Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE XVII
LI Limited Industrial District
§ 230-101 Intent.
A.
In expansion of the declaration of legislative intent contained in Article I, § 230-2, of this chapter, it is hereby declared to be the intent of this article, with respect to limited industrial zones, to establish regulations concerning permitted uses and reasonable standards for the height and size of buildings, the areas and dimensions of yards and open spaces and the provision of facilities and operation of industries to minimize traffic congestion, noise, glare, air pollution, water pollution, and fire and safety hazards in industrial districts.
B.
In addition to allowing industrial uses, this district is intended to allow nonindustrial uses that are compatible with industrial uses and do not change the character of industrial areas.
[Amended 5-17-1993 by Ord. No. 93-15Z]
§ 230-102 Applicability.
In an LI Limited Industrial District, the following regulations shall apply.
§ 230-103 Use regulations.
[Amended 7-1-1991 by Ord. No. 17-063; 4-26-1993 by Ord. No. 93-13Z; 5-17-1993 by Ord. No. 93-15Z; 5-17-1993 by Ord. No. 93-15Z; 1-11-1999 by Ord. No. 98-97Z; 12-17-2007 by Ord. No. 07-226Z; 7-26-2021 by Ord. No. 21-321Z; 9-12-2022 by Ord. No. 22-329Z; 8-10-2026 by Ord. No. 26-358Z]
A.
The specific uses permitted in this district shall be the erection, construction, alteration or use of buildings, premises or land for the following uses and no other:
(1)
Any limited industrial use, including and restricted to scientific research laboratory, engineering center, administration (office building), manufacturing, fabricating, assembling, processing, warehousing and storage. No limited industrial use prohibited in Subsection B below shall be permitted. Any permitted limited industrial use must comply with the provisions of §§ 230-104 through 230-113, inclusive.
(2)
Agriculture II uses. Any building or area used for the keeping or raising of livestock or poultry shall be situated not less than 100 feet from any property line or the ultimate right-of-way of any street.
(3)
Dwelling quarters for watchman and caretaker employed on the premises, permitted in connection with any industrial establishments.
(4)
Trade or professional school.
(5)
Such wireless telecommunications facilities as permitted by right, special exception or conditional use, depending on the type of facility, in compliance with Article XXX herein.
(6)
Grower/processor facility, subject to each of the following specific requirements:
(a)
Except as modified herein and subject to the requirements of the Medical Marijuana Act and the regulations and requirements promulgated under Title 28, Part IX, of the Pennsylvania Code, as amended and updated from time to time, the grower/processor facility shall comply with the dimensional requirements applicable in the Industrial District.
(b)
The grower/processor shall provide a permit issued by the Commonwealth of Pennsylvania Department of Health or proof that a permit has been sought and is pending approval, and shall at all times maintain a valid, accurate and up-to-date permit from the Commonwealth of Pennsylvania Department of Health for the operation of the grower/processor facility. Should such permit, or renewal thereof, denied, suspended or revoked at any time, any Township approval of the grower/processor facility shall become void.
(c)
The grower/processor and the grower/processor facility shall comply with all applicable standards, rules, regulations and requirements of the Commonwealth of Pennsylvania Department of Health and the Commonwealth of Pennsylvania, including, without limitation, the Medical Marijuana Act and Title 28, Part IX, of the Pennsylvania Code, as amended and updated from time to time.
(d)
No grower/processor facility shall be located within 1,000 feet in any direction of the property line of any public, private or parochial school, day-care center or family day-care home.
(e)
All signage shall comply with Article XVIII, Signs.
(f)
Off-street parking shall be provided in accordance with Article XIX, Off-Street Parking and Loading.
(g)
To the extent that there is any conflict between this Chapter 230 and the provisions of the Medical Marijuana Act or the regulations and requirements promulgated under Title 28, Part IX, of the Pennsylvania Code, as amended and updated from time to time, the grower/processor and grower/processor facility shall comply with the more restrictive provision.
(h)
Grower/processor facilities shall not be open to the general public.
(i)
Grower/processor facilities shall be fully secured and have nonstop, 24/7 security operations in accordance with the requirements of the Medical Marijuana Act and all applicable standards, rules, regulations and requirements promulgated thereunder.
(j)
Grower/processor facility operations shall be conducted indoors.
B.
The following uses shall not be permitted:
Abattoirs |
Acetylene gas manufacture |
Acid manufacture |
Ammonia, bleaching powder or chlorine manufacture |
Arsenal |
Asphalt manufacture or refining |
Automobile junk or dismantling yards, including wrecking and storage yards |
Blast or reverberatory or foundry |
Breweries |
Celluloid manufacture |
Cement, including cement mixing plant, concrete mixing plant, lime, gypsum, plaster or plaster of paris manufacture |
Coke ovens |
Cork manufacture |
Creosote treatment or manufacture |
Dead animal and offal reduction |
Disinfectants manufacture |
Distillation of bones, coal, grain or wood |
Drop hammer |
Dyestuff manufacture |
Exterminator and insect poison manufacture |
Emery cloth and sand paper manufacture |
Fat rendering; manufacturing of vegetable, animal or mineral fats and oils |
Fertilizer manufacture |
Fireworks or explosive manufacture or storage |
Fish smoking and curing |
Flour mill |
Foundry; forge plant |
Glue, size or gelatine manufacture |
Hog farm |
Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal |
Lime kiln |
Match manufacture |
Meat packing |
Mining |
Oil cloth or linoleum manufacture |
Oiled or rubbed goods manufacture |
Ore reduction |
Paint; shellac; varnish; lacquer |
Plating works |
Potash works |
Power forge (riveting, hammering, punching, chipping, drawing, rolling or tumbling of iron, steel, brass or copper, except as a necessary incident to manufacture of which those processes form a minor part and which are carried on without objectionable noise outside the plant and permitted as a special exception) |
Pyroxylin manufacture |
Quarrying or removal of soil or mineral deposits in any form, including blasting operations |
Rubber, caoutchouc or gutta-percha manufacture or treatment, tire recapping and vulcanizing |
Sauerkraut manufacture |
Shoeblacking manufacture |
Smelters |
Soap and detergent manufacture |
Soda and compound manufacture |
Steel furnace; blooming or rolling mill |
Stockyards |
Tallow, grease or lard manufacture or refining |
Tanning, curing or storage of leather, rawhides or skins |
Tar distillation or manufacture |
Vinegar manufacture |
Wool pulling or scouring |
Any other use which is or may be noxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, illumination or noise or harmful radiation or which is or may be dangerous to the public health, welfare or safety or which constitutes or may constitute a public hazard, whether by fire, explosion or otherwise |
C.
The following uses are permitted when authorized as a conditional use:
(1)
Family day-care home, group day-care home and day-care center, subject to the provisions of Article XXI, § 230-156.1, herein.
(2)
Indoor athletic facilities, including but not limited to courts, fitness centers, batting cages, golf driving ranges, bowling alleys, tracks, skating rinks, swimming pools and health clubs. Entertainment facilities, such as movie theaters, are not permitted. Indoor athletic facilities shall be located in a building that has at least 20,000 square feet of gross floor area, although the indoor athletic facility does not need to use the whole building. Indoor athletic facilities may include accessory retail sales and accessory video arcades/game rooms, provided that retail sales areas and video arcades/game rooms do not comprise more than 15% of the gross floor area of the athletic facility or 3,000 square feet, whichever is less.
(3)
Outdoor recreation and athletic facilities, including courts, playing fields, swimming pools, golf courses, batting cages, running tracks and similar uses, provided that:
(a)
The use is located on a lot 10 acres or larger in size.
(b)
Accessory retail building use is limited to a maximum of 0.5% ( 1/2 of 1%) of the total tract acreage devoted to the outdoor recreation facility. Additional accessory retail space may be permitted as a conditional use, so long as the total accessory retail space permitted does not exceed 1% of the total tract acreage devoted to the outdoor recreational facility. In addition, the accessory retail use shall be conducted by the same ownership as the outdoor recreation facility and shall be located within a building.
(c)
If the outdoor recreational use, or any portion thereof, changes to a nonrecreational use, the accessory retail use permitted in Subsection C(3)(b) above must be discontinued or reduced proportionately.
(d)
The lot upon which the outdoor recreational use is located cannot be further subdivided unless the accessory retail use is discontinued or reduced in proportion to the size of the remaining lot devoted to the outdoor recreational use in accordance with Subsection C(3)(b) above. Any conditional use approved by the Board of Supervisors under Subsection C(3)(b) above shall be discontinued if the lot upon which the conditional use is located is further subdivided.
(e)
Street or driveway access to the tract of land is limited to one access point per street frontage, with multiple use sharing this access.
(f)
The hours of operation shall follow limitations set by the Board of Supervisors, which shall consider the proposed use and its impact on abutting residences when setting these hours.
(g)
The proposed use complies with all of the parking, lighting, signing, landscaping, and fencing requirements of this chapter and Chapter 205, Subdivision and Land Development.
(4)
Lifestyle apartments, provided that:
(a)
The property to be developed as lifestyle apartments shall have a minimum gross site area of 10 acres.
(b)
The use is located on a lot that is immediately adjacent to an existing residential zoning district.
(c)
The use is located on a lot that has two points of access to arterial streets. Such access may be permitted via a permanent easement over adjacent properties, with the terms of such easement to be reasonably approved by the Township. If such an easement is utilized, the lot shall not be considered a flag lot and shall not be subject to the regulations contained within § 230-156.5.
(d)
The property to be developed as lifestyle apartment shall include pedestrian connections to existing commercial developments and/or recreational or civic uses in the Township, where feasible. All trails and/or trail connections shall be generally consistent with the Montgomery Township Open Space Plan. If such trail connections are not feasible due to unique features of the subject property, the Board of Supervisors may waive such requirement and accept a fee-in-lieu thereof.
(5)
Data centers; data center campus, provided that such use and operation are in accord with the following criteria and requirements:
(a)
Street access. A data center or data center campus shall take access from an arterial or collector road and shall have secondary access suitable for emergency response purposes.
(b)
Bulk standards.
[1]
Minimum lot size: A data center or multiple data centers containing, individually or collectively on a single property, over 100,000 square feet in gross floor area shall have a minimum lot area of 10 acres, in compliance with § 230-116A(1). Data center(s) with less than this gross square footage shall comply with the minimum lot size requirements for the LI Limited Industrial District.
[2]
Maximum height: Data centers, data center accessory uses, and energy generation systems may not exceed 60 feet in height. The maximum height shall be inclusive of rooftop appurtenances and rooftop accessory uses and equipment.
[3]
Minimum setbacks: Data centers, data center accessory uses, energy generation systems, and truck idling areas shall have a minimum setback from all property lines of 250 feet, with the exceptions of utility lines, fiber optic lines, and security stations.
[4]
Data centers, data center accessory uses, data center electrical substations, and energy generation systems shall be a minimum of 500 feet from residential uses, residential districts, and/or other sensitive receptors.
[a]
The required separation distance shall be measured in a straight line from the closest point of a data center, data center accessory use or data center electrical substations to the nearest property line of the residential use, residential zoning district, or sensitive receptor, as applicable.
[5]
Maximum building coverage shall comply with § 230-116A(2), Area, width and yard regulations for the LI Limited Industrial District.
[6]
Maximum impervious coverage shall comply with § 230-116A(3), Area, width and yard regulations for the LI Limited Industrial District.
[7]
Any use or activity producing air, dust, smoke, glare, exhaust, heat, or humidity in any form shall not be perceptible at or beyond the property line.
(c)
Design.
[1]
Data center facades shall require fenestration, step-back(s), cantilever(s), projection(s), or architectural elements extending horizontally across at least 60% of the facade.
[2]
Principal building facades shall require a horizontal offset of at least 10 feet at intervals of no more than 150 linear feet (measured horizontally) of principal building facade.
[3]
No more than 80% of a principal building facade may consist of one building material.
[4]
No more than 80% of a principal building facade may consist of one color, texture, or pattern.
[5]
Data center facades shall avoid the use of undifferentiated surfaces by including the following design elements:
[a]
Change in building height;
[b]
Building step-backs or recesses;
[c]
Fenestration;
[d]
Change in building material, pattern, texture, color;
[e]
Use of accent materials; and
[f]
Other architectural features determined as satisfactory to the Board of Supervisors.
[6]
Data center principal buildings shall include an articulated main entrance. This entrance shall be differentiated from the rest of the building with a change in building material, pattern, texture, color, or architectural accent. It shall also either project or be recessed from the adjoining building plane.
[7]
Roof-mounted equipment shall be set back from the parapet at least as far as the equipment's height above the roof surface.
[8]
Elevations/renderings of all principal building facades visible from off-site shall be submitted with the conditional use application.
[9]
Fencing shall not include barbed or razor wire and shall be subject to Township fence standards.
[10]
Projects shall be designed and constructed to, at a minimum, be at a Certified Level under the USGBC LEED BD+C: data centers rating system, or equivalent design standard, as approved by the Township Engineer.
(d)
Energy usage plan.
[1]
The applicant for a data center, data center campus, and/or data center accessory use shall provide an energy usage plan with the conditional use application, which plan shall provide or identify at a minimum the following:
[a]
Annual electricity demand;
[b]
Energy supply sources that will be utilized;
[c]
Energy storage capacity as applicable;
[d]
Proposed sources of back-up power;
[e]
Documentation of efforts to maximize use of renewable and/or clean energy for all electrical and cooling needs, including: 1) those to reduce the need for new electric generation by incorporating the best available energy efficiency into the design of data center servers, cooling units, and the building structure; 2) cover 50% to 80% of all unused roof space with solar arrays to offset a portion of the demand on the electric grid and reduce onsite emissions; 3) explore battery storage as a backup energy source for 50% to 100% of total onsite back-up energy needs to reduce or eliminate the pollution associated with diesel backup generators; 4) support off-site renewable energy generation through a power purchase agreement or other arrangement that will result in new renewable energy generation within the applicable Regional Transmission Organization, such as the PJM region; and 5) monitor and report energy efficiency and emissions data to the Township on a regular basis.
[f]
If interconnecting to the energy grid, documentation of the energy utility interconnection approval process with answers to the following: 1) documentation that an application for the project has been filed with the electric utility provider, and the required fee has been paid; 2) documentation that a transmission security agreement has been received by the applicant; 3) documentation that the transmission security agreement has been signed by all necessary parties; and 4) the date that the electric utility provider provided for the proposed energization of the data center.
[g]
The energy usage plan will be prepared and certified by a qualified professional. The plan shall be subject to review and comment by the Township. The Township shall have the right to require supplemental or amended plans based upon comments by the Township prior to conditional use approval.
[2]
A proposed data center whose energy usage plan shows power demand of over 50 megawatts (MW) and that proposes to connect to the power grid shall be required to procure a minimum of 10% of its power from renewable generation sources generated withing the applicable Regional Transmission Organization, such as the PJM region, which include solar, wind, hydroelectric power, geothermal, and waste heat from data center cooling processes. Electricity supply shall be procured through a power purchase agreement or similar mechanism as opposed to purchasing renewable energy credits (RECs) only.
(e)
Energy generation systems and electrical substation usage.
[1]
Any energy generation system designed or used to supply power directly to a data center during normal operations, including solar, wind, fossil fuel, fuel cells, or nuclear energy generating systems, shall not be considered part of the data center use but shall be subject to existing Township or utility regulations. Such systems shall be considered a separate principal use for a property and must be approved according to all applicable state, federal, or other applicable agency regulations along with Township zoning regulations applicable to such use. However, such systems shall be permitted upon the same property as a data center or as part of a data center campus if the energy generation system is owned and operated as the same entity operating the data center, and shared ownership is maintained. The applicant shall select, design, and locate the energy generation systems to limit noise, emissions, and visual impacts to adjacent and nearby use. Data center principal buildings on a site shall be located between energy generation systems and residential districts or any sensitive receptors so that an energy generation system is screened from public view.
[2]
Use for peak shaving or supplying power to the grid is prohibited from any energy generation system unless specifically approved as a principal use by the Township as part of the conditional use approval.
[3]
Data center electrical substations shall be located on the side or rear of the principal building for the data center or principal buildings on a data center campus so they are screened from public view and shall not be located in a required front yard. On-site substations do not require a buffer or screening between the data center's principal building(s) and the substation.
[4]
Data center electrical substations or energy generation systems visible from an arterial roadway shall include a combination of year-round opaque landscaping and screening walls to minimize visual impact.
[5]
When feasible, burying power lines serving the property is required. On-site power lines of 34.5 kV and below shall be buried.
[6]
Data center electrical substations and/or energy generation systems located on a property that abuts a zoning district boundary other than industrial, and/or a boundary with a property with a sensitive receptor shall be set back a minimum of 500 feet from the property line. If abutting both another industrial-zoned parcel and use, substations shall meet the requirements for accessory uses in the LI Limited Industrial District.
[7]
Any data center electrical substation or energy generation system must comply with any other aspect of the Township's Zoning Code related to uses governing electrical substations or energy generation, in general, and any other outside agency requirements.
(f)
Backup power usage.
[1]
Diesel generators shall meet Tier 4 emission standards of the U.S. Environmental Protection Agency.
[2]
Diesel generators shall undergo annual testing, and reports shall be provided to the Township upon request to ensure that data center's equipment is performing as designed and that emissions from the data center do not exceed permitted limits.
[3]
Emergency energy generation that uses diesel, gasoline, or another fossil fuel shall be used only at the following times:
[a]
When the primary source of energy is not available due to an emergency outage.
[b]
During routine maintenance, or readiness testing for a short duration of time and capped at 100 hours per year. Data center operators shall maintain records of such testing and maintenance times and shall provide such records to the Township upon written request to ensure compliance with this subsection.
[c]
Routine maintenance testing of back-up fossil fuel-powered generators is restricted to the hours of 9:00 a.m. through 3:00 p.m. Monday through Friday.
(g)
Water usage.
[1]
Any water-based cooling systems associated with a data center use shall operate as a closed-loop water system. No water utilized by a data center facility shall be discharged, released, or otherwise exported from the site, and only if otherwise permitted, except through a connection to a public sanitary sewer system approved by the Township and the appropriate sewer authority. Open-loop, once-through, or evaporative water-intensive cooling systems are expressly prohibited. An applicant may propose an alternative cooling system that can be demonstrated to use less water and energy than closed-loop systems to the satisfaction of the Township Engineer.
[2]
The applicant shall submit, as part of any conditional use application, written documentation from a public water utility provider authorized to serve the Township confirming that the proposed use will be served exclusively by the public water system, that sufficient capacity is available to accommodate the proposed demand, and that the proposed wastewater disposal system complies the the provider's industrial pretreatment program.
[3]
No conditional use approval shall be granted for a data center proposing the use of groundwater wells, springs, or direct withdrawals from surface watercourses for water sources.
[4]
Wastewater disposal:
[a]
Data centers shall rely solely upon the Township's public system for wastewater disposal when such disposal is permitted.
[b]
Wastewater disposal shall comply with all requirements of the applicable Township or sewer authority industrial pretreatment program, and any applicable Township ordinance, and shall be required to demonstrate compliance as part of the conditional use approval process.
[c]
The applicant shall submit an analysis of wastewater disposal needs to the Township's applicable public sewer system, indicating the quantity and types of wastewater generation expected. Wastewater shall include, but is not limited to, sewage, water discharged as part of the data center's HVAC system, and/or water used for a closed-loop water system. In addition, as part of the conditional use application, the applicant shall provide a plan for wastewater disposal that is not permitted to be disposed of through the applicable public authority's industrial pretreatment program. With the conditional use application, the applicant shall submit documentation certified by the applicable public authority that the public authority can support the conveyance and treatment needed and that the wastewater disposal plan complies with the authority's industrial pretreatment program. The applicant shall supply the public authority with all information necessary by the public authority to make such determinations.
[d]
Any untreated wastewater generated is prohibited to be discharged to stormwater systems, surface waters, underground engineered or natural aquifers, or underground storage tanks or wells.
[e]
Water discharged as part of the data center's HVAC system and/or water used for a closed-loop water system shall not be permitted to be discharged or otherwise disposed of through the applicable public authority's wastewater system.
(h)
Thermal impact. A thermal impact mitigation plan, prepared and certified by a qualified professional, shall be submitted with the conditional use application, including, at a minimum:
[1]
Identification of primary sources of waste heat (air- and water-based).
[2]
Evaluation of potential off-site thermal impacts (including plume/heat discharge and localized heat islands) under representative seasonal conditions.
[3]
Description of design measures to minimize heat impacts (e.g., equipment siting, shielding, landscaping, cool roofs/paving where applicable).
[4]
Evaluation of feasible opportunities for waste heat reuse. Where reuse is not feasible, the reason(s) why should be given, in which case alternative mitigation shall be identified (e.g., vegetative or green roof and/or site design modifications).
[5]
Inclusion of a monitoring/verification plan process that can be verified by the Township, if required by conditions of approval based on proximity to sensitive receptors or site constraints.
[6]
The thermal impact mitigation plan shall be subject to review and comment by the Township. The Township shall have the right to require supplemental or amended plans based upon comments by the Township prior to any use approval.
(i)
Noise and vibration.
[1]
Whether on a rooftop, on the ground level, or elsewhere on the exterior of the property, mechanical equipment must be screened by an acoustical barrier.
[2]
The applicant shall provide and, as applicable, agree to provide the following noise and vibration studies:
[a]
The applicant shall submit a pre-construction noise and vibration study with the conditional use application prepared and sealed by a qualified professional of acoustical noise or vibration analysis, to include the predicted noise and vibration levels from the operation of the data center and/or data center accessory uses.
[b]
Simultaneous operation assumption. All noise evaluations, studies, modeling, and compliance determinations shall assume the concurrent operation of all generators, cooling systems, mechanical equipment, and other noise-producing devices operating at maximum rated capacity, unless a more restrictive operating condition is required by approval.
[c]
Within 180 days following issuance of a use and occupancy certificate and commencement of operations at the data center or a data center Accessory Building, the applicant shall submit to the Township an as-built post-construction noise and vibration study. The study shall:
[1]
Be conducted by a qualified professional using applicable ANSI standards and generally accepted criteria.
[2]
Demonstrate compliance with all applicable noise regulations set forth in the Data Center Noise Standards Tables at the end of this section. Compliance shall be demonstrated using objective sound level limits expressed in A-weighted decibels (dBA), measured and evaluated in accordance with standardized methodologies acceptable to the Township.
[3]
Include sound measurements taken at all property lines.
[4]
Include measurements taken during normal operations, peak cooling load, and during operation of emergency generators under load.
[5]
Address low-frequency noise impacts, including compliance with applicable dBC limits set forth in the Data Center Noise Standards Tables.
[6]
Vibration standards to be used in the study. Vibration shall be evaluated using two distinct criteria: a) Building damage: Ground vibration shall not exceed 0.2 to 0.5 inches per second peak particle velocity (PPV), measured in accordance with USBM RI 8507 or successor standard; and b) Human perception: Vibration levels shall not exceed 65 VdB, measured in accordance with ISO 2631-1 or successor standard.
[7]
Identify all measurement locations, instrumentation used, calibration documentation, testing methodology, operational conditions during testing, and meteorological conditions.
[8]
The timing of the post-construction noise and vibration study shall not preclude enforcement by the Township at any time upon identification of a violation. The applicant shall provide reasonable access to monitoring data, equipment specifications, and operating conditions to the Township Engineer, designee or other consultant acting on behalf of the Township.
[3]
If the post construction study demonstrates non-compliance with any applicable noise or vibration standard, or if the study is inconclusive, the applicant shall, within 30 days of written notice from the Township, submit a corrective action plan prepared by a qualified professional. All violations shall be fully remediated within a timeframe approved by the Township, but in no event later than 30 days following Township notice of non-compliance, unless extended by the Township for good cause shown. The corrective action plan must show the mitigation measures on a site plan and must be designed in compliance with all noise mitigation measures identified as needed or recommended by the corrective action plan. The Zoning Officer has the authority to interpret and enforce the post-construction study and any necessary mitigation or corrective measures.
[4]
If the pre-construction noise study establishes a baseline sound level in excess of the maximum sound level permitted under Data Center Noise Standards Tables, the post-construction study shall demonstrate that operations of the proposed use do not increase baseline ambient sound levels. Sound levels with 1 dBA of ambient sound levels will meet this requirement.
[5]
Objective noise standards. Noise limits shall be established by land use category, measurement location, time of day, and averaging period, and shall include provisions for instrumentation and low-frequency noise evaluation.
[6]
The Township may require additional noise and vibration testing upon receipt of substantiated complaints or following material modification, replacement, or addition of mechanical equipment, cooling systems, generators, or other vibration-generating equipment.
[7]
If initial monitoring or complaints indicate a probable violation, the Township may require interim mitigation measures, which may include operational modifications, equipment limitations, additional or increased acoustic barriers, or temporary curtailment of specific noise-producing activities until compliance is demonstrated.
[8]
Data Center Noise Standards Tables:
Data Center Noise Standards Tables |
|---|
The following tables establish objective noise limits, modeling requirements, and enforcement procedures applicable to data center use. These standards shall supersede noise standards set forth in any noise chapters or noise provisions of the Code for data centers only. |
Table 1: Data Center Noise Limits, Measurement, and Compliance Requirements | |
Category | Requirement |
Applicable uses | Data centers, data center accessory uses and any other accessory mechanical equipment, generators, cooling systems, or substations |
Measurement basis | A-weighted sound levels (dBA), unless noted otherwise for low-frequency noise |
Receptor locations | Measurements and modeling shall be conducted at the nearest property line to receptors |
Operating condition assumption | All compliance evaluations shall assume simultaneous operation of all generators, cooling equipment, and other noise-producing devices at maximum rated capacity |
Table 2: Numeric Noise Limits by Zoning Use | ||
|---|---|---|
Adjoining Land Use | Daytime (7:00 AM - 10:00 PM) | Nighttime (10:00 PM - 7:00 AM) |
Residential | 55 dBA Leq (1-hour) | 45 dBA Leq (1-hour) |
Mixed-use/commercial | 60 dBA Leq (1-hour) | 50 dBA Leq (1-hour) |
Industrial | 65 dBA Leq (1-hour) | 55 dBA Leq (1-hour) |
Short-term tonal or impulsive noise exceeding the above limits by 5 dBA or more shall constitute a violation. | ||
Table 3: Low-Frequency Noise Criteria | |
|---|---|
Parameter | Requirement |
Frequency sensitivity | C-weighted sound levels (dBC), capturing enhanced sensitivity to low-frequency noise |
Measurement metric | Equivalent continuous sound level (Leq, 1-hour) in dBC |
Measurement locations | At the nearest property line |
Daytime limit (7:00 AM - 10:00 PM) | 70 dBC Leq (1-hour) |
Nighttime limit (10:00 PM -7:00 AM) | 60 dBC Leq (1-hour) |
Tonal/narrowband noise | Clearly perceptible low-frequency tonal noise shall require mitigation regardless of overall dBC compliance, as determined by the qualified professional or the Township based on clearly perceptible tonal characteristics |
Applicability | Limits apply under simultaneous operation of all generators, cooling systems, and mechanical equipment |
Table 4: Modeling and Study Requirements | |
|---|---|
Requirement | Standard |
Pre-construction study | Required with conditional use application |
Post-construction verification | Required within 180 days of commencement of operations |
Prepared by | Qualified professional with demonstrated noise expertise |
Modeling methodology | ISO 9613-2, CadnaA, SoundPLAN, or equivalent accepted industry model |
Meteorological assumptions | Downwind propagation, ISO-conservative conditions |
Equipment data | Manufacturer sound power levels and octave-band spectra |
Low-frequency evaluation | Required where large generators or cooling systems are used |
Table 5: Measurement Procedures | |
|---|---|
Element | Requirement |
Instrumentation | Type 1 or Type 2 ANSI-certified sound level meter |
Calibration | Pre- and post-measurement field calibration required |
Measurement duration | Minimum 15 minutes per location unless otherwise specified. Sound level limits expressed as hourly equivalent levels (Leq, 1-hour) may be evaluated using shorter-duration measurements, including the minimum durations identified in this table, where such measurements are conducted under steady-state operating conditions and are representative of normal operations. |
Operating conditions | Measurements shall include peak cooling load and generator operation under load |
Background noise | Baseline ambient levels documented prior to construction |
Table 6: Compliance | |
|---|---|
Item | Requirement |
Material increase definition | An increase of > 3 dBA above baseline ambient sound level |
Violation determination | Exceedance of numeric limits or material increase |
Retesting authority | Township may require additional testing following substantiated complaints or equipment changes |
(j)
Air pollution.
[1]
As part of the conditional use application, the applicant shall provide a plan and/or report prepared by a qualified professional detailing how the data center and any energy generation system on the property shall comply with all applicable state and federal laws regulating air pollution emissions.
[2]
Six months after a data center and/or energy generation system commences operation, the data center operator shall submit to the Township an air pollution and plume study or report prepared by a qualified professional with demonstrated air pollution measurement expertise. Such study or report shall, at a minimum, evaluate the then-existing site conditions as it relates to air pollutant emissions and applicable state and federal standards, and any proposed site conditions or changes if needed to maintain or reach compliance. The data center operator shall ensure that all emissions meet or exceed applicable state and federal laws regulating emissions, as applicable to the property's location. If compliance is not shown in the study/report, the data center operator shall make any necessary changes to reduce air pollutant emissions to such acceptable standards, and provide a new plan/study that establishes such compliance, within 30 days from the date of the prior plan/study.
[3]
Thereafter, applicant shall agree as a condition of conditional use approval that annual testing shall be performed and reports shall be provided to the Township and other relevant state and federal agencies to ensure that data center, energy generation system, and/or data center accessory use equipment is performing as designed and emissions from such data center facilities or energy generation system do not exceed allowable limits. Such testing and reporting shall be at the sole expense of the applicant or the applicant's assignee.
(k)
Emergency response.
[1]
An emergency response plan shall be required as part of the conditional use application and shall be prepared by a qualified professional with demonstrated experience in providing such plans. The emergency response plan shall:
[a]
Evaluate the impacts, both positive and negative, of the proposed data center upon emergency services and fire protection.
[b]
Be reviewed by and acceptable to the Township fire department and emergency management services as part of the conditional use process.
[c]
Include detailed procedures for fire suppression, containment, ventilation, and evacuation.
[d]
Ensure that all first responders receive adequate training specific to the installed system at the expense of the applicant or the applicant's assignee.
[e]
Include provisions for annual fire safety inspections demonstrating compliance with fire safety standards to be performed by a qualified professional at the expense of the applicant or the applicant's assignee.
[2]
Each data center or data center campus shall provide 24-hour emergency contact signage that is visible at the main entrance. Such signage shall include the company name (if applicable), the owner/representative's name, the telephone number, and the corresponding local power company's name and telephone number.
[3]
The applicant shall coordinate with the Township's emergency management coordinator to ensure there is adequate radio coverage for emergency responders within all on-site buildings and facilities, based upon existing coverage levels of the Township's public safety radio communications system exterior to on-site buildings. The applicant shall install enhancement systems, as needed, to achieve compliance.
[4]
The equipment used in any data center operation shall be housed in a metered, electrically grounded, and pre-engineered metal-encased structure with a fire rating designed to resist an internal electrical fire for at least 30 minutes and in compliance with the National Electrical Code as adopted through Chapter 80 of the Township Code, Uniform Construction Codes. The containment space shall contain baffles that automatically close in the event of fire, independent of a possible electric system failure.
[5]
Data centers, energy generation system, and any data center accessory use facilities proposing battery storage or any other device or group of devices capable of storing energy in order to supply electrical energy at a later time, whether the energy is stored for use on-site or off-site, shall demonstrate compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems, or similar standards and shall include fire suppression systems designed specifically for battery storage and incompliance with the National Electrical Code as adopted through Chapter 80 of the Township Code, Uniform Construction Codes.
[6]
No data center, energy generation system, or data center accessory use facility shall be approved for conditional use unless the applicant demonstrates that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare.
(l)
Electronic waste. An electronic waste plan shall be submitted with the conditional use application outlining procedures for safe removal and recycling and/or disposal of server infrastructure, hazardous materials, batteries, electronic waste, and related products that meet all state and federal requirements, which will apply in cases when the equipment within the data center or energy generation system is updated or decommissioned. The plan shall be subject to review and comment by the Township. The Township shall have the right to require supplemental or amended plans or reports based upon comments by the Township prior to conditional use approval.
(m)
Parking.
[1]
One parking space shall be required for each employee, based upon the number of employees projected to work during the largest shift, plus five spaces for visitors.
[2]
The Township may ask for an additional 25% of required parking spaces to be held in reserve.
(n)
Sensitive receptors. Unless physically impossible, data center accessory use facilities, data center electrical substations, energy generation systems, and other noise, pollution, and/or odor creators shall be oriented away from abutting sensitive receptors. Screening as described in Subsection C(5)(o) below, Buffer yards and screening, shall be provided. When making feasibility decisions, the Township must consider existing laws and regulations and balance public safety with the site development's potential impacts on nearby sensitive receptors.
(o)
Buffer yards and screening.
[1]
All data center operations and facilities, including energy generation systems, shall provide buffer yards and screening along all property boundary lines, except for areas of ingress and egress into the site. All buffers shall be provided as set forth herein, which shall be planted in accordance with the provisions of Article VI, Landscaping, of Chapter 205, Subdivision and Land Development, and other applicable Township screening and tree planting requirements.
[2]
Service areas. Loading bays, refuse collection areas, and service entrances shall be screened from view from existing or planned public roads. Sensitive receptors, and residential zoning districts. Screening may include year-round landscaping or a screen wall that will substantially mitigate visual impacts of such areas to the satisfaction of the Township Engineer, as determined by a line-of-sight study submitted by the applicant with the conditional use application.
[3]
The buffer yard may be located within the required building setback lines. Excepting the primary ingress and egress into the site, no impervious surface is permitted within the buffer yard aside from access drives, sidewalks, and associated improvements.
[4]
Mechanical/electrical equipment screening:
[a]
Ground-mounted:
[i]
Ground-mounted equipment adjacent to and serving the data center shall be completely screened behind an opaque wall or fence. When the equipment is located between buildings, a combination of walls and gates may be used at the openings between buildings.
[ii]
When in or adjacent to an industrial use or zoning district, ground-mounted equipment screening is only required from any existing or planned public road.
[iii]
Ground-mounted equipment is prohibited in any required setback.
[b]
Roof-top:
[i]
All roof-top-mounted equipment shall be screened by a parapet wall, equipment penthouse, or visually solid screen on all four sides that is constructed of materials complementary to those used in the exterior construction of the data center or energy generation system. This shall be accomplished by setting the penthouse or screened area back from the facade of the building such that the top of the penthouse or screen is below a 45-degree line drawn from the top of the parapet. Roof-top equipment to be screened and includes, but is not limited to, the following: cooling, ventilation, and power supply machinery.
[ii]
Roof-top equipment that is visible above the parapet wall shall be set back from the exterior or parapet wall a distance no less than the height of said equipment.
[iii]
Roof-top equipment may exceed the applicable maximum district building height when completely screened pursuant to the provisions of this chapter and approved at the time of conditional use approval.
[iv]
Roof-top equipment other than solar may occupy up to a maximum of 30% of the roof area when screened per this section and, when combined with the height of the applicable data center building, energy generation system, of data center accessory use facility, does not exceed the maximum building height requirement.
(p)
Vegetative buffering.
[1]
Data center sites abutting sensitive receptors or collector/arterial roads must include an enhanced vegetative buffer yard with required plantings located on an earthen berm with a grade no steeper than 3:1. The minimum height of the berm abutting sensitive receptors is 10 feet, and the minimum height of a berm abutting collector/arterial roads is six feet.
[2]
Where the combined footprint of the principal structure or structures is less than 100,000 square feet:
[a]
A minimum 100-foot vegetative buffer yard shall be provided along the entire length of any public street frontage of any property upon which the data center is located and along any property line which abuts or is within 500 feet of an existing residential property line or sensitive receptor.
[b]
A minimum 50-foot buffer yard shall be provided along any property line adjacent to a non-residential use or zone.
[3]
Where the combined footprint of the principal structure or structures is between 100,000 square feet and 250,000 square feet:
[a]
A minimum 150-foot vegetative buffer yard shall be provided along the entire length of any public street frontage of any property upon which the data center is located and along any property line which abuts or is within 500 feet of an existing residential property line or sensitive receptor.
[b]
A minimum 50-foot buffer yard shall be provided along all other property lines.
[4]
Where the combined footprint of the principal structure or structures exceeds 250,000 square feet:
[a]
A minimum 300-foot vegetative buffer yard shall be provided along the entire length of any public street frontage of any property upon which the data center is located and along any property line which abuts or is within 500 feet of an existing residential property line or sensitive receptor.
[b]
A minimum 50-foot buffer yard shall be provided along all other property lines.
[5]
Utilities should be located outside of buffer yards to the maximum extent feasible to maintain a cohesive buffer yard, protect landscaping, and preserve open space. Utilities should be co-located when feasible to minimize the number of utility crossings through the required buffer yard, particularly when such crossings cannot be avoided.
[6]
Use of existing vegetation for landscaping and screening is strongly encouraged and may be substituted for new berms and plantings if approved by the Township as part of a conditional use approval.
[7]
Buffer yards along roadways shall be measured from the street right-of-way line.
[8]
Where a lot line drainage or utility easement is required, the buffer yard shall be measured from the inside edge of the easement.
[9]
Buffer yards shall not include environmental encumbrances such as, but not limited to, wetlands, wetland transition areas, riparian buffers, and flood hazard areas as may be imposed by outside agencies.
(q)
Decommissioning.
[1]
A decommissioning plan prepared by a qualified professional with relevant past experience shall be submitted. The plan shall outline the procedures for safe shutdown, removal of equipment, disposal or recycling of materials, and site restoration.
[2]
The then-owner of the data center or data center campus shall submit a notification of closure if operations are permanently ceased.
[3]
Decommissioning shall begin within one year of cessation of data center operations on the property, or upon notice of abandonment by the operator, whichever occurs first. An extension of one year may be granted by the Township if the property owner can demonstrate that they are actively marketing the site for a compatible replacement use. Decommissioning shall be completed within 18 months thereafter, unless extended by the Township for good cause.
[4]
Standards for decommissioning:
[a]
All above-ground structures, equipment, and accessory facilities shall be removed.
[b]
Hazardous materials, including batteries, fuel, or refrigerants, shall be disposed of in compliance with state and federal law.
[c]
Disturbed soils shall be stabilized and re-vegetated.
[d]
Any utility connections shall be safely disconnected and capped.
[e]
The site shall be restored to a condition compatible with surrounding land uses or consistent with the most restrictive adjacent zoning district.
[5]
Decommissioning financial security. Prior to issuance of the permit for the construction of a data center, energy generation system, or data center accessory use facility, the then-owner, operator or developer shall provide financial security to the Township in an amount acceptable to the Township Engineer to secure its decommissioning obligations under this section, which decommissioning financial security shall be separate from and in addition to any other financial security obligations as may be applicable by other law, including financial security required for the installation of the public improvements or maintenance thereof.
[a]
The amount of financial security required for decommissioning shall be based on an estimate of the cost of completion of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs") as prepared by the Township Engineer.
[b]
The facility then-owner or operator shall then post and maintain decommissioning financial security in an amount equal to net decommissioning costs plus 10%, provided that at no point shall decommissioning funds be less than 50% of decommissioning costs.
[c]
The decommissioning financial security shall take the form of a cash escrow held by the Township, an irrevocable standby letter of credit in a form acceptable to the Township Solicitor, a tri-party agreement in a form acceptable to the Township Solicitor, or a bond in a form acceptable to the Township Solicitor. Any letter of credit or tri-party agreement shall be executed by a financial institution approved by the Township and shall provide the Township with the ability to make a demand of payment due to an uncured default through means of mail or electronic mail, and not solely through an in-person presentation. If applicant were to post financial security in the form of a bond, the Township Solicitor shall have the unconditional right to review the bond and must approve the conditions and language of the bond. Further, the bond shall be issued by a "AAA" rate surety, or its equivalent, qualified to do business in Pennsylvania, and shall contain language stating that the bond is to be payable upon demand, absolutely, and unconditionally, and if payment is not made, that the bonding company shall be responsible for reasonable attorneys' fees and costs that are incurred to collect on the bond, plus interest at the annual rate of 12%, for so long as the bond remains unpaid. A bond or letter of credit is required to automatically renew annually until decommissioning is complete. To ensure automatic renewal, a bond or letter of credit shall include a 90-day evergreen clause in a form acceptable to the Township Solicitor.
[d]
On every fifth anniversary of the date of providing the decommissioning financial security, the then-existing facility owner or operator shall provide an updated decommission cost estimate, with adjustments for inflation and cost and value changes. If the decommissioning financial security amount changes, the facility owner or operator shall remit the increased financial security to the Township within 30 days of the approval of the updated decommissioning security estimate by the Municipality.
[e]
In addition to posting a decommissioning financial security, the data center owner, operator, or developer shall enter into a decommissioning agreement with the Township prepared by the Township Solicitor outlining the decommissioning responsibilities, including the posting and maintenance of the decommissioning financial security, which agreement may be recorded against the property as an ongoing obligation or covenant running with the land.
[f]
All decommissioning costs estimates as provided for herein shall be subject to review and approval by the Township and the owner or operator submitting such costs estimates shall be responsible for administrative, legal, and engineering costs incurred by the Township for such review and for the preparation of any associated agreements or documents.
[g]
In the event of a sale or transfer of the property or a data center facility on the property, the acquiring individual, entity, or agency shall adhere to all applicable requirements as contained herein, including all financial security and operational requirements.
(r)
Lighting.
[1]
Horizontal surfaces. For the lighting of predominantly horizontal surfaces, such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, loading docks, building entrances, sidewalks, bicycle paths, and site entrances, luminaires shall be aimed down, and shall meet Illuminating Engineering Society of North America (IESNA) full cut-off/fully shielded criteria.
[2]
Non-horizontal surfaces. For the lighting of predominantly non-horizontal surfaces, such as, but not limited to, facades, landscaping, and signs, luminaires shall be shielded and shall be installed and aimed to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward, or onto a public roadway.
[3]
Adjacent residential uses. The illumination projected onto a residential use shall at no time exceed 0.1 footcandle measured line-of-sight and from any point on the receiving residential property.
[4]
Adjacent nonresidential use. The illumination projected from any property onto a nonresidential use shall at no time exceed 0.5 initial footcandle, measured line-of-sight from any point on the receiving property.
[5]
Glare. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved by using means such as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle, and luminaire placement.
[6]
LED lights. LED light sources shall have a correlated color temperature that does not exceed 3000K.
[7]
Luminaires. Luminaires shall not be mounted more than 20 feet above the finished grade of the surface being illuminated. No pole-mounted lighting on the roof shall be permitted.
[8]
Lighting after hours. Lighting for parking areas and vehicular traffic ways shall be automatically extinguished nightly within 1/2 hour of the close of the facility. On/off control shall be by an astronomic programmable controller with battery or capacitor power-outage reset. When after-hours site safety/security lighting is proposed, such lighting shall not exceed 25% of the number of fixtures required or permitted for illumination during regular business hours. Where there is reduced but continued onsite activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 11:00 PM or after regular business hours, or the use of motion sensor control, shall be permitted.
(s)
Public engagement, meeting, information and benefit agreement.
[1]
Prior to a conditional use hearing for a data center over 100,000 square feet in gross floor area or any data center utilizing a data center electrical substation on the property:
[a]
The applicant shall hold a public meeting at least 14 days prior to the first conditional use hearing. The purpose of the meeting shall be to inform the public about the nature of the proposed development, including the location, scale, and general characteristics. A representative(s) of the applicant with knowledge of the project and the ability to answer general questions from the public about the project's general location, scale, and parameters shall participate in the meeting. The public meeting shall be advertised consistent with "public notice" as defined by the Pennsylvania Municipalities Planning Code.
[b]
The applicant shall create and maintain a project website for viewing by the general public. The site shall explain the project parameters, including maps and elevations/renderings, beginning at least two weeks prior to the meeting discussed above, and until the time of final land development approval. The site shall provide a description of the proposed use, construction timelines and phasing plans, dates of public meetings with municipal bodies, and status of permits.
[2]
If federal or commonwealth law establishes the ability for the Township to enter into a community benefits agreement with the applicant, the applicant shall enter into such an agreement to the satisfaction of the Township and as otherwise permissible under such laws.
(t)
Plan violations.
[1]
If an energy usage plan, thermal impact mitigation plan, post-construction noise and/or vibration plan, electronic waste plan, emergency response plan, decommissioning plan, diesel generator annual testing results, air pollution testing results, or any other operations or results, are in violation of the applicable plan, limits, responsibilities, and/or requirements set forth herein, or if a data center operator is not operating in accordance with any plan submitted to obtain conditional use approval, and after written notice and a thirty-day opportunity to cure, the operator of the violating data center facility and landowner of the property containing the violation shall be considered in violation of the Township Zoning Ordinance and shall be subject to enforcement for daily, ongoing violations and other enforcement remedies, fines, and costs and fees reimbursement available to the Township pursuant to Article XXV, Enforcement, of this chapter.
[2]
The Township shall have the right to inspect and review any plans, supplemental or amended plans, testing results, or similar findings obtained by or for a data center operator, property owner, or an agent thereof, as required for compliance with this chapter. Failure to obtain any required results, failure to maintain any required documents, or failure to provide such documents to the Township within 10 days of written request from the Township, shall constitute a violation of the Township Zoning Ordinance.
D.
Limited retail sales are permitted as accessory uses within manufacturing, fabricating, processing and wholesale warehouse buildings, provided that they meet the following requirements:
(1)
Retail sales are limited to those items manufactured, fabricated or processed on site or distributed on a wholesale basis from the site.
(2)
Retail sales will only be permitted in a physically separate and segregated sales area in the same building as the primary use and shall have a maximum allowable area of either 10% of the gross floor area or 2,000 square feet, whichever is less.
(3)
Retail sales customers shall shop only in the retail sales area.
(4)
There must be a separate entrance for retail sales from the building's primary entrance.
(5)
Retail sales shall only be conducted by the same ownership and under the same lease as the primary use.
(6)
Retail sales areas must provide parking in accordance with the retail store or shop standards in Article XIX of this chapter. All required parking must be reserved exclusively for use of retail customers and employees and located adjacent to the entrance for the retail sales area.
§ 230-104 Smoke.
A.
No smoke shall be emitted from any chimney or other source of a visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines.
B.
Smoke of a shade not darker than No. 2 on the Ringelmann Smoke Chart may be emitted for not more than four minutes in any 30 minutes.
C.
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
§ 230-105 Dust and gases.
A.
No emission of dust, dirt, fly ash, fumes, vapors and gases shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any noticeable soiling at any point.
B.
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the covering gas at any point.
C.
For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500º F. and 50% excess air.
§ 230-106 Noise.
At no point on any lot boundary line shall the sound pressure level of any operation exceed the decibel levels in the designated octave bands shown below for the districts indicated.
Maximum Permitted Sound | ||
|---|---|---|
Octave Band (cycles per second) | Along Agricultural or Residential District Boundaries (decibels) | At Any Other Point on the Lot Boundaries (decibels) |
0 to 75 | 72 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 59 | 66 |
300 to 600 | 52 | 59 |
600 to 1,200 | 46 | 53 |
1,200 to 2,400 | 40 | 47 |
2,400 to 4,800 | 34 | 41 |
Above to 4,800 | 32 | 39 |
§ 230-107 Odors.
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III (Odor Thresholds) in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists' Assoc., Inc., Washington, D.C.
§ 230-108 Glare and heat.
Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point along the lot lines.
§ 230-109 Vibration.
No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point on the lot boundary lines.
§ 230-110 Radioactivity and electrical disturbance.
There shall be no activities which emit dangerous radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
§ 230-111 Uses to be conducted indoors.
Except as otherwise provided in this article, all permitted uses shall be conducted wholly within a completely enclosed building or in a court enclosed on all sides by buildings.
§ 230-112 Outdoor storage and waste disposal.
A.
No outside storage of materials, equipment, finished products, parts, commodities, waste, rubbish or discarded material shall be permitted in the area of the front yard nor in front of the building nor within 25 feet of the side and rear boundary lines in said side and rear yard areas.
B.
Any outside storage of materials, equipment, finished products, parts or commodities within the permitted areas of any side and rear yards shall be completely enclosed by fencing of a type and design approved by the Board of Supervisors which is adequate to conceal the stored items from adjacent properties and from the street or highway.
C.
No flammable or explosive liquids, solids or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connected with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
D.
No waste, rubbish and discarded materials shall be stored outside of the building unless it is placed within a completely fenced-in area so as to conceal the materials.
E.
No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.
F.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
§ 230-113 Electric, diesel, gas or other power.
Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the highest safety requirements known, shall be designed, constructed and installed as an integral part of the architectural features of the plant and, if visible from abutting residential properties, shall be concealed by coniferous planting.
§ 230-114 Industrial waste or sewage.
No limited industrial use shall discharge any treated or untreated sewage or industrial waste into any reservoir or lake or discharge any untreated sewage or industrial waste into any stream. All methods of sewage and industrial waste treatment and disposal shall be approved by the Township Board of Supervisors and the Montgomery Township Municipal Sewer Authority.
§ 230-115 Height regulations.
A.
The maximum height of buildings and other structures erected or enlarged in this District measured at the line of all required yards shall be 30 feet, but any portion of a building erected above such height limit shall be erected within a recession plane beginning at the height limit as fixed herein and receding at the rate of one foot of recession for each one foot of additional height, provided that a height of 40 feet or more shall require a special exception, with no structure to be erected over 65 feet.
B.
The maximum height of a building used for lifestyle apartments shall be 30 feet; provided, however, the height of such building shall be permitted to increase by one foot for each additional foot the building is setback beyond the required minimum side yard setback line, but in no event shall the building height exceed 65 feet.
[Added 7-26-2021 by Ord. No. 21-321Z]
§ 230-116 Area, width and yard regulations.
A.
Site area requirements.
(1)
Minimum site area. An LI Limited Industrial District development site shall contain at least 10 acres.
(2)
Building coverage. Maximum building coverage shall not exceed 40% of the total site area.
(3)
Impervious material coverage. Maximum impervious material coverage shall not exceed 30% of the total site area.
B.
Building lot requirements.
(1)
Minimum lot area. The minimum building lot size permitted in an LI Limited Industrial District shall be one acre, except that no more than 50% of the total site area may be used for building lots of less than two acres.
(2)
Lot width and yard requirements. Building lots shall meet the following requirements:
Value for Lots of | ||||
|---|---|---|---|---|
Minimum Area Requirement | 2 or More Acres (feet) | 1.5 to 2 Acres (feet) | 1 to 1.5 Acres (feet) | |
Lot width at building line | 150 | 120 | 100 | |
Lot width at street line | 50 | 50 | 50 | |
Front yard | 100 | 80 | 60 | |
Side yard | ||||
Aggregate | 100 | 80 | 60 | |
1 side minimum | 25 | 20 | 15 | |
Any yard abutting street or residential district (minimum setback)- | 100 | 100 | 100 | |
Rear yard | 50 | 40 | 30 | |
(3)
Building coverage. Maximum building coverage shall not exceed 40% of the total lot area.
(4)
Impervious material coverage. Maximum impervious material coverage, including building coverage, shall not exceed 65% of the total lot area.
(5)
Green area coverage. The minimum land area devoted to green vegetative cover shall not be less than 35% of the total lot area.
[Added 6-2-1986 by Ord. No. 17-029]
§ 230-117 On-site parking and loading.
A.
For any limited industrial use, there shall be at least one off-street parking space for every three employees. No parking or loading shall be permitted within the front yard area nor in front of the building nor within 10 feet of the side and rear boundary lines of any property or lot. The adequacy of off-street parking facilities shall be subject to the continuing jurisdiction of the Board of Supervisors, which shall have authority to require such additional parking, ingress and egress facilities as it deems necessary.
B.
Parking requirements for lifestyle apartments.
[Added 7-26-2021 by Ord. No. 21-321Z]
(1)
A lifestyle apartment use shall provide the following parking spaces:
(a)
1.25 parking spaces per studio unit;
(b)
1.5 parking spaces per one-bedroom unit;
(c)
Two parking spaces per two- and three-bedroom units.
(2)
If a covered parking garage is included as part of the lifestyle apartment building, then up to 15% of the parking spaces located in the covered parking garage shall be permitted to be compact parking spaces, eight feet by 16 feet; provided that such compact parking spaces shall be assigned spaces to the residents of the lifestyle apartment building by the management company thereof.
(3)
Parking may be permitted in the front yard of the subject property if the property does not have frontage immediately adjacent to a public right-of-way and/or in front of the proposed building; provided, however, parking shall be setback at least 15 feet from any property boundary line.
(4)
In the event of a conflict between the requirements contained in this section and other requirements contained in this chapter, the requirements of this § 230-117B shall supersede any requirements contained elsewhere in this chapter.
§ 230-118 Application and approval procedure.
A.
Plans for a limited industrial use shall be submitted to the Board of Supervisors prior to the issuance of any zoning permit or certificate of occupancy as provided in Article XXII and such plans shall include, among other things, the following:
(1)
An accurate plot plan, drawn to scale, of the lot, showing the location of all present and proposed buildings, driveways, parking areas, abutting streets, alleys, highways, grass areas and areas of plantings, disposal fields and other constructional features on the lot and streams and other topographical features of the lot.
(2)
Architectural plans for any proposed buildings.
(3)
A description of the industrial operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, vibrations, radiation, electrical interference, glare, air pollution, water pollution, fire hazards or safety hazards.
(4)
Engineering and architectural plans for the treatment and disposal of sewage and industrial waste.
(5)
Engineering and architectural plans for the handling of any excess traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazards.
(6)
Designation of the fuel proposed to be used and any necessary architectural and engineering plans for controlling smoke.
(7)
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(8)
Any other data or evidence that the Board of Supervisors may require.
B.
Upon receipt of plans for any proposed use in the LI-Limited Industrial District, and recommendations thereon by the Board of Supervisors, the Board shall have the power of approval or disapproval of these plans. The Secretary of the Board of Supervisors shall notify, in writing, the Zoning Officer of its final decision and any special conditions agreed upon regarding any limited industrial use.
[Amended 7-26-2021 by Ord. No. 21-321Z]
C.
Plans for lifestyle apartments shall be submitted to the Board of Supervisors prior to the issuance of any zoning permit or certificate of occupancy as provided in Article XXII and such plans shall include, among other things, the following:
[Added 7-26-2021 by Ord. No. 21-321Z]
(1)
An accurate plot plan, drawn to scale, of the lot, showing the location of all present and proposed buildings, driveways, parking areas, abutting streets, alleys, highways, grass areas and areas of plantings, and other constructional features on the lot and streams and other topographical features of the lot.
(2)
Architectural plans for any proposed buildings.
§ 230-119 Landscaping and screening.
[Amended 8-3-1987 by Ord. No. 17-033]
All landscaping, screening and buffering shall be installed in accordance with the provisions of the Montgomery Township Subdivision Ordinance, No. 18, Chapter 205, Article VI.
§ 230-120 Entrance- and accessways.
[Added 7-28-1986 by Ord. No. 17-037]
A.
All entrance- and accessways shall be of sufficient width, with widened radii where they meet the sides of roads and highways, to conveniently and safely accommodate the flow of traffic. The locations of entranceways shall be subject to the approval of the Board of Supervisors. The entrance- and accessways shall be designed, constructed and maintained to provide safe and efficient ingress and egress for traffic without undue congestion or interference with the normal traffic flow on the abutting streets and highways.
B.
If deemed appropriate by the Board of Supervisors and approved by the Pennsylvania Department of Transportation when required, the developer shall be required to widen the paved road frontage abutting the site, install curbing along the same and/or build acceleration and deceleration lanes to provide for the safe and efficient ingress and egress of motor vehicles.
C.
Safe and efficient ingress and egress is to be provided to and from public streets serving the site without undue congestion or interference with traffic flow within the Township.
