The maximization of the public health, safety, morals, and welfare through adequate buffering and building location recognizing the need to adequately provide for a certain use or class of uses.

The safety and requirements of the clients, residents, or patrons of a potential use through the design of internal pedestrian and vehicular circulation, site ingress and egress, general manner of operation, signage, lighting, and related improvements.

The site design of the proposed use shall promote the least intrusive options in regards to signage, vehicular circulation, deliveries, and hours of operation as possible while accommodating the basic requirements of the use's regular business operations.

The overall costs versus the benefits in regards to public services, tax revenues, and benefits to the Planning Area's residents as related to reasonable site design or associated modifications provided by the applicant.

The applicant shall submit the following items, including required filing fees, which shall be required in order to constitute a complete application.

Where new structures, parking, or landscaping are required or proposed, the applicant shall submit a mylar and sufficient copies of a plan on twenty-four-inch-by-thirty-six-inch-sized paper at a scale necessary to show all required details. Said plan shall be drawn by a registered surveyor and shall include all details necessary to demonstrate and evaluate compliance with the Zoning Ordinance and the standards and criteria specified in this article.

Where new structures are proposed, building elevations showing building facade treatments.

Conditional uses defined under §§ 300-803 and 300-804 shall submit a community impact analysis consisting of the following information.

Conditional uses applications for planned residential and traditional neighborhood developments may be submitted simultaneously with the tentative approval application, wherein the conditional use shall be reviewed based on materials submitted with the tentative application proposal. Where no proposal is submitted, the applicant shall submit drawings sufficient to demonstrate compliance with the standards outlined in the respective sections of this article. Such drawings and materials include, but are not limited to, approximate number and type of units and uses proposed, existing topography on five-foot intervals, the street network and cartway locations within 500 feet of the site.

A complete application shall be submitted to the Zoning Officer at least 21 days prior to the next regularly scheduled monthly Planning Commission or Joint Planning Commission meeting.

Filing fees and required copies of applications shall be determined by local governing body resolution or ordinance.

All conditional uses relating to developments of regional significance and impact shall be forwarded to the Planning Commission for recommendation at least 30 days prior to the public hearing before the governing body. The Planning Commission may hold a public hearing on the matter. The Zoning Officer shall also submit the application to the local Planning Commission for their consideration. The local Planning Commission may discuss the matter at a public meeting and may provide a recommendation to the governing body.

The governing body shall hold a public hearing per public notice within 60 days of the filing of a complete application. Where a hearing officer has been designated, the officer shall preside over the hearing.

A decision and accompanying findings of fact shall be issued within 45 days after the conclusion of the aforesaid hearing. The governing body or hearing officer may attach conditions to any approval that either finds are necessary to permit the conditional use in a manner consistent with this chapter and this article in particular. A condition of approval shall include the receipt of the applicant's signature, indicating acceptance of the findings of fact and conditions, if any, within 30 days of approval, wherein the failure of the applicant to submit the aforesaid acceptance shall be deemed a denial of the conditional use. A copy of the decision shall be filed at the governing body's office. The decision shall be mailed to the applicant no later than one day following the date of the decision.

Where the governing body fails to render the decision within 45 days of the conclusion of the required public hearing or fails to commence the required hearing within 60 days from the date of the applicant's request for a hearing or fails to complete the hearing in accordance with Section 908 (1.2) of the Municipalities Planning Code,[1] the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the governing body shall fail to provide such notice, the applicant may do so.

Adult uses shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed adult use. Said distance shall be measured from the lot line on which the preceding uses and facilities are situated.

Principal structures housing the adult use shall be set back a minimum of 200 feet from the lot line of any property bearing a residential zoning classification.

The hours of adult uses may be restricted to 8:00 a.m. through 10:00 p.m. Restricted hours, if required as a condition of approval, shall be based upon findings of fact and factors relating to the location of the proposed facility with other businesses, residential areas, and public uses, and shall not be restricted more than the maximum stated herein.

Application requirements. Applicants shall submit a plan prepared by a registered surveyor at a scale of at least one inch equals one foot showing the general design of the site including building location, ingress and egress, parking, and locations of entrances. Applicants shall submit a narrative detailing the nature of the business proposed and anticipated hours of operation. Applicants shall submit a community impact statement as outlined in this article.

Psychiatric and drug abuse facilities shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship within the Planning Area established prior to the proposed treatment facility. Said distance shall be measured from the lot line on which the preceding uses and facilities are situated.

Said facilities shall demonstrate compliance with all applicable state regulations as instituted by the Department of Health and the Department of Public Welfare.

Said uses shall be set back at least 50 feet from any lot line.

Applicants shall submit a plan prepared by a registered surveyor at a scale of at least one inch equals 50 feet showing the general design of the site including building location, ingress and egress, parking, and locations of entrances. Applicants shall submit a narrative detailing the nature of the business and its consistency with applicable state requirements. Applicants shall submit a community impact statement as outlined in this article.

Personnel licensed by the Pennsylvania Department of Health shall man such uses during all hours of operation.

Planned equipment would exceed the structural capacity of existing communications towers considering existing and planned use of those communications towers, and existing communications towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost;

Planned equipment will cause radio frequency (RF) interference with other existing or planned equipment for that communications tower, and the interference cannot be prevented at a reasonable cost;

Existing or approved communications towers do not have the space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned; or

Other reasons make it impractical to place the equipment planned by the applicant on existing and approved communications towers.

The applicant shall also include a plan to indicate feasibility of locating additional communications antennas on the proposed communications tower.

Where a communications tower is proposed, the applicant shall similarly demonstrate the exhaustion or ineffectiveness of other options as well as the need for the tower proposed.

No tower permitted shall exceed 199 feet in height.

Towers shall be set back one foot for every 1 1/2 feet of the height of the tower or within the district setbacks which would otherwise apply to other principal structures, whichever is greater.

A solid fencing surrounded by low-level landscaping shall screen all other associated structures or equipment. Said structures shall comply with all standards applying to principal structures within the district in which said structures are placed.

No tower shall be located closer than one mile to any other existing tower. In cases of telecommunications, the applicant shall demonstrate that a significant gap exists in the nationwide cellular network, thus necessitating the erection of an additional tower.

Where new construction is proposed, neighborhood public and semipublic uses shall be limited to a building footprint twice the size of the specified minimum building footprint, per the number of stories proposed.

While permitting handicap parking and forms of parking or drop-off necessary to the regular functioning of the use, required parking shall be located in the side or rear yards of the use, unless the character of an existing property does not permit such an arrangement.

All impervious surfaces shall be set back at least five feet from any property line.

Any parking lot which directly faces an abutting property containing a principal residential use or which faces a street shall provide a continuous screen of low-level landscaping such that the headlights of vehicles are not visible through said screening when screening has grown to maturity.

The hours of neighborhood public and semipublic uses may be restricted to 7:00 a.m. through 10:00 p.m. Restricted hours, if required as a condition of approval, shall be based upon findings of fact and factors relating to the location of the proposed facility with other businesses, residential areas, and public uses, and shall not be restricted more than the maximum stated herein.

It is the intent of the Planning Area to provide for an adequate range and amount of recreational and community facilities. The remaining provisions of this article notwithstanding, said facilities may consist of a combination of the following uses as principal or accessory uses.

Any structure housing these facilities shall be located at least 50 feet from the bounding property lines of all commonly owned properties which constitute a park and zoned Neighborhood Park. Likewise, impervious surface area for parking and access to said facilities shall be located no closer than 20 feet to said lines.

Any parking lot or outside storage area which directly faces an abutting property containing a principal residential use or which faces a street shall provide a continuous screen of low-level landscaping such that the headlights of vehicles are not visible through said screening when screening has grown to maturity.

The maximum height of any approved structure shall be two stories or 35 feet.

The maximum building footprint of any approved structure shall be 25,000 square feet.

The maximum building coverage of structures approved to house community center activities in addition to all other structures located within the bounding property lines of all commonly owned properties which constitute a park and are zoned Neighborhood Park shall not exceed 20% of said area. Where said area consists of multiple parcels, covenants shall be recorded stating that either no further building shall take place or no coverage beyond a percent determined by this section and governing body shall be constructed. Also, a condition of approval may, if necessary, include limits on further building and zoning permits issued by the municipality.

Approvals of conditional uses shall include the condition that any change of use of approved facilities shall require subsequent conditional approvals.

The applicant shall submit a parking plan, to be evaluated in accordance with the parking standards of this chapter, a general site plan showing the area of the buildings, proposed landscaping where required by the local subdivision ordinance, and building elevations showing general schematics and facade materials, and all other requirements.

Approval and findings of fact of the preceding uses and structures shall be based on the following:

The applicant shall submit scaled drawings, sealed by a Pennsylvania licensed surveyor, depicting the location of the proposed structure, the subject right-of-way and cartway, and the location of existing structures sufficient to demonstrate compliance with the criteria listed herein as they relate to the applicant's request.

The applicant shall submit general information in terms of the height of the proposed structure.

Approval and findings of fact shall be based on the following:

The drive-through facility shall comply with all standards cited in Article VIII of this chapter.

Minimum lot frontage shall be 150 feet.

Minimum lot size shall be 20,000 square feet.

The drive-through facility shall contain appropriate buffering in the form of landscaping or decorative fencing designed to block the effects of headlights and noise generated by associated vehicle operation.

The facility shall comply with all standards listed in this chapter.

The use shall be conducted on a minimum three-acre lot or parcel.

Principal structures shall be set back a minimum of 200 feet from side and rear property lines.

Any storage or display of materials within 100 feet of any property line or in front of the principal structure shall be screened by an opaque fence such that the materials stored are not visible more than five feet above said fence. Said fences shall be set back a minimum of 20 feet from any property line and shall be classified as a principal structure subject to those requirements as specified in § 300-907, Yard and buffering standards.

The use shall meet all performance standards applicable, including but not limited to noise, lighting, and parking.

No parking of construction equipment, commercial vehicles, loading, or storage of materials shall be conducted in the front yard of the facility.

A continuous hedgerow or screening of low-level plantings shall be installed around the perimeter of any parking, sales, or storage lot facing a street, access drive, or side lot line.

The area of impervious surface covered by access drives, loading areas, parking, storage, and sales lots shall be limited to twice that of the gross square footage of the principal structure or structures housing the use or establishment.

The building shall be reasonably necessary for the satisfactory provision of services by the utility to the neighborhood or area in which the particular use is to be located.

The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the enjoyment of property rights in the zoning district in which it is located.

The applicant shall demonstrate adequate screening through fencing, landscaping, or a combination thereof.

The proposed site shall contain a minimum of 75,000 square feet of contiguous parcels or parcels directly fronting an existing street or right-of-way in a parallel manner.

The site shall be located in proximity to an existing street network so that the site may be integrated into the adjoining network by at least two access points.

Each phase of any such development shall contain a minimum of 30,000 square feet.

Each tentative TND or phase thereof shall include at least eight mobile homes.

The proposed site shall be comprised of contiguous parcels or parcels.

Where mobile home lots front an existing street, the governing body may require the following based upon the location of the site and its subsequent impact on adjoining neighborhoods of differing character and housing type in order to protect the market values and existing neighborhood character:

The minimum site area shall consist of 10 contiguous acres.

While planned residential development is intended to provide for the preservation of steep slopes and wooded hillsides, the site shall demonstrate a reasonable feasibility to construct the units proposed.

Each phase proposed shall include at least 25% of dwelling units approved.

The minimum site area shall consist of 10 contiguous acres. A minimum of three contiguous acres within the site shall bear an absence of steep slopes.

Each phase shall contain a minimum of three acres, excluding open space required or approved.

A copy of all site plan information that will be required by the state DEP shall also be submitted as part of the zoning application.

A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer.

After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.

A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation. This yard shall include an earth berm with a minimum average height of six feet and an average of one high-level planting for each 50 feet of distance along the lot lines.

The area of excavation shall be set back from the exterior property lines of the parcel or parcels involved by a minimum of 100 feet, including 100 feet from any street.

Reasonable standards encouraging compliance with § 300-401, Use performance standards, shall be imposed, including but not limited to hours of operation and points of primary access.

Bonding of all local roads within the Planning Area shall be a condition precedent to the commencement of operations on the site.

Application requirements.

The preceding items in Subsection A(1) through (5), along with the required fee, shall constitute the minimum required to consider the request for conditional use complete.

The applicant shall meet all current minimum driveway site distance standards and shall demonstrate that the point of access to any municipal street will not cause the erosion of mud or debris onto said street.

Bonding of all local roads within the Planning Area shall be a condition precedent to the commencement of operations on the site.

Noise limits shall, to the furthest extent practical in terms of well drilling, and in terms of compressor use, both short and long term, comply with the performance standards outlined under § 300-401.

No gas well shall be located within 300 feet of any existing public building, school, church, institutional, commercial or residential building.

No gas well shall be located within 500 feet of a private water well.

No gas well shall be located which will adversely affect any publicly owned park or places included in the National Register of Historic Sites unless approved by the governmental agency with jurisdiction over the park or historic site.

The applicant shall demonstrate, through compliance with applicable commonwealth regulations, that the proposed gas well shall not be located within 1,000 feet of any public water supply source, reservoir or surface water extraction intake point.

The applicant shall demonstrate that the proposed gas well shall not adversely affect any flood-prone or landslide-prone areas within the Township.

The applicant shall demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures and shall not substantially diminish underground water resources through compliance with applicable commonwealth regulations.

When blasting is performed, the activity shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

The applicant shall identify the proposed routes of all trucks to be utilized for hauling material and the estimated number of trips and weights of those trucks. The applicant shall comply with designated weight limits on Township roads and shall design the hauling routes for the gas well to minimize the impact on local roads within the Township.

Portions of the site boundaries where gas wells are located may be required by the Township Commissioners to be fenced or screened, as necessary, to provide security and protect adjacent properties.

Upon approval of an application for conditional use approval and prior to commencing operations, the applicant shall submit an escrow deposit to the Township in an amount established by the Board upon the recommendation of the Township Engineer. The escrow deposit shall be maintained throughout the duration of the gas well operation and shall be used to cover all costs to the Township for engineering, consultant, legal and inspection fees and other miscellaneous costs.

Approval shall expire if work authorized in the application for conditional use approval is not commenced within 90 days of the date of the Board's approval of the application unless the applicant submits a written request for an extension to the Board prior to the expiration of the 90 days explaining the reasons for the delay in initiating the work and the Board approves the request.

Once work is initiated under an approved application, zoning approval shall be valid for a period of one year from the date of approval by the Board. An application for renewal of zoning approval shall be submitted at least 90 days prior to the date of expiration of zoning approval and can be granted by the Zoning Officer upon demonstration by the applicant that all conditions of the approval and the required federal and commonwealth permits remain in full force and effect and that the applicant is diligently pursuing the completion of the gas well. Upon expiration or revocation of conditional use approval for the use, the applicant shall reapply for approval.

Principal structures containing more than 8,000 square feet of gross floor area shall be set back at least 100 feet from the side and rear property lines.

Parking and access drives shall be set back a minimum of 50 feet from side and rear lot lines.

Accessory structures greater than 2,000 square feet of gross floor area shall be set back a minimum of 50 feet from side and rear lot lines.

Sufficient mounding and landscaping shall be installed to ensure the shielding of glare and general vehicular traffic.

Parking shall be located within the distances specified elsewhere in this chapter.

All establishments utilizing the parking area shall demonstrate the right to perpetually utilize said area through the recordation of easements or covenants that guarantee access. Leases may be accepted provided that the applicant can demonstrate the feasibility of parking alternatives upon lease expiration. The occupancy of the respective establishment, in such an instance, shall be conditioned upon the availability of said parking wherein the applicant shall sign a statement of understanding verifying said condition.

The timing and character of establishment usage shall provide for the proper amount of spaces per establishment utilizing the parking at any time of day. The occupancy of the respective establishment, in such an instance, shall be conditioned upon the operating hours or range of hours presented wherein the applicant shall sign a statement of understanding verifying said condition.

Proper signage and pedestrian safety designations and amenities, including sidewalks, shall provide for safe access from each establishment to the parking area.

Similar uses not specified as otherwise defined in this chapter shall be evaluated in accordance with the general standards set forth in this article.

Said uses shall conform to the general character and purpose of the district in which they are proposed as well as the character of those uses otherwise authorized therein.

Said uses shall be determined as similar to uses otherwise permitted within the zoning district in which the use is proposed where:

Said uses shall be situated such that their proximity to abutting uses; especially dwellings, churches, and schools, does not compromise the safety and expected use and quiet enjoyment of their occupants, visitors, members, or students.

Normal agricultural operations shall take place on parcels of 10 acres or greater, wherein operations on smaller parcels shall be considered a nuisance given the general topography of the Planning Area which would effectively limit the operation to a concentrated area of the property.

Boarding of horses shall be limited to one horse per every three acres of the parcel.

All principal structures shall be set back a minimum of 100 feet from any property line.

Greenhouses totaling not more than 5,000 square feet shall be permitted as accessory retail, where 80% of gross sales are derived from the sales of produce grown on site.

All patron parking shall comply with the provision of § 300-907, Yard and buffering standards.