Robinson Township Washington County
City Zoning Code
City Zoning Code
ARTICLE III
Supplemental Regulations
§ 420-300 Criteria, process and performance standards.
A.
Procedure for approval.
(1)
Approval of conditional uses. The Board of Supervisors shall hear and decide requests for conditional uses; however, the Board of Supervisors shall not approve a conditional use application unless and until:
(a)
A written application for conditional use approval is submitted to the Zoning Officer one week prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:
[1]
Where warranted by the characteristics of the proposed use, the Township may require a current property plan or drawing indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with applicable requirements of this chapter.
[2]
A written statement showing compliance with the applicable general standards and criteria of the chapter for the proposed use.
[3]
The application fee required to be paid.
(b)
A written recommendation is received from the Planning Commission or 30 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.
(c)
At least one copy of the public notice shall be posted on the affected property at least seven days prior to the date that the public hearing is commenced by the Board of Supervisors.
(d)
A public hearing is commenced by the Board of Supervisors pursuant to the public notice and said hearing is scheduled no more than 60 days following the date of submission of a complete and properly filed application, unless the applicant has agreed, in writing, to an extension of time.
(e)
Each subsequent hearing before the Board of Supervisors shall be held within 45 days of the prior hearing, unless otherwise agreed by the applicant, in writing or on the record.
(f)
The Board of Supervisors shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
(g)
Where the Board of Supervisors fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearing as specified in Subsection A(1)(d) and (e) above, the decision shall be deemed to have rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time. The Board of Supervisors shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If the Board of Supervisors shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(h)
If land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by Chapter 380, Subdivision and Land Development, may be processed concurrently, provided that all application requirements of both ordinances for a conditional use and a land development plan are met.
(2)
Expiration of conditional use approval. Conditional use approval shall expire automatically, without written notice to an the applicant, if no application for a land development plan, a grading permit, a building permit or certificate of occupancy to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Supervisors, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
(3)
Approval of uses by special exception. Special exceptions may be permitted by the Zoning Hearing Board, consistent with the provisions of the Pennsylvania Municipalities Planning Code, as amended,[2] pursuant to standards and criteria set forth in this chapter. The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:
(a)
A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:
[1]
A plan or drawing, if necessary, indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.
[2]
A written statement showing compliance with this chapter for the proposed use.
[3]
It is in general conformity with the Comprehensive Plan for Robinson Township.
[4]
Evidence of property ownership or tenant with permission of landowner as required by the MPC.
[5]
The developer shall submit drawings to the Board indicating the boundaries of the property, location of adjacent streets, the location and height of proposed buildings on the property with dimensions from property lines, access to the property and the location and number of proposed parking spaces.
(b)
The Board shall make findings of fact and state its reasons for granting or denying the special exception. The Board shall have the authority to require and approve specific plans.
(c)
At least one copy of the public notice shall be posted on the affected property at least one week prior to the public hearing.
(d)
A public hearing pursuant to public notice, as defined herein, is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with procedures specified by Article VII of this chapter.
(e)
If land development approval is required for the use by special exception, the application for approval of a land development required by Chapter 380, Subdivision and Land Development, shall be submitted to the Township Planning Commission following approval of the use by special exception by the Zoning Hearing Board.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
Expiration of special exception use approval. Special exception use approval shall expire automatically, without written notice to an the applicant, if no application for a land development plan, a grading permit, a building permit or certificate of occupancy to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Supervisors, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
B.
Process. Applications for conditional uses or special exceptions shall be made to the Township office. Conditional uses shall be granted or denied by the Board of Township Supervisors after the recommendation of the Township Planning Commission. Special exceptions shall be granted or denied by the Zoning Hearing Board. Procedures shall follow those specified in this chapter and the Pennsylvania Municipalities Planning Code.[3] The Zoning Officer shall review all applications for conditional uses or special exceptions to determine that they are complete and correct. Upon such determination, a public hearing shall be scheduled within any time limit established by the Pennsylvania Municipalities Planning Code, unless the applicant has agreed, in writing, to a time extension.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Overall performance standards for specified uses.
(1)
In addition to the specific standards and criteria listed for each use listed, all applications for conditional uses and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
(a)
The use is permitted as a conditional use or special exception, as defined under the terms of this chapter.
(b)
The specific criteria, if any, for the following use by conditional use or special exception as applicable, will be met.
(c)
The use shall not endanger the public health, safety or welfare nor deteriorate the environment as a result of being located on the property where it is proposed.
(e)
If the proposed use should need supplementary or additional public facilities and services such as highways, fire protection, drainage systems, refuse disposal, water supply and sewage disposal, the persons or agencies responsible for the establishment of the proposed use may have to demonstrate their need to provide such.
(f)
Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets.
(2)
Where the applicant meets all applicable standards both for a conditional use and relevant performance standards, including but not limited to parking, lot area, and setbacks, it will be granted. In granting a conditional use or special exception, the Board of Township Supervisors or Zoning Hearing Board, as applicable, may also add reasonable additional conditions and safeguards beyond the specific criteria for each conditional use. The purpose of such additional conditions and safeguards is to further mitigate negative impacts of a development upon specific sites and make the use more compatible with the surrounding zoning district. Such reasonable additional conditions and safeguards may include, but are not limited to:
(a)
Establishment of screening and buffering or an increase in screening and buffering normally required.
(b)
Limitations upon hours of operation.
(c)
Establishment of fencing for purposes of security, limiting vehicular access, or control of windblown trash.
(d)
Limits upon future subdivision of property to prevent the creation of a lot too small for the approved conditional use.
(e)
Changes in the location or design of access drives or parking areas to prevent traffic hazards, congestion, or the impacts of increased traffic upon local access and residential streets.
(3)
The developer will be notified, in writing, of any such reasonable additional conditions and safeguards imposed by the Board as part of any approval.
§ 420-301 Cemeteries.
The purpose of cemeteries, under this chapter, is to provide a proper burial ground for persons.
A.
Connections to existing Township streets will be no closer than 50 feet to a street intersection, 15 feet to a fire hydrant, 30 feet to a driveway on the same side of the street and shall avoid streets or driveways opposite proposed means of ingress and egress.
B.
The cemetery shall comply with all applicable federal, state, county and Township laws, statutes, ordinances, resolutions and regulations.
C.
All new facilities shall have a size of at least 1/2 acre and shall include a deeded right-of-way connecting the burial ground to a public road.
§ 420-302 Private clubs.
Private clubs shall be subject to the following:
A.
Any establishment that includes a restaurant or tavern shall be subject to the off-street parking requirements of § 420-406 for the portion of the building devoted to the restaurant or tavern use, in addition to the parking required for the private club.
B.
Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.
C.
Activities on the site and within the building shall comply with the noise standards specified in § 420-407B(5) of this chapter.
§ 420-303 Commercial recreation.
Commercial recreation is divided into three subtypes. See Article VI for subtype definitions.
A.
Outdoor uses shall:
(1)
Have a lot of not less than six acres in size.
(2)
Outdoor speakers may be employed for musical performances between the hours of 7:00 a.m. to 11:00 p.m. Outdoor speakers may also be employed for outdoor recreation and outdoor recreation events/uses between the hours of 7:00 a.m. to 10:30 p.m. during weekdays and 7:00 a.m. to 11:00 p.m. on weekends.
C.
Intensive uses shall:
(1)
Maintain a lot of at least 100 acres for commercial hunting operations and 50 acres for all other intensive uses.
(2)
No enclosure for commercial hunting shall be erected within 450 feet of a residence, any agricultural building used to house livestock, a school, day-care facility, or playground associated with a school. Other intensive commercial recreation uses shall add 200 feet to all required setback areas to create a buffer zone where no intensive activities may occur.
(3)
No intensive use shall directly abut a residential district or an existing planned residential development (as defined by this chapter).
(4)
Commercial shooting ranges illustrate that the design and direction of all firing lanes shall not present a danger to public health and safety. The developer shall show adherence to best design practices, such as the National Rifle Association's NRA Range Source Book, to ensure safety. Other intensive uses shall present a plan to minimize any noise created by activities through buffering, acoustic engineering or topography.
§ 420-304 Recreational campgrounds.
Such uses are commercial in nature, normally seasonal, but do have a high impact potential. They are also regulated by Chapter 380, Subdivision and Land Development, of the Township of Robinson, and must comply with all provisions of that chapter relative to plan submittal and approval. Such uses shall:
§ 420-305 Sawmills.
No commercial saw mill on lots of less than 10 acres.
§ 420-306 Communications towers.
A.
Compliance with other regulations.
(1)
If applicable, the applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower and communication antennas. If not applicable, the Township may require evidence of any exemption.
(2)
All applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation shall be met.
(3)
All applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations shall be met.
B.
Dimensional requirements.
(1)
Towers shall be no taller than necessary to perform their intended function. The maximum height of any communications tower shall be no more than 300 feet unless preempted by airport zoning.
(2)
Communications towers may be located on a lot occupied by other principal structures, and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district it is located within, but the minimum area devoted to the communications tower shall be at least two acres.
C.
Yard and setback requirements.
(1)
The minimum dimension between the tower base and any abutting property line shall be at least the height of the tower plus 10 feet.
(2)
No two towers, existing or proposed, shall be within 3,000 feet of one another unless two or more towers are placed on the same parcel or lot. The distance between any tower base and the edge of the site is at least the height of the tower closest to the edge.
(3)
No tower shall be located within 500 feet of a residential lot with an occupied residential building unless waived by resident.
(4)
All support guy wire anchors and accessory buildings shall be located within a fenced area upon the site.
(5)
Any communications equipment building shall comply with the required yards and height requirements of applicable zoning district for an accessory structure.
D.
Shared use of a tower. Before a new tower site can be approved, the developer shall demonstrate that there is no feasible existing elevated location within 3,000 feet of the proposed site capable of supporting his/her equipment at the required height. Existing structures such as steeples, silos or water tanks may be used, as well as existing towers in lieu of a new tower. The developer shall provide letters from the owners of the elevated locations stating that they have refused the developer the use of their site.
E.
Fencing, access, landscaping, lighting, and other standards.
(1)
Pole towers will be preferred over lattice towers.
(2)
A security fence at least eight feet high shall surround the entire area around the base of the tower, any accessory buildings and guy anchors on the ground.
(3)
Access to the site, if it does not abut a public road, shall be over an easement at least 20 feet wide between road and site and shall be improved with a dust-free, all-weather surface to a width of at least 10 feet for its entire length.
(4)
Existing trees on the site shall not be removed except within the fenced area or for the access easement. An evergreen screen at least six feet high shall be planted at the base of the tower and accessory buildings to screen them from the view of nearby residences.
(5)
The tower and site shall not be lighted except as may be required by the Federal Aviation Administration.
F.
Tower design and maintenance.
(1)
The tower installation shall be designed by a registered Pennsylvania professional engineer, who shall supervise the construction at no cost to the Township, shall certify that the structure has been designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association. The structure must be capable of carrying at least twice the anticipated initial load, with a safety factor for two, and of withstanding wind and ice loads in accordance with accepted engineering practices.
(2)
The developer shall provide a schedule for regular inspection and maintenance of the tower and site and shall be responsible to mow the entire site that is not in woods or in agricultural or other active use.
G.
Submission requirements.
(1)
Even if a tower site is to be leased, a subdivision or land development plan shall be prepared to show the site, described by bearings and distances, within the property from which the site will be leased or sold.
(2)
Evidence of a lease agreement must be presented.
(3)
A site development plan, drawn to scale, shall also be prepared to show precisely the location of the tower on the site, fencing, support buildings on the ground, guy anchors, and access easement.
(5)
Once finalized, the applicant shall submit the name, address and emergency telephone number for the operator of the communications tower for the use of emergency management personnel.
(6)
The applicant shall submit a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
H.
Ultimate disposition. The developer, or current owner, shall be responsible for the removal of the tower and the returning of the site to its original condition within one calendar year after if the tower is abandoned or the equipment is no longer operational. Landscaping installed during development of the site may remain in place. Each tower owner shall inform the Township of any changes in ownership or responsibility for a tower immediately after the change occurs.
§ 420-307 Farm and home-based business.
The intent of this use is to allow for a rural business to operate in conjunction with a home or farm, but are of greater impact than home occupation. Examples may include woodworking enterprises, light repair services (such as small engine repair), and very light fabrication or assembly.
A.
The owner or occupant or family member of the home must be engaged in the business.
B.
No structure used for the business may be larger than 5,000 square feet or gross floor area.
C.
No more than 20 persons, other than individuals who reside on the property, may be employed in the business.
D.
Any building used for the business must meet minimum setback requirements for where the property is located.
§ 420-308 Mining and mineral extraction.
A.
Mining may include the excavation of earth, sand, gravel, stone, coal or other minerals by surface or deep mining methods and removal of the excavated materials from the site when such activity is not a part of an approved site development plan. An application for conditional use must be approved prior to issuance of any land development plan, stormwater management plan, or other approval.
B.
As part of the application for conditional use approval, the applicant shall submit a drawing showing:
(1)
The property on which the excavation will occur, including abutting roads, property lines and boundary on the property within which the excavating will occur, including proposed phasing of the work over the life of the project.
(2)
Contours at five-foot intervals, indicating existing contours and proposed contours at conclusion of excavation.
(3)
Solution to drainage from the site, showing means of carrying groundwater to a natural drainage way or to an approved stormwater system.
(4)
The registration seal of the engineer preparing the drawing when over five acres in area.
C.
The excavator shall comply with all applicable regulations of this chapter, including but not limited to site grading and drainage, landscaping and buffering, and environmental standards.
D.
No landfill or dumps for garbage or other refuse or commercial or industrial by-products shall be permitted, except land application as permitted by the Pennsylvania Department of Environmental Protection.
E.
The excavation project shall be operated as follows:
(1)
Primary access to the site shall be controlled at one location.
(2)
The excavator shall post the property, noting that a dangerous condition exists and warning trespassers away.
(3)
The excavator shall take care that trucks leaving the property are not overloaded. If materials from trucks are spilled upon a public road, all such materials shall be removed from the road within four hours.
(4)
Wash stations shall be installed for trucks leaving the site to enter a public road in order to ensure that no dust leaves the property.
F.
The Board of Supervisors may require a bond in favor of the Township to be posted by the excavator to cover damages that may occur to Township roads as a result of hauling materials excavated from the permitted site. The amount of the bond less any sums needed to correct damages shall be refunded to the excavator within one year after the conclusion of the operation.
G.
Within the context of any regulations established by the Pennsylvania Department of Environmental Protection and other laws, the developer shall agree to contact the Township to enable Township officials to observe final backfilling and compaction of the site following any excavation to ensure that illegal dumping does not occur and that the site shall be ultimately usable for other purposes. Within the confines of the standards for professional consultant reimbursement under the Municipalities Planning Code,[1] such inspection by the Township may be at the developer's cost.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 420-309 Specialized animal raising and care.
While the Township recognizes the importance of these endeavors, their intensity makes them a conditional use. Such facilities shall meet the following requirements:
A.
No specialized animal raising and care may be conducted on a lot of less than 10 acres. The developer shall agree to not subdivide any parcel below these stated minimums while the said use remains active.
B.
No pens or runs shall be closer than 100 feet from neighboring lot lines.
C.
Such facility shall provide evidence of meeting all applicable state codes and licenses.
§ 420-310 Sportsman's clubs.
A.
Sportsman's clubs shall present a plan for any proposed serving of alcohol on club grounds with evidence of compliance with Liquor Control Board Rules and ensuring that hours of operation do not concur with shooting events.
B.
A sportsman's club shall be located on a lot of no less than 40 acres.
C.
Sportsman's clubs shall illustrate that the design and direction of all firing lanes and shall not present a danger to public health and safety. The developer shall show adherence to best design practices, such as the National Rifle Association's NRA Range Source Book, to ensure safety. Other intensive uses shall present a plan to minimize any noise created by activities through buffering, acoustic engineering or topography.
D.
Outdoor shooting activities shall be limited to pistol range, skeet shoot, trap and skeet, and rim-fire rifles.
§ 420-311 Neighborhood business.
The purpose of this conditional use is to allow very small retail businesses that would serve the neighborhood or potential tourists. Such uses shall:
A.
Provide all parking as required by this chapter on lot.
B.
All compressors shall be so enclosed as to baffle their sound from surrounding uses.
C.
All dumpsters and or garbage/trash storage areas shall be enclosed.
D.
All signage shall be lit by indirect means.
E.
No newly constructed building shall exceed 5,000 square feet gross floor area (GFA).
§ 420-312 Public and private accredited schools, hospitals, and nursing homes.
A.
Public and private accredited schools, hospitals, and nursing homes shall be located on a paved public street which has two means of entrance and exit (it shall not be located upon a dead-end road or street), and with a minimum cartway width of 24 feet, or the street shall be improved to this minimum cartway width.
B.
The design and landscaping shall be compatible with, and preserve the character of, adjoining residential uses.
C.
All parking and recreation/play areas that abut residential uses shall provide screen planting.
D.
Any outdoor lighting shall be designed to prevent glare to adjoining properties.
E.
Such uses shall have, list and present, all required local, county, state or federal permits, or applications for required permits. If required permits are in the application stages, the final approval for same shall be a condition prior to issuing a certificate of occupancy.
§ 420-313 Personal care homes and group care facilities.
Personal care homes shall meet the following conditions:
A.
There shall be no sign or exterior display beyond the name of the home or its use. Signs shall meet the standards of § 420-408 of this chapter.
B.
Required local, county and/or state certifications shall be presented to the Township Board of Supervisors. Specifically included are to be applicable permits from the Pennsylvania Department of Human Services.
C.
Such uses shall have, list and present, all required local, county, state or federal permits, or applications for required permits. If required permits are in the application stages, the final approval for same shall be a condition prior to issuing a certificate of occupancy.
§ 420-314 Agricultural services.
This category may include agricultural processing industries and warehousing except slaughterhouses and dead animal reduction plants. This category includes retail outlets for agricultural products produced on and off premises, including wineries, cider mills, and farmer's markets as well as grain drying and feed mills, seed sales, feed grinding services, and agricultural implement dealers.
§ 420-315 Convenience store, gas station, and alternative fuel service station.
A.
All canopies from gasoline pumps must be set back from a public right-of-way by at least 1/2 of the front yard setback required.
B.
Areas for refueling underground fuel tanks shall be designed to comply with all federal and state regulations.
C.
Such uses shall have, list and present, all required local, county, state or federal permits, or applications for required permits. If required permits are in the application stages, the final approval for same shall be a condition prior to issuing a certificate of occupancy.
§ 420-316 Day-care services.
Day-care services shall be allowed as a conditional use providing the following criteria are met:
A.
Any outdoor play area shall be effectively fenced from access to abutting properties with a solid or opaque fence of at least four feet in height.
B.
For all new construction, and where feasible for existing structures, circular driveways shall be provided to deliver and pick up children. These will be for the safety of the children and the protection of the neighborhood. In any event, there shall be an off-street area for loading/unloading children.
C.
Such uses shall have, list and present, all required local, county, state or federal permits, or applications for required permits. If required permits are in the application stages, the final approval for same shall be a condition prior to issuing a certificate of occupancy.
§ 420-317 Mobile home parks.
Mobile home parks shall meet the following conditions:
A.
Provide evidence they have met all applicable regulations from sewage disposal.
B.
Show evidence of compliance with all applicable Pennsylvania Department of Environmental Protection regulations.
C.
Be screened from abutting single-family residential or business uses (Type I).
D.
Any mobile homes must meet the Uniform Construction Code standards for tiedowns/anchoring.
§ 420-318 Multifamily dwellings.
B.
Multiple single-family dwellings upon a single lot shall show that all minimum lot and yard requirements are met in a manner that would allow subdivision into legal lots if necessary at some point in the future.
C.
All multifamily dwellings shall be provided with public water and sewer connections or an approved community system.
D.
In addition to meeting minimum lot sizes for the district, the developer shall provide at least 10,000 square feet of lot area for each dwelling unit within the development.
E.
No portion of a multifamily dwelling may be erected within 100 feet of a R1A or R1B Zoning District.
§ 420-319 Light manufacturing, warehousing and truck terminals and wholesale businesses.
The purpose of this category is to diversify the Township's economic base by providing more industrial business opportunities in business areas without jeopardizing the overall welfare of other small business. Such businesses shall:
§ 420-320 Car washes, auto sales, and equipment sales and rental.
A.
These kinds of business differ from other kinds of retail or industry in that activities and goods sold may occur outside of buildings.
B.
No vehicles will be parked or stored within any setback lines or encroach upon a required yard area, except customer vehicles parked on a short-term basis. For the purposes of this section, a "short-term basis" shall be defined as less than 72 hours.
C.
If there is outdoor storage of new or used parts, scrap parts, unlicensed vehicles, parts of vehicles, or vehicles which lack current Pennsylvania inspection stickers, the storage area must be completely enclosed with opaque fencing at least six feet high and meet all setback requirements.
§ 420-321 Landscaping supply and materials.
No outdoor storage of mulch, stone or similar loose material is permitted within 200 feet of a property line occupied by a dwelling in separate ownership.
§ 420-322 Contractors garage or storage yard.
Such uses are permitted subject to the following requirements:
A.
All outdoor storage shall be within rear or side yard setbacks and behind the front lot line.
§ 420-323 Retail sales buildings of greater than 5,000 feet gross floor area.
§ 420-324 Self-service storage.
These structures consist of one or more larger buildings that are divided into small separate units. These units are then rented for storage, normally for personal goods. Such uses must adhere to the following regulations:
A.
There shall be no outdoor storage of any type, at any time, with the exception of properly registered and permitted vehicles. Such vehicles and trailers shall be stored in a manner that they are visually screened from any abutting residential use.
B.
In addition to the required side and rear yards, an additional ten-foot buffer yard shall be required. This buffer yard is to be planted in evergreen trees to provide a visual buffer to surrounding properties. Front yards shall be landscaped with a mix of lower shrubs, grass and trees.
C.
The entire complex shall be surrounded by a security fence at least six feet but not greater than eight feet in height. Said fence shall be no closer to any lot line than 10 feet.
§ 420-325 Planned business park.
A.
It is the intent of the planned business park (PBP) to provide for development of research and business parks that, while meeting applicable building, health and safety standards, also foster innovative building and open space resulting in an aesthetically attractive working environment; provide for the preservation and protection of natural resources and the effective use of land and materials; foster internal and external educational, business and research relationships to enhance the economic stability of the region; and provide the flexibility to adapt to changes in markets and technologies.
B.
The PBP is intend to achieve the following objectives:
(1)
Provide for screening, landscaping, signage, and lighting.
(2)
Provide efficient, safe and aesthetic land development.
(3)
Provide for adequate light and air, proper building arrangements, and minimum adverse effect on surrounding property and to preserve existing topography, trees, amenities, landmarks and natural features.
(4)
Develop proper safeguards to minimize the impact on the environment including but not limited to minimizing soil erosion and sedimentation, air and water pollution, and noise levels.
(5)
Ensure the provision of adequate water supply drainage and stormwater management, sanitary facilities and other utilities and services.
(6)
Provide this type of development with infrastructure and services supplied by the Township and public authorities.
C.
Design and improvements.
(1)
The design and physical improvements to the property being developed shall be provided by the developer as shown on the approved plan in accordance with the requirements of this section. Unless specifically waived or superseded by this chapter, all PBPs must comply with all requirements of Chapter 380, Subdivision and Land Development, and Chapter 369, Stormwater Management, both of the Code of the Township of Robinson.
(2)
Location. A PBP shall be adjacent to and have the primary vehicle access to an arterial street as defined or mapped in the Robinson Township Comprehensive Plan.
(3)
Size. A proposed PBP shall have no maximum acreage limit but shall contain no less than 20 acres of total land area.
(4)
All land contained in a proposed PBP must be filed by a single landowner and be developed as a single entity.
D.
Permitted uses. Land and structures in a PBP may only be used for the following:
(1)
Primary uses.
(a)
Public and private institutions of higher education and training.
(b)
Laboratories, offices and other facilities for both basic and/or applied research.
(c)
Corporate and governmental offices that are in conformance with the intent of this chapter.
(d)
Production or assembly of prototype only to the scale necessary for full investigation of the merits of the product.
(e)
Data and communication centers, information processing facilities.
(f)
Business, professional and financial offices.
(g)
Hotels, conference facilities, meeting rooms and restaurants.
(h)
Business services and retail uses incidental to and in support of other permitted uses.
(i)
Multioccupancy incubators.
(j)
Light industry.
(2)
Accessory uses.
(a)
Open space improvements and facilities.
(b)
Active recreational structures and fitness facilities.
(c)
Caretaker residences.
(d)
Other incidental operations required to maintain or support a primary or limited use, such as maintenance shops, central energy plants and wastewater treatment facilities.
E.
Density.
(1)
Lot area shall be a minimum of 20,000 square feet.
(2)
Maximum building coverage.
(a)
The total ground floor area of all buildings and structures shall not exceed 35% of the total land area of the park.
(b)
Maximum impervious surfaces shall, in developments of 50 to 100 acres, not exceed 60% and, in developments of 100 plus acres, not exceed 65% of the total land area of the park.
F.
Perimeter requirements. The park shall be designed to avoid adverse influences and impacts on surrounding properties. Required setbacks from perimeter boundaries shall be 100 feet for structures and 50 feet for parking areas. I-576 perimeter setbacks shall be 50 feet for structures and 25 feet for parking and driveway areas. Entry features are excluded from setback requirements provided they meet requirements of Chapter 380, Subdivision and Land Development, of the Code of the Township of Robinson.
G.
Interior setbacks. Interior setbacks must be proposed by the developer and shown on the preliminary plan and will be approved by the Township Board of Supervisors as a part of the preliminary plan approval. These setbacks must be consistent with the PBP's design and intent. Minimum front yard setbacks shall be 35 feet. Minimum side and rear yards setbacks shall be 20 feet.
H.
Open space requirements.
(1)
A minimum of 30% of the gross area of the park shall be devoted to open space.
(2)
At least 50% of the required open space shall be contiguous.
(3)
For purposes of calculating required acreage specified herein, open space shall not include land occupied by streets, driveways, parking spaces and buildings or structures, other than recreational structures.
I.
Environmental design.
(1)
The environmental design scheme of the PBP shall be laid out in such a fashion so that all of the elements listed below are incorporated into a harmonious and aesthetically pleasing design. Consideration should be given to the overall character of the development and its visual effect on adjacent uses as well as the tenants of the development and residents of the Township.
(2)
Existing trees should be inventoried and preserved whenever possible. Existing sands of mature healthy trees, hedgerows, waterways, historic sites, scenic points, views and vistas and other community assets and landmarks shall be preserved.
(3)
The PBP should be designed to minimize grading and other changes to the natural terrain. All grades and slopes should blend with the surrounding terrain and development.
(4)
All landscaping shall be in conformance with an overall landscaping plan and unifying concept for the development.
(5)
The PBP shall conform to the regulations on erosion and grading control contained in Chapter 380, Subdivision and Land Development, of the Code of the Township of Robinson.
(6)
The PBP shall conform to the requirements of Chapter 369, Stormwater Management, of the Code of the Township of Robinson.
(7)
Billboards shall be prohibited. Identification and direction signs shall be permitted, subject to regulation under § 420-408 of this chapter.
(8)
There shall be no direct glare, whether from floodlights or high-temperature processes, so as to be visible from adjoining zoning districts.
J.
Streets and traffic.
(1)
A PBP shall have an internal system of public streets with the major access to the site linked to an arterial street.
(2)
A system of pedestrian and bikeway access, in the form of paved sidewalks for interior walkways, shall be provided within the PBP. The minimum width of these access ways shall be eight feet in width and these accessways shall be paved with asphalt and be designed to drain. It may be necessary to connect between every use, structure or recreational area with pedestrian walks outside the park area for safety concerns.
§ 420-326 Sexually oriented businesses.
§ 420-327 Veterinary clinic.
A.
All overnight kennel facilities accessory to the clinic shall be able to provide indoor facilities for domestic pets and should be able to provide outdoor facilities for large animals.
B.
The clinic shall show evidence of legal means of disposal of dead animals and other medical waste.
C.
The clinic shall be screened from abutting residentially zoned property (Type I screening).
§ 420-328 Bottle clubs.
§ 420-329 Bulk fuel storage yard.
A.
Liquid storage tanks shall be completely surrounded by a dike capable of containing the maximum contents of all the tanks within the dike. Any openings in the dike shall be leakproof when closed and shall close automatically in the event of tank rupture. As needed, tanks shall be registered with DEP, comply with their regulations, and show evidence of same.
B.
No tank shall be located closer than 100 feet to any property or street line or 500 feet to any residence.
C.
The area within the dike shall be drained by an underground system capable of closing automatically in the event of tank rupture.
D.
An emergency management plan shall be prepared and approved by the Township with consultation with the local Fire Department and the consent of the DEP shall be secured by the developer as conditions of issuing a zoning permit or certificate.
§ 420-330 Flea markets.
A.
The operator of the flea market shall either be the property owner or provide evidence of written permission (such as a lease agreement) to utilize the property.
B.
The operator shall submit a plan that details public parking areas and the number and location of proposed seller stalls.
C.
The operator shall have a contract with an approved waste hauler and a minimum of one fifty-gallon-capacity solid waste receptacle (or equivalent dumpster capacity) for every four proposed sellers.
§ 420-331 Correctional facility/halfway house.
§ 420-332 Heavy industry.
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 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 performance standards under § 420-407, Performance standards.
[Amended 11-9-2020 by Ord. No. 02-2020; 2-8-2021 by Ord. No. 02-2021]
D.
A traffic study prepared by a professional traffic engineer and meeting any standards for such studies within Robinson Township.
§ 420-333 Salvage yards and recycling centers.
A.
All drive and parking areas shall be hard surfaced with asphalt or concrete.
B.
Type III screening per § 420-409B(3) shall surround the storage area.
C.
No emission of objectionable gases, fumes, smoke or dust may occur.
§ 420-334 Solid waste landfills.
Operators of sanitary landfills shall file with the Board of Supervisors written proof that they have met all permit requirements of the state and/or federal government as they may apply to a specific development.
A.
Local requirements which must be met prior to permit approval by the Board include:
(1)
Minimum lot size of 20 acres; a buffer yard of 200 feet from all public rights-of-way and 400 feet from all dwellings, schools, churches, hospitals and residential uses.
(2)
An eight-foot-high cyclone-type fence with panel weaving or similar solid fencing shall parallel all lot lines for purposes of preventing the passing of windblown litter and preventing direct visibility for the working area from public rights-of-way and adjoining properties. Barrier fences shall be maintained in good condition at all times.
(3)
The barrier shall be at a minimum distance of 75 feet from all operations, and the area between the work area and barrier shall consist of natural cover of vegetation of forestry. This strip shall not be of barren soil.
(4)
The landfill shall have no more than two access routes, unless the landfill property borders three or more public rights-of-way. In such an event, approval by the Township Supervisors will be necessary to secure an additional access route. All access areas shall be maintained in a dust-free condition at all times.
(5)
A bond will be filed with the Township Supervisors, at an amount deemed necessary by the Board of Supervisors, to provide for protection of Township roads, which may be used for access to this landfill.
(6)
The operator shall submit to the Board for approval a plan for the restoration of the landfill area, which shall include anticipated future use of the restored land. A DEP-approved restoration plan will be sufficient, where required.
(7)
Due to bird-strike hazards, landfills are not permitted within 5,000 feet of any airport.
(8)
Hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m.
§ 420-335 Natural gas compressor station or natural gas processing plant.
A.
Natural gas compressor stations are permitted as a permitted use in Industrial (I) and Light Industrial (LI) Zoning Districts and as a conditional use in Commercial (C), Rural Residential (R1A) and Agricultural (A) Zoning Districts.
B.
Natural gas processing plants are permitted as a conditional use in Industrial (I) and Light Industrial (LI) Zoning Districts.
C.
The requirements for either a permitted use or conditional use under this § 420-335 are as follows:
(1)
Before filing an application the applicant shall meet with representatives of the Township to discuss the:
(a)
Proposed use;
(b)
Site location;
(c)
The time frame for development;
(d)
Traffic routes;
(e)
The condition of Township roads as a part of said traffic route and the potential need for advance repairs or upgrades;
(f)
Plans for potential excess maintenance of said traffic routes; and
(g)
Traffic safety.
(2)
Applicant shall submit four copies of a signed and completed application with all applicable and required fees to the Township Zoning Officer.
(a)
The application must include the following information:
[1]
A written narrative signed and dated by the applicant, describing the proposed use outlining an approximate timeline for the proposed development;
[2]
A site plan, or a copy of the applicant's erosion and sediment control plan and post-construction stormwater management plan if said plans have been prepared by a licensed professional (e.g., engineer, surveyor, geologist or landscape architect) who is registered in Pennsylvania and who has attended up-to-date training provided by DEP, Office of Oil and Gas Management on erosion and sediment control and post-construction stormwater management for oil and gas activities;
[3]
A copy of the applicant's preparedness, prevention and contingency plan;
[4]
A road access plan showing both temporary and permanent access routes and identifying all ingress and egress points;
[5]
If any weight-restricted Township roads will be used by applicant for any oil and gas development or operations, applicant shall comply with any applicable road bonding requirements and provide proof of bonding of said roads. In lieu of road bonding, the Township and applicant may enter into a road maintenance agreement, a copy of which will be included;
[6]
A copy of highway occupancy permits and other permits already obtained at the time of the application submission.
[7]
Written authorization from the property owner(s) who has legal or equitable title in and to the surface of the proposed development. A copy of the oil and gas, mineral or other subsurface lease agreement or similar document vesting legal or equitable title to the surface will constitute written authorization;
[8]
The name of an individual and emergency contact number that the Township or residents may contact 24 hours a day for each day of the week to report emergencies.
(3)
Natural gas compressor stations or natural gas processing plants shall meet the location restrictions established by the commonwealth, its regulatory agencies and relevant local, state or federal statutes or regulations. Natural gas compressor stations or natural gas processing plants shall additionally meet the front, rear and side yard setbacks as provided for in Article II of this chapter.
(4)
No natural gas compressor station or natural gas processing plant shall be located closer than 1,000 feet to any dwelling, library, school or place of worship.
(5)
Applicant/operator shall take the necessary safeguards to ensure that the paved Township roads utilized shall remain free of dirt, mud, and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur.
(6)
Applicant/operator shall take necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development, applicant/operator will provide flagmen or other alternative and approved safety mechanism to ensure the safety of children at or near schools or school bus stops and include adequate sign and/or warning measure for truck traffic and vehicular traffic. Applicant/operator will coordinate its efforts with the school districts so as to minimize heavy truck traffic during the hours school buses are picking up or dropping off children.
(7)
The access driveway off the public road to the natural gas compressor station or natural gas processing plant site shall be gated at the entrance to prevent illegal access.
(8)
Fencing of at least six feet in height shall be installed around all natural gas compressor stations and natural gas processing plants.
(9)
Applicant/operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place.
(10)
Direct site lighting downward and inward toward the natural gas compressor station or natural gas processing plant so as to minimize glare on public roads and adjacent buildings within 500 feet of the facility.
(11)
Unless otherwise approved by adjacent property owners, no construction activities of natural gas compressor stations or natural gas processing plants shall be performed during the hours of 10:00 p.m. to 6:00 a.m.
(12)
Applicant/operator shall not clear brush or trees by way of burning, and shall chip, grind or remove all stumps from properties it clears for development purposes.
(13)
Noise standards for natural gas compressor stations and natural gas processing plants shall be equal to or less than 55 decibels at the nearest dwelling, library, school or place or worship at the time of initial construction.
(14)
Conditional use requirements.
(a)
Applicant/operator shall be responsible to pay the advertising and cost of public hearings incurred by the Township related to the application for activities authorized by this chapter.
(b)
Applicants/operators submitting an application for activities authorized by this chapter shall do so on a zoning permit application provided by the Township and shall submit an application fee based on the type of use, permitted or conditional, in accordance with the Township fee schedule.
§ 420-336 Shopping centers and multiple commercial buildings or uses on single lot.
B.
The developer shall either submit incorporation for a property owners' association that would own and maintain all private improvements, or show evidence that all minimum lot and yard requirements are met in a manner that would allow subdivision into legal lots if necessary at some point in the future.
C.
The proposal shall show adherence to all environmental design standards under § 420-325 as applicable to the site.
D.
Shopping centers shall only contain uses that are permitted in the relevant zoning district. If a use in a shopping center changes after the shopping center has received conditional use approval from the Board, then the new use will be required to seek separate zoning approval.
[Added 1-10-2022 by Ord. No. 01-2022]
§ 420-337 Medical marijuana grower/processor.
A.
A grower/processor must have a valid permit issued by the Pennsylvania Department of Health.
B.
A grower/processor may only grow, store, harvest or process medical marijuana in an indoor, enclosed, secure facility (building), which includes electronic locking systems, electronic surveillance, and other features required by the Pennsylvania Department of Health.
C.
All materials and equipment shall be stored within a completely enclosed building.
D.
The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.
E.
The size of the proposed operation and its relationship to surrounding uses shall be evaluated by the Supervisors to determine the appropriateness of the proposed activity in the location proposed.
F.
Adequate public facilities shall be available to meet the requirements of the proposed manufacturing process.
G.
Adjacent public streets shall be adequate to accommodate the traffic volumes and weight limits associated with truck traffic to and from the site.
H.
The Supervisors may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to insure that there is no adverse impact upon the functioning of the district or adjacent parcels.
I.
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining property so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
J.
A grower/processor may not be located within 1,000 feet of the property line of a public or private school day-care services facility, and may not be located within 750 feet of a residential use, and/or residential zoning district.
K.
A grower/processor may not operate on the same site as a dispensary.
§ 420-338 Essential services (wholesale or private).
A.
Such uses, as described herein, are owned and operated by a private utility or a private entity that provides the described services.
B.
Essential services (wholesale or private) are allowable as a conditional use in all zoning districts subject to the procedures for conditional use approval set forth in § 420-300 of this chapter. Additionally, if land development approval is required for the conditional use, the application for approval of land development shall be regulated by Chapter 380, Subdivision and Land Development, of the Code of the Township of Robinson, including plan submittal and approval procedures, unless specifically exempted by a provision of this chapter.
C.
Where the essential service (wholesale or private) described in an application to the Township is an aboveground, high-voltage (HV) electrical transmission line, the application submission requirements for the conditional use under this § 420-338 are as follows.
(1)
Applicant shall submit four copies of a signed and completed application with all applicable and required fees to the Township Zoning Officer.
(a)
The application must include the following information:
[1]
The name of the applicant and the address of its principal business office.
[2]
The name, title and business address of the attorney of the applicant and the person authorized to receive notice and communications with respect to the application if other than the attorney of the applicant.
[3]
A general description, not a legal or metes and bounds description, of the proposed route of the HV line, to include the number of route miles, the right-of-way width and the location of the proposed HV line within the Township.
[4]
The names and addresses of known persons, corporations and other entities of record owning property within the proposed right-of-way.
[5]
A general description of the applicant's HV line right-of-way interests.
[6]
A general description of the need for the proposed HV line.
[7]
A general description of the safety considerations which will be incorporated into the design, construction and maintenance of the proposed HV line.
[8]
A description of studies which have been made as to the projected environmental impact of the HV line as proposed and of the efforts which have been and which will be made to minimize the impact of the HV line upon the environment and upon scenic and historic areas, including but not limited to impacts, where applicable, upon land use, soil and sedimentation, plant and wildlife habitats, terrain, hydrology and landscape.
[9]
A matrix or list of all federal, state and local government with requirements governing the construction or maintenance of the proposed HV line; the regulatory permitting or licensing approvals that must be required for the project at the time the application is filed; and the approximate timeline for approval and current status. The applicant should provide relevant updates on the status of the regulatory permitting/licensing approvals throughout the application process.
[10]
The estimated cost of construction of the proposed HV line and the projected date for completion.
[11]
The following exhibits:
[a]
A depiction of the proposed route on aerial photographs and topographic maps of suitable detail.
[b]
A general description of the proposed HV line, including the length of the line, the number of supporting structures, the design voltage, the size, number and materials of the conductors, the design of the supporting structures and their height, configuration and materials of construction.
[c]
A simple drawing of a cross section of the proposed right-of-way of the HV line and any adjoining rights-of-way showing the placement of the supporting structures at typical locations, with the height and width of the structures, the width of the right-of-way and the lateral distance between the conductors and the edge of the right-of-way indicated.
[12]
Additional information as the Township may reasonably require with respect to the proposed HV line.
(b)
The application shall be signed by a person having authority with respect thereto and having knowledge of the matters therein set forth and shall be verified by the same.
(2)
At conditional use hearings held under this section, the Township will accept evidence upon and in its determination of the application it will consider, inter alia, the following matters:
(a)
The impact and the efforts which have been and will be made to minimize the impact, if any, of the proposed HV line upon the following:
§ 420-339 Medical marijuana dispensaries.
A.
A dispensary must have a valid permit issued by the Pennsylvania Department of Health.
B.
A dispensary may only dispense medical marijuana in an indoor, enclosed, secure facility (building).
C.
A dispensary may not operate on the same site as a grower/processor.
D.
A dispensary may not be located within 1,000 feet of the property line of a public or private school, day-care services facility, and may not be located within 750 feet of a residential use, and/or residential zoning district.
E.
A dispensary may sell medical devices and instruments which are needed to administer medical marijuana under the Medical Marijuana Act, 35 P.S. §§ 10231.101 et seq.
F.
A dispensary may sell services approved by the Pennsylvania Department of Health related to the use of medical marijuana.
§ 420-340 Home occupations.
Prior to issuance of a zoning certificate, the applicant shall present a plan to the Zoning Officer that meets the following performance standards:
A.
Evidence that the home occupation will be carried on entirely within the dwelling unit.
B.
Evidence that no more than 25% of the gross floor area of the dwelling may be used for the home occupation.
C.
Evidence that articles sold or offered for sale on site shall be limited to mail-order articles or articles for sale elsewhere.
D.
Evidence that no offensive noise, vibration, smoke (or other particulate matter), heat, humidity, glare or other objectionable effects shall be produced.
E.
Evidence that no equipment or processes shall be used which creates interference in radio or television receivers off the premises or which cause fluctuation in utility line transmissions. Applicant will also show that electric or electronic equipment will not create an electrical fire hazard.
F.
In order to retain the home occupation zoning certificate, not more than five persons other than the occupants of the dwelling unit shall be employed.
§ 420-341 Forestry and timbering.
The harvesting of trees shall be a permitted use in all districts, unless harvesting is being done as an adjunct to land development activities. However, any timber harvester (with the exception of a landowner harvesting his own trees) shall provide the Zoning Officer a sketch of the area to be harvested (a clear photocopy of a USGS quadrangle will be adequate). Also, the applicant must:
§ 420-342 Oil and gas operations and development.
A.
Oil and gas well site development is allowed as a permitted use in the Agricultural (A), Industrial (I), Light Industrial (LI), and Rural Residential (R1A) Zoning Districts and as a conditional use in those zoning classifications of Commercial (C), and Special Conservation (SC).
B.
Oil and gas subsurface facilities and activities are authorized in all zoning districts. Oil and gas subsurface facilities and activities shall be exempt of the requirements of this section.
C.
Oil and gas impoundments shall be allowed as a permitted use in the Industrial (I) Zoning District and as a conditional use in the Agricultural (A), Light Industrial (LI), Rural Residential (R1A) and Special Conservation (SC) Zoning Districts.
D.
Underground injection wells, or similarly named or proposed wells, regulated by the Environmental Protection Agency through Underground Injection Control program shall be prohibited in all other zoning districts. This section (exempting O&G from other requirements of zoning) shall not apply to wells falling within this category.
E.
The requirements for either a permitted use or conditional use, with the exception of oil and gas subsurface activities and facilities, under this § 420-342 are as follows:
(1)
Before filing an application the applicant shall meet with representatives of the Township to discuss the:
(a)
Proposed use;
(b)
Site location;
(c)
The time frame for development;
(d)
Traffic routes;
(e)
The condition of Township roads as a part of said traffic route and the potential need for advance repairs or upgrades;
(f)
Plans for potential excess maintenance of said traffic routes; and
(g)
Traffic safety.
(2)
Applicant shall submit four copies of a signed and completed application with all applicable and required fees to the Township Zoning Officer.
(a)
The application must include the following information:
[1]
A written narrative signed and dated by the applicant, describing the proposed use outlining an approximate timeline for the proposed development;
[2]
A site plan, or a copy of the applicant's erosion and sediment control plan if said plan has been prepared by a licensed professional (e.g., engineer, surveyor, geologist or landscape architect) who is registered in Pennsylvania and who has attended up-to-date training provided by DEP Office of Oil and Gas Management on erosion and sediment control and post-construction stormwater management for oil and gas activities;
[3]
A road access plan showing both temporary and permanent access routes and identifying all ingress and egress points;
[4]
If any weight-restricted Township roads will be used by applicant for any oil and gas development or operations, applicant shall comply with any applicable road bonding requirements and provide proof of bonding of said roads. In lieu of road bonding, the Township and applicant may enter into a road maintenance agreement, a copy of which will be included;
[5]
A copy of the applicant's preparedness, prevention and contingency plan;
[6]
A copy of the applicant's erosion and sedimentation control plan and post-construction stormwater management plan;
[7]
A copy of any state permits, to include the ESCGP 1 or 2, well permits, highway occupancy permits and other permits already obtained at the time of the application submission. An applicant may submit an application without the necessary and approved state permits but final Township approval shall be contingent upon receipt of said state permits. The applicant shall submit to the Township a true and correct copy of all permits issued by the Pennsylvania Department of Environmental Protection (PA DEP) and other state permitting agencies prior to beginning any work on an approved oil and gas development site;
[8]
Written authorization from the property owner(s) who has legal or equitable title in and to the surface of the proposed development. A copy of the oil and gas, mineral or other subsurface lease agreement or similar document vesting legal or equitable title to the surface will constitute written authorization;
[9]
The name of an individual and emergency contact number that the Township or residents may contact 24 hours a day for each day of the week to report emergencies;
[10]
When applicable, a copy of applicant's FAA Form 7460-1 Notice of Proposed Construction or Alteration showing that there is no interference with air traffic; and
[11]
The number of trailers to be located on the site.
(3)
Recognizing that the specific location of equipment and facilities is an important integral part of oil and gas development, as a part of the planning process, the applicant/operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property.
(4)
Oil and gas well site development shall only be permitted to be located on property that is a minimum of 10 acres or larger. Multiple properties may be combined to meet the 10 acre minimum.
(5)
Oil and gas operations shall meet the location restrictions established by the commonwealth, its regulatory agencies and found in those environmental acts. Oil and gas operations shall additionally meet the front, rear and side yard setbacks as provided for in Article II of this chapter.
(6)
Applicant/operator shall take the necessary safeguards to ensure that the Township roads utilized shall remain free of dirt, mud, and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur.
(7)
Applicant/operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development, applicant/operator will provide flagmen or other alternative and approved safety mechanism to ensure the safety of children at or near schools or school bus stops and include adequate sign and/or warning measure for truck traffic and vehicular traffic. Applicant/operator will coordinate its efforts with school districts so as to minimize heavy truck traffic during the hours school buses are picking up or dropping off children.
(8)
The access driveway off the public road to the drill site shall be gated at the entrance to prevent illegal access to the drill site.
(9)
For any gas well where the planned surface location of the well will be within 1,000 feet of a protected structure, the operator shall either install temporary safety fencing at least six feet in height around the established drilling pad or in lieu of fencing provide at least one security guard 24/7 at all times when drilling or completions equipment is on the well site.
(10)
Before drilling, first responders shall have on-site orientation and be provided with adequate awareness information. Upon request from the Township, applicant/operator will, prior to drilling of an oil or gas well, make available at its sole cost and expense an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the applicant/operator anticipates drilling activities in the Township.
(11)
Applicant/operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place.
(12)
Except in an emergency, no bullhorns shall be used on site as a means of communication on the drill site.
(13)
Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas, the applicant/operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the drill site, wellhead, or other area being developed so as to minimize glare on public roads and adjacent buildings within 500 feet of the drill site, wellhead, or other area being developed.
(14)
Prior to initial construction activities in the Township, the applicant/operator shall attend a public meeting to present general information about the applicant/operator's development plans in the Township and allow for questions and answers related to. The operator shall notify, in writing, by U.S. Mail or personal service, owners of real estate within 3,000 feet of contemplated drilling within the Township, the date, time and location of the meeting, and the approximate location of the proposed well site at least once, not more than 30 days and not less than seven days in advance of the meeting. If requested by the Township, and if drilling activities continue for more than 12 months, the operator shall attend additional meetings and present information, but shall not be required to do so more often than annually, unless additional well sites not previously discussed at a public hearing are proposed.
(15)
Prior to the commencement of drilling activities, no construction activities involving the alteration to, or repair work on, any access road or well site shall be performed during the hours of 10:00 p.m. to 6:00 a.m.
(16)
Operator shall not clear brush or trees by way of burning, and shall chip, grind or remove all stumps from properties it clears for development purposes.
(17)
All oil and gas operations must comply with the noise requirements in § 420-407B(5). In the event that an applicant/operator is unable to meet the aforementioned requirements the applicant/operator may either:
(a)
Utilize appropriate noise mitigation measures that may include sound barriers or such technology or devices that will allow the applicant/operator to meet said noise requirements; or
(b)
Obtain a release waiver of said noise requirements from the owners/renters of those properties who would be affected by noise conditions in excess of that allowed in § 420-407.
[1]
The applicant/operator must submit a professionally prepared sound study or sound impact assessment identifying those parcels that would be subject to excess sound levels.
[2]
The applicant/operator must obtain release waivers from all adversely impacted property owners/renters as identified on the sound study or sound impact assessment. A copy of said release waiver shall be provided to the Township.
[a]
All release waivers shall be signed by the impacted property owner/renter and notarized.
[3]
Upon applicant's/operator's submittal of said sound study or sound impact assessment and release waivers from all impacted property owners/renters, the applicant/operator shall be deemed to have met the requirements and intent of § 420-407B(5).
[4]
In the event that, upon commencement of activity, sound from oil and gas development and operations exceeds the allowances of § 420-407 on the properties of those owners/renters who did not sign a release waver, applicant/operator will either obtain a release waiver from said individuals per the requirements of Subsection E(17)(b)[2] above or be required to institute noise mitigation as referenced in Subsection E(17)(a) above.
(18)
The Township reserves the right to review and approve all temporary housing arrangements for employees of operator and any subcontractors working on the well site during the duration of drilling operations. If approved, the applicant/operator will be required to pay a fee in accordance with that provided for in the Township fee schedule.
(19)
All work-over operations shall be restricted to the hours of 6:00 a.m. to 10:00 p.m., except in the event of an emergency, as reasonably determined by the operator. "Work-over operations" shall mean the process of performing major maintenance or remedial treatments on an oil or gas well.
(20)
Conditional use requirements.
(a)
Applicant/operator shall be responsible to pay the advertising and cost of public hearings incurred by the Township related to the application for activities authorized by this chapter.
(b)
Applicants/operators submitting an application for activities authorized by this chapter shall do so on zoning permit application provided by the Township and shall submit an application fee based on the type of use, permitted or conditional, in accordance with the Township fee schedule.
§ 420-343 Golf courses; golf or country clubs.
Golf courses and golf or country clubs shall be subject to the following:
A.
The minimum site required shall be 30 acres.
B.
Clubhouses shall be located at least 200 feet from any property line adjoining property in a residential zoning district and at least 50 feet from all other property lines.
C.
Where eating and/or drinking facilities are provided, loading areas and parking requirements of § 420-406 for eating and drinking places shall be met.
D.
The clubhouse and any other outdoor recreation facility, other than the golf course, such as a swimming pool or tennis courts, shall be screened (Type IV screening) along all property lines that adjoin property in any residential zoning district.
E.
Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.
§ 420-344 Kennels.
Kennels shall be subject to the following:
A.
If required by law, the facility shall be licensed by the commonwealth.
B.
The facility shall comply with the Pennsylvania Dog Law (PA 1996-1513; 3 P.S. § 459-101 et seq.), as now or hereafter amended, and all applicable rules and regulations of the Pennsylvania Department of Agriculture.
C.
The minimum site required to operate a kennel shall be five acres.
D.
Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line adjoining property in a R-1A, R-1B, or R-2 Zoning District.
E.
Type I screening, as defined by § 420-409B, shall be installed along any property line adjoining an existing dwelling for the distance necessary to screen the adjacent dwelling and its rear yard from the kennel.
F.
Outdoor runs and similar facilities shall be constructed for easy cleaning and shall be adequately secured by a minimum six-foot-high fence with self-latching gate.
G.
The operator shall submit an animal waste management and disposal plan to the Township.
§ 420-345 Crematoriums.
§ 420-346 Accessory and principal solar energy systems.
[Added 10-10-2022 by Ord. No. 04-2022]
Accessory and principal solar energy systems shall be subject to the following:
A.
Compliance. The owner of the real property upon which the solar energy system shall be erected, as well as the applicant, shall be responsible for compliance with this article.
B.
Accessory solar energy systems (ASES).
(1)
Regulations applicable to all accessory solar energy systems:
(a)
ASES are a permitted accessory use in all Zoning Districts.
(b)
ASES 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 ASES, whether or not existing prior to the effective date of this section that materially alters the ASES, shall require approval under this section Routine maintenance or like-kind replacements do not require a permit.
(c)
The ASES shall meet the dimensional requirements of the applicable zoning district, unless otherwise specified in § 420-346.
(d)
The ASES layout, design and installation shall conform to applicable industry regulations and with all applicable fire and life safety requirements.
(e)
All on-site utility, transmission lines less than 34.5 kV, and plumbing shall be placed underground to the greatest extent possible.
(f)
The ASES shall be designed to use the energy created for on-site use only.
(g)
All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
(h)
All ASES shall be situated to eliminate concentrated glare onto nearby structures or roadways.
(i)
No ASES shall be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials.
(2)
Regulations applicable to roof-mounted and wall-mounted accessory solar energy systems:
(a)
A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.
(b)
ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for buildings within each of the applicable zoning districts.
(c)
Wall mounted ASES shall comply with the building setbacks in the applicable zoning districts.
(d)
Solar panels shall not extend beyond any portion of the existing roof or wall edge.
(e)
The applicant shall provide evidence certified by an appropriately licensed professional that the roof or wall is capable of holding the load of the ASES.
(3)
Regulations applicable to ground-mounted accessory solar energy systems:
(a)
A ground-mounted ASES shall not be located in the required front or side yards.
(b)
Freestanding ground-mounted ASES solar panels shall not exceed 25 feet in height above the ground elevation surrounding the systems.
(c)
The area beneath the ground mounted ASES shall be considered pervious cover, unless the use of impervious construction materials under the system should cause the area to be considered impervious.
(d)
Ground-mounted ASES 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 construed stormwater conveyance system.
(e)
If a ground-mounted ASES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and returned to environmentally stable condition.
C.
Principal solar energy systems (PSES).
(1)
Regulations applicable to all principal solar energy systems:
(a)
PSES are a conditional use in A, C, LI, and I Zoning Districts.
(b)
The applicant shall provide the following information including but not limited to:
[1]
Project narrative including the following: an overview of the project, project operator, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar-energy system.
[2]
An affidavit or similar evidence of agreement between the property owner and the solar-energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a solar-energy facility.
[3]
Identification of the properties on which the proposed PSES will be located and the properties adjacent to the proposed location.
[4]
A site plan showing the planned location of each proposed PSES, property lines, setback lines, access roads and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
[5]
A viewshed impact analysis illustrating views of the proposed PSES from multiple angles.
[6]
A design certification by a certified engineer consisting of the proposed foundation design and analysis of soil conditions.
(d)
PSES 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 any existing PSES, whether or not existing prior to the effective date of this section that expands the PSES shall require approval under this section. Routine maintenance or replacements do not require a permit.
(e)
The PSES shall meet the dimensional requirements of the applicable zoning district, unless otherwise specified in § 420-346.
(f)
The PSES layout, design and installation shall conform to applicable industry regulations, and with all other applicable fire and life safety requirements.
(g)
All on-site utility transmission lines less than 34.5kV and plumbing shall be placed underground to the greatest extent feasible.
(h)
The PSES shall be set back 100 feet from any occupied residence, measured from the outer edge of the panels or perimeter fence of the PSES, whichever is closer to the occupied residence, and the nearest edge of the occupied residence foundation.
(i)
The Applicant shall provide the Township 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.
(j)
If a PSES is being used to support commercial or industrial activity on another property, then the Township shall be informed of the intent of the PSES.
(k)
All PSES shall include signage with warning and safety information and any other information required by federal, state and local law and in accordance with this section.
(l)
Lighting shall be in accordance with the applicable sections of this section.
(m)
All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.
(n)
All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
(o)
The PSES owner and/or operator shall maintain a phone number throughout the life of the project for the Robinson Township Code Enforcement Officer to contact with inquiries and verified complaints. The PSES owner and/or operator shall make reasonable efforts to respond to the inquiries and complaints. A contact name, with knowledge of the system, must be provided to Robinson Township with updates due to employee advancement or turnover.
(2)
Regulations applicable to ground-mounted principal solar energy systems:
(a)
Ground-mounted PSES solar panels shall not exceed 25 feet in height.
(b)
Impervious coverage.
(d)
Unless agreed to by easement or right-of-way holder, ground-mounted 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.
(e)
Security.
[1]
In accordance with the National Electrical Code, all ground mounted PSES shall be completely enclosed by fencing with locking gate. The fence must be either (1) a minimum six-foot high fence with barbed wire or a seven-foot high fence.
[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.
(f)
Access drives to solar inverter stations are required to allow for maintenance and emergency management vehicles. The minimum cartway width is 24 feet.
(g)
If a ground-mounted PSES is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system must be returned to an environmentally stable condition.
(3)
Solar grazing.
(a)
Solar grazing may accompany PSES in all zoning districts where agriculture is a permitted principal use. The applicant may submit a solar grazing plan as part of the application and for the Board's consideration as part of its conditional use application for the PSES.
(b)
The solar grazing plan must indicate:
[1]
The type and amount of livestock to be utilized for solar grazing. The Township encourages the use of sheep for solar grazing;
[2]
The water source for the livestock. The applicant must provide a water well for the livestock if public water or reliable on-lot water (steam or pond) is not available;
[3]
The seed mix to be used for the grazing area. The Township requires a grazing friendly seed mix to be used, Fuzz & Buzz seed mix or similar;
[4]
Whether portable low voltage energizers and fences will be utilized or low three feet interior fences are to be installed to facilitate best grazing/vegetation management;
[5]
Whether fencing gates will be installed between adjoining solar parcels for moving solar grazing livestock and/or line up gates between separately fenced sections of the arrays; and
[6]
Whether pipe fences and gates around inverter/transformer pads will be appropriate.
(4)
Roof-mounted principal solar energy systems:
(a)
The applicant shall provide evidence certified by an appropriately licensed professional that the roof is capable of holding the load of the PSES.
(b)
PSES mounted on roofs of any building shall be subject to the maximum height regulations specified for buildings within the applicable zoning district. A roof-mounted PSES may not exceed the current perimeter of the existing roof.
(5)
Local emergency services.
(a)
The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).
(b)
The applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the solar energy facility.
(6)
Decommissioning.
(b)
Removal.
[1]
The PSES shall be decommissioned and removed in compliance with this section within six months after the date project abandonment occurs.
[2]
Also within six months after the date of project abandonment, the project parcel(s) shall be restored to an environmentally stable condition as close to preconstruction condition as reasonably practical.
[3]
If the property owner/project owner fails to remove the PSES in accordance with the requirements of this section, the Township shall have the authority to enter the project parcel(s) and physically remove the PSES, at the expense of the property owner.
(c)
Decommissioning plan.
[1]
A decommissioning plan prepared by a professional engineer or contractor shall provide the estimated cost to remove the PSES and related infrastructure, including but not limited to:
[a]
Cost to remove foundations.
[b]
Cost to remove pads.
[c]
Cost to remove underground collector lines.
[d]
Cost to remove permanent roads built on the project parcels as part of the construction of the PSES all to a depth of four feet below the surface.
[e]
Estimated cost to restore the project parcel(s) to an environmentally stable condition substantially similar to the condition of the project parcel(s) prior to construction of the PSES.
[f]
The estimated salvage value of the PSES.
[2]
The decommissioning plan shall be updated every five years.
[3]
Updated decommissioning plan.
[a]
A revised and updated decommissioning plan shall be provided to the local Planning Commission for review and recommendation five years after the date the building permit was issued for the PSES and each five-year anniversary thereafter until the PSES has been fully decommissioned and the project parcel has been restored as required.
[b]
After review and recommendation by the Planning Commission, the updated decommissioning plan must be reviewed and approved by the Board of Supervisors.
[c]
Such plan may be submitted to the Planning Commission up to 180 days prior to the date due.
[d]
Shall contain same information as the original decommissioning plan and shall provide an updated decommissioning cost.
(d)
Decommissioning security.
[1]
Prior to construction, a security in the form of a performance bond or irrevocable letter or credit in the amount to the decommissioning cost (if the decommissioning cost is a positive number) securing the decommissioning obligations of the PSES and naming the Township as a beneficiary shall be delivered to the Township.
[2]
The security shall be posted to reflect the revised decommissioning cost every five years.
[3]
The decommissioning security shall be posted or revised in the amount of the new decommissioning cost within 60 calendar days after approval of an updated decommissioning plan by Board of Supervisors and shall replace the existing decommissioning security, if applicable.
(e)
Decommissioning security release. After the PSES is fully decommissioned and written certification is issued by the Township Engineer to the Board of Supervisors that the project parcel(s) have been restored to an environmentally stable condition substantially similar to the condition they were in prior to construction of the PSES, the Township shall release the decommissioning security.
D.
Administration.
(1)
Applications.
(a)
Permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the solar energy system on the building or project parcel(s), including property lines. Permits must be kept on the premises where the solar energy system is located.
(b)
The permit shall be revoked if the solar energy system, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the solar energy system not to be in conformity with this section. In the case of nonconformity caused by natural forces, the owner shall have 60 days to initiate necessary remedial action to bring system back in conformance with the ordinance.
(c)
The solar energy system must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.
(d)
For PSES systems, conditional use approval is required prior to obtaining preliminary or final land development plan approval. The conditional use approval and land development plan processes can be concurrent.
(e)
All necessary stormwater plan approval, E&S, and NPDES permits, if any, must be approved prior to receiving final approval of the land development plan.
(f)
ASES systems for single-family residential use are exempt from the land development process, but a zoning permit is required.
(2)
Developers agreement. If required by the Board, the applicant shall, prior to receipt of an approved permit, sign a Robinson Township developers agreement and submit funds to an escrow account which will reimburse the Township for any actual fees or costs incurred arising out of or related to the application and project (collectively the "costs"). The costs shall include, but not be limited to, engineering and legal fees. Any funds remaining after project completion shall be returned to the developer.
(3)
Modifications.
(a)
The Board of Supervisors may, in its sole discretion, grant modification of the requirements of one or more provisions of this section if the applicant can show that literal enforcement of this section will create an undue hardship because of peculiar conditions pertaining to the property in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this section is observed. All requests for a modification shall be in writing and shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the section involved and the minimum modification necessary.