North Middleton Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE IV
Specific Criteria and Supplemental Regulations for Specific Uses
§ 204-46 Applicability.
A.
In addition to the general provisions for principal, accessory and/or temporary uses, buildings, and structures within a particular zone established in Article II of this chapter; the additional general provisions for uses, buildings, and structures established in the Article III and elsewhere in the chapter, this article sets forth the specific standards and supplemental regulations that shall be applied to each principal, accessory and/or temporary use identified herein. These specific use standards and supplemental regulations must be satisfied prior to approval of any application for a zoning permit, building permit, occupancy permit, temporary permit, special exception and/or conditional use. The applicant shall be required to demonstrate compliance with these standards and regulations and must furnish whatever evidence is necessary to demonstrate such compliance.
B.
All principal, accessory, and/or temporary uses identified subsequently herein this article, must comply with the general provisions for uses within a particular zone in which the use is to be located, unless different standards are established herein the subsequent sections of Article II of this chapter; in any case, the more restrictive of the general and specific provisions shall apply.
§ 204-47 Principal agricultural/forestry uses.
A.
Agribusiness. Agribusiness is permitted subject to the following criteria:
(1)
The following setbacks are required:
(a)
Except for dwellings and residential accessory use and structures which shall comply with the residential area and design requirements of underlying zone districts, all structures shall be set back a minimum of 50 feet from any lot line.
(2)
The applicant shall demonstrate that the methods of disposing of dead animals are in strict compliance with applicable standards established by PADEP. Dead turkeys, chickens, or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.
(3)
The applicant shall demonstrate that the farming operation allows for the safe and efficient movement of all vehicles associated with the operation.
(4)
All areas utilized for grazing or pasture areas shall be fenced.
(5)
All proposed entrances and exits to the operation shall be designed and improved in a manner which does not allow mud or gravel to be deposited or accumulate on or along abutting public streets.
(6)
Areas designed for outdoor storage of pallets, machinery, or other materials shall be provided with buffering and screening in accordance with Article III of this chapter.
(7)
A land development plan shall be submitted to, and approved by, the Township in accordance with the requirements of Chapter 180, Subdivision and Land Development.
(8)
All uses must comply with Township building, health, safety, property and other applicable local, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Township, or shall be a condition of approval. Specifically, new agribusiness operations, or expansions of existing agribusiness operations, which require a nutrient management plan in accordance with Act 38 of 2005 known as "ACRE" and all current regulations, the applicant shall demonstrate that such plan has been prepared and submitted to the Cumberland County Conservation District for review prior to the hearing for approval. Further, the applicant shall demonstrate that such plan has been approved by the Cumberland County Conservation District prior to the issuance of the zoning permit.
B.
Agriculture. Agriculture is permitted subject to the following criteria:
(1)
The following setbacks are required:
(a)
Except for dwellings and residential accessory use and structures which shall comply with the residential area and design requirements of underlying zone districts, all structures shall be set back a minimum of 50 feet from any lot line.
(2)
The applicant shall demonstrate that the methods of disposing of dead animals are in strict compliance with applicable standards established by PADEP. Dead turkeys, chickens, or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.
(3)
The applicant shall demonstrate that the farming operation allows for the safe and efficient movement of all vehicles associated with the operation.
(4)
All areas utilized for grazing or pasture areas shall be fenced.
(5)
All proposed entrances and exits to the operation shall be designed and improved in a manner which does not allow mud or gravel to be deposited or accumulate on or along abutting public streets.
(6)
Areas designed for outdoor storage of pallets, machinery, or other materials shall be provided with buffering and screening in accordance with Article III of this chapter.
(7)
Surface water runoff from areas where animals are enclosed shall be diverted away from adjacent properties and shall not contaminate downstream watercourses.
(8)
Any new operation or expansion of an existing agriculture operation shall not be approved by the Township until a soil erosion and sedimentation control plan has been prepared, and found satisfactory by the County Conservation District.
(9)
All uses must comply with Township building, health, housing, rental, safety, property and other applicable local, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Township, or shall be a condition of approval. A list of all chemicals utilized in the propagation and care of farm products shall be filed annually with the Zoning Officer.
C.
Forestry. Forestry or commercial timber harvesting, excluding the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement, is permitted subject to the following criteria:
(1)
All timber harvesting practices must protect nearby structures and utility lines. No uncontrolled felling shall be allowed.
(2)
Preparation of a logging plan.
(a)
Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified in this subsection and by state law.
(3)
Compliance with applicable regulations.
(a)
The logging plan shall address and comply with the requirements of all applicable state laws and regulations and Township ordinances, including but not limited to the following:
(b)
Relationship of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. A soil erosion and sedimentation control plan that satisfies the requirements of 25 Pennsylvania Code, Chapter 102, shall also satisfy the minimum requirements for the logging plan and associated map specified previously, provided that all information required by these subsections is included or attached.
(4)
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(5)
Responsibility for road maintenance and repair; road bonding. The landowner and the operator shall be responsible for repairing any damage to Township streets caused by traffic associated with the timber harvest operation pursuant to the provisions of 67 Pennsylvania Code, Chapter 189, hauling in excess of posted weight limit. The Township may require the landowner and/or operator to furnish a bond to guarantee the repair of any such damage, pursuant to the said provisions of the Pennsylvania Code.
D.
Riding schools and stables. Riding schools and stables are permitted subject to the following criteria:
(1)
All structures used for the boarding of horses and all outdoor training or show facilities or areas shall be set back at a minimum of 50 feet from any lot line.
(2)
All outdoor training, boarding, or pasture areas shall be enclosed by a fence, a minimum of four feet high, or a natural or man-made barrier a minimum of 10 feet from any public road right-of-way.
(3)
All stables shall be maintained and all animal wastes shall be properly stored and disposed of so to minimize odors perceptible at the lot line.
(4)
The applicant shall furnish evidence of an effective means of animal waste disposal which shall be implemented.
§ 204-48 Principal residential uses.
A.
Bed-and-breakfasts. Bed-and-breakfasts are permitted subject to the following criteria:
(1)
The building must be an existing single-family detached dwelling.
(2)
All principal buildings permitted to be bed-and-breakfast uses shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.
(3)
Fire escapes, where required, shall be located in the rear of the building and shall not be located on any wall facing a public street right-of-way.
(4)
Accommodations shall be limited to no more than 10 guest bedrooms available or used in any one structure.
(5)
The owner of the facility or resident manager must reside therein, and must be on the premises when guests are present.
(6)
Overnight guests shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.
(7)
No cooking facilities shall be provided or permitted in individual guest bedrooms.
(8)
Accessory uses, customarily incidental to the use of a bed-and-breakfast, shall be permitted so long as they complement the bed-and-breakfast use and do not encumber activities of surrounding lots.
(9)
All parking areas shall be screened from abutting property in the residential zones (R-1 and R-2) or existing residential use.
(10)
The applicant shall obtain any required land development approvals in accordance with the requirements of Chapter 180, Subdivision and Land Development.
(11)
The applicant shall obtain all required building permits under the North Middleton Township Building Code and a proper zoning permit.
B.
Boardinghouses. Boardinghouses are permitted subject to the following criteria:
(1)
The total number of tenant/guest rooms for rent shall be three accommodating not more than six tenants/guests total.
(2)
All tenant/guest rooms shall be limited to two tenants/guests each.
(3)
The owner of the facility or resident manager must reside therein the boardinghouse.
(4)
All tenant/guest rooms available for boarding shall be located within the principal building.
(5)
Entry access to all boarding rooms shall be through the interior of the building. No exit doors from individual boarding rooms shall lead directly to the exterior of the building.
(6)
Residents must have access on site to shared common areas for cooking and eating. A common kitchen facility equipped for cooking meals located on site must be available to the residents, or daily meals must be provided on site for the residents of the boardinghouse.
(7)
Meals for compensation shall be provided only to registered tenants/guests of the boardinghouse. No cooking facilities shall be provided or permitted in the individual tenant/guest rooms.
(8)
Each floor must contain at least one fully equipped bathroom for each five tenants/guests that is accessible from a common hallway.
(9)
All tenants/guests must execute a lease before occupancy.
(10)
Tenant/guest rooms must be leased to the same tenant/guest for at least seven consecutive days.
(11)
All parking areas shall be screened from abutting property in the residential zones (R-1 and R-2) or existing residential use.
(12)
Public water and public sewer shall be required.
(13)
The applicant shall obtain any required land development approvals in accordance with the requirements of Chapter 180, Subdivision and Land Development.
(14)
The applicant shall obtain all required building permits under the North Middleton Township Building Code and a proper zoning permit.
C.
Continuing care retirement community facility. Continuing care retirement facilities are permitted subject to the following criteria:
(1)
Whenever a party or parties seeks to establish a continuing care retirement facility, the party or parties shall file a detailed statement of intent with the Township describing the proposed use and development of the lot. Such statement shall detail the proposed number and nature of the anticipated occupants and uses. The statement shall identify how said use satisfies a demonstrative need and shall be conducted in a responsible manner without detriment to surrounding properties and neighborhood.
(2)
The continuing care retirement community is designed primarily for persons aged 55 and over.
(3)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(4)
(5)
The following uses shall be permitted as accessory uses in the continuing care retirement community for the use of residents and guests:
(c)
Each accessory use shall be located in a building occupied by residential uses or in a community activities building.
(d)
Each accessory commercial use shall not exceed 2,500 square feet of net floor area.
(e)
The total area reserved of commercial accessory uses shall not exceed 4% of the total gross land area of the original tract/lot, and no more than 25,000 square feet, whichever is less.
(6)
Continuing care retirement communities shall meet the following area, density, coverage and setback requirements:
(a)
Minimum lot area shall be 10 acres.
(b)
Maximum density shall be 12 units per acre.
(c)
Maximum impervious lot coverage shall be 60%.
(d)
Minimum vegetative coverage shall be 30%.
(e)
No building shall be within 25 feet of the lot line of the continuing care retirement community, nor within 35 feet of an outside or public street right-of-way.
(f)
In instances where there is more than one building on a single lot, the following minimum building setback requirements shall be met:
(g)
Staging of development. When the continuing care retirement community is to be developed in stages, the following criteria must be met:
[1]
The land development plan presented to the Township must show the approximate location and type of use for each stage of the development.
[2]
If nonresidential uses will be a part of the development, the sequencing shall be shown so that not all residential development is constructed prior to the construction of the nonresidential development, unless the development involves an existing continuing care retirement community that already includes existing nonresidential components, in which case the staging requirement would not apply.
(7)
Safe vehicular access and areas for discharging and picking up guests shall be provided.
(8)
The location, orientation and lot circulation shall be coordinated with the Township in order to minimize the disturbance of adjacent land uses and neighborhood, and traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(9)
Deed restrictions or covenants should be included to provide for the creation of a property owners' association or board of trustees for the proper protection and maintenance of the development improvements in the future; at a minimum, all development improvements relating to internal streets, sidewalks, curbs, parks, parking areas, etc., shall remain private and the responsibility of the landowner and/or the operator. Should the property owners' association or board of trustees, or landowner and/or the operator neglect to maintain the designated improvements, as depicted on the plan, the Township may then maintain said areas and assess the responsible party for any costs incurred.
(10)
The institution shall submit a copy of its emergency operations plan (EOP) to the local and county emergency management agency coordinator. The EOP shall also include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with Township, state, and federal regulations.
D.
Flag lot residences. Flag lot residences are permitted subject to the following criteria:
(1)
For the purposes of this section, a flag lot shall be described as containing two parts:
(2)
Requirements for the flag.
(a)
The minimum lot area and lot width requirements of the underlying zone area and design requirements shall be measured exclusively upon the flag.
(b)
For purposes of determining required yards and setbacks, the following shall apply:
[1]
Front yard: the area between the principal structure and that lot line of the flag which is most parallel to the street providing vehicular access to the site. Additionally, all areas of the pole shall be considered to be within the front yard.
[2]
Rear yard: the area between the principal structure and that lot line of the flag that is directly opposite the front yard, as described above.
[3]
Side yards: the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure.
(3)
The flag lot shall contain adequate driveway dimension for vehicular backup so that ingress to and egress from the lot is in the forward direction.
(4)
Requirements for the pole.
(a)
The pole shall maintain a minimum width of 50 feet.
(b)
The pole shall not exceed 600 feet in length, unless additional length is needed to avoid the disturbance of productive farmlands, prime agricultural soils, or some other significant natural or cultural feature.
(c)
No part of the pole shall be used for any portion of an on-lot sewage disposal system, nor any other improvement except a driveway and other permitted improvements, such as landscaping, fencing, utility connections to off-site facilities, mailboxes and signs.
(d)
The cartway contained on the pole shall be located at least six feet from any adjoining lot line and 20 feet from any existing structures on the site or any adjoining lot.
(e)
No pole shall be located within 200 feet of another on the same side of the street, unless an adjoining pole utilizes a joint use driveway, regulated as follows:
(5)
Joint use driveways.
(a)
When one or more flag lots are proposed, such lots may rely upon a joint use driveway for vehicular access.
(b)
A joint use driveway may serve up to a maximum of three total lots.
(c)
All joint use driveways shall have a minimum cartway width of 14 feet.
(d)
Joint use driveways shall be provided with cross-access easements in accordance with § 204-32A(9) of this chapter.
E.
Group homes. Group homes are permitted subject to the following criteria:
(1)
Whenever a party or parties seeks to occupy a dwelling or other building as a group home facility, the party or parties shall file a detailed statement of intent with the Township describing the proposed use of the dwelling or building. Such statement shall detail the proposed number and nature of the anticipated occupants. The statement shall identify how said use satisfies a demonstrative need and shall be conducted in a responsible manner without detriment to surrounding properties and neighborhood.
(2)
No portion of a group home shall be located within 500 feet of another group home facility.
(3)
All principal structures permitted to be group home uses shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.
(4)
Fire escapes, where required, shall be located in the rear of the building and shall not be located on any wall facing a street right-of-way.
(5)
Under no circumstances shall any uses qualifying for or falling under the definition of a "half-way house" or "treatment center" be considered a group home facility.
(6)
Occupants of the group home facility shall live as a family unit.
(7)
Group homes.
[Added 5-16-2019 by Ord. No. 2019-02]
F.
Long-term care nursing home or personal care facility. Long-term care nursing homes and/or personal care facilities are permitted subject to the following criteria:
(1)
Whenever a party or parties seeks to establish a long-term nursing home or personal care facility on a lot or occupy a dwelling or other building as a long-term nursing home or personal care facility, the party or parties shall file a detailed statement of intent with the Township describing the proposed use and development of the lot or dwelling or building. Such statement shall detail the proposed number and nature of the anticipated occupants. The statement shall identify how said use satisfies a demonstrative need and shall be conducted in a responsible manner without detriment to surrounding properties and neighborhood.
(2)
In addition to residential units (living and sleeping quarters with or without kitchen facilities), the following accessory uses may be provided for the exclusive use of residents and their guests:
(4)
Minimum vegetative coverage shall be 40%.
(5)
All principal structures permitted to be long-term nursing homes and personal care facilities shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.
(6)
Fire escapes, where required, shall be located in the rear of the building and shall not be located on any wall facing a street right-of-way.
(7)
The location, orientation and lot circulation shall be coordinated with the Township in order to minimize the disturbance of adjacent land uses and neighborhood, and traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(8)
A long-term nursing home or personal care facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the long-term nursing home or personal care facility.
(9)
The institution shall submit a copy of its emergency operations plan (EOP) to the local and county emergency management agency coordinator. The EOP shall also include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with Township, state, and federal regulations.
G.
Mobile home parks. Mobile home parks are permitted subject to Chapter 180, Subdivision and Land Development, and the applicable regulations set forth elsewhere in this chapter.
(1)
All uses must comply with Township building, health, safety, property and other applicable local, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Township, or shall be a condition of approval.
H.
Multifamily dwellings/apartments. Multifamily dwellings/apartments are permitted subject to the following criteria:
(1)
Minimum required lot area shall be one acre.
(2)
Maximum density shall be 12 units per acre.
(4)
Maximum impervious lot coverage shall be 55%.
(6)
Maximum permitted building height: 35 feet.
(7)
All principal buildings permitted to be multifamily dwelling/apartment facilities shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.
(8)
Fire escapes, where required, shall be located in the rear of the building and shall not be located on any wall facing a street right-of-way.
(9)
In those instances where more than one multifamily dwelling/apartment building is located on the same lot, the following separation distances will be provided between each building:
(a)
Front to front, rear to rear, parallel buildings shall have at least 45 feet between faces of the building.
[1]
If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance to the other end.
(b)
A minimum distance of 25 is required between end walls of buildings.
[1]
If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 15 feet.
(c)
A minimum distance of 25 feet is required between end walls and front or rear faces of buildings.
(d)
All multifamily dwelling/apartment buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.
(e)
In no case shall there be more than 12 dwelling units per building.
(10)
A minimum of 30% of the total tract area shall be designated and maintained as common open space. Responsibility for maintenance of the open space area shall be with the landowner.
(11)
The location, orientation and lot circulation shall be coordinated with the Township in order to minimize the disturbance of adjacent land uses and neighborhood, and traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(12)
Public water and public sewer shall be required.
I.
Multiunit residential conversions. Multiunit residential conversions are permitted subject to the following criteria:
(1)
The building must be a single-family detached dwelling that existed on the effective date of this chapter, and contained (at that time) at least 2,400 square feet of habitable floor area.
(2)
All multiunit residential conversions shall comply with the applicable area and design requirements for applicable use in the underlying zone shall apply [i.e., a multiunit residential conversion resulting in not more than two total dwelling units (including the original dwelling unit), then two-family dwelling area and design requirements apply; a multiunit residential conversion resulting in not more than three or more total dwelling units (including the original dwelling unit), then multifamily dwelling area and design requirements apply].
(4)
All principal buildings permitted as part of a multiunit residential conversion use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(5)
Fire escapes, where required, shall be located in the rear of the building and shall not be located on any wall facing a street right-of-way.
(6)
All units contained on floors above or below grade shall have a direct means of escape to ground level.
(7)
No dwelling unit shall be less than 600 square feet.
(8)
All dwelling units shall be located within the principal building.
(9)
All dwelling units must have separate kitchen and bathroom facilities as well as living/sleeping spaces.
(10)
The location, orientation and lot circulation shall be coordinated with the Township in order to minimize the disturbance of adjacent land uses and neighborhood, and traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(11)
Public water and public sewer shall be required.
J.
Single-family attached dwellings. Single-family attached dwellings are permitted subject to the following criteria:
(2)
Maximum density shall be eight units per acre.
(6)
Maximum permitted building height: 35 feet.
(7)
The maximum number of dwelling units in a row shall be six, but where four or more dwelling units are in a row, then no more than 60% shall have the same front setback and roofline that generally parallel the ground along the same horizontal plane.
(8)
Each group of single-family attached dwellings shall be set back a minimum of 30 feet from any other group of such dwellings.
(9)
No more than two abutting units shall have the same front setback and roofline that generally parallel the ground along the same horizontal plane.
(10)
The minimum front setback variation shall be four feet.
(11)
The location, orientation, and lot circulation shall be coordinated with the Township in order to minimize the disturbance of adjacent land uses and neighborhood, and traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(12)
Public water and public sewer shall be required.
(13)
The applicant shall obtain any required land development approvals.
§ 204-49 Principal nonresidential uses.
A.
Adult-related uses. Adult-related uses are permitted, subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
No portion of an adult-related use shall be located within 500 feet of another adult-related use.
(4)
No portion of a building occupied by an adult-related use shall be located within 500 feet from property in the residential zones (R-1 and R-2) or existing residential use.
(5)
No portion of a building occupied by an adult-related use shall be located within 500 feet of any property which contains any one or more of the following specified land uses where minors may congregate:
(6)
No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure.
(7)
Any building or structure used and occupied as an adult-related establishment shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure.
(8)
All signs shall comply with § 204-41 of this chapter. No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
(9)
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
(10)
No adult-related use may change to another adult-related use, except upon additional approval by the entity with jurisdiction for initial approval.
(11)
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
(12)
No unlawful sexual activity or conduct shall be permitted.
(13)
No more than one adult-related use may be located within one building or on one lot.
B.
Airports/heliports. Airports/heliports are permitted, subject to the following criteria:
(2)
No part of the takeoff/landing strip and/or pad shall be located nearer than 300 feet from any lot line.
(3)
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
(4)
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the application.
C.
Animal hospitals/veterinary offices. Animal hospitals/veterinary offices are permitted, subject to the following criteria:
(1)
Minimum lot area. Unless animals are kept inside at all times, each site shall contain at least five acres; otherwise, the minimum lot area requirement of the underlying zone shall apply.
(2)
Unless animals are kept inside at all times, all animal boarding and related buildings that are not completely enclosed, and any outdoor animal pens, stalls or runways shall be located within the rear yard, shall be provided with buffering and screening in accordance with § 204-26 of this chapter, and shall be a minimum of: 100 feet from all lot lines; and 200 feet from property in the residential zones (R-1 and R-2) or existing residential use. Otherwise, the setback requirements of the underlying zone shall apply.
(3)
All structures where animals are kept shall be soundproofed in a manner to prevent sound and odor from traveling outside, such as solid core doors, sound absorbent ceilings and forced air ventilation.
(4)
All areas used for outdoor exercise shall be enclosed or securely fenced to prevent the escape of animals.
(5)
All outdoor pasture areas shall be enclosed and securely fenced by a minimum four-foot-high fence.
(6)
Where permitted, animals may exercise outside daily between the hours of 8:00 a.m. to 8:00 p.m.
D.
Automobile filling and/or service stations. Automobile filling and/or service stations are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Vehicles shall not occupy any part of the existing or future street right-of-way (including sidewalks) or required off-street parking areas.
(3)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(4)
On-lot traffic circulation channels, storage, and parking areas shall be clearly delineated. Fuel delivery shall not impede traffic-flow patterns.
(5)
All areas used for the storage, parking, and otherwise permitted servicing of vehicles shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
(6)
All areas used for the storage, parking, and otherwise permitted servicing of vehicles shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface.
(7)
All permitted activities, except for parking, storage, and those normally required to be performed at the gasoline/fuel and air pumps, and washing and vacuuming areas shall be performed within a completely enclosed building.
(8)
In no case shall any vehicle in any state of servicing/repair be permitted to be stored in the front yard.
(9)
All ventilation equipment outlets, fume collection, and other similar equipment associated with the service/repair work area(s) and/or service/repair and wash bay doors/opening shall not be located or oriented directly toward any property in the residential zones (R-1 and R-2) or existing residential use.
(10)
The demolition or junking of vehicles is prohibited. The storage of inoperable vehicles and related parts shall be within a completely enclosed building.
(11)
The outdoor storage of vehicles on the property without current registration is prohibited.
(12)
No vehicle, except those with current registration, shall be stored upon the site for more than 35 days.
E.
Automobile wrecking, junk and scrap storage and sales (junkyards). Automobile wrecking, junk and scrap storage and sales (junkyards) are permitted subject to the following criteria:
(1)
Minimum lot area shall be 10 acres.
(2)
No garbage or other organic waste shall be stored on such premises.
(3)
All junk, scrap, machinery or equipment stored outside shall not be permitted in required front, side, or rear building setback or buffer yard areas.
(4)
All junk, scrap, machinery and equipment stored outside shall be at least 100 feet from property in the residential zones (R-1 and R-2) or existing residential use and 40 feet from any street right-of-way.
(5)
The entire premises shall be enclosed by a minimum six-foot-high fence consisting either heavy-duty steel and supported upon steel posts of a solid masonry or metal wall of a uniform design and texture.
(6)
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk, scrap, machinery or equipment piled to a height greater than 10 feet.
(a)
There shall be a minimum of 20 feet of clear space between rows, with each row to be no greater in width than 40 feet.
(7)
No material shall be placed in any establishment in such a manner that it is capable of being transferred off the premises by wind, water or other natural causes.
(a)
All paper, cloth and rags and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed building.
(8)
No material shall be burned or incinerated at any time.
(9)
No automotive wrecking, junk, scrap storage and sales establishments shall be located on land with a slope in excess of 5%.
(10)
All vehicles within the automotive wrecking, junk, scrap storage and sales establishments shall be completely drained of fuel, lubricants, battery fluid, transmission fluid, brake fluids, coolants, and air-conditioning fluids.
(11)
All additional federal and state laws shall be satisfied.
(12)
The establishment shall at all times be maintained in such a manner as to prevent:
(13)
Every structure erected upon the lot after the effective date of this chapter shall be of fireproof construction with the exception of fences.
F.
Automobile, heavy equipment and similar motor vehicle rental/sales. Automobile, heavy equipment and similar motor vehicle rental/sales are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
Vehicles as part of inventory/display/sales shall not occupy any part of the existing or future street right-of-way (including sidewalks) or required off-street parking areas.
(4)
Vehicles as part of inventory/display/sales shall be permitted within the front yard and/or front required setback area, but shall not be closer than 20 feet from the front lot line.
(5)
Vehicles as part of inventory/display/sales shall not be permitted in any required side or rear building setback areas.
(6)
On-lot traffic circulation channels, storage, inventory/display/sales, and parking areas shall be clearly delineated.
(7)
All areas used for the storage, inventory/display/sales, parking, and otherwise permitted servicing of vehicles shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
(8)
All areas used for the storage, inventory/display/sales, parking, and otherwise permitted servicing of vehicles shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface.
(9)
All permitted activities except for the storage, inventory/display/sales, parking, and those normally required to be performed at the gasoline/fuel and air pumps, and washing and vacuuming areas shall be performed within a completely enclosed building.
(10)
Where outside vehicle storage, sales/rental inventory/display areas abut a street right-of-way, a perimeter landscape strip in accordance with § 204-26 of this chapter shall be provided.
(11)
In no case shall any permitted motor vehicle in any state of servicing/repair be permitted to be stored in the front yard.
(12)
All ventilation equipment outlets, fume collection, and other similar equipment associated with the service/repair work area(s) and/or service/repair and wash bay doors/opening shall not be located or oriented directly toward any property in the residential zones (R-1 and R-2) or existing residential use.
(13)
The demolition or junking of vehicles is prohibited. The storage of vehicles and related parts shall be within a completely enclosed building.
(14)
The outdoor storage of vehicles on the property without current registration is prohibited.
(15)
No vehicle, except those with current registration and offered for sales/rental, shall be stored upon the site for more than 35 days.
G.
Automobile, heavy equipment and similar motor vehicle repair centers. Automobile, heavy equipment and similar motor vehicle repair centers are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial road as provided in § 204-39 of this chapter.
(2)
These uses include service and repair of excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers or other similar machinery.
(3)
All service and/or repair activities shall be conducted within a completely enclosed building.
(4)
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
(5)
All exterior storage areas shall be screened from adjoining residentially zoned properties as provided in § 204-26 of this chapter. All exterior storage areas shall be set back at least 50 feet from adjoining street lines and shall be covered in an all-weather, dust-free surface.
(6)
The storage of junked vehicles, boats, machinery, trucks, trailers, mobile homes and heavy equipment vehicles on the property is prohibited.
(7)
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any residentially zoned property or residential use.
(8)
All vehicles shall be repaired and removed promptly from the premises.
(9)
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
H.
Billboards. Billboards are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
No billboard shall be located within 500 feet of another billboard, including billboards on either side of a street and any existing billboards in other municipalities.
(a)
No lot or structure shall include more than one billboard, except that a billboard may have two sign faces if they are placed approximately back-to-back.
(3)
All billboards shall be a minimum of 35 feet from all side and rear lot lines.
(4)
All billboards shall be set back at least 25 feet from any street right-of-way lines.
(5)
No billboard shall be located within 250 feet from property in the residential zones (R-1 and R-2) or existing residential use.
(6)
No billboard shall obstruct the view of motorists on adjoining roads, or the view of abutting business uses which depend upon visibility for identification.
(7)
No billboard shall be attached in any way to a building. Additionally, no billboard shall be attached in any way to any other billboard, except that a billboard may have two sign faces if they are placed approximately back-to-back.
(8)
No billboard shall be placed on nor affixed to any vehicle or trailer:
(a)
In such a manner that the carrying of such sign is no longer incidental to the vehicle's primary purpose of transporting persons and goods; and
(b)
That is parked on a public right-of-way, public or private property so as to be visible from a public right-of-way are prohibited where the apparent purpose is to advertise a product or direct people to a business, organization, or other activity.
(9)
No billboard shall exceed an overall size of 300 square feet.
(11)
Billboards shall comply with sign lighting standards set forth in § 204-41 and § 204-37B(9) of this chapter relating to outdoor lighting, illumination of signs and billboards.
I.
Campgrounds and recreational vehicle parks. Campgrounds and recreational vehicle parks are permitted subject to the following criteria:
(1)
The minimum tract size for a campground or recreational vehicle park shall be 10 acres.
(2)
All campgrounds or recreational vehicle parks containing more than 100 campsites or recreational vehicle spaces shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(3)
For all campgrounds or recreational vehicle parks, traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(4)
All camping or recreational vehicle spaces shall be located at least 50 feet from any side or rear lot line and at least 100 feet from any public street right-of-way.
(5)
Each camping or recreational vehicle space shall be numbered.
(6)
The minimum size, dimensions and separation from other sites of each camping or recreational vehicle space shall be as follows:
(7)
Each recreational vehicle space may be provided with individual electrical, sewage, and water connections. These element provisions generally do not apply to primitive and standard tent sites.
(8)
Every campground and recreational vehicle park shall be provided with a public comfort station, including showers, rest room facilities and a sheltered drinking fountain in accordance with requirements of the Commonwealth of Pennsylvania, including 28 Pa. Code Chapter 19, relating to organized camps and campgrounds.
(9)
Every campground and recreational vehicle park shall be provided with a paved sanitary station for the disposal of wastes from vehicle holding tanks that shall be set back a minimum of 100 feet from any lot line. All sanitary stations shall be designed in accordance with PADEP requirements and other applicable laws of the commonwealth.
(10)
Every campground and recreational vehicle park shall be provided with centralized garbage collection facilities that shall be set back a minimum of 100 feet from any lot line.
(11)
A minimum of 10% of the gross area of the campground or recreational vehicle park or 500 square feet per camping or recreational vehicle space, whichever is greater, shall be set aside for recreation and open space use exclusively by all registered occupants (and their guests) of the facility. Such facilities shall be set back at least 50 feet from any lot line, and 100 feet from property in the residential zones (R-1 and R-2) or existing residential use.
(12)
Camping spaces shall be improved to provide an adequate foundation for the placement of a camping unit. Where camping units are intended to include travel trailers, recreational vehicles or other similar portable units, such foundation shall consist of at least a durable, dust-free all-weather surface.
(13)
Standard tent sites (nonprimitive) shall be provided with a leveling area (tent pad) for the placement of tents.
(14)
Camping and recreational vehicle spaces shall be appropriately segregated and buffered to promote safety and compatibility among users and to eliminate nuisances.
(15)
No permanent structures shall be permitted on any individual campsite or recreational vehicle site other than fire places, improved pads, and required utility facilities.
(16)
An internal road system shall be provided. All roads, streets, and access drives shall be designed, constructed and maintained dust free.
(17)
Existing trees and vegetation shall be preserved, to the extent possible, to keep the area as close as possible to its original condition.
(18)
Campgrounds or recreational vehicle parks shall provide screening and buffering along the exterior/boundary lot lines of the campground and recreational park in accordance with § 204-26 of this chapter.
(19)
Any accessory retail or service commercial uses shall be solely designed and constructed to serve only the campground's or recreational vehicle park's registered occupants and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's or recreational vehicle park's internal road rather than the public street right-of-way.
(20)
Campgrounds and recreation vehicle parks shall be designed for intermittent recreational use. No persons or occupants shall be permitted to permanently reside on any campsite or recreational vehicle site, except the campground or recreational vehicle park owner and/or resident manager.
(21)
It shall be the responsibility of the campground and/or recreational vehicle park owner to maintain all improvements and facilities, including but not limited to areas and facilities designated for internal roads, sewage disposal, water supply, stormwater management, open space, and solid waste collection.
J.
Car washes. Car washes, where permitted, are subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(3)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(4)
Car washes must be provided with separate entrance and exitways with paved access drives.
(5)
On-lot traffic circulation channels and parking areas shall be clearly marked.
(8)
The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.
(9)
Gray water recycling is mandatory.
(10)
Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.
(11)
Exterior trash receptacles shall be provided. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
K.
Cemetery. Cemeteries are permitted subject to the following criteria:
(1)
The minimum lot area shall be 2.5 acres.
(2)
The total impervious lot coverage shall not exceed 10% of the lot area.
(3)
All burial plots and all structures shall be located at least 25 feet from any lot line or street right-of-way line.
(4)
No burial plot shall be permitted in any floodplain or flood fringe area.
(6)
The owner(s) and operator(s) of a cemetery shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
(7)
At no time shall a corpse be exposed or visible from a public right-of-way or adjacent property.
(8)
Any escrow account provided for by state or federal law shall be established in favor of North Middleton Township.
(9)
The use shall comply with all applicable state laws.
L.
Club, clubhouse or lodge, meeting grounds: private or any combination thereof. Private clubs, clubhouses or lodges, meeting grounds are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
All outdoor recreation/activity areas shall be set back at least 50 feet from any lot line.
(4)
No sign advertising the sale of food and/or beverages shall be permitted.
(5)
The owner(s) and operator(s) shall be responsible for the conduct and safety of the members and their guests.
M.
Commercial recreation, indoor. Indoor commercial recreation facilities are permitted subject to the following criteria:
(1)
All activities shall take place in a completely enclosed building.
(2)
All structures where indoor commercial recreation occurs shall be soundproofed in a manner to prevent sound from traveling outside, such as solid core doors, sound absorbent ceilings and forced air ventilation.
(3)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
N.
Commercial recreation, outdoor. Outdoor commercial recreation facilities are permitted subject to the following criteria:
(1)
Minimum lot area shall be five acres.
(2)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(3)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(4)
Required setbacks.
(a)
All outdoor recreation/activity areas shall be set back at least 50 feet from the street right-of-way and from property in the residential zones (R-1 and R-2) or existing residential use.
(b)
Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all lot lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy.
(c)
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on abutting roads and streets during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining streets.
(d)
Otherwise all structures shall comply with the underlying zone setbacks.
(5)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
(6)
Exterior trash and recycling receptacles shall be provided. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
O.
Communication antennas, towers, and equipment buildings transmitting and receiving facilities.
[Amended 7-2-2015 by Ord. No. 2015-04]
(1) ANTENNA BASE STATION CO-LOCATION COMMERCIALLY REASONABLE DATA COLLECTION UNIT (DCU) DISTRIBUTED ANTENNA SYSTEMS (DAS) EMERGENCY EQUIPMENT COMPOUND MODIFICATION or MODIFY MONOPOLE NON-TOWER WIRELESS COMMUNICATIONS FACILITIES (NON-TOWER WCF) REPLACEMENT RIGHT-OF-WAY (ROW) STEALTH TECHNOLOGY SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE(a) (b) TOWER TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF) WIRELESS WIRELESS COMMUNICATIONS FACILITY (WCF) WIRELESS SUPPORT STRUCTURE
Definitions. For the purposes of this section, the following words or terms shall be given the following meanings:
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities (defined below). An antenna shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.
A station at a specified site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.
The placement or installation of new wireless telecommunications facilities on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of wireless telecommunications facilities if approved by the municipality.
Means terms and pricing that are reasonably consistent with similar wireless facility leases and agreements within a fifty-mile radius of the municipality.
These are utilized primarily by electric utility providers. DCUs communicate with smart meters to obtain meter readings, restore outages and improve operational control.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
The improvement, upgrade or expansion of existing wireless telecommunications facilities or improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.
Wireless communications facilities, including, but not limited to, antennas and related equipment. Non-tower WCF shall not include support structures for antennas and related equipment.
The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
The surface of and space above and below any real property in the municipality in which the municipality has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the municipality, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Other municipal-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
Any increase in the height of the wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless telecommunications facility may exceed the size limits set forth in this definition if necessary to avoid interference with existing antennas.
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array shall not occur without municipal approval.
A self-supporting lattice tower, guy tower, monopole, or any other pole, that is constructed primarily to support an antenna for receiving and/or transmitting a wireless signal.
A tower and its supporting antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. DAS hub facilities are considered to be tower-based WCFs.
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
The set of equipment and network components including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure that could support the placement or installation of wireless telecommunications facilities if approved by the municipality.
(2)
Permitted uses for wireless communication facilities (WCF).
(a)
Communications towers and related buildings, together with any tower-based wireless communication facilities shall not be permitted in Residential Zones (R-1 and R-2) and Mixed Use Zones (VMU and NC).
(b)
Non-tower-based communication antennas may be located within Residential Zones (R-1 and R-2) and Mixed Use Zones (VMU and NC) if it can be demonstrated they shall employ stealth siting and design solutions and shall be by conditional use only.
(c)
All other tower-based wireless communication facilities (WCF), including antennas, towers and associated equipment within North Middleton Township are only permitted by conditional use.
(d)
Tower-based wireless communication facilities shall not be located on a structure that is listed on the National Register of Historic Places, property designated by the municipality in an adopted plan as being historically significant, or in a designated historic district.
(e)
Non-tower wireless communication facilities (WCF) are permitted by right in all Zoning Districts and rights-of-way subject to the requirements of this section.
(3)
Bulk and area requirements.
(a)
Setbacks are subject to the following criteria:
(b)
Antenna support structure height is subject to the following criteria:
[1]
The maximum height of any single antenna support structure located at a single site for one antenna shall be at the lowest height to function at the proposed location, based upon specific engineering data pertaining to the function of the antenna support structure to be supplied by the applicant.
[2]
An antenna support structure may exceed the maximum allowable height to allow for the co-location of another antenna, provided that the applicant shows evidence that the antenna support structure will be a shared location site.
(c)
Any utilities extended to the tower site shall be placed underground.
(d)
A WCF located on a building or similar structure shall not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use.
(4)
Design, construction, operations.
(a)
Antenna support structure design and structural integrity. The owner of the antenna or antenna support structure shall provide a registered professional engineer's report documenting that the structure meets the structural standards of the North Middleton Township Building Code.
(b)
All WCF shall be designed, constructed, inspected, operated, maintained, repaired, modified and removed in strict compliance with all current applicable federal and state technical and safety codes.
(c)
No WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services.
(d)
Co-location.
[1]
Tower-based WCF shall be designed to accommodate both the WCF applicant's antennas and comparable antennas for future users.
[2]
As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the municipality with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible.
(e)
Signage. Tower-based WCF shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communication Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising and is subject to approval by the municipality.
(f)
Lighting. WCF shall not be artificially lighted beyond what is required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(g)
Noise. WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by the municipality, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis.
(h)
Access.
[1]
An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs.
[2]
Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
[3]
Road construction shall at all times minimize ground disturbance and the cutting of vegetation.
[4]
Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.
[5]
Where applicable, the WCF owner shall present documentation to the municipality that the property owner has granted an easement for the proposed facility and maintenance responsibilities.
[6]
The easement shall comply with the requirements of § 204-32B of North Middleton Township Code entitled "Access drive requirements."
[7]
Vehicular access to the WCF shall not interfere with the parking or vehicular circulations for a principal use, if located on the site.
(i)
Fencing. A security fence with a minimum height of eight feet shall surround any tower-based WCF located outside a right-of-way, including guy wires, associated equipment, and buildings.
(j)
Mounting. Any applicant proposing a non-tower WCF, to be mounted on a building or any other structure, shall submit detailed construction and elevation drawings indicating how the non-tower WCF will be mounted on the structure for review by the municipal building codes office and/or the municipal engineer for compliance with the building code.
(k)
Safety in rights-of-way.
[1]
Schedule of operations. The municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the municipality and the requirements of the Public Utility Code.
[2]
Emergency. Within 60 days following written notice from the municipality, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:
[a]
The construction, repair, maintenance or installation of any municipal or other public improvement in the right-of-way.
[b]
The operations of the municipality or other governmental entity in the right-of-way.
[c]
Vacation of a street or road or the release of a utility easement.
[d]
An emergency as determined by the municipality.
[3]
Visual obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the municipality.
(l)
Inspections
[1]
A copy of any inspection report and certification of continued use, as required by national and state agencies, shall be provided to the municipality following the inspection. Any repairs advised by report shall be completed by the owner within 60 calendar days after the report is filed with the municipality.
[2]
The municipality reserves the right to inspect any WCF to ensure compliance with the provisions of the chapter and any other provisions found within the municipal code or state, or federal law. The municipality and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(5)
Aesthetics, landscaping, and screening.
(a)
Stealth technology. The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.
[1]
Tower-based WCFs shall employ stealth technology and the tower painted an appropriate color to harmonize with the character of the area and surrounding land uses.
[2]
Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact.
[3]
All utility buildings and accessory structures shall be designed to blend into the environment in which they are situated.
(b)
Landscaping plan. Tower-based WCF located outside the right-of-way shall submit a landscape plan describing the following:
[1]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[2]
If the antenna support structure site is located in an area of existing trees and vegetation, the existing trees and vegetation shall be preserved to the fullest extent possible to keep the area as close as possible to its original condition. The existing trees and vegetation shall be supplemented as needed to fully screen the antenna support base.
[3]
If the site lacks adequate trees and vegetation, the entire perimeter of the fence surrounding the antenna support structure compound shall be provided with Level 2 screening in accordance with § 204-26 of this chapter.
[4]
Ground mounted equipment associated with, or connected to, a tower-based WCF shall be screened from public view using landscaping and/or screening, as described above.
(c)
Antenna support structures shall be painted in the color that best allows it to blend into the surroundings unless otherwise required by the FAA regulations. The use of grays, blues and greens may be appropriate.
(6)
Replacement, co-location, or modification.
(a)
An application for replacement, co-location or modification of a previously approved wireless support structure or wireless communication facility shall be reviewed for conformance with the municipal building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that:
[1]
The proposed co-location, modification or replacement may not substantially change the physical dimensions of the wireless support structure to which the wireless telecommunications facilities are to be attached.
[2]
The proposed co-location, modification or replacement may not further increase the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array; provided, however, that nothing herein shall preclude an applicant from further increasing the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array if permitted and approved by the municipality.
[3]
The proposed co-location, modification or replacement may not increase the dimensions of the equipment compound approved by the municipality.
[4]
The proposed co-location, modification or replacement complies with applicable conditions of approval applied to the initial wireless telecommunications facilities, equipment compound and wireless support structure.
[5]
The proposed co-location, modification or replacement may not exceed the applicable wind loading and structural loading requirements for the wireless support structure.
(b)
Replacement of wireless communications facilities on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the municipality.
The applicant shall submit documentation regarding any replacement of wireless communication facilities to the municipality.
(c)
Any substantial change to an existing tower-based WCF shall require approval of the municipality.
(7)
Permit requirements.
(a)
Applications for the construction of communication antennas, support structures and related facilities shall include a written report containing the following:
[1]
Information describing the tower height and design.
[2]
A cross section of the structure.
[3]
Engineering specifications detailing construction of tower, base and guy wire anchorage.
[4]
Information describing the proposed painting and lighting schemes.
[5]
Information describing the tower's capacity, including the number and type of antennas that it can accommodate.
[6]
All tower structure information shall be certified by a licensed professional engineer.
[7]
Certification that there is not suitable space on existing sites or structures where the intended facility can be accommodated and function as required without reasonable modification.
[8]
Technological evidence that the facility must go where proposed in order to satisfy its function in the grid system and provide the quality of service required by law.
[9]
Written authorization from the property owner of the proposed site.
[10]
Inventory of existing towers and potential antenna support structures within a two-mile radius of the proposed site, discussing the unavailability of sites and reasons therefore.
[11]
Evidence of the applicant's good faith efforts to locate the antenna on an existing structure.
(b)
All guy wires shall be clearly marked so as to be visible at all times and shall be located within the fence enclosure.
(c)
All equipment and buildings must comply with the Township building, health, safety, property and other applicable local ordinances.
(d)
An application for a new tower-based WCF shall not be approved unless the municipality finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be collocated on an existing or approved structure or building.
(e)
Any application for approval of a new tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the municipality that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(f)
Gap in coverage or capacity. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to the applicant in the area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage or capacity. The existence or non-existence of a gap in wireless coverage or capacity shall be a factor in the municipality's decision on an application for approval of tower-based WCFs.
(g)
The applicant shall demonstrate that the proposed WCF comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(h)
Prior to issuance of a zoning permit for the erection of an antenna or antenna support structure, the applicant shall obtain any required land development approvals.
(i)
A formal land development plan is not required if the antenna is to be mounted on an existing structure.
(j)
Evidence shall be submitted from a registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or structure, taking into consideration winds and other loads associated with location.
(k)
Retention of experts. The municipality may hire any consultant(s) and/or expert(s) necessary to assist the municipality in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the municipality for all costs of the municipality's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(l)
Permit fees. The municipality may assess appropriate and reasonable permit fees directly related to the municipality's actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the municipality's actual reasonable cost to review and process the application.
(m)
The applicant, owner or operator of the antenna shall be licensed by the FCC.
(n)
The tower shall comply with all applicable FAA and PennDOT Bureau of Aviation regulations.
(o)
Certification of insurance evidencing general liability in the minimum amount of $1,000,000 per incident and property damage coverage in the minimum amount of $1,000,000 per incident is required to cover the tower, antenna and structures.
(8)
Discontinuation, abandonment and removal.
(a)
Nonconforming WCFs. Any nonconforming WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this chapter.
(b)
Discontinuation. In the event that use of a WCF is planned to be discontinued, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All unused or abandoned WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the municipality.
[2]
If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and accessory facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF.
[3]
Any unused portions of WCFs, including antennas, shall be removed within 90 days of the time of cessation of operations.
[4]
In the case of multiple operators sharing the use of a single tower, this provision shall become effective when all users cease operation.
(c)
Bonding. The facility owner or operator shall post and maintain funds for removal of all structures associated with the WCF in an amount 110% of the identified removal costs, as adjusted over time.
[1]
The removal funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating land owner posting the financial security, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth and is approved by the municipality.
[2]
An independent and certified professional engineer shall be retained by the applicant to estimate the cost of removal without regard to salvage value of the equipment. Said estimates shall be submitted to the municipality after the first year of operation and every five years thereafter.
P.
Contractors' offices and storage yards. Contractors' offices and storage yards are permitted subject to the following criteria:
(1)
No machinery, equipment, or materials shall be stored in required front, side, or rear building setback areas.
(2)
On-lot traffic circulation channels, storage/inventory, and parking areas shall be clearly delineated.
(3)
All outdoor storage areas shall not occupy any part of the existing or future street right-of-way or required off-street parking areas.
(4)
All areas used for the storage and parking areas shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
(5)
All areas used for the storage/inventory and parking areas shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface.
(6)
Except in the Industrial Zone, all permitted accessory activities which are clearly incidental to the principal use, including drilling, cutting, sawing, mixing, crushing, or some other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building.
(7)
There shall be no retail or wholesale sales of contractor's equipment or building materials.
(8)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
Q.
Convention centers. Convention centers are permitted subject to the following criteria:
(1)
Convention centers may include any of the following uses, provided such uses are primarily sized, located and designed as one integrated development to serve those persons or groups of persons attending the convention center and not the general public of the Township per se:
(a)
Banquet and social halls.
(b)
Commercial day-care facilities.
(c)
Indoor commercial recreation facilities.
(d)
Hotels and motels.
(e)
Indoor theaters.
(f)
Information centers and booths.
(g)
Meeting rooms.
(h)
Offices.
(i)
Personal service businesses.
(j)
Restaurants.
(k)
Retail businesses and concessionaires.
(l)
Taverns and nightclubs.
(2)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(3)
For all facilities, traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(4)
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on abutting roads and streets during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining streets.
(5)
All uses within the convention center shall be linked with sidewalks and/or pathways to facilitate safe and efficient pedestrian movements.
(6)
Any outside pedestrian waiting lines shall be provided with a means of shade.
(7)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
(8)
Exterior trash and recycling receptacles shall be provided. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
R.
Day care, commercial. Commercial day cares are permitted subject to the following criteria:
(1)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(2)
An outdoor play areas for children shall be provided. Off-street parking lots and areas shall not be used as outdoor play areas. Outdoor play areas shall not be located in the front yard. All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s). Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.).
(a)
Additionally, in the mixed use zones (VMU and NC) outdoor play areas shall be located at least 20 feet from property of an existing residential use, and screened with Level 2 screening in accordance with § 204-26 of this chapter, along with a fence at least four feet in height. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.
(3)
Off-street parking areas shall be provided and arranged so that persons and/or children do not have to cross streets on or adjacent to the site.
(4)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site, and passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(5)
Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period.
S.
Funeral homes. Funeral homes are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
No vehicles will be allowed to form or stack on an arterial road as provided in § 204-39 of this chapter.
(3)
All rooms available for funerals and viewing shall be located within the principal building.
(4)
There shall be no receiving vault, preparation room, or display of merchandise visible from outside of the principal building.
T.
Golf courses. Golf courses are permitted subject to the following criteria:
(1)
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway.
(2)
Golf paths.
(a)
Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be provided with a durable and dustless surface.
(b)
The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossings shall conform with the following:
[1]
Each crossing shall be perpendicular to the traffic movements.
[2]
Only one street, access drive or driveway may be crossed at each location.
[3]
No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street or access drive.
[4]
The crossing must be provided with a clear-sight triangle of 75 feet, measured along the street, access drive or driveway center line and the golf path center line, to a location on the center line of the golf path, five feet from the edge of the roadway. No permanent obstruction over three feet high shall be placed within this area.
[5]
Sight distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be provided as set forth in the requirements of Chapter 180, Subdivision and Land Development.
[6]
The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.
[7]
Golf path crossings shall be signed warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with angle stripes.
[8]
Golf path crossings of collector or arterial streets (as provided in § 204-39 of this chapter) shall consist of a tunnel that is located below street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards.
(3)
All golf course buildings shall be set back 75 feet from any adjoining roads and 100 feet from property in the residential zones (R-1 and R-2) or existing residential use.
(4)
Golf courses may include the following accessory uses:
(a)
Clubhouse, which may consist of:
[1]
Restaurant, snack bar, lounge and banquet facilities.
[2]
Locker and rest rooms.
[3]
Pro shop.
[4]
Administrative offices.
[5]
Golf cart and maintenance equipment storage and service facilities.
[7]
Fitness and health equipment, including workout machines, spas, whirlpools, saunas and steam rooms.
[8]
Game rooms, including card tables, billiards, ping-pong, video games, pinball machines and other similar table games.
[9]
Baby-sitting rooms and connected fence-enclosed play lots.
(b)
Accessory recreation amenities located outside of a building, including:
[1]
Driving range, provided that all lighting has been arranged to prevent glare on adjoining properties and streets.
[2]
Practice putting greens.
[3]
Swimming pools.
[4]
Tennis, platform tennis, handball, racquetball, squash, volleyball and badminton courts.
[5]
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits and washers courses.
[6]
Picnic pavilions, picnic tables, park benches and barbecue pits.
[7]
Hiking, biking, horseback riding and cross-country ski trails.
[8]
Playground equipment and play lot games, including four-square, dodgeball, tetherball and hopscotch.
(c)
Freestanding maintenance equipment and supply buildings and storage yards.
U.
Home improvement center, lumber, and building materials sales. Home improvement centers, lumber, and building materials sales are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
On-lot traffic circulation channels, storage, inventory/display/sales, and parking areas shall be clearly delineated.
(4)
All outdoor storage, sales, display, and inventory areas shall comply with § 204-50K of this chapter relating to outside display and sales.
(5)
All permitted activities, including drilling, cutting, sawing, mixing, crushing, or some other preparation of building materials, plus any testing or repair of motorized equipment, except for the inventory/display/sales, parking, shall be conducted within a completely enclosed building.
(6)
Where outdoor storage, sales, display, and inventory areas abut a street right-of-way, a perimeter landscape strip in accordance with § 204-26 of this chapter shall be provided.
(7)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
V.
Hospitals. Hospitals are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
Emergency entrances shall not be located or oriented directly toward any from property in the residential zones (R-1 and R-2) or existing residential use and must be separated by at least 200 feet from property in the residential zones (R-1 and R-2) or existing residential use.
(4)
Primary visitor or passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
(5)
Sufficient off-street stacking area for the movement of the emergency vehicles shall be provided on the site. A minimum one-hundred-foot long on-site stacking area for the emergency vehicles shall be provided on the site. No emergency vehicle will be allowed to stack or be stored on public streets.
(6)
The institution shall submit a copy of its emergency operations plan (EOP) to the local and county emergency management agency coordinator.
(7)
Maximum permitted height. The maximum permitted height is 90 feet, provided that an additional two feet of required building setback shall be provided for each one foot of height for that portion of building height exceeding 35 feet. Furthermore, any building with floor space exceeding 35 feet in height shall require the applicant to obtain a letter to the local and county emergency management agency coordinator indicating that adequate provision has been made for firefighting and rescue activities.
(8)
Accessory uses shall be integrated into the site function and design consistent with the creation of a campus-like environment.
(9)
The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
W.
Hotels and motels. Hotels and motels are permitted subject to the following criteria:
(1)
Each rental unit/room shall have its own toilet and bathing or shower facilities.
(2)
No guest vehicles will be allowed to form or stack on an arterial road as provided in § 204-39 of this chapter.
(3)
For hotels.
(a)
Any accessory eating, drinking, retail, personal service, and/or meeting room use should be directly accessible by passing through the principal hotel building:
X.
Industrial use, heavy. General industrial uses are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(a)
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(b)
The general scale of the operation, specific floor space requirements, the total number of employees on each shift, and an overall needed site size.
(c)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of § 204-37 of this chapter.
(4)
No machinery, equipment, or materials shall be stored in required front, side, or rear building setback areas.
(5)
All machinery, equipment, or materials shall be stored or arranged in an orderly fashion so that circulation for fire safety can be maintained at all times.
Y.
Industrial use, light. Light industrial uses are permitted subject to the following criteria:
(1)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(a)
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(b)
The general scale of the operation, specific floor space requirements, the total number of employees on each shift, and an overall needed site size.
(c)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of § 204-37 of this chapter.
(2)
No machinery, equipment, or materials shall be stored in required front, side, or rear building setback areas.
(3)
All unpaved building setback areas shall be covered with grass or similar vegetative material and shall at all times be clean, vacant and well maintained.
(4)
All machinery, equipment, or materials shall be stored or arranged in an orderly fashion so that circulation for fire safety can be maintained at all times.
Z.
Kennels, commercial. Commercial kennels are permitted subject to the following criteria:
(1)
Minimum lot area. Unless animals are kept inside at all times, each site shall contain at least five acres; otherwise, the minimum lot area requirement of the underlying zone shall apply.
(2)
Unless animals are kept inside at all times, all animal boarding and related buildings that are not completely enclosed, and any outdoor animal pens, stalls or runways shall be located within the rear yard and shall be provided with buffering and screening in accordance with § 204-26 of this chapter, and shall be a minimum of 250 feet from all lot lines in the residential zones (R-1 and R-2) or existing residential use. Otherwise, the setback requirements of the underlying zone shall apply.
(3)
All structures where animals are kept shall be soundproofed in a manner to prevent sound and odor from traveling outside, such as solid core doors, sound-absorbent ceilings and forced air ventilation.
(4)
All areas used for outdoor exercise shall be enclosed or securely fenced to prevent the escape of animals.
(5)
Where permitted, animals may exercise outside daily between the hours of 8:00 a.m. to 8:00 p.m.
AA.
Solar energy systems.
[Amended 8-15-2024 by Ord. No. 2024-01]
(1)
All solar energy systems. The following regulations apply to all solar energy systems, including principal solar energy systems (PSES) and accessory solar energy systems (ASES).
(a)
Solar energy systems constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to an existing solar energy system, whether or not existing prior to the effective date of this section that materially alters the solar energy system shall require approval under this section. Routine maintenance or like-kind replacements do not require a permit.
(b)
The solar energy system layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM),), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by the Township and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.
(c)
Upon completion of installation, the solar energy system shall be maintained in good working order in accordance with standards of the North Middleton Township codes under which the solar energy system was constructed. Failure of the property owner to maintain the solar energy system in good working order is grounds for appropriate enforcement actions by the Township in accordance with applicable ordinances.
(d)
All on-site transmission and plumbing lines shall be placed underground to the extent feasible.
(e)
Glare.
[1]
All solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. Exterior surfaces shall have a non-reflective finish.
[2]
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(f)
No portion of the solar energy system shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the prevailing sign regulations.
(g)
No trees or other landscaping otherwise required by North Middleton Township ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a solar energy system.
(h)
Decommissioning.
[1]
The solar energy system owner shall notify the Township immediately upon cessation or abandonment of the operation. The solar energy system shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of six continuous months.
[2]
The solar energy system owner shall then have 12 months from abandonment in which to dismantle and remove the solar energy system including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the solar energy system within the established timeframes, the municipality may complete the decommissioning at the owner's expense.
[3]
The solar energy system owner shall, at the request of the Township, provide information concerning the amount of energy generated by the solar energy system in the last 12 months.
(i)
Prior to the issuance of a zoning or land use permit, solar energy system applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property, its, his, her or their successors and assigns in title or, create in the property itself:
[1]
The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or
[2]
The right to prohibit the development on or growth of any trees or vegetation on such property.
This acknowledgement shall be submitted to the municipality and placed on any required subdivision and/or land development plans.
(j)
Solar easements.
[1]
Where a subdivision or land development proposes a solar energy system, solar easements may be provided. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements.
[2]
Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include but not be limited to:
[a]
A description of the dimensions of the easement including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;
[b]
Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;
[c]
Enumerate terms and conditions, if any, under which the easement may be revised or terminated; and
[d]
Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefitting from the solar easement in the event of interference with the easement.
[3]
If necessary, a solar energy system owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).
(k)
Stormwater requirements.
[1]
Stormwater management for the solar energy system shall be in accordance with the North Middleton Township Stormwater Management Ordinance and the Pennsylvania Department of Environmental Protection (DEP) FAQ Document entitled "Chapter 102 Permitting for Solar Panel Farms," dated January 2, 2019, as applicable and as most recently revised. In the event that criteria within the PA DEP FAQ document discussed above cannot be fully met, a detailed stormwater analysis including post-construction stormwater management (PCSM) and BMP requirements will be required.
[2]
The surface area of the arrays of a solar energy system, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the lot coverage of the lot on which the system is located.
[3]
The applicant shall submit a stormwater management plan that demonstrates compliance with the North Middleton Township stormwater management regulations.
[4]
The individual solar modules within an array shall be arranged in the following fashion:
(l)
Agrivoltaics are permitted subject to the following:
(2)
Principal solar energy systems (PSES). In addition to the regulations applicable to all solar energy systems set forth in § 204-49AA(1), the following regulations are applicable to PSES.
(a)
Plan requirements. A report and plan highlighting the existing conditions of the property shall be included in the submission to the municipality. The information should highlight existing vegetation, topography, and other existing natural features.
(b)
Permit requirements.
[1]
PSES shall comply with the North Middleton Township Subdivision and Land Development Ordinance requirements through submission of a land development plan. The installation of PSES shall be in compliance with all applicable permit requirements, codes and regulations.
[2]
The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.
(c)
Decommissioning. At the time of issuance of the permit for the construction of the PSES, the owner shall provide financial security in the form and amount acceptable to the municipality to secure its obligations under this section.
[1]
The PSES developer shall, at the time of application, provide the Township with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of 25% to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of 20%. The decommissioning cost estimate formula shall be: Gross Cost of Decommissioning Activities + Administrative Factor of 25% - Salvage and Resale Credit of 80% = Decommissioning Cost Estimate.
[2]
On every fifth anniversary of the date of providing the decommissioning financial security, the PSES owner shall provide an updated decommission cost estimate, utilizing the formula set forth above with adjustments for inflation and cost and value changes. If the decommissioning security amount changes, the PSES owner shall remit the increased financial security to the Township within 30 days of the approval of the updated decommissioning security estimate by the Township.
[3]
Decomissioning security estimates shall be subject to review and approval by the Township and the PSES developer/owner shall be responsible for administrative, legal, and engineering costs incurred by the municipality for such review.
[4]
At no time shall the financial security be an amount less than $500,000.
[5]
The decommissioning security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.
[6]
Prior to approval of any plan or permit for a PSES, the PSES developer shall enter into a decommissioning agreement with the Township outlining the responsibility of the parties under the agreement as to the decommissioning of the PSES.
(d)
The maximum solar project area of a PSES shall not exceed 50% of the lot upon which the PSES is situated.
(e)
All PSES shall adhere to a minimum setback distance of 100 feet from any property line.
(f)
Environmental protection.
[1]
All PSES must be set back a distance of 25 feet from any area designated as a wetland, a FEMA floodplain, or an area containing 15% slope or greater.
[2]
All PSES shall be set back 100 feet from a property listed on, or eligible for listing on, the National Register of Historic Places as designated by the State Historic Preservation Office of the National Park Service.
(g)
Ground-mounted PSES shall be screened from adjoining residential uses or zones in accordance with the following:
[1]
All PSES shall comply with the applicable screening and buffering standards found in § 204-26 of the North Middleton Township Zoning Ordinance, except that PSES on lots which abut a residential use or a lot within a residential zone shall provide for Level 3 screening in accordance with § 204-26G(3) of the North Middleton Township Zoning Ordinance.
(h)
PSES shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(i)
Security.
[1]
All ground-mounted PSES shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. The fence shall meet setback requirements noted in this section.
[2]
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.
(j)
Access.
[1]
At a minimum, a twenty-five-foot-wide access road must be provided from a state or municipal roadway into the site. Access points must be designed to accommodate the largest construction traffic that will be entering the site.
[2]
Between the solar arrays, an emergency access drive shall be provided to allow access for maintenance vehicles and emergency management. The width of this drive shall be confirmed with the local EMS providers but in no case shall it be less than 15 feet in width. Emergency access drive width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.
[3]
Access to the PSES shall comply with the access requirements in the North Middleton Township Subdivision and Land Development Ordinance.
[4]
All access points, whether temporary or permanent, shall be required to obtain a PennDOT or Township roadway occupancy permit.
[5]
All sites shall be designed such that the construction traffic, to the greatest degree possible, shall utilize access points from state highways instead of local Township roadways.
(k)
PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority. This shall include any indicator lights/beacons, which shall not be visible beyond the property line of the project site, whether solid or flashing.
(l)
The owner of a PSES shall provide the Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system. The written confirmation shall include a statement of capacity and approval of the proposed location.
(m)
Roof-mounted and wall-mounted PSES.
[1]
For roof-mounted and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and the adopted building code of the Township and that the roof or wall is capable of holding the load imposed on the structure.
[2]
PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zone.
BB.
Large wind energy production facility. Large wind energy production facilities are permitted subject to the following criteria:
(1)
The layout, design, and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the North Middleton Township Building Code, and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(2)
All on-site utility and transmission lines shall be placed underground.
(3)
All large wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff regulation shall not be considered a sufficient braking system for overspeed protection.
(4)
Noise from small wind turbines shall not exceed 55 decibels, or 10 decibels above ambient noise in any one hour, whichever is higher. Noise is measured from the closest neighboring inhabited dwelling or nearest habitable dwelling setback on abutting property, whichever is closer.
(a)
The ambient sound measurement, known as "A-weighted sound level" is taken where the noise from the small wind turbine cannot be heard, or with the small wind turbine shut down. The ambient sound level is rarely found to be constant over time, and is usually quite variable. The ambient sound level is considered to be the level that is exceeded 90% of the time when the noise measurements are taken. The 55 decibel or 10 decibel level may be exceeded during short-term events, such as utility outages and severe wind storms.
(5)
Large wind energy production facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).
(6)
Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.
(7)
Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.
(8)
All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent property.
(9)
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
(10)
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(11)
All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, lot line, street right-of-way, or overhead utility line.
(12)
The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.
(13)
All large wind energy production facilities shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.
(14)
The large wind energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the property. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.
(15)
The owner of the large wind energy production facility shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.
CC.
Laundry and dry cleaning establishment (industrial). Laundry and dry cleaning establishments (industrial) are permitted subject to the following criteria:
(1)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(a)
The nature of the on-site processing operations, the materials used in the process, and the generation and methods for disposal of any by-products. In addition the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(b)
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.
(c)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of § 204-37 of this chapter.
(2)
No equipment or materials shall be stored in required front, side, or rear building setback areas.
(3)
All equipment or materials shall be stored or arranged in an orderly fashion so that circulation for fire safety can be maintained at all times.
DD.
Mineral extraction and recovery establishments. Mineral extraction and processing establishments are permitted subject to the following criteria:
(1)
General - operations:
(a)
May not injure or detract from the lawful existing or permitted use of neighboring properties.
(b)
Must demonstrate compliance with a water feasibility study in accordance with the requirements of Chapter 180, Subdivision and Land Development.
(c)
May not adversely affect the local, efficient and economical extensions of public services, facilities and utilities throughout the Township.
(d)
May not create any significant damage to the health, safety, or welfare of the Township and its residents and property owners.
(e)
May not result in the land area subject to mining operations being placed in a condition that will prevent the use of that land for economically and ecologically productive uses upon completion of the mining operation.
(f)
Must demonstrate compliance with all applicable state and federal regulations at all times.
(2)
Site plan requirements.
(a)
As a part of each application, the applicant shall furnish an accurately surveyed site plan on a scale no less than 1:2,400 showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
[1]
The boundaries of the proposed land affected, together with the drainage area above and below the area.
[2]
The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area.
[3]
The location of all buildings within 1,000 feet of the outer perimeter of the area affected, and the names and addresses of the owners and present occupants;
[4]
The purpose for which each building is used.
[5]
The name of the owner of the affected area and the names of adjacent landowners, the municipality, and the county.
(3)
Minimum lot area. The minimum lot area will be 100 acres.
(4)
Screening and buffering. A fence measuring at least eight feet in height must enclose the area of actual mining operations. All fencing shall be provided with buffering and screening in accordance with § 204-26 of this chapter. Earthen berms are preferred and shall be provided in accordance with the minimum standards:
(a)
Shall have a slope of not less than one vertical to two horizontal and must extend at least eight feet above the ground level of the highest target.
(b)
The crest of the berm at the eight-foot minimum height limit shall be at least four feet in width as measured between the wall of the berm facing the range and the opposite wall.
(5)
Setback. The following table identifies minimum setbacks imposed upon specific features of the mining and other extractive-related uses from abutting and/or adjacent uses:
Quarry-Related Feature | Existing Residential Use (feet) | Existing Nonresidential Building (feet) | Residentially Zoned District (feet) | Adjoining Street (feet) | Public/ Nonprofit Park (feet) | Cemetery or Stream Bank (feet) | Abutting Property (feet) |
|---|---|---|---|---|---|---|---|
Stock piles or spoil piles | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
Mineral processing equipment (e.g., rushers, sorters, conveyors, dryers, etc.) | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
Quarry pit | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
On-site access roads and off-street parking, loading and vehicle storage and weighing facilities | 300 | 300 | 500 | 100 | 300 | 100 | 100 |
Other operational equipment, structures and/or improvements | 300 | 300 | 500 | 100 | 300 | 100 | 100 |
(6)
Access.
(a)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(b)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(d)
All access drives serving the site shall have a paved minimum thirty-five-foot wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
(7)
Traffic impact. The applicant shall provide a traffic study prepared in accordance with the requirements of Chapter 180, Subdivision and Land Development.
(8)
Reclamation. The applicant shall demonstrate compliance with Section 7(c) of the Pennsylvania Act No. 1984-219, as may be amended.[2] The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township within 30 days whenever a change in the reclamation plan is proposed to the PADEP.
[2]
Editor's Note: See 52 P.S. § 3307(c).
(9)
Operations progress report. Within 90 days after commencement of surface mining operations, and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer setting forth all of the following:
(a)
The name or number of the operation.
(b)
The location of the operation with reference to the nearest public road.
(c)
A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, mining pits, etc.
(d)
The name and address of the landowner or his duly authorized representative.
(e)
An annual report of the type and quantity of mineral produced.
(f)
The current status of the reclamation work performed in pursuance of the approved reclamation plan.
(g)
A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.
(h)
Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of, violation issued by the PADEP.
(10)
Responsibility for road maintenance and repair; road bonding. The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the mineral extraction or recovery operations pursuant to the provisions of 67 Pa. Code Chapter 189, hauling in excess of posted weight limit. The Township may require the landowner and/or operator to furnish a bond to guarantee the repair of any such damage, pursuant to the said provisions of the Pennsylvania Code.
EE.
Mini-storage warehouses. Mini-storage warehouses are permitted subject to the following criteria:
(1)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(2)
All areas used for storage and loading, interior traffic aisles, and required off-street parking areas, shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface.
(3)
Parking may be provided along interior traffic aisles adjacent to the buildings. These aisles shall be at least 26 feet wide when storage units open onto one side of the aisle only and at least 30 feet wide when storage units open onto both sides of the aisle.
(4)
Nothing shall be stored in interior traffic aisles, required off-street parking areas, or loading areas.
(5)
Outdoor storage shall be limited to vehicles, boats and trailers.
(6)
The storage of inoperable, unlicensed, or inspected motor vehicles outside of a completely enclosed building shall be prohibited.
(7)
All mini-storage units shall be of fire-resistant construction.
(8)
Mini-storage units shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
(a)
Auctions, except for disposition of storage contents by storage property owner or representative.
(b)
Commercial wholesale or retail sales, or garage sales.
(c)
Offices, except for an office that is part of the mini-storage operation, or residential dwellings.
(d)
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
(e)
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
(f)
The establishment of a transfer and storage business.
(g)
The storage of trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items that are dangerous, noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(h)
The applicant shall adequately demonstrate that all mini-storage/rental and/or use contracts shall specifically prohibit these uses.
(9)
All garage doors of mini-storage units or outdoor storage areas shall not be located directly facing toward any property in the residential zones (R-1 and R-2) or existing residential use.
(10)
Minimum separation between buildings shall be 20 feet which shall allow passage by emergency vehicles.
(11)
Exterior trash and recycling receptacles shall be provided. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
FF.
Motor freight terminal. Motor freight terminals are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
The subject property shall be located no closer than 500 feet from the residential zones (R-1 and R-2) and/or property containing a school, day-care facility, park, playground, library, hospital, or nursing, rest or retirement home.
(4)
All structures (including but not limited to air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line.
(5)
Access driveways shall be a minimum of 28 feet, and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges.
(6)
Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop. The applicant shall also present credible evidence that the number of oversized off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by truck patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.
(7)
Trash receptacles shall be provided amid off-street parking areas that shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant.
(8)
All uses involving drive-through restaurants and/or drive-through vehicle service and/or washing shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
(9)
All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations shall be permitted.
(10)
The outdoor storage of unlicensed vehicles is prohibited.
(11)
All vehicles and machinery shall be repaired and removed from the premises promptly.
(12)
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within two weeks after arrival.
(13)
Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use as measured at each of the property lines.
(14)
The applicant shall submit a traffic study prepared in accordance with Chapter 180, Subdivision and Land Development.
(15)
The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.
GG.
Motor vehicle auction. Motor vehicle auctions are permitted subject to the following criteria:
(1)
Any site used for the sale, parking and/or storage of more than 150 vehicles shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Vehicles as part of inventory/display/sales shall not occupy any part of the existing or future street right-of-way (including sidewalks) or required off-street parking areas.
(3)
Vehicles as part of inventory/display/sales shall not be permitted in required front, side, or rear building setback areas.
(4)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(5)
On-lot traffic circulation channels, storage, inventory/display/sales, and parking areas shall be clearly delineated.
(6)
All areas used for the storage, inventory/display/sales, parking, and otherwise permitted servicing of vehicles shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
(7)
All areas used for the storage, inventory/display/sales, parking, and otherwise permitted servicing of vehicles shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface.
(8)
All permitted activities except for the storage, inventory/display/sales, parking, and those normally required to be performed at the gasoline/fuel and air pumps, and washing and vacuuming areas shall be performed within a completely enclosed building.
(9)
All ventilation equipment outlets, fume collection, and other similar equipment associated with the service/repair work area(s) and/or service/repair and wash bay doors/opening shall not be located or oriented directly toward any from property in the residential zones (R-1 and R-2) or existing residential use.
(10)
The demolition or junking of vehicles is prohibited. The storage of vehicles and related parts shall be within a completely enclosed building.
(11)
No vehicle, except those with current registration and offered as part of the inventory/display/sales, shall be stored upon the site for more than 35 days.
HH.
Nightclubs. Nightclubs are permitted subject to the following criteria:
(1)
A nightclub serving and/or selling alcohol shall be located in accordance and otherwise comply with the provisions of the Pennsylvania Liquor Control Board.
(2)
All buildings shall be completely enclosed and soundproofed in a manner to prevent sound from traveling outside, such as solid core doors.
(3)
The owner(s) and operator(s) of a nightclub shall be responsible for the conduct and safety of the patrons.
II.
Off-track betting parlors. Off-track betting parlors are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
No portion of an off-track betting parlor shall be located within 500 feet of another off-track betting parlor.
(4)
No portion of a building occupied by an off-track betting parlor shall be located within 500 feet from property in the residential zones (R-1 and R-2) or existing residential use.
(5)
No portion of a building occupied by an off-track betting parlor shall be located within 500 feet of any property which contains any one or more of the following specified land uses where minors may congregate:
(6)
No more than one off-track betting parlor may be located within one building or on one lot.
JJ.
Outdoor farmer's market and/or flea market. Outdoor farmer's markets and/or flea markets are permitted subject to the following criteria:
(1)
The retail display/sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail display/sales area shall include all indoor and/or outdoor areas as listed above.
(2)
All areas used for outdoor retail display/sales area shall not be permitted in required front, side, or rear building setback areas.
(3)
All outdoor display and sales of merchandise shall begin no earlier than one hour before official sunrise, and must be completed no later than one hour after official sunset.
(4)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
(5)
Exterior trash and recycling receptacles shall be provided amid any outdoor sales area. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
KK.
Outdoor shooting ranges. Shooting ranges are permitted subject to the following criteria:
(1)
A development or site plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.
(2)
The firing range, including the entire safety fan, shall be enclosed with a six-foot-high, nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch tall, red letters on a white background shall be posted at a maximum fifty-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!".
(3)
The firing range shall also be provided with buffering, landscaping and screening in accordance with § 204-26 of this chapter.
(4)
All surfaces located within the safety fan, including the backstop, overhead baffles, berms and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials.
(5)
The applicant shall present credible evidence that the sounds of shooting to the nearest property containing an existing residential use does not exceed the ambient noise level.
(6)
The range boundaries must be set back at least 500 feet from any lot line or street right-of-way line, and also located at least 1,000 yards from property in the residential zones (R-1 and R-2) or existing residential use. The range boundaries shall be determined as a one-hundred-fifty-yard radius from each of the stands.
(7)
The facility shall be operated no earlier than one hour after official sunrise, and must be completed no later than one hour before official sunset.
(8)
All operations shall be conducted in accordance with National Rifle Association guidelines.
LL.
Parks, playgrounds and other noncommercial recreational uses. Parks, playgrounds and other noncommercial recreational uses are permitted subject to the following criteria:
(1)
Parks, playgrounds, and other noncommercial recreational uses shall be developed in a manner that preserves natural features, watercourses, unique rock outcrops, slopes of greater than 15% and vegetation.
(2)
Hours of operation and activities shall comply with all applicable Township policies and regulations relating to parks and public outdoor facilities.
(3)
Exterior trash and recycling receptacles shall be provided. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
MM.
Place of worship. Places of worship are permitted subject to the following criteria:
(1)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site, and passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(2)
All places of worship with attendance or seating capacity of 250 or more students shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(3)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(4)
Off-street parking areas shall be provided and arranged so that persons do not have to cross streets on or adjacent to the site.
NN.
Principal waste handling facilities. Principal waste handling facilities are permitted subject to the following criteria:
(1)
Any processing of solid waste (including but not limited to incineration, composting, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a completely enclosed building.
(2)
No refuse shall be deposited or stored, and no building or structure shall be located within 100 feet of any lot line, and 250 feet of any from property in the residential zones (R-1 and R-2) or existing residential use.
(3)
Any external area used for the unloading, transfer, storage or depositing of waste shall be surrounded by a fence or wall at least six feet in height. Such fence shall be completely sight obscuring and maintained in good condition. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(4)
All facilities shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting will not have to back upon onto public roads.
(5)
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling from the site.
(6)
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
(7)
Hazardous waste, as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, or as amended, shall not be disposed of within the proposed area.
(8)
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township.
(9)
The unloading, processing, transfer, and deposition of solid waste shall be continuously supervised by a qualified facility operator.
(10)
Any waste that cannot be used in any disposal process, or material that is to be recycled, shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.
(11)
All storage of solid waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event, for more than 72 hours.
(12)
A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.
(13)
Leachate from the solid waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PADEP regulations.
(14)
All structures shall be set back at least a distance equal to their height.
(15)
A water supply feasibility report shall be prepared in accordance with Chapter 180, Subdivision and Land Development, to demonstrate that sufficient water resources are available to serve the proposal.
(16)
Any sanitary landfill must be owned and operated by a county or municipality or their authorities.
OO.
Public/private utility building or structure. Public/private utility buildings or structures are permitted subject to the following criteria:
(1)
The applicant must demonstrate that the selected location is necessary for public service and the use cannot be supplied if located elsewhere.
(2)
In the residential zones (R-1 and R-2) and mixed use zone (VMU and NC), any permitted public building shall maintain an exterior appearance that resembles and is compatible with any existing dwellings and buildings in the neighborhood, and building height and setbacks shall be consistent with surrounding development in the neighborhood. In all other zones all height, area, setback and coverage standards within the underlying zone shall apply.
(3)
In the residential zones (R-1 and R-2) and mixed use zones (VMU and NC), the outdoor storage of vehicles, materials, and equipment shall not be permitted.
(4)
Buildings and structures shall be set back at least 50 feet from any property line in the residential zones (R-1 and R-2) or existing residential use.
PP.
Sawmills. Sawmills are subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
(4)
On-lot traffic circulation channels, storage, loading, and parking areas shall be clearly delineated.
(5)
All areas used for storage, loading, and parking shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
(6)
Except in the IND Zone, all buildings, structures, storage and loading areas shall be a minimum of 250 feet from all lot lines.
(7)
Storage and loading areas and other activities of similar nature shall not occupy any part of the street right-of-way or required off-street parking areas.
(8)
Except in the IND Zone, all cutting, sawing, grinding, or other processing shall be conducted within a completely enclosed building.
(9)
Except the IND Zone, sawmills shall only operate no earlier than one hour after the official sunrise, and must be completed no later than one hour before official sunset on weekdays. No weekend or holiday operation shall be permitted.
QQ.
Schools, commercial. Commercial schools are permitted subject to the following criteria:
(1)
All schools with an enrollment of 250 or more students shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
Enrollment shall be defined as the largest number of students under educational supervision at any one time during a seven-day period.
RR.
Schools, public or private. Public or private schools are permitted subject to the following criteria:
(1)
All schools with an enrollment of 250 or more students shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site, and passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(3)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(4)
"Enrollment" shall be defined as the largest number of students under educational supervision at any one time during a seven-day period.
SS.
Schools, vocational. Vocational schools are permitted subject to the following criteria:
(1)
All schools with an enrollment of 250 or more students shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(3)
On-lot traffic circulation channels, storage, loading, and parking areas shall be clearly delineated.
(4)
All areas used for storage, loading, and parking shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
(5)
All areas used for the storage, loading, and parking areas shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface.
(6)
Enrollment shall be defined as the largest number of students under educational supervision at any one time during a seven-day period.
(7)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(a)
The nature of the on-site activities and operations, the types of materials stored, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(b)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in § 204-37 of this chapter.
TT.
Shopping centers. Shopping centers are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
All access drives shall be set back at least 200 feet from the intersection of any street right-of-way lines.
(3)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(4)
On-lot traffic circulation channels and parking areas shall be clearly delineated.
(6)
In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages with any adjoining area within the residential zones (R-1 and R-2) or mixed use zones (VMU and NC), even if they are not yet developed. Such pedestrian linkages shall be located so as to provide safe and convenient access to the shopping center from the nearby areas.
VV.
Travel plazas. Travel plazas are permitted subject to the following criteria:
(1)
Travel plazas may include a wide range of services and goods to professional drivers and the general public are congregated, such as fuel sales, vehicle service, overnight accommodations and restaurants subject to the specific standards for each use in accordance with the provisions in Articles III and IV of this chapter.
(2)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(3)
Travel plazas must be provided with separate entrance and exitways with paved access drives.
(4)
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line.
(5)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(6)
On-lot traffic circulation channels, storage, and parking areas shall be clearly delineated. Fuel delivery shall not impede traffic-flow patterns.
WW.
Treatment center. Treatment centers are permitted subject to the following criteria:
(1)
A treatment center shall be directly affiliated with a parent institution or organization which shall provide full-time supervision and administration to the residents of the treatment center.
(2)
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
(3)
The residents of the treatment center shall reside on the premises to benefit from the services provided.
(4)
No portion of a treatment center shall be located within 500 feet of another treatment center, group home facility, group care facility, and/or halfway house, but in no case shall be located within the same block.
(5)
No portion of a building occupied by a treatment center use shall be located within 500 feet of any property which contains any one or more of the following specified land uses where minors may congregate:
(6)
Each application shall be accompanied by a statement describing the following:
(a)
The composition of the treatment center;
(b)
The policies and goals of the treatment center and the means proposed to accomplish those goals;
(c)
The characteristics of the residents and number of residents to be served;
(d)
The operating methods and procedures to be used; and
(e)
Any other facts relevant to the proposed operation of the treatment center.
(7)
No treatment center may change the type or maximum number of clients being housed, except upon additional approval by the entity with jurisdiction for initial approval.
(8)
The institution shall submit a copy of its emergency operations plan (EOP) to the local and county emergency management agency coordinator.
XX.
Truck drop lot. Truck drop lots are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Truck drop lots must be provided with separate entrance and exitways with paved access drives.
(3)
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line.
(4)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(5)
On-lot traffic circulation channels, storage, and parking areas shall be clearly delineated. Fuel delivery shall not impede traffic flow patterns.
(6)
The applicant shall submit a traffic study prepared in accordance with Chapter 180, Subdivision and Land Development.
(7)
Truck drop lots shall provide permanent bathroom facilities connected to the public sewerage system or, if public sewerage is not available, to an on-lot septic system(s). The facilities shall always be available to full- and part-time workers at the drop lot, and drivers and associated personnel visiting the lot.
YY.
Warehousing, distribution, and wholesaling. Warehousing, distribution, and wholesaling establishments are permitted subject to the following criteria:
(1)
The subject property shall front on or have direct access via a public street to an arterial or collector road as provided in § 204-39 of this chapter.
(2)
Storage, loading, parking areas, and other activities of similar nature shall not occupy any part of the existing or future street right-of-way (including sidewalks) or required off-street parking areas.
(3)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(4)
On-lot traffic circulation channels, storage, loading, and parking areas shall be clearly delineated.
(5)
All areas used for storage, loading, and parking shall be aligned in an orderly fashion so that circulation for fire safety can be maintained at all times.
(6)
All areas used for the storage, loading, parking areas shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface.
(7)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(a)
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(b)
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift and an overall needed site size.
(c)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in § 204-37 of this chapter.
§ 204-50 Accessory uses.
A.
Accessory apartments. Accessory apartments are subject to the following criteria:
(1)
Only one accessory apartment shall be permitted as an accessory use to a principal owner-occupied, single-family detached dwelling.
(2)
An accessory apartment may be contained within a portion of an accessory building or within a portion of the main structure.
(3)
No accessory apartment shall comprise more than 30% of the habitable floor space of the principal dwelling.
(4)
The applicant shall demonstrate that an approved means of sewage disposal and reliable water supply shall be used.
(5)
All units contained on floors above or below grade shall have a direct means of escape to ground level.
(6)
Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character.
B.
Automated banking facilities. Automated banking facilities are permitted subject to the following criteria:
(1)
Within the VMU Zone, drive-through facilities shall be prohibited.
(2)
Otherwise, all drive-through automated banking facilities shall comply with the provisions for drive-through facilities herein § 204-50E of this chapter.
(3)
Otherwise, automated banking facilities are permitted, subject to the following criteria:
(a)
Trash receptacles shall be provided and routinely emptied to present the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.
(b)
All automated teller machines shall be located, or contain convenient parking spaces, so that the movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.
(c)
Where practicable, all automated teller machines shall be located on a building wall facing away from an adjoining property within the residential zones (R-1 and R-2) and any existing, adjacent residential use.
C.
Day care, accessory. Accessory day cares are exempted from zoning permit requirements, except that the principal residential dwelling must comply with all other applicable requirements of this chapter.
D.
Day care, family. Family day-care uses are permitted subject to the following criteria:
(1)
Family day-care facilities shall be conducted within a single-family detached dwelling.
(2)
A family day-care facility shall offer care and supervision to no more than six different nonresident persons during any calendar day.
(3)
All principal structures permitted to be family day-care facilities shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.
(4)
Fire escapes, where required, shall be located in the rear or side (in order of preference) of the building and shall not be located on any wall facing a street right-of-way.
(5)
An outdoor play area for children shall be provided. Off-street parking lots and areas shall not be used as outdoor play areas. Outdoor play areas shall not be located in the front yard. All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s). Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.)
(a)
Additionally, outdoor play areas shall be located at least 20 feet from property in the residential zones (R-1 and R-2) or existing residential use, and screened in accordance with § 204-26 of this chapter, along with a fence at least four feet in height. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.
(6)
Off-street parking areas shall be provided and arranged so that persons do not have to cross streets on or adjacent to the site.
(7)
Primary passenger dropoff and pickup areas should be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site, and passenger dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(8)
All parking areas shall be screened from abutting property in the residential zones (R-1 and R-2) or existing residential use.
(9)
"Enrollment" shall be defined as the largest number of persons under day-care supervision at any one time during a seven-day period.
(10)
All family day centers must comply with the current Uniform Construction Code regulations.
E.
Drive-through facilities for permitted uses. Drive-through facilities for permitted uses are permitted subject to the following criteria:
(1)
The subject property shall front on an arterial or collector road as provided in § 204-39 of this chapter.
(2)
No drive-through facility shall be located within 25 feet from an abutting property in the residential zones (R-1 or R-2) Zones or existing residential use.
(3)
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. Ingress and egress standards shall meet the requirements set forth in Chapter 180, Subdivision and Land Development.
(4)
All drive-through facility buildings and structures shall be designed and planned to take advantage of and be compatible with natural and built features of the site and area.
(5)
Where practicable, all drive-through window and lanes shall be separated from the parking lot's interior driveways.
(6)
Where practicable, all drive-through window facilities and lanes shall be located on a building wall facing away from an abutting property in the residential zones (R-1 and R-2) or existing residential use.
(7)
Where practicable, all drive-through window facilities and lanes shall be located on a building wall facing away from a public street right-of-way.
(8)
On-lot traffic circulation channels and parking areas shall be clearly delineated.
(9)
Sufficient stacking lanes shall be provided associated with drive-through windows to prevent vehicle backups on adjoining streets. A minimum one-hundred-foot-long on-site stacking area for the vehicles shall be provided on the site. No vehicle will be allowed to stack or form on public streets. Furthermore, each drive-through lane shall have on-site directional signs, indicator lights or pavement markings identifying the direction of travel and lane status (i.e., open vs. closed).
(10)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on abutting property in the residential zones (R-1 and R-2) or existing residential use.
F.
Farm occupations. Farm occupation uses are permitted subject to the following criteria:
(1)
For the purposes of this section, farm occupations may involve any one of a wide range of uses, so long as there is no more than one farm occupation per lot, and it remains secondary and clearly incidental to and compatible with the active agricultural operation and/or farm use of at least 10 acres.
(2)
For farm or agricultural parcels of up to 50 acres in size, while the farm occupation is in operation, no non-farm subdivision of the site shall be permitted.
(3)
No more than four nonresidents shall be employed by the farm occupation, and at least one owner of the farm occupation must be engaged in the farm occupation.
(4)
Activities associated with the farm occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the lot line.
(5)
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation and other performance standards in accordance with this chapter.
(6)
The farm occupation shall not be conducted in a manner that its noise exceeds at the lot line the ambient noise level of the applicable time of day.
(7)
Except as otherwise provided herein this section, all activities associated with the farm occupation shall take place in one completely enclosed building. Where practicable, the farm occupation shall be conducted within an existing farm or agricultural operation building:
(a)
However, any new building constructed for use by the farm occupation shall be located to the rear (behind) the agricultural operation's or farm's principal buildings, and must be no less than 100 feet from any adjoining roads or properties.
(b)
Any new building constructed for use by the farm occupation shall be of a design so that it is compatible with the surrounding buildings and can be readily converted to agricultural operation or farm use, or removed, if the farm occupation is discontinued.
(8)
The sales of goods or merchandise may occur on the premises, limited to those goods or merchandise that are produced on the premises, or are customarily incidental to the business use and directly related thereto.
(9)
No manufacturing, repairing, or other mechanical work shall be performed in any outdoor area. Such activity shall be conducted within a completely enclosed building in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the lot line.
(10)
All parking, loading, and outdoor storage areas shall be screened from adjoining roads and properties:
(11)
No part of a farm occupation shall be located within 75 feet of any side or rear lot line, nor 150 feet from an abutting property in the residential zones (R-1 or R-2 Zones) or existing residential use.
(12)
The farm occupation shall occupy no more than 4,000 square feet of gross floor area, nor more than one acre of lot area. However, any driveway serving the farm occupation and the agricultural operation or farm use, shall not be calculated as land serving the farm occupation.
(13)
No more than 50% of the land devoted to a farm occupation shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces.
(14)
Vehicular access to the farm occupation shall be limited to the same driveway connection with the public street right-of-way that serves the agricultural operation or farm use and/or related dwelling. No additional roadway connection shall be permitted for the farm occupation.
(15)
Drive-throughs shall be prohibited.
G.
Home occupations. Home occupation uses are permitted subject to the following criteria:
(1)
For the purposes of this section, home occupations may involve any one of a wide range of uses, so long as there is no more than one home occupation per lot, and it remains secondary and clearly incidental to and compatible with the primary use of the premises as a single-family detached dwelling for living purposes.
(2)
No more than two nonresidents shall be employed by the home occupation, and at least one resident of the dwelling must be engaged in the home occupation.
(3)
No modifications to the external appearance of the building which would alter its residential character shall be permitted.
(4)
Activities associated with the home occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the lot line.
(5)
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation and other performance standards in accordance with this chapter.
(6)
The home occupation shall not be conducted in a manner that its noise exceeds at the lot line the ambient noise level of the applicable time of day.
(7)
All activities associated with the home occupation shall take place in a completely enclosed building.
(8)
No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise that are produced on the premises, or are customarily incidental to the business use and directly related thereto, such as hair care products by a barber or beautician.
(9)
No manufacturing, repairing, or other mechanical work shall be performed in any outdoor area. Such activity shall be conducted within a completely enclosed building in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the lot line.
(10)
No goods or materials shall be displayed or stored so as to be visible from the exterior of the premises.
(11)
Home occupations shall be limited to not more than 25% of the habitable floor area of the dwelling unit, or 500 square feet of gross floor area, whichever is less.
(12)
All parking areas shall be screened from abutting property in the residential zones (R-1 and R-2) or existing residential use.
(13)
Vehicular access to the home occupation shall be limited to the same driveway connection with the public street right-of-way that serves the single-family detached dwelling. No additional roadway connection shall be permitted for the home occupation.
(14)
The home occupation shall not require delivery or pickup by tractor-trailer trucks.
(15)
Drive throughs shall be prohibited.
(16)
No accessory building or structure shall be utilized as a home occupation, except that an accessory building or structure may be used as storage area for the home occupation, provided that said area shall be included in the total area permitted for a home occupation use and, further, that no such accessory building or structure shall be accessible to the public for business purposes.
H.
No-impact home occupation. No-impact home occupation uses are permitted subject to the following criteria:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of substantial nature.
(4)
There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
(5)
The business may not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activities.
I.
Noncommercial keeping of livestock. Noncommercial keeping of livestock shall be permitted subject to the following specific criteria:
(1)
The following lists minimum lot areas for housing or keeping noncommercial livestock.
(a)
Minimum lot area shall be one acre. Additionally, the following list specifies additional lot area requirements by size of livestock kept:
[1]
Group 1: livestock whose average adult weight is less than 10 pounds shall be permitted at a livestock density of 12 per acre, with a maximum number of 50 livestock.
[2]
Group 2: livestock whose average adult weight is between 10 and 65 pounds shall be permitted at an animal density of two per acre, with a maximum number of 20 livestock.
[3]
Group 3: livestock whose average adult weight is greater than 65 pounds shall be permitted at an animal density of one per acre, with a maximum number of 10 livestock.
(2)
The keeping of a combination of animal types (Groups 1, 2 and 3) shall require an animal density equal to the ratio of the number of livestock, by type. In no case shall a lot contain more than 50 total livestock.
(3)
The following lists minimum setbacks (from all lot lines) imposed upon the placement of any structure used to house noncommercial livestock. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply:
(4)
Structures used to house noncommercial livestock shall not be permitted in the front yard.
(5)
All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the livestock. Such fencing must be set back at least 10 feet from all lot lines.
(6)
All livestock housing structures and all animal wastes shall be properly stored and disposed of so to minimize odors perceptible at the lot line.
(7)
The applicant shall furnish evidence of an effective means of livestock waste disposal which shall be implemented. All manure management practices and operations shall comply with the provisions set forth in the Pennsylvania Nutrient Management Act, as amended.[1]
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
J.
Outdoor cafe/dining. Outdoor cafes/dining are permitted subject to the following criteria:
(1)
Outdoor furnishings shall be limited to tables, chairs, umbrellas, benches, trash/recycling type facilities, outdoor heaters, and reservation podium.
(2)
Outdoor furnishings shall be stored in an enclosed facility after normal operating hours.
(3)
The limits of the outdoor dining area shall be defined. In addition to decorative fencing and landscaping, decorative planters, posts with ropes, and other removable enclosures, as well as reservation podium, are encouraged as a way of defining the area occupied by the outdoor dining area.
(4)
Any exterior microphone/speaker system shall be oriented, arranged and/or screened to prevent any objectionable noise impact on abutting property in the residential zones (R-1 and R-2) or existing residential use.
(5)
Exterior trash and recycling receptacles shall be provided amid any outdoor dining area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(6)
Advertising or promotional features, other than permitted signs in accordance with § 204-41 of this chapter, shall be limited to umbrellas and canopies.
(7)
Outdoor dining shall not impede public sidewalks. Where permission is granted by the entity having jurisdiction over the public right-of-way in which the outdoor dining is proposed, a minimum of six feet uninterrupted (obstacle free) pathway can be continuously maintained, public sidewalks may be utilized for outdoor dining areas.
K.
Outside display and sales. Outdoor display and sales are permitted subject to the following criteria:
(1)
To be considered outside display and sales, the goods, material, and merchandise which are being displayed must be offered for sale to customers. Otherwise, it shall be considered outdoor storage or stockpiling must comply with outdoor storage and outdoor stockpile provisions set forth elsewhere in this chapter.
(2)
Except as provided herein in subsections below, outside display and sales of goods, material, and merchandise offered for sale shall not occupy any public right-of-way (including public sidewalk areas), required setbacks, buffer yards, nor required parking and loading areas. In no case shall the location of such outside display and sales areas occur within any area used for pedestrian or vehicular circulation, parking or loading, or emergency vehicle access (e.g., fire lanes).
(3)
The location of the outside display and sales shall not interfere with or otherwise obstruct pedestrian and vehicular traffic:
(4)
No outside display and sales shall occur on areas with a slope in excess of 15% or within any area designated as the floodway as provided for in Chapter 112, relating to floodplain management.
(5)
Outside display and sales areas shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface.
(6)
Outside display and sales areas shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
L.
Railroad spurs (branch lines). Railroad spurs (branch lines) for permitted uses are permitted subject to the following criteria:
(1)
The subject property shall abut and have direct access to main or trunk rail line.
(2)
There shall be no setback requirement where a property abuts a main or trunk rail line.
(3)
The railroad spur, and all related rail outdoor loading/unloading shall not be located or oriented directly toward any property in the residential zones (R-1 and R-2) or existing residential use.
M.
Roadside stand. Roadside stands are permitted subject to the following criteria:
(1)
There shall not be more than one roadside stand permitted per lot.
(2)
The sale of products shall be conducted from a portable roadside stand.
(a)
Roadside stands may be located in any required front yard area, provided they are at least 30 feet from any street right-of-way and any lot line and at least 50 feet from any side or rear lot line:
[1]
Portable roadside stands shall be dismantled at the end of the harvesting season;
[2]
All portable structures and signage used as part of the roadside stand operation shall be moved to an area to the side or rear of the principal structure and appropriately screened from view; and
[3]
Otherwise a permanent roadside stand structure shall be permitted under the following conditions:
[a]
The permanent roadside stand structure shall be located at least 50 feet from the street right-of-way line;
[4]
The maximum floor area of the structure used as a roadside stand shall not exceed 300 square feet.
(3)
In addition to the required parking spaces, beyond those required for the permitted principal use, roadside stand parking shall be provided on the lot in accordance with § 204-35 of this chapter.
N.
Rural occupations. Rural occupation uses are permitted subject to the following criteria:
(1)
For the purposes of this section, rural occupations may involve any one of a wide range of uses, so long as there is no more than one rural occupation per lot, and it remains secondary and clearly incidental to and compatible with the single-family detached dwelling on a lot of least five acres.
(2)
No more than four nonresidents shall be employed by the rural occupation, and at least one owner of the rural occupation must be engaged in the rural occupation.
(3)
Activities associated with the rural occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the lot line.
(4)
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation and other performance standards in accordance with this chapter.
(5)
The rural occupation shall not be conducted in a manner that its noise exceeds at the lot line the ambient noise level of the applicable time of day.
(6)
Except as otherwise provided herein this subsection, all activities associated with the rural occupation shall take place in one completely enclosed building. Where practicable, the rural occupation shall be conducted within an existing agricultural, farm, or other accessory building:
(a)
However, any new building constructed for use by the rural occupation shall be located to the rear (behind) of the single-family detached dwelling, and must be no less than 100 feet from any adjoining roads or properties.
(b)
Any new building constructed for use by the rural occupation shall be of a design so that it is compatible with the surrounding buildings and can be readily converted to another permitted use, or removed, if the rural occupation is discontinued.
(7)
The sales of goods or merchandise may occur on the premises, limited to those goods or merchandise that are produced on the premises, or are customarily incidental to the business use and directly related thereto.
(8)
No manufacturing, repairing, or other mechanical work shall be performed in any outdoor area. Such activity shall be conducted within a completely enclosed building in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the lot line.
(9)
All parking, loading, and outdoor storage areas shall be screened from adjoining roads and properties:
(10)
No part of a rural occupation shall be located within 75 feet of any side or rear lot line, nor 150 feet from an abutting property in the residential zones (R-1 or R-2 Zones) or existing residential use.
(11)
The rural occupation shall occupy no more than 2,000 square feet of gross floor area, nor more than the building footprint (coverage or area) of the single-family detached dwelling, nor more than one acre of lot area. However, any driveway serving the rural occupation and the single-family detached dwelling shall not be calculated as land serving the rural occupation.
(12)
No more than 50% of the land devoted to a rural occupation shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces.
(13)
Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street right-of-way that serves the single-family detached dwelling. No additional roadway connection shall be permitted for the rural occupation.
(14)
Drive throughs shall be prohibited.
(16)
Proof of tax identification number shall be provided and placed on the zoning permit.
§ 204-51 Temporary uses.
A.
Temporary farm employee housing. Temporary farm employee housing is permitted subject to the following criteria:
(1)
For the purposes of this section, active agricultural operations and/or farm uses of at least 10 acres shall be permitted one additional dwelling unit to house farm workers (and their families) who are employed by the owner of the agricultural operation and/or farm, for such time as the employee works the land of the owner.
(2)
The dwelling unit shall be located within the rear yard of the principal farm dwelling and shall further comply with all setback requirements imposed upon single-family detached dwellings.
(3)
The dwelling unit shall be occupied at least 120 days a year by at least one person who is employed on the farm where the dwelling unit is located. If this condition is not satisfied, the dwelling unit shall be removed within 120 days.
(4)
Upon the proper installation of the dwelling unit, the Zoning Officer shall issue a temporary use and occupancy permit. Such permit shall be reviewed every 12 months until such time as it is required to be removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary use and occupancy permit. Such fee shall be based upon the cost of the annual review of the permit.