The applicant will reduce significant adverse impacts on existing uses to the maximum extent feasible, including, but not limited to, adopting measures addressing illumination/glare, noise, hours of operation, loitering, litter control, and other similar characteristics.

The use can be accommodated on the site consistent with all dimensional, site development, design, grading/drainage, performance, and other standards for the district in which it will be located, with no variances required.

Where the use will generate more than 50 average daily p.m. peak hour vehicle trips, the use shall not cause a deterioration of more than one level from existing levels of service (LOS) at intersections and roads within 1/2 mile of the proposed use, as documented by a traffic impact study submitted in support of the application.

The use provides adequate off-street parking on the same property as the use, in compliance with standards set forth in § 190-623 of this chapter.

At a minimum, areas of the property not covered by buildings or paved are landscaped and maintained pursuant to the standards and requirements set forth in § 190-630 of this chapter.

Unless addressed in the specific criteria and standards set forth herein, buffer yards are provided pursuant to the standards and requirements for buffer yards as set forth in § 190-630 of this chapter.

Primary access points to the property shall be located as far as possible from road or street intersections and adequate sight distances for the posted speed limits shall be met.

A written statement supporting the general criteria outlined in this article and describing in detail the proposed use;

An accurately scaled illustrative site plan showing the arrangement of the proposed use on the site, including property lines, uses on adjacent properties, abutting streets, buildings existing and proposed on the site by use and height, points of access into the site, internal driveways, parking area layout with number of spaces noted, signs to remain or proposed, areas of earthmoving with proposed grade of finished slopes noted, method of collecting and disposing of stormwater, proposed landscaping and other pertinent information to illustrate the proposal.

Minimum lot area required shall be 25,000 square feet.

The property shall have frontage on and direct vehicular access to an arterial or collector street.

The use shall comply with Ordinance No. 717 of Penn Township, Chapter 135 of the Code of Penn Township.

No oscillating or flashing lights shall be permitted on the lot or any of the structures or poles on the lot or on any other portion of the lot used for the adult-oriented business.

All property boundaries shall be screened as required by § 190-630 of this chapter.

The applicant shall demonstrate that the granting of the proposed use shall not negatively affect the levels-of-service at intersections within 2,640 linear feet of the property boundaries.

Ingress, egress and internal traffic circulation on the site shall be designed to ensure safety and minimize congestion.

No adult-oriented business shall be open for business before 9:00 a.m., Monday through Saturday, or after 12:00 midnight, Monday through Saturday. Adult-oriented businesses shall be closed at all times on Sundays and legal holidays.

All operations shall be conducted within an enclosed building and doors and windows shall remain closed during hours of normal operation.

The use shall be subject to the performance standards of § 190-635 of the Code of Penn Township.

The adult-oriented business shall show strict compliance with § 190-503, Subsection A, regarding location and use regulations, of this chapter.

Purpose and intent: It is the purpose of this section to regulate adult-oriented businesses to promote and preserve the health, safety and general welfare of the citizens of the Township and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of adult-oriented businesses within the Township. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to adult-oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.

Classification: Adult-oriented businesses are classified as follows:

Location and use regulation:

Any adult-oriented business lawfully operating on the date of enactment of this article that is in violation of Subsection B through D of this section shall be deemed a legal nonconforming use. Such legal nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more adult-oriented businesses are within 5,000 feet of one another and otherwise in a permissible location, the adult-oriented business which was first established and continually operating at a particular location is the legal nonconforming use, and the later-established business is nonconforming.

An adult-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult-oriented business permit, of a church, public or private pre-elementary, elementary or secondary school, public library, child-care facility, child-oriented business, nursery school or public park within 1,500 feet of the adult-oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.

Exemptions: It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:

The applicant shall comply with all applicable commonwealth acts listed in the Pennsylvania MPC Article VI, Section 603, Subsection (b), and federal regulations, as amended, and shall show evidence of obtaining the required commonwealth or federal permits before initiating any work and of maintaining the required permits throughout the duration of all surface mining operations. Any suspension or revocation of the required commonwealth or federal permits shall constitute a violation of zoning approval and shall result in the suspension or revocation of conditional use approval and/or enforcement of the penalty provisions of this chapter.

No surface mining operation shall be conducted within 300 feet from the edge of a well site to a USGS "solid blue lined" stream or waterbody.

No surface mining operation shall be conducted within 300 feet of any existing public building, school, church, institutional, commercial or residential building.

No surface mining operation shall be conducted within 500 feet of a private water well.

No surface mining operation shall be conducted within 300 feet of a wetlands area in excess of one acre (43,560 square feet).

No surface mining operation shall be conducted 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.

No surface mining operation shall be conducted within 300 feet of any occupied dwelling, except as provided for in Section 3215, Act 13 of 2012[1] unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for zoning approval.

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

The applicant shall demonstrate that the proposed surface mining or drilling operation shall not adversely affect any flood-prone or landslide-prone areas within the Township.

The applicant shall demonstrate that the granting of the proposed conditional use shall not negatively affect levels of service at intersections on adjacent roads and highways within 2,640 linear feet of the site boundary.

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 demonstrate compliance with all of the performance standards specified in § 190-635 of this chapter.

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 surface mining operation to minimize the impact on local roads within the Township.

Portions of the site boundaries where surface mining operations are conducted 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 surface mining 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 surface mining operation. Upon expiration or revocation of conditional use approval for the use, the applicant shall reapply for approval.

Submittal information required in the Penn Township Subdivision and Land Development Ordinance[2] for this use shall be provided for review and comment.

The minimum site required shall be 10 acres.

All property boundaries shall be screened as required by § 190-630 of this chapter.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles.

The applicant shall demonstrate through the preparation of a traffic impact analysis that the granting of the proposed use shall not negatively impact levels of service on adjacent roads and highways within 2,640 linear feet of the site boundaries.

Developments which include swimming pools shall comply with the provisions of § 190-618 of this chapter.

Uses of the same general character as any of the uses authorized as permitted uses, conditional uses in a specific zoning district may be authorized if it is determined that the impact of the proposed use on the environment and the adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Planning Commission and Board of Commissioners shall consider the following characteristics of the proposed use:

Minimum lot area required shall be five acres.

No business activities other than rental of storage units or exterior vehicle storage in designated parking areas shall be permitted.

On-site parking shall be provided at a ratio of one space for each 15 storage units.

Such signs shall not be erected within 500 feet of a residential district boundary line.

Minimum separation between such signs shall be 1,000 linear feet measured from the closest vertical edge.

Minimum setbacks established for the zoning district shall apply.

Such signs shall have a maximum surface area of 250 square feet per sign face and shall have a maximum height of 40 feet measured from the existing ground level.

The applicant for erection of such sign shall provide a certificate of insurance for public liability and property damage which holds the Township harmless.

Access shall be from a collector or arterial right-of-way.

Separate access for emergency vehicles shall be provided.

A pedestrian circulation plan from parking areas to facility entrances shall be provided.

Buffer yards and screening shall be consistent with the provisions of § 190-630 of this chapter and Article V of the Penn Township Subdivision and Land Development Ordinance.[4]

Age-restricted communities shall comply with all the performance standards for residential uses contained in the Penn Township Zoning Ordinance and the Penn Township Subdivision and Land Development Ordinance unless specifically exempted by this section.

The minimum lot area for the entire age-restricted community shall be 100 acres.

Each structure shall maintain minimum spacing of 15 feet from any another structure and a minimum setback of 12 feet from any right-of-way. The following may encroach upon the minimum separation area by no more than three feet: bay windows, fireplaces, airconditioning units, roof overhangs and eves.

The total number of units on the lot may not exceed the total number of lots permitted in the underlying zone.

Notwithstanding the limitations set forth in § 156-21A of the Subdivision and Land Development Ordinance, no block within an age-restricted community shall be longer than 2,100 feet nor less than 500 feet.

Notwithstanding the limitations set forth in § 156-34.1 of the Subdivision and Land Development Ordinance, any age-restricted community providing private recreation facilities accessible to all residents within the community and their guest and invitees, which may include an indoor community center, a swimming pool or spa, or an accessory outdoor recreation area, shall be deemed to satisfy the requirement that 25% of the open and recreational space be suitable for active recreational use. If such private recreation facilities are provided, all requirements and standards for active recreational use shall be inapplicable to the age-restricted community.

The applicant shall submit the following information to the Board of Commissioners of the Township of Penn as part of the conditional use process: