards shall require the applicant to provide any necessary information to insure that:

      (1)   The proposed use is consistent with the purpose of the chapter whereby it is permitted, the overall purpose of this Zoning Code, as contained in Section 1260.02, and all applicable provisions of this chapter;

      (2)   The proposed use will satisfy all of the relevant provisions and requirements of this Zoning Code and any other applicable ordinance, code and/or regulation;

      (3)   The proposed use will not adversely affect the health, safety, morals and general welfare of the Township;

      (4)   The proposed land use is consistent with the nature of the land uses existing on any immediately adjacent properties, and it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood;

      (5)   The proposed use is consistent in concept and design with other conditional uses for which approval may have been previously granted, and/or it is located in an area or areas for which the site is suited;

      (6)   The proposed use is consistent with the logical extension of public services and utilities, such as a public water and public sewer, and will not have a negative effect on the public services and utilities of the surrounding properties;

      (7)   Proposed construction will be consistent with good design principles and sound engineering and land development practices, and is in keeping with the character of any existing quality construction within the neighborhood;

      (8)   The proposed use will provide safe and adequate access to roads and public services (existing or proposed) and will not result in excessive traffic volumes, or will make any improvements needed to guarantee compatibility with adjacent roads and public services;

      (9)   The proposed use will provide for effective sanitation;

      (10)   The proposed use will create the required screening and landscaping as required in this Zoning Code and any other ordinances or regulations of the Township;

      (11)   The proposed use, as depicted in the plans for subdivision and/or land development, includes proposals for landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible, such as along roads, walks or trails, and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.

      (12)   The proposed use will be properly sited and not be disruptive to existing topography, streams and ponds, vegetation and other natural resources;

      (13)   The proposed use will provide for adequate off-street parking and loading;

      (14)   The proposed use will provide for adequate signage;

      (15)   The proposed use will provide for adequate environmental controls;

      (16)   The proposed use can be adequately serviced by the type of water supply and sewage disposal system which is proposed;

      (17)   The proposed use will be developed using effective stormwater management techniques, and soil erosion and sedimentation control techniques.

   (d)   The Board may impose such conditions as are necessary to insure any or all of the above amenities, as well as compliance with any other relevant ordinances, regulations and codes:

      (1)    In the case of an application for a conditional use, the Planning Commission may, at the request of the Board of Commissioners, perform a review and provide counsel to the Board of Commissioners concerning the grant of approval or disapproval of the proposed use. Such review shall be conducted and a written report submitted to the Board of Commissioners within forty-five days of the date of the first Planning Commission meeting following the date the plan has been filed. The Planning Commission shall discuss the application at least at one of its regularly scheduled public meetings during the review period. The applicant may request the Board of Commissioners to waive a review by the Planning Commission by setting forth reasons in its application why such review is not necessary.

      (2)   The Board of Commissioners may, in the case of an application for conditional use, schedule a hearing for public review and comment. Such hearing shall commence during the ninety-day review period unless the Board of Commissioners and the applicant mutually agree otherwise.  Within ninety days, the Board of Commissioners, at a regularly scheduled meeting or special meeting, shall take action to either approve or disapprove the use.

      (3)   The Planning Commission and the Board of Commissioners shall be responsible for providing notification to the applicant, no less than twenty days prior to the occurrence of any hearing at which testimony will be heard and/or action taken upon approval or disapproval, in order that the applicant may present his or her case at such hearing. Subsequent to the receipt of such notification, the applicant shall be responsible for notifying, no less than ten days prior to such hearing, all abutting property owners.

      (4)   Proof of proper notification shall be required as a precondition before any formal action on the application;

      (5)   Notification of the action taken by the Board of Commissioners shall be made in writing to the applicant. In the event of disapproval it shall be accompanied by a statement of the reasons therefor. In the event of disapproval the applicant may file a new application for conditional use or subdivision and/or land development for another use of the subject property;

      (6)   In the event of approval, should the applicant fail to obtain the necessary Township approvals and permits within twelve months of notification, or, having obtained the necessary approvals and permits, fail to commence work thereunder within six additional months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned his or her appeal or application, and all provisions, conditional use(s) and permits granted to him or her shall be deemed automatically rescinded by the Board of Commissioners. If the Board of Commissioners finds that a good reason exists for the failure to comply with the time periods specified above, an extension may be granted.

      (7)   The grant of approval by the Board of Commissioners for a conditional use shall in no way release the applicant from his or her obligation to comply with the applicable provisions of this Zoning Code and any other applicable Township, State and Federal regulations.

      (8)   All notices, hearings and orders shall be made or shall occur in conformance with the provisions of this Zoning Code and the Pennsylvania Municipalities Planning Code. 

(Ord. 91-7.  Passed 11-25-91; Ord. 2010-03. Passed 8-12-10.)

   The following area and bulk regulations shall apply:

   (a)   Lot size, 30,000 square feet for all commercial uses; 40,000 square feet for all industrial uses;

   (b)   Lot width at building setback line, 125 feet minimum;

   (c)   Lot width at street right-of-way line, fifty feet minimum;

   (d)   Building coverage, forty percent;

   (e)   Lot coverage, impervious surface (building and parking area), seventy-five percent;

   (f)   Front yard setback line, fifty feet minimum;

   (g)   Side yards, twenty-five feet minimum for each side yard;

   (h)   Green area, twenty-five percent minimum;

   (i)   Rear yard, twenty-five feet minimum;

   (j)   Building height, sixty feet maximum;

   (k)   Tower and chimney location, eighty feet minimum from any lot line;

   (l)   Minimum setback of the main building of any yard contiguous to a Residence District shall be 100 feet, provided, however, that any other structures shall have a minimum setback of fifty feet;

   (m)   Parking and driveway area setback from property lines;

      (1)   Side or rear yard, ten feet minimum;

      (2)   Front yard, twenty feet minimum;

      (3)   If abutting a residential zone, then the parking and driveway setback shall be a minimum of twenty feet from the property line and shall be properly landscaped except if Section 1282.06 is applicable.

   (n)   The front, side and rear yard setbacks shall be increased to seventy feet minimum if a driveway is located in the yard, or 100 feet minimum if a parking area is located in the yard.

(Ord. 91-7.  Passed 11-25-91.)

   The following standards shall apply to all uses in the BP District:

   (a)   No obnoxious, toxic or corrosive fumes or gases shall be emitted as a result of the use;

   (b)   No use shall emit offensive odors which are perceptible at lot lines;

   (c)   No use shall emit smoke from plant operations;

   (d)   No use shall produce any heat or glare perceptible at or beyond the lot boundaries;

   (e)   No use shall utilize lighting in a manner which produces glare perceptible at or beyond the District boundaries; neon lighting is not permitted within the District boundaries;

   (f)   No use shall permit physical (low frequency) vibrations perceptible at or beyond the District boundaries;

   (g)   No use shall emit potentially harmful radiation;

   (h)   No use shall engage in the production or storage of any material designed for use as an explosive.

   (i)   No use shall engage in the storage of waste materials, trash, products and/or any other refuge, debris, materials or the like on the lot for any period beyond thirty days. Such waste material storage shall be located behind the front building line of the primary building and no closer than fifty feet to any rear lot line or thirty feet to any side lot line, and shall be completely screened from the view of any street or adjoining property.

   (j)   No use shall discharge any objectionable and/or potentially dangerous effluent from plant operations;

   (k)   No industrial lagoons for chemicals or other liquid waste shall be permitted;

   (l)   Loading facilities shall not be constructed within an area bounded by a triangle fifty feet on each side measured from the nearest point of intersecting street lines;

   (m)   Applicant shall show satisfactory intent to maximize aesthetic quality consistent with the use proposed (i.e. landscaping, screening, signs, etc.);

   (n)   All uses shall be conducted in compliance with the applicable governmental regulations.

(Ord. 91-7.  Passed 11-25-91.)

   Adequate parking appropriate to the use shall be at a minimum rate of:

   (a)   Retail or shop - at least two parking spaces for every 1,000 square feet of gross floor area or fraction thereof;

   (b)   Factory outlets - at least four parking spaces for every 1,000 square feet of sales area or fraction thereof;

   (c)   Office building, bank or financial institution or other public utility office -four parking spaces for every 1,000 square feet of leasable area or fraction thereof;

   (d)   Warehouse, storage house or distribution center - one parking spaces for every 1,000 square feet of gross floor area or fraction thereof;

   (e)   Restaurant - at least one parking space for each 200 square feet of gross floor area, plus one for each employee;

   (f)   Shopping center or group of retail stores or other commercial establishments - four parking spaces for each 1,000 square feet of sales area or fraction thereof;

   (g)   Medical or dental offices and clinics - four parking spaces for each practitioner.

   (h)   Other buildings or uses - any building or open area used for a purpose not covered above shall demonstrate that it will provide a sufficient number of parking spaces for the intensity of the use and must be approved as a conditional use.

(Ord. 91-7.  Passed 11-25-91; Ord. 2010-03. Passed 8-12-10.)

   In order to encourage a sound and attractive pattern of development, each use shall comply with the following additional requirements.

   (a)   To maintain a high standard of appearance and construction and to provide interesting and tasteful exteriors, the exterior walls of each building within the development are to be constructed of durable, permanent materials;

   (b)   Vertical roof projections, such as towers, vents, stacks or other roof-mounted equipment, should be avoided, or should be integrated into the design of the structure or otherwise screened from view;

   (c)   Windows or semi-opaque glazing will be required on all exterior walls of buildings which are visible from existing or proposed public street rights-of-way;

   (d)   All exterior service, loading and utility areas (including transformers, cooling towers, etc.) shall be adequately screened or sheltered from existing and proposed street rights-of-way;

   (e)   Along each property line which directly abuts an existing residential use, a landscaped buffer area not less than forty feet in width shall be provided subject to the provisions herein;

   (f)   Each use shall comply with the performance standards contained herein and shall provide and utilize such noise and other control devices which are necessary to insure that the use will not be objectionable as defined in this section.

(Ord. 91-7.  Passed 11-25-91.)

   The Board of Commissioners may, by resolution, adopt a fee schedule for the payment of filing fees, costs of hearings and engineer's and attorney's fees to be paid by the applicant in processing any application under this chapter.

(Ord. 91-7.  Passed 11-25-91.)